State Human Rights Commission (SHRC)

Human Rights Watchdog at the State Level

Establishment

The Protection of Human Rights Act, 1993 provides for:

• The National Human Rights Commission (NHRC)
• State Human Rights Commissions (SHRCs)

A State Government may constitute an SHRC.
Thus, SHRCs are:

• Statutory bodies
• Created by state governments, under a central Act

Jurisdiction

An SHRC can inquire into human rights violations related to:

• State List (List II) subjects
• Concurrent List (List III) subjects

But an SHRC cannot inquire into a case if:

• The NHRC is already investigating it
• Any other Statutory Commission (like National Commission for Women, etc.) is handling it

Union Territories

The Central Government can assign UT human rights functions to SHRCs — except for Delhi, Jammu & Kashmir, and Ladakh.

• For Delhi, NHRC alone handles human rights issues.

Composition of SHRC

The SHRC is a three-member body:

1. Chairperson

• Must be a retired Chief Justice of a High Court
  (After 2019 Amendment: even a retired High Court Judge is eligible.)

2. Member 1

• A serving/retired High Court Judge
  OR
• A serving/retired District Judge with minimum seven years of experience

3. Member 2

• An expert/individual with knowledge or practical experience in human rights

Appointment Process

Appointments are made by the Governor, based on recommendations of a committee:

Committee Members

1. Chief Minister (Chairperson)
2. Speaker of Legislative Assembly
3. Home Minister of the State
4. Leader of Opposition, Legislative Assembly
5. If the state has a Legislative Council:
   1. Chairman of Legislative Council
   2. Leader of Opposition, Legislative Council

Judicial Consultation

If appointing a sitting High Court Judge or sitting District Judge, consultation with the Chief Justice of the relevant High Court is mandatory.

Tenure and Removal

Tenure

• 3 years or
• Until age 70, whichever is earlier
• Eligible for re-appointment

Bar on Future Employment

After completing tenure, they cannot take further employment under Central or State Government.

Removal

Although appointed by the Governor, they can be removed only by the President (ensuring autonomy).

Grounds for removal are identical to NHRC:

1. Insolvency
2. Paid employment during tenure
3. Physical or mental infirmity
4. Unsoundness of mind (declared by court)
5. Conviction leading to imprisonment
6. Proven misbehaviour or incapacity (through Supreme Court inquiry)

This process ensures independence and impartiality.

Functions of SHRC

The functions are almost identical to NHRC, but restricted to the state level.

1. Inquire into human rights violations
   Suo motu, on petitions, or on court orders.
2. Court Intervention
   Participate in proceedings involving human rights issues.
3. Inspect Jails and Detention Centre
   Review living conditions, recommend changes.
4. Review Constitutional/Legal Safeguards
5. Examine factors like terrorism that affect human rights.
6. Conduct research on human rights.
7. Spread human rights awareness.
8. Encourage NGOs working in human rights.
9. Perform any other necessary function to promote human rights.

Working of SHRC

A. Powers

Like NHRC, SHRC has:

• Powers of a civil court
• Proceedings with judicial character
• Power to call for reports/information from the State Government

B. One-Year Limitation

It cannot inquire into cases older than one year from the date of the alleged violation.

C. Steps after Inquiry

SHRC may:

1. Recommend compensation or damages
2. Recommend prosecution of guilty public servants
3. Recommend interim relief
4. Approach High Court/Supreme Court for directions

D. Nature of Recommendations

Its role is only recommendatory, not enforceable.

However, the State Government must inform the SHRC within one month about action taken.

E. Reporting

SHRC submits:

• Annual Reports
• Special Reports

These are laid before the State Legislature with action-taken statements.

Human Rights Courts

The PHRA, 1993 also mandates establishing Human Rights Courts in every district.

These courts enable speedy trial of human rights violation cases.

Key points:

• Set up by State Government, with concurrence of Chief Justice of the High Court
• A Public Prosecutor or a Special Public Prosecutor (with 7-years minimum practice) is appointed for the court

These courts strengthen the judicial mechanism at the district level.

Protection of Human Rights (Amendment) Act, 2019

The 2019 Amendment made several important modifications:

1. NHRC Chairperson Eligibility Expanded

Now a Supreme Court Judge (not just former CJI) can be appointed as NHRC Chairperson.

2. Increase in NHRC Members (Experts)

From two → three
At least one woman among them.

3. Expanded Ex-officio Members

Chairpersons of:

• National Commission for BCs
• National Commission for Protection of Child Rights
• Chief Commissioner for Persons with Disabilities

→ All became ex-officio members of NHRC

4. Reduced Tenure

Tenure of NHRC & SHRC members reduced from:
5 years → 3 years, with eligibility for re-appointment.

5. SHRC Chairperson Eligibility Expanded

A High Court Judge (not just Chief Justice) can now be appointed as SHRC Chairperson.

6. UT Powers Clarified

Centre may confer UT human rights functions to SHRCs, except Delhi (handled exclusively by NHRC).

7. Enhanced Administrative Powers: NHRC

Secretary-General gets full administrative & financial powers (except judicial and regulation-making powers).

8. Enhanced Administrative Powers: SHRC

Secretary of SHRC gets administrative & financial powers under control of Chairperson.

Summary

• SHRC is a state-level statutory body similar to NHRC but limited to State and Concurrent List subjects.
• Its structure, powers, functions, tenure, and limitations largely mirror NHRC.
• It is recommendatory, not punitive.
• The 2019 Amendment significantly restructured eligibility, tenure, membership, and administrative powers of NHRC and SHRC.