Human Rights Commission (National or States’) in India is governed under the Protection of Human Rights Act, 1993.
National Human Rights Commission: The Central Government of India has constituted a body known as the National Human Rights Commission under the said act (established on 12 October 1993), currently situated at New Delhi. Address: National Human Rights Commission, Faridkot House, Copernicus Marg, New Delhi, PIN 110001. Tel.No. 23384012 Fax No. 23384863 E-Mail: firstname.lastname@example.org, email@example.com.
The Chairpersons of the National Commission for Minorities, the National Commission for the Scheduled Castes, National Commission for the Scheduled Tribes, and the National Commission for Women, are the Deemed Members of the Commission for the discharge of various functions.
An officer of the rank of the Secretary to the Government of India who shall be the Secretary-General of the Commission and also be the Chief Executive Officer of the Commission, exercises such powers and discharges such functions of the Commission (except judicial functions and the power to make regulations under section 40 B), as may be delegated to him/her by the Commission or the Chairperson as the case may be.
Such police and investigative staff under an officer not below the rank of a Director General of Police and such other officers and staff as may be necessary for the efficient performance of the functions of the Commission.
The Commission may also appoint such other administrative, technical and scientific staff as it may consider necessary.
STATEHUMAN RIGHTS COMMISSION: A State Government may also 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. The headquarters of the State Commission shall be at such place as the State Government may, by notification, specify.
Constituents of the State Human Rights Commission: The State Commission of a State consists 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 to human rights.
And an officer of the rank of the Secretary to the State Government, who shall be the Secretary-General of the State Commission and also be the Chief Executive Officer of the Commission, exercises such powers and discharge such functions of the State Commission as it may delegate to him
Such police and investigative staff under an officer not below the rank of an Inspector General of Police and such other officers and staff as may be necessary for the efficient performance of the functions of the State Commission.
The State Government in this behalf, the State Commission may appoint such other administrative, technical and scientific staff as it may consider necessary.
Two or more State Governments may appoint a Common Chairperson or Member of a State Commission, as the case may be, with the consent of theirs, to act under his designation for such States simultaneously, subject to such appointment shall be made after obtaining the recommendations of the Committee referred to in sub-section(1) of section 22 of the Act.
Similar Nature of Functions of the Commissions:
(a) inquire into violations of human rights or negligence in the prevention of such violation by a public servant, either suo motu or on a petition presented to it;
(b) intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court;
(c) visit any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates and make recommendations
(d) 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;
(e) review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures
(f) study treaties and other international instruments on human rights and make recommendations for their effective implementation
(g) undertake and promote research in the field of human rights
(h) 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;
(i) encourage the efforts of NGOs and institutions working in the field of human rights.
(j) such other function as it may consider it necessary for the protection of human rights.
The Commission may, for the purpose of conducting any inquiry into a Human Right violation matters or any other case, may carry out investigation and may utilise the services of any officer or investigation agency of the Central Government or any State Government with the concurrence of the Central Government or the State Government, as the case may be.
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 and List lll in the Seventh Schedule to the Constitution of India.
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:
Provided further that in relation to the Jammu and Kashmir Human Rights Commission, this sub-section shall have effect as if for the words and figures “List ll and List lll in the Seventh Schedule to the Constitution”, the words and figures “List lll in the Seventh Schedule to the Constitution as applicable to the State of Jammu and Kashmir and in respect of matters in relation to which the Legislature of that State has power to make laws” had been substituted.
Audit of Commission’s Accounts: The Accounts of the Commissions i.e. National Commission and State Commissions are being audited by the Comptroller and Auditor-General of India.