State Human Rights Commission

About

The State Human Rights Commission (SHRC) is a statutory and autonomous body established for the protection and promotion of human rights at the State level. It inquires into complaints of human rights violations by public servants, reviews safeguards available under the Constitution and laws, and recommends measures for their effective implementation. It is established under the Protection of Human Rights Act, 1993.

Background

• The Protection of Human Rights Act, 1993 provided for the establishment of both the National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs).
• State Human Rights Commissions may be constituted by State Governments under the provisions of the Act.
• The objective of establishing SHRCs is to provide an accessible institutional mechanism for addressing human rights violations at the State level.
• Not every State has constituted a State Human Rights Commission.

Statutory Provisions: The State Human Rights Commission is established under the Protection of Human Rights Act, 1993.

Composition of the SHRC

• The SHRC consists of a Chairperson, one Judicial Member, and one Member having knowledge or practical experience in human rights.
• The Chairperson is a former Chief Justice of a High Court.
• One Judicial Member is a serving or former Judge of a High Court or a District Judge with at least seven years’ experience.
• One Member is appointed from among persons having knowledge of or practical experience in human rights.
• The Chairperson and Members are appointed by the Governor of the State.
• The Commission is assisted by a Secretary, who is its Chief Executive Officer.

Appointment Committee

The Chairperson and Members are appointed by the Governor on the recommendations of a committee consisting of:

• Chief Minister – Chairperson
• Speaker of the Legislative Assembly
• State Home Minister
• Leader of the Opposition in the Legislative Assembly

Where the State has a Legislative Council, the Committee also includes:

• Chairman of the Legislative Council
• Leader of the Opposition in the Legislative Council

Tenure

• The Chairperson and Members hold office for three years or until attaining the age of 70 years, whichever is earlier.
• They are eligible for reappointment subject to the provisions of the Act.
• They may resign by addressing their resignation to the Governor of the State.

Conditions for Removal

• The President of India may remove the Chairperson or any Member on the ground of proved misbehavior or incapacity, after an inquiry conducted by the Supreme Court.
• The President may also remove a Member if he is adjudged insolvent.
• A Member may be removed if he engages in paid employment outside the duties of the office.
• Removal is also permitted if the Member is declared to be of unsound mind by a competent court.
• A Member may also be removed if convicted of an offence involving moral turpitude.

Jurisdiction of the SHRC

• The SHRC can inquire into violations of human rights relating to matters covered under the State List and the Concurrent List of the Seventh Schedule.
• It cannot inquire into matters already being investigated by the National Human Rights Commission (NHRC) or any other Commission constituted under law.
• It has no jurisdiction over matters falling exclusively under the Union List.

Functions of the SHRC

Inquiry Functions

• Inquiries into complaints of violation of human rights or negligence in preventing such violations by public servants.
• May take up cases suo motu, on petitions, or on directions of a court.

Judicial Functions

• Intervenes in court proceedings involving allegations of human rights violations with the approval of the concerned court.
• Visits prisons, detention centres, and other institutions under the control of the State Government to study the living conditions of inmates.

Review Functions

• Reviews constitutional and legal safeguards relating to human rights at the State level.
• Reviews factors that inhibit the enjoyment of human rights within the State.

Promotion Functions

• Promotes research and awareness in the field of human rights.
• Encourages the efforts of NGOs and institutions working for human rights.
• Spreads human rights literacy through publications, seminars, and media.

Advisory Functions

• Recommends measures to the State Government for effective implementation of human rights safeguards.
• Advises the State Government on policies relating to human rights.

Powers of the SHRC

• While conducting an inquiry, the SHRC enjoys the powers of a Civil Court.
• It can summon witnesses, examine them on oath, receive evidence, requisition public records, and issue commissions for examination of witnesses.
• It may call for reports from the State Government or public authorities.
• It can recommend interim relief or compensation to victims.
• Its recommendations are advisory and not legally binding.

Limitations

• Its recommendations are not binding on the State Government.
• It cannot inquire into matters that are more than one year old.
• It has no jurisdiction over matters relating exclusively to the Union List.
• It has no power to punish officials responsible for human rights violations.
• Many States have vacancies or have not constituted SHRCs, affecting their effectiveness.

Significance

• Provides an accessible mechanism for protection of human rights at the State level.
• Promotes accountability of State authorities.
• Strengthens the rule of law and democratic governance.
• Creates awareness about human rights among citizens.
• Complements the work of the National Human Rights Commission.

Way Forward

• Fill vacancies promptly and ensure the establishment of SHRCs in all States.
• Strengthen financial and administrative autonomy.
• Improve coordination with the NHRC and civil society organizations.
• Increase public awareness regarding human rights and complaint mechanisms.
• Enhance implementation of SHRC recommendations through institutional reforms.

Human Rights Courts

• Under Section 30 of the Protection of Human Rights Act, 1993, the State Government may, with the concurrence of the Chief Justice of the High Court, specify a Court of Session in each district as a Human Rights Court.
• These courts are established for the speedy trial of offences arising out of human rights violations.
• The State Government may also appoint a Special Public Prosecutor for conducting cases before these courts.

FAQs

Q1. Under which Act is the State Human Rights Commission established?
Ans: The Protection of Human Rights Act, 1993.

Q2. Who appoints the Chairperson and Members of the SHRC?
Ans: The Governor of the State.

Q3. Who removes the Chairperson or Members of the SHRC?
Ans: The President of India.

Q4. Are the recommendations of the SHRC legally binding?
Ans: No, they are advisory in nature.

Q5. What is the tenure of the Chairperson and Members of the SHRC?
Ans: Three years or until attaining the age of 70 years, whichever is earlier.