Democratic Institutions

report of the SCA of GANHRI on NHRC downgrading 

the SCA conducted an interview with the NHRC and asked the institution to provide responses in relation to the following issues:

- Involvement of police officers in investigation vis-à-vis the independence of the NHRC and victims’ access to justice
- Appointment of Secretary General noting the recruitment process and the practice of secondment for such official
- Legislative changes to the PHRA
- Composition of the NHRC members and staff and how it guarantees pluralism
- The selection and appointment process in practice
- Addressing human rights violations including the protection of human rights defenders, rights of religious minorities, number of public statements, and recommendations issued
- Cooperation with civil society organizations

Whilst acknowledging the steps taken by the NHRC to address human rights violations and speak up publicly, the SCA notes that these interventions have not been sufficient to address
the systemic human rights violations including:
- protection of human rights defenders,
- rights of religious minorities
- complaints against police officers
- deaths in judicial and police custody and
- follow-up actions on the implementation of its recommendations

India's rights body faces downgrade, loss of 'A' status https://www.ucanews.com/news/indias-rights-body-faces-downgrade-loss-of-a-status/108701

Sister Vanaja Jasphine, a rights activist. told UCA that the downgrading “will deprive India of its right to speak at the Human Rights Council and its voting power in crucial global human rights discussions,” among other things.

“It will also damage the reputation of India as a human rights defender,” she said, and added that “a weak national rights body may no longer have the strength to hold state actors, police, or security forces accountable for human rights violations.”

The Supreme Court on Monday (July 21) asked the Enforcement Directorate (ED) why it was being used for “political battles”. https://thewire.in/law/ed-not-a-super-cop-or-a-loitering-munition-to-attack-at-will-on-any-criminal-activity-madras-hc 

The top court made the remarks while refusing to entertain the ED’s appeal against the Karnataka high court quashing the summons against Karnataka Chief Minister Siddaramiah’s wife B.M. Parvati along with state minister Byrathi Suresh in connection with alleged illegal allotment of sites by the Mysuru Urban Development Authority (MUDA).

21/07/2025

The apex court issued a notice to ED on a Special Leave Petition (SLP) filed by TASMAC challenging the earlier Madras high court order.

https://thewire.in/law/ed-is-crossing-all-limits-says-supreme-court-as-it-stays-probe-against-tamil-nadus-tasmac 

Senior advocates Kapil Sibal and Mukul Rohatgi, who were representing TASMAC and its employees, argued that the agency had overstepped its mandate by cloning mobile phones and seizing personal devices without due process.

“We found some of the people to whom outlets have been given are actually taking cash. So, the State itself filed 41 FIRs from 2014-21 against individuals, not against the corporation. The ED comes into picture in 2025 and raids the corporation (TASMAC) and the head-office. All phones taken, everything taken. Everything cloned,” Sibal said.

To this, the CJI asked, “How can there be an offence against the corporation? You may register against the individuals, but against the corporation, a criminal matter?”

23/05/2025