Complaint before National Human Rights Commission of India

National Human Rights Commission: its functioning and process of the complaint

In society, everyone wants them to be superior or powerful in comparison to the others. For satisfying their needs, the individual did not hesitate to do the things which are wrong to the other persons. Therefore to maintain the equality and order in the society, laws play a very important role. They not only give the right to the person but also backed by the duties towards others and if somebody violated or infringed the right of someone, the law punished that person for the same.

Fundamental Rights

Fundamental rights are those rights which are defined under part III of the Indian Constitution from Article 12 to 35 which includes various rights. These are-

• Right to Equality (Under Article 14 to 18)
• Freedom of speech and expression (Article 19)
• Right to life with liberty(Article 21)

Fundamental rights are exhaustive in nature; it does not include other rights which are available to the people. Such as 

• Right to vote 
• Right to Property.

On the other hand the concept of human rights came from the Universal Declaration of Human rights enacted on 10 December 1948.

Illustration for the better understanding

Right to marriage is the human right under UDHR but it is not the Fundamental right under part III of the Constitution.

What is Human rights?

Human rights are the fundamental rights and freedoms that every individual is entitled to simply by being human. These rights are universal, inalienable, and applicable to everyone regardless of nationality, ethnicity, gender, religion, language, or any other status. They are meant to protect the dignity, freedom, and equality of all individuals and ensure their basic well-being.

Key Characteristics of Human Rights:

1. Universal: They apply to all people everywhere in the world.
2. Inalienable: They cannot be taken away or surrendered, except in specific situations, like due process in criminal law.
3. Indivisible and Interdependent: All rights—civil, political, economic, social, and cultural—are equally important and interrelated.
4. Non-discriminatory: Everyone is entitled to human rights without discrimination.

International Frameworks for Human Rights:

1. Universal Declaration of Human Rights (UDHR) (1948): A foundational document adopted by the United Nations General Assembly, it outlines the basic rights and freedoms to which all humans are entitled.
2. International Covenant on Civil and Political Rights (ICCPR) (1966): A treaty that obligates governments to protect civil and political rights.
3. International Covenant on Economic, Social and Cultural Rights (ICESCR) (1966): A treaty focused on ensuring economic, social, and cultural rights for individuals.

India declaration for the protection of human Rights 

India’s commitment to the protection of human rights is reflected through various national and international declarations, laws, and institutions. The country is dedicated to upholding human dignity, equality, and freedom, aligning its principles with international human rights norms.

1. Indian Constitution- India’s Constitution, adopted in 1950, serves as the cornerstone for the protection of human rights. It incorporates several key provisions that safeguard civil liberties, political freedoms, and social justice. These rights, categorized as Fundamental Rights, are guaranteed to all citizens.

2. The Protection of Human Rights Act, 1993, India enacted the Protection of Human Rights Act in 1993 to provide a legal framework for the promotion and protection of human rights. The Act led to the creation of the National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs). The NHRC was established on October 12, 1993, under the Protection of Human Rights Act, 1993. The Commission’s powers, functions, and responsibilities are governed by the Protection of Human Rights Act (PHRA), which has been amended several times (notably in 2006 and 2019).

• National Human Rights Commission (NHRC) – NHRC is an independent statutory body responsible for investigating violations of human rights and ensuring accountability. It has the authority to intervene in cases of human rights abuses, review laws, and recommend policies. It also Conducts awareness programs and advises the government on human rights issues.

Composition of NHRC

The NHRC consists of:

1. Chairperson: The chairperson must be a retired Chief Justice of India.
2. Members:
   • One member who is, or has been, a Judge of the Supreme Court of India.
   • One member who is, or has been, the Chief Justice of a High Court.
   • Three members (out of which at least one must be a woman) who have knowledge or practical experience in matters relating to human rights.

Additionally, the NHRC includes the following ex-officio members:

• Chairpersons of National Commissions such as:
  • National Commission for Minorities (NCM)
  • National Commission for Scheduled Castes (NCSC)
  • National Commission for Scheduled Tribes (NCST)
  • National Commission for Women (NCW)
  • Chief Commissioner for Persons with Disabilities (CCPD)

Functions and Powers of NHRC

The NHRC is entrusted with a broad range of functions to protect human rights in India. These include:

Investigative Powers:

• Inquire into Complaints: The NHRC can investigate complaints of human rights violations, either suo moto (on its own) or based on a petition by a victim or any person on behalf of the victim.
• Powers of a Civil Court: The NHRC has the powers of a civil court while investigating complaints, such as summoning witnesses, examining documents, and compelling attendance.

Human Rights Advocacy:

• Promoting Human Rights: The NHRC undertakes efforts to spread human rights awareness through education, training programs, research, and media campaigns.
• Review of Laws: The NHRC can review laws and administrative actions and suggest reforms to ensure that they align with human rights norms.
• Promote International Instruments: It encourages the ratification of international human rights treaties and covenants and monitors their implementation.

Preventive Functions:

• Prevent Human Rights Violations: The NHRC engages with the government to prevent violations, particularly related to unlawful detentions, extrajudicial killings, torture, and police brutality.
• Visits to Institutions: The Commission has the authority to visit jails, detention centres, and other institutions to examine the conditions and ensure that human rights are upheld.

Monitoring Mechanism: 

• Monitor Government Initiatives: The NHRC monitors the government’s human rights practices, especially in conflict areas or during times of civil unrest.
• Reports to Parliament: It presents annual and special reports to the Parliament and state legislatures, highlighting cases of human rights violations and making recommendations for improving the protection of rights.

Relief and Rehabilitation:

• Compensation and Legal Aid: While the NHRC does not have enforcement powers, it can recommend actions such as compensation to victims, initiating legal proceedings, or disciplinary action against offending public officials.

Complaint Mechanism (Law Division)

Who can file a complaint?

“Victim or any other person on a victim’s behalf or on his own citing an incident of human rights violation caused by the inaction, Commission and omission thereof by a public authority. The Commission can also take suo motu cognizance of any incident of human rights violation on the basis of media reports.”

Any individual, victim, or NGO can approach the NHRC to file a complaint related to human rights violations. Law division of NHRC can also take the Suo moto matter on the violation of human rights. Here’s how it works:

1. Filing a Complaint:
   • Complaints can be filed online via the NHRC website i.e. www.nhrc.nic.in , through email, or by post.
   • The complaint should be filed within one year of the incident.
   • The complaint should not be vague and must relate directly to a human rights violation.

Modes of filling a complaint-

One can file a complaint with the NHRC through multiple methods:

• Online via NHRC Website: The easiest and fastest way to file a complaint.
• By Post: You can send your complaint through the postal service.
• Via Email or Fax: Complaints can also be sent by email or fax.

Filing a Complaint Online

Follow these steps for filing an online complaint:

Step 1: Visit the NHRC Website

• Go to the official NHRC website: http://nhrc.nic.in

Step 2: Go to the Complaint Section

• On the home page, click on the ‘Online Complaint’ option or directly visit the complaints page: NHRC Complaint Filing Portal.

Step 3: Fill in the Complaint Form

• You will be redirected to an online form where you need to provide the following details:

• Complainant Information:
  • Name, address, email, and phone number of the complainant.

Note- not necessary that the complainant and the victim are always same therefore the website has both the options.

• Incident Information:
  • Date and time of the incident.
  • Details about the alleged human rights violation.
  • Specific information about the victim, if applicable.
  • Place of the incident (state, district, etc.).

After filling the information of the complainant or the victims, the person has to fill the information related to the Incident.

• Details of the Authorities Involved (if known):
  • Specify if the violation involves police, government officials, etc.

Step 4: Upload Supporting Documents

• You can upload documents, including photos, videos, medical reports, or other evidence that support your complaint.
  • There will be an option to attach files such as JPEG, PNG, or PDF formats.
  • Make sure the total file size does not exceed the size limit (generally 5MB or 10MB, depending on the portal’s guidelines).

Step 5: Submit the Complaint

• After filling in all required details and attaching any relevant documents or evidence, click ‘Submit’.
• A reference number will be generated after submission, which you can use to track the status of your complaint.

Step 6: Acknowledgment and Follow-up

• You will receive an acknowledgment of your complaint via email or SMS, depending on the contact details provided.
• The NHRC may reach out to you for further clarification or to provide updates on your case.

Filing a Complaint by Post

If anyone wants to file a complaint by post, he/she has to follow these steps:

Step 1: Prepare Your Complaint

• Write a detailed description of the human rights violation, including:
  • Your details (name, address, phone number, email).
  • Details of the victim (if different from the complainant).
  • Place, date, and time of the incident.
  • Description of the incident and those involved (police, government officials, etc.).

Step 2: Attach Evidence

• Attach supporting documents such as photos, medical reports, and other evidence.
  • Ensure these documents are organized and clearly marked.

Step 3: Send Your Complaint

• Send the complaint to the NHRC office on Delhi to the following address:

National Human Rights Commission Manav Adhikar Bhawan, Block-C, GPO Complex, INA, New Delhi – 110023

And the person can also send it by fax: +91-11-24651329

Filing a Complaint via Email

The complainant file the complaint by via Email-

• Drafting your complaint in detail (similar to the postal method).
• Attaching relevant documents or photos as evidence.
• Sending the email to covdnhrc@nic.in or the general email provided on the NHRC website.

Track Your Complaint

Once the complaint is filed (especially online), you can track the status by:

• Visiting the NHRC website.
• Clicking on ‘Track Complaint’ and entering your reference number or mobile number.

Important points to be considered while filling the complaint-

• Time Limitation: The NHRC generally accepts complaints only if filed within one year of the incident.
• Avoid Duplicate Complaints: Complaints already pending in courts or being heard by State Human Rights Commissions may not be admitted by NHRC.
• No Vague Complaints: Complaints should be specific, providing clear details about the violation.

What happens after compliant successful submisison

1. Investigation and Inquiry:

• • Once a complaint is admitted, the NHRC can summon relevant parties, investigate the facts, and issue recommendations.
  • It can also transfer the case to relevant State Human Rights Commissions (SHRC) if the violation falls within their jurisdiction.

2. Recommendations and Actions:

The NHRC, after investigation, can recommend:

• • • • Prosecution of officials involved in human rights violations.
      • Compensation to victims.
      • Policy changes to prevent future violations.
      • The government is generally required to respond to these recommendations within one month.

3. Limitations:

• • • • The NHRC does not have direct enforcement powers; it can only make recommendations. The implementation of its orders lies with the government.
      • It cannot take cases related to violations committed by private individuals unless there is state involvement.

On what issues complaint can be filled before the NHRC?

Complaints can be registered with the National Human Rights Commission (NHRC) for inaction or unlawful actions by authorities such as police, administration, and government departments. Common issues include:

1. Police Misconduct: Unlawful detention, false implication, illegal arrest, custodial violence, and police excesses.
2. Deaths in Custody: Encounter deaths and custodial deaths in police or prison custody.
3. Prisoner Harassment: Detention beyond punishment period, and poor jail conditions.
4. Atrocities on SCs/STs: Denial of social welfare benefits, including land rights.
5. Labour Violations: Bonded labour, child labour, and child marriage.
6. Violence Against Women: Dowry-related deaths, sexual harassment, and exploitation of women.
7. Criminal Offenses: Non-registration of complaints involving elder neglect, human trafficking, sexual assault, abduction, and corruption.
8. Denial of Civic Rights: Lack of basic amenities like water, health care, education, and benefits from welfare schemes like MNREGA, food ration, and pensions.
9. Rights Violations: Issues affecting the disabled, displacement from mega projects, and environmental pollution.
10. Preventive Inaction: Failure to address communal violence, public unrest, or law and order issues.

Success stories of NHRC

1. Custodial Death Cases and Compensation

The NHRC has actively intervened in cases of custodial deaths, a significant area of human rights violations in India. In the cases of custodial death, NHRC take the action within 24hours.In many instances, the Commission’s investigations revealed abuse, torture, and unlawful actions by police officials.

There is a case related to this. In a case involving the custodial death of a young man in Gujarat, the NHRC ordered an investigation and found that police officers were responsible for the death due to excessive force. The Commission directed the state government to pay compensation of ₹3 lakh to the family of the deceased, and disciplinary actions were recommended against the officers involved. (Case No.6123/95-96/NHRC)

Mostly the person file the complaint before NHRC or SHRC against the public authority when they fail to protect the right of the victims or negligently avoid their duty towards them.

2. Bonded Labour Release

The NHRC has successfully intervened in cases of bonded labour, especially in industries like agriculture, brick kilns, and domestic work, where labourers are trapped in debt bondage and forced to work under inhumane conditions.

 In Tamil Nadu, the NHRC facilitated the release of 500 bonded labourers working in brick kilns. The Commission’s intervention ensured that the workers received rehabilitation, compensation, and alternative employment opportunities through various government schemes. Many of these workers were also given land and financial assistance to rebuild their lives.

3. LGBTQ+ Rights

In recent years, the NHRC has taken steps to advocate for the rights of the LGBTQ+ community. It has worked to protect them from violence, discrimination, and harassment.

In a landmark case, the NHRC intervened in Kolkata where transgender individuals faced police harassment. Following the NHRC’s intervention, the police officers were reprimanded, and guidelines were issued to the police force to handle issues involving transgender individuals with sensitivity. This case helped to bring more focus to the rights of the transgender community in India.

4. Tackling Sexual Harassment

The NHRC has taken strong actions to address sexual harassment cases, especially where law enforcement agencies failed to take proper action. In a workplace harassment case in Haryana, a female employee had been subjected to harassment by a senior official, but her complaints were ignored by local authorities. The NHRC investigated the matter and recommended strict disciplinary action against the accused, as well as compensation for the victim. It also issued recommendations to the organization to set up a proper internal complaints mechanism as per the Sexual Harassment of Women at Workplace Act, 2013.

Limitations and Criticisms of the NHRC

While the NHRC plays a crucial role in safeguarding human rights in India, it faces certain limitations and criticisms:

1. Lack of Enforcement Powers: The NHRC can only recommend actions and has no direct power to enforce its rulings. Its recommendations are sometimes ignored or delayed by government agencies.
2. Overburdened and Understaffed: The NHRC receives a large number of complaints, and due to limited resources, the backlog of cases is often significant.
3. Limited Jurisdiction over Armed Forces: Under the Protection of Human Rights Act, the NHRC cannot directly investigate allegations of human rights violations by the armed forces. It can only request reports from the government and make recommendations, but cannot summon officers or conduct on-the-spot inquiries in areas under armed forces’ control.
4. Dependence on Government for Budget and Staffing: The NHRC’s functioning depends on funding and staffing from the central government, which may affect its independence.
5. Limited Awareness: Many people, especially in rural areas, are not aware of the NHRC’s existence and the rights they can claim, which limits the Commission’s reach.

Conclusion

The National Human Rights Commission (NHRC) of India serves as a key institution for the protection and promotion of human rights. Although it has limitations, it has contributed to greater accountability and awareness of human rights violations in the country. It plays a crucial role in holding the government accountable and providing a platform for citizens to seek redress when their rights are violated.

The NHRC has had a significant impact in addressing human rights violations across India, including those related to custodial deaths, bonded labour, child labour, prisoner rights, caste-based discrimination, and the rights of vulnerable groups like women, children, SC/ST communities, LGBTQ+ individuals, and persons with disabilities. Though the NHRC faces challenges such as limited enforcement powers and the need for quicker implementation of its recommendations, its work has led to many positive changes in the country’s human rights landscape.

Frequently Asked Questions

1. What is the National Human Rights Commission (NHRC)?

The NHRC is an independent statutory body established in 1993 under the Protection of Human Rights Act. It is tasked with promoting and protecting human rights in India by investigating violations, creating awareness, and recommending policy changes.

2. What are human rights according to the NHRC?

Human rights, as defined by the Protection of Human Rights Act, 1993, are the rights related to life, liberty, equality, and dignity of individuals, guaranteed under the Constitution or international covenants and enforceable by courts in India.

3. Who can file a complaint with the NHRC?

Any individual, victim, or person acting on behalf of a victim can file a complaint with the NHRC. NGOs and other organizations may also file complaints. Additionally, the NHRC can take suo moto cognizance of human rights violations.

4. How can I file a complaint with the NHRC?

You can file a complaint through:
– The NHRC’s online portal at [nhrc.nic.in](http://nhrc.nic.in).
– By post to NHRC, Manav Adhikar Bhawan, New Delhi – 110023.
– Email at covdnhrc@nic.in.
– Fax at +91-11-24651329.

5. What types of cases does the NHRC handle?

The NHRC handles cases involving:
– Custodial deaths and torture.
– Police misconduct.
– Bonded labour, child labour, and exploitation.
– Atrocities against Scheduled Castes/Scheduled Tribes (SC/ST).
– Denial of basic rights such as water, healthcare, or education.
– Sexual harassment and violence against women.

6. Are there any restrictions on filing complaints with the NHRC?

Yes, complaints must:
– Be filed within one year of the incident.
– Not be vague or frivolous.
– Not concern matters already pending before courts or State Human Rights Commissions (SHRCs).

7. What actions can the NHRC take after investigating a complaint?

The NHRC can recommend:
– Prosecution of the accused.
– Compensation or relief to victims.
– Policy changes to prevent similar violations.
However, it does not have direct enforcement powers; its recommendations are forwarded to the government for implementation.

8. Can the NHRC investigate cases involving the armed forces?

The NHRC has limited jurisdiction over cases involving the armed forces. It can request reports from the government but cannot directly investigate or summon armed forces personnel.

9. How does the NHRC promote human rights awareness?

The NHRC conducts workshops, seminars, training programs, and media campaigns to educate the public and government agencies about human rights. It also reviews laws and policies to ensure compliance with human rights norms.

10. What limitations does the NHRC face?

The NHRC’s limitations include:
– Lack of enforcement powers for its recommendations.
– Overburdened with complaints due to limited staff and resources.
– Restricted jurisdiction over the armed forces.
– Dependence on government funding and personnel appointments.

11. How can I track the status of my complaint with the NHRC?**

You can track your complaint status on the NHRC’s official website under the “Track Complaint” section using your reference number or registered contact details.

12. Is the NHRC effective in safeguarding human rights?

Despite its limitations, the NHRC has been instrumental in addressing numerous cases of rights violations, raising awareness, and pushing for policy reforms. However, the effectiveness of its recommendations often depends on government cooperation.

Written by Ms. Tanishka Jain.

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