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. Currently, twenty-three states have constituted these commissions through Official Gazette Notifications.
About State Human Rights Commission (SHRC)
- Statutory Body: The SHRC is a statutory body, not a constitutional body, established under the 1993 Act.
- Watchdog: It serves as the watchdog of human rights within the State, safeguarding rights relating to life, liberty, equality, and dignity.
- Headquarters: Specified by the State Government through official notification.
What are Human Rights?
- UN Definition: Human rights are inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status.
- Entitlement: Entitled to everyone without any discrimination.
- Inclusions: Includes right to life, liberty, freedom from slavery/torture, opinion, expression, work, and education.
- Human Rights Day: Observed on 10 December every year.
Objectives of SHRC
- To strengthen institutional arrangements to address human rights issues in a focused manner.
- To look into allegations of excesses independently of the government.
- To complement and strengthen existing efforts in human rights protection.
Composition and Qualifications
The SHRC is a multi-member body consisting of a Chairperson and two other members.
| Position | Qualifications |
|---|---|
| Chairperson | A retired Chief Justice or a Judge of a High Court. |
| 1st Member | A serving or retired Judge of a High Court or a District Judge with minimum 7 years experience. |
| 2nd Member | A person having knowledge or practical experience with respect to human rights. |
Appointment of Members
Appointed by the Governor on the recommendations of a committee consisting of:
- The Chief Minister (Head)
- The Speaker of the Legislative Assembly
- The State Home Minister
- The Leader of the Opposition in the Legislative Assembly
- If applicable: Chairperson and Leader of the Opposition of the Legislative Council.
Note: A sitting judge can be appointed only after consultation with the Chief Justice of the High Court of the concerned state.
Term and Removal
- Term: 3 years or until the age of 70, whichever is earlier. Eligible for re-appointment.
- Post-Tenure: Not eligible for further employment under Central or State Government.
- Removal: Although appointed by the Governor, they can be removed only by the President on grounds of insolvency, paid employment, infirmity, unsound mind, or conviction.
Functions and Jurisdiction
The SHRC can inquire into violations only in respect of subjects in the State List (List-II) and Concurrent List (List-III).
- Inquire into violations by public servants (suo motu or on petition).
- Intervene in court proceedings involving human rights allegations.
- Visit jails and detention places to study inmate conditions.
- Spread human rights literacy and promote awareness.
Powers and Nature of Functions
- Civil Court Powers: Vested with the power to regulate its own procedure and has judicial character.
- Time Limit: Cannot inquire into any matter after one year from the date of the alleged violation.
- Recommendatory Nature: Functions are mainly recommendatory. Recommendations are not binding, but the government must inform the commission of actions taken within one month.
Issues Addressed by SHRC
- Custodial torture & Arbitrary arrest
- Child labour & Manual scavenging
- Violence against women/children
- LGBTQ community rights
- SCs/STs and minority issues
- Conflict-induced displacement
Human Rights Courts
The 1993 Act provides for a Human Rights Court in every district for speedy trials. These are set up by the State Government with the concurrence of the Chief Justice of the High Court. A Special Public Prosecutor (advocate with 7 years practice) is appointed for these cases.
Challenges
Challenges:
Limited enforcement powers, resource constraints, political interference, and backlog of cases.
The State Human Rights Commission (SHRC) is a multi-member body tasked with safeguarding the liberties and dignity of individuals at the state level. While the Governor handles appointments, the President of India retains the exclusive power of removal to ensure the commission's independence.
Composition, Appointments, and Removal Procedures
The SHRC operates as a multi-member body consisting of a chairperson and two members. The detailed framework is as follows:
| Aspect | Provisions and Details |
|---|---|
| Chairperson | Should be a retired Chief Justice or a Judge of a High Court. |
| Members | Should be a serving or retired judge of a High Court OR a District Judge in the state with a minimum of seven years’ experience as District Judge AND a person having knowledge or practical experience with respect to human rights. |
| Appointment |
Appointed by the Governor on the recommendations of a committee consisting of:
|
| Removal | Although appointed by the Governor, they can be removed only by the President of India. The grounds and manner are the same as those for the NHRC. |
| Term of Office | Hold office for a term of three years (as per latest amendments) or until they attain the age of 70 years, whichever is earlier. |
| Service Conditions | Salaries and allowances are set by the State Government. These cannot be varied to their disadvantage after appointment. |
| Employment Bar | After their tenure, they are not eligible for further employment under a state government or the Central government. |
Important Note: A 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 of the concerned state.
Fast-Tracking Justice: Human Rights Courts
The Protection of Human Rights Act (1993) also provides for the establishment of a Human Rights Court in every district for the speedy trial of violation of human rights.
- These courts can be set up by the state government only with the concurrence of the Chief Justice of the High Court of that state.
- For every Human Rights Court, the state government specifies a public prosecutor or appoints an advocate (who has practiced for seven years) as a special public prosecutor.
Way Forward: Enhancing Effectiveness
To address current challenges, the following steps are vital to enhance the effectiveness of SHRCs:
- Enhanced Independence: Ensuring SHRCs are adequately insulated from political interference and have necessary autonomy.
- Increased Resources: Allocating sufficient funding, staffing, and infrastructure to handle workloads and investigations efficiently.
- Public Awareness: Conducting outreach campaigns to educate the public on how to access the Commission for redressal.
- Capacity Building: Training programs for staff and investigators to enhance skills in monitoring and advocacy.
- Legal Reforms: Updating the legal framework to expand jurisdiction and grant adequate powers to enforce recommendations.
- Civil Society Collaboration: Fostering partnerships with NGOs and human rights defenders to leverage expertise.
- Transparency: Publishing annual reports and making proceedings accessible to ensure accountability.
- Access to Justice: Addressing barriers like language, geographical remoteness, and socio-economic disparities for marginalized populations.
Conclusion
The State Human Rights Commission stands as a testament to the enduring commitment to human rights in the face of evolving challenges. By safeguarding liberties, advocating for justice, and fostering a culture of respect, the SHRC not only protects individuals but also strengthens the foundations of democracy. The continued support and enhancement of such institutions are vital to ensuring that human rights are universally respected, paving the way for a more just and equitable world.