State Human Rights Commission

The State Human Rights Commission is responsible for safeguarding human rights and investigating any
violations that occur within their jurisdiction (Indian constitution's seventh schedule's state list and concurrent
list).

Historical Background

 The Protection of Human Rights Act of 1993 establishes a NATIONAL HUMAN RIGHTS

COMMISSION as well as a State Human Rights Commission at the state level.
 State Human Rights Commissions have been established in 26 states by Official Gazette
Notifications.
 Only the issues listed in the State List (List-II) and the Concurrent List (List-III) of the
Constitution's Seventh Schedule are subject to investigation by a State Human Rights Commission.
 If a case is already being investigated by the National Human Rights Commission or another statutory
commission, the State Human Rights Commission will not investigate it.

Composition

 The SHRC is a multi-member body consisting of a chairman and two members. 

 The chairman should be a retired Chief Justice or a Judge of a High Court and
 members should be serving or retired judge of HC or district judge with minimum 7 years’
experience as District Judge and
 a person of knowledge or practical experience in the field of human rights.

The Chairperson and members of the SHRC are appointed by the Governor, on the
recommendation of a committee consisting of:

 The Chief Minister (chairperson)

 The Speaker of the legislative assembly
 The Chairman of the legislative council
 The Home Minister
 The Leader of the Opposition in the legislative council
 The Leader of the Opposition in the legislative assembly

A sitting judge of HC or sitting district judge can be appointed only after recommendations of CJ
of high court.

Members are ineligible for any appointment in the federal or state government once they leave office. Members
are eligible for reappointment if they meet certain age requirements. 

Term:

The chairperson and members hold office for a term of three years or until they attain the age of 70 years,
whichever comes first.

 Although the chairperson and members of a State Human Rights Commission are appointed by the
governor, they can only be removed by the President (and not by the Governor).

Process of Removal
Removal is done by the president on grounds of bankruptcy, unsound mind, infirmity of body or mind,
sentenced to imprisonment for a crime, or engaged in paid employment. == Same as NHRC===a-e

He can also be removed for proved misbehaviour 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, then the president can remove the chairman or a member. They can resign by writing to
the governor.

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.

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 suo motu or on a petition presented to it or on an order of a court.
 To intervene in any proceedings, involve allegations of violation of human rights pending before a
court.
 To visit jails and detention places to study the living condition of inmates and make
recommendations thereon.
 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 recommend remedial measures.
 To undertake and promote research in the field of human rights.
 To spread human rights literacy among the people and promote awareness of the safeguards available
for the protection of these rights.
 Encourage the efforts of non-Governmental organizations and institutions working in the field of
human rights.
 Undertake such other functions as it may consider necessary for the promotion of human rights.

Working of the States Human Rights Commission

The Commission is vested with the power to regulate its own procedure.
It has all the powers of a civil court and its proceedings have a judicial character.
It may call for information or report from the state government or any other authority subordinate hitherto.

The Commission is not empowered to inquire into any matter after the expiry of one year from the date on
which the act constituting violation of human rights is alleged to have been committed. In other words, it can
look into a matter within one year of its occurrence.

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

 It may recommend the state government or authority to make payment of compensation or damages to
the victim.
 It may recommend to the state government or authority the initiation of proceedings for prosecution or
any other action against the state government.
 It may recommend the state government or authority for the grant of immediate interim relief to the
victim.
 It may approach the Supreme Court or state high court for the necessary direction, order or writs.

The Commission submits its annual or special reports to the state government. These reports are laid before the
state legislature, along with a memorandum of action taken on the recommendations of the Commission and the
reasons for non-acceptance of any of such recommendations.

Limitations
The commission has the power of a civil court and can take cognizance of cases if received within one year
of occurrence.

It can recommend compensation to victim, prosecution of accused. But such recommendations aren’t
binding.

It submits special or annual reports to state legislatures along with action taken on their recommendations
and reasons for non-acceptance of advice.

The State Human Rights Commission has minimal authority and only serves as an advisory body. The
commission lacks the authority to prosecute / punish human rights offenders. It is also unable to provide any
type of remedy to the victim, including monetary redress.

The State Human Rights Commission's recommendations are not binding on the state government or
authority, but it should be informed within one month of any action taken in response to them.

The Central Government may confer upon the State Human Rights Commissions the functions relating to
Human Rights except the Union Territory of Delhi. Such functions for New Delhi are dealt by the National
Human Rights Commission.
Conclusion

There is a requirement to increase the powers of the State Human Rights Commission. This could be increased
in various ways in delivering justice to the victims. The commission should be empowered to provide interim
and immediate relief including monetary relief to the victim. The panel should also have the authority to punish
human rights abusers, which might serve as a deterrence to future violations. The state government's
interference in the work of the commission should be kept to a minimum, as it has the potential to impact the
panel's work.

Human Rights Courts

The Protection of Human Rights Act (1993) also provides for the establishment of a Human Rights Court in
every district for the speedy trial of violation of human rights. These courts can be set up by the state
government only with the occurrence of the Chief Justice of the High Court of that state. For every Human
Rights Court, the state government specifies a public prosecutor or appoints an advocate (who has practiced for
7 years) as a special prosecutor)

FAQs

Question: What is the composition of the committee which recommends the governor for the appointment
of Chairperson and members of the SHRC?

Question: What are the limitations of SHRC?

Question: What are the grounds of removal for SHRC?

UPSC Mains Practice Question:

1. Discuss the mandate, constitution and performance of the State Human Rights Commission.

MCQs

Question: A member of a State Human Rights Commission holds office for:

(a) 5 years or until the age of 70 years, whichever is earlier.

(b) 5 years or until the age of 65 years, whichever is earlier.
(c) 6 years or until the age of 70 years, whichever is earlier.
(d) 6 years or until the age of 65 years, whichever is earlier.
Answer: (a) See the explanation

Question: Who among the following can be the chairperson of a State Human Rights Commission 

(a) Only a retired Chief Justice of India

(b) Any serving judge of the Supreme Court
(c) Any serving judge of a High Court
(d) Only a retired Chief Justice of a High Court
Answer: (b) See the explanation

Q1:SHRC is a

constitutional body

statutory body

parliamentary body

executive body
Q2:SHRC examines

violation of human rights in respect of matters specified in state list and concurrent list. 

if NHRC or any other statutory commission has already inquired then the SHRC doesn’t investigate into it.

both

none
Q3:The Chairperson and members of the SHRC are appointed by the

UPSC

President

Governor

CM
Q4: Removal of SHRC members is done by

UPSC

High court

President

Governor
Q5:Which is true regarding the SHRC

The commission has the power of a civil court and can take cognizance of cases if received within one year
of occurrence. 

It can recommend compensation to victim, prosecution of accused. But such recommendations aren’t
binding. 

It submits special or annual reports to state legislatures along with action taken on their recommendations
and reasons for non acceptance of advice.

All
Andhra Pradesh State Human Rights Commission
Feb 17, 2021
VISAKHAPATNAM: The seven-year-long wait for Andhra Pradesh State Human Rights Commission (SHRC) is
set to end with the body now scheduled to be reconstituted by March 22. This, following the orders of the Andhra
Pradesh high court.
The state did not have an SHRC since bifurcation in 2014 with the previous body being located in Hyderabad. While
it is yet to be confirmed if the commission will be set up in Vijayawada or Visakhapatnam, the legal fraternity, civil
society groups and NGOs from north coastal AP want the SHRC to be set up in Visakhapatnam.

In October 2019, the high court had ordered the relocation of SHRC in Andhra Pradesh within four
months. However, when it failed to materialise, a contempt petition was moved by the AP Civil Liberties
Association.
The high court, on Monday, again ordered the advocate general to explore the immediate possibility of
reconstituting the state human rights commission without delay before March 22 failing which would result in
contempt action.

Andhra Pradesh State Human Rights Commission temporary office was inaugrated in Kurnool in September'21.
[5][6]

Email: apshrc.kurnool@gmail.com

Address: 

A.P. State Guest House, Room no.- 1,2 & 4, Dharmapeta, Kurnool - 518004
Chairperson: Sri Justice Mandhata Seetharama Murti