State Human Rights Commission

State Human Rights Commission

• Establishment: The State Human Rights Commission (SHRC) in Rajasthan was established on 20th March 2000 under the Protection of Human Rights Act, 1993.
• Constitutional Provision: Section 21 of the Protection of Human Rights Act, 1993, provides for the creation of State Human Rights Commissions in India to protect and promote human rights.

Structure of the State Human Rights Commission:

• Initially, the SHRC in Rajasthan was constituted with 1 chairperson and 4 members. However, after an amendment in 2006, the structure was revised to consist of 1 chairperson and 2 members.
• First Chairperson: Justice Kanta Bhatnagar, a former judge of Rajasthan High Court.
• Current Chairperson: Justice G.K. Vyas, a retired judge of Rajasthan High Court.
• Members:
  1. Mahesh Goyal (IPS)
  2. One position is currently vacant.

Key Appointments:

• Appointment Process: The members and chairperson of the State Human Rights Commission are appointed by a committee comprising:
  1. Chief Minister (Chairman)
  2. Speaker of the Legislative Assembly
  3. Home Minister
  4. Leader of the Opposition
• If there is a Legislative Council in the state, the Chairman of the Legislative Council and the Leader of the Opposition in the Council also become part of the committee.

Qualifications:

• Chairperson: Must be a retired Judge of the State High Court.
• Members:
  1. Serving or retired Judges of High Court.
  2. Persons with 7 years of experience in the District Court as judges.
  3. Persons with expertise, knowledge, or experience in the field of human rights.

Tenure of Office:

• The chairperson and members serve for 3 years or until they reach the age of 70, whichever is earlier.
• Provision for reappointment exists for both the chairperson and members.

Removal Process:

• The chairperson and members of the SHRC can be prematurely removed by the President of India, based on an inquiry conducted by the Supreme Court, on the following grounds:
  1. Malpractice
  2. Incapacity
  3. Bankruptcy
  4. Physical infirmity
  5. Moral decline

Salary and Allowances:

• The Chairperson and Members of the State Human Rights Commission are entitled to salaries, pensions, and allowances as fixed by the Protection of Human Rights Act. These salaries and benefits are usually aligned with those of High Court judges.

Functions and Powers of the State Human Rights Commission:

• Inquiries into Human Rights Violations: The SHRC has the authority to investigate complaints related to violations of human rights either through suo motu actions or based on petitions submitted by individuals.
• Inspection of Institutions: The SHRC can inspect jails and other institutions under the control of the state government to ensure that human rights are being protected.
• Obstacles to Human Rights Protection: The Commission can identify and make recommendations to the state government about obstacles hindering the protection of human rights.
• Promotion of Human Rights Literacy: The SHRC works to promote research, increase awareness, and spread literacy about human rights through publications and media.
• Investigative Powers: The Commission has investigative powers similar to those of a civil court, such as summoning witnesses, obtaining documents, and conducting investigations into cases.
• Cooperation with NGOs: The SHRC collaborates with Non-Governmental Organizations (NGOs) that work in the field of human rights and encourages their efforts to spread awareness and provide assistance.

Restrictions on Complaints:

• Complaints to the SHRC cannot be filed for cases that are:
  1. Older than one year.
  2. Pending in court.
  3. Related to the armed forces.
  4. Vague or unclear in their details.

Changes after the 2019 Amendment to the Protection of Human Rights Act:

• The term of office of the chairperson and members was officially set at 3 years or 70 years of age, with eligibility for reappointment.
• The amendment also allowed retired judges of the High Court to become chairpersons of the SHRC, whereas previously, only Chief Justices of the state could hold the position.

Submission of Reports:

• The SHRC submits an annual report to the state government, detailing its activities and findings related to human rights violations.
• The State Government is required to table the report before the State Legislative Assembly, providing reasons for not accepting any recommendations made by the SHRC.

Filing Complaints:

• Complaints can be filed in any of the languages listed in the Eighth Schedule of the Indian Constitution.
• No fees are required for filing complaints, and complaints can be submitted by e-mail or fax for ease of access.

Notable Former Chairpersons and Members:

Questions Asked in Previous Years Regarding Lokayukta and State Human Rights Commission:

1. The institution of Lokayukta is: (a) Statutory and advisory body
   (b) Statutory and judicial body
   (c) Non-constitutional and advisory body
   (d) Non-constitutional and judicial body
2. Under which act was the Lokayukta Sansthan formed in Rajasthan? (a) Rajasthan Lokayukta and Up-Lokayukta Act, 1970
   (b) Rajasthan Lokayukta and Up-Lokayukta Act, 1973
   (c) Rajasthan Lokayukta and Up-Lokayukta Act, 1976
   (d) Rajasthan Lokayukta and Up-Lokayukta Act, 1980
3. Who was the first Lokayukta of Rajasthan? (a) V.S. Dave
   (b) D.P. Gupta
   (c) M.L. Joshi
   (d) I.D. Dua
4. Who first recommended the appointment of Lokayukta at the state level? (a) Santhanam Committee
   (b) Second Administrative Reforms Commission
   (c) Administrative Reforms Commission of India (1966-70)
   (d) Rajasthan Administrative Reforms Committee
5. The tenure of Lokayukta in Rajasthan is: (a) 5 years or 65 years of age, whichever is earlier
   (b) 5 years or 66 years of age, whichever is earlier
   (c) 5 years or 60 years of age, whichever is earlier
   (d) 5 years or 62 years of age, whichever is earlier

The Lokayukta and State Human Rights Commission in Rajasthan play critical roles in promoting transparency, accountability, and human rights protection within the state administration. Their establishment reflects the state’s commitment to maintaining justice and protecting the rights of its citizens.