STATE HUMAN RIGHTS COMMISSIONSCentral

Section 21 of The Protection of Human Rights Act, 1993

(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--
1. (a)a Chairperson who has been a 2[Chief Justice or a Judge] of a High Court;
2. (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;
3. (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: 4* * * * * 5[(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.] 6[(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, 7[other than Union territory of Delhi, Union territory of Jammu and Kashmir and Union territory of Ladakh].
(8)The functions relating to human rights in case of 8[Union territory of Delhi, Union territory of Jammu and Kashmir and Union territory of Ladakh] shall be dealt with by the Commission.]

Summary

State Governments are empowered to constitute State Human Rights Commissions to exercise powers and perform functions assigned to them under the Act.
A State Commission consists of a Chairperson (who has been a High Court Chief Justice or Judge) and two other Members with specific judicial or human rights qualifications.
One Member of the State Commission must be or have been a High Court Judge or a District Judge with at least seven years of experience, while the other is appointed for their practical knowledge of human rights.
A State Commission is only authorized to inquire into human rights violations related to subjects under List II (State List) and List III (Concurrent List) of the Seventh Schedule to the Constitution.
A State Commission is strictly prohibited from investigating a matter if it is already being inquired into by the National Commission or any other legally constituted commission.
Two or more State Governments may appoint a common Chairperson or Member to serve simultaneously, subject to their consent and the recommendations of the selection committees of those states.

Practical examples

1On August 14, 2024, the State Government of Maharashtra decides to establish its own human rights body. It appoints Justice Ramesh Patil, a retired Judge of the Bombay High Court, as the Chairperson under Section 21. For the second seat, they select Suresh Joshi, who has served as a District Judge for exactly eight years, which meets the seven-year minimum requirement.

2On October 10, 2024, an activist in Punjab files a complaint with the Punjab State Human Rights Commission regarding bad living conditions in state-run prisons. Since prisons fall under the State List of the Seventh Schedule, and the National Human Rights Commission is not currently investigating this specific Punjab prison, the Punjab State Commission takes up the inquiry under Section 21.

3On January 12, 2025, the State Governments of Haryana and Himachal Pradesh agree to share a common human rights expert, Dr. Anita Sen, as a Member of both State Commissions. Dr. Sen gives her written consent, and both states obtain recommendations from their respective selection committees under Section 22 to make the joint appointment possible.

FAQ

1. What are the qualifications to be appointed as the Chairperson of a State Human Rights Commission under Section 21 of The Protection of Human Rights Act, 1993?

Under Section 21 of The Protection of Human Rights Act, 1993, the Chairperson of a State Commission must be a person who has been either the Chief Justice or a Judge of a High Court.

2. What areas of law can a State Human Rights Commission investigate under Section 21 of The Protection of Human Rights Act, 1993?

Under Section 21 of The Protection of Human Rights Act, 1993, a State Commission can only investigate human rights violations that relate to subjects in List II (State List) and List III (Concurrent List) of the Seventh Schedule to the Constitution of India.

3. Can a State Human Rights Commission investigate a case that is already being looked into by the National Commission under Section 21 of The Protection of Human Rights Act, 1993?

No, under Section 21 of The Protection of Human Rights Act, 1993, a State Commission is strictly barred from investigating any matter that is already being inquired into by the National Human Rights Commission or any other legally constituted commission.

4. Can two states share the same human rights members or chairperson under Section 21 of The Protection of Human Rights Act, 1993?

Yes, under Section 21 of The Protection of Human Rights Act, 1993, two or more State Governments can appoint the same Chairperson or Member to serve on their commissions simultaneously, provided the person consents and the selection committees under Section 22 of both states recommend the appointment.

5. Who handles human rights complaints for Union Territories like Delhi, Jammu and Kashmir, and Ladakh under Section 21 of The Protection of Human Rights Act, 1993?

Under Section 21 of The Protection of Human Rights Act, 1993, the National Human Rights Commission deals directly with human rights functions for the Union territory of Delhi, the Union territory of Jammu and Kashmir, and the Union territory of Ladakh.

Test yourself

Q1.Under Section 21 of The Protection of Human Rights Act, 1993, which of the following is a mandatory qualification for the judicial Member of a State Human Rights Commission?

Q2.Under Section 21 of The Protection of Human Rights Act, 1993, what happens if a complaint regarding a human rights violation in a state-run hospital is already being actively investigated by the National Human Rights Commission?

Q3.Under Section 21 of The Protection of Human Rights Act, 1993, when two State Governments decide to appoint a common Chairperson to serve both states simultaneously, how must the appointment be made in relation to Section 22?

Q4.Under Section 21 of The Protection of Human Rights Act, 1993, how is the scope of the State Commission's inquiry function under Section 12 restricted?

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