For promotion and protection of Human Rights at state level, the Protection of Human Rights Act, 1993 provided for constitution of a multi member body i.e. State Human Rights Commission for each state.

Composition of the State Human Rights Commission

The State Human Rights Commission is a statutory body consisting:

• A chairperson ( he/she should be a retired Chief justice of High Court or a retired judge of a High Court),
• One member who is a serving or retired judge of a High Court or a District judge in a state with a minimum experience of seven years.
• One member who is a person having knowledge or practical experience with respect to human rights.

Appointment of the members of the State Human Rights Commission

The Chairperson and members of the State Human Rights Commission are selected by the Governor of the respective State based on recommendations from a Committee:

• Chief Minister of the State ( Chairman of the Committee)
• Speaker of the Legislative Assembly
• Home minister of the State.
• Leader of opposition in the Legislative Assembly.

In the case of a State having a Legislative Council, the Chairman of the Legislative Council and the Leader of Opposition of the Council are also a part of the committee.

Tenure and removal of members of SHRC

• The Chairperson and members of the SHRC hold office for a period of three years or until they attain the age of 70 years, whichever is earlier.
• The Chairperson and members of the Commission are eligible for reappointment.
• Although the Governor appoints the chairperson and members of the SHRC, their removal from office can only be carried out by the President. The grounds for removal of Chairperson and members of the SHRC are the same, as for the chairperson and members of the NHRC.

Powers and functions of the SHRC

To prevent the violation of human rights, the SHRC performs such functions at the state level, which are performed by NHRC at national level.

However, a State Human Rights Commission can inquire into violation of human rights only with respect to such subjects which are mentioned in the State list and the Concurrent List of the seventh schedule of the Constitution. Additionally, if any such case is already being investigated by NHRC, then the SHRC does not inquire into that case.

Additional charge of Union territories: As per Protection of Human Rights (Amendment) Act,2019 the Central Government by an order, can confer upon the SHRC, the responsibility of discharging functions relating to human rights in case of Union Territories except Delhi. Functions relating to human rights in the case of Delhi are dealt with by the NHRC.

Challenges faced by the SHRC

Though provided with powers of investigation, the SHRC also faces challenges similar to NHRC in discharging its functions.The State Human Rights Commission is envisaged with the task to uphold the Constitutional commitment of protecting human rights. Hence, the Commission should work at its best to strengthen the human rights situation in the States.