Acknowledgement

I am using this opportunity to express my gratitude to everyone who supported

me throughout the course of this project. I am thankful for their aspiring
guidance, invaluably constructive criticism and friendly advice during the project
work. I am sincerely grateful to them for sharing their truthful and illuminating
views on a number of issues related to the project.

I express my warm thanks to Dr. Kabindra Brijwal Sir for his support and
guidance at Banaras Hindu University.

I would also like to thank my coordinator Prof. C. P. Upadhyay and all the people
who provided me with the facilities being required and conductive conditions
for my project.

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 Contents

State Human Rights Commission ----------------------------------------------------- 3

Composition ------------------------------------------------------------------------------- 4
Functions of the commission ---------------------------------------------------------- 6
Power of the commission -------------------------------------------------------------- 7
Criticism ------------------------------------------------------------------------------------ 8
Conclusion --------------------------------------------------------------------------------- 9
Bibliography ------------------------------------------------------------------------------ 10

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 State Human Rights Commission

The Protection of Human Rights Act of 1993 provides for the creation of State
Human Rights Commission at the state level. A State Human Rights Commission
can inquire into violation of human rights related to subjects covered under
state list and concurrent list in the seventh schedule of the Indian constitution.
But if National Human Rights Commission or any other statutory commission
has already inquired then the State Human Rights Commission doesn’t
investigate into it. Objectives and duties are same as National human rights
commission.

Definitions: -

Gaitil: Those Fundamental principles which determines the nature of any state
is called constitution of any organization

Gill Christ: Constitution is a set of written and unwritten rules or law by which
organization of government, distribution power of government in different part,
and determines the experiment of powers.

Herman Finer writes that Constitution is arrangement of reliable Political

Institutions.

Protection of Human Rights Act

The Protection of Human Rights Act was enacted in the year 1993. It provides
for the constitution of a National Human Rights Commission, State Human
Rights Commission in States and Human Rights Courts for better protection of
human rights. Section 2(d) of this Act defined human rights by stating that
human rights mean the rights relating to life, liberty, equality and dignity of the
individuals guaranteed by the Constitution or embodied in the International
Covenants and enforceable by courts in India.

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 Composition

The Chairperson of State Commissions should be a retired Chief Justice of a

High Court.

The members should be -

1. a serving or retired judge of a High Court or a District Judge in the state with a
minimum of seven years’ experience as District Judge; and

2. a person having knowledge or practical experience with respect to human

rights.

The Chairman and members are appointed by the President (Governor, in case
of state) on the recommendations of a six-member committee consisting of -

1. Prime minister as its head (Chief Minister, in case of state).

2. Speaker of the Lok Sabha (Legislative Assembly, in case of State).

3. Deputy Chairman of the Rajya Sabha (Legislative Council, in case of State (if it
has a council)).

4. Leaders of the Opposition in both the Houses of Parliament and

(House/Houses of State legislature, in case of State).

5. Union Home Minister (State Home Minister, in case of State).

A sitting judge of the Supreme Court or a sitting Chief Justice of a High ourt can
be appointed only after consultation with the Chief Justice of India.

The Chairman/Chairperson and members hold office for a term of five years or
until they attain the age of 70 years, whichever is earlier.

Members are eligible for re-appointment subject to 70 years’ age limit.

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After their tenure, the Chairman and members are not eligible for further
employment under the Central or a State Government.

Though appointed by Governor, the Governor cannot remove Chairperson or

member of state commission. Only President can remove them.

The President can remove the Chairman or any member from the office under
the following circumstances -

1. if he is adjudged an insolvent; or

2. if he engages, during his term of office, in any paid employment outside the
duties of his office; or

3. if he is unfit to continue in office by reason of infirmity of mind or body; or

4. if he is of unsound mind and stand so declared by a competent court; or

5. if he is convicted and sentenced to imprisonment for an offence.

But in such scenarios, the President has to refer the matter to the Supreme
Court for an enquiry.

If the Supreme Court, after the enquiry, upholds the cause of removal and
advises so, then the President can remove him.

The salary and other service conditions are decided by the Union Government
(State Government, in case of state).

They cannot be varied to their disadvantage during service.

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 Functions of the Commission:

According to the protection of Human Rights Act, 1993; below are the functions
of State Human Rights Commission:

(a) Inquire Suo moto or on a petition presented to it, by a victim, or any person
on his be into complaint of violation of human rights or negligence in the
prevention of such violation by a public servant.

(b) Intervene in any proceeding involving any allegation of violation of human

rights before a Court with the approval of such Court.

(c) Visit any jail or any other institution under the control of the State
Government where persons are detained to study the living conditions of the
inmates and make recommendations thereon

(d) 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.

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

(f) Undertake and promote research in the field of human rights.

(g) Spread human rights literacy among various sections of society and promote
awareness of the safeguards available for the protection of these rights.

(h) Encourage the efforts of Non-Governmental organizations and institutions

working in the field of human rights.

(i) Undertake such other functions as it may consider necessary for the
promotion of human rights.

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 Power of the commission

The commission has the power of a civil court and can take cognizance of cases
if received within one year of occurrence.
It can recommend compensation to victim, prosecution of accused. But such
recommendations aren’t binding.

It submits special or annual reports to state legislatures along with action taken
on their recommendations and reasons for non-acceptance of advice.

Working of the Commission

• The commission is vested with the power to regulate its own procedure.

• It has all the powers of a civil court and its proceedings have a judicial
character.

• It may call for information or report from the state government or any other
authority subordinate thereto.

• It has the power to require any person subject to any privilege which may be
claimed under any law for the time being in force, to furnish information on
points or matters useful for, or relevant to the subject matter of inquiry. The
commission can look into a matter within one year of its occurrence.

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 Criticism

State Human Rights Commission has limited powers and its functions are just
advisory in nature. The commission does not have power to punish the violators
of human rights. It cannot even award any relief including monetary relief to the
victim.
The recommendations of State Human Rights Commission are not binding on
the state government or authority, but it should be informed about the action
taken on its recommendation within one month.

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 Conclusion

There is a requirement to increase the powers of the State Human Rights

Commission. This could be increased in various ways in delivering justice to the
victims.
The commission should be empowered to provide interim and immediate relief
including monetary relief to the victim. The commission should also be
authorized to punish the violators of the human rights, which may act as
deterrent to such acts in the future. The interference of state government in
the working of commission should be minimum, as it may influence the working
of commission.

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 Bibliography

Srinivas, K., "Do Human Rights Ensure Social Justice?" in Applied Philosophy, ed.,
Raghavendra Prathap Singh, New Delhi: Om publications, 2003. (pp.195-208)

Diwan, Paras and Diwan, Peeyushi, Human Rights and the Law: Universal and
Indian, New Delhi: Deep and Deep publications, 1998

pscfever.com/upsc-fever/en/polity/preliminary-exam

http://www.yourarticlelibrary.com/human-rights/state-human-rights-
commission/49347

https://en.wikipedia.org/wiki/International_human_rights_law

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