Laxmikanth Summary: State Human Rights Commission | Indian Polity for UPSC CSE PDF Download

Introduction

The Protection of Human Rights Act of 1993 establishes both the National Human Rights Commission and State Human Rights Commissions at the state level. The State Human Rights Commission is formed by the state government.

State Human Rights Commission, Tamil Nadu

• A State Human Rights Commission investigates human rights violations only in matters listed in the State List (List-II) and the Concurrent List (List-III) of the Seventh Schedule of the Constitution.
• If a case is already under investigation by the National Human Rights Commission or another statutory commission, the State Human Rights Commission does not intervene.
• The central government can delegate functions related to human rights in union territories (excluding Jammu and Kashmir and Ladakh) to State Human Rights Commissions.
• For union territories like Delhi, the National Human Rights Commission handles human rights functions.  

Composition

The Commission is a multi-member body comprising a chairperson and two members. The chairperson, who must be a retired Chief Justice or High Court Judge, and members, either serving or retired High Court or District Judges with a minimum of seven years of experience as District Judges, or individuals with practical human rights experience.

Appointment Process 

The Governor appoints the chairperson and members based on the recommendations of a committee led by the Chief Minister. The committee includes the Speaker of the Legislative Assembly, the State Home Minister, and the Leader of the Opposition. In states with a Legislative Council, its Chairman and the Leader of the Opposition in the Council are also part of the committee. Appointment of sitting judges requires consultation with the Chief Justice of the relevant High Court.

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Term and Eligibility 

The chairperson and members serve a three-year term or until the age of 70, whichever comes earlier. Reappointment is possible. Post-tenure, they cannot seek further employment under state or central governments.

Removal 

Although appointed by the Governor, removal is under the President's authority. Grounds include insolvency, engaging in paid employment outside duties, mental or physical incapacity, unsound mind, conviction leading to imprisonment, or proven misbehavior. In cases of misbehavior or incapacity, the President refers the matter to the Supreme Court for inquiry and acts based on the Court's advice.

Conditions of Service

Salaries, allowances, and service conditions are determined by the state government and cannot be altered to the disadvantage of the chairperson or members post-appointment.

Objective

These provisions aim to ensure autonomy, independence, and impartiality in the Commission's functioning.

Functions and Working

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Functions of the Commission

1. Inquiry: Investigate human rights violations or negligence in prevention by public servants, initiated either suo motu, on petitions, or court orders.
2. Intervention: Step into ongoing court proceedings related to alleged human rights violations.
3. Inspections: Visit jails and detention places to assess living conditions and provide recommendations.
4. Review Safeguards: Examine constitutional and legal safeguards for human rights, suggesting effective implementation measures.
5. Address Terrorism: Assess factors, including acts of terrorism, hindering human rights enjoyment, and propose corrective actions.
6. Research: Conduct and promote research in the realm of human rights.
7. Human Rights Literacy: Disseminate human rights knowledge, creating awareness about available safeguards.
8. NGO Support: Support non-governmental organizations (NGOs) involved in human rights work.
9. Additional Functions: Undertake any other deemed necessary functions for the promotion of human rights.

Working of Commission

The Commission possesses the authority to regulate its own procedures, having the powers of a civil court with proceedings of a judicial nature. It can request information or reports from the state government or any subordinate authority.

The Commission is limited to investigating matters within one year from the alleged violation of human rights. After this period, it cannot inquire into the issue.

Gujarat State Human Rights Commission

Steps during or after an inquiry:

1. Compensation: Recommend the state government to compensate the victim.
2. Legal Action: Suggest the initiation of proceedings or actions against the responsible public servant.
3. Interim Relief: Advocate for immediate interim relief for the victim.
4. Judicial Intervention: Seek necessary directions, orders, or writs from the Supreme Court or state high court.

It's evident that the Commission's functions are primarily recommendatory. It lacks the power to punish violators or provide relief, including monetary compensation to victims. Importantly, its recommendations are non-binding on the state government or authority. However, they should inform the Commission about actions taken within one month.

The Commission submits annual or special reports to the state government, which are presented to the state legislature. These reports include a memorandum detailing actions taken on the Commission's recommendations and reasons for any non-acceptance.

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Human Rights Courts

Establishment of Human Rights Courts:

The Protection of Human Rights Act (1993) also mandates the creation of Human Rights Courts in each district to expedite the trial of human rights violations.

Key Points:

1. Authority: State governments, in consultation with the Chief Justice of the respective High Court, can establish these courts.
2. Appointment of Prosecutors: Each Human Rights Court designates a public prosecutor, or the state government appoints an advocate with seven years of practice as a special public prosecutor for conducting cases in that court.

2019 Amendment Act

Provisions of the Protection of Human Rights (Amendment) Act, 2019:

1. Chairperson Eligibility: The amendment allows a person who has served as a judge of the Supreme Court, in addition to the former Chief Justice of India, to be appointed as the Chairperson of the National Human Rights Commission.
2. Membership Increase: The number of members in the National Human Rights Commission, with knowledge or practical experience in human rights, is increased from two to three, including at least one woman.
3. Ex-officio Members: The chairpersons of the National Commission for BCs, the National Commission for Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities are designated as ex-officio members of the National Human Rights Commission.
4. Term Reduction: The term of the National Human Rights Commission's chairperson and members, as well as State Human Rights Commission, is shortened from five to three years, with eligibility for re-appointment.
5. State Commission Chairperson Eligibility: A person who has been a judge of a High Court, alongside the former Chief Justice of a High Court, can now be appointed as the Chairperson of the State Human Rights Commission.
6. Function Delegation: The central government can assign human rights-related functions to State Human Rights Commissions in union territories, excluding Delhi, which is under the jurisdiction of the National Human Rights Commission.
7. Administrative Powers: The Secretary-General of the National Human Rights Commission exercises administrative and financial powers (excluding judicial functions and regulation-making) under the chairperson's control.
8. State Commission Secretary Powers: The Secretary of the State Human Rights Commission exercises administrative and financial powers, subject to the chairperson's control.