NHRC

In this article, Karan Singh from JGLS discusses How and when to submit a complaint with National Human Rights Commission (NHRC).

“To deny people their human rights is to challenge their very humanity” Nelson Mandela

Introduction

“Human Rights” means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.[1]

In India, rule of law states that no person shall be subjected to harsh, uncivilised or discriminatory treatment even when the object is the securing of the paramount exigencies of law and order.[2] Under Constitution of India, Article 14 does states that there should be no discrimination on any basis.[3]

Human rights include all such rights which are necessary for a person to live a free, comfortable and proper life. An individual does not just have the right to sustain life but has a right to enjoy it with dignity. One can not be said to have dignity if basic necessity such as clothing, food, shelter, education, health-care, etc is missing[4]. Human rights in India are very hard to fully implement due to overpopulation and increasing poverty. The government considers a human right commission to look into human right violations.

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To know the procedure of the National Human Rights Commission (NHRC), we need to know the functions and limitation of the commission and major issues in India. NHRC works for the protection of human rights when there is violation of any human right on any citizen of the country. It helps people to make their life comfortable and protects them from violation of their rights.

The function of the National Human Rights Commission

The NHRC inquire, suo motu or on a petition presented to it by a victim or any person on his behalf or on a direction or order of any court, into complaint of

  • At the time of breach of Human Rights.
  • When police Officer negligently prevents any violation of the rights.
  • NHRC can also intervene any court proceeding that involves any allegation of violation of human rights with the approval of the court.
  • NHRC does jail visits on a regular basis to prisons which are under the state government to keep a check on the persons detained or locked for purpose of the treatment, and also checks on the living conditions of the inmates and makes recommendations accordingly.
  • NHRC also checks on the factors like act of terrorism that prevents the enjoyment of any human rights and makes recommendations.
  • The commission studies treaties and international instruments on Human Rights and recommends for their effective implementation.
  • Intensive research in human rights is also conducted under the commission’s keen eye.
  • Spreads human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means.
  • Encourage the efforts of non-governmental organisations and institutions working in the field of human rights.[5]

NHRC basically keeps a check on the State institution and other institution for any violation of the human rights and makes appropriate recommendations. It does help people to maintain a balance and control the authority to use excessive power on the people. For balancing and controlling the powers, NHRC was established.

Major Issues In India Related To Human Rights are

Major issues in India related to Human rights are mostly on the basis of Discrimination, such as problems faced by scheduled castes and scheduled tribes, religious minorities and persons with disabilities. These groups are backward in nature and do not have any power in the society. So, to balance society, NHRC gives rights to these people so that they can live life comfortably.

Issues related to excessive powers of the armed forces and the police is very common in India. The government gives them power to protect the people of the society but some officers use their power to suppress the weaker sections of the society, as in India police use gruesome methods to torture criminals and suspects. Indian police violate many human rights. To stop this, NHRC gives power to the weaker section and commission to keep a check on violation of anyone’s rights.

Some more issues in India are:

  • Right to work and labour rights
  • Custodial torture
  • Extrajudicial killings
  • Sexual violence
  • Conflict-induced internal displacement
  • Child labour
  • Manual scavenging
  • Violence and discrimination against women and children
  • Discrimination faced by lesbian, gay, bisexual and transgender.

Limitation of NHRC

  • NHRC can only recommend and does not have the power to enforce decisions.
  • NHRC cannot inquire in any case, if the complaint is made after one year of the incident. This shows that there is a limitation period in which the victim has to complain. It is, therefore, clear, that the act which are found to be beyond the limitation period, NHRC can not inquire even if the violation is too extensive.

How to file a complaint with National Human Right Commission

There are two ways to file a complaint with NHRC.

Online Complaint with NHRC

First is the online Complain Registration. For this, You have to open the website of the National Human Right Commission and then go to complaints. Under complaints section, there is an option of complaint registration. By clicking that Online complain registration form will appear. Simply, fill the form and register it. Link for the same is provided “http://164.100.51.57/HRComplaint/pub/NewHRComplaint.aspx”

Offline Complaint with NHRC

The second option is the offline complain. National human right commission provide application form for complain on their website. Link for the offline form is provided here “http://nhrc.nic.in/nhrc.htm”. Just print the application form under complains. Fill the form and submit it to NHRC within the prescribed period of time.

The complaint can be sent by the following

Also, if police refuses to make an FIR, then you can make a written complain to the NHRC or State human right commission that the police is being biased or corrupt.

In this form, some guidelines are given on how to file a complain with the NHRC.

Guidelines as provided by NHRC for filing of complaints

  • Complains should be made by the victim or any other person on his behalf.
  • Complains should be in Hindi or English or any language included in eighth schedule of the constitution.
  • The complaint shall disclose, i) violation of human rights or abetment thereof

     or; (ii) negligence in the prevention of such violations, by a public servant.

  • The jurisdiction of the Commission is restricted to the violation of human rights alleged to have been committed within one year of the receipt of the complaint by the Commission.

Following types of Complaint(s) are not ordinarily entertainable:

  • Vague, anonymous or pseudonymous;
  • Trivial or frivolous in nature;
  • The matters which are pending before a State Human Rights Commission or
  • any other Commission;
  • Any matter after the expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed;
  • Allegation is not against any public servant;
  • The issue raised relates to civil dispute, such property rights, contractual obligations, etc;
  • The issue raised relates to service matters;
  • The issue raised relates to labour/industrial disputes;
  • Allegations do not make out any specific violation of human rights;
  • The matter is sub-judice before a Court/ Tribunal;
  • The matter is covered by judicial verdict/decision of the Commission.[6]

When to submit a complain with National Human Right Commission

As declared by universal declaration of human rights “No one shall be subjected to torture or to cruel, inhuman or degrading treatment”.[7]

Any person can file a case whenever his human rights are being violated. If somebody is  being discriminated against, victimised, sexually harassed, you can make a complain with NHRC or someone else on your behalf can make a complain.

Whenever and wherever, there is violation of Human Rights or exploitation of human being, they can inform the National Human Rights Commission within One year.

References

[1]In terms of Section 2 of the Protection of Human Rights Act, 1993 (hereafter referred to as ‘the Act’),

[2] Rubinder Singh v. Union of India, AIR 1983 SC 65

[3] Constitution Of India

[4] Akhtar, Saleem. “Human Rights.” Pakistan Horizon, vol. 53, no. 1, 2000, pp. 17–19., www.jstor.org/stable/41393947.

[5] Section 12, Protection of Human Rights, 1993

[6] http://nhrc.nic.in

[7] Universal Declaration Of Human Rights

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