Fifteen
State Human Rights Commissions and
Human Rights Courts
15.1 The Proection of" Human Rights Act, 1993, envisages the setting up of State
Human Rights Commissions, because, being nearer to the people of the respective Slates,
they should be aale to provide speedier and less expensive redressal of grievances. The
National Humaa Rights (Commission, for its part, has therefore been urging the early
establishment o State Human Rights Commissions in all States.
15.2 Successive Chairpersons have, accordingly, both written to and spoken with the
Chief Ministers of States, impressing on them the need to set up Human Rights
Commissions. Or 31 March 2000, the position was as follows:
□ State Hunen Rights Commissions had been established in Assam, Himachal
Pradesh, Jammu 8c Kashmir, Kerala, Manipur, Madhya Pradesh, Punjab, Rajasthan,
Tamil Nadi and West Bengal.
□ TTie States )f Bihar, Maharashtra and Orissa had issued ncHifications constituting
State Human Rights Commissions. However, these had not yet been established.
15.3 The Natior-al Human Rights Commission has observed with some concern, that
though by 31 Man h 2000, two to three months had passed since notifications were issued
by Bihar, Mahara^tra and Orissa, the respective State Governments had not taken the
concrete steps rec^ired to make the Commissions functional. Further, while Rajasthan
had issued its notiication on 18 January 1999, the appointment of the (Chairperson and
members was macx; only in March 2000.
15.4 As regards Uttar Pradesh, it will be recalled that the State Government issued a
notification to estaolish a State Human Rights Commission on 4 April 1996. However,
given the delay in ^tually constituting the State Commission, a PlLwas filed in the High
Court of Allahabac in September 1998. Tlie NHRCC became a pait)- to the PIL and was
represented by Shr: A.D. Giri. During the pendency of the \sTit petition, the Government
of Uttar Pradesh proceeded to cancel the notification issued under Section 21(1) of the
Protection of Huitan Rights Act, 1993 with a view to rendering the writ petition
infructuous. The Hi^h Court, however, took serious objection to this, and in Mairh 2000,