Andhra Pradesh State Human Rights Commission

Last updated
Andhra Pradesh State Human Rights Commission
Jurisdictional structure
Federal agency India
Operations jurisdiction India
General nature
Operational structure
HeadquartersAndhra Pradesh State Guest House, Kurnool, Andhra Pradesh
Agency executives
  • Justice Mandhata Seetharama Murti, Chairman
  • Shri Sri Dande Subramanyam, Member
Website
Official website

Andhra Pradesh State Human Rights Commission is a statutory organisation created as per "The Protection of Human Rights Act of 1993 for India" for the state of Andhra Pradesh to inquire into human rights violations for subjects referred in the state list and concurrent list mentioned in the seventh schedule of the constitution of India. The chairman and other members of the Andhra Pradesh State Human Rights Commission are appointed by The Governor of the state on the recommendations of a committee having the Chief Minister of the state as its head, and other members include, Legislative Assembly speaker of the state, home minister in State Government and the leader of the opposition in the state Legislative Assembly. In the states having legislative council, The chairman of legislative council and the leader of the opposition of legislative council would also be the members forming part of the committee.

Contents

History and Objective

Andhra Pradesh State Human Rights Commission was created as per the Protection of Human Rights Act of 1993 [1] with provisions to inquire into violation of human rights related to concurrent list in the seventh schedule of the Indian constitution [2] and subjects covered under Andhra Pradesh state list. [3] [4]

Andhra Pradesh State Human Rights Commission temporary office was inaugurated in Kurnool in September 2021. [5] [6]

Composition

Andhra Pradesh State Human Rights Commission as per Human Rights (Amendment) Act, 2006 should consist of at least three members including a chairperson, [6] who should be a retired Chief Justice of any Indian High Court. [3] [7] [8] [9]

The other members should be: [10]

(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 having practical experience or knowledge related to human rights.

Andhra Pradesh State Human Rights Commission chairperson and other members are appointed by The Governor of the state on the recommendations of a committee having the Chief Minister of the state as its head, and other members include, Legislative Assembly speaker of the state, home minister in State Government and the leader of the opposition in the state Legislative Assembly.In the states having legislative council, The chairman of legislative council and the leader of the opposition of legislative council would also be the members forming part of the committee. [11]

The term of the chairperson and members of the commission is fixed for three years or until attainment of the age of 70 years, whichever is earlier. The members including chairman will not be eligible to take up any employment under the state government or the central government after the completion of their term in the commission, excluding the eligibility for another term in the commission subject to the attainment of the prescribed age limit.

Justice Mandhata Seetharama Murti, is the current chairman of Andhra Pradesh State Human Rights Commission. [5]

Functions

Andhra Pradesh State Human Rights Commission is created with below functions, according to the protection of Human Rights Act, 1993: [3]

Andhra Pradesh State Human Rights Commission has below powers:

• Powers to regulate its own procedure.

• All the powers of a civil court and with its proceedings being judicial.

• Call for details of information or report from the state government or any other authority subordinate to them.

• Powers to require any person who is subject to any privilege which may be claimed under any law for the time being in force, to furnish information on points or matters useful for, or relevant to the subject matter of inquiry.

• The commission can look into a matter within one year of its occurrence.

Limitations

Andhra Pradesh State Human Rights Commission has limited powers and functions as they are subject to only advising, and does not have power to punish the violators of human rights or award any relief including monetary, to the victim.

The recommendations of Andhra Pradesh State Human Rights Commission are not binding on the state government or authority, except that the commission should be informed about the action taken by the state government on its recommendation within one month from the date of complaint.

See also

Related Research Articles

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References

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