State Human Rights Commission is a statutory body established under the Protection of Human Rights Act, 1993. A State Human Rights Commission can only investigate violations of human rights in subjects included in the State List (List-II) and the Concurrent List (List-III) of the Constitution's Seventh Schedule. Accordingly, twenty six states have constituted the State Human Rights Commissions through Official Gazette Notifications. 

This article explains about the State Human Rights Commission, Composition and Functions are useful for Prelims 2023 preparation and UPSC Mains 2023 as well.

Composition of the States Human Rights Commission

Functions of the States Human Rights Commission

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

• To investigate any breach of human rights or failure to prevent such violations by a public servant, either on its own initiative or in response to a petition or a court order.
• To intervene in any pending legal proceedings including allegations of human rights violations.
• Visit jails and detention centers to assess detainees' living conditions and make recommendations.
• Review and recommend steps for effective implementation of constitutional and other legal safeguards for the protection of human rights.
• Review the circumstances that obstruct the enjoyment of human rights, including acts of terrorism, and make recommendations for solutions.
• To conduct and encourage research on human rights issues.
• People's human rights literacy should be promoted, as well as awareness of the measures available to defend these rights.

Powers of the States Human Rights Commission

• The Commission has the authority to govern its own procedure. It has all of the functions of a civil court and conducts judicial proceedings.
• It may request information or a report from the state government or any other authority that has previously been subordinate.
• The Commission has no authority to investigate any matter after one year has passed after the alleged violation of human rights occurred.
• To put it another way, it can investigate a problem within a year of its occurrence.

The Commission may take any of the following steps during or upon the completion of an inquiry:

• It may suggest that the victim's compensation or damages be paid by the state government or authority.
• It may suggest to the state government or authority that criminal charges or other actions be brought against the state government.
• It may suggest to the state government or authority that the victim be granted prompt interim relief.
• It may seek direction, order, or writs from the Supreme Court or a state high court.
• The state government receives the Commission's annual or special reports. These reports are presented to the state legislature, together with a memorandum of action taken on the Commission's recommendations and the reasons for rejecting any of them.

Human Rights Courts

• The Protection of Human Rights Act (1993) also provides for the formation of Human Rights Courts in each district to expedite the prosecution of human rights violations.
• The state government may establish these courts only with the approval of the Chief Justice of the state's High Court.
• The state government selects a public prosecutor or an advocate (with seven years of experience) as a special public prosecutor for each Human Rights Court.

Achievements of SHRC

• The State Human Rights Commission of Tamil Nadu directed the state government to compensate Rs.75 lakhs to 15 Irula tribal members for the harassment by the Villupuram police.
• The Assam State Human Rights Commission has taken a suo moto case on the fake encounters in the state.
• The Karnataka State Human Rights Commission issued suo moto notices to the Commissioners of Labour and Social Welfare departments regarding the employment of child labor in railway stations.

Protection of Human Rights (Amendment) Act, 2019

• Protection of Human Rights (Amendment) Act established that, in addition to the Chief Justice of India, a person who has served as a Supreme Court judge is qualified to be chosen as Chairperson of the National Human Rights Commission.
• It expanded the number of members of the National Human Rights Commission (to be selected from among those with expertise or practical experience in human rights) from two to three, with at least one being a woman.
• The tenure of the chairperson of the National Human Rights Commission and the State Human Rights Commission was decreased from five to three years. It also qualified them for reappointment.
• It established that, in addition to the Chief Justice of a High Court, a person who has been a judge of a High Court is entitled to be selected as Chairperson of the State Human Rights Commission.
• It stated that, with the exception of the union territory of Delhi, the central government may delegate to state human rights commissions the tasks pertaining to human rights now performed by union territories.
• It said that the National Human Rights Commission's Secretary-General shall exercise all administrative and financial powers (excluding judicial responsibilities and the capacity to adopt rules), subject to the chairperson's oversight.
• It stated that the Secretary of the State Human Rights Commission would have all administrative and financial powers of the Commission, subject to the chairperson's authority.

Conclusion

The State Human Rights Commission has clearly demonstrated its willingness to assist all sections of society in the safeguarding of human rights. People are putting increasing faith in this Commission to protect their human rights. Despite the fact that the SHRCs has been in existence for 25 years, many questions about their operation and usefulness remain unanswered. The commission's reputation and legitimacy are on the line. There is a pressing need for the Commission's jurisdiction and power to be expanded.

FAQs

MCQs

1. Under which act was the State Human Rights Commission established?

A) National Human Rights Act, 2000
B) Protection of Human Rights Act, 1993
C) Right to Information Act, 2005
D) The Constitution of India

2. Who appoints the Chairperson and members of the State Human Rights Commission?

A) The Chief Justice of India
B) The Governor
C) The President
D) The Prime Minister

3. What is the tenure of the Chairperson and members of the SHRC?

A) 2 years
B) 5 years
C) 6 years
D) 3 years

4. Which of the following is NOT a function of the SHRC?

A) Investigating human rights violations
B) Awarding punishment
C) Promoting human rights awareness
D) Recommending policy changes to the government

5. The SHRC has the powers of which type of court during investigations?

A) Supreme Court
B) Criminal Court
C) Civil Court
D) Special Court

GS Mains Questions and Answers

Q1: Discuss the role of the State Human Rights Commission in promoting and protecting human rights at the state level.

Answer: The State Human Rights Commission (SHRC) plays a critical role in promoting and protecting human rights at the state level. Established under the Protection of Human Rights Act, 1993, the SHRC investigates allegations of human rights violations, conducts awareness programs, and advises the state government on policy matters related to human rights. It has powers similar to a civil court, allowing it to summon individuals, require documents, and conduct investigations.

The SHRC can take suo motu cognizance of human rights violations based on media reports or public complaints. It also promotes human rights awareness through campaigns and educational programs. While the SHRC cannot impose punishments, it makes recommendations to the government and ensures that victims of human rights abuses receive justice. However, its effectiveness can be limited by a lack of resources and the non-binding nature of its recommendations.

Q2: Evaluate the limitations of the State Human Rights Commission in enforcing its recommendations. How can its effectiveness be enhanced?

Answer: One of the main limitations of the State Human Rights Commission (SHRC) is that its recommendations are not binding on the government or judiciary. This often leads to delays in implementing corrective actions. Additionally, the SHRC lacks enforcement powers, as it cannot impose penalties or take punitive measures. Another challenge is the limited resources and manpower available to the SHRC, which can hinder its ability to conduct thorough investigations and provide timely responses to human rights violations.

To enhance the effectiveness of the SHRC, several measures can be taken. First, granting the SHRC more financial and human resources would allow it to function more efficiently. Second, making its recommendations legally binding, or at least ensuring stronger mechanisms for their implementation, could increase its impact. Finally, increasing public awareness about human rights and the role of the SHRC could encourage more people to report violations, leading to better protection of human rights at the state level.

Q3: How does the State Human Rights Commission contribute to the protection of marginalized communities?

Answer: The State Human Rights Commission (SHRC) plays a crucial role in protecting the rights of marginalized communities, such as scheduled castes, scheduled tribes, women, and minorities. By investigating cases of discrimination, violence, and exploitation, the SHRC ensures that marginalized groups have access to justice. It also works closely with civil society organizations to address systemic issues that lead to human rights abuses against these communities.

The SHRC can intervene in ongoing legal proceedings and recommend measures to prevent further violations. It also conducts studies and prepares reports on the status of human rights in the state, providing valuable insights into the challenges faced by marginalized communities. Through awareness campaigns, the SHRC helps educate the public about the rights of these groups, promoting a more inclusive society.

Previous Year Questions on State Human Rights Commission

1. UPSC CSE Prelims 2017:

Question: Which of the following bodies can investigate human rights violations in India?

A) National Human Rights Commission
B) State Human Rights Commission
C) Both A and B
D) Neither A nor B

Answer: C

Explanation: Both the National Human Rights Commission (NHRC) and the State Human Rights Commission (SHRC) have the authority to investigate human rights violations. While the NH RC operates at the national level, the SHRC focuses on violations occurring at the state level.

2. UPSC CSE Mains 2020 (GS Paper 2):

Question: "The effectiveness of the State Human Rights Commission is often limited by its lack of enforcement powers." Discuss with reference to its role in protecting human rights.

Answer: The SHRC's role in protecting human rights is crucial but is limited by its inability to enforce its recommendations. Although the SHRC can investigate and recommend corrective actions, it cannot impose penalties or ensure compliance with its recommendations. This limits its effectiveness, especially in cases where the government is slow to act or dismisses the SHRC’s suggestions. Strengthening the legal framework surrounding the SHRC’s powers and ensuring that its recommendations are given greater weight would help enhance its role in human rights protection.