State Human Rights Commision

Question 1

Give details in brief about creation AND mandate of SHRC.

Answer 1

Created by Human Rights Act of 1993.

Can inquire in violation of human rights in respect of subjects mentioned in state list(List 2) & concurrent list(list 3) of seventh schedule of constitution.

Question 2

Enlist composition of SHRC.

Answer 2

Chairperson & 2 members.
Chairperson:retired chief justice or judge of high court
Members:serving or retired judge of high court or district judge with 7 yrs. experience and a person having knowledge or practical experience in Human Rights.

Question 3

Give appointment and tenure details of SHRC.

Answer 3

By:Governor on recommendation of committee(Has CM;Speaker;Home minister;opposition leader)

Term:three years or until they attain age of 70 yrs.

Question 4

What is the removal process of SHRC Chairperson & members?

Answer 4

Even though appointed by governor can be removed by president ONLY.

1. Insolvent
2. Engaged in paid employement
3. unfit to continue
4. unsound mind
5. imprisonment

In addition president can remove on proved misbehavior->that case->matter goes to SC->IF APPROVED->REMOVED

Question 5

What are the functions of SHRC?

Answer 5

1. Inquire violation or negligence in prevention of violation by public servant
2. intervene in proceeding involving allegations,pending in court
3. asses jails,detentions
4. review constitutional,legaL safeguards
5. review factors restraining human rights ex.terrorism
6. study treaties,international instruments on Human rights
7. research in HR
8. literate,aware people
9. encourage NGOs
10. functions necessary for human rights

Question 6

Explain the working of SHRC

Answer 6

Can take one of the following steps upon completion of inquiry

a) may recommend compensation to victim
b) may recommend action against public servant
c) may recommend immediate relief to victim
d) may approach SC;HC concerned for directions,writs etc

Question 7

Mention in brief about human rights court.

Answer 7

Protection of Human rights act(1993)provides for establishment of human rights court in every district for speedy trials.

Question 8

What are the changes that happened due to 2019 Ammendment Act?

Answer 8

1. judge of SC->Can be Chairperson of NHRC
2. Members of NHRC From 2 to 3
3. made ex-officio members to charipersons of National commision for (BCs+Protection of child rights+persons with disabilities)
4. Term of chairpersons of NHRC&SHRC Reduced to 3 from 5
5. judge of HC->Can be Chairperson of SHRC
6. Secretary general of NHRC & Secretary of SHRC HAS ADMINISTRATIVE & FIANANCIAL powers.