Rajasthan Human Rights Commission

Rajasthan Human Rights Commission is a statutory body established to protect and promote human rights within the state, functioning under the framework of the Protection of Human Rights Act, 1993. In the subject of Rajasthan Polity, it plays a crucial role in addressing violations related to life, liberty, equality, and dignity of individuals. The Commission acts as a watchdog by inquiring into complaints, recommending remedial measures, and promoting awareness of human rights.

Rajasthan Human Rights Commission: Introduction and Establishment

Base: The Protection of Human Rights Act, 1993, passed by the Parliament.
State Human Rights Commission is known as a statutory, statutory and autonomous governing body.
Definition (Section 2-D): Human rights mean the rights related to life, liberty, equality, and dignity of a person mentioned in the Constitution or included in international covenants, which are enforceable by the court.

Major sections of the Human Rights Act 1993 and the Rajasthan State Human Commission

Formation and structure(Section – 21)

The constitution and structure of the State Human Rights Commission has been mentioned in Section 21.
Formation:- January 18, 1999
Active:- From March 2000 (by appointment of Chairman and four members)
The State Human Rights Commission is a multi-member body.
Initial (1993 Act): 1 full-time Chairman + 4 members.
Amended (2006 Act): 1 Chairman + 2 Members (This is the current provision).

According to the National Protection of Human Rights (Amendment) Act, 2019-

There has been no change in the number of members of the State Human Rights Commission.The number of members of the National Human Rights Commission was increased from 2 to 3 by the Central Government, in which 01 woman member was made mandatory.
Qualification of the Speaker (after 2019 amendment):
- Chairman: Retired Chief Justice or any other retired Judge of a High Court (earlier, only the Chief Justice was eligible).
- Member 1: High Court Judge (present or former) or District Judge (minimum 7 years experience)
Note:Consultation with the Chief Justice of the HC is necessary for the appointment of a serving/former judge or a District Court judge.
- Member 2: Expert in human rights matters.
Administrative Leadership: The Commission Secretary will not be an officer below the rank of Secretary to the State Government.
Investigation Agency: The Commission has its own investigation agency, headed by an Inspector General of Police (IGP) level officer.

Appointment of Chairman and Members(Section – 22)

The Chairman and members of the Commission are appointed by the Governor on the recommendation of the Selection Committee. The Selection Committee consists of –
1. Chief Minister (Chairman of the Committee)
2. State Home Minister
3. Speaker of the assembly
4. Leader of the Opposition in the Legislative Assembly
Note:- In the states which have Legislative Council, two additional members are included, who are respectively the Chairman of the Legislative Council and the Leader of the Opposition in the Legislative Council.
Oath: By the Governor or his appointee.

Removal process(Section-23)

The Governor appoints the Chairman and members of the State Human Rights Commission but the removal is done only by the President.
The President can remove him through the same process as the Chairman and members of the National Human Rights Commission.
The President removes the Chairman and members only if they are found guilty in the investigation process of the Supreme Court.
Apart from this, the President can remove the Chairman and members-
- If declared bankrupt
- Be mentally and physically disabled.
- Held any office of profit during the tenure.

Tenure(Section 24)

Currently –The tenure of the Chairperson and Members of the Protection of Human Rights (Amendment) Act, 2019 has been fixed at 3 years/70 years of age, whichever is earlier.
BasicallyThe tenure of the Chairman and members was fixed at 5 years/70 years, whichever is earlier.
The Chairperson and Members shall be eligible for reappointment if their age is less than 70 years.
After completion of the tenure of the Commission, the Chairman and other members cannot hold any government post under the Central Government or the State Government.
Resignation –The Chairman and Members may resign by writing under his hand addressed to the Governor. Their resignation shall take effect from the day it is accepted by the Governor.

Acting president(Section – 25)

In case of death, resignation or absence of the Chairman, the Governor can appoint one of the members as the acting Chairman.

Service conditions and salary allowances(Section – 26)

The State Government determines the salary, allowances and service conditions of the Chairman and members of the State Human Rights Commission.
No adverse changes are made in their salary and allowances during their tenure.
The salary of the Chairman and members is fixed at par with that of the Chief Justice and other judges of the High Court.
- Chairman – Rs 2.50 lakh
- Member – Rs 2.25 lakh

Section 27 (Officers and other staff):

The State Government will provide necessary staff including an officer of the rank of ‘Secretary’ and an Investigation Officer of the rank of ‘Inspector General’ (IGP) for the efficient discharge of the functions of the Commission.

Report of the Commission(Section 28)

The State Human Rights Commission submits its annual or special report to the State Government, which in turn presents it to the legislature.
This report states what steps the State Government has taken on the advice given by the Commission.
If any advice of the Commission is not accepted by the State Government, a reasoned reply is given for the same.
Note:The Secretary of the Commission is a Secretary level officer of the State Government.

Section 33 (Provision of Fund):

The State Government shall, out of the funds appropriated by the Legislature, make such grants to the Commission as it may consider necessary for carrying out the purposes of this Act.

Section 35 (Accounts and Audit):

The Commission will maintain proper accounts and its accounts will be audited by the Comptroller and Auditor General of India (CAG).

Section 39 (Being a public servant):

All members and officers of the Commission shall be deemed to be ‘public servants’ within the meaning of section 21 of the Indian Penal Code (IPC).

Section 40 (Power of Central Government to make rules):

The Central Government shall have exclusive power to make rules for carrying out the provisions of this Act.

Section 41 (Power of State Government/Commission to make rules):

The State Government may, by notification, make rules on matters relating to the administration of the powers and functions of the State Commission.

Role of the Commission

The Commission’s functions are primarily advisory in nature. It has no authority to punish individuals who violate human rights, nor to provide financial assistance to victims.
The advice of the Commission is not binding on the State Government or any other authority.
But it is important to provide information within one month about the steps taken on the advice given by the Commission.

State Human Rights Commission: Functions, Powers and Jurisdiction

Powers of investigation and intervention

Jurisdiction: The Commission can investigate human rights violations on subjects related to the State List and the Concurrent List.
Suo-motu: Apart from the application of the victim, the Commission can also take suo motu cognizance of news or information related to the incident and investigate it.
Judicial Intervention: The right to intervene or investigate, with the permission of any court, any human rights proceeding pending before it.
Deadline: The Commission can hear only cases within a period of 1 year (cases older than one year are outside its jurisdiction).
Power of the Court: The Commission has the powers of a civil court to perform its functions.

Monitoring and inspection work

Jails and prisons: Visiting prisons, correctional homes, mental hospitals or detention centers, studying the conditions there and recommending improvements in living conditions.
Constitutional Review: To review the constitutional and legal provisions made for the protection of human rights and to recommend their effective implementation.
Study of Constraints:mTo review all the factors, including terrorism, which create obstacles in the enjoyment of human rights and to suggest measures to prevent them.

Social and educational responsibility

Child rights: To ensure compulsory and free education to children up to the age of 14 years and to prevent exploitation of child labour and child prostitution.
Women and Child Welfare: To recommend providing 11 basic facilities for the welfare of mothers and children to lead a dignified life.
Health and Awareness: To address maternal anemia, congenital mental disabilities in children, and the rights of people living with HIV/AIDS.
Research and Education: To carry out research work in the field of human rights, to encourage them and to spread human rights education and increase awareness through media, seminars and other means.
Encouragement of NGOs: To promote the efforts of non-governmental organizations active in the field of human rights.

Public Interest and Special Security Area

Public Health and Pollution: Action on complaints related to pollution control, prevention of adulteration in food items and medicines and ban on expired medicines.
Social evils: Abolition of manual scavenging and investigation of cases of social exclusion on the basis of religion, caste or sub-caste.
Custody related matters: Preventing custodial deaths, rape and human abuse in police/prisons.
Human Rights Cell: Establishment of ‘Human Rights Cell’ at district headquarters.

Administrative and Investigation Structure

Investigation Agency:The Commission has its own investigation agency, headed by a police officer not below the rank of Inspector General of Police (IGP).
Powers of the Secretary (2019 Amendment): According to the Protection of Human Rights Act, 2019, the Secretary of the Commission exercises all administrative and financial powers under the control of the Commission. The Secretary of the Commission is an officer of the Indian Administrative Service (IAS) not below the rank of Secretary to the State Government.

Steps to be taken by the Commission after the investigation

Compensation recommendation: It can recommend to the concerned government or authority for payment or compensation for the loss suffered by the victim.
Interim Assistance: Can recommend immediate interim relief to the aggrieved person.
Action against the guilty public servant: If a public servant is found guilty in the inquiry, it may recommend initiation of Habeas Corpus proceedings or prosecution against him.
Judicial Asylum:The Commission may directly file a petition in the Supreme Court or the High Court for enforcement of any of its orders, directions or writs.

Chairman of Rajasthan State Human Rights Commission

S.No.	Name	Tenure (years)	Specifications
1.	Justice Mrs. Kanta Bhatnagar	2000	First President (minimum term)first LadyShe was also a judge of the Rajasthan High Court.
2.	Mr. Justice S. Sagheer Ahmed	2001 – 2004
3.	Justice Shri Amar Singh Godara	2004 – 2005	First Acting President
4.	Justice Shri N.K. Jain	2005 – 2010	Longest tenure (permanent)
5.	Justice Shri Jagat Singh	2010	acting president
6.	Shri Pukhraj Sirvi	2010 – 2011	acting president
7.	Shri H.R. Kudi	2012 – 2016	Longest-serving acting president
8.	Justice Shri Prakash Tatia	2016 – 2019
9.	Justice Shri Mahesh Chandra Sharma	2019 – 2021	acting president
10.	Shri Gopal Krishna Vyas	2021 – 2024
11.	Shri Ramchandra was born.	2024	Last Acting President
12.	Shri Ganga Ram Moolchandani	Continuously from 28.06.2024	Current President

Member of Rajasthan State Human Rights Commission

S.No.	Member’s name	Tenure (years)	Specifications
1	Justice Amar Singh Godara	2000 – 2005	Was the acting president.
2	Shri R.K. Akodiya	2000 – 2005
3	Shri B.L. Joshi	2000 – 2004
4	Professor Alam Shah Khan	2000 – 2003
5	Shri Namo Narayan Meena	2003 – 2004	Former Union Minister of State.
6	Justice Jagat Singh	2005 – 2010	Was the acting president.
7	Shri Dharam Singh Meena	2005 – 2010
8	Shri Pukhraj Seervi	2006 – 2011	Was the acting president.
9	Shri H.R. Kudi	2011 – 2016	Was the acting president.
10	Shri M.K. Devarajan	2011 – 2016
11	Justice Mahesh Chandra Sharma	2018 – 2021	Was the acting president.
12	Shri Mahesh Goyal	2021 – 2024
13	Justice Ramchandra Singh became	2023 – Present	Was the acting president.
14	Shri Ashok Kumar Gupta	2024 – present