THE PROTECTION OF HUMAN RIGHTS (AMENDMENT)ACT, 2006

An Act further to amend the Protection of Human Rights Act, 1993. Be it enacted by Parliament
on13th September, 2006,  in the Fifty-seventh Year of the Republic of India as follows This Act
may be called the Protection of Human Rights (Amendment) Act, 2006.
Some important Amendments 
 In section 2 of the Protection of Human Rights Act, 1993,the following clause shall be
substituted, namely:-
'"International Covenants" means the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights adopted by the General
Assembly of the United Nations on the 16th December, 1966 and such other Covenant or
Convention adopted by the General Assembly of the United Nations as the Central Government
may, by notification, specify
the following clause shall be substituted, namely:-
'(a)"Member"means a Member of the Commission or of the State Commission, as the case may
be
'(b) "National Commission for the Scheduled Castes" means the National Commission for the
Scheduled Castes referred to in article 338 of the Constitution;
(c) "National Commission for the Scheduled Tribes" means the National Commission for the
Scheduled Tribes referred to in article 338A of the Constitution;'
 In section 3 of the principal Act,-
"the National Commission for the Scheduled Castes and Scheduled Tribes", the words "the
National Commission for the Scheduled Castes, the National Commission for the Scheduled
Tribes" shall be substituted;
Substitution of new section for section 5. - 
(1) The Chairperson or any Member may, by notice in writing under his hand addressed to the
President of India, resign his office.
(2) the Chairperson or any Member shall only be removed from his office by order of the
President of India on the ground of proved misbehaviour or incapacity after the Supreme Court,
on reference being made to it by the President, has, on inquiry held in accordance with the
procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or the
Member, as the case may be, ought
on any such ground to be removed.
(3) the President may, by order, remove from office the Chairperson or any Member if the
Chairperson or such Member, as the case may be,-
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outside the duties of hisoffice; or
(c) is unfit to continue in office by reason of infirmity of mind or body; or
(d) is of unsound mind and stands so declared by a competent court; or
(e) is convicted and sentenced to imprisonment for an offence which in the opinion of the
President involves moral turpitude.".
Substitution of new section for section 6.- 
(1) A person appointed as Chairperson  shall hold office for a term of five years from the date on
which he enters upon his office or until he attains the age of seventy years, whichever is earlier.
(2) A person appointed as a Member shall hold office for a term of five years from the date on
which he enters upon his office and shall be eligible for re-appointment for another term of five
years:
Provided that no Member shall hold office after he has attained the age of seventy years.
(3) On ceasing to hold office, a Chairperson or a Member shall be ineligible for further
employment under the Government of India or under the Government of any State.".
Amendment of section 10.- 
Subject to the provisions of this Act and the rules made there under, the Commission shall have
the power to lay down by regulations its own procedure.
Substitution of new section for section 18.- 
The Commission may take any of the following steps during or upon the completion of an inquiry
held under this Act, namely:-
(a) where the inquiry discloses the commission of violation of human rights or negligence in the
prevention of violation of human rights or abetment thereof by a public servant, it may
recommend to the concerned Government or authority-
 (i) to make payment of compensation or damages to the complainant or to the victim or the
members of his family as the Commission may consider necessary;
(ii) to initiate proceedings for prosecution or such other suitable action as the Commission may
deem fit against the concerned person or persons;
(iii) to take such further action as it may think fit;
(b) approach the Supreme Court or the High Court concerned for such directions, orders or writs
as that Court may deem necessary;
(c) recommend to the concerned Government or authority at any stage of the inquiry for the grant
of such immediate interim relief to the victim or the members of his family as the Commission
may consider necessary;
Amendment of section 21.- 
The State Commission shall consist of-
(a) a Chairperson who has been a Chief Justice of a High Court;
(b) one Member who is, or has been, a Judge of a High Court or District Judge in the State with a
minimum of seven years experience as District Judge;
(c) one Member to be appointed from among persons having
knowledge of or practical experience in matters relating to human rights.