State Human Right Commission

Human rights are the fundamental rights and freedoms to which everyone is entitled. Human rights also place a person’s responsibility on them not to infringe the rights of others. Economic, social, civil rights, and political and cultural rights are examples of human rights. To protect the rights of people, commissions have been established. The State Human Rights Commission (Indian constitution’s seventh schedule’s state list and concurrent list) is in charge of protecting human rights and investigating any violations that occur under its authority. The State Human Right Commission is part of the Indian Polity and Governance Syllabus, explained in this article. 

State Human Rights Commission- Background History

• A State Human Rights Commission can prosecute human rights violations in matters covered by the Indian constitution’s seventh schedule’s state list and concurrent list.
• The Human Rights Protection Act of 1993 mandates the establishment of a state-level Human Rights Commission. 
• The Human Rights Protection Act of 1993 creates a National Human Rights Commission and a state-level Human Rights Commission.
• Official Gazette Notifications have established State Human Rights Commissions in twenty-six states.

Functions of State Human rights Commission

The Human Rights Protection Act,1993 had given various functions of State Human rights commission:

• Conduct investigations on its own or respond to a complaint from the victim or someone acting on behalf of the victim.
• The State Human Rights Commission has the authority to interfere in court proceedings involving any human rights violation claim; however, such involvement must be approved by the court beforehand.
• It goes to prisons and other places where people are held. The state government should have jurisdiction over these entities. They visit to examine the convicts’ living conditions and provide recommendations.
• Recommend actions to ensure that the Constitution’s safeguards are effectively implemented.
• Encourage non-governmental organisations (NGOs) that operate in human rights.

Constitution of SHRC

It consists of two members and a chairman. The chairperson should be a retired Chief Justice of the High Court. The members should be serving or retired judges of the High Court or district judges with at least seven years of experience and someone with knowledge or practical experience in human rights.

The Chairperson and members of the SHRC are appointed based on the recommendations of a committee by the Governor:

• The Speaker of the Legislative Assembly
• The legislative council’s Leader of the Opposition
• The legislative assembly’s Leader of the Opposition
• The Chief Minister (chairperson)
• The Home Minister 
• The Legislative Council’s Chairman

Only the Supreme Court Chief Justice can appoint a sitting HC judge or a sitting district judge.

Powers of SHRC

The National Human Rights Commission Act of 1993 mandates the establishment of state-level human rights commissions. The Governor appoints the chairman and two other members of the state commission.

The following are the SHRC’s powers:

• It possesses all the civil court’s authorities, and its proceedings are judicial.
• It has the authority to intervene in any action involving a breach of human rights.
• It has the authority to review and safeguard human rights protection.

During or after an investigation, the Commission may take any of the following actions:

• It could imply that the state government or authority will pay the victim’s compensation or damages.
• It could advise the state government or authority that criminal charges or other proceedings be launched against it.
• It could be suggested to the state government or authority that the victim be given an immediate interim remedy.
• It can ask the Supreme Court or a state high court for guidance, orders, or writs.
• The Commission’s yearly or special reports are delivered to the state government. These reports and a memorandum of action taken on the Commission’s recommendations and the reasons for rejecting any of them are delivered to the state legislature.

Conclusion

Human rights are fundamental rights necessary for a person’s growth as a human being. The Constitution protects fundamental rights such as Fundamental Rights and DPSPs.

The commission should be able to provide interim and immediate relief to the victim, including monetary assistance. The tribunal should also have the power to prosecute human rights violators, which might deter future transgressions. State human rights commission UPSC is an important topic for exams.