Maharashtra and Chattisgarh constitute State Human Rights Commissions

State Human Rights Commissions have been set up in the States of Maharashtra and Chattisgarh.

The notification of the Government of Maharashtra was issued on 15 January 2001 in accordance with the provisions contained in Chapter V, Section 21 of the Protection of Human Rights Act, 1993.

In a resolution passed by the Government of Maharashtra, it was observed that the promotion and protection of human rights of people in a civilised society is a matter of prime concern for any democratic government; it was also stated that, in spite of various constitutional and legal safeguards and institutional mechanisms for upholding the fundamental rights of the people, a number of complaints are being received about deprivation and infringement of human rights and that, in consideration of the recommendations made by the NHRC and the Government of India, the Government of Maharashtra had decided to set up a State Human rights Commission.

Justice Shri Arvind Sawant, who has been appointed to serve as Chairperson, heads the Maharashtra Human Rights Commission.

By a notification dated 25 April 2001, the Government of Chattisgarh has set up the Chattisgarh Human Rights Commission. The Chairperson of the Chattisgarh Human Rights Commission is Justice Shri K. M. Agarwal.

So far, twelve States have set up State Human Rights Commissions –Assam, Chattisgarh, Himachal Pradesh, Jammu & Kashmir, Kerala, Madhya Pradesh, Maharashtra, Manipur, Punjab, Rajasthan, Tamil Nadu, and West Bengal. The States of Orissa and Bihar have also issued notifications for the setting up State Human Rights Commissions in their respective States. However, these are yet to be formally established. All States, including the newly formed Uttaranchal and Jharkhand, have been requested by NHRC to set up State Human Rights Commissions.

In this regard, the Government of Uttar Pradesh had issued a notification as far back as 4 April 1996 to constitute a State Commission u/s 21 of the Act. However, no further action was taken to set up the Commission. The matter was brought before the High Court, Allahabad in September 1998. On 10 January 2000 the Court directed the Government of Uttar Pradesh to take expeditious steps, within three months from that day, for obtaining the recommendations of the statutory Committee constituted under section 22 (1) of the Act and to proceed to make the appointments in terms of section 21(2) and (3) of the Act.

Subsequently, on 12 May 2000 the Government of Uttar Pradesh filed an affidavit before the Court seeking extension of time by 3 months for complying with the directions of the Court. The State Government also averred therein: "the State Government, after due consideration, has since decided to set up State Human Rights Commission and further necessary action in this regard is being taken". However, even after the commitment before the High Court, the Uttar Pradesh State Human Rights Commission has not yet been set up.

The National Human Rights Commission has recommended that those State Government which have not yet constituted State Human Rights Commissions, should do so at the earliest. It is of the view that not all the State Human Rights Commissions that have been established are being supported with adequate staff and financial resources. The Commission believes that the State Governments must ensure that all State Human Rights Commissions, wherever they have been constituted, are provided the backing that is essential to their proper functioning. It is essential that all the Commissions meet the high standards expected of them by the people of the country and fulfill the purposes envisaged for them under the Protection of Human Rights Act 1993.