15.6 The State of Uttar Pradesh, with the maxlmum number of custodial deaths and other
human rights violations In the past years, has withdrawn Its earlier decision to constitute a
State Human Rights Commission. In a recent notification, the State Governmerit said that
Yhe desirability of constltutlng a State Human Rlghts Commitidon was considered extensively
by the State Government and it has been decided that the constitution of an Uttar Pradesh
State Human Rights Commiasion is not necessary". It will be recalled that the State had
earller decided to set up such a Commission, based on suggestions made by the then
Chairperson of the NHRC and the views expressed by the Allahabad High Court. Indeed, a
notification had even been issued in this regard on 4 April 1996 under Section 219(1) of the
Protection of Human Rights Act, 1993,
15.7 The decision d the UP Gowrnment to rescind the notifition has been contested in
the courts, and the matter is at present pending before the High Court d Allahabad. The
Commission appeals to the Government of Uttar Pradesh to restore the status quo ante and
constitute a State Human Rights Commission at the earlisst.
The Commission balieves that, in consickrring whether or not to set-up State Human
Rights Commissions, the concerned Governments should be g u i e b y the view that individuals
in a democracy should be helped to realize In full measure the rights conferred on them by the
Constitution and have speedy m w r e e to justice when their rights are violated. The Commission
therefore once again urges State Governments to estaMish Human Rights Commissions where
they do not yet exist. For Ib part, the Commission will render its fullest support to such
institutions once they are established. The Commission intends to pursue this matter with the
State Governments. It also recommends, however, that this i m e receive the attention of the
Central Government and the leadership of political parties at the highest level.
15.8
15.9 The Chief Minister of Meghalaya has informed Commission that instances of violations
in his State have been very few. He has also referred to the serious financial constraints being
faced by smali States in the North Eastern region and stated that the additional financial
burden to set up State Human Rlghts Commissions is more than what such States can bear
individually. He has therefore, concluded that it is not viable to set up a separate Human
Rights Commission for each State alone. Instead, he had mquested that the possibility be
examined of setting up a joint Human Rights Commbsion For all the States of North-East
India, including Assam, on the pattern of the Quwahatl High Court. The Chairperson has
requested the Chief Mlnlster, Meghalaya to explore the pmaibility of utilislng the services of
the Chairperson of the Assarn Human Rights Commission to function also as the Chairperson
of a Meghalaya Human Rlghts Commission, as has been done in the case of the Manipur
Human Rights Commission.
15.10 The Commission held a meeting with the Chairpersons and Members of the State