State Human Rights Commission (SHRC) — Human Rights Law Notes

State Human Rights Commission (SHRC)

Human-rights violations mostly happen at the local level — a police station, a district jail — where a Delhi-based commission cannot easily reach. So the PHRA 1993 mirrored the NHRC at State level: the State Human Rights Commission, close to the ground it must watch.

The SHRC is the State-level counterpart of the NHRC, created under Sections 21–29 of the PHRA 1993. Learn it as a compact contrast to the NHRC.

A. Composition (s.21)

A Chairperson (a person who has been a Chief Justice or a Judge of a High Court) and members, including a serving or former Judge of a High Court or a District Judge (with seven years’ experience) and a person with human-rights knowledge. Appointed by the Governor on the recommendation of a committee (Chief Minister, Speaker, Home Minister, Leader of the Opposition).

B. Jurisdiction (s.21)

Confined to human-rights violations in respect of matters in the State List and the Concurrent List of the Seventh Schedule — i.e. within its own State. A matter already being inquired into by the NHRC cannot be duplicated by the SHRC.

C. Functions and powers

Broadly the same as the NHRC (s.12 functions, s.13 civil-court powers) but at State level — inquire into complaints, visit jails, intervene in court, undertake research.

D. Limitations

The same limits as the NHRC — findings are recommendatory only, and the one-year limitation applies. It reports to the State Government/Legislature.

🧩 WORKED EXAMPLE — NHRC or SHRC?

Facts. A person is beaten in a State prison and wants to complain to a human-rights body.

Rule. Prisons are a State-List subject, so the SHRC has jurisdiction; the NHRC may also act, but the same matter is not inquired into by both.

Apply. The victim may approach the SHRC (State jurisdiction), which inquires with civil-court powers and recommends action to the State Government.

Conclusion. The SHRC is the correct forum for a State-subject violation; its recommendation, like the NHRC’s, is not self-enforcing.

Protection of Human Rights Act, 1993, s.21(1): “A State Government may constitute a body to be known as the … (Name of the State) Human Rights Commission to exercise the powers conferred upon, and to perform the functions assigned to, a State Commission under this Chapter.”

In Simple Terms: The SHRC is a smaller NHRC for each State — same job, same civil-court powers, same recommendatory limit — but confined to violations on State and Concurrent List subjects.

flowchart TD
    A["SHRC<br/>PHRA 1993 ss.21-29"]:::root
    A --> B["Composition - s.21<br/>Chair (ex-HC CJ/Judge) + members<br/>Governor appoints"]:::leaf
    A --> C["Jurisdiction<br/>State List + Concurrent List only"]:::leaf
    A --> D["Functions & powers<br/>same as NHRC (s.12, s.13)"]:::leaf
    A --> E["Limits<br/>recommendatory + 1-year bar"]:::warn
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    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
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Case Laws

• NHRC v State of Arunachal Pradesh (1996) — illustrates the commissions’ enforcement route through the courts, applicable at both levels.

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