State Human Rights Commission (SHRC) | Indian Polity for UPSC CSE PDF Download

Overview of the State Human Rights Commission (SHRC)

A State Government may constitute a body known as the Human Rights Commission of that State to exercise the powers conferred upon and to perform the functions assigned to a State Commission.

• The State Human Rights Commission is charged with the protection of Human Rights or investigating any violations that occur within their respective state. 
• The Protection of Human Rights Act of 1993 provides for the creation of not only the National Human Rights Commission but also a State Human Rights Commission at the State Level.

• About 26 states have constituted the State Human Rights Commission through official Notification.

• A State Human Rights Commission can inquire into violation of human rights only in respect of subjects mentioned in the State List (List-II) and the Concurrent List (List-III) of the Seventh Schedule of the Constitution of India.

• The Central Government may confer upon the State Human Rights Commissions the functions relating to Human Rights except the Union Territory of Delhi. Such functions for New Delhi are dealt by the National Human Rights Commission.

Composition of State Human Rights Commission (SHRC)

The State Human Rights Commission is a multi-member body consisting of a chairperson and two members.

The chairperson should be a retired Chief Justice or a Judge of a High Court and members should be serving or retired judge of a High Court or a District Judge  with a minimum of seven years experience as District Judge and a person having knowledge or practical experience with respect to human rights.

• The Chairperson and members are appointed by the Governor on the recommendations of a committee  consisting of the chief ministers as its head, the speaker of the Legislative Assembly
• The chairperson and members hold office for a term of three years or until they attain the age of 70 years, whichever comes first.
• Although the chairperson and members of a State Human Rights Commission are appointed by the governor they can only be removed by the President (and not by the Governor).
• The chairman or any other member is removable by the President on the charge of proved misbehavior or incapacity after a regular inquiry by a judge of the Supreme Court.
• The Salaries, allowances, and other conditions of service of the chairperson or a member are determined by the state government. But they cannot be varied to his disadvantage after his appointment.

Functions of the States Human Rights Commission 

These functions of the SHRCs are to:

• Inquire suo motu or on a petition presented to it, by a victim, or any person on his be into a complaint of:
  (i) Violation of human rights or abetment thereof;
  (ii) Negligence in the prevention of such violation by a public servant. 
• Intervene in any proceeding involving any allegation of violation of human rights, before a Court with the approval of such Court. 
• Visit under intimation to the State Government, any jail, or any other institution under the control of the State Government where persons are detained or lodged for purposes of treatment, reformation, or protection to study the living conditions of the inmates and make recommendations thereon. 
• Review the safeguards provided by or under the constitution of any law for the time being in force for the protection of human rights and recommend measures for their effective implementation. 
• Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures. 
• Undertake and promote research in the field of human rights. 
• Spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the n seminars, and other available means. 
• Encourage the efforts of Non-Governmental organizations and institutions working in the field of human rights. 
• Such other functions as it may consider necessary for the promotion of human rights.

Working of the States Human Rights Commission 

The Commission is vested with the power to regulate its own procedure. It has all the powers of a civil court and its proceedings have a judicial character. 

• It may call for information or report from the state government or any other authority subordinate hitherto.
• The Commission is not empowered to inquire into any matter after the expiry of one year from the date on which the act constituting a violation of human rights is alleged to have been committed. 
• In other words, it can look into a matter within one year of its occurrence.

The Commission may take any of the following steps during or upon the completion of an inquiry:

• It may recommend the state government or authority to make payment of compensation or damages to the victim.
• It may recommend to the state government or authority the initiation of proceedings for prosecution or any other action against the state government.
• It may recommend the state government or authority for the grant of immediate interim relief to the victim.
• It may approach the Supreme Court or state high court for the necessary direction, order or writs.
• The Commission submits its annual or special reports to the state government. 
• These reports are laid before the state legislature, along with a memorandum of action taken on the recommendations of the Commission and the reasons for non-acceptance of any of such recommendations. 

From the above, it is clear that the functions of the commission are mainly recommendatory in nature. It has no power to punish the violators of human rights, nor to award any relief including monetary relief to the victim. 

Notably, its recommendations are not binding on the state government or authority. But, it should be informed about the action taken on its recommendations within one month.

About the Human Rights Courts 

• One of the objectives of the Protection of Human Rights Act, 1993 as stated in the preamble of the Act, is the establishment of human rights courts at the district level. The creation of Human Rights Courts at the district level has a great potential to protect and realize human rights at the grassroots. 
• The Protection of Human Rights Act, 1993 (section 30) provides for the establishment of Human Rights Courts for the purpose of providing speedy trial of offenses arising out of violation of human rights. It provides that the State Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify for each district a Court of Sessions to be a Human Rights Court to try the said offenses. The object of the establishment of such Courts at the district level is to ensure speedy disposal of cases relating to offenses arising out of violation of human rights. Section 31 of the Act provides the State government to specify and appoint a special public prosecutor in that court. 
• The Act however does not define or explain the meaning of “offenses arising out of violations of human rights”. It is vague. The Act also is silent about taking cognizance of the offense. 
• Violations of human rights that constitute penal offenses are already being tried and punished in the Criminal Courts. Only such violations which are not covered as offenses in any criminal law need to be taken cognizance of, inquired into, and redressed by human rights court.

Protection of Human Right (Amendment) Bill, 2019

• To make the National Human Rights Commission (NHRC) more inclusive and efficient, Lok Sabha passes the Protection of Human Rights (Amendment) Bill, 2019 which amends the Protection of Human Rights Act,1993.