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say that the commission is powerless. It enjoys great material
authority and no government can ignore its recommendation’.
Moreover, the commission has limited role, powers and
jurisdiction with respect to the violation of human rights by the
members of the armed forces6. In this sphere, the commission
may seek a report from the Central government and make its
recommendations. The Central government should inform the
Commission of the action taken on the recommendations within
three months.
The commission submits its annual or special reports to the
Central government and to the state government concerned.
These reports are laid before the respective legislatures, along
with a memorandum of action taken on the recommendations of
the commission and the reasons for non-acceptance of any of
such recommendations.
PERFORMANCE OF THE COMMISSION
The various human rights issues taken up by the Commission are
as follows:
1. Abolition of Bonded Labour
2. Functioning of the Mental Hospitals at Ranchi, Agra and
Gwalior
3. Functioning of the Government Protective Home (Women),
Agra
4. Issues Concerning Right to Food
5. Review of the Child Marriage Restraint Act, 1929
6. Protocols to the Convention on the Rights of the Child
7. Preventing Employment of Children by Government
Servants: Amendment of Service Rules
8. Abolition of Child Labour
9. Guidebook for the Media on Sexual Violence against
Children
10. Trafficking in Women and Children: Manual for the Judiciary
for Gender Sensitisation
11. Sensitisation Programme on Prevention of Sex Tourism and
Trafficking
12. Maternal Anemia and Human Rights
13. Rehabilitation of Destitute Women in Vrindavan
14. Combating Sexual Harassment of Women at the Work
Place
15. Harassment of Women Passengers in Trains
16. Abolition of Manual Scavenging
17. Dalits Issues including Atrocities Perpetrated on them
18. Problems Faced by Denotified and Nomadic Tribes
19. Rights of the Disabled Persons
20. Issues Related to Right to Health
21. Rights of Persons Affected by HIV / AIDS
22. Relief Work for the Victims of 1999 Orissa Cyclone
23. Monitoring of Relief Measures undertaken after Gujarat
Earthquake (2001)
24. District Complaints Authority
25. Population Policy - Development and Human Rights
26. Review of Statutes, including Terrorist & Disruptive Activities
Act, and (Draft) Prevention of Terrorism Bill, 2000
27. Protection of Human Rights in Areas of Insurgency and
Terrorism
28. Guidelines to Check Misuse of the Power of Arrest by the
Police
29. Setting up of Human Rights Cells in the State / City Police
Headquarters
30. Steps to Check Custodial Deaths, Rape and Torture
31. Accession to the Convention against Torture, Additional
Protocols to the Geneva Conventions.
32. Discussion on Adoption of a Refugee Law for the Country
33. Systemic Reforms of Police, Prisons and other Centers of
Detention
34. Review of Laws, Implementation of Treaties, and the
International Instruments on Human Rights
35. Promotion of Human Rights Literacy and Awareness in the
Educational System
36. Human Rights Training for the Armed Forces and Police,
Public Authorities and Civil Society
37. Action Research on Trafficking.
38. Research through well-known academic institutions and
NGOs on various issues relating to human rights.
39. Constitution with NGOs and experts / specialists on human
rights issues.
NOTES AND REFERENCES
1. The president promulgated the Protection of Human
Rights Ordinance on September 28, 1993.
Subsequently, the Protection of Human Rights Bill,
1993, was passed by both the Houses of Parliament
and received the assent of the President on January 8,
1994. The act came into force with retrospective effect
from September 28, 1993.
2. ‘International covenants’ means the International
Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and
Cultural Rights adopted by the General Assembly of the
United Nations on December 16, 1966 and such other
Covenant or Convention adopted by the General
Assembly of the UN as the Central Government may
specify. The Indian government acceded to these two
International Covenants on April 10 1979.
3. T.K. Thommen, ‘Human Rights Commission’, Cochin
University Law Review, Vol. XVII, nos. 1 and 2, March-
June 1993, p. 67–68.
4. A.M. Ahmadi Committee set up by the Commission
recommended that the Commission should be
empowered to inquire into any matter after the expiry of
one year, if there is sufficient reason for not filing the
complaint within the said period.
5. Justice V.S. Malimath, ‘Role of Human Rights
Commission’, Human Rights in India: Problems and
Perspectives, B.P. Singh Sehgal (ed.), Deep
Publications, 1995, p. 17–20.
6. Under the Act, ‘armed forces’ means the naval, military
and air forces and includes any other armed forces of
the Union. A.M. Ahmadi Committee set up by the
commission recommended that the definition of the
‘armed forces’ should be changed in a way that it
includes only navy, army and air force, not para-military
56 State Human Rights Commission
T
he Protection of Human Rights Act of 1993 provides for the
creation of not only the National Human Rights
Commission but also a State Human Rights Commission at
the state level1. Accordingly, twenty six states have constituted the
State Human Rights Commissions through Official Gazette
Notifications2 .
A State Human Rights Commission can inquire into violation of
human rights only in respect of subjects mentioned in the State
List (List-II) and the Concurrent List (List-III) of the Seventh
Schedule of the Constitution. However, if any such case is already
being inquired into by the National Human Rights Commission or
any other Statutory Commission, then the State Human Rights
Commission does not inquire into that case.
The central government may confer upon the State Human
Rights Commissions the functions relating to human rights being
discharged by the union territories, except the union territory of
Delhi. The functions relating to human rights in case of union
territory of Delhi are to be dealt with by the National Human Rights
Commission.
COMPOSITION OF THE COMMISSION
The State Human Rights Commission is a multi-member body
consisting of a chairperson and two members3. The chairperson
should be a retired Chief Justice or a Judge of a High Court and
members should be a serving or retired judge of a High Court or a
District Judge in the state with a minimum of seven years
experience as District Judge and a person having knowledge or
practical experience with respect to human rights.
The chairperson and members are appointed by the Governor
on the recommendations of a committee consisting of the chief
minister as its head, the speaker of the Legislative Assembly, the
state home minister and the leader of the opposition in the
Legislative Assembly. In the case of a state having Legislative
Council, the chairman of the Council and the leader of the
opposition in the Council would also be the members of the
committee. Further, a sitting judge of a High Court or a sitting
District Judge can be appointed only after consultation with the
Chief Justice of the High Court of the concerned state.
The chairperson and members hold office for a term of three
years or until they attain the age of 70 years, whichever is earlier.
They are elligible for re-appointment. After their tenure, the
chairperson and members are not eligible for further employment
under a state government or the Central government.
Although the chairperson and members of a State Human
Rights Commission are appointed by the governor, they can be
removed only by the President (and not by the governor). The
President can remove them on the same grounds and in the same
manner as he can remove the chairperson or a member of the
National Human Rights Commission. Thus, he can remove the
chairperson or a member under the following circumstances:
(a) If he is adjudged an insolvent; or
(b) If he engages, during his term of office, in any paid
employment outside the duties of his office; or
(d) If he is of unsound mind and stands so declared by a
competent court; or
(e) If he is convicted and sentenced to imprisonment for an
offence.
In addition to these, the president can also remove the
chairperson or a member on the ground of 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
so, then the President can remove the chairperson or a member.
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.
All the above provisions are aimed at securing autonomy,
FUNCTIONS OF THE COMMISSION
The functions of the Commission are:
(a) To inquire into any violation of human rights or negligence in
the prevention of such violation by a public servant, either
suo motu or on a petition presented to it or on an order of a
court.
(b) To intervene in any proceeding involving allegation of
violation of human rights pending before a court.
(c) To visit jails and detention places to study the living
conditions of inmates and make recommendation thereon.
(d) To review the constitutional and other legal safeguards for
the protection of human rights and recommend measures for
their effective implementation.
(e) To review the factors including acts of terrorism that inhibit
the enjoyment of human rights and recommend remedial
measures.
(f) To undertake and promote research in the field of human
rights.
(g) To spread human rights literacy among the people and
promote awareness of the safeguards available for the
protection of these rights.
(h) To encourage the efforts of non-governmental organizations
(NGOs) working in the field of human rights.
(i) To undertake such other functions as it may consider
WORKING OF THE 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 thereto.
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:
(a) it may recommend to the state government or authority to
make payment of compensation or damages to the victim;
(b) it may recommend to the state government or authority the
initiation of proceedings for prosecution or any other action
against the guilty public servant;
(c) it may recommend to the state government or authority for
the grant of immediate interim relief to the victim;
(d) it may approach the Supreme Court or the state high court
for the necessary directions, orders or writs.
From the above, it is clear that the functions of the commission
are mainly recommendatory in nature. It has no power to punish
the violators of human rights, nor to award any relief including
monetary relief to the victim. Notably, its recommendations are not
binding on the state government or authority. But, it should be
informed about the action taken on its recommendations within
one month.
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 recommendations4 .
HUMAN RIGHTS COURTS
The Protection of Human Rights Act (1993) also provides for the
establishment of 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 concurrence 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
2019 AMENDMENT ACT
The various provisions or features of the Protection of Human
Rights (Amendment) Act, 2019, are as follows:
1. It provided that a person who has been a judge of the
Supreme Court is also made eligible to be appointed as
Chairperson of the National Human Rights Commission (in
addition to the person who has been the Chief Justice of
India).
2. It increased the number of members of the National Human
Rights Commission (who are to be appointed from amongst
persons having knowledge or practical experience with
respect to human rights) from two to three out of which at
least one has to be a woman.
3. It made the chairpersons of the National Commission for
BCs and the National Commission for Protection of Child
Rights as well as the Chief Commissioner for Persons with
Disabilities as the exofficio members of the National Human
Rights Commission.
4. It reduced the term of the chairperson of members of the
National Human Rights Commission as well as the State
Human Rights Commission from five to three years. It also
made them eligible for re-appointment.
5. It provided that a person who has been a judge of a High
Court is also made eligible to be appointed as Chairperson
of the State Human Rights Commission (in addition to the
person who has been the Chief Justice of a High Court).
6. It provided that the central government may confer upon the
State Human Rights Commissions the functions relating to
human rights being discharged by the union territories,
except the union territory of Delhi. The functions relating to
human rights in case of union territory of Delhi are to be
dealt with by the National Human Rights Commission.
7. It provided that the Secretary-General of the National
Human Rights Commission shall exercise all administrative
and financial powers (except judicial functions and the power
to make regulations), subject to control of the chairperson.
8. It provided that the Secretary of the State Human Rights
Commission shall exercise all administrative and financial
powers of the Commission, subject to control of the
chairperson.
NOTES AND REFERENCES
1. The Headquarters of the State Human Rights
Commission shall be at such place as the state
government may, by notification, specify.
2. These are (in 2019): Assam, Andhra Pradesh,
Telangana (combined Commission for Andhra Pradesh
and Telangana), Bihar, Chhattisgarh, Gujarat, Goa,
Himachal Pradesh, Jammu and Kashmir, Kerala,
Karnataka, Madhya Pradesh, Maharashtra, Manipur,
Odisha, Punjab, Rajasthan, Tamil Nadu, Uttar Pradesh,
West Bengal, Jharkhand, Sikkim, Uttarakhand,
Haryana, Tripura and Meghalaya.
3. The 2006 Amendment reduced the number of members
of State Human Rights Commission from five to three