STATE HUMAN RIGHTS COMMISION

Service Conditions:

• Determined by State Government.

# Qualification - 

(1) Chairman - Serving or Retired Chief Justice or Judge of High Court (Since 2019).

(2) Members - (a) First Member - Serving or Retired Judge of High Court OR District Judge who has 7                     years of experience. 

(b) Second Member - Person who has special knowledge of Human Rights.

# Appointment - 

By Governor on the recommendation of a committee.

Structure of Committee:

(1) Chief Minister – Chairman 

(2) Assembly Speaker 

(3) Leader of Opposition / Leader of Opposition in Assembly 

(4) Home Minister 

(5) Chairman of Legislative Council (If there is a bicameral system in the state) 

(6) Leader of Opposition in Legislative Council (If there is a bicameral system in the state)

# Tenure -

  3/70 years whichever is earlier.

• (There are provisions for reappointment for Chairman and Members).

# Oath – 

->By Governor or person nominated by Governor.

# Salary

• Chairman – Equal to Chief Justice of High Court.

• Member – Equal to Judge of High Court.

# Resignation - 

->To the Governor.

# Removal - 

(1) In case of Misbehavior and Incapacity - By President after inquiry by Supreme Court. 

(2) Directly by President - Office of Profit, Insolvency, Mental Infirmity, Found guilty in court.

(3)Suspension During Investigation: The Governor can suspend the individual during the investigation.

# Annual Report – 

->To State Government.

# Important Facts -

(1) Rajasthan Human Rights Rules 2001 implementation - Done on 19 Jan 2001.

(2) Appeal in the Commission can be made in any language included in the 8th Schedule.

(3) It is mandatory for the Commission to hear the appeal in 7 days. * (In urgent cases, hearing in 24 hours).

-> Appeal can be made via Fax or Mail and Registered Post.

(4) 'Jaipur Declaration' is related to this Commission.

Protection of Human Rights Act - 1993 Important Sections:

-> Important Amendments in Protection of Human Rights Act - 1993

• First Amendment (2006) - Structure - 1+2 (Previously 1+4).
• Second Amendment (2019) - 

(1) Judge of High Court can also be made the Chairman of the Commission. 

(2) Tenure - 3/70 years (Previously 5/70). 

(3) Provisions for Reappointment. 

(4) Third member should be appointed as a Woman.

# Measures taken for Autonomy of Commission -

(1) Statutory Status - By Protection of Human Rights Act 1993. 

(2) Transparent Appointment Process - By Governor on recommendation of a committee. 

(3) Stability of Tenure – 3/70 years. 

(5) Financial Autonomy of Commission - Section 33. 

(6) Complex process of removal - By President.

(7)Prohibiting on unfavorable changes in service conditions after appointment.

# Role and Functions of State Human Rights Commission -

(1) To receive complaint or appeal regarding Human Rights Violation against Public Servant. (Matters                        related to State or Concurrent List).

(2) Commission can also hear through Suo-moto cognizance.

(3) Commission has various powers under CPC 1908 which are as follows - 

•  To issue notice to public servant. 
• To summon public servant for testimony or evidence. 
• To record the statement of public servant on affidavit. 
• To call for documents from any government office.

After Inquiry - 

(a) To recommend disciplinary action against public servant to State Government. 

(b) Recommendation of compensation or indemnity by State Government to the victim. 

(c) To appeal in court in favor of the victim.

(4) To inspect government institutions of State Government. * Ex - Police Stations, Jails, Nari Niketan (Women's Shelter).

(5) To increase literacy or awareness regarding Human Rights in common man. * (Through Seminars and Conferences).

(6) To encourage Non-Governmental Organizations (NGOs) working for Human Rights protection.

(7) To establish District Human Rights Unit.

(8) To publish a magazine named 'Manavadhikar Sandesh' (Human Rights Message).

(9) To do research and promotion in the field of Human Rights.

(10) To review International Treaties related to Human Rights and make recommendations for their implementation.

(11) To review the Constitution or any other law for the protection of Human Rights.

(12) To identify obstacles coming in Human Rights protection.

(13) Matters which are sub-judice in court, inquiry with permission of court.

-> Matters which are outside the Jurisdiction of Commission:

(1) Matters which are older than one year. 

(2) Matters which are related to Military Administration. 

(3) Matters which were previously pending in Court. 

(4) Matters which were previously pending in other Commission. 

(5) Personal disputes. 

(6) Industrial disputes. 

(7) Matters which are related to Retired Public Servants. 

(8) If the complaint is vague.

# Shortcomings

(1) Commission is only an advisory body, hence it is called toothless or vegetarian tiger.

(2) Commission does not have the right to investigate matters older than one year and matters related               to Military Administration.

(3) Vacant posts of Chairman and Members.

(4) Excessive pending cases in Commission.

(5) No discussion or debate on Annual Report of Commission.

# Suggestions-

• Own police agency.

• Quick appointment on vacant posts.

• Jurisdiction should be increased.

• Quick disposal of pending cases.

• Decision on Annual Report (Sufficient discussion in Assembly).

# Other Major Works started by Commission-

Keeping in mind its widely raised responsibilities, apart from investigating complaints, the Commission also took the following works in its hand:

1.Civil Liberties-

• Guidelines to prevent misuse of power of arrest by Police.

• Establishment of "Human Rights Cell" at District Headquarters.

• Measures to prevent Custodial Deaths, Rape and Human Torture.

# Central Focus of the Commission's Works -

• Civil, Social, Political, Economic and Cultural rights are included in the work area of the Commission.

(i) The Commission is paying special attention to matters of Custodial Deaths, Rape, Police Torture and Infrastructural Reforms in Jails, improving conditions of Reform Homes, Mental Hospitals.

(ii) From the view of protecting the rights of the most weaker sections of society, recommendations to provide necessary Free Education to children up to 14 years.Commission made recommendations to provide primary facilities for living life with dignity, welfare of Mothers and Children.

(iv) Problems of Displaced people, deaths of people due to Hunger, exploitation of Child Laborers, Child Prostitution etc.

# Inquiry Process of Complaints by Commission -

• The Commission can demand information or report from the Government or Authority and it can investigate the complaint itself on its own behalf.

• If the Commission is satisfied upon receiving information or report that now no further investigation is needed OR the expected investigation has been started by the concerned State Government or Authority, then the Commission will not investigate further on such complaint.

                      Chairmen of state Human rights Commission