1. Establishment of State Human Rights Commission

Explanation

  • Under the Protection of Human Rights Act of 1993, each state in India can establish a State Human Rights Commission (SHRC) alongside the National Human Rights Commission.
  • SHRC can investigate human rights violations on issues within the State List and Concurrent List of the Seventh Schedule of the Indian Constitution.
  • If an inquiry is already underway by the National Human Rights Commission (NHRC) or another statutory body, the SHRC does not intervene.
  • The SHRC may also handle certain Union Territories’ human rights issues, except for Jammu, Kashmir, and Ladakh, as specified by Central Government Orders in 2020.

Example

  • The SHRC for Delhi falls under the jurisdiction of NHRC.

2. Composition of State Human Rights Commission

Explanation

  • SHRC is a multi-member body consisting of a Chairperson and two Members.
  • Chairperson: Must be a retired Chief Justice or Judge of a High Court.
  • Members: Must include a retired judge with at least seven years of experience as a District Judge or a person experienced in human rights.
  • Appointments are made by the Governor upon recommendations by a committee that includes prominent state officials, including the Chief Minister and the Leader of Opposition.

Tenure and Removal

  • Members serve a three-year term or until the age of 70, whichever comes first.
  • They can be re-appointed but cannot hold other employment under the state or central government post their tenure.
  • Although appointed by the Governor, only the President can remove members under specific conditions (e.g., insolvency, criminal conviction, incapacity).

3. Functions of the State Human Rights Commission

Explanation

  • SHRC has several responsibilities to protect and promote human rights:
    • Inquiry into Violations: Investigates human rights violations or negligence in prevention by public servants.
    • Judicial Intervention: Can intervene in court cases involving human rights allegations.
    • Prison Inspections: Visits jails to assess the conditions of inmates and recommend improvements.
    • Legal Safeguards Review: Analyzes and recommends enhancements for constitutional and legal protections.
    • Public Awareness: Promotes human rights literacy and supports NGOs working in this field.

Example

  • SHRC might review a case where a detainee alleges mistreatment in custody and recommend necessary changes in jail conditions.

4. Working Procedure of State Human Rights Commission

Explanation

  • The SHRC has the autonomy to regulate its procedures and operates with civil court-like powers.
  • It can request reports from state governments or authorities.
  • The SHRC only investigates incidents that occurred within one year prior to the filing date.
  • Post-investigation, SHRC can recommend actions such as compensation, legal proceedings against offenders, or interim relief to victims. However, its recommendations are advisory and not binding on the state government.

5. Human Rights Courts

Explanation

  • The Protection of Human Rights Act also allows states to establish Human Rights Courts in each district, dedicated to fast-tracking human rights cases.
  • The establishment requires concurrence from the Chief Justice of the state’s High Court.
  • Each court is provided with a public prosecutor, often a special appointee with at least seven years of experience.

6. 2019 Amendment Act

Key Provisions:

  1. Eligibility Expansion: Allows a Supreme Court judge (previously limited to Chief Justice of India) to be NHRC Chairperson; High Court judges are eligible for SHRC Chairperson.
  2. Membership Increase: NHRC members expanded from two to three, with mandatory inclusion of at least one woman.
  3. Ex-officio Members: Chairpersons from commissions like National Commission for BCs and National Commission for Child Rights are now ex-officio NHRC members.
  4. Term Adjustment: Reduced tenure for NHRC and SHRC members from five years to three years, with eligibility for re-appointment.
  5. Administrative Powers: Secretaries-General and Secretaries of NHRC and SHRC now handle administrative functions under the chairpersons’ oversight.