Introduction
The National Human Rights Commission (NHRC) of India protects and promotes human rights as defined in the Protection of Human Rights Act, 1993. It investigates violations by public servants or negligence in preventing such violations. Section 13 of the Protection if Human Rights Act empowers the NHRC with civil court-like authority during inquiries. Filing a complaint with NHRC is a structured process with defined eligibility, timelines, and procedures.
Who Can File a Complaint To NHRC
Any individual who is a victim of a human rights violation can file a complaint. A third party can also file on behalf of the victim. The NHRC accepts complaints written in Hindi, English, or any language listed in the Eighth Schedule of the Constitution.
What Are The Grounds for Filing a Complaint
The NHRC accepts complaints that clearly mention a human rights violation or its abetment. It also takes up cases where there is negligence by a public servant in preventing such violations. The complaint must directly point to one of these grounds.
What Is The Time Limit for Filing
The Commission usually considers complaints filed within one year from the date of the alleged violation. Complaints filed after this time frame are generally not entertained unless there are exceptional circumstances.
How to File a Complaint to NHRC
Online Method
To file a complaint online, visit the NHRC portal at https://hrcnet.nic.in/HRCNet/public/webcomplaint.aspx. Select the relevant state and choose whether to submit the complaint to the NHRC or a State Human Rights Commission (SHRC). Verify your mobile number through OTP. Fill in all mandatory details such as complainant and victim information, incident description, relief sought, and details of the public servant involved. You may upload supporting documents in PDF format. Before submission, you can decide whether to display the complainant’s or victim’s name on the website. After submitting, note the unique diary number for future tracking.
Which Complaints Not Entertained In NHRC
The NHRC does not consider vague, anonymous, or pseudonymous complaints. It also rejects matters that are trivial, frivolous, or already pending before a court or a State Human Rights Commission. Complaints filed after one year or those that do not involve public servants are generally dismissed. Civil disputes, service-related matters, labor or industrial issues, or matters already decided by a court or NHRC are also not entertained.
Section 13: NHRC’s Powers During Inquiry
Section 13 grants the NHRC the same powers as a civil court under the Code of Civil Procedure, 1908. The Commission can summon witnesses, examine them under oath, and request the discovery or production of documents. It can accept affidavits as evidence and requisition public records. NHRC may issue commissions to examine witnesses or documents. It can require any person to provide relevant information and treat non-compliance as a legal offense under Sections 176 and 177 of the Indian Penal Code.
The NHRC or its authorized officers can enter and search any building if they believe relevant documents are present. They may seize such documents while following legal procedures under Section 100 of the Criminal Procedure Code, 1973. The NHRC is treated as a civil court, and any offense committed in its presence can be forwarded to a magistrate for trial. All proceedings before NHRC are considered judicial in nature.
NHRC also has the power to transfer complaints to State Human Rights Commissions if the case falls within the latter’s jurisdiction. Such transfers are made officially, and the State Commission then treats the matter as if it was filed directly before it.
What Happens After Filing the Complaint
Once a complaint is filed, NHRC may begin an inquiry or request additional details. If it finds evidence of human rights violations, it can recommend compensation, criminal prosecution, or other actions. It may also direct the government or concerned authority to act. Additionally, the NHRC can move the Supreme Court or a High Court for appropriate legal directions.
Conclusion
The NHRC plays a crucial role in defending human rights in India. Through well-defined procedures and legal authority under Section 13, it ensures that victims have a platform to seek redress. By understanding the eligibility, process, and powers involved, individuals can effectively approach NHRC when their rights are violated or ignored by public servants.
