Chapter 49: STATE HUMAN RIGHTS COMMISSION

Introduction

It shall inquire into violation of human rights in respect of matters specified in state list and concurrent list. But if NHRC or any other statutory commission has already inquired then the SHRC doesn’t investigate into it. Objectives and duties are same as NHRC.

Composition:

It has chairman and two members. Chairman should be retired chief justice of HC and members should be a serving or retired judge of HC or district judge with 7 years experience and a person of knowledge or practical experience in field of human rights.

The Chairperson and members of the SHRC are appointed by the Governor, on the recommendation of a committee consisting of:

  • The Chief Minister (chairperson)
  • The Home Minister
  • The Leader of the Opposition in the legislative council
  • The Leader of the Opposition in the legislative assembly
  • The Speaker of the legislative assembly
  • The Chairman of the legislative council

A sitting judge of HC or sitting district judge can be appointed only after recommendations of CJ of high court. Once the members cease to occupy office they aren’t eligible for any appointment under central or state government. Members are eligible for reappointment subject to age criteria. Term is 70 yrs of age or 5 years.

Removal:

Removal is done by president on grounds of bankruptcy, unsound mind, infirmity of body or mind, sentenced to imprisonment for a crime, or engages in paid employment.

He can also be removed for proved misbehaviour or incapacity if SC inquiry finds him guilty. They can resign by writing to governor.

Powers:

The commission has the power of a civil court and can take cognizance of cases if received within one year of occurrence.

It can recommend compensation to victim, prosecution of accused. But such recommendations aren’t binding.

It submits special or annual reports to state legislatures along with action taken on their recommendations and reasons for non acceptance of advice.

Chapter Review

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