State Human Rights Commission (SHRC)

A state human rights commission is a statutory body constituted by a state government under the Protection of Human Rights Act, 1993, to inquire into violations of human rights within that state. It functions alongside the National Human Rights Commission (NHRC) at the central level but operates with a narrower, state-specific jurisdiction. Being a creature of ordinary legislation rather than the Constitution, a State Human Rights Commission (SHRC) is a statutory, not a constitutional, body.

Establishment and Jurisdiction

The Protection of Human Rights Act, 1993, empowers a state government to constitute a State Human Rights Commission for that state, with headquarters wherever the state government notifies.

An SHRC's jurisdiction is deliberately limited: it can inquire into human rights violations only in respect of subjects listed in the State List and the Concurrent List of the Seventh Schedule, and it steps aside if a matter is already being inquired into by the NHRC or any other statutory commission, avoiding overlap between central and state bodies.

The central government may also confer on State Human Rights Commissions the functions relating to human rights in Union Territories, except Delhi (which remains with the NHRC) and, following the 2019–20 reorganisation orders, Jammu and Kashmir and Ladakh.

Composition and Appointment

An SHRC is a multi-member body consisting of a chairperson and two members.

Post	Eligibility
Chairperson	A retired Chief Justice of a High Court, or (since the 2019 Amendment) a person who has been a Judge of a High Court
Member	A serving or retired Judge of a High Court, or a District Judge in the state with at least seven years' experience as District Judge
Member	A person having knowledge of, or practical experience in, matters relating to human rights

The chairperson and members are appointed by the Governor, acting on the recommendation of a committee. This committee is headed by the chief minister and also includes the Speaker of the state Legislative Assembly, the state home minister, and the Leader of the Opposition in the Legislative Assembly. Where the state has a Legislative Council, the chairman of the Council and the Leader of the Opposition in the Council are also included in the committee. A sitting Judge of a High Court or a sitting District Judge can be appointed to the SHRC only after consultation with the Chief Justice of the concerned High Court.

Tenure, Removal and Service Conditions

The chairperson and members hold office for a term of three years, or until they attain the age of 70, whichever comes earlier — this term was reduced from five years by the Protection of Human Rights (Amendment) Act, 2019. They are eligible for re-appointment, but after their tenure ends they cannot take up further employment under a state or the central government.

Although the Governor appoints the chairperson and members, only the President can remove them, on the same grounds and process applicable to the NHRC's chairperson or a member: insolvency, paid outside employment during the term, infirmity of mind or body, unsoundness of mind declared by a competent court, or conviction for an offence. Removal can also occur for proved misbehaviour or incapacity, but only after the President refers the matter to the Supreme Court for inquiry and the Court upholds the cause for removal.

Salaries, allowances, and service conditions are determined by the state government but cannot be altered to a member's disadvantage after appointment — safeguards meant to secure the Commission's autonomy, independence, and impartiality.

Functions of the Commission

The functions assigned to an SHRC include:

Inquiring into any violation of human rights, or negligence in preventing such violation by a public servant — suo motu, on petition, or on a court's order
Intervening in court proceedings involving allegations of human rights violation
Visiting jails and detention places to examine inmates' living conditions and making recommendations
Reviewing legal safeguards for human rights, and factors (including terrorism) that inhibit their enjoyment, and recommending remedial measures
Promoting research and literacy on human rights, and encouraging NGOs working in the field
Undertaking any other function it considers necessary for promoting human rights

Working and Powers

The Commission regulates its own procedure and holds the powers of a civil court, with judicial-character proceedings; it can call for information or reports from the state government or any subordinate authority. It cannot inquire into a matter once a year has passed from the date of the alleged violation.

Upon completing an inquiry, the Commission may recommend compensation or damages to the victim, prosecution or other action against the guilty public servant, or immediate interim relief; it may also approach the Supreme Court or the concerned state High Court for necessary directions, orders, or writs.

Crucially, these powers are recommendatory. The Commission cannot punish violators or award binding monetary relief, and its recommendations do not bind the state government — though the recipient must report back on action taken within one month. The Commission's annual or special reports go to the state government and are laid before the state legislature with a memorandum of action taken and reasons for non-acceptance.

Human Rights Courts

The Act also provides for a Human Rights Court in every district for speedy trial of offences involving human rights violations, set up by the state government with the concurrence of the state High Court's Chief Justice. For each such court, the state government specifies a public prosecutor, or appoints an advocate of at least seven years' practice as special public prosecutor.

Key Changes Under the 2019 Amendment Act

The Protection of Human Rights (Amendment) Act, 2019, made several changes affecting SHRCs alongside the NHRC:

It made a person who has been a Judge of a High Court eligible for appointment as Chairperson of an SHRC, in addition to a retired Chief Justice of a High Court.
It reduced the term of office of the chairperson and members of both the NHRC and SHRCs from five years to three years, while making them eligible for re-appointment.
It provided that the central government may confer functions relating to human rights in Union Territories on the SHRCs, except for the Union Territory of Delhi, which remains with the NHRC.
It provided that the Secretary of a State Human Rights Commission shall exercise all administrative and financial powers of the Commission, subject to the chairperson's control.

UPSC Relevance

Prelims:

SHRC is a statutory body under the Protection of Human Rights Act, 1993 — not a constitutional body.
Composition and eligibility: chairperson (retired Chief Justice/Judge of a High Court) + two members (District Judge or human rights expert).
Tenure is three years or age 70, whichever is earlier (post-2019 Amendment; earlier five years).
Appointed by the Governor but removable only by the President, on NHRC-parallel grounds.
Jurisdiction confined to State List and Concurrent List subjects; steps aside if the NHRC or another statutory commission already has the matter.

Mains:

Examine the SHRC's composition and removal process and how far these secure its independence from the state executive (GS2, statutory bodies).
Critically evaluate the recommendatory, non-binding nature of SHRC powers and its implications for effective protection of human rights.

FAQ

Q1. What is a State Human Rights Commission? A statutory body constituted by a state government under the Protection of Human Rights Act, 1993, to inquire into human rights violations concerning State List and Concurrent List subjects.

Q2. Is the SHRC a constitutional body? No. It is a statutory body created by an Act of Parliament, not by a specific constitutional provision.

Q3. Who appoints and who can remove the chairperson of an SHRC? The Governor appoints the chairperson and members on the recommendation of a CM-headed committee. Only the President can remove them, on grounds similar to those for removing NHRC members.

Q4. What is the tenure of the SHRC chairperson and members? Three years, or age 70, whichever is earlier — reduced from five years by the 2019 Amendment. They are eligible for re-appointment.

Q5. Are the recommendations of the SHRC binding on the state government? No. They are recommendatory only; the recipient authority must merely inform the Commission of the action taken within one month.

Quick Revision

Legal basis: Protection of Human Rights Act, 1993 — statutory, not constitutional body
Composition: chairperson + 2 members; chairperson = retired Chief Justice/Judge of a High Court
Appointed by Governor on recommendation of a CM-headed committee; removed only by the President
Tenure: 3 years or age 70, whichever is earlier (reduced from 5 years by 2019 Amendment)
Jurisdiction limited to State List and Concurrent List subjects; excludes matters already before the NHRC
Powers are recommendatory only; cannot award binding monetary relief or punish violators
One-year limitation period from the date of the alleged violation to take up a matter
Human Rights Courts set up in districts with concurrence of the state High Court's Chief Justice

Sources

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
The Constitution of India — Bare Act — the official text.

At a glance