A State Government may establish a body known as the Human Rights Commission of that State to exercise the powers and perform the functions assigned to a State Commission.

Composition:

Members should be:

i) A serving or retired judge of a High Court or a District Judge in the state with a minimum of seven years experience as District judge.

ii) A person who has practical experience or knowledge in the field of human rights.

The governor appoints the chairperson and other members based on the recommendations of a committee headed by the Chief Minister, the speaker of the Legislative Assembly, the state home minister, and the leader of the opposition in the Legislative Assembly. In the event that the state has a legislative council, the chairman and leader of the opposition would also be members of the committee.

The chairperson and members serve for five years or until they reach the age of 70, whichever comes first. They are not eligible for further employment with the state or federal governments after their tenure is completed. However, subject to the age limit, the chairman or a member is eligible for another term on the commission.

Functions:

These functions of the SHRCs are to:

1. Inquire suo motu or on a petition presented to it, by a victim, or any person on his be into complaint of:

2. Violation of human rights or abetment thereof;

3. Negligence in the prevention of such violation by a public servant.

4. Intervene in any proceeding involving any allegation of violation of human rights, per before a Court with the approval of such Court.

5. Visit under intimation to the State Government, any jail or any other institution under the control of the State Government where persons are detained or lodged for purposes of treatment, reformation or protection to study the living conditions of the inmates and make recommendations thereon.

6. Review the safeguards provided by or under the constitution of any law for the time being in force for the protection of human rights and recommend measures for their effective implementation.

7. Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures.

8. Undertake and promote research in the field of human rights.

9. Spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the n seminars and other available means.