In a startling offensive, the UN has questioned the selection of the mebers of the national human rights commission (NHRC) in the light of the selection norms reserving the position of the chairperson for a former chief justice of the supreme court.

The development comes as further discomfiture for the current chairperson justice K G Balakrishnan, whose image has recently suffered a beating due to allegations of corruption by his relatives.

The UN also questioned the selection of other members of the team as well.

“The selection procedure, restricting clause of selecting Chief Justice of the Supreme Court as NHRC chairperson should be broadened,” Margaret Sekaggya, UN Special Rapporteur told reporters in New Delhi. "The functioning of the National Human Rights Commission should be reviewed with a view to strengthening the Commission by, inter alia: extending the one-year limitation clause; establishing an independent committee in charge of investigating complaints filed; elevating the status of the human rights defenders focal point by appointing a Commissioner," she said in her preliminary recommendations.

Sekaggya also criticised the way NHRC functions. “The human rights defenders have submitted complaints related to human rights violations to the commissions, but reportedly their cases were hardly taken up, or the investigation, often after a significant period of delay, concluded that no violations occurred,” she said at the presentation of her preliminary report on India after her ten-day visit to the country.

Sekaggya put forth the question, “Can we broadened the selection of NHRC members and chairperson and bring more diversity in it. Functioning of human rights commission must be reviewed.”

However, she did not single out the NHRC chairperson during the press conference. "I am aware of the certain charges leveled against his relatives in media reports," she told Governance Now after the press conference.    

Sekaggya is also keeping a tab on human rights activist and paediatrician Dr. Binayak Sen's, incarceration under charges of sedition. “We are looking waiting the outcome. We are looking at how court comes with judgement,” She told reporters. Sekaggya also met Dr. Sen’s wife Prof. Illina Sen during her visit to India.

Talking about human rights violation in Jammu & Kashmir, the UN official also said that the government must address the issues of the people of the state. “During Kashmir’s visit, I listened to the testimony from the families from where their relatives died,” she said.

She also asked India to repeal the Armed Forces Special Powers Act (AFSA) and the Public Safety Act.

Sekaggya also criticised the Maoists violence. “Non-state actors commit violence too. Protection mechanism of the people of the country must be strengthened.”

“The state should put a mechanism in place so that the RTI activists are not targeted,” she said in the press conference. At least ten RTI activists have been killed while raising poor governance issue around the country.

Her preliminary report is based on touring New Delhi, Bhubaneshwar (Orissa), Kolkata (West Bengal), Guwahati (Assam), Ahmedabad (Gujarat), Jammu and Srinagar (Jammu and Kashmir) and submit the report to UN Human Rights Council (UNHCR).

Sekaggya’s visit was the first by any UN special rapporteur to India. Previous requests to visit India in 2002, 2003 and 2004 were not entertained by the government. However, the government allowed her a ten-day to visit while she applied for a three-week one. “In ten-days you can’t cover such a huge country,” she said.

“India is a party to international commitment and law, so the basic question is how to improve situation of human rights of the country,” Sekaggya told reporters.

On her visit to India, Sekaggya met people from all sides – government officials to human right defenders.