State Human Rights Commission (SHRC) 

Introduction

• Statutory body established under Protection of Human Rights Act (PHRA), 1993.
• Not a constitutional body.
• Safeguards rights related to life, liberty, equality, and dignity within a state.
• HQ is notified by the respective State Government.
  

What are Human Rights?

• As per UN, human rights are universal, inalienable, and indivisible.
• Examples: Right to life, freedom from slavery, expression, work, and education.
• Human Rights Day: Celebrated annually on 10th December.
  

Objectives of SHRC

1. Strengthen institutional mechanisms to address human rights.
2. Independently investigate allegations of excesses.
3. Complement Central efforts on human rights.
   

Composition of SHRC

• • Chairperson: Retired CJ or Judge of a High Court.

• Two Members:

• • 1st: Serving/retired High Court Judge or District Judge with 7+ years’ experience.
  • 2nd: Expert in human rights field.
    

Appointment Process

• Appointed by Governor on recommendation of a committee:
  • Chief Minister (Chair)
  • Speaker of Legislative Assembly
  • Chairperson of Legislative Council (if exists)
  • Leaders of Opposition (LA & LC)
  • State Home Minister
• Consultation with Chief Justice of HC needed for appointing sitting judges.
  

Term and Service

• Tenure: 3 years or till age 70 (whichever is earlier).
• Reappointment allowed, but no further govt employment after tenure.
• Salaries/service conditions fixed by State Govt; cannot be reduced post-appointment.
  

Removal

• Only President can remove members (despite being appointed by Governor).
• Grounds: Insolvency, infirmity, conviction, misbehavior, paid employment, etc.
• Inquiry conducted by the Supreme Court on President’s reference.
  

Jurisdiction

• Can investigate State List and Concurrent List matters.
• Cannot inquire if:
  • Case is handled by NHRC or another statutory body.
  • Complaint is over 1 year old.
• Can act in Union Territories (except Delhi) if authorized by Centre.
  

Functions of SHRC

1. Inquire into human rights violations (suo motu, petition, or court referral).
2. Intervene in court cases with human rights allegations.
3. Inspect jails, detention centres and recommend improvements.
4. Review safeguards and suggest improvements.
5. Study factors like terrorism that inhibit human rights.
6. Study international HR instruments and treaties.
7. Conduct/promote research in human rights.
8. Spread human rights literacy and public awareness.
9. Encourage NGOs and institutions in human rights advocacy.
10. Undertake any additional HR-related work.
    

Powers of SHRC

• Powers of a Civil Court (summons, evidence, records, etc.).
• Can call for information from government/state agencies.
• Recommendations may include:
  • Compensation
  • Prosecution of violators
  • Interim relief
  • Court directions
• No powers after 1 year from incident date.
  

Nature of Powers

• Recommendatory in nature; not binding.
• State govt must inform SHRC of action taken within 1 month.
  

Reporting Mechanism

• SHRC submits annual/special reports to the State Government.
• Reports laid before State Legislature along with action-taken memos.
  

Issues Addressed by SHRC

• Arbitrary arrests
• Custodial deaths
• Child labour
• Violence against women/children
• Extra-judicial killings
• LGBTQ+ rights
• SC/ST and disabled rights
• Labour and work-related rights
• Displacement due to conflict
• Manual scavenging
  

Human Rights Courts

• PHRA 1993 provides for HR Courts in every district for speedy trials.
• Can be established by State Govt with HC Chief Justice’s concurrence.
• Special public prosecutors appointed for these courts.
  

Challenges of SHRC

1. No enforcement power; recommendations not binding.
2. Resource constraints: funds, staff, infrastructure.
3. Low public awareness → underreporting.
4. Political interference → affects impartiality.
5. Case backlog due to overload.
6. Complexity of violations needs expert handling.
7. Outdated legal framework → not aligned with evolving issues.

Way Forward

1. Ensure independence from political interference.
2. Enhance funding, staff strength, and infrastructure.
3. Conduct mass awareness campaigns.
4. Focus on training and capacity building of staff.
5. Legal reform for more authority and expanded jurisdiction.
6. Partnerships with NGOs and civil society.
7. Improve transparency via public reports.
8. Ensure accessibility for marginalized groups.
   

Conclusion

• SHRCs are critical for grassroots human rights protection.
• Their effectiveness depends on autonomy, resources, and public trust.
• Strengthening SHRCs will reinforce India’s democratic and constitutional values.