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]
Please Drop Your Comments