Establishment of Human Rights Commissions in India

The Protection of Human Rights Act, which was established in 1993, led to the creation of the National Human Rights Commission (NHRC) and also allowed for the formation of State Human Rights Commissions (SHRCs) within individual states. This means that each state in India can have its own commission dedicated to protecting human rights.

The State Human Rights Commission has the authority to look into cases of human rights violations, but their power is limited to specific areas. According to the Indian Constitution, they can only investigate matters listed in the State List (List-II) and the Concurrent List (List-III), which are outlined in the Seventh Schedule of the Constitution. The State List includes subjects on which only states can legislate, such as police, public health, and agriculture. The Concurrent List includes subjects where both the center and the states can legislate, like education and criminal law.

If a particular case of human rights violation is already being examined by the National Human Rights Commission or any other statutory body, then the State Human Rights Commission is not allowed to investigate that same case. This ensures that there is no overlap in investigations, promoting a more organized approach to addressing human rights issues.

The central government holds the power to assign responsibilities related to human rights in union territories to the State Human Rights Commissions, but this does not include the union territories of Jammu and Kashmir and Ladakh. In these regions, the human rights functions fall under the purview of the National Human Rights Commission. For other union territories, like Delhi, the NHRC takes charge of human rights matters.

In summary, the establishment of the State Human Rights Commissions under the Protection of Human Rights Act aims to safeguard and promote human rights at the state level, keeping in mind the limitations and the distribution of responsibilities outlined in the Indian Constitution. The NHRC and SHRCs work together to address different aspects of human rights, ensuring that there are dedicated platforms for individuals to seek justice and support when their rights are infringed upon.

Composition of the State Human Rights Commission

The State Human Rights Commission (SHRC) is an important organization that helps protect and promote human rights at the state level in India. It is made up of multiple members, including a chairperson and two other members. The chairperson should be either a retired Chief Justice or a Judge from a High Court, while the other members can be either a current or retired judge of a High Court or a District Judge with at least seven years of experience. There should also be a person who has significant knowledge or practical experience in human rights.

The appointment of the chairperson and members is done by the Governor of the state, following the recommendations of a special committee. This committee is made up of several important figures, including the Chief Minister, the Speaker of the Legislative Assembly, the state's Home Minister, and the Leader of the Opposition in the Legislative Assembly. In states that have a Legislative Council, the Chairman of that Council and the Leader of the Opposition will also be part of this committee. If a sitting judge from a High Court or a District Judge is to be appointed, the Governor must consult the Chief Justice of the respective High Court.

The chairperson and members are appointed for a term of three years, but they can serve until they reach the age of 70, whichever comes first. They can be re-appointed for another term after their time in office ends. However, following their tenure, they cannot take up any further jobs with either the state or Central government.

Even though the Governor appoints the chairperson and members of the SHRC, removing them is a different process that involves the President of India. The President can remove a chairperson or member under specific conditions, similar to the process for removing members of the National Human Rights Commission. The reasons for removal include if the person becomes insolvent, engages in paid work outside their official duties, is unable to perform their duties due to mental or physical illness, is declared mentally unfit by a court, or if they are convicted of a crime and sentenced to prison.

In cases of alleged misbehavior or incapacity, the President must refer the matter to the Supreme Court for an inquiry. If the Supreme Court thinks that there is a valid reason for their removal and advises it, only then can the President proceed with the removal.

The state government is responsible for deciding the salaries, allowances, and other working conditions for the chairperson and members of the SHRC. Importantly, once appointed, their salaries and benefits cannot be reduced to their disadvantage.

All these rules and procedures are designed to ensure that the State Human Rights Commission operates independently, impartially, and effectively. This is crucial because the SHRC plays a vital role in addressing human rights violations and promoting the rights and freedoms guaranteed under the Indian Constitution.

In terms of legal framework, the establishment and functioning of the State Human Rights Commissions are guided by the Protection of Human Rights Act, 1993. This Act not only serves as the basis for the formation of SHRCs but also outlines their functions, powers, and duties, making it a key legislative tool for the protection of human rights in India.

Functions of the Human Rights Commission

The Human Rights Commission has several important responsibilities aimed at protecting and promoting human rights in India. Here are the key functions explained in simpler terms:

Firstly, the Commission can investigate cases where human rights have been violated, or when public officials do not take action to prevent such violations. This can happen on its own initiative (suo motu), in response to complaints from individuals, or through orders issued by a court. This means that the Commission acts as a watchdog to ensure that human rights are respected and that any failure to do so is addressed.

Secondly, the Commission has the authority to step into ongoing legal cases where there are claims of human rights violations. For instance, if a case in a court raises human rights issues, the Commission can intervene to offer its expertise or support, which can help ensure that justice is served.

Another important function is the Commission's ability to visit prisons and places where people are detained. During these visits, the Commission examines the living conditions of inmates, looking to see if they are treated humanely and fairly. Based on these observations, the Commission can suggest changes or improvements to ensure better treatment of prisoners.

The Commission also reviews the laws and constitutional protections in place for safeguarding human rights in India. It assesses how effective these laws are and recommends changes to strengthen these protections. This function is particularly vital as it helps to ensure that the rights enshrined in the Constitution—such as the right to equality (Article 14), the right to freedom (Article 19), and the right against exploitation (Article 23)—are upheld in practice.

Additionally, the Commission analyzes various factors that may hinder people from enjoying their human rights. This includes investigating issues like terrorism that may restrict freedoms and suggesting ways to overcome these challenges.

The Commission actively encourages research in the field of human rights. Through studies and reports, it seeks to understand human rights issues better and find effective solutions. Furthermore, it prioritizes educating the public about their rights. By spreading awareness of human rights and the protections available to individuals, the Commission fosters a more informed citizenry.

Support for non-governmental organizations (NGOs) is another critical role of the Commission. These organizations often work on the ground to protect and promote human rights, and the Commission encourages these efforts, recognizing their importance in the overall human rights framework.

Finally, the Commission is empowered to undertake any other activities it finds necessary to promote human rights. This broad mandate allows it to address various emerging issues and adapt to changing circumstances around human rights in India.

In summary, the Human Rights Commission is a crucial institution in India that works to protect individuals’ rights, investigate violations, educate the public, and advocate for better laws and policies to create a society where everyone’s rights are respected. The relevant legal framework includes not only specific laws but also the broad principles outlined in the Indian Constitution that guide the Commission's work.

Understanding the Role of the Human Rights Commission in India

The Human Rights Commission plays a vital role in ensuring the protection and promotion of human rights in India. It has the authority to set its own rules and procedures for how it operates. The Commission possesses powers similar to those of a civil court, meaning it can conduct investigations and hearings in a structured manner. Its proceedings are formal and follow legal procedures.

One of the significant functions of the Commission is to gather information or reports from state governments or other authorities. However, there's a limitation on its powers: it can only investigate incidents of human rights violations that occurred within one year. This means that if someone wants to bring an issue to the Commission's attention, it must be done promptly, within a year of the violation taking place.

Upon concluding its inquiries into human rights violations, the Commission has several options for action. Firstly, it can recommend that the state government or relevant authority provide compensation or damages to the victim. This is significant, as many victims suffer financial and emotional distress due to human rights violations.

Secondly, the Commission can suggest that action be taken against the offending public servants. This may include initiating prosecution or other disciplinary measures. Thirdly, it can recommend that the government offer immediate support or interim relief to the victims to help them cope with the circumstances caused by the violation.

Additionally, if necessary, the Commission can approach the Supreme Court or a state High Court to seek specific directions or orders. However, it is essential to understand that the role of the Commission is primarily advisory. It does not have the power to impose punishments or provide direct relief, including financial compensation, to victims. Its recommendations are not legally binding. Although the Commission's suggestions are important, state authorities are not required to act on them. Nevertheless, the state government must respond within one month, informing the Commission about any actions taken based on its recommendations.

The Commission also prepares annual reports or special reports detailing its activities and findings. These reports are presented to the state government and are then made available to the state legislature. This process includes a memorandum explaining what actions have been taken regarding the Commission's recommendations and providing reasons if any suggestions are not accepted.

The legal framework for the Commission's establishment and operation is defined by the Protection of Human Rights Act, 1993. This act lays down the guidelines for the functioning of the National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRC) in India. Article 22 of the Indian Constitution guarantees certain rights related to arrest and detention, while Article 21 provides the right to life and personal liberty. These articles form the basis for ensuring that human rights are respected and protected by the Commission's work.

In summary, the Human Rights Commission in India serves as an important body in safeguarding human rights. Though it has limitations on its powers, its recommendations and reports aim to improve the situation for victims of human rights violations and hold responsible parties accountable. Understanding the Commission's role and its legal backing is crucial for anyone interested in human rights and governance in India.

Human Rights Courts in India

The Protection of Human Rights Act, which was enacted in 1993, plays a critical role in safeguarding individual rights in India. One of the key features of this Act is the provision for the establishment of Human Rights Courts in every district across the country. The primary aim of setting up these courts is to ensure that cases involving violations of human rights are dealt with promptly and efficiently.

The state government has the authority to create these Human Rights Courts, but this can only happen after obtaining agreement from the Chief Justice of the High Court for that respective state. This requirement ensures that the establishment of these courts aligns with the judiciary's standards and that they follow the rule of law.

To manage these courts effectively, the state government is responsible for appointing a public prosecutor who will represent the state in human rights cases. Additionally, in cases where specific expertise is needed, the government can choose an advocate who has at least seven years of legal practice as a special public prosecutor. This ensures that the cases are handled by qualified individuals who have substantial experience in legal matters.

The establishment of Human Rights Courts strengthens the framework for protecting human rights in India and offers a specialized venue for addressing these important issues. Articles under the Indian Constitution, such as Article 21, which guarantees the right to life and personal liberty, further support the functions of these courts. The Act and the resulting courts illustrate India's commitment to uphold human rights and provide justice to individuals whose rights have been violated.

It is important to note that these courts operate alongside the broader mechanisms set forth in the Indian Constitution, including the provisions for Fundamental Rights (Articles 12 to 35), which collectively protect the citizens against violations by state and non-state actors alike. The effective functioning of Human Rights Courts is essential in fostering a just society where individuals can seek redress for human rights infringements without unnecessary delays or complications.

In summary, the Human Rights Courts created under the Protection of Human Rights Act serve as a vital institution in promoting and protecting human rights at the district level. By ensuring swift justice and appointing qualified legal professionals, these courts aim to reinforce the rule of law and uphold the dignity and rights of every individual in the nation.

The Protection of Human Rights (Amendment) Act, 2019

The Protection of Human Rights (Amendment) Act, 2019, introduced several important changes that aim to strengthen the framework for human rights protection in India. Here’s a simplified overview of the key features of this act.

One notable provision of the 2019 amendment is that it allows a person who has served as a judge of the Supreme Court to be appointed as the Chairperson of the National Human Rights Commission (NHRC). Prior to this amendment, only the Chief Justice of India was eligible for this position. This change expands the pool of qualified individuals who can lead the NHRC, potentially bringing more experience and expertise to the role.

Additionally, the amendment increased the number of members in the NHRC from two to three. Out of these members, at least one must be a woman, ensuring better representation and acknowledgment of women's perspectives in human rights issues. Furthermore, it also made the chairpersons of the National Commission for Backward Classes, the National Commission for Protection of Child Rights, and the Chief Commissioner for Persons with Disabilities members of the NHRC by virtue of their positions. This inclusion of different perspectives is vital in addressing a broader spectrum of human rights concerns.

The term limit for the chairperson and members of both the NHRC and the State Human Rights Commissions was reduced from five years to three years. This shorter term strengthens accountability as these leaders can be evaluated and possibly replaced more frequently, although they remain eligible for re-appointment.

In terms of eligibility for the State Human Rights Commission, the amendment allows a person who has served as a judge of a High Court to be appointed as Chairperson, in addition to those who have been Chief Justices of High Courts. This too increases the chances of appointing qualified individuals to these important roles.

The amendment also provides for a new arrangement where the central government can assign the State Human Rights Commissions with responsibilities related to human rights in Union Territories, excluding Delhi. For Delhi, the National Human Rights Commission will handle these matters, consolidating authority at the national level for sensitive regions.

Furthermore, the act specifies the roles of the secretaries in both the NHRC and State Human Rights Commissions. The Secretary-General of the NHRC will manage all administrative and financial powers, except for judicial functions and those related to making regulations, under the oversight of the Chairperson. Similarly, the Secretary of a State Human Rights Commission will also manage these powers, again under the guidance of the Chairperson. This clear delineation of powers is crucial for maintaining efficiency in operations and ensuring accountability.

In terms of constitutional support, this act is in harmony with Article 51 of the Indian Constitution, which promotes respect for international law and treaty obligations, including the upholding of human rights. It also aligns with various directives under Article 14 (Right to Equality) and Article 21 (Right to Life and Personal Liberty), emphasizing the need for protective measures for human rights.