The State Human Rights Commission (SHRC) is a statutory body in India, established under the Protection of Human Rights Act, 1993. It aims to promote and protect human rights at the state level. The SHRC acts as a watchdog, ensuring that human rights violations are addressed effectively.
Definition of Human Rights
Human rights are inherent rights entitled to all individuals, irrespective of race, gender, nationality, or religion. They encompass rights such as:
- The right to life and liberty
- Freedom from torture and slavery
- Freedom of opinion and expression
- The right to work and education
Human Rights Day is celebrated on December 10 each year.
Objectives of SHRC
The SHRC has several objectives, including:
- Addressing human rights issues comprehensively.
- Investigating allegations of government excesses.
- Supporting existing human rights efforts.
Composition of SHRC
The SHRC is a multi-member body consisting of:
- A Chairperson
- Two other members
Qualifications of SHRC Members
The qualifications required for SHRC members are:
- Chairperson – Retired Chief Justice or Judge of a High Court.
- Member 1 – Serving or retired High Court Judge or District Judge with a minimum of seven years’ experience.
- Member 2 – Individual with knowledge or practical experience in human rights.
Appointment of SHRC Members
Members are appointed by the Governor based on recommendations from a committee that includes:
- The Chief Minister
- The Speaker of the Legislative Assembly
- The Leader of the Opposition
A sitting judge can only be appointed after consulting the Chief Justice of the High Court.
Term of Members
Members of the SHRC serve a term of three years or until they reach the age of 70, whichever comes first. They are eligible for reappointment but cannot take up further government employment after their term.
Removal of Members
Members can be removed only by the President of India. Grounds for removal include:
- Insolvency
- Engaging in paid employment outside their duties
- Unsound mind
- Criminal conviction
Any allegations of misbehavior must be investigated by the Supreme Court.
Salaries and Service Conditions
The State Government determines the salaries and conditions of service for SHRC members. These cannot be altered to their disadvantage after appointment.
Jurisdiction of SHRC
The SHRC can inquire into human rights violations concerning subjects in the State List and the Concurrent List of the Constitution. It cannot investigate cases already under inquiry by the National Human Rights Commission (NHRC).
Functions of SHRC
The SHRC performs various functions, including:
- Inquiring into human rights violations by public servants.
- Intervening in court proceedings related to human rights violations.
- Visiting jails to assess inmate conditions.
- Reviewing legal safeguards for human rights.
- Promoting human rights awareness and literacy.
Powers of SHRC
The SHRC has the authority to regulate its procedures. It possesses civil court powers and can:
- Call for information from the state government.
- Recommend compensation to victims.
- Suggest prosecution of violators.
- Approach higher courts for directives.
The Commission cannot inquire into matters older than one year.
Nature of Functions
The SHRC’s functions are primarily recommendatory. It cannot impose penalties or grants monetary relief. The state government must report back on the actions taken regarding its recommendations within one month.
Reporting by SHRC
The SHRC submits annual or special reports to the state government. These reports are presented to the state legislature, detailing actions taken on recommendations and reasons for any non-acceptance.
Issues Addressed by SHRC
The SHRC addresses various human rights issues, including:
- Arbitrary arrests and detentions
- Custodial torture
- Child labour
- Gender-based violence
- Discrimination against minorities
Human Rights Courts
The 1993 Act also mandates the establishment of Human Rights Courts in every district for speedy trials of human rights violations. These courts require the concurrence of the Chief Justice of the High Court.
Challenges Faced by SHRC
The SHRC encounters several challenges:
- Limited enforcement powers for recommendations.
- Resource constraints impacting operations.
- Lack of public awareness about its functions.
- Political pressures affecting independence.
- Backlog of cases due to limited resources.
