State Human Rights Commission

The Protection of Human Rights Act, 1993 (amended in 2006) mandates the creation of a State Human Rights Commission (SHRC) at the state level, alongside the National Human Rights Commission (NHRC) at the Centre. As of 2016, 25 states have constituted their respective SHRCs through Official Gazette Notifications.

Key Limitation on Jurisdiction: The SHRC can examine human rights violations only in relation to subjects that fall under the State List (List-II) and the Concurrent List (List-III) of the Seventh Schedule. It cannot inquire into matters exclusively under the Union List. Further, if a case is already under inquiry by the NHRC or any other statutory commission, the SHRC is barred from taking up that same case.

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The SHRC is a multi-member body comprising:

• 1 Chairperson – must be a retired Chief Justice of a High Court
• 2 Members – each must be either:
  • A serving or retired judge of a High Court, or
  • A District Judge with a minimum of 7 years' experience, or
  • A person with knowledge or practical experience in human rights

The 2006 Amendment reduced the membership of the SHRC from five to three and also revised the eligibility conditions for members.

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The Governor appoints the Chairperson and members on the recommendation of a consultative committee comprising:

1. Chief Minister (Head of the committee)
2. Speaker of the Legislative Assembly
3. State Home Minister
4. Leader of the Opposition in the Legislative Assembly

In states with a Legislative Council, the following are additionally included:

• Chairman of the Legislative Council
• Leader of the Opposition in the Legislative Council

Where a sitting High Court judge or sitting District Judge is to be appointed, prior consultation with the Chief Justice of the concerned High Court is mandatory.

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• The Chairperson and members serve for 5 years or until age 70, whichever comes earlier.
• Members are eligible for re-appointment for one more term, subject to the age cap of 70 years.
• After their term, they are ineligible for any further employment under either the state government or the Central Government.

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Despite being appointed by the Governor, the Chairperson and members of an SHRC can only be removed by the President — not by the Governor. This is a significant constitutional safeguard for independence.

Grounds for removal by the President (without Supreme Court reference):

• Adjudged insolvent
• Engaged in paid employment outside official duties during tenure
• Unfit due to infirmity of mind or body
• Declared of unsound mind by a competent court
• Convicted and sentenced to imprisonment

Removal on grounds of proved misbehaviour or incapacity: In such cases, the President must refer the matter to the Supreme Court for an inquiry. Only if the Supreme Court upholds the cause of removal and advises so can the President act.

Salaries and service conditions are determined by the state government but cannot be varied to the disadvantage of the Chairperson or member after appointment — ensuring financial independence.

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The Commission performs the following functions:

1. Inquiry into violations – Can take up cases suo motu, on petition, or on court order regarding violations of human rights or negligence by public servants in preventing such violations.
2. Court intervention – Can intervene in pending court proceedings involving alleged human rights violations.
3. Prison visits – Can visit jails and detention facilities to assess living conditions and recommend improvements.
4. Review of legal safeguards – Examines constitutional and statutory provisions for human rights protection and recommends stronger implementation.
5. Terrorism and inhibiting factors – Reviews factors including terrorism that obstruct the enjoyment of human rights and proposes remedial measures.
6. Research – Undertakes and promotes research in the human rights domain.
7. Awareness and literacy – Spreads human rights education among the public and promotes knowledge of available safeguards.
8. NGO engagement – Encourages and supports the work of NGOs active in human rights.
9. Any other functions – May take up additional tasks as necessary for the promotion of human rights.

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• The Commission regulates its own procedure.
• It has the powers of a civil court and its proceedings are quasi-judicial in character.
• It can call for information or reports from the state government or any subordinate authority.

One-Year Limitation: The Commission cannot inquire into any matter after one year from the date of the alleged violation. Only violations within the preceding year are admissible.

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During or after an inquiry, the Commission may:

• Recommend payment of compensation or damages to the victim by the concerned government/authority
• Recommend initiation of prosecution or disciplinary action against the guilty public servant
• Recommend immediate interim relief to the victim
• Approach the Supreme Court or the High Court for directions, orders, or writs

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The SHRC's powers are recommendatory, not binding:

• It cannot punish human rights violators.
• It cannot award monetary relief directly to victims.
• Its recommendations are not binding on the state government or authority.
• However, the concerned authority must inform the Commission of the action taken within one month.

The Commission submits annual or special reports to the state government, which are then laid before the state legislature along with a memorandum detailing actions taken on recommendations and reasons for non-acceptance of any recommendations.

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The Protection of Human Rights Act, 1993 also provides for Human Rights Courts at the district level for the speedy trial of human rights violations.

• These courts are established by the state government only with the concurrence of the Chief Justice of the High Court of that state.
• The state government must designate a special public prosecutor — either a regular public prosecutor or an advocate with at least 7 years of practice.

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