Protection of Human Rights Act 1993
Chapter V :
State Human Rights Commissions :
Section 21 :
Constitution of State Human Rights Commissions :
(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.
1.[(2) The State Commission shall, with effect from such date as the State Government may by notification specify, consist of
(a) a Chairperson who has been a 2.[Chief Justice or a Judge] 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 among persons having knowledge of or practical experience in matters relating to human rights.]
(3) There shall be a Secretary who shall be the Chief Executive Officer of the State Commission and 3.[shall, subject to control of the Chairperson, exercise all administrative and financial powers of the State Commission].
(4) The headquarters of the State Commission shall be at such place as the State Government may, by notification, specify.
(5) 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 III 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:
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 II and List III in the Seventh Schedule to the Constitution, the words and figures List III 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 has been substituted.
4.[(6) Two or more State Governments may, with the consent of a Chairperson or Member of a State Commission, appoint such Chairperson or, as the case may be, such Member of another State Commission simultaneously if such Chairperson or Member consents to such appointment:
Provided that every appointment made under this sub-section shall be made after obtaining the recommendations of the Committee referred to in sub-section (1) of section 22 in respect of the State for which a common Chairperson or Member, or both, as the case may be, is to be appointed.]
5.[(7) Subject to the provisions of section 12, the Central Government may, by order, confer upon the State Commission the functions relating to human rights being discharged by the Union territories, other than the Union territory of Delhi.
(8) The functions relating to human rights in case of Union territory of Delhi shall be dealt with by the Commission.]
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1. Substituted for sub-Section (2) by Act 43 of 2006, Section 12 (w.e.f. 23.11.2006).
2. Substituted for “Chief Justice” by Act No. 19 of 2019, section 5 dated 27.7.2019.
3. Substituted for “shall exercise such powers and discharge such functions of the State Commission as it may delegate to him” by Act No. 19 of 2019, section 5 dated 27.7.2019.
4. Inserted by Act 43 of 2006, Section 12 (w.e.f. 23.11.2006).
5. Inserted by Act No. 19 of 2019, section 5 dated 27.7.2019.
