State Human Rights Commissions in India Explained

A State Human Rights Commission (SHRC) is a statutory body set up by a state government under the Protection of Human Rights Act, 1993 to inquire into violations of human rights within the state and to recommend remedies. It works alongside the National Human Rights Commission (NHRC) and deals with the matters that fall within the legislative competence of the state, such as policing, prisons and public order.

An SHRC is headed by a retired judge of a High Court and has the powers of a civil court while inquiring into complaints, but its findings are recommendations and not binding orders. This explainer covers the legal basis, composition, appointment, powers, jurisdiction and limits of State Human Rights Commissions, and how they relate to the NHRC. It was last reviewed on 12 October 2026.

Key Takeaways

• A State Human Rights Commission is created under Chapter V of the Protection of Human Rights Act, 1993, and each state government decides whether to constitute one.
• The chairperson of a State Human Rights Commission must be a person who is or has been a Chief Justice or Judge of a High Court, following the 2019 amendment to the Act.
• Members of a State Human Rights Commission are appointed by the Governor on the recommendation of a committee that includes the Chief Minister, the Speaker of the Legislative Assembly, the state Home Minister and the Leader of the Opposition.
• A State Human Rights Commission cannot inquire into an alleged violation that is more than one year old, and it cannot take up a matter already being looked into by the National Human Rights Commission.
• A State Human Rights Commission has the powers of a civil court for summoning witnesses and requiring documents, but its conclusions are recommendations that the state government considers and responds to.
• A State Human Rights Commission can act on a complaint or on its own motion (suo motu), and it can visit jails and other institutions under state control.

What is a State Human Rights Commission and why was it created?

A State Human Rights Commission is the state-level institution for protecting and promoting human rights, created to give people a forum close to home to complain about violations by public servants. The Protection of Human Rights Act, 1993 followed the Paris Principles of 1991, which set international standards for national human rights institutions, and it came after concern about custodial deaths and abuse of authority.

The Act created the NHRC at the national level and allowed states to set up their own commissions. The Act defines human rights as the rights relating to life, liberty, equality and dignity of the individual that are guaranteed by the Constitution or embodied in international covenants and enforceable by courts in India. The state commissions therefore enforce no new rights but investigate violations of existing ones.

The creation of an SHRC is the choice of the state government, which establishes it by notification. Most states have done so, and where a commission exists it is a permanent body with its own staff and an investigation wing.

What law governs State Human Rights Commissions?

State Human Rights Commissions are governed by the Protection of Human Rights Act, 1993 (PHRA), mainly Chapter V, which covers Sections 21 to 29. The Act was amended in 2006 and again by the Protection of Human Rights (Amendment) Act, 2019.

The key provisions are:

• Section 21 provides for the constitution of an SHRC, its chairperson and its members.
• Section 22 provides for the committee that recommends the appointments.
• Section 23 provides for the removal of the chairperson or a member.
• Section 24 provides for the term of office.
• Section 29 applies many of the NHRC’s provisions on functions, powers and procedures to the SHRC.
• Section 30 allows state governments to designate Human Rights Courts at district level, in consultation with the Chief Justice of the High Court.
• Section 36 sets limits on matters the commission can look into.

The 2019 amendment widened the eligibility for the chairperson, shortened the term, and made other changes in the law.

Who can be the chairperson and members of an SHRC?

The chairperson of an SHRC can be any person who is or has been a Chief Justice or Judge of a High Court. Before the 2019 amendment the Act required a person who had been a Chief Justice of a High Court, and the change enlarged the pool of eligible persons to include High Court judges.

The Act also provides for two members:

• One member who is or has been a Judge of a High Court, or a District Judge in the state with at least seven years of experience as a District Judge.
• One member chosen from persons having knowledge of, or practical experience in, matters relating to human rights.

The SHRC also has a Secretary, who is the chief executive officer and who exercises the powers delegated by the chairperson. The investigation wing is typically staffed by police and other officers on deputation, and a senior police officer commonly leads it. The state government must provide the commission with the officers and staff it needs.

How are the members of an SHRC appointed?

The Governor of the state appoints the chairperson and members of an SHRC, acting on the recommendation of a committee under Section 22 of the Act. The committee is the main safeguard for the appointment process and brings together the executive and the opposition.

Where a sitting Judge of a High Court or a sitting District Judge is to be appointed, the Governor must first consult the Chief Justice of the High Court. The Act also states that an appointment cannot be invalidated merely because of a vacancy in the committee.

What is the term of office and how can a member be removed?

The chairperson and members of an SHRC hold office for three years or until they reach the age of 70, whichever is earlier, under the 2019 amendment. Earlier the term was five years. The law allows a person to be reappointed, but no one can hold office beyond the age of 70.

The Governor appoints, but only the President can remove a chairperson or member, and the removal follows an inquiry by the Supreme Court. Under Section 23, the President may remove the person on the grounds of proved misbehaviour or incapacity after the Supreme Court, on a reference from the President, has held an inquiry and reported that the person ought to be removed. The President can also remove a person who:

• is adjudged an insolvent;
• engages, during the term of office, in paid employment outside the duties of the office;
• is unfit to continue because of infirmity of mind or body.

This procedure is designed to protect the independence of the commission from the state government that created it. On leaving office, a chairperson or member is barred from further employment under the Government of India or a state government.

What functions does an SHRC perform?

An SHRC performs functions of inquiry, review and promotion in relation to human rights within the state. Section 29 applies the functions listed in Section 12 of the Act to the SHRC, limited to the subjects on which the state legislature can make laws.

The principal functions are:

• Inquiring, on a petition or on its own motion, into a violation of human rights or negligence in preventing such a violation by a public servant.
• Intervening in court proceedings involving allegations of human rights violation, with the approval of the court.
• Visiting jails, lock-ups and other state-run institutions where people are detained or lodged for treatment, reformation or protection, and studying the living conditions of the inmates.
• Reviewing the safeguards provided by the Constitution or any law for the protection of human rights and recommending measures.
• Studying international instruments on human rights and making recommendations for their effective implementation.
• Promoting human rights literacy and awareness among the public, and encouraging the efforts of non-governmental organisations.

The SHRC also submits an annual report to the state government, which is then placed before the state legislature along with a memorandum on the action taken or proposed.

What powers does an SHRC have?

An SHRC has all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, when it inquires into a complaint. These powers are given to the commission by Section 13 of the Act, which Section 29 applies to the state bodies.

The civil court powers include:

• Summoning and enforcing the attendance of witnesses and examining them on oath.
• Requiring the discovery and production of any document.
• Receiving evidence on affidavits.
• Requisitioning a public record or copy from any court or office.
• Issuing commissions for the examination of witnesses or documents.

Proceedings before the commission are deemed judicial proceedings for the purposes of the Indian Penal Code provisions on false evidence, and the commission is deemed a civil court for certain purposes of the Code of Criminal Procedure. The commission can also use the services of any officer or investigating agency of the state government, with that government’s concurrence, to investigate a matter. It may not use these powers over matters outside its territorial and subject jurisdiction.

What is the jurisdiction of an SHRC?

The jurisdiction of an SHRC is limited to violations of human rights relating to subjects in List II (State List) and List III (Concurrent List) of the Seventh Schedule to the Constitution. Matters that fall exclusively in the Union List, such as the central armed forces and defence, lie outside its reach.

Two important restrictions apply under Section 36 of the Act:

• An SHRC cannot inquire into any matter that is pending before the NHRC or another statutory commission.
• An SHRC cannot inquire into any matter after the expiry of one year from the date on which the act constituting a human rights violation is alleged to have been committed.

Union territories are handled through a different arrangement under the Act as amended in 2019, and the national commission looks after matters in many of them. In practice, the SHRC mainly receives complaints against the state police, jail administration, hospitals, revenue officials and other state bodies. Cases of custodial violence, police inaction, denial of public services and the rights of prisoners are among the common categories.

How can a person file a complaint with an SHRC?

A person can file a complaint with an SHRC by sending a written petition describing the alleged violation to the commission, and most state commissions also accept complaints online or by email. There is no fee, and a lawyer is not required. The complaint can be written in English, Hindi or the regional language of the state, and relatives or organisations can file on a victim’s behalf.

The usual steps are as follows:

• The complainant submits a petition with names, dates, places and supporting documents.
• The commission examines whether it has jurisdiction and whether the one-year limit and other conditions are met.
• If it accepts the complaint, it can call for a report from the authority concerned, summon witnesses or order an inquiry through its investigation wing.
• After inquiry, the commission makes its findings and recommendations.

Complaints that are anonymous, vague, pending before a court, or that relate to service matters between an employee and employer are generally not entertained under the commission’s regulations. The commission can also act on media reports or other information without a formal complaint.

Are the recommendations of an SHRC binding?

The recommendations of an SHRC are not binding, because the Protection of Human Rights Act, 1993 gives the commission the power to recommend, and not to enforce. After an inquiry, Section 18 (applied through Section 29) allows the commission to recommend several remedies to the state government or authority:

• Payment of compensation or damages to the victim or family.
• Initiation of proceedings for prosecution or other action against the person responsible.
• Grant of immediate interim relief to the victim.
• Approaching the High Court or the Supreme Court for directions or orders.

The state government or authority must send its comments on the report, along with the action taken or proposed, to the commission within one month or such further time as the commission allows. The commission then publishes its report together with the comments. In practice most recommendations are accepted, but non-compliance has been a recurring concern and has led to calls for stronger enforcement. Courts can be approached when a recommendation is not followed, and the High Court can order action under its writ powers.

How is an SHRC different from the NHRC?

An SHRC differs from the NHRC mainly in its territorial reach and in the persons who head it. The NHRC covers the whole country and is headed by a former Chief Justice of India or a former Judge of the Supreme Court, whereas an SHRC covers one state and is headed by a former High Court judge.

The two bodies complement each other. If a matter is before the NHRC, the SHRC does not take it up, and the NHRC may also transfer a complaint to the relevant SHRC. Neither body is an appeal court for the other, and neither can punish those it finds responsible.

Bottom Line

A State Human Rights Commission offers a free, accessible and quasi-judicial forum for complaints against state authorities, headed by a retired High Court judge and armed with the powers of a civil court. Its strength lies in its independence, visits and inquiries, while its main limit is that its findings are recommendations that depend on the cooperation of the state government.

Frequently Asked Questions

What is a State Human Rights Commission?

A State Human Rights Commission is a statutory body created by a state government under the Protection of Human Rights Act, 1993 to inquire into human rights violations within the state. It is headed by a person who is or has been a High Court judge and has two other members. It works alongside the National Human Rights Commission.

Who appoints the chairperson of an SHRC?

The Governor of the state appoints the chairperson of an SHRC, acting on the recommendation of a committee. The committee is headed by the Chief Minister and includes the Speaker of the Legislative Assembly, the state Home Minister and the Leader of the Opposition. In states with a Legislative Council, its Chairman and the Leader of the Opposition in the Council are also members.

Can an SHRC enforce its orders?

An SHRC cannot enforce its findings because they are recommendations to the state government or authority concerned. The authority must report back on the action taken within one month or the extended time allowed. If a recommendation is ignored, the matter can be taken to the High Court.

What is the time limit for filing a complaint with an SHRC?

A complaint must be made within one year of the alleged violation, as Section 36 of the Protection of Human Rights Act, 1993 bars the commission from inquiring into older matters. The limit applies to the date on which the act constituting the violation is alleged to have been committed. A complaint after this period is generally not entertained.

Which matters can an SHRC look into?

An SHRC can look into human rights violations on subjects in the State List and the Concurrent List of the Seventh Schedule. Typical matters include police excesses, custodial deaths, prison conditions and denial of public services by state bodies. It cannot take up matters that fall only under the Union List or that are already before the NHRC.

Does it cost anything to approach an SHRC?

Approaching an SHRC does not cost anything, as there is no fee for filing a complaint and a lawyer is not required. A complaint can be sent in writing in English, Hindi or the state’s language, and many commissions also accept complaints online. The commission can also take suo motu cognizance of a violation reported in the media.

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