Role of State Human Rights Commission

The State Human Rights Commission (SHRC) is a statutory body established under the Protection of Human Rights Act, 1993 to promote and protect human rights within a state. Its work focuses on rights relating to life, liberty, equality, and dignity, particularly in matters falling within the state’s legal jurisdiction.

Role of the State Human Rights Commission

The SHRC can inquire into complaints of alleged human rights violations or negligence in preventing such violations by public servants. It can also examine human-rights safeguards, visit certain detention or institutional facilities, and make recommendations to the appropriate government or authority.

Some important areas of its work include:

• Investigating complaints of human rights violations.

• Examining allegations of negligence by public authorities.

• Visiting prisons and other institutions where people are detained or protected.

• Reviewing existing safeguards for human rights.

• Recommending appropriate action or relief where violations are established.

• Promoting human rights awareness and education.

• Encouraging better implementation of human-rights protections.

Governing Body and Legal Framework

State Human Rights Commissions are governed primarily by the Protection of Human Rights Act, 1993, as amended. Section 21 provides for the constitution of a State Human Rights Commission by the state government.

Under the Act, the Commission consists of:

• Chairperson: A person who has been a Chief Justice of a High Court.

• One judicial member: A person who is or has been a High Court Judge or a District Judge meeting the statutory experience requirement.

• One human-rights member: A person with knowledge of or practical experience in human-rights matters.

• Secretary: The Secretary serves as the Chief Executive Officer of the Commission.

The jurisdiction of an SHRC is generally limited to matters falling within the relevant State List and Concurrent List areas under the Constitution. It cannot inquire into a matter that is already being inquired into by the NHRC or another commission constituted under law.

Benefits of the State Human Rights Commission

• Accessible grievance mechanism: It provides a specialized forum for raising human-rights concerns within the state.

• Protection of dignity: It helps address alleged violations involving life, liberty, equality, and dignity.

• Government accountability: It can examine alleged failures or negligence by public authorities.

• Relief and recommendations: Depending on the case, the Commission can recommend appropriate action or relief.

• Protection of vulnerable groups: Its work can help bring attention to the rights of children, women, prisoners, persons with disabilities, and other vulnerable groups.

• Human-rights awareness: It contributes to public education and awareness about human rights.

• Institutional oversight: It can review safeguards and recommend improvements to government authorities.

How to Appeal or File a Complaint

A person who believes that their human rights have been violated can submit a complaint to the State Human Rights Commission of the concerned state, provided the matter falls within its jurisdiction.

Step 1: Prepare the Complaint

The complaint should clearly mention:

• Name and contact details of the complainant

• Name and details of the victim, if different

• Date and place of the incident

• Description of the alleged violation

• Details of the government department, public authority, or official involved

• Copies of relevant documents and evidence

• Details of any complaint already submitted to another authority

• The relief or action being requested

Step 2: Submit the Complaint

The exact filing method varies by state. Depending on the concerned SHRC, complaints may generally be submitted through its official website, post, email, in person, or prescribed complaint forms. The NHRC maintains an official directory of State Human Rights Commissions and their available contact information.

Step 3: Inquiry and Action

The Commission may seek information or reports from the concerned authorities and conduct an inquiry where appropriate. Following an inquiry, it may make recommendations to the government or concerned authority, including recommendations concerning relief or other appropriate action.

Important Point

A complaint should be directed to the appropriate State Human Rights Commission based on the state and jurisdiction involved. If the matter falls outside its jurisdiction, another institution—such as the NHRC, a court, or a specialized statutory commission—may be the appropriate forum.

Conclusion

The State Human Rights Commission plays an important role in promoting and protecting human rights at the state level. By providing a specialized mechanism for complaints, conducting inquiries, reviewing safeguards, and making recommendations, it can help strengthen human dignity, equality, liberty, accountability, and access to lawful remedies.