Background & Legal Framework
- The Government of India established the National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs) through an Ordinance effective 28th September 1993.
- The Ordinance was later replaced by the Protection of Human Rights Act, 1993 (Act No. 10 of 1994), enacted on 8th January 1994, but effective retrospectively from 28th September 1993.
- NHRC was constituted in 1993, followed by the creation of SHRCs in various states.
Composition of SHRC
- SHRC is a multi-member body consisting of:
- Chairperson
- Two other members
Qualifications of Members
- Chairperson: Retired Chief Justice or Judge of a High Court
- 1st Member: Serving or retired High Court Judge or District Judge with at least 7 years of experience as a District Judge
- 2nd Member: Person with knowledge or practical experience in human rights
Appointment Procedure
- Appointed by the Governor on the recommendation of a committee comprising:
- Chief Minister (Chairperson of the committee)
- Speaker of the Legislative Assembly
- Chairperson of the Legislative Council (if applicable)
- Leader of the Opposition in the Legislative Assembly
- Leader of the Opposition in the Legislative Council (if applicable)
- State Home Minister
- Note: A sitting Judge of the High Court or a sitting District Judge can be appointed only after consultation with the Chief Justice of the concerned High Court.
Term & Re-appointment
- Tenure: 3 years or until 70 years of age, whichever is earlier
- Eligible for re-appointment
- Not eligible for further employment under Central or State Government after tenure
Removal of Members
- Though appointed by the Governor, members can be removed only by the President
- Grounds for removal (same as NHRC):
- Insolvency
- Engages in paid employment outside official duties
- Infirmity of mind/body
- Unsound mind, as declared by court
- Conviction and imprisonment
- Proved misbehavior or incapacity (after inquiry by the Supreme Court on Presidential reference)
Salaries & Conditions of Service
- Determined by the State Government
- Cannot be altered to disadvantage after appointment
Jurisdiction
- SHRC can inquire into human rights violations related to subjects under:
- State List and Concurrent List of the 7th Schedule
- Exclusion Clause: SHRC cannot inquire into matters already being investigated by:
- NHRC or
- Any other statutory commission
Functions of the Human Rights Commissions
- Inquire into violations of human rights or negligence in their prevention:
- Suo motu
- On petitions by victims or others on their behalf
- Intervene in court proceedings (with court approval) involving human rights violations.
- Visit jails and institutions (with State Government intimation) to:
- Assess living conditions
- Recommend reforms
- Review Constitutional & legal safeguards for human rights and recommend better implementation.
- Assess factors (e.g., terrorism) that inhibit enjoyment of human rights and suggest remedies.
- Promote and undertake research in the field of human rights.
- Promote human rights literacy and awareness through media, seminars, etc.
- Encourage NGOs and institutions working for human rights.
- Perform any other functions necessary for human rights promotion.
Powers Related to Inquiries (Similar to Civil Court Powers)
- While conducting inquiries, the Commission has powers equivalent to a Civil Court including:
- Summoning and examining witnesses on oath
- Discovery and production of documents
- Accepting evidence on affidavits
- Requisitioning public records from courts/offices
- Issuing commissions for examination of witnesses/documents
- Other prescribed matters
- Can require individuals (subject to legal privileges) to provide relevant information for inquiries.
- Additional powers to facilitate the inquiry process.
