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Human Rights Commission: A statutory body for public to file complaint against the government officers

A research on the Human Rights Commission (HRC) in the aspects of the social protection to peoples has been revealed in this article, such will explore the advantages to the Public and Merchants in obtaining the lawful remedy against the abusive officers in the country. The Human Rights Commission of India is a statutory public body, constituted under the protection of Human Rights by an Ordinance to take disciplinary actions against the abusive public servants and serving the people since 1993.

The HRC has right to investigate the complaints filed against the abusive government servants in the state and union but many of the public does not know the functions of the Human Rights Commission. This article may help the common men in filing complaints with the National Human Rights Commission and State Human Rights Commission and guide them in the aforesaid proceedings. This article has explores the identified bottle necks in the Human Rights Commission proceedings and also suggested the public with a lawful remedies to overcome those bottle neck in the appropriate Apex courts.

The article also narrates the practical difficulties in the HRC when the complaints faulty placed before the abusive officers whom they complaint placed and thus, take a extra millage to bring those before the Judicial & Legislative Supremacy for appropriate appointments of Judicial & Human Rights activists in the HRC and regulate the appointment of police officers in the Human Rights Commission.

National Human Rights Commission
There were too many unauthorized organizations claiming the title of Human Rights Commission, and people some time has no idea which one to believe and follow. In reality, none of the unauthorized agencies empowered to investigate the public servant and only one statutory body empowered to do so, i.e. National Human Rights Commission of India.

The National Human Rights Commission (NHRC) of India is statutory government body constituted in 1993 under the Protection of Human Rights Act, 1993 (Amendment 2006).

You may download the act from the following link:
https://nhrc.nic.in/sites/default/files/PHRA_Bilingual_2018.pdf

The Human Rights is responsible for protecting the human rights of individual guaranteed by the constitution and enforceable by the courts in India. Many of the people thinks, the aforesaid organization is only place for registering the complaint about the police abuses but the NHRC is not only the place for registering complaints against police officers but for registering complaints against any government officers in India.

Functions of National Human Rights Commission
There were several function for NHRC in the country, enquiry the violation of human rights by the government and negligence of such violation by a public servant and appropriate remedial measures including monetary reliefs and, promote the research in the field of human rights and, report inmates by visiting jail in the country, engaging the public with human rights awareness by conducting seminars, workshops (media) etc, and study treaties around the globe & make recommendation for implementation of human rights protection in the country.
The National Human Rights Commission is located at, Manav Adhikar Bhawan, Block –C, GPO Complex, INA, New Delhi -110023 and has heading all the other Human Rights commission in the state and being one of the important statutory body in enforcing the law and protecting the human rights of the public.

Composition Bench in NHRC
The NHRC consist of Chairman and Five members, the chairman who has been the Chief Justice of India, one member who has been the justice of supreme court or chief justice of high court and where another 3 members who has knowledge and practical experience in dealing human rights case and among 1, must be a woman. The National Human Rights Commission has also consists of ex-officio members who has been appointed by the Government and has role to investigate and report the matters to the panel judges.

State Human Rights Commission:
Apart from National Human Rights commission, each state government constituted Human Rights Commission for their State to perform the functions of the commission under Chapter V of TPHRA, 1993, and presently there were 23 states has constituted their own State Human Rights Commission (SHRC).

Procedures to file a complaint in NHRC/SHRC:
The public can register their complaints with the respective National / State -Human Rights Commission through online in below link
https://hrcnet.nic.in/HRCNet/public/webcomplaint.aspx

The complaint has to be registered either by aforesaid online (or) filing your complaint via email to [email protected] (or) sent register post to the respective HRC in Nation/ respective State.

No matter what, the complaint has to be filed with appropriate format as prescribed in the legal proceedings with facts, date/events, evidences, and witnesses and followed with grounds, seeking right prayer to the commission and where a help of professional lawyer is needed. You have to clearly indicate in your complaint that the registered complaint against whom, his designation and office address. While filing a petition online, you should ensure the petitions are submitted in the appropriate formats.

Once your compliant has been registered, the complaint has been registered you will be obtained a dairy number and you will be updated with the case number after the complaint validated by the ex-officio after the investigation and respective summons will be sent to the aforesaid officer by HRC. You are able to view the case status through the following link.
https://hrcnet.nic.in/HRCNet/public/CaseStatus.aspx

Critical Situations & Bottle Necks in Human Rights Commission:
  • The National Human Rights Commission may forward the complaint to State Human Rights Commission if the complaint has been under the perusal of the state, where state officers may not ready to invoke a case against their superior IAS/IPS officers and their associate officer
  • The Human Rights Commission ex-officio may not be a Judicial and probably appointed IPS/IAS (retire or in service) officers and where they don’t take appropriate legal proceeding against their associates and dismissing the case without validating the evidences and without verifying the witnesses.
  • The Human Rights Commission has only take counter petition filed by the Government officers and never conduct any trial by examine the victim side evidences and witness as per evidence act and may disposing the case on merits to abuse officer.
  • The Investigation officer mostly a Inspector or Sub-Inspector, has been allotted for investigating the violation of a Supreme Police Officers or Government officers, where IO has fall prey on powers and money, where the investigation was set for name shake, then it will be dismissed for noncompliance.
  • The Police officers who investigate the crime, has not produced the complete evidences of victims to the Chair person & Judges and has presented the counter petition and disqualify the complaints.
  • The Police officers in the state, who intension avoid English transcription and trying to use local language for obtaining bias order from the commission and dilly dally the petitioners/ victims and state under the chief secretary of the state never take any legal proceeding against his associate IAS/IPS officers and ultimately resulted with NO JUSTICE or DEPRESSION.
     
Overcome the above bottlenecks:
  • If you find above bottle neck, you have to take the matter to appropriate chairman and bench of the HRC.
  • If no response to the above, you should engage a human rights lawyer, who has significant knowledge in dealing such case and obtain the appropriate direction from the High Court and recall the case for appropriate trail in the Apex Court.
  • You may appeal to the Supreme Court for appropriate direction

Question of Facts:
  • Though HRC in state and union has absolutely creating awareness in protecting the rights of the human in this country, they are less effective in taking measures against the officials
  • State appointed HRC officers from police department (retired/ service) were totally NEXUS with police department has tended to suppress the facts against their officers before the commission.
  • There are recorded evidences proven that the police are least bothered about the HRC, example, a respondent police officer from Karnataka police station with respect to a complaint filed against him by calling the HRC is backed up with his superintendent and also writing a letter to the complainant that they will quash & set aside the complaints in the HRC. The aforesaid examples where question of facts to testify whether HRC is place for Judicial Judges or run by Police officer and the aforesaid matter has been taken to Supreme Court grievance vide 24662/2021 on 17-03-2021 for appropriate action.

Conclusion
The NHRC/ SHRC gives public a portal for registering a complaint against the government servants in union / state, despite of the rank and position either IAS officer nor peon when they violate the law and that can be registered with respective HRC. You have to ensure that you provide all exact information and file all evidences with the commission and follow up with the status. You might take appropriate grievance in the HRC / Courts and obtain needful direction through your human rights lawyer.

India, Human Rights Commissions has effective role to bring the Justice and there were short time human rights training programs conducted by the NHRC and those were shared in the following link.
https://nhrc.nic.in/training-programmes/short-term-internship-programme

If you wish to practice as Human Rights Lawyer or Human Rights Pledge, you may engage in the short time course and serve to the country and public. I hope this article has significant information for the all, who intend to file their grievance in HRC. I hereby like encourage the Human Rights Researcher to do their research in the aforesaid bottle neck areas and present the true status with a qualitative data to support with to the Hon’ble Justices and Law makers and suggest the needful changes in the HRC by increasing the judicial and remove the police nexus for a better future in the interest of Justice and equity.

Comment within the judicial and political points and submit articles before the specific authorities such as legislators, judicial for such situation which may be the need of this country, need of common men for this decade.

Written By: Ravikumar Vellingiri. B.A.LL.B (Hons) - General Secretary, Farmers, Merchants and Public United Federation
Email: [email protected]

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