STATE HUMAN RIGHTS COMMISSIONS- SHRC

The Protection of Human Rights Act, 1993, provides for the establishment of State
Human Rights Commissions (SHRC). The composition of the SHRC is same as that of
the NHRC. It is appointed by the Governor of the state concerned and the members’
term could be terminated only by proven misbehaviour or incapacity. The responsibilities
of the Chief Ministers are crucial if the SHRCs have to function effectively.

In the Protection of Human Rights Act, 1993, Sec.21, the Constitution of State Human
Rights Commission is clearly enumerated. “A State Government may constitute a body to
be known as the...(name of the State) Human Rights Commission to exercise the powers
conferred upon, and to perform the functions assigned to, a State Commission under this
chapter”.
 As mentioned earlier, the composition of the Commission is same as that of the
NHRC, except that the SHRC functions at the state level. 

There are certain limitations to its functions as it may not inquire into the said matter if it is
already being inquired into by the Commission or any other Commission duly constituted under
any law for the time being in force. 

The Chairperson and other members of the State Commission are appointed by the Governor by
warrant under his hand and seal; provided that every appointment under the sub-section shall be
made after obtaining the recommendation of a Committee consisting of
 (a) The Chief Minister (Chairperson); 
(b) Speaker of the Legislative Assembly (Member);
 (c) Minister in-charge of the department of Home in theState (Member);
 (d) Leader of the Opposition in the Legislative Assembly (Member). 


No appointment of a Chairperson or a Member of the State Commission shall be invalid
merely by reason of any vacancy in the Committee. The grounds for removal include proved
misbehaviour, incapacity, and insolvent, unfit to continue in office or is convicted
or sentenced. Sec. 28 deals with the Annual and special reports of State Commission.

 The State Commission shall submit an annual report to the State Government and may at any
time submit special reports on any matter which, in its opinion, is of such urgency or
importance that it should not be deferred till submission of the annual report. The State
Government shall cause the annual and special reports of the State Commission to be laid
before each House of State Legislature where it consists of two Houses, or where such
Legislature consists of one House, before that House along with a memorandum of action
taken or proposed to be taken on the recommendations of the State Commission and the
reasons for non-acceptance of the recommendations, if any. 

The Commission also provides for Special Public Prosecutor. For every Human Rights Court, the
State Government shall, by notification, specify a Public Prosecutor or appoint an advocate who
has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor
for the purpose of conducting cases in that Court (Sec. 31).

The State Human Rights Commissions too have taken up issues relating to people who are
deprived of facilities like public health, sanitation, nutritional security, drinking water quality,
prevention of child marriages; the commissions also address issues of rights violation faced by
persons with disability. Though there are many serious allegations against the armed forces
regarding violation of human rights, they have been kept out of the purview of the NHRC and
SHRCs.