Human rights in Jammu and Kashmir trace their antecedents to the Dogra rule when the National Conference (NC) presented the ''Naya Kashmir Charter'' in 1944 to establish a welfare state. An important feature of this plan was the inclusion of a Bill of Rights. The charter also provided that all residents of the state would be entitled to legal protection of their rights by the courts of law. The administration of justice was to be quick, cheap and impartial. The fundamental rights chapter of the Indian constitution also applies to J&K. Part IV of the J&K Constitution deals with the directive principles of state policy. These three documents provide the institutional base for human rights in J&K.

In India, the movement for protection of human rights began during British rule. India is also a signatory to the Universal Declaration of Human Rights and other international treaties that oblige India to respect human rights. The Indian Parliament passed the Protection of Human Rights Act, 1993, on January 1994. According to section 21(1) of the protection of the Human Rights Act, 1993, a state government may constitute a body called SHRC to exercise the powers conferred, and to perform the functions assigned to state human rights commission under chapter V of the act.

However, human rights became a matter of national and international concern with the rise of armed militancy in 1990. Various international human rights organizations like Amnesty International, Asia Watch, ICRC and the World Press highlighted human right violations in Jammu and Kashmir. In addition, the human rights situation was highlighted by non-governmental human rights organizations like the Andhra Pradesh Civil Liberties Committee, Hyderabad, Committee for Protection of Democratic Rights, Mumbai, and People's Union for Democratic Rights, New Delhi, to provide a democratic norm and protect the civil rights of the people. Thus, during the NC's rule in January 1997, the state cabinet decided that a permanent J&K Human Rights Commission would be established under the Protection of Human Rights Act, No XV of 1997.

No doubt, the establishment of this Commission was a step forward in building an institution for the protection and governance of human rights. The Commission has been constituted to protect individuals against discrimination. Hence, the precise function and powers of the Commission have been defined in the concerned act. Important functions of the SHRC are inquiry into complaints; review of existing laws; improving jail conditions and other health institutions; encouraging the efforts of NGOs working and creating awareness among various sections of society to undertake, and promote research in human rights and such other functions as it may consider necessary for the promotion of human rights. Unfortunately, the state government does not take the SHRC seriously. It lacks basic infrastructure like adequate staffers, and independent research division and investigating agency as mentioned in sub-clause (b) of sub-section (i) of section 11 of the act. This clause provides that the government shall make available to the Commission investigating staff under an officer not below the rank of Inspector General of police, and such other officers and staff as are necessary for the efficient performance of its functions. Its role has been limited to merely seeking reports from the police department in J&K.

The masses, particularly those living in rural areas are ignorant about the activities of the Commission. Justice Ali Mohd Mir, the new chairperson of SHRC, has made a statement that he would step down if the state government failed to implement its recommendations; however, these do not have binding powers over the state government. The government should be liberal in implementing the recommendations of the commission.

During Mufti's rule, Muzaffer Hussain Beig, the law & finance minister said there was a need for conferring legal authority to the commission to improve the human rights situation in the state, but nothing has happened so far. Unless the state government provides the SHRC with legal authority, it cannot work. Hopefully, the Congress-led government headed by Gulam Nabi Azad, will take serious steps in this direction.