HUMAN RIGHTS

MEANING OF HUMAN RIGHTS

Human beings are born equal in dignity and rights. These are moral claims which are
inalienable and inherent in all individuals by virtue of their humanity alone, irrespective of
caste, colour, creed, and place of birth, sex, cultural difference or any other consideration.
These claims are formulated in what is today known as human rights. Human rights are
sometimes referred to as fundamental rights, basic rights, inherent rights, natural rights and
birth rights.

DEFINITION OF HUMAN RIGHTS

Dr. Justice Durga Das Basu defines “Human rights are those minimal rights, which every
individual must have against the State, or other public authority, by virtue of his being a
„member of human family‟ irrespective of any consideration. Durga Das Basu‟s definition
brings out the essence of human rights.

The Universal Declaration of Human Rights (UDHR), 1948, defines human rights as “rights
derived from the inherent dignity of the human person.” Human rights when they are
guaranteed by a written constitution are known as “Fundamental Rights” because a written
constitution is the fundamental law of the state.

CHARACTERISTICS AND NATURE OF HUMAN RIGHTS

Following are the characteristics of human rights:

1. Human Rights are Inalienable - Human rights are conferred on an individual due to
the very nature of his existence. They are inherent in all individuals irrespective of
their caste, creed, religion, sex and nationality. Human rights are conferred to an
individual even after his death. The different rituals in different religions bear
testimony to this fact.

2. Human Rights are essential and necessary - In the absence of human rights, the moral,
physical, social and spiritual welfare of an individual is impossible. Human rights are
also essential as they provide suitable conditions for material and moral upliftment of
the people.

3. Human Rights are in connection with human dignity - To treat another individual with
dignity irrespective of the fact that the person is a male or female, rich or poor etc. is
concerned with human dignity.

4. Human Rights are Irrevocable: Human rights are irrevocable. They cannot be taken
away by any power or authority because these rights originate with the social nature
of man in the society of human beings and they belong to a person simply because he
is a human being. As such human rights have similarities to moral rights.
 5. Human Rights are Necessary for the fulfillment of purpose of life: Human life has a
purpose. The term “human right” is applied to those conditions which are essential for
the fulfillment of this purpose.

6. Human Rights are Universal – Human rights are not a monopoly of any privileged
class of people. Human rights are universal in nature, without consideration and
without exception. The values such as divinity, dignity and equality which form the
basis of these rights are inherent in human nature.

7. Human Rights are never absolute – Man is a social animal and he lives in a civic
society, which always put certain restrictions on the enjoyment of his rights and
freedoms. Human rights as such are those limited powers or claims.

8. Human Rights are Dynamic - Human rights are not static, they are dynamic. Human
rights go on expanding with socio-eco-cultural and political developments within the
State. Judges have to interpret laws in such ways as are in tune with the changed
social values.

9. Rights as limits to state power - Human rights imply that every individual has
legitimate claims upon his or her society for certain freedom and benefits. So human
rights limit the state‟s power. These may be in the form of negative restrictions, on the
powers of the State, from violating the inalienable freedoms of the individuals, or in
the nature of demands on the State, i.e. positive obligations of the State. For eg. Six
freedoms that are enumerated under the right to liberty forbid the State from
interfering with the individual.

THE EVOLUTION OF HUMAN RIGHTS

The evolutions of human rights have taken place over centuries. Man had to struggle hard in
order to achieve the ultimate goal – living with dignity – which still has to be realized in
various societies. India itself is an example where women, children, dalits, bonded labourers,
etc, is trying hard to be a part of mainstream. Inspite of all these, the world recognized the
U.N.Charter of 1945 which states that human rights are inalienable aspect of mankind. The
origin of human rights may be traced to the theory of Natural Rights derived from the concept
of Natural Law, as propounded by ancient Greek Stoic Philosophers and further developed by
Thomas Hobbes and John Locke. The American and French Revolution gave further impetus
to the struggle of human rights. The evolution and development of human rights in the
international context can be traced to the Magna Carta and the English Bill of Rights
followed by the French Declaration and the American Bill of Rights.

The twentieth century witnessed the crystallization of the philosophy of Human Rights when
the United Nations adopted the UN Charter, 1945, The Universal Declaration of Human
Rights, 1948 and the International Covenants on Human Rights with further emphasis to
protection of rights of Women, Abolition of Slavery, Racial Discrimination, Civil and
Political Rights, Economic, Social and Cultural Rights and most importantly the Rights of
children. In India the drafters of Constitution took care to incorporate Human Rights for its
own citizens as well as for the aliens.

THE NATURAL RIGHTS THEORY

Though the expression „human rights‟ had its origin in international law, which is not older
than the World War II, the concept of an individual having certain basic, inalienable rights as
against a sovereign State had its origin in the doctrines of natural law and natural rights.
Thomas Hobbes (1588 – 1679), John Locke (1632 – 1704) and Jean-Jacques Rousseau (1712
– 1778) are the three main thinkers who developed the Natural Rights theory.

Thomas Hobbes was the first champion of the theory of „natural rights‟. In his celebrated
book, „Leviathan‟, he advocated that no individual could ever be deprived of the right to life,
which he enjoyed in the state of nature. He asserted that all human beings are equal, without
any consideration.

John Locke developed the idea further in his book, „Two Treatises Government.‟ He argued
that every human being has a natural right to life, personal liberty, and property, and that no
governmental authority has power to deprive individuals of these rights because they had
enjoyed them even before the creation of the civil or political society.

Rousseau is regarded as the greatest master of natural law school. In his celebrated book,
„The Social Contract‟, Rousseau states that “All men are born free but everywhere they are in
chains.” Rousseau proclaimed that men are bestowed with inalienable rights of liberty,
equality and fraternity. These concepts became the basis for the French Declaration of the
Rights of Man and of the Citizen.

Paine an American revolutionary thinker developed the doctrine of natural rights without
linking it to the social contract theory. He held that rights are natural, because they were
bestowed upon man by God himself. These rights exist independently of the legal code of any
country

LANDMARKS IN DEVELOPMENT OF HUMAN RIGHTS

The Magna Carta, 1215.

The Magna Carta, also known as the Great Charter, of 1215 is the most significant
constitutional document of all human history. The main theme of it was protection against the
arbitrary acts by the king. The 63 clauses of the Charter guaranteed basic civic and legal
rights to citizens, and protected the barons from unjust taxes. The English Church too gained
freedom from royal interferences. King John of England granted the Magna Carta to the
English barons on 15th June 1215. The king was compelled to grant the Charter, because the
barons refused to pay heavy taxes unless the king signed the Charter.

The English Bill of Rights, 1689.

The next source and avenue of the development of the philosophy of human rights is the
English Bill of Rights, enacted on December 16, 1689, by the British Parliament. The British
Parliament declared its supremacy over the Crown in clear terms. The English Bill of Rights
declared that the king has no overriding authority. The Bill of Rights codified the customary
laws, and clarified the rights and liberties of the citizens.

It lays down the twin foundations, viz., the supremacy of the law, and the sovereignty of the
nation, upon which, the English constitution rests.

American Declaration of Independence, 1776

The first colonies to revolt against England were the thirteen States of America. These states
declared their independence from their mother country on 4th July 1776. The declaration
charges the king with tyranny and affirms the independence of the American colonies. The
declaration of independence has great significance in the history of mankind as it justified the
right to revolt against a government that no longer guaranteed the man‟s natural and
inalienable rights.

The U.S. Bill of Rights, 1791

The U.S. Constitution was enacted on 17th September 1787. The most conspicuous defect of
the original constitution was the omission of a Bill of Rights concerning private rights and
personal liberties. Madison, therefore proposed as many as twelve amendments in the form of
Bill of Rights. Ten of these were ratified by the State legislatures. These ten constitutional
amendments came to be known as the Bill of Rights. The overall theme of the Bill of Rights
is that the citizen be protected against the abuse of power by the officials of the States.

The French Declaration of the Rights of Man and of the Citizen, 1789

The fall of Bastille and the abolition of feudalism, serfdom and class privileges by the
National Assembly ushered France into a new era. On 4th August 1789, the National
Assembly proclaimed the Rights of Man and of the Citizens. The Rights were formulated in
17 Articles.

The Declaration of the Rights of Man and of the Citizen has far reaching importance not only
in the history of France but also in the history of Europe and mankind. The declaration served
as the death warrant for the old regime and introduced a new social and political order,
founded on the noble and glittering principles. Further the declaration served as the basis for
many Constitutions, framed in different countries, where the framers gave top priority to
human rights.

Declaration of International Rights of Man, 1929

After World War I, questions about human rights and fundamental freedoms began to be
raised. In 1929, the Institute of International Law adopted the Declaration of International
rights of Man. The Declaration declared that fundamental rights of citizen, recognized and
guaranteed by several domestic constitutions, especially those of the French and the U.S.A
constitutions, were in reality meant not only for citizens of the states but for all men all over
the world, without any consideration .
The UN Charter, 1945.

The United Nations Charter was drafted, approved and unanimously adopted by all the
delegates of the 51 states, who attended the United Nations Conference at San Francisco. The
UN Charter contains provisions for the promotion and protection of human rights. The
importance of the Charter lies in the fact that it is the first official document in which the use
of „human rights‟ is, for the first time traceable and which also recognized the respect for
fundamental freedom.

The Universal Declaration of Human Rights, 1948

The Universal Declaration of Human Rights was adopted by the General Assembly of the
United Nations on 10th December, 1948. The Declaration consists of thirty Articles and
covers civil, political, economic, social and cultural rights for all men, women and children.
The declaration however is not a legally binding document. It is an ideal for all mankind.

International Covenants on Human Rights

The Universal Declaration of Human Rights, 1948 was not a legally binding document. It
lacked enforcements. This deficiency was sought to be removed by the U.N. General
Assembly by adopting in December, 1966, the two Covenants, viz

1. International Covenant on Civil and Political Rights and

2. International Covenant on Economic, Social and Cultural Rights.

The two International Covenants, together with the Universal Declaration and the Optional
Protocols, comprise the International Bill of Human Rights. The International Bill of Human
Rights represents a milestone in the history of human rights. It is a modern Magna Carta of
human rights.

CLASSIFICATIONS OF RIGHTS

Human rights can be broadly classified on five bases. They are:

 Civil Human Rights
 Political Human Rights
 Economic Human Rights
 Social and Cultural Human Rights
 Development Oriented Human Rights

a. The seventeenth, eighteenth and nineteenth centuries contributed and strengthened the civil
and political rights, which assured civil and political liberties. The Civil and Political Human
Rights are collectively known as „Liberty Oriented Human Rights‟ because they provide,
protect and guarantee individual liberty to an individual against the State and its agencies.
Liberty rights also referred to as Blue Rights are the First Generation of Human Rights.

b. The twentieth century contributed to the development and strengthening of economic,

social and cultural rights and the rights of minorities as well. These rights aim at promotion
of the economic and social security through economic and social upliftment of the weaker
sections of the society. These rights are essential for dignity of personhood as well as for the
full and free development of human personality in all possible directions.
These rights ensure a minimum of economic welfare of the masses and their basic material
needs, recognized by the society as essential to civilized living.

The economic, social and cultural rights, including the rights of the minorities are collectively
known as the “Security Oriented Human Rights” because these rights collectively provide
and guarantee the essential security in the life of an individual. In the absence of these rights,
the very existence of human beings would be in danger. These are also known as the “Second
Generation of Human Rights”. They are also referred to as Red Rights or also as positive
rights. These rights along with the Civil and Political Rights were declared by the Universal
Declaration of Human Rights and later were recognized by (1) the Covenant on Civil and
Political Rights and (2) the Covenant on Economic, Social and Cultural Rights in December
1966.

c. The Development Oriented Human Rights are of a very recent origin in the late twentieth
century. These rights enable an individual to participate in the process of all round
development and include environmental rights that enable an individual to enjoy the
absolutely free gifts of nature, namely, air, water, food and natural resources, free from
pollution and contamination. These are known as the Third Generation of Human Rights or
Green Rights. They are also called as Solidarity Rights, because their implementation
depends upon international cooperation.

Solidarity rights are of special importance to developing countries, because these countries
want the creation of an international order that will guarantee to them the right to
development, the right to disaster relief assistance, the right to peace and the right to good
government.

Rights for Citizens and for all persons.

All human rights can be further classified into two distinct classes on the basis of the
eligibility of individual, who can exercise them as under:

1. The rights for citizens and

2. The rights for all persons Certain rights are conferred only on citizens. For eg. In the Indian
constitution provisions in Articles 15, 16, 19 and 29 are limited to citizens. The remaining
provisions in Part III of the Indian Constitution are applicable to citizens and aliens alike.
 HUMAN RIGHTS IN INDIA

India has a robust legal framework for the protection and promotion of human rights. The
Indian Constitution includes several provisions related to human rights, including the
following:

Right to Equality: The Indian Constitution guarantees the right to equality before the law,
the prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth,
and the right to equal opportunity in matters of employment.

Right to Freedom: The Constitution guarantees the right to freedom of speech and
expression, the right to assemble peacefully and without arms, the right to form associations
or unions, the right to move freely throughout the country, and the right to practice any
profession or to carry on any occupation, trade or business.

Right against Exploitation: The Constitution prohibits all forms of forced labor and human
trafficking. It also prohibits the employment of children below the age of 14 years in
hazardous industries.

Right to Freedom of Religion: The Constitution guarantees the freedom of conscience and
the right to freely profess, practice and propagate religion.

Cultural and Educational Rights: The Constitution guarantees the right of all communities
to conserve their language, script, and culture, and the right of minorities to establish and
administer educational institutions of their choice.

Right to Constitutional Remedies: The Constitution provides for the right to constitutional
remedies for the enforcement of fundamental rights. This means that citizens can approach
the courts to seek redressal for any violation of their fundamental rights.

Apart from these constitutional provisions, India has also enacted several laws and
established institutions for the protection and promotion of human rights. Some of the notable
institutions are the National Human Rights Commission, State Human Rights Commissions,
and the National Commission for Women.

India got its independence in the year 1947, just a year before the UDHR was adopted. The
founding fathers of Indian constitution were all aware that India‟s freedom struggle had taken
place in the context of the demand for basic human rights. Yet economic backwardness of the
country would make it impossible to immediately satisfy all the aspirations of people. So,
they adopted a pragmatic approach. They described certain rights as “fundamental rights” and
laid down certain other rights as fundamental duties of a citizen were also enumerated.

The Supreme Court of India is the guarantor of the rights according to the Constitution. The
court takes into account fundamental duties while interpreting the constitutional right.

FUNDAMENTAL RIGHTS IN INDIAN CONSTITUTION

Rights are classified mainly in three broad categories: (a) Civil (b) Political (c) Economic and
Social. Fundamental Rights in India recognize certain civil rights. Certain Political and
Economic and Social rights are recognized by other provisions in the Constitution. In Part III,
the Indian constitution provides a number of rights to individual. These rights have been
called “Fundamental Right”. The expression “Fundamental” shows that these rights are basic
right.

The Supreme Court of India recognizes Fundamental Right as “natural right”. Chief Justice
Patanjali Shastri has referred to fundamental right as “those great and basic right which are
recognized and guaranteed as the natural right inherent in the status of a citizen of a free
country”. Chief Justice Subha Rao states that “fundamental rights are the modern name for
what has been traditionally known as natural right”.

DESCRIPTION OF FUNDAMENTAL RIGHTS

Singh and Shukla describe the nature of Fundamental Right in the Indian Constitution, thus;
“A fundamental right, as defined in the Constitution, differ from a non- fundamental right in
one vital respect; a fundamental right (subject to the qualification defined in the Constitution
itself) is inviolable in the sense that no law, ordinance, custom, usage or administrative order
can abridge or take away a fundamental right. A law which violates any of the fundamental
right is void. They are binding on the legislature as well as the Executive. A fundamental
right cannot be taken away even by a constitution amendment if it forms the basic structure of
the Constitution.

Exhaustive enumeration of fundamental right: Part III, of the Indian Constitution

exhaustively enumerates the fundamental right. Therefore, the Parliament cannot incorporate
any additional fundamental Right. Any expansion of such rights must rest on judicial
interpretation.

Fundamental rights are enshrined in Articles 12-35 of the Constitution. Brief overviews of the
fundamental rights are made as follows.
 FUNDAMENTAL RIGHTS

The various civil and political human rights and also the economic, social and cultural human
rights have been guaranteed by the Constitution of India and re-christened as the
“Fundamental Rights”.

The provisions of Part III of the Constitution (Arts. 12 – 35) enshrine the Fundamental
Rights, which are more elaborate than those of any other existing written constitutions
dealing with Fundamental Rights. The constitution as amended by Forty fourth Amendment
Act, 1979, classifies Fundamental Rights under the six categories. The fundamental rights are
elaborated as follows:

Article 12 defines the “State” as “In this part, unless the context otherwise requires, “the
State” includes the Government and Parliament of India and the Government and the
Legislature of each of the States and all local or other authorities within the territory of India
or under the control of the Government of India.”

Article13 lays down certain restriction on violating fundamental right. The important
significance of this provision lies in the fact that it makes explicit provision for judicial
review of legislative enactments and executive actions as to their conformity with guaranteed
fundamental rights.

RIGHT TO EQUALITY (ARTICLES 14 – 18)

The five articles that cover the right to equality are

a. Equality before law and equal protection of law – Article 14

Article 14 consists of two parts namely equality before law and equal protection of the laws.
Equality before law means that no individual should be given any special privilege by the
state. Equal protection of the laws means the right to equal treatment in equal circumstances.
Equality before the law also means treating unequal unequally. For example, the Supreme
Court has recommended that the „creamy layer‟ of the Other Backward Classes‟ (OBC)
should not be given the benefit of reservation.

b. Prohibition of discrimination on ground of religion, race, caste, sex or place of birth -

Article15
There are four aspects of this right mentioned in following Clauses of this Article.

Prohibition of discrimination - Article15, Clause (1): This article prohibits the state
from discrimination against any individual or group of individuals. The principle of
non – discrimination is based on equality and dignity.

Access to public places - Article15, Clause (2): This right provides that no citizen can
be denied access to public places, places of entertainment or the use of wells, tanks,
and roads that are maintained out of State funds.

Protective laws for women and children - Article15, Clause (3): A positive
discrimination for women and children is made in the Indian context. Thus provision
for reservation for women, free education for children etc. is provided.

Reservation for backward classes – Article15, Clause (4): The constitution recognizes
the Scheduled Caste, Scheduled Tribes and Other Backward Classes as weaker
sections of the population. It authorizes the state to make special provisions for the
advancement of these sections of the society.

c. Equality of opportunity in matters of public Employment - Article16:

The aim of article 16 of Indian Constitution is to provide equal opportunity to all

citizens in employment offered by the state or its agencies. This article has five
clauses

Equality of opportunity – Article 16, Clause (1 )

wherein it is stated that equality of opportunity should be given to all citizens in

matters relating to employment or appointment to any office under the state.

Prohibition of discrimination - Article 16, Clause (2)

This clause prohibits discrimination on grounds only of religion, race, caste, sex,
descent, and place of birth, residence or any of them in respect of any employment of
the state.

Residential requirements - Article 16, Clause (3)

It allows the Parliament to make laws that require residential (domicile) requirements
in a State for public employment or appointment.

Protective laws - Article 16, Clause (4)

 This Clause allows the Parliament to make protective laws for appointment of
backward classes of citizens who are not adequately represented in the services of the
state.

Preference to certain persons in religious institutions - Article 16, Clause (5)

This clause prescribes that the Parliament can make laws which require only a person
professing a particular religion to be appointed in a body or institution of that religion.
For example, a Hindu can only be appointed as a priest in a Hindu temple.

d. Abolition of Untouchability - Article17

This is a unique article that has been incorporated only in the Constitution of India.
Article 17 declares that not only Untouchability has been abolished but it also makes
any practice and propagation of Untouchability in any form punishable in accordance
with the law.

e. Abolition of Titles - Article18

The Clause of the Article prohibits the State from conferring any title at all upon any
person. However the State is not prevented from awarding military distinctions, such
as Mahavir Chakra, Param Vir – Chakra etc. for honoring men for their acts of valour
or academic distinctions.

II. RIGHT TO FREEDOM (ARTICLES 19 – 22)

a. Six fundamental freedoms - Article19

Article 19 (1), as amended by the Constitution (Forty Fourth) Amendment Act, 1979,
guarantees to all citizens the following six freedoms:

i. Freedom of speech and expression

ii. Freedom of peaceful assembly

iii. Freedom of forming associations or unions

iv. Freedom of movement throughout the territory of India

v. Freedom of residence and settlement in any part of the territory of India, and

vi. Freedom of profession, occupation, trade or business.

b. Protection in respect of conviction for offences - Article20

This right guarantees protection in respect of conviction for offences, to those accused
of crimes. There are three clauses to this article.
 (i) Protection against ex – post, facto legislation – It means that a person cannot be
punished under such a law, for his actions which took place before the passage of the
law.

(ii) Protection against double punishment – it says that no person shall be prosecuted
for the same offence more than once.

(iii) Protection against self incrimination – this clause states that no person accused of
an offence shall be compelled to be a witness against himself.

c. Protection of life and personal liberty - Article21

Article 21 of the Indian Constitution recognizes the right to life and personal liberty.
It provides that “no person shall be deprived of his life or personal liberty except
according to procedure established by law.”

d. Protection against arrest and detention in certain cases. - Article22

The provisions of Article 22 are complimentary to those of Article 21. Article 22 has
two parts; the first part consisting of clauses (1) and (2), deals with persons, who are
arrested under ordinary criminal law and the various rights, they are entitled to; and
the second part consisting of the remaining clauses (3) to (7), is concerned with
persons, who are detained under a law of preventive detention.

III. RIGHT AGAINST EXPLOITATION (ARTICLES 23-24)

a. Prohibition of traffic in human beings and forced labour - Article23

The article prohibits traffic in human beings and „begar‟ and other similar forms of forced
labour.

b. Prohibition of employment of children - Article24

Article 24 of the constitution prohibits child labour. Children below fourteen years of age
cannot be employed in any factory or mine or in any other hazardous employment.

IV. RIGHT TO FREEDOM OF RELIGION (ARTICLES 25 – 28)

a. Freedom of Conscience and Religion - Article25

Article25 reflects the spirit of secularism and recognized freedom of religion to everyone in
India.

b. Freedom to manage religious affairs - Article26

It recognizes the right of every religious order to establish and maintain institutions
for religious and charitable purposes and manage its own affairs in matters of religion.

c. Freedom as to payment of taxes for promotion of any particular religion - Article27

The state shall not compel any person to pay any taxes for the promotion of
maintenance of any particular religion or religious denomination.

d. Freedom to attend religious instruction in education Institution - Article28

This article prohibits imposition of religious beliefs by educational institutions on

those who are attending them.

Taken together the four Articles (25 to 28) establish the secular character of democracy.

V. CULTURAL AND EDUCATIONAL RIGHTS (ARTICLE 29)

a. Cultural right of the individual as well if minorities - Article29

This Article states that every section of the society has the right to conserve its
distinct language, script or culture.

b. Right of minorities to establish and administer Educational institution - Article30

The State cannot discriminate in granting aid to any educational institution on the
ground that it is under the management of a religious or linguistic minority.

VI. RIGHT TO CONSTITUTIONAL REMEDIES (ARTICLE 32)

Article 32 provides for the Constitutional Remedies, under which, one can move the Supreme
Court for the enforcement of the Fundamental Rights and this provision itself is made one of
the Fundamental rights. This is something unique. Dr. Babasaheb Ambedkar considered it as
the very heart and soul of the constitution.
Fundamental Right - Article35

By the 44th Amendment Act, 1978, the right to property was eliminated from the list of
Fundamental Right. However though it is not a fundamental right, it is still a constitution at
right. It is also a human right. This was recent ruling by the Supreme Court, while dismissing
an appeal filed by the Karnataka Financial Corporation Challenged a State High Court order.

National Human Rights Commission

The National Human Rights Commission or NHRC is a standalone entity of the Government
of India with the mission of promoting and protecting human rights. It is a statutory body
mentioned in the Constitution of India that was established in 1993 under the „Protection of
Human Rights Act.‟ This act was further amended in 2006. It has the power to investigate
complaints of human rights violations, conduct inquiries, visit places of detention, and review
and recommend improvements to existing laws and policies.

The NHRC also works to promote awareness of human rights and provides support to victims
of human rights violations. It has the authority to make recommendations to the government
and other authorities for the protection of human rights.

The NHRC is an important institution in ensuring the protection of human rights in India and
plays a vital role in addressing human rights violations and promoting justice and
accountability.

State Human Rights Commissions

State Human Rights Commissions (SHRCs) are statutory bodies established by the respective
state governments in India to promote and protect human rights within their jurisdiction.
These commissions are modeled after the National Human Rights Commission (NHRC) and
are guided by the Protection of Human Rights Act, 1993.

The main functions of the SHRCs are as follows:

Inquire into complaints of human rights violations: The SHRCs have the power to inquire
into complaints of human rights violations within their respective states. They can also take
suo-motu cognizance of cases based on media reports or other sources of information.

Recommend action to be taken: After conducting an inquiry, the SHRCs can recommend to
the state government and/or concerned authorities the action to be taken in order to redress
the human rights violation.
Monitor human rights situations: The SHRCs can monitor human rights situations within
their states and take proactive measures to prevent violations from occurring.

Conduct awareness programs: The SHRCs can conduct awareness programs to promote
human rights and educate people about their rights and the mechanisms available for their
protection.

The SHRCs are headed by a retired judge of a High Court and have members from various
fields such as law, human rights, social work, and administration. The Commission has the
power of a civil court while conducting an inquiry and can summon witnesses, call for
evidence, and produce documents. The SHRCs can also recommend interim relief to the
victims of human rights violations.

As of March 2023, all 28 states and 8 Union Territories in India have established their own
SHRCs.