Context

  • Protection of Human Rights Act of 1993 provides creation of State Human Rights Commission (SHRC) also.

  • 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
  • If enquired by NHRC, SHRC does not inquire into that case
  • central government may confer upon for UT except Delhi which is dealt by NHRC

Composition of State Human Rights Commission

  • chairperson and two members
  • Chairperson: retired Chief Justice or a Judge of a High Court
  • Members: serving or retired judge of a High Court or a District Judge in the state (7 Yrs Exp. As District Judge)

Appointment

Appointed by the Governor on the recommendations of a committee consisting:

  • Chief Minister
  • Speaker of the Legislative Assembly (LA)
  • State home minister
  • Leader of the opposition in LA and
    • In Case of state having Legislative Council:
  • Chairman of the Council
  • Leader of the opposition

Note: Sitting judge of a High Court or a sitting District Judge can be appointed only after consultation with the Chief Justice of the High Court State Human Rights Commission

Term:

  • 05 Years or 70 Years whichever is earlier
  • eligible for re-appointment
  • After Tenure not eligible for further employment under a state /central government

Removal

  • Removed only by the President (and not by the governor)
  • same grounds and in the same manner of NHRC

Functions

  • Proactively or reactively inquire into violations of human rights by government of India or negligence of such violation by a public servant
  • 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
  • to study treaties and other international instruments on human rights and make recommendations for their effective implementation
  • undertake and promote research in the field of human rights
  • to visit jails and study the condition of inmates
  • engage in human rights education 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
  • encourage the efforts of NGOs and institutions congress to working in the field of human rights.
  • it considers the necessity for the protection of human rights.
  • requisitioning any public record or copy thereof from any court or office.

Working of State Human Rights Commission

  • Headquarter-Delhi (Can also establish at other places)
  • power to regulate its own procedure
  • powers of a civil court and its proceedings have a judicial character
  • empowered to utilise the services of any officer or investigation agency of the Central government or any state government
  • not empowered to inquire into any matter after the expiry of one year from the date on which the act constituting violation of human rights is alleged (look into a matter within one year of its occurrence)

Steps during or upon the completion of an inquiry:

  • Recommend to make payment of compensation or damages
  • Recommend initiation of proceedings for prosecution against the guilty public servant
  • Recommend grant of immediate interim relief
  • approach the Supreme Court or the high court for the necessary directions, orders or writs

Role of State Human Rights Commission

  • mainly recommendatory (Informed about action taken within 1 month)
  • no power to punish the violators of human rights, nor to award any relief including monetary relief
  • not binding on the state government (Action taken within 1 month)
  • submits its annual or special reports to State Govt. (Not to Governor)

Human Rights Courts

  • Setup in every district by the state government only with the concurrence of the Chief Justice of the High Court
  • State government specifies a public prosecutor or appoints an advocate (who has practiced for seven years) as a special public prosecutor

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