State Human Rights Commissions: Local Vigilance on a National Issue

When human rights violations occur at the state level in India, who ensures justice is served? While the National Human Rights Commission operates from Delhi, most violations happen closer to home, in states and districts across the country. This is where State Human Rights Commissions step in, serving as watchdogs for human rights at the grassroots level.

What are State Human Rights Commissions? 🔗

State Human Rights Commissions are statutory bodies established under the Protection of Human Rights Act, 1993. Unlike constitutional bodies, these commissions derive their authority from legislation and function as independent watchdogs of human rights within their respective states. The same law that created the National Human Rights Commission also empowered state governments to establish their own commissions, recognizing that effective human rights protection requires both national oversight and local action.

Currently, 25 states have constituted State Human Rights Commissions to address violations within their jurisdictions. This decentralized approach ensures that citizens have accessible forums to seek redressal without always needing to approach the national commission in Delhi.

How are State Human Rights Commissions structured? 🔗

The composition of State Human Rights Commissions mirrors that of the National Human Rights Commission, adapted to the state context. Each commission consists of a chairperson and two members.

Chairperson qualifications 🔗

The chairperson must be a retired Chief Justice or a judge of a High Court. This requirement ensures the commission benefits from judicial experience and maintains independence in its decision-making.

Member qualifications 🔗

The two members bring diverse expertise to the commission. One member should be a serving or retired High Court judge, or a District Judge with at least seven years of experience as a District Judge. The second member must be someone with knowledge of or practical experience in human rights matters. This mix ensures both legal expertise and practical understanding of human rights issues.

Appointment process 🔗

The Governor appoints the chairperson and members, but not arbitrarily. Appointments are made on the recommendations of a committee consisting of the Chief Minister, the Speaker of the Legislative Assembly, the State Home Minister, the Leader of the Opposition in the Legislative Assembly, and if applicable, the Leader of the Opposition in the Legislative Council.

The chairperson and members hold office for three years or until they attain the age of 70 years, whichever is earlier. Interestingly, while the Governor appoints them, only the President of India can remove them from office, providing an additional layer of protection against political interference.

What powers do State Human Rights Commissions have? 🔗

State Human Rights Commissions possess significant investigative and recommendatory powers, though their jurisdiction is more limited than that of the National Human Rights Commission.

Jurisdictional boundaries 🔗

A State Human Rights Commission can inquire into violation of human rights only in respect of subjects mentioned in the State List and the Concurrent List of the Seventh Schedule of the Constitution. This means they cannot investigate matters that fall under the exclusive domain of the Union government. Additionally, if the National Human Rights Commission or any other statutory commission is already investigating a case, the state commission must step back.

Investigative powers 🔗

State commissions have all the powers of a civil court when conducting inquiries. They can summon witnesses, request documents, and even enter any building or place where violations are alleged to have occurred. The commission can regulate its own procedures and call for information or reports from the state government or any subordinate authority.

Time limitation 🔗

One significant constraint is temporal. The commission cannot inquire into any matter after the expiry of one year from the date on which the act constituting a violation of human rights is alleged to have been committed. This one-year limitation encourages prompt reporting and prevents the commission from being overwhelmed with old cases.

What functions do State Human Rights Commissions perform? 🔗

State Human Rights Commissions perform several critical functions that directly impact the lives of citizens.

Investigating complaints 🔗

The primary function is to inquire into violations of human rights or negligence by public servants. This can happen suo motu (on the commission’s own initiative), on a petition presented to it, or on an order of a court. Citizens can approach the commission directly with their grievances.

Visiting detention facilities 🔗

The commission has the authority to visit jails and detention places to study the living conditions of inmates and make recommendations. These surprise visits often reveal conditions that would otherwise remain hidden from public view.

Intervening in court proceedings 🔗

With court approval, the commission can intervene in any proceedings involving allegations of violation of human rights pending before a court. This allows the commission to bring its expertise to bear on ongoing legal cases.

Reviewing legal safeguards 🔗

Commissions review constitutional and legal safeguards for human rights protection. They examine whether existing laws adequately protect rights and recommend measures for their effective implementation. This proactive function helps prevent violations before they occur.

Promoting awareness 🔗

State commissions spread human rights literacy among the people and promote awareness of available safeguards. Through publications, seminars, and public outreach, they educate citizens about their rights.

What can State Human Rights Commissions recommend? 🔗

After conducting inquiries, State Human Rights Commissions can take several steps, though their recommendations are not legally binding.

The commission may recommend to the concerned government or authority to make payment of compensation or damages to the victim. It can also recommend initiation of proceedings for prosecution or any other action against the guilty public servant.

The commission submits annual and special reports to the state government. These reports are laid before the state legislature, along with a memorandum of action taken on the recommendations and reasons for non-acceptance. This creates public accountability, even if the recommendations themselves are not mandatory.

How do State Human Rights Commissions differ from the National Commission? 🔗

While State Human Rights Commissions operate on similar principles as the National Human Rights Commission, there are important differences beyond jurisdiction.

State commissions are empowered to perform all functions entrusted to the NHRC, but the study of treaties and other international instruments on human rights is excluded from their purview. This remains the exclusive domain of the National Human Rights Commission, which coordinates India’s engagement with international human rights frameworks.

For the Union Territory of Delhi, human rights functions are dealt with by the National Human Rights Commission rather than a separate territorial commission. However, the central government may confer upon State Human Rights Commissions the functions relating to other union territories.

What challenges do State Human Rights Commissions face? 🔗

Despite their important mandate, State Human Rights Commissions face several limitations that affect their effectiveness.

Lack of enforcement power 🔗

State Human Rights Commissions can only make recommendations, without the power to enforce decisions. Governments sometimes reject or only partially comply with these recommendations, reducing the commission’s impact.

Limited investigative capacity 🔗

Many state commissions lack independent investigative staff. They cannot call for information from the national government, which implicitly denies them the power to investigate armed forces under national control. This creates blind spots in human rights protection.

Resource constraints 🔗

Inadequacy of funds hampers the working of many state commissions. Without sufficient resources for staff, infrastructure, and outreach, commissions struggle to fulfill their mandate effectively.

What is the role of Human Rights Courts? 🔗

The Protection of Human Rights Act also provides for specialized courts to support the work of state commissions.

The Act provides for the establishment of a Human Rights Court in every district for the speedy trial of violations. These courts can be set up by the state government only with the concurrence of the Chief Justice of the High Court. For each Human Rights Court, the state government appoints a public prosecutor or an advocate who has practiced for at least seven years.

These specialized courts are meant to ensure that cases arising from commission investigations receive prompt judicial attention, though their establishment has been uneven across states.

Why do State Human Rights Commissions matter? 🔗

State Human Rights Commissions represent a crucial decentralization of human rights protection in India. They bring oversight closer to where violations actually occur, making justice more accessible to ordinary citizens. By investigating complaints, visiting detention facilities, and recommending systemic changes, these commissions create accountability at the state level.

While they face significant challenges, including limited enforcement powers and resource constraints, State Human Rights Commissions have contributed to raising awareness about rights violations and providing a platform for victims to seek redressal. Their work complements the National Human Rights Commission, creating a multi-layered system of human rights protection across India’s diverse states and territories.

What do you think? Should State Human Rights Commissions be given binding enforcement powers to make their recommendations more effective? How can the gap between national and state jurisdiction be better addressed to ensure comprehensive human rights protection?

References

1. https://www.nextias.com/blog/state-human-rights-commission-shrc/
2. https://en.wikipedia.org/wiki/National_Human_Rights_Commission_of_India
3. https://byjus.com/free-ias-prep/state-human-rights-commission/
4. https://blog.ipleaders.in/protection-of-human-rights-act-1993/
5. https://hrlibrary.umn.edu/research/india-hrcommission.html
6. https://indiankanoon.org/doc/1915618/
7. https://www.drishtiias.com/loksabha-rajyasabha-discussions/75-years-laws-that-shaped-india-the-protection-of-human-rights-act-1993