8 राज्य मानवाधिकार आयोग के गठन, कार्य एवं शक्तियों का वर्णन कीजिये?

Describe Formation, Function and powers of state Human Rights Commission.

Formation, Functions, and Powers of the State Human Rights Commission (SHRC)

The State Human Rights Commission (SHRC) is a statutory body established under the Protection of Human Rights Act, 1993 to address human rights violations at the state level. Below is a point-wise explanation of its formation, functions, and powers:

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Formation of the State Human Rights Commission

1. Legal Basis:

   • Established under Section 21 of the Protection of Human Rights Act, 1993.
   • The Act provides for the creation of a State Human Rights Commission in each state.

2. Composition:

   • The SHRC consists of:
     • Chairperson: A retired Chief Justice or Judge of a High Court.
     • Members:
       • One serving or retired Judge of a High Court or District Judge with at least seven years of experience.
       • One person with knowledge or practical experience in human rights.
     • Secretary: Appointed to assist the Commission in administrative and financial matters.

3. Appointment:

   • The Chairperson and members are appointed by the Governor of the state based on the recommendation of a committee comprising:
     • The Chief Minister (Chairperson of the committee),
     • The Speaker of the Legislative Assembly,
     • The Home Minister of the state, and
     • The Leader of the Opposition.

4. Tenure:

   • The Chairperson and members serve for a term of 5 years or until they attain the age of 70 years, whichever is earlier.

5. Resignation and Removal:

   • Members can resign by submitting a written resignation to the Governor.
   • They can be removed only by the President of India on grounds of proven misbehavior or incapacity, following the procedure prescribed in the Act.

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Functions of the State Human Rights Commission

The SHRC performs various functions under Section 12 of the Protection of Human Rights Act:

1. Inquiry into Human Rights Violations:

   • Investigates complaints of human rights violations either on its own (suo motu) or on petitions from individuals or groups.

2. Study of Laws and Recommendations:

   • Reviews the safeguards provided under the Constitution or other laws for the protection of human rights.
   • Recommends measures for their effective implementation.

3. Promotion of Human Rights Awareness:

   • Promotes awareness of human rights through education, training, and publications.

4. Research and Policy Recommendations:

   • Undertakes and encourages research in the field of human rights.
   • Suggests policy changes to state governments to prevent human rights violations.

5. Inspection of Custodial Institutions:

   • Inspects prisons, detention centers, and other institutions where people are detained to assess living conditions and ensure no human rights violations occur.

6. Coordination with NGOs:

   • Works in collaboration with non-governmental organizations (NGOs) and civil society groups to promote and protect human rights.

7. Special Studies:

   • Studies issues such as child labor, bonded labor, trafficking, and caste-based discrimination.

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Powers of the State Human Rights Commission

The powers of the SHRC are akin to those of a civil court. They are enumerated under Section 13 of the Protection of Human Rights Act:

1. Inquiry and Summons:

   • Has the power to inquire into complaints of human rights violations.
   • Can summon witnesses, examine them under oath, and compel the production of documents.

2. Requisition of Reports:

   • Can requisition information or reports from state government departments, police, or other authorities.

3. Inspection Powers:

   • Can inspect any institution under the control of the state, such as prisons, juvenile homes, or mental health facilities.

4. Recommendations:

   • Makes recommendations to the state government based on its findings. While these recommendations are not binding, they carry significant persuasive value.

5. Interim Relief:

   • Can recommend interim relief to victims of human rights violations, such as monetary compensation or other remedial measures.

6. Publication of Reports:

   • Publishes reports of its findings and recommendations, which can highlight systemic issues in governance or administration.

7. Coordination with National Human Rights Commission (NHRC):

   • Works alongside the NHRC and other state commissions for addressing human rights issues effectively.

8. Adjudication of Specific Issues:

   • Has the authority to adjudicate on matters related to child labor, women’s rights, and bonded labor.

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Limitations of the State Human Rights Commission

1. No Power to Enforce Recommendations:

   • The SHRC's recommendations are not binding on the state government or authorities.

2. Exclusion of Armed Forces Cases:

   • Cannot directly inquire into human rights violations committed by members of the armed forces; such cases are referred to the central government.

3. Jurisdictional Restrictions:

   • Its jurisdiction is limited to the state where it is constituted.

4. Dependence on State Machinery:

• Relies on state police and administrative authorities for investigation and enforcement, which may delay its work.

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The Chhattisgarh Human Rights Commission (CGHRC) is a state body established under the Protection of Human Rights Act, 1993 to address violations of human rights and ensure their protection at the state level. Here is a brief summary of its formation, functions, and powers:

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1. Formation:

• Established under: Section 21 of the Protection of Human Rights Act, 1993.
• Composition:
  • Chairperson: A retired Chief Justice or Judge of a High Court.
  • Members: Two other members with knowledge or experience in human rights (one must be a woman).
  • Secretary: Appointed to manage administrative functions, typically from senior administrative services.

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2. Functions:

The CGHRC is tasked with promoting and protecting human rights, defined as the rights relating to life, liberty, equality, and dignity. Its functions include:

1. Inquiry into Complaints:
   • Investigating complaints of human rights violations by public servants or negligence in preventing such violations.
2. Intervention in Judicial Proceedings:
   • Intervening in cases involving human rights issues pending before a court, with the court’s approval.
3. Research and Recommendations:
   • Conducting studies on human rights issues and recommending measures to improve safeguards for the protection of rights.
4. Spreading Awareness:
   • Promoting human rights literacy and awareness through seminars, publications, and education programs.
5. Inspection of Institutions:
   • Visiting jails, detention centers, and other places where individuals are detained to review conditions and ensure human rights compliance.

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3. Powers:

The CGHRC has powers similar to those of a civil court under the Code of Civil Procedure, 1908:

1. Summoning and Examining Witnesses:
   • Can summon individuals, examine them under oath, and require the production of documents.
2. Requisitioning Public Records:
   • Can demand access to public records or copies from any court or office.
3. Inquiry Powers:
   • Conducts independent inquiries into human rights violations and submits reports with recommendations.
4. Recommendations to Authorities:
   • Provides recommendations to the government or concerned authorities on measures to improve human rights safeguards.
5. Interim Relief:
   • Suggests payment of compensation or relief to victims of human rights violations.

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4. Limitations:

• The Commission cannot inquire into matters pending before a court.
• Complaints must be filed within one year of the alleged violation.

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Summary :

The State Human Rights Commission plays a crucial role in addressing human rights violations at the state level by investigating complaints, raising awareness, and making recommendations to improve governance. However, its effectiveness depends on the cooperation of state authorities and the implementation of its recommendations. The Chhattisgarh Human Rights Commission serves as a crucial mechanism for protecting and promoting human rights at the state level. It plays an active role in addressing violations, spreading awareness, and advising the government to uphold constitutional and human rights standards effectively.

Textbook References : 

1. Textbook on Human Rights Law and Practice by Rashee Jain
2. International Law & Human Rights by Dr. H.O. Agarwal
3. Human Rights by Michael Freeman
4. International Human Rights Law by David Harris
5. A philosophical Introduction to Human Rights by Thomas Mertens
6. Human Rights Law by Howard Davis 
7. Human Rights A Very Short Introduction by Andrew Clapham