A Slate Government may constitute a body to be known as the State Human Rights Commission to exercise the powers conferred upon, and to perform the functions assigned to a State Commission
State Human Rights Commission shall consist of
(a) a Chairperson who has been a Chief Justice of a High Court;
(b) one Member who is. or has been,a Judge of a High Court or District Judge in the State with a minimum of seven years experience as District Judge:
(c) one Member to be appointed from amongst persons having knowledge of. or practical experience in. matters relating lo human rights.
There shall be a Secretary who shall be the Chief Executive Officer of the State Commission and shall exercise such powers and discharge such functions of the State Commission as it may delegate to him.
A State Commission may inquire into violation of human rights only in respect of matters relatable to any of the entries enumerated in List
II (State List ) and List 111 (Concurrent List) in the Seventh Schedule to the Constitution:
Provided that if any such matter is already being inquired into by the Commission or any other Commission duly constituted under any law for the time being in force, the State Commission shall not inquire into the said matter.
Appointment of Chairperson and Members of State Human Rights Commission:-
The Chairperson and Members shall be appointed by the Governor by warrant under his hand and seal:Provided that every appointment under this sub-section shall be made after obtaining the recommendation of a Committee consisting of
- the Chief Minister — Chairperson
- Speaker of the Legislative Assembly — Member
- Minister in-charge of the Department of Home, in that State — Member
- Leader of the Opposition in the Legislative Assembly — Member
Term of office of Chairperson and Members of State Human Rights Commission:-
- A person appointed as Chairperson shall hold office for a term of five years from the dale on which he enters upon his office or until he attains the age of seventy years, whichever is earlier;
- A person appointed as a Member shall hold office for a term of five years from the date on which he enters upon his office and shall be eligible for re appointment for another term of five years;Provided that no Member shall hold office after he has attained the
age of seventy years.
- On ceasing to hold office, a Chairperson or a Member shall be ineligible for further employment under the Government of a State or under the Government of India
Annual and special reports of State Commission
- The State Commission shall submit an annual report to the State Government and may at any time submit special reports on any matter which, in its opinion, is of such urgency or importance that it should not be delerred till submission of the annual report.
- The State Government shall cause the annual and special reports of the State Commission to be laid before each House of State Legislature where it consists of two Houses,or where such legislature consists of one House, before that House along with a memorandum of action taken or proposed to be taken on the recommendations of the State Commission and the reasons for non-acceptance of the recommendations, if any.
Functions of the Commission :The commission shall, perform all or any of the following functions, namely :
- Inquire, on its own initiative or on a petition presented to it by a victim or any person on his behalf, into complaint of :
- Violation of human rights or abetment thereof.
- Negligence in the prevention of such violation by a public servant.
- Intervene in any proceeding involving any allegation of violation of human right pending before a court with the approval of such court.
- Visit, under intimation to the State Government, any jail or any other institution of the State Government, where persons are detained or lodged for purposes of treatment reformation or protection for the study of the living condition of the inmates and make recommendation thereon to Government.
- Review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation.
- Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures.
- Study treaties and other international instruments on human rights and make recommend for their effective implementation.
- Undertake and promote research in the field of human rights.
- Spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media seminars and other available means.
- Encourage the efforts of non-Governmental organizations and institutions working in the field of human rights.
- Such other functions as it may consider necessary for the protection of human rights.
Powers of the commission relating to inquiries
While inquiring into complaints under the Act, the Commission shall have all the power of court trying a suit under the Code of Civil Procedure, 1908, and in particular the following matters :
- Discovery and production of any document.
- Receiving evidence on affidavits.
- Requisitioning any public record or copy thereof from any court or office.
- Issuing commissions for the examination of witnesses or documents.
- Any other matter which may be prescribed.
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