An Explanation on State Human Rights Commission

In this article, we will tell you about the State Human Rights Commission. Every state has a human rights commission that is responsible for protecting the human rights of the citizens residing in that particular state. Now, if you don’t know anything about this commission then you have landed on the right page. In this article, we will tell you what the human rights commission is, along with its composition, functions and powers.

What is the State Human Rights Commission?

The Protection of Human Rights Act of 1993 is the reason for the creation of the National Human Rights Commission. This act also allows the creation of the Human Rights Commission at the state level. 

This body has to ensure that there is no violation of the human rights related to subjects covered under the state list (List-II) and concurrent list (List-III) of the seventh schedule of the Constitution of India. Currently, 26 states have already made their respective State Human Rights Commission.

Composition of the State Human Rights Commission

The State Human Rights Commission consists of three members: a chairperson and two members. Let’s talk about all of them in detail:

Chairperson

A High Court Judge or a retired Chief Justice of a High Court can only be appointed as the chairperson of the Human Rights Commission.

Members

Members who are serving or are retired High Court Judges or a District Judge can be appointed as the members. Although they also must have seven years of experience as a District Judge along with some practical knowledge of human rights.

Appointment

The Chairperson is appointed by the governor. On the other hand, the members are selected if they receive recommendations of a committee consisting of the Chief Minister as its head including the Speaker of the Legislative Assembly.

Tenure

• The members and the chairperson must work for three years
• The second option is to work until they reach the age of 70, whichever comes first
• The President can remove the chairperson and the members

Once the tenure is over they cannot apply for a job under the state government or the central government. However, the Chairperson can work for another term in the commission if he/she fits the age limit set by the human rights commission.

Functions of the States Human Rights Commission

The major functions of the States Human Rights Commission are as follows:

• To make sure that no one is violating human rights and that all the government officials are doing their duties honestly
• To mediate the pending legal proceedings including allegations of human rights violations
• To visit the jails which are under the control of the state and analyse the detainees’ living conditions and make necessary recommendations
• Devise steps to effectively implement constitutional and other legal provisions that provide a shield to human rights
• Review things that are restricting the people to enjoy their human rights such as acts of terrorism and recommended necessary steps for it
• To conduct rigorous research on human rights issues
• Spread human rights literacy and make people aware of the rights and measures that are present to protect their rights
• Encourage Non-Governmental organizations and institutions who are actively working in the field of human rights and make people aware of them

Powers of the States Human Rights Commission

• The Human Rights Commission has the power to govern its own procedure
• It has all the functionalities of a civil court and has the authority to conduct judicial proceedings
• It can also request the state government or any other government body that has previously been subordinate
• The commission does not have the authority to investigate any matter which has violated human rights after one year of its occurrence

Criticism

The State Human Rights Commission doesn’t have a lot of powers. Unfortunately, their functions act as advisors to the government. The commission does not have the authority to punish the people who have violated human rights. It cannot even give monetary relief to the victim.

Conclusion

The State Human Rights Commission are wholeheartedly working to safeguard the human rights of the people. People have faith in them and trust they will never be deprived of their human rights. Citizens believe that if their rights are taken away then they will surely get help from the human rights commission. Although this commission is not perfect and has some flaws in it which is restricting the body to work more effectively. 

There is a need to provide more power to the human rights commission. At the same time, the commission should be given the authority to provide monetary relief to the victims. The commission should also get the power to punish the victims. The interference of the state government in the decision making and working of the commission should be minimal.