State Human Rights Commission
Intro | · Work in state- 25 states have enquiries violation against human Rights on state list (II) & concurrent List (III) of
· 7th Schedule cases for violation against SHRC do not but it transferred that in inquire. |
Composition Of The Commission | · Chairperson + 2 member retired Chief Justice
· Appointed by governor on recommendations of a committee. · Serving or Retired Judge of HC. · District Judge (Min 7 years) · Or a person with practical Experiences. · 5 years/70 years – No further employment under state or center. · Removed by POI ( same as NHRC) · Salary allowance by S.L · Function same as NHRC · Same working and nature of Recommendation as NHRC. · Human Right Court |
Functions | Similar to the functions of the National HR Commissions but on state level. |
Working of the Commission | · Power to regulate in own procedure – all powers of civil court and has judicial character.
· Not empowered to inquire in any matter after 1 year of its expiry – from the date of commission of act. · Mainly recommendary in nature – no power to Punish – not binding on SG · Submits well or special reports to SG. |
Human Rights Courts | Protection Of H.R Court Act (1993): Human Right Court in Every District
Setup by CJ (HC) + a Special Public prosecutor (7 Years) |
2019 Amendment Act | 1. Person who has been judge of SC – eligible to be appointed as chairperson of NHRC.
2. Increase number of members in NHRC from 2 to 3. At least one woman 3. Made chairpersons of NCBC and NCPCR as chief Commissioner for persons with disabilities as Ex-officio members of NHRC 4. Reduce term of chairperson of NHRC and members from 5 to 3 years – reappointment allowed 5. Person judge of High Court eligible as chairperson of State HRC. 6. Secretary general of NHRC exercise on administrative and financial powers – no judicial functions. Provided secretary of state HRC same powers at state level |
Get all essential Crux notes by clicking here https://diademy.com/product/staticcrux/