National Human Rights Commission In India
Introduction
henever the people hear the term human rights, they usually think it is only about the international law or the constitutional theory. In reality, the human rights issues arise in day-to-day situations, illegal police detention, custodial violence, encounter killings, harassment by the authorities, prison abuse, or the discrimination by state agencies.
The biggest confusion that is there in people’s mind is:
“Where should I go when the State itself is violating my rights?”
This is exactly when the National Human Rights Commission (NHRC) comes into place.
What Counts as a Human Rights Violation in India?
In the perspective of Indian law, Human Rights Violation is not just restricted to extreme circumstances, Rather, a circumstance becomes human rights related when the life, liberty, dignity and equality of an individual is being impacted either positively or negatively by the Action or Inaction and/ or by any of the action or inaction of a regional, national or state authority.
This includes illegal arrest, custodial torture, continued or prolonged illegal confinement, denial of the basic human rights of prisoners, discriminated treatment by authorities, and/or abuse of power/ authority by police officers and jail staff.
The Protection of Human Rights Act, 1993 provides for recognition of this class of human right protections and gives citizens the ability to hold the state accountable for the misuse of this power, therefore if the State violates your personal liberty or dignity, it will generally be classified as a human rights issue.
Why Was the NHRC Created?
India’s National Human Rights Commission (NHRC) was set up in 1993 due to the increasing number of complaints about custodial deaths and abuses by police, prisons, and unchecked administrative authority. The objective of establishing the NHRC was to create an independent body that would monitor state activities, investigate complaints made against them and encourage reparation for victims of human rights violations.
In addition to the monitoring and investigating functions of the NHRC, India established the NHRC to conform to international standards of Human Rights, as enshrined in the United Nations’ Paris Principles on human rights independence and accountability.
Who Runs the NHRC and Why That Matters
The NHRC is mostly headed by the senior judges, including the former Chief Justice of India as the Chairperson, along with the former Supreme Court and the High Court judges as well as the experts in human rights. This judicial composition gives the Commission the credibility as well as the independence from day-to-day executive control.
However, it is very important to understand that the NHRC is not a court. It does not usually conduct trials or it does not pass binding judgments.
What Powers Does the NHRC Actually Have?
Taking Cognizance of Human Rights Violations: Many people wonder if the National Human Rights Commission (NHRC) holds any real authority, or whether it simply produces reports. In reality, the NHRC takes note of human rights violations based on complaints from citizens, coverage of human rights violations in the media or by use of its own investigations of occurrences.
Power to Seek Reports from Authorities: After taking notice of a human rights violation, the NHRC can request reports from both Police and Government Agencies concerning that matter which these organisations must lawfully respond to.
Inspection of Custodial and Care Institutions: Additionally, NHRC is empowered to visit and investigate prisons; police station holding areas (lock ups); juvenile residential institutions; and mental health facilities for proper conditions of care and to ensure no abuse occurs within those centres.
Recommendations for Relief and Accountability: On appropriate occasions, the Commission may recommend the payment of restitution to victims; recommend that disciplinary measures be taken against officials; and even recommend the criminal prosecution of officials.
Persuasive Value of NHRC Recommendations: Although such recommendations made by the NHRC do not have force of law, they carry significant persuasive weight and are relied upon frequently by the Indian Constitution's Courts.
What NHRC Cannot Do (This Is Crucial to Understand)
Many people approach the NHRC expecting immediate punishment of officials. This is where disappointment often arises. The NHRC cannot arrest anyone, cannot directly punish police officers, and cannot enforce its recommendations. It also cannot inquire into incidents that are more than one year old, and it has limited jurisdiction over the armed forces.
Because of these limitations, NHRC should be seen as a supporting and accountability mechanism, not a substitute for courts.
How Courts Have Interpreted NHRC’s Role
The courts in India have consistently reaffirmed and clarified the role of the National Human Rights Commission (NHRC) in Multiple Supreme Court Judgments, have upheld the right to intervene in matters related to refugees, custodial deaths, fake encounters, and extra-judicial killings. furthermore, it has been made clear by the Supreme Court that while these matters come under the jurisdiction of the NHRC, the NHRC is not a court of law; it only has advisory capacity to provide recommendations.
In multiple landmark cases and decisions, courts have cited reports of the NHRC in strong support of the articles of the Constitution, specifically Article 21. Additionally, reports from the NHRC have enabled some courts to hold states accountable for transgressions of Power.
What Should You Do If Your Human Rights Are Violated?
Document All Relevant Evidence: If you or a family member has experienced a human rights violation, your first step should be to document everything related to that event, including anything that might be useful as evidence. Documenting includes your medical records; the reason for arrest; the amounts charged; any witnesses; case photographs, videos, copies of correspondence with the authorities; etc.
File a Complaint Before the NHRC: After you have gathered all of your documents, you may file a complaint with the National Human Rights Commission (NHRC) based on the information you have gathered, up to one year after the incident occurred.
Explore Other Legal Remedies: You should also note that the NHRC should not be your only channel for seeking recourse.
Approach the Appropriate Court: Depending on the facts as well as the circumstances of the case, you can wish to consider filing either in the Magistrate's Court or by issuing the writ petition in the High Court, pursuant to Article 226, by requesting the immediate remedy or the protection from those responsible for the violation.
What If Authorities Ignore NHRC Recommendations?
As non-compliance with the NHRC's recommendations is widespread, NHRC findings are a strong piece of evidence before a court. The High Courts of India relies upon the NHRC's reports in deciding the writ petitions, the compensation claims, and in cases of police accountability.
Accordingly, the NHRC's orders are technically advisory in nature; however, the orders provide a great deal of support to your legal standing.
Situations Where NHRC Intervention Is Especially Useful
The NHRC's intervention is particularly valid in the following instances: Death in custody; torture by the police; illegal detention; fake encounters; abuse of prisoners; abuse of individuals in prisons; abuse of human rights of minorities/refugees; and abuse within the confines of mental health institutions. In these cases, the intervention of the NHRC will establish a documented official record, which is not easily dismissed by the authorities.
What You Should Practically Do Right Now
Do not delay. NHRC has a one-year limitation
Do not rely only on NHRC, court remedies are crucial
Preserve all evidence carefully
Consult the lawyer before the filing of complaints
Early legal intervention can significantly improves the outcomes.
How Lead India can help you?
Expert Legal Assessment: Lead India evaluates all of your human rights violation and advises most effective legal remedy based on your case.
NHRC Complaint Assistance: We help to prepare, draft, and then file the well-supported complaints before NHRC with the complete documentation.
Court Representation: Our experienced lawyers represent you before High Court or any other appropriate courts to protect your constitutional rights.
Evidence and Documentation Support: We assist in collecting, organizing, as well as preserving the crucial evidence to strengthen your legal case.
End-to-End Legal Support: From initial complaint to seeking for compensation and ensuring the accountability, the Lead India provides comprehensive legal assistance at each and every stage.
One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.
FAQs
1. Can the NHRC punish the police officers?
No. The NHRC can only recommend the action. The courts and the authorities decide the punishment.
2. What is the time limit to file the NHRC complaint?
One year from the date of the incident you can file the complaint.
3. Can the NHRC help in armed forces cases?
Its powers are limited, but it can seek reports and make recommendations.
4. Are the findings of NHRC useful in the court?
Yes. The courts often rely on the NHRC reports while they are deciding the constitutional cases.
