State Human Rights Commission (SHRC)
The State Human Rights Commission (SHRC) is a statutory body constituted under the Protection of Human Rights Act, 1993 to protect and promote human rights at the State level. It inquires into complaints of human rights violations by public servants, reviews safeguards for human rights, visits prisons and detention centres, promotes human rights awareness, and advises the State Government on measures for better protection of human rights.
Establishment
- Statutory Body: The State Human Rights Commission (SHRC) is constituted under the Protection of Human Rights Act, 1993.
- Constituted by: State Government.
- The Central Government may confer on a State Human Rights Commission (SHRC) the functions relating to human rights in a Union Territory.
- This provision does not apply to the Union Territories of Jammu & Kashmir and Ladakh.
- Human rights matters relating to the National Capital Territory of Delhi are dealt with by the National Human Rights Commission (NHRC).
Jurisdiction
State Commission may inquire into violation of human rights only in respect of matters relating to subjects enumerated in:
- State List (List II) of the Seventh Schedule.
- Concurrent List (List III) of the Seventh Schedule.
However:
- The SHRC cannot inquire into matters already being investigated by the NHRC or any other Commission constituted under law.
- The SHRC cannot inquire into matters after the expiry of one year from the date on which the alleged human rights violation was committed.
Headquarter
The headquarters of the State Human Rights Commission shall be located at the place notified by the State Government.
Composition
The SHRC is a multi-member body consisting of a Chairperson and two Members.
Chairperson
The Chairperson shall be:
- A person who is, or has been, the Chief Justice of a High Court; or
- A person who is, or has been, a Judge of a High Court.
Members
- One Member who is, or has been, a Judge of a High Court or a District Judge with at least seven years’ experience as a District Judge.
- One Member possessing knowledge of, or practical experience in, matters relating to human rights.
Secretary
- The Commission has a Secretary who functions as the Chief Executive Officer of the SHRC.
- Subject to the control of the Chairperson, the Secretary exercises administrative and financial powers.
Appointment of Chairperson and Members
- The Chairperson and Members are appointed by the Governor by warrant under his hand and seal.
- The appointments are made on the recommendation of a Selection Committee consisting of:
- Chief Minister – Chairperson
- Speaker of the Legislative Assembly
- Minister in charge of the Home Department
- Leader of the Opposition in the Legislative Assembly
- Where the State has a Legislative Council, the following are also members of the Selection Committee:
- Chairman of the Legislative Council
- Leader of the Opposition in the Legislative Council
- A sitting Judge of a High Court or a sitting District Judge can be appointed only after consultation with the Chief Justice of the concerned High Court.
Acting Chairperson
- If the office of the Chairperson falls vacant due to death, resignation or any other reason, the Governor may authorise one of the Members to act as the Chairperson until a new Chairperson is appointed.
- If the Chairperson is unable to discharge his/her functions due to leave, absence or any other reason, the Governor may authorise one of the Members to perform the functions of the Chairperson until the Chairperson resumes office.
Term of Office
- Chairperson and Members hold office for three years or until they attain 70 years of age, whichever is earlier.
- They are eligible for reappointment.
- After their tenure, the chairperson and members are not eligible for further employment under the state or the Central Government.
Resignation
- The Chairperson or any Member may resign at any time by submitting a written resignation to the Governor.
Salary and Service Conditions
- Salaries, allowances and other service conditions of the chairperson or members are prescribed by the State Government.
- They cannot be varied to their disadvantage after appointment.
Removal of Chairperson and Members
Although the Chairperson and Members of a State Human Rights Commission are appointed by the Governor, they can be removed only by the President of India (and not by the Governor). The grounds and procedure for their removal are the same as those applicable to the Chairperson and Members of the National Human Rights Commission
The President may remove the Chairperson or any Member if he/she:
- Is adjudged an insolvent.
- Engages in any paid employment outside the duties of the office during the term.
- Is unfit to continue in office due to infirmity of mind or body.
- Is declared to be of unsound mind by a competent court.
- Is convicted and sentenced to imprisonment of an offence which in the opinion of the President involves moral turpitude.
Removal on the ground of proved misbehaviour or incapacity
- In addition, the President can also remove the Chairperson or any Member on the ground of proved misbehaviour or incapacity.
- In such cases, the President must refer the matter to the Supreme Court for an inquiry.
- If the Supreme Court, after the inquiry, upholds the grounds for removal and advises accordingly, the President can remove the Chairperson or Member.
Functions of the Commission
- To inquire into any violation of human rights or negligence in the prevention of such violation by a public servant, either suo motu or on a petition presented to it or on an order of a court.
- To intervene in any proceeding involving allegations of violation of human rights pending before a court.
- To visit jails and detention places to study the living conditions of inmates and make recommendations thereon.
- To review the constitutional and other legal safeguards for the protection of human rights and recommend measures for their effective implementation.
- To review the factors including acts of terrorism that inhibit the enjoyment of human rights and recommend remedial measures.
- To undertake and promote research in the field of human rights.
- To 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 media, seminars and other available means;
- To encourage the efforts of non-governmental organizations (NGOs) working in the field of human rights.
- To undertake such other functions as it may consider necessary for the promotion of human rights.
Powers
The Commission, while inquiring into any matter has all the powers of a civil court trying a suit and in particular in respect of the following matters:
- summoning and enforcing the attendance of any person and examining him on oath;
- discovery and production of any document;
- receiving evidence on affidavits;
- requisitioning any public record or copy thereof from any court or office; and
- issuing commissions for the examination of witnesses or documents.
Working
Procedure for Transaction of Business
- The Commission shall meet at such time and place as the Chairperson may decide.
- The Commission is vested with the power to regulate its own procedure.
- All orders and decisions of the Commission shall be authenticated by the Secretary or any officer authorised by the Chairperson.
Inquiry into Complaints
While inquiring into complaints of human rights violations, the Commission may:
- Call for information or a report from the State Government, or any authority or organisation subordinate to them, within the time specified by the Commission.
- Proceed with the inquiry on its own if the required information or report is not received within the stipulated time.
- If, after receiving the information or report, the Commission finds that no further inquiry is needed or that the concerned Government or authority has already taken or started necessary action, it may close the complaint and inform the complainant.
- Initiate an independent inquiry, if it considers such an inquiry necessary, having regard to the nature of the complaint.
Action after Inquiry
The Commission may take the following steps during or after completing an inquiry:
- When 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 can recommend to the concerned Government or authority to:
- Pay compensation or damages to the complainant, victim or the victim’s family.
- Initiate prosecution or other suitable action against the concerned person(s).
- Take any other action considered appropriate.
- Approach the Supreme Court or the High Court for appropriate directions, orders or writs.
- Recommend immediate interim relief to the victim or the victim’s family at any stage of the inquiry.
- Provide a copy of the inquiry report to the petitioner or the petitioner’s representative
- Send the inquiry report along with its recommendations to the concerned Government or authority, which shall submit its comments, including the action taken or proposed to be taken, within one month or such further time as allowed by the Commission.
- Publish the inquiry report, along with the comments of the concerned Government or authority and the action taken or proposed to be taken on the Commission’s recommendations.
Recommendatory Nature of SHRC
- The functions of the SHRC are primarily recommendatory in nature.It has no power to punish human rights violators or award relief, including monetary compensation, to victims.
- Its recommendations are not binding on the State Government or authority.However, the State Government or authority must inform the Commission of the action taken on its recommendations within one month.
Reports of SHRC
- The Commission submits an annual report to the State Government.
- The Commission may submit Special Reports at any time on matters of urgent or significant importance, without waiting for the Annual Report.
- The State Government shall place the Annual and Special Reports before the State Legislature, respectively, along with:
- A Memorandum of action taken or proposed to be taken on the Commission’s recommendations.
- Reasons for the non-acceptance of any recommendation, if any.
- The annual report shall be prepared in such form, manner and contain such details as prescribed by the State Government.
The State Human Rights Commission (SHRC) serves as the principal institution for the protection and promotion of human rights at the State level. Through inquiry into violations, prison inspections, policy recommendations, human rights awareness and advisory functions, it strengthens accountability, rule of law and rights-based governance. Enhancing its institutional independence, investigative capacity and implementation of its recommendations will be crucial for ensuring effective protection of human rights across the States.
FAQs
1. Is the State Human Rights Commission a constitutional body?
No. It is a statutory body established under the Protection of Human Rights Act, 1993.
2. Who appoints the Chairperson and Members of the SHRC?
The Governor appoints them on the recommendation of a Selection Committee.
3. Who removes the Chairperson and Members of the SHRC?
They are removed only by the President of India, despite being appointed by the Governor.
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