Hyderabad: This article deals with Human Rights Commission as part of the series dealing with Constitutional and Statutory Bodies.
State Human Rights Commission:
SHRC is appointed by the Governor on the recommendation of a 6-member committee consisting of
i. Prime Minister as the head of the committee
ii. Speaker of the Assembly
iii. Leader of the opposition in the meeting
iv. Home Secretary
v. Chairman of the Constitutional Council
vi. Leader of opposition in the Constitutional Council
Composition 4 + 1
The chairman and the members of the State Commission are appointed by the Governor.
• The Chairperson must be a retired Chief Justice or Judge of the High Court;
• one of the members must be a serving or a retired district judge in that state;
• one member must be a serving Judge or a retired Judge of the High Court,
• two members must be human rights activists.
In addition to the above members, the Commission also has its own secretary.
The governor must consult the CJ of the state high court before appointing the sitting judge of the high court.
Accommodation – 3 years or 70 years old.
Removal:-Same for the NHRC and SHRC. The President may remove the chairperson or member of SHRC & NHRC on the following grounds.
• During his term of office, he engages in any other service outside the duties of his office.
• If he is judged insolvent
• If he is unfit to continue in office due to weakness of mind or body.
• If he is of sound mind and has been declared the same by the competent council
• If convicted and sentenced to prison.
Apart from the above grounds, the president may also remove a chairman or any member of incompetence and evidence of misconduct on the advice of the Supreme Court.
Article 2 of the Protection of Human Rights Act, 1993 defines “human rights” as “the rights relating to the life, liberty, equality and dignity of the individual guaranteed under the Constitution or embodied in the International Covenants and enforceable by courts in India” .
Functions of the NHRC:
a) Investigate, on his own initiative (suo motto) or on a petition submitted to him by a victim or any person, on a complaint of-
i) Violation of human rights or assistance or
ii) Negligence in the prevention of such an offense by a civil servant;
b) Intervene in any proceedings involving any allegation of violation of human rights before a court pending the approval of such court;
c) Visit, under the direction of the State Government, any prison or any other institution under the control of the State Government, where persons are detained or housed for purposes of treatment, reform or protection in order to study the living conditions of the prisoners and make recommendations thereon;
d) Review the precautionary measures by or under the Constitution or any law currently in force for the protection of human rights and recommend measures for their effective implementation;
e) Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial action;
f) Study treaties and other international instruments on human rights and make recommendations for their effective implementation;
g) Undertake and promote research in the field of human rights;
h) Distribute human rights literacy among various sections of society and promote awareness of the precautions available for the protection of these rights through publications, the media, seminars and other available means;
i) encourage the efforts of non-governmental organizations and institutions working in the field of human rights;
j) Such other functions as it may deem necessary for the promotion of human rights.
By Shikara Academy
Source: Telangana Today