51. State Human Rights Commission Flashcards
Composition: SHRC
SHRC is a multi member body consisting of a chairperson and two members.
Chairperon:
Should be a retired Chief Justice of a High Court and,
Members:
Should be serving or retired judge of a High Court or a district judge in the state with a minimum of seven years experience as District Judge and a person having knowledge or practical experience with respect to human rights.
When and how the SHRC was established?
THE PROTECTION of HUMAN RIGHTS ACT of 1993 provides for the creation of not only the NHRC but also a SHRC.
Accordingly, 17 states have constituted the SHRC through Official Gazette Notifications.
The SHRC can inquire into violations of the human rights only in respect of subjects mentioned in the STATE LIST (List-II) and the CONCURRENT LIST (List-III) of the seventh schedule of the constitution.
However, if any such case is already being inquired into by the NHRC or any other statutory commission, then the SHRC does not inquire into that case.
Appointments: SHRC
The chairperson and members are appointed by the Governor on the recommendations of a committee consisting of the chief minister as its head, the speaker of the Legislative Assembly, the state home minister,
and the leader of apposition in the legislative assembly (in case of state having Legislative Council, the chairman of the council and the leader of opposition of the council would also be the members of the committee)
Further, a sitting judge of a high court or a sitting district judge can be appointed only after consultation with the Chief Justice of the High Court of the concerned state.
Although the chairperson and the members of a SHRC are appointed by the governor, they can be removed only by the President (and NOT by the governor). The president can remove them on the same grounds and in the same manner as he can remove the chairperson or a member of the NHRC.
What are Human Rights Courts?
The Protection of Human Rights Act (1993) also provides for the establishment of Human Rights Court in every district for the speedy trial of violations of the human rights.
These courts can be set up by the state govt only with the concurrence of the Chief Justice of the High Court of the state.
For every human rights court, the state government specifies a public prosecutor or appoints an advocate (who has practiced for seven years) as a special public prosecutor.
