State Human Rights Commission (SHRC)

Syllabus subtopic: Statutory, Regulatory and various Quasi-judicial Bodies.

Prelims and Mains focus: about SHRCs: composition and functions

News: The State Human Rights Commissions (SHRCs) were asked by National Human Rights Commission Chairperson to join the common portal — HRC Net — to avoid duplication of complaints.

About State Human Rights Commission (SHRC)

A State Government may constitute a body known as the Human Rights Commission of that State to exercise the powers conferred upon, and to perform the functions assigned to, a State Commission.

Composition

A State Commission is to be composed of a chairman and some members appointed by the Governor in consultation with the

1. Chief Minister,
2. Home Minister,
3. Speaker and
4. Leader of the Opposition in State Assembly.

• The chairman is to be a retired judge (or Chief Justice) of the High Court;

• one of the members should be a serving or a retired District Judge in that state;

• one member is to be a serving judge or a retired judge of the High Court,

• two members are to be activists in the field of Human Rights.

• Besides the above members, the Commission has its own secretary as well.

Term of office: Three years or till the age of seventy years (eligible for reappointment).

Removal

The chairman or any other member is removable by the President on the charge of proved misbehavior or incapacity after a regular inquiry by a judge of the Supreme Court. They are removable on the grounds as provided for such removals of the members of NHRC as well.

Functions

These functions of the SHRCs are to:

1. Inquire suo motu or on a petition presented to it, by a victim, or any person on his be into complaint of:

• Violation of human rights or abetment thereof;
• Negligence in the prevention of such violation by a public servant.

2. Intervene in any proceeding involving any allegation of violation of human rights, per before a Court with the approval of such Court.

3. Visit under intimation to the State Government, any jail or any other institution under the control of the State Government where persons are detained or lodged for purposes of treatment, reformation or protection to study the living conditions of the inmates and make recommendations thereon.

4. Review the safeguards provided by or under the constitution of any law for the time being in force for the protection of human rights and recommend measures for their effective implementation.

5. Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures.

6. Undertake and promote research in the field of human rights.

7. Spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the n seminars and other available means.

8. Encourage the efforts of Non-Governmental organisations and institutions working in the field of human rights.

9. Such other functions as it may consider necessary for the promotion of human rights.