The Protection of Human Rights Act, 1993, provided for the establishment of the State Human Rights Commission by an Act of Parliament for the protection and promotion of human rights in India. The State Government may create a body called the Human Rights Commission of that state in order to exercise the powers or perform the responsibilities that are given to the State Commission.
Table of Contents
- Composition
- Chairperson
- Members
- Appointment
- Tenure
- Salary and Allowances
- Functions
- Powers
- Achievements
- Conclusion
Composition of the States Human Rights Commission
The State Human Rights Commission is made up of three members: a chairperson and two members.
Chairperson
The chairperson shall be a retired Chief Justice of a High Court or a High Court Judge
Members
Members
Members should be a serving or retired High Court judge or a District Judge with a minimum of seven years experience as a District Judge, as well as someone with knowledge or practical experience in human rights.
Appointment
Appointment
The Governor appoints the Chairperson and members based on the recommendations of a committee headed by the Chief Ministers and including the Speaker of the Legislative Assembly.
Tenure
- The chairperson and members are elected for a three-year term or until they reach the age of 70, whichever comes first.
- Although the governor appoints the chairperson and members of a State Human Rights Commission, they can only be removed by the President (and not by the Governor).
Salary and Allowances
Salary and Allowances
The state government determines the chairperson’s or member’s salary, allowances, and other working conditions. After his appointment, however, they cannot be changed to his detriment.
Functions
Functions of the States Human Rights Commission
The functions of the States Human Rights Commission are as follows:
- To investigate any breach of human rights or failure to prevent such violations by a public servant, either on its own initiative or in response to a petition or a court order.
- To intervene in any pending legal proceedings including allegations of human rights violations.
- Visit jails and detention centers to assess detainees’ living conditions and make recommendations.
- Review and recommend steps for effective implementation of constitutional and other legal safeguards for the protection of human rights.
- Review the circumstances that obstruct the enjoyment of human rights, including acts of terrorism, and make recommendations for solutions.
- To conduct and encourage research on human rights issues.
- People’s human rights literacy should be promoted, as well as awareness of the measures available to defend these rights.
Powers
Powers of the States Human Rights Commission
- The Commission has the authority to govern its own procedure. It has all of the functions of a civil court and conducts judicial proceedings.
- It may request information or a report from the state government or any other authority that has previously been subordinate.
- The Commission has no authority to investigate any matter after one year has passed after the alleged violation of human rights occurred.
- To put it another way, it can investigate a problem within a year of its occurrence.
The Commission may take any of the following steps during or upon the completion of an inquiry:
- It may suggest that the victim’s compensation or damages be paid by the state government or authority.
- It may suggest to the state government or authority that criminal charges or other actions be brought against the state government.
- It may suggest to the state government or authority that the victim be granted prompt interim relief.
- It may seek direction, order, or writs from the Supreme Court or a state high court.
- The state government receives the Commission’s annual or special reports. These reports are presented to the state legislature, together with a memorandum of action taken on the Commission’s recommendations and the reasons for rejecting any of them.
Achievements of SHRC
Achievements of SHRC
- The State Human Rights Commission of Tamil Nadu directed the state government to compensate Rs.75 lakhs to 15 Irula tribal members for the harassment by the Villupuram police.
- The Assam State Human Rights Commission has taken a suo moto case on the fake encounters in the state.
- The Karnataka State Human Rights Commission issued suo moto notices to the Commissioners of Labour and Social Welfare departments regarding the employment of child labor in railway stations.
Conclusion
Conclusion
- The State Human Rights Commission has clearly demonstrated its willingness to assist all sections of society in the safeguarding of human rights.
- People are putting increasing faith in this Commission to protect their human rights. Despite the fact that the SHRCs has been in existence for 25 years, many questions about their operation and usefulness remain unanswered.
- The commission’s reputation and legitimacy are on the line. There is a pressing need for the Commission’s jurisdiction and power to be expanded.
