State Human Rights Commissions in India: Structure, Functions and Role of Human Rights Courts

The Protection of Human Rights Act of 1993 established the National Human Rights Commission (NHRC) at the national level and State Human Rights Commissions (SHRCs) in various states to protect citizens’ rights. With their multi-member structure and specific functions, these commissions aim to address human rights violations effectively. They also investigate complaints and make recommendations to improve conditions for those affected by abuses, offering a critical avenue for justice.

State Human Rights Commissions and Courts: Safeguarding Fundamental Rights in India

Establishment of Human Rights Commissions in India

• Creation of State Human Rights Commissions: The Protection of Human Rights Act of 1993 provided for the creation of the National Human  Rights Commission at the center and a State Human Rights Commission at the state level. 

• • Accordingly, twenty-six states have constituted the State Human Rights Commissions  through Official Gazette Notifications. 
• Responsibilities Regarding Union Territories: The central government may assign the State Human Rights Commissions the responsibility of handling human rights matters for union territories, except for Delhi. 
  • In the case of the union territory of Delhi, these human rights matters are the responsibility of the National Human Rights Commission.

Composition 

• Key Members: The State Human Rights Commission is a multi-member body consisting of a chairperson and two members. 

• • Members should include a serving or retired High Court judge, a District Judge in the state with at least seven years of experience as a District Judge, and someone with knowledge or practical experience in the field of human rights. 
  • The chairperson should be a retired Chief Justice or Judge of a High Court.

Appointment

• The Governor appoints the chairperson and members based on the suggestions of a committee that is led by the Chief Minister and includes the speaker of the Legislative Assembly, the state home minister, and the leader of the opposition in the Assembly.  
  • The Presiding officer of the state’s legislative council and the Opposition leader in the Legislative Commission would also serve as committee members in the event that the state had a legislative council.
  • Furthermore, an appointment to a High Court or District Judge position may only take place following consultation with the Chief Justice of the relevant state’s High Court.

Tenure

• Members and Chairman: The members and the chairman serve three-year terms of office, or until they become seventy, whichever comes first. 
  • They’re qualified for re-appointment. 
• Post-Term Employment Restrictions: The chairperson and members are not eligible for employment in a state or federal government after their term. 

Removal

• Removal Authority of the President: The State Human Rights Commission’s chairperson and members are appointed by the Governor, but the President alone has the authority to remove them (rather than the governor). 
• Grounds for Dismissal: The President may dismiss them for the same reasons and in the same way that he may dismiss the National Human Rights Commission’s Chairperson or a member. He or she may therefore dismiss the chairperson or a member in the following situations:
  • If he/ she is adjudged an insolvent; or
  • If he/she engages, during his/ her term of office, in any paid employment outside the duties of his/ her office; or
  • If he/ she is unfit to continue in office by reason of infirmity of mind or body; or
  • If he/ she is of unsound mind and stands so declared by a competent court; or 
  • If he/ she is convicted and sentenced to imprisonment for an offense. 
• Misbehavior or Incapacity: In addition to these, the President can also remove the chairperson or a member on the grounds of proven misbehavior or incapacity. 
  • However, in these cases, the President has to refer the matter to the Supreme Court for an inquiry. 
  • If the Supreme Court, after the inquiry, upholds the cause of removal and advises so, then the President can remove the chairperson or a member. 

Salary and allowances

• The salaries, allowances and other conditions of service of the chairperson or a member are determined by the state government. 
• But, they cannot be varied to his disadvantage after his appointment.

Reports

• The Commission sends its yearly or special reports to the state government. 
• These reports are shared with the state legislature, along with details on how they acted on the Commission’s recommendations and why they didn’t accept some of the suggestions.

Functions

• Investigating Violations of Human Rights: It looks into situations where public servants don’t respect human rights, either when someone reports it, or they notice it themselves, or when a court orders them to investigate.
• Involvement in Legal Cases: They get involved in legal cases that are about violations of human rights.
• Visits to Detention Facilities: They can 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, to study the living conditions of the inmates and make recommendations.
• Review of Terrorism-Related Issues: Review things like terrorism that can stop people from enjoying their human rights and suggest ways to fix the problems.
• Research about human rights.
• Study of International Human Rights Instruments: To study treaties and other international instruments on human rights and make recommendations for their effective implementation
• Support for Non-Governmental Organizations: They support organizations that are not run by the government and work on human rights.
• Additional Tasks for Human Rights Promotion: They do any other tasks they think are necessary to promote human rights.
• Scope of Investigations: A State Human Rights Commission can investigate violations of human rights only when they relate to subjects mentioned in the State List (List-II) and the Concurrent List (List-III) of the Seventh Schedule of the Constitution. 
• • However, if a case is already being looked into by the National Human Rights Commission or any other official commission, the State Human Rights Commission won’t investigate it again. 

Working

• Authority to Establish Operational Rules: The Commission has the authority to make its own rules for how it works. 
• Judicial Powers and Civil Court Status: It has the same powers as a civil court, and its actions are like those of a judge. 
• Information Request Powers: It can ask for information or reports from the state government or any lower authority. 
• Limitation on Investigations: However, it can’t investigate something if it happened more than a year ago.
• Recommendations for Victim Compensation: During or after an investigation, the Commission can do the following:
  • Suggest to the state government or authority to pay compensation to the victim.
  • Suggest to the state government or authority to take legal action against the guilty public servant.
  • Recommend that the state government or authority provide immediate help to the victim.
  • Ask the Supreme Court or the state High Court for directions, orders, or writs.
• Summary of the Commission’s Role: In summary, the Commission’s role is mainly about making recommendations. 
  • It doesn’t have the power to punish those who violate human rights or give compensation to the victim. 
  • Also, its suggestions are not mandatory for the state government or authority, but they need to inform the Commission about the actions they’ve taken within a month.

Human Rights Courts

• Creation of Human Rights Courts: The Protection of Human Rights Act 1993, also allows the creation of Human Rights Courts in each district to quickly handle cases involving human rights violations. 
• Criteria for Designating Human Rights Courts: The State Government may, with the concurrence of the Chief Justice of the High Court, may specify for each district a Court of Session to be a Human Rights Court to try the said offences, provided that nothing in this section shall apply if: 
• A Court of Session is already specified as a special court; or 
• A Special court is already constituted, for such offences under any other law for the time being in force.
• Appointment of Special Public Prosecutors: For each Human Rights Court, the state government designates a public prosecutor or selects a lawyer with seven years of experience to serve as a special public prosecutor for handling cases in that court.
• Role of Human Rights Institutions in India: Human rights institutions in India play a crucial role in safeguarding the fundamental rights of citizens. 
  • While their effectiveness has been subject to debate, their presence serves as a vital check on government power and a beacon of hope for those seeking justice.

Conclusion

Human rights institutions in India, including the SHRCs and Human Rights Courts, are essential for upholding the fundamental rights of citizens. 

• They serve as a check on government actions and provide a means for individuals to seek justice. 
• Although their effectiveness may vary, their existence represents a crucial step toward protecting human dignity and ensuring accountability in society.

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