How to file a complaint with National Human Rights Commission

Overview: A legal notice is simply a notice which you send to the other party stating that in case the other party does not act upon the request/demand in the legal notice then you have the full intention of starting a formal litigation against it. It is meant to be a warning to the other side and is a formal communication of your intent to initiate litigation against that person or entity and this notice helps the other side to become aware of your problem or grievance against them. It is possible that the issues may get settled at this stage itself and there is no need for anyother formal steps being taken to resolve the same.

Purpose: The purpose of this article is to provide an overview of filing a complaint with NHRC. The article should not be construed as legal advice as it is general in nature. http://nhrc.nic.in/ can be visited for more information.

Areas of Application of Law: the Protection of Human Rights Act, 1993

Process:

Section 2 of the Protection of Human Rights Act, 1993 defines "human rights".

Section 2 (d):

 “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.

 

 "International Covenants" means the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights adopted by the General Assembly of the United Nations on the 16th December, 1966 

 

The complaint may be in Hindi, English or in any language included in the Eighth Schedule of the Constitution. The complaints are expected to be self explanatory giving out detailed information. The complaint must disclose violation of human rights or abetment thereof or negligence in the prevention of such violations, by a public servant. Particulars of the complainant/victim i.e. name of the victim, his/ her age, sex, religion/ caste, State and District to which the incident relates, incident date etc. should be disclosed. It is preferred if the complaint is in the prescribed format available at the website of the commission. (http://nhrc.nic.in/complaints_format.htm )

 

There if no fee which is charged on filing of complaints. The Commission may ask for further information and affidavits to be filed in support of allegations whenever considered necessary. The Commission may in its discretion, accept telegraphic complaints and complaints conveyed through FAX or by e-mail. Complaints can also be made on the mobile telephone number of the Commission.

 

Ordinarily, complaints which are (i) In regard to events which happened more than one year before the making of the complaints; (ii) With regard to matters which are sub-judice;Which are vague, anonymous or pseudonymous; (iii) Which are of frivolous nature; (iv) Which pertain to service matters;(v) illegible are not entertained by the Commission. It is advisable to adhere to the guidelines prescribed by the NHRC when filing the complaint.

   

Documents required to be submitted in the court if any: NA- however documents in support of the allegations must be made available to/ submitted o the commission.

 

Punishment/Expected Relief: inquiry by commission

Landmark Judgments: NA

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