Prime Minister of India in Kannada for UPSC | ಭಾರತದ ಪ್ರಧಾನ ಮಂತ್ರಿ

 

State Human Rights Commission (SHRC) - Simplified Explanation

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🏛️ 1. Establishment of the SHRC

• The Protection of Human Rights Act, 1993 provides for setting up not only the National Human Rights Commission (NHRC) but also State Human Rights Commissions (SHRCs) at the state level.
• As of now, 26 states in India have established SHRCs through official government notifications.
• Jurisdiction: SHRCs can investigate human rights violations related to subjects listed in:
  • State List (List II) – Covers areas like police, public health, etc.
  • Concurrent List (List III) – Includes criminal law, social security, etc.

🚫 Important Rule:
If the NHRC or any other Statutory Commission is already investigating a case, the SHRC cannot take it up again.

• Union Territories:
  • The NHRC handles human rights issues in the Union Territory of Delhi.
  • For other Union Territories, the Central Government can assign these functions to the respective SHRC.

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👥 2. Composition of the SHRC

The State Human Rights Commission is a three-member body:

1. Chairperson:
   • Must be a retired Chief Justice or Judge of a High Court.
2. Two Members:
   • One should be a serving or retired High Court Judge or a District Judge with at least 7 years of experience.
   • The other must be a person with knowledge or practical experience in human rights matters.

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👑 3. Appointment Process

• Appointing Authority: The Governor of the state appoints the Chairperson and Members.
• Recommendation Committee:
  • Chief Minister (Head of the committee)
  • Speaker of the Legislative Assembly
  • State Home Minister
  • Leader of the Opposition in the Legislative Assembly
  • If the state has a Legislative Council, then:
    • Chairman of the Council
    • Leader of the Opposition in the Council
• Judicial Consultation:
  • If appointing a sitting High Court Judge or District Judge, the Governor must consult the Chief Justice of the concerned High Court.

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⏳ 4. Tenure of Office

• Term: 3 years or until they reach the age of 70 years, whichever comes first.
• Reappointment: They can be reappointed after their term.
• Post-Tenure Employment: After serving, they cannot hold any government job (either state or central government).

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⚖️ 5. Removal Process

Although appointed by the Governor, the President of India has the sole authority to remove SHRC members.
Grounds for Removal: (Same as NHRC)

1. Insolvency (declared bankrupt)
2. Engaging in paid employment outside official duties
3. Mental or physical incapacity
4. Declared of unsound mind by a competent court
5. Conviction and imprisonment for any criminal offense

• For cases of misbehavior or incapacity, the matter is referred to the Supreme Court for an inquiry.
• If the Supreme Court advises removal after the inquiry, the President can remove the Chairperson or Member.

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💰 6. Salary and Service Conditions

• Decided by the State Government.
• Protection Clause: Salaries, allowances, and service conditions cannot be changed to the disadvantage of the Chairperson or members after their appointment.

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🎯 7. Key Takeaways

• SHRCs function independently to protect human rights at the state level.
• Their structure ensures autonomy, with strict rules for appointment, tenure, and removal.
• Even though the Governor appoints them, the President has the authority to remove them, adding a layer of security to prevent misuse of power.

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Functions of the State Human Rights Commission (SHRC)

The SHRC is responsible for protecting and promoting human rights. Its key functions are:

A. Inquiry and Investigation

• 🔍 Investigate Human Rights Violations:

• Can investigate violations of human rights or negligence by public servants.
• This can be done:
• Suo Motu (on its own)
• Based on a petition by someone
• On an order from a court

Here's example of a suo motu action in India:

In 2020, the Supreme Court of India took suo motu cognizance of the migrant workers' crisis during the COVID-19 lockdown. The sudden lockdown left millions of migrant workers stranded without work, food, or transportation to return to their hometowns. Recognizing the urgency of the situation, the Supreme Court initiated action on its own and directed the government to provide adequate facilities and support to the stranded workers. The Court also sought detailed reports on measures being taken to address the crisis.

This is an example of how the court used its suo motu powers to address a significant issue and ensure the protection of vulnerable populations during a national emergency.

• ⚖️ Intervene in Court Cases:

  • If a case about human rights violations is already in court, the SHRC can step in to assist.

B. Monitoring Institutions

• 🚔 Visit Jails & Detention Centers:
  • To inspect living conditions of inmates and give recommendations to improve them.

C. Legal and Policy Review

• 📜 Review Legal Safeguards:
  • Check if laws and constitutional safeguards are effective in protecting human rights.
  • Recommend changes if needed.
• 🛡️ Address Barriers to Human Rights:
  • Review factors like terrorism that affect human rights and suggest remedial measures.

D. Research & Awareness

• 📚 Promote Research:
  • Encourage studies related to human rights issues.
• 📢 Spread Awareness:
  • Educate people about human rights and available safeguards.

E. Support NGOs

• 🤝 Collaborate with NGOs:
  • Encourage and support organizations working for human rights.

F. Other Functions

• 🔑 Take Necessary Actions:
  • Perform any other tasks it deems necessary to promote and protect human rights.

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Working of the Commission

The SHRC works with judicial powers to handle complaints effectively.

A. Powers and Procedures

• 📑 Regulates Its Own Procedure:
  • The SHRC has the freedom to set its own rules for how it works.
• ⚖️ Powers of a Civil Court:
  • Can summon people, demand documents, and conduct inquiries like a court.
• 🗂️ Access to Information:
  • Can ask for reports from the state government or other authorities.

B. Time Limit for Inquiry

• ⏳ One-Year Rule:
  • The SHRC cannot investigate cases older than one year from the date the violation occurred.

C. Actions After Inquiry

After completing an inquiry, the SHRC can:

1. 💸 Recommend Compensation: Ask the government to compensate the victim.
2. 🚨 Prosecute Offenders: Recommend starting legal action against the guilty public servant.
3. 🆘 Interim Relief: Suggest immediate help for the victim (like emergency support).
4. 🏛️ Approach Higher Courts: Go to the Supreme Court or High Court for orders or directions.

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Nature of SHRC’s Powers

• 📋 Advisory Role:

  • The SHRC’s decisions are mostly recommendations.
  • It cannot punish violators or enforce its decisions.

• 🚫 Non-Binding Recommendations:

  • The government is not legally required to follow SHRC’s recommendations.
  • However, the government must inform SHRC about the actions taken within one month.

• 📊 Annual Reports:

  • SHRC submits annual/special reports to the state government.
  • These are presented in the state legislature, along with:
    • Actions taken on SHRC’s suggestions
    • Reasons if recommendations were not accepted

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Human Rights Courts ⚖️

The Protection of Human Rights Act, 1993 allows the creation of Human Rights Courts in every district for speedy trials related to human rights violations.

Key Features:

• 🏛️ Setup by State Government:

  • A Human Rights Court can be established only with the approval of the Chief Justice of the High Court of the state.

• 👩‍⚖️ Appointment of Prosecutors:

  • The state appoints a Public Prosecutor or an Advocate (with 7+ years of experience) as a Special Public Prosecutor to handle human rights cases.

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Protection of Human Rights (Amendment) Act, 2019 

The 2019 Amendment brought key changes to the Protection of Human Rights Act, 1993 to make the National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs) more inclusive, efficient, and flexible.

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✅ Key Changes Introduced by the 2019 Amendment

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1️⃣ Eligibility for NHRC Chairperson

• Before: Only a person who had been the Chief Justice of India (CJI) could become the Chairperson of NHRC.
• After Amendment: Now, even a former Supreme Court Judge can be appointed as the Chairperson of NHRC, making the eligibility criteria broader.

📌 Why Important?
This makes it easier to fill the position without waiting for a former CJI, ensuring continuity in leadership.

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2️⃣ Increased Members in NHRC

• Before: NHRC had 2 members with expertise in human rights.
• After Amendment: The number increased to 3 members, and at least one must be a woman.

📌 Why Important?
This promotes gender representation and ensures a diverse set of perspectives in handling human rights issues.

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3️⃣ New Ex-Officio Members in NHRC

Now, the following heads of national commissions are made ex-officio members of NHRC (they are automatically part of NHRC because of their position):

• Chairperson of the National Commission for Backward Classes (NCBC)
• Chairperson of the National Commission for Protection of Child Rights (NCPCR)
• Chief Commissioner for Persons with Disabilities (CCPD)

📌 Why Important?
This strengthens coordination between NHRC and other important human rights bodies.

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4️⃣ Reduction in Term of Office

• Before: The Chairpersons and Members of both NHRC and SHRC had a 5-year term.
• After Amendment: The term is now 3 years, but they are eligible for re-appointment.

📌 Why Important?
A shorter term allows for frequent changes, bringing in new ideas and ensuring greater accountability.

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5️⃣ Eligibility for SHRC Chairperson

• Before: Only a person who had been the Chief Justice of a High Court could become the Chairperson of SHRC.
• After Amendment: Now, even a former High Court Judge can be appointed as the Chairperson of SHRC.

📌 Why Important?
This expands the pool of eligible candidates, making it easier to fill the position and avoid vacancies.

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6️⃣ Functions Related to Union Territories (UTs)

• The Central Government can assign the human rights functions of Union Territories (UTs) to the State Human Rights Commissions.
• Exception: For Delhi, human rights issues will still be handled only by the NHRC.

📌 Why Important?
This helps in efficient management of human rights issues in UTs by distributing responsibilities.

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7️⃣ Administrative Powers of NHRC Secretary-General

• The Secretary-General of NHRC can now exercise all administrative and financial powers (except judicial powers and making regulations).
• These powers are under the control of the NHRC Chairperson.

📌 Why Important?
This ensures better administrative efficiency while maintaining checks through the Chairperson’s oversight.

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8️⃣ Administrative Powers of SHRC Secretary

• Similarly, the Secretary of SHRC has been given all administrative and financial powers, under the control of the SHRC Chairperson.

📌 Why Important?
It helps in streamlining administrative work at the state level, making SHRCs function more smoothly.

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📝 Summary of Key Changes:

Aspect	Before 2019	After 2019 Amendment
NHRC Chairperson	Only ex-CJI eligible	Ex-CJI or ex-SC Judge eligible
NHRC Members	2 members	3 members (at least one woman)
Ex-Officio Members (NHRC)	None	Heads of NCBC, NCPCR, CCPD included
Term of Office	5 years	3 years (re-appointment allowed)
SHRC Chairperson	Only ex-CJ of HC eligible	Ex-CJ or ex-HC Judge eligible
UT Human Rights	Handled by NHRC only	SHRCs can handle (except Delhi)
NHRC Secretary-General	Limited powers	Full administrative & financial powers (with checks)
SHRC Secretary	Limited powers	Full administrative & financial powers (with checks)

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🤔 Why These Changes Matter?

• Inclusivity: More people (including women) can now hold key positions.
• Efficiency: Shorter terms, clear roles, and shared responsibilities improve functioning.
• Better Coordination: Inclusion of ex-officio members enhances collaboration with other commissions.

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