State Human Rights Commission
- Establishment
- It is a statutory body by Protection of Human Rights Act 1993
- Influence only for State, only on subjects in State and Concurrent List
- It is a watchdog of Human rights, rights relating to life, liberty, equality, dignity of individual guaranteed by Constitution
- Embodied in the International Covenants and Enforceable by courts
- If NHRC is already inquiring any matter then SHRC can’t intervene
- Objectives
- Strengthen the Institutional arrangements through which human rights issues could be address in their entirely in more focussed manner
- To look into allegations of excesses, independently of the government, in manner that would underline the Government’s commitment to protect human rights
- To compliment and strengthen the efforts that have already been made in this directions
- Composition
- Chairman : Retired CJ of HC
- 2 members
- Serving or Retired judges of HC or Retired Judge with 7 years experience
- Special knowledge or Practical Experience with Human Rights
- Term
- Chairman and other members hold the office for 5 years or until they attain age of 70 years
- Chairman and other members are not eligible for further employment under Central or State Government
- Appointment
- By Governor on recommendation of CM, State Home Minister, Speaker of LA, Chairman of Council, Leader of Opposition of both Houses
- Sitting Judges of HC or Sitting District Judge can be appointed only after consultation of CJ of HC
- Removal
- President can remove the Chairman or any other member as follow
- If he is adjudged an insolvent
- If he engages in any paid employment outside the duties of office
- If he is unfit to continue in opinion of President
- Misbehaviour (Interested or Participation in Government Contract)
- Case referred to SC
- Till then President can suspend
- Working
- It has all the power of civil courts and its proceedings have judicial character
- May call for information or report from State Government
- Has its own nucleus of investigating staff
- Empowered to utilise the service of any officer of State Government
- Effective cooperation of NGO
- Not empowered to inquire after 1 year of Act
- Power
- May recommend compensations to victim
- May recommend initiation of proceedings for prosecution
- May recommend for grants for relief of victim
- Approach SC or HC for necessary direction
- Role
- Recommendatory in Nature
- No power to punish
- Not to award any relief including Monetary relief
- Not binding on Government
- But should be informed within one month
- It have great material authority so recommendations can’t wash away easily
- Annual report to State Government
Human Rights Court
- Protection of Human Rights Act 1993 provides for establishment of Human rights court in every district for speedy trail of violations
- Courts can be setup by State Government only with concurrence of CJ of HC
- State Government specifies a public prosecutor or appoints an advocate with practice of 7 years as special prosecutor