Powers and Procedure of the Human Rights Commission in Handling Complaints

The protection of human rights—such as the right to life, liberty, dignity, and equality—is a cornerstone of Indian constitutional values. When these rights are violated, either by state authorities or through state inaction, individuals have the right to approach the Human Rights Commission, a quasi-judicial authority that investigates, reports, and recommends corrective action.

Both the National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs), such as the Himachal Pradesh Human Rights Commission, play a critical role in holding authorities accountable and providing relief to aggrieved persons.

🧾 What Constitutes a Human Rights Violation?

Human rights violations can be committed directly by state actors (e.g., police, jail authorities, public servants), or indirectly, where the state fails to prevent or respond to abuse. Examples include:

• Custodial torture or death

• Illegal detention or arrest

• Police brutality

• Denial of medical treatment in government hospitals

• Discrimination by government officials

• Deliberate inaction in cases involving violence against vulnerable groups

The Human Rights Commissions offer a forum for swift inquiry and redress, especially when judicial remedies are slow or inaccessible.

🏛️ Jurisdiction and Powers of the Commission

Under the Protection of Human Rights Act, 1993, the NHRC and SHRCs are empowered to:

• Inquire into violations or negligence by public servants

• Call for reports and evidence from state departments

• Summon witnesses and documents

• Conduct on-site inspections, including in prisons, mental institutions, or government homes

• Recommend compensation, criminal prosecution, or departmental action

• Suggest reforms and monitor compliance

Although their orders are not binding like a court, they carry moral and persuasive authority and are taken seriously by the government.

📝 How to File a Complaint

Any individual, NGO, or representative can file a human rights complaint. There is no court fee and legal representation is not mandatory.

1. Draft the Complaint

The complaint must contain:

• Details of the complainant and the victim (if different)

• Clear narration of facts: what happened, when, where, and who was involved

• Description of how a fundamental human right was violated

• Copies of FIRs, photographs, medical reports, or other supporting documents

• A specific prayer or relief sought

2. Submit to the Appropriate Commission

• NHRC handles violations involving central agencies or inter-state issues

• State Commissions handle violations involving state authorities

• Complaints must be filed within one year of the alleged violation

🔍 Inquiry Procedure

Upon receiving a valid complaint, the Commission may:

• Issue notice to the concerned department

• Seek status reports or affidavits

• Conduct field inquiries or spot visits

• Hear statements from victims, witnesses, and officials

• Refer the matter to police, CBI, or magistrates for deeper probe

• Monitor compliance and ensure follow-up

⚖️ Types of Relief Offered

Although the Human Rights Commission cannot pass punishments, it can recommend:

• Monetary compensation to victims or families

• Departmental inquiry or prosecution of guilty officials

• Corrective measures in policies or procedures

• Directions to authorities to ensure non-repetition

• Awareness and training of state officials

The Commission may also approach courts if its recommendations are ignored.

🚫 Limitations of the Commission

• Cannot take up cases older than one year

• Does not intervene where the matter is already before a court

• Lacks power to enforce its recommendations like a decree

• Jurisdiction limited to public servants or state institutions, not private disputes

Despite these limitations, the Commission remains an effective and accessible watchdog.

⚠️ Important Considerations

• Frivolous or false complaints can be rejected

• Sensitive matters (like custodial abuse) need careful presentation and proof

• Interim relief or urgent intervention can be sought in serious cases

• Repeated violations by the same department often lead to policy changes

👨‍⚖️ Why Choose Barowalia & Associates

We assist victims, NGOs, and whistleblowers in navigating the Human Rights Commission process. Our services include:

• ✅ Precise and legally sound complaint drafting

• ✅ Collection and organization of proof (photographs, reports, affidavits)

• ✅ Representation during inquiry or hearings

• ✅ Coordination with government departments for compliance

• ✅ Filing writs or PILs in High Court if relief is not implemented

We ensure that every complaint is heard, presented strongly, and followed through to its logical conclusion—so that justice is not only done, but seen to be done.