State Human Rights Commission (SHRC)

The State Human Rights Commission (SHRC) is a key statutory body in India, playing a pivotal role in the protection and promotion of human rights at the state level. Established under the Protection of Human Rights Act, 1993, it serves as a watchdog to safeguard human rights related to life, liberty, equality, and dignity, as guaranteed by the Indian Constitution and international agreements. The SHRC operates as an independent entity within the state, advocating for justice and fostering a culture of human rights respect, thus contributing to the democratic framework.

Overview of the SHRC
The SHRC is not a constitutional body but a statutory one, created to oversee human rights issues within the state. It is primarily concerned with protecting the rights of individuals, ensuring adherence to fundamental freedoms, and addressing violations. The Commission’s headquarters is designated by the state government through an official notification.

What are Human Rights?
Every individual is entitled to human rights, which are fundamental freedoms and protections, irrespective of their race, gender, nationality, ethnicity, or religion. These rights include the right to life, liberty, freedom from torture, the right to education and work, and many others. Human Rights Day is celebrated globally on December 10 each year.

Objectives of the SHRC
The primary objectives of the SHRC are:

• To strengthen the institutional mechanisms for addressing human rights issues effectively.
  
• To independently investigate alleged human rights violations, ensuring government accountability.
  
• To complement and enhance existing efforts to protect and promote human rights.
  

Composition of the SHRC
The SHRC is a multi-member body, consisting of:

• A Chairperson
  
• Two other members
  

Qualifications of SHRC Members
The qualifications for the members of the SHRC include:

• Chairperson: A retired Chief Justice or Judge of a High Court
  
• 1st Member: A serving or retired High Court Judge or a District Judge with a minimum of 7 years’ experience
  
• 2nd Member: A person with knowledge or experience in human rights.
  

Appointment of SHRC Members
The Chairperson and members are appointed by the Governor, based on recommendations from a committee comprising:

• The Chief Minister
  
• The Speaker of the Legislative Assembly
  
• The Chairperson of the Legislative Council (if applicable)
  
• The Leader of the Opposition in both the Legislative Assembly and Council (if applicable)
  
• The State Home Minister
  

Term of SHRC Members
The Chairperson and members serve a term of 3 years or until they reach 70 years of age, whichever comes first. The authorities may reappoint them for additional terms, but they cannot seek employment with the government after their tenure.

Removal of SHRC Members
The President of India can remove SHRC members for specific reasons such as insolvency, paid employment outside their duties, infirmity, being declared of unsound mind by a court, or criminal conviction. In cases of misbehavior or incapacity, the relevant authority must refer the matter to the Supreme Court, which will conduct an inquiry before advising removal.

Salaries and Service Conditions
The State Government determines the salaries, allowances, and other conditions of service for the SHRC members. Once appointed, the authorities cannot alter these terms to the disadvantage of the members.

Jurisdiction of SHRC
The SHRC has the authority to inquire into human rights violations only in matters that fall under the State and Concurrent Lists of the Indian Constitution. It does not have jurisdiction over matters being investigated by the National Human Rights Commission (NHRC) or other statutory bodies. The SHRC can also be delegated functions related to human rights in Union Territories, excluding Jammu & Kashmir, Ladakh, and Delhi.

Functions of the SHRC
The SHRC’s main functions include:

• Inquiring into human rights violations or negligence by public servants, either suo motu or based on petitions or court orders.
  
• Intervening in human rights-related cases in courts.
  
• Visiting prisons and detention centers to assess conditions and make recommendations.
  
• Reviewing and suggesting measures to enhance legal safeguards for human rights protection.
  
• Promoting human rights research and spreading awareness among the public.
  
• Supporting NGOs working in the human rights domain.
  
• Encouraging reforms to improve the enjoyment of human rights.
  

Powers of the SHRC
The SHRC has the power to regulate its own procedures and can summon information or reports from the state government or its agencies. It holds civil court powers, and its proceedings are judicial in nature. The SHRC cannot inquire into violations reported after one year of occurrence. Upon completing an inquiry, it can:

• Recommend compensation or damages to the victim.
  
• Suggest prosecution of the responsible public servant.
  
• Request interim relief for the victim.
  
• Approach higher courts for necessary legal orders.
  

Nature of Functions
The SHRC’s functions are primarily recommendatory; it cannot punish violators or provide financial relief to victims. Its recommendations are not binding on the government, though the government must report its actions or reasons for non-compliance within a month.

Reporting by SHRC
The SHRC submits annual or special reports to the state government, which are then presented to the state legislature, along with a memorandum detailing the actions taken on the Commission’s recommendations.

Issues Addressed by SHRC
The SHRC tackles a wide range of human rights issues, including:

• Arbitrary arrests and detentions
  
• Custodial torture
  
• Child labor
  
• Violence and discrimination against women and children
  
• Extrajudicial killings
  
• Sexual violence
  
• Discrimination against the LGBTQ+ community
  
• Rights of SCs/STs, disabled persons, and religious minorities
  
• Labor rights
  
• Manual scavenging
  

Human Rights Courts
Under the Protection of Human Rights Act, the state can establish Human Rights Courts in each district for swift trials of human rights violations. These courts can only be established with the concurrence of the Chief Justice of the High Court, and special public prosecutors are appointed for these courts.

Challenges Faced by SHRC
The SHRC faces several challenges:

• Limited enforcement powers
  
• Resource constraints
  
• Lack of public awareness about its role
  
• Political interference
  
• Case backlogs
  
• The complexity of certain cases, especially involving systemic violations
  

Way Forward
To improve the effectiveness of SHRCs, the following measures are suggested:

• Enhancing independence to avoid political interference.
  
• Increasing resources for staff, funding, and infrastructure.
  
• Conducting public awareness campaigns about human rights and the SHRC’s role.
  
• Providing training and capacity-building for SHRC staff.
  
• Reviewing and updating the legal framework governing SHRCs to strengthen their powers.
  
• Collaborating with civil society organizations.
  
• Promoting transparency and accountability in SHRC operations.
  
• Ensuring access to justice for marginalized communities.
  

Conclusion
The SHRC plays a crucial role in protecting human rights and upholding justice at the state level. To ensure the continued safeguarding of human rights, it is vital to enhance the functioning of the SHRCs through reforms, adequate resources, and greater independence, thus fostering a just and equitable society.