How to file complaint in NHRC.

National Human Rights Commission of India

In pursuance with the protection of the Human Rights Act of 1993 the first National Human Rights Commission of India was constituted on 29 September 1993, with Shri Ranganath Mishra, the ex-chief justice of India as its first chairperson.

Under Section 2 of the Protection of Human Rights Act, 1903, “human rights” have been defined as rights relating to life, equality, liberty and dignity of the individual as enshrined in the Constitution or guaranteed by International Covenants and enforceable by courts in India.

The functions to be performed by the Commission are as follows;

1. Inquire, into a complaint filed by the victim himself or any person on his behalf, or taken up by its initiative.
2. Intervene in any proceedings involving allegations of violation of human rights pending before any other court with the prior approval of such a court.
3. Conduct visits to any jail or any institution under the control of the State Government, where people have been logged or detained for the purpose of rehabilitation, reformation or treatment.
4. Review the safeguards under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation.
5. Review factors that inhibit the enjoyment of human rights including terrorism and suggest appropriate remedial measures.
6. Promote and undertake research in the field of human rights.
7. Encourage efforts of NGOs and other institutions working in the field of promotion and protection of human rights.
8. Study treaties and other international instruments on the subject of human rights and suggest ways for their effective implementation.
9. Any other functions that it may consider necessary for the promotion of human rights.

The commission enjoys autonomy in a lot of aspects; the method of appointment of members, the duration of tenure and other statutory guarantees are assured to it. The commission also enjoys full financial autonomy.

The composition of the Commission is as follows: 

• The National Human Rights Commission shall consist of Chairperson and any other such members appointed by the president of India. The Chairperson must be a former chief justice of the Supreme Court of India.
• Members are appointed by recommendations of a committee which is headed by the Prime Minister as the Chairperson, the Home Minister, The Speaker of the Lok Sabha, the leaders of opposition in the Lok and Rajya Sabha and the Deputy Chairman of the Rajya Sabha.

The current members according to the NHRC website is:

Justice H L Dattu	Chairperson
Justice Cyriac Joseph	Member
Justice D. Murugesan	Member
Sharad Chandra Sinha	Member
Chairperson, National Commission for Minorities	Ex-officio Member
Chairperson, National Commission for Scheduled Castes	Ex-officio Member
Chairperson, National Commission for Scheduled Tribes	Ex-officio Member
Chairperson, National Commission for Women	Ex-officio Member

 

 

Procedure of Filing a Complaint

Who can make the complaint? The complaint may be lodged with the commission by the victim himself or any person acting on his behalf.

On what grounds can a complaint be filed? A complaint can be filed on the following grounds:

• Violation of any human rights or any abetment thereof
• Negligence by a public servant in the prevention of such violation

What language can a complaint be filed in? The complaint can be drafted in English, Hindi or any language included in the 8^th Schedule of the Constitution.

In what time frame can a complaint be filed?  The jurisdiction of the National Human Rights Commission is limited to complaints filed within one year from the date on which the act constituting a violation of human rights is alleged to have been committed.

By what modes can a complaint be sent? The complaint can be sent by the following modes;

• By post; National Human Rights Commission
  Manav Adhikar Bhawan Block-C,
  GPO Complex, INA, New Delhi – 110023
• By telegram
• By fax; (011) 23386521
• By email; covdnhrc@nic.in (general)/ jrlaw@nic.in (for complaints)
• Complaints maybe filed online by clicking on the following link: http://164.100.51.57/HRComplaint/NewHRComplaint.aspx
• Complaints can be made in the 24 hours mobile number of the Commission: +91 9810298900

Does the commission charge any fee from the complainants? No, the Commission does not charge any fee for filing of the complaints.

What kind of complaints is not entertained by the Commission? Ordinarily, the Commission does not entertain any complaints of the following nature;

• Complaints regarding incidents that occurred more than a year before the filing of the complaint.
• Complaints concerning to matters sub-judice in nature that is; matters already pending or being heard in the court of law or tribunal.
• Complaints which are trivial or frivolous in nature
• Complaints which are vague, anonymous and pseudo-anonymous in nature.
• Complaints which pertain to service matters.
• Complaints which are illegible in nature
• Matters still pending before the State Human Rights Commission or any other Commission
• Complaints which relate to civil disputes such as property rights, contractual obligations, etc.
• Allegations, which do not point to the violation of any specific type pf human right.
• Any matter covered by a judicial verdict/decision of the commission

What must the complaint contain? The complaint must disclose a clear picture of the matter leading to the complaint. The complaint must contain clearly all of the following clearly, along with other aspects

• The name of the victim
• The age of the victim
• The religion/caste of the victim
• The State to which the incident relates.
• The District to which the incident relates.
• Date on which the incident occurred.

The documents enclosed in support of allegations, if any, must be easy to read and decipher. The complaints are expected to be self-contained.

It is advisable that the format prescribed on the NHRC website be followed. It can be downloaded from http://nhrc.nic.in/Documents/Compformat.pdf