State Human Rights Commission
A statutory body created under the Protection of Human Rights Act of 1993 is the State Human Rights Commission. Only those topics covered under the State List (List-II) and the Concurrent List (List-III) of the Constitution’s Seventh Schedule are subject to investigation by a State Human Rights Commission. In light of this, the State Human Rights Commissions have been established by 26 states via Official Gazette Notifications.
The State Human Rights Commission is an important part of Indian Polity which an important subject in UPSC Syllabus. Students can also go for UPSC Mock Test to get more accuracy in their preparations.
State Human Rights Commission Meaning
The Protection of Human Rights Act of 1993, which also gave rise to the National Human Rights Commission, established the State Human Rights Commission at the state level. The SHRC is tasked with both defending human rights and investigating cases of human rights violations, however it is only permitted to address issues that are covered by List II of the State List and List III of the Concurrent List.
The subjects of the SHRC must be those that are listed in the Indian Constitution’s Seventh Schedule. If necessary, the respective State Governments are given the authority to establish a Human Rights Commission for their own state.
State Human Rights Commission Members
The State Human Rights Commission, or SHRC, is made up of two commissioners and a chairperson. The Governor appoints the members of the State Human Rights Commission. However, the President alone has the power to remove them. The State Human Rights Commission’s chairperson and members are appointed for terms of three years or until they turn 70.
The Tamil Nadu government has enhanced the SHRC Chairperson’s and members’ salaries and allowances by approximately 177%. The members would now receive about Rs 2.25 lakh as opposed to Rs 80,000 per month, while the Chairperson will now earn Rs 2.5 lakh instead of Rs 90,000.
State Human Rights Commission Qualifications
The retired Chief Justice or judge of the High Court must be the SHRC chairman to be eligible. The members will also only be qualified if they have at least seven years of District Judge experience and have served or retired as a High Court Judge or a District Judge.
Additionally, the candidates should have some background in or awareness of human rights. The SHRC chairman and members’ terms in office are for three years or until they turn 70, whichever comes first. Only on the basis of proposals given by a particular Committee of Chief Ministers (chairman of the committee) and the Speaker of the Legislative Assembly is the Governor authorized to designate the Chairman and members of the State Human Rights Commission.
Despite the Chairman and members of the State Human Rights Commission being appointed by the Governor, only the President of India has the authority to terminate their terms.
State Human Rights Commission Functions
The State Human Rights Commission must carry out a number of additional duties in order to accomplish its primary goal, which is to protect human rights. Its duties include investigating any human rights violations in the state in question and taking steps to prevent them from occurring in the case of public employees, arbitrating any ongoing legal disputes involving claims of human rights violations at any given time in the state, and evaluating the living conditions of prisoners and those who have spent time in other detention facilities.
The SHRC promotes increased study and advancement of the field of human rights. The SHRC assesses the issues affecting people’s life and depriving them of their fundamental human rights, and then suggests remedies. It aims to increase people’s understanding of human rights generally and inform them of the different measures they can take to prevent their protection from being violated.
State Human Rights Commission Power
The State Human Rights Commission has full authority to oversee the entire procedure on its own. It conducts judicial procedures in the same manner as a court and has a full range of authority comparable to a civil court. The SHRC has the jurisdiction to request information about the case from the state governor or any other authority, as well as to demand payment of damages to the victim.
If a direction or order is needed, it may also contact the Supreme Court or the State High Court. Despite all the authority granted to the State Human Rights Commission, it is only required to act in relation to a case within a year of its occurrence; otherwise, it ceases to fall under its jurisdiction. 26 states have established State Human Rights Commissions in their various states as of this writing, and they are successfully working to uphold human rights in those states.
State Human Rights Commission Achievements
In order to defend and advance human rights in various states, India formed State Human Rights Commissions (SHRCs). 15 members of the Irula tribe who were harassed by the Villupuram police have been awarded compensation totaling Rs. 75 lakhs by the Tamil Nadu State Human Rights Commission.
In order to inform individuals about their rights and the value of respecting others’ rights, SHRCs have run a number of awareness initiatives. Victims of human rights violations who could not afford legal representation have received assistance from SHRCs. The bogus encounters that took place in the city were brought before the Assam SHRC on its own initiative.
State Human Rights Commission Limitation
The SHRC merely has a narrow scope of authority and can only look into cases of human rights abuses in India. The SHRC is dependent on the government to put its recommendations into action because it lacks enforcement authority. The SHRC lacks the jurisdiction to take legal action against private individuals who violate human rights. Little of the State Human Rights Commission’s cases involving the military forces fall under its purview.
State Human Rights Commission UPSC
The State Human Rights Commission has made it very apparent that it is eager to work with all facets of society to protect human rights. More people trust this Commission to defend their human rights. Even though the SHRCs have been around for 25 years, many concerns concerning how they work and how effective they are still go unanswered. The credibility and reputation of the panel are at stake. The Commission’s authority and jurisdiction must urgently be increased. Students can read all the details related to UPSC by visiting the official website of StudyIQ UPSC Online Coaching.