While inquiring into complaints under the Act, the Commission shall have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, and in particular the following, namely;
a) Summoning and enforcing the attendance of witnesses and examining them on oath;
b) discovery and production of any document;
c) receiving evidence on affidavits;
d) requisitioning any public record or copy thereof from any court or office;
e) issuing commissions for the examination of witnesses or documents;
f) any other matter which may be prescribed.
Yes, the Commission has its own investigating staff headed by a Director General of Police for investigation into complaints of human rights violations. Under the Act, it is open to the Commission to utilise the services of any officer or investigation agency of the Central Government or any State Government. The Commission has associated, in a number of cases, non – Governmental organizations in the investigation work.
Yes, the autonomy of the Commission derives, inter-alia, from the method of appointing its Chairperson and Members, their fixity of tenure, and statutory guarantees thereto, the status they have been accorded andthe manner in which the staff responsible to the Commission – including its investigative agency – will be appointed and conduct themselves. The financial autonomy of the Commission is spelt out in Section 32 of the Act.
The Chairperson and Members of the Commission are appointed by the President on the basis of recommendations of a Committee comprising the Prime Minister as the Chairperson, the Speaker of Lok Sabha, the Home Minister, the leaders of the opposition in the Lok Sabha and Rajya Sabha and the Deputy Chairman of the Rajya Sabha as Members.
The Commission while inquiring into complaints of violations of human rights may call for information or report from the Central Government or any State Government or any other authority or organization subordinate thereto within such time as may be specified by it; provided that if the information or report is not received within the time stipulated by the Commission, it may proceed to inquire into the complaint on its own; on the other hand, if, on receipt of information or report, the Commission is satisfied either that no further inquiry is required or that the required action has been initiated or taken by the concerned Government or authority, it may not proceed with the complaint and inform the complainant accordingly.
The Commission may take any of the following steps upon the completion of an inquiry:
1) Where the inquiry discloses the commission of violation of human right or negligence in the prevention of violation of human rights by a public servant, it may recommend to the concerned Government or authority theinitiation of proceedings for prosecution or such other action as the Commission may deem fit against the concerned person or persons;
2) Approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary;
3) Recommend to the concerned Government or authority for the grant of such immediate interim relief to the victim or the members of his family as the Commission may consider necessary.
The Commission may on its own motion or on the basis of petitions made to it on allegations of human rights violations by armed forces, seek a report from the Central Government. On receipt of the report, it may either not proceed with the complaint or, as the case may be, make its recommendations to the Government. According to the Act, the Central Government shall inform the Commission of the action taken on the recommendations within three months or such further time as the Commission may allow. It is further stipulated that the Commission shall publish its report together with its recommendations made to the Central Government and the action taken by that Government on such recommendations. A copy of the report so published will also be given to the petitioner.
They may be in Hindi, English or in any language included in the Eighth Schedule of the Constitution. The complaints are expected to be selfcontained. No fee is charged on 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 of the following nature are not entertained by the Commission:
a) In regard to events which happened more than one year before the making of the complaints;
b) With regard to matters which are sub-judice;
c) Which are vague, anonymous or pseudonymous;
d) Which are of frivolous nature;
e) Which pertain to service matters.
The authority/State Government/Central Government has to indicate its comments/action taken on the report/recommendations of the Commission within a period of one month in respect of general complaints and within three months in respect of complaints relating to armed forces.
Review of statutes, including Terrorist & Disruptive Activities Act, and (draft) Prevention of Terrorism Bill, 2000
Protection of human rights in areas of insurgency and terrorism
Guidelines to check misuse of the power of arrest by the police
Setting up of Human Rights Cells in the State/City Police Headquarters
Steps to check custodial deaths, rape and torture
Accession to the Convention against Torture, Additional Protocols to the Geneva Conventions.
Discussion on adoption of a Refugee Law for the country
Systemic reforms of police, prisons and other centers of detention
Visit to Jails, mental hospitals and similar other institutions
Review of laws, implementation of treaties, and the international instruments on human rights
Economic, Social & Cultural Rights
Elimination of bonded labour and child labour Issues concerning Right to Food
Prevention of maternal anaemia and congenital mental disabilities In the child
Human Rights of persons affected by HIV/AIDS
Public Health as a human rights issue
Rights of the vulnerable groups
Rights of women and children, minorities, scheduled castes and scheduled tribes
People displaced by mega projects
People affected by major disasters such as the super-cyclone in Orissa and the earthquake in Gujarat.
Monitoring the functioning of the Mental hospitals at Ranchi, Agra and Gwalior, and the Agra Protection Home, under a Supreme Court remit.
Action Research on Trafficking
Promotion and protection of the rights of the disabled.
Rights of Denotified and nomadic tribes
Welfare of the destitute widows of Vrindavan
Elimination of manual scavenging
Promotion of human rights literacy and awareness in the educational system and more widely in society.
Human rights training for the armed forces and police, public authorities, civil society, and students
Research through well-known academic institutions and NGOs on various issues relating to human rights
Publication of Annual Report, monthly Newsletter, Annual Journal, and research studies
Consultation with NGOs and experts/specialists on Human Rights Issues
|Hon’ble Justice Shri S. Rajendra Babu||Chairperson|
|Hon’ble Justice Shri G.P. Mathur||Member|
|Hon’ble Justice Shri B.C. Patel||Member|
|Chairperson, National Commission for Minorities||Ex-officio Member|
|Chairperson, National Commission for Scheduled Castes and Scheduled Tribes||Ex-officio Member|
|Chairperson, National Commission for Women||Ex-officio Member|
The Chief Executive Officer of the Commission is its Secretary General ‘Shri A.K. Jain’, Director General (Investigation) is ‘Shri Sunil Krishna’ and Registrar (Law) is ‘Shri A.K. Garg‘.
State Human Rights Commissions The Protection of Human Rights Act, 1993 makes provisions for the establishment of State Human Rights Commissions, 14 States have already set up such bodies
National Human Rights Commission
Copernicus Marg, New Delhi – 110 001.
Facilitation Centre (Madad): (011) 23385368
Mobile No. 9810298900 (For complaints-24 hrs.)
Fax: (011) 23386521 (complaints)/23384863 (Administration)/ 23382734(Investigation)
Email: firstname.lastname@example.org. (General)/ email@example.com(For complaints)
firstname.lastname@example.org (Research Division)
Web site: www.nhrc.nic.in