State Human Rights Commission

State Human Rights Commission

A State Commission is to be composed of a chairman and some members appointed by the Governor in consultation with the Chief Minister, Home Minister, Speaker and Leader of the Opposition in State Assembly. The chairman is to be a retired judge of the High Court; one of the members should be a serving or a retired District Judge in that state; one member is to be a serving judge or a retired judge of the High Court, two members are to be activists in the field of Human Rights. Besides the above members, the Commission has its own secretary as well.

The chairman or any other member is removable by the President on the charge of proved misbehavior or incapacity after a regular inquiry by a judge of the Supreme Court. They are removable on the grounds as provided for such removals of the members of NHRC as well.

Some of the important functions of State Human rights commission are as follows:

  • Inquire suo motu or on a petition presented to it, by a victim, or any person on his be into complaint of violation of human rights or negligence in the prevention of such violation by a public servant.
  • Visit under intimation to the State Government, any jail or any other institution under the control of the State Government where persons are detained or lodged for purposes of treatment, reformation or protection to study the living conditions of the inmates and make recommendations thereon.
  • Intervene in any proceeding involving any allegation of violation of human rights before a Court with the approval of such Court.
  • Review the safeguards provided by or under the constitution of any law for the time being in force for the protection of human rights and recommend measures for their effective implementation.
  • Encourage the efforts of Non-Governmental organizations and institutions working in the field of human rights.

 

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