Rajasthan

Appearance

State Human Rights Commission ​

Establishment ​

  • Established under the Protection of Human Rights Act of 1993.
  • Constituted by the state government.
  • Inquires into human rights violations regarding subjects in the State List (List-II) and the Concurrent List (List-III) of the Seventh Schedule of the Constitution.
  • Cannot inquire if the National Human Rights Commission or any other Statutory Commission is already investigating the case.
  • The central government can assign functions related to human rights in union territories (excluding Jammu and Kashmir, and Ladakh) to State Human Rights Commissions. Delhi is excluded from this provision.
  • Headquarters are specified by the state government via notification.

Composition ​

  • Multi-member body consisting of a chairperson and two members.
  • Chairperson: Retired Chief Justice or a Judge of a High Court.
  • Members:
    • Serving or retired judge of a High Court or a District Judge with at least seven years of experience as a District Judge.
    • A person with knowledge or practical experience in human rights.
  • Appointment: By the Governor, based on the recommendations of a committee:
    • Chief Minister (Head)
    • Speaker of the Legislative Assembly
    • State Home Minister
    • Leader of the Opposition in the Legislative Assembly
    • Chairman of the Legislative Council (if applicable)
    • Leader of the Opposition in the Legislative Council (if applicable)
  • Sitting judge appointments require consultation with the Chief Justice of the High Court.
  • Term: Three years or until age 70, whichever is earlier.
  • Eligible for reappointment.
  • Ineligible for further employment under the state or central government.
  • Removal: By the President only, not the Governor.

Removal ​

  • Grounds for Removal by the President:

    • Adjudged an insolvent
    • Engages in paid employment outside duties of office
    • Unfit to continue in office due to infirmity of mind or body
    • Of unsound mind (declared by a competent court)
    • Convicted and sentenced to imprisonment for an offence
    • Proved misbehaviour or incapacity

  • In cases of misbehaviour or incapacity, the President must refer the matter to the Supreme Court for inquiry. The President can remove the member if the Supreme Court advises removal after the inquiry.

  • Salaries, allowances, and service conditions are determined by the state government but cannot be altered to the member's disadvantage after appointment.

  • Provisions aim to ensure autonomy, independence, and impartiality.

Functions ​

  • Inquire into human rights violations or negligence in preventing violations by a public servant (suo motu, petition, or court order).
  • Intervene in court proceedings involving alleged human rights violations.
  • Visit jails and detention places to study living conditions and make recommendations.
  • Review constitutional and legal safeguards for human rights protection and recommend implementation measures.
  • Review terrorism-related factors inhibiting human rights enjoyment and recommend remedial measures.
  • Undertake and promote research in human rights.
  • Spread human rights literacy and promote awareness of safeguards.
  • Encourage NGOs working in human rights.
  • Undertake other functions for human rights promotion.

Working ​

  • The Commission regulates its own procedure.
  • Has powers of a civil court; proceedings have a judicial character.
  • Can request information or reports from the state government or subordinate authorities.
  • Cannot inquire into matters after one year from the alleged violation.
  • Actions upon completion of an inquiry:
    • Recommend compensation or damages to the victim.
    • Recommend prosecution or action against the guilty public servant.
    • Recommend immediate interim relief to the victim.
    • Approach the Supreme Court or state high court for necessary directions, orders, or writs.
  • Functions are recommendatory, lacking power to punish violators or award relief.
  • Recommendations are not binding, but the state government must report on the action taken within one month.
  • The Commission submits annual or special reports to the state government, which are then laid before the state legislature with a memorandum of action taken and reasons for non-acceptance of recommendations.

Human Rights Courts ​

  • The Protection of Human Rights Act (1993) also provides for the establishment of Human Rights Courts in every district for speedy trials.
  • Established by the state government with the concurrence of the Chief Justice of the High Court.
  • The state government specifies a public prosecutor or appoints an advocate (with seven years of practice) as a special public prosecutor.

2019 Amendment Act ​

  • A judge of the Supreme Court is also eligible to be appointed as Chairperson of the National Human Rights Commission.
  • Increased the number of members of the National Human Rights Commission (who are to be appointed from amongst persons having knowledge or practical experience with respect to human rights) from two to three out of which at least one has to be a woman.
  • Made the chairpersons of the National Commission for BCs and the National Commission for Protection of Child Rights as well as the Chief Commissioner for Persons with Disabilities as the ex-officio members of the National Human Rights Commission.
  • Reduced the term of the chairperson and members of the National Human Rights Commission as well as the State Human Rights Commission from five to three years. It also made them eligible for re-appointment.
  • A person who has been a judge of a High Court is also made eligible to be appointed as Chairperson of the State Human Rights Commission
  • Provided that the central government may confer upon the State Human Rights Commissions, the functions relating to human rights in the union territories, except the union territory of Delhi. The functions relating to human rights in case of union territory of Delhi are to be dealt with by the National Human Rights Commission.
  • Provided that the Secretary-General of the National Human Rights Commission shall exercise all administrative and financial powers (except judicial functions and the power to make regulations), subject to control of the chairperson.
  • Provided that the Secretary of the State Human Rights Commission shall exercise all administrative and financial powers of the Commission, subject to control of the chairperson.