The Himachal Pradesh High Court has directed the State Government to take necessary steps for the appointment of the Chairperson and members of the Himachal Pradesh Human Rights Commission (HPHRC), preferably within six weeks, noting that the prolonged vacancy was leaving complainants without a forum to have their grievances adjudicated.
Justice Sandeep Sharma passed the direction while hearing a petition filed by an employee of Ambuja Cements Limited, who had approached the Human Rights Commission in 2024 alleging violation of her rights and the mandate flowing from Vishaka v. State of Rajasthan, (1997) 6 SCC 241, concerning prevention of sexual harassment at the workplace. Her complaint could not be concluded because the Commission was not fully constituted.
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At the time the complaint was filed, the Commission had a regularly appointed Chairperson but no member. Although proceedings had commenced, an objection was subsequently raised regarding quorum for deciding the complaint. The respondent company contended that at least two members were required for a final decision. The proceedings were consequently adjourned sine die by the Lokayukta, who was holding additional charge of the Commission.
The High Court noted that the Human Rights Act, 1993 mandates the appointment of the Chairperson and members of the Commission. Despite more than a year having passed, the State had not taken steps to fill the vacancies, resulting in prejudice to the petitioner and similarly situated persons.
The Court observed that while appointment of the Chairperson and members falls within the State’s domain, the High Court, exercising its plenary jurisdiction under Article 226 of the Constitution, could direct the State to act in accordance with the statutory mandate so that the purpose and object of the legislation were not defeated.
In view of the larger issue of public importance, the Court declined to adjudicate the objections raised by the respondent concerning the maintainability of the petition and the complaint. Instead, it directed the Chief Secretary, Government of Himachal Pradesh, to ensure that necessary steps are taken for appointment of the Chairperson and members of the Human Rights Commission expeditiously, preferably within six weeks.
As an interim protective measure, the Court further ordered that the petitioner shall not be transferred from her present place of posting until her complaint before the Human Rights Commission is adjudicated. Any transfer orders already passed were also stayed.
