Ratio decidendi:

1. Mandatory constitution of State Human Rights Commissions (SHRCs): The word "may" in Section 21(1) of the Protection of Human Rights Act, 1993, must be construed as "shall" or mandatory, as it confers a power coupled with a duty, given the Act's purpose of protecting human rights, international obligations, access to justice under Article 21, and the scheme vesting SHRCs with powers akin to the National Human Rights Commission (NHRC) for inquiries, awareness, and promotion of human rights. States cannot evade this obligation due to discretion, financial constraints, or small size; they must constitute SHRCs (using Section 21(6) for joint setups if needed), especially in high-violation areas. (!) (!) [1000570890006][1000570890007][1000570890008][1000570890009][1000570890010][1000570890011][1000570890012][1000570890013][1000570890014][1000570890015][1000570890016] (!)

2. Filling vacancies in SHRCs: Vacancies in posts of Chairperson or Members must be filled expeditiously (within 3 months of occurrence or from the order date for existing ones) to keep SHRCs functional, as dysfunctional commissions defeat the Act's object; proactive processes should start in advance where possible.[1000570890021][1000570890022] (!) (!)

3. Reaffirmation of arrest/detention guidelines: The 11 requirements issued in the 1997 judgment (e.g., identification tags, arrest memo with witness, informing friend/relative, medical exams, diary entries, documents to magistrate, lawyer meetings, control room notices) remain binding as preventive measures against custodial abuse until legislated. (!) (!) [1000570890032] (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)

4. Prosecutions in custodial deaths/injuries: Where inquiry establishes culpability of custody officials for death, injury, or torture, appropriate criminal proceedings (e.g., under IPC Sections 302/304) must be initiated without fail.[1000570890029] (!)

5. Other supportive measures: States should notify Human Rights Courts per Section 30; install CCTV in prisons (within 1-2 years) and consider phased installation in police stations; appoint non-official visitors for surprise inspections; deploy women constables where women were detained recently.[1000570890023][1000570890024][1000570890026][1000570890027][1000570890028] (!) (!) (!) (!) (!)