Lok Sabha Question No. 235 (STARRED), answered on 2016-05-10
Subject: State Human Rights Commissions
Ministry: HOME AFFAIRS
Asked by: CHANDRA PRAKASH JOSHI, SUNIL KUMAR SINGH

GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS

LOK SABHA STARRED QUESTION NO.*235 TO BE ANSWERED ON THE 10 TH  MAY, 2016/VAISAKHA 20, 1938 (SAKA)

STATE HUMAN RIGHTS COMMISSIONS

*235. SHRI CHANDRA PRAKASH JOSHI: SHRI SUNIL KUMAR SINGH:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) whether State Human Rights Commissions (SHRCs) have been set up in all the States in the country and if so, the details thereof;

(b) if not, the names of States which have not set up SHRC along with the steps taken to set up SHRC in all the States;

(c)  whether  the  Union  Government  is  satisfied  with  the  performance  of such Commissions; and

(d) if so, the details thereof and if not, the corrective steps taken by the Union Government in this regard?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI KIREN RIJIJU)

(a) to (d): A Statement is laid on the Table of the House.

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## STATEMENT IN REPLY TO THE LOK SABHA STARRED QUESTION NO.*235 FOR 10.05.2016.

(a): State  Human Rights Commissions (SHRCs) have been set up in 26 States out of 29 States. Details are given below:-

(i) Independently in 23 States i.e. (1)Assam, (2)Bihar, (3)Chhattisgarh, (4)Goa, (5)Gujarat, (6)Haryana, (7)Himachal Pradesh, (8)Jammu & Kashmir, (9)Jharkhand, (10)Karnataka, (11)Kerala, (12)Madhya Pradesh, (13)Maharashtra, (14)Manipur, (15)Odisha, (16)Punjab,  (17)Rajasthan,  (18)Sikkim,  (19)Tamil  Nadu,  (20)  Tripura, (21)Uttarakhand, (22) Uttar Pradesh and (23)West Bengal have SHRCs; (ii) Andhra Pradesh & Telangana are having a combined State Human Rights Commission,

(iii)  Meghalaya  has  notified  the  constitution  of  State  Human  Rights Commission but it has not been established.

(b): Three States i.e. Arunachal Pradesh, Mizoram and Nagaland have not set  up  State  Human  Rights  Commission.  The  National  Human  Rights Commission has requested these State Governments to establish SHRCs at  an  early  date  and  the  Central  Government  has  also  written  to  the States concerned to expedite the setting up of SHRCs.

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## L.S.S.Q.NO.*235 FOR 10.05.2016

(c) & (d): As per Section 21 of the Protection of Human Rights Act, 1993, it  is  for  the  State  Governments  to  constitute  State  Human  Rights Commissions (SHRCs). The State Commissions are to facilitate and assist the State Government concerned in fulfilling their constitutional obligations  and  responsibilities  for  protecting  and  promoting  the  human rights of the citizens.  As the jurisdiction of these Commissions has been specified  by  the  Protection  of  Human  Rights  Act,  1993,  the  details  of complaints received by each of the SHRCs are not maintained by Union Government.

As  per  Section  28  (2)  of  the  Protection  of  Human  Rights  Act,  1993, the State Government shall cause the annual and special reports of the State Commission to be laid before each House of State Legislature where it consists of two Houses, where such Legislature consists of one House, before that House along with a memorandum of action taken or proposed to  be  taken  on  the  recommendations  of  the  State  commission  and  the reasons for non-acceptance of the recommendations if any.

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