State human rights commission and Its function under Indian human rights law.

1. state human rights
commission
NAME-SMIT SHAH
SUBJECT-HUMAN RIGHTS LAW
YEAR-5 YEAR
ROLL NUMBER-95
TOPIC- STATE HUMAN RIGHT COMMISSION UNDER HUMAN

2. What are the human rights?
 Human rights are the basic rights and freedom that every person in the in the
world is inherently entitled to.
 Every person by virtue of his or her being human possesses certain basic and
inalienable rights which is called as human rights, such rights are vested by
person with birth therefore it is also called birth rights, irrespective of his race,
religion, nationality, sex.
 As such rights are essential as they provide suitable condition for the condition
for the moral and material uplift of the people therefore it is also referred as
basic rights ,Fundamentals rights, inherent rights, natural rights, birth rights.

3. Definition
 According to the J.s Verma a former CJI ‘’human dignity is the summary of human rights. All those
rights which are essentials for the protection and maintenance of human dignity can be called
Human rights.
 According to Durga Das Basu” Human rights are those minimal rights which every individual must
have against the State, or other public authority, by virtue of his being a „member of human
family‟ irrespective of any consideration. Durga Das Basu’s definition brings out the essence of
human rights.
 The Universal Declaration of Human Rights (UDHR), 1948, defines human rights as “rights derived
from the inherent dignity of the human person.” Human rights when they are guaranteed by a
written constitution are known as “Fundamental Rights” because a written constitution is the
fundamental law of the state.
 Section 2 (d) of the Act defines "human rights" as "rights relating to life, equality and dignity of the
individual guaranteed by the Constitution or embodied in the International Covenants and
enforceable by courts in India".

4. how human right get into existence ,why it is
so much vital?
 Human right issue is very vital in world and in India also.
 Human rights is borne out from world war first and two. But after second world war human rights
demanded became stronger especially Germany Adolf Hitler mental and physical torture Jewish
people and USA throne nuclear bomb on Hiroshima Nagasaki and destroy human life of Japanese
people. So after second world war United nation was formed and in 1948 United nation declare
universal declaration of human rights.
 The situation of human rights in India is a complex one, as a result of the country's large size and
tremendous diversity, its status as a developing country, and its history as a former colonial territory. It is
often held, particularly by Indian human rights groups and activists, that members of the Dalit or
Untouchable caste have suffered and continue to suffer substantial discrimination. Although human rights
problems do exist in India, the country is generally not regarded as a human rights concern, unlike other
countries in South Asia.

5. INSTITUTIONS WHO PROTECT THE HUMAN
RIGHTS
 There are mainly three agencies in India who Protects the Human Rights.
 National Human Rights Commission .
 State Human Rights Commission

6. State human rights commission
 State Human Rights Commission is an autonomous public body
constituted on 12 October July, 2006.
 Home Department Notification No.GG/52/2006/HRC/1094/ GOI-I
(Part-2)/N Dtd.12/7/2006.

7.  As mentioned in section 21(5) of the Protection of Human Rights
Act, 1993, it require to look into violation of human rights in respect
of matters related to only of the entries enumerated in List-II (State
List) and List-III (Concurrent List) in the seventh schedule to the
article 246 of the Constitution, but the commission shall not inquire
into any matter which is pending before a State Commission or any
other commission duly constituted under any law for the time being
in force. [Section-36 (1)].On Constitution of the Gujarat State
Human Rights Commission, the State Commission has started
functioning from 12th September 2006.

8.  - From the language of the act it is clear that the establishment of
state commission is not mandatory but it is discretion of every
state.in many state there is a no state human rights commissiciting
on because of shockingly some state have openly declare that
their inability to set up a commission financial constraints or non
availability of judicial personnel as the main reason.

9.  The Constitution of the Commission dealt with in Chapter II of the Act. Section 21 of the Act says That
Commission shall consist of 4 members namely.
 -(a) A Chairperson who is former Chief Justice of the high Court;
 (b) One Member who is, or is former a judge of the High Court;
 (c) One Member who is, or is former judge/Magistrate of
district court.
 (d) Two members to be appointed from amongst persons having knowledge of, or
practical experience in, matters relating to human rights.
 These all members are appointed by the Governor of Gujarat on the recommendation of
a committee headed by Gujarat C.M. All members term is for 5 year or until age of 70
year whichever is earlier. On the ceasing the hold office such persons can not eligible for
get the job under central government or state governments .

10.  The Chairpersons of the State Commission for Minorities, the National
Commission for the Scheduled Castes and Scheduled Tribes and the State
Commission for Women shall be deemed to be Members of the Commission for
the discharge of functions specified in clauses (b) to (j) of section 12.
 Their headquarter at Gandhinagar.

11. Function of state Human Rights Commission
 To inquire , a petition presented to it by a Victim or any person on his behalf into
any complaint of
 To intervene in any proceeding involving any allegation of Violation of human
rights pending before a Court with the approval of High Court of Gujarat.
 To visit any jail or any other institution under the Control of State Government.
 To review the safeguards in force for the protection of Human Right.
 To study the treaties and other international instruments on human Rights and
make recommendations for its effective implementations.

12.  To Undertake and promote research in the field of Human Rights.
 To spread human right literacy among people.
 To promote awareness of the safeguards.
 To encourage the efforts of non-governmental organizations and institutions
working in the field of human rights.
 To submit annual report to the state government.