The Supreme Court on Monday sought responses from the National Human Rights Commission (NHRC), the Central government and various States on a plea alleging that several State Human Rights Commissions (SHRCs) remain vacant, understaffed or defunct [Association of Retired Judges of Supreme Court and High Courts of India v NHRC and Ors.].
A Bench comprising Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana issued notice on the petition filed by the Association of Retired Judges of the Supreme Court and High Courts of India.
The petition before the Court seeks directions to the Union and State governments to ensure that the SHRCs are properly staffed and are able to function under the Protection of Human Rights Act, 1993 (which provides for bodies to inquire into complaints of human-rights violations).
The petitioners relied on the 2015 Supreme Court judgment in DK Basu v. State of West Bengal, in which the Court held that filling vacancies in SHRCs was not merely an option for governments but a duty. In that judgment, the Court had directed governments to fill existing vacancies of Chairpersons and Members within three months. Additionally, it had also order all future vacancies to be filled within three months of them arising.
"More than a decade has elapsed since those directions, yet the default persists across the country," states the petition.
According to the plea, several States continue to have vacant posts of Chairpersons and Members, while some SHRCs have allegedly remained non-functional for prolonged periods.
The petitioners' analysis of the 28 State commissions claims that 10 States do not have a permanent Chairperson, 3 SHRCs are defunct, 7 do not have a judicial Member, and 16 do not have a non-judicial Member.
The plea also alleges that 23 States have not made their SHRCs' annual reports available online.
Under the 1993 law, these reports are meant to record the commissions' work and be placed before the respective State legislatures. The petition says only 5 States, Goa, Maharashtra, Punjab, Sikkim and Uttarakhand, had annual reports publicly available.
The petition further raises concerns over a shortage of administrative and investigative staff in the SHRCs. It relies on Section 27 of the Protection of Human Rights Act, which requires State governments to provide the commissions with necessary officers, police and other staff.
The plea has also raised questions over the National Human Rights Commission (NHRC) transferring complaints to SHRCs that are allegedly not functional.
The petition cites the NHRC's 2023-24 annual report to state that 239 cases were transferred to the Andhra Pradesh SHRC and 144 cases to the Jharkhand SHRC. It submits that both commissions did not have functioning Chairpersons and Members at the relevant time.
The plea further argues that transferring a complaint to a commission that cannot function may leave the complainant without an effective forum to pursue the complaint.
The plea further highlights prolonged vacancies in individual States. It states that the Chairperson's post in the Uttar Pradesh SHRC has been vacant since June 4, 2024, while the post of judicial Member fell vacant in June 2026.
In Andhra Pradesh, the petition alleges that the SHRC has been without a Chairperson, Members and key administrative officials since March 2024, leaving more than 10,000 complaints unaddressed.
Among other reliefs, the petition seeks directions for:
Filling all existing vacancies of Chairpersons and Members in State Human Rights Commissions.
Reviving non-functional SHRCs and replacing prolonged arrangements where Acting Chairpersons continue in office.
Adequate administrative and investigative staff for the commissions.
Publication of annual reports by all SHRCs.
A direction to the NHRC not to transfer complaints to non-functional SHRCs, and to disclose the status of complaints already transferred to them.
Regular monitoring by the Supreme Court of compliance with its directions, rather than closing the matter after passing an order.
Functional and updated SHRC websites containing details of their composition, vacancies and annual reports.
The petition was drafted by advocate Anchal Kanthed and filed by advocate Srishti Agnihotri on behalf of the Association of Retired Judges of Supreme Court and High Courts of India.