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STATE HUMAN RIGHTS COMMISSIONS AND HUMAN RIGHTS
COURTS
A country of the size and diversity of India needs Human Rights Commissions
at the State level.. The reasons are obvious: the redressal of grievances must be swift
and inexpensive, the message of human rights must reach the grass-root ievel in the
languages of the people of the country, the federal character of our Constitution must
be respected; the nation-wide challenge needs an army of activists in each State and
in each district, ii:societal and attitudinal changes are to be brought about.
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The Commission has therefore been urging the early establishment of State
Human Rights Commissions and it was gratified to see that the C o m m ~ nMinimum
Programme of the United Front Government included an item to this effect.
The position now is as follows: State Human Rights Commissions have been
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established in West Bengal, Himachal Pradesh, Madhya Pradesh, Assam and Tamil
Nadu, in that order. Uttar Pradesh has notified the constitution of a Commission, but
appointments to the post of Chairperson and Members have not yet been made. The
Government of Jammu & Kashmir has passed legislation to establish a State Human
Rights Commission and this has received the assent of the Governor; appointments
are to be announced. The Governments of Kerala and Punjab have informed this
Commission that the establishment of State-level Commission is under consideration.
With the increase in the number of State Commissions it is more important than
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ever before .to ensure that their work is carefully coordinated with that of this
Commission, and that confusion and duplication does not occur. Under Section 21(5)
of the Protection of Human Rights Act, 1993 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 Ill in the Seventh Schedule to the Constitution." Further,
Section 36(T) of the Act, states that the National Human Rights Commission "shall not
inquire into any matter which is
before a State Commission or any other
Commission duly c0nstitute.d under any law for the time-being in force."
Practical arrangements have thus been made to exchange information twice a
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month between this Commission and the State Commissions so that, depending upon
which Commission takes cognizance of a case earlier, the forum Is decided as to where
the matter should be pursued. Clearly, in the period ahead, such arrangements will
have to be kept under review.
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