Textbook: Human Rights Violations - Complaint Mechanism (Quasi-Judicial Bodies) | Legal Studies for Class 12 - Humanities/Arts PDF Download

 Page 1


Human Rights Violations - 
Complaint Mechanism  
(Quasi - Judicial Bodies)
Learning Outcomes :
Students will be able to:
•	 name	the	various	Human	Rights	Commissions	in	India
•	 identify	the	functions	and	powers	of	various	Human	Rights	Commissions	in	India	
•	 discuss	the	complaint	mechanism	of	these	Human	Rights	Commissions
The	focus	of	this	chapter	is	on	the	Human	rights	commissions	and	their	complaint	mechanisms.
A. What are Quasi-judicial Bodies?
The	 quasi-judicial	 bodies	 typically	 ar e	 public	 administrative	 agencies	 under	 the	 r ealm	 of	 the	 e xecutive	
branch	 and	 ar e	 largely	 bestowed	 with	 authority	 similar 	 to	 cour ts.	 These	 bodies	 have	 the	 power	 to	
r esolve	disputes	and	also	impose	punishments.	
Examples	of	quasi-judicial	institutions	include:
•	 national	and	state	human	rights	commissions,
•	 central	and	state	infor mation	commissions,	
•	 consumer	r edr essal	forums	and	commissions,	
•	 income	tax	tribunals,	and	so	on.	
The	 most	 fundamental	 human	 rights	 bodies	 ar e	 the	 national	 human	 rights	 institutions	 that	 include	
the	following:
•	 National	Human	Rights	Commission	(NHRC)	
•	 National	Commission	for	Minorities	
•	 National	Commission	for	W omen	(NCW)
•	 National	Commission	for	Scheduled	Castes	
•	 National	Commission	for	Scheduled	T ribes,	and
•	 National	Commission	for	P rotection	of	Child	Rights	(NCPCR)	
These	 commissions	 ar e	independent or autonomous and transparent bodies 	 that	 ar e	 cr eated	
under	specific	legislations	to	promote	and	protect	human	rights.
F or	 e xample,	 the	National and State Human Rights Commissions ar e	 gover ned	 by	 the	
Protection of Human Rights Act, 1993. 
National	 commissions	 have	 jurisdiction	 over	 the	 entir e	 nation	 wher eas	 the	 parallel	 state	 commissions	
take	matters	of	human	rights	violations	from	the	r espective	states.
CHAPTER
5(B)
Page 2


Human Rights Violations - 
Complaint Mechanism  
(Quasi - Judicial Bodies)
Learning Outcomes :
Students will be able to:
•	 name	the	various	Human	Rights	Commissions	in	India
•	 identify	the	functions	and	powers	of	various	Human	Rights	Commissions	in	India	
•	 discuss	the	complaint	mechanism	of	these	Human	Rights	Commissions
The	focus	of	this	chapter	is	on	the	Human	rights	commissions	and	their	complaint	mechanisms.
A. What are Quasi-judicial Bodies?
The	 quasi-judicial	 bodies	 typically	 ar e	 public	 administrative	 agencies	 under	 the	 r ealm	 of	 the	 e xecutive	
branch	 and	 ar e	 largely	 bestowed	 with	 authority	 similar 	 to	 cour ts.	 These	 bodies	 have	 the	 power	 to	
r esolve	disputes	and	also	impose	punishments.	
Examples	of	quasi-judicial	institutions	include:
•	 national	and	state	human	rights	commissions,
•	 central	and	state	infor mation	commissions,	
•	 consumer	r edr essal	forums	and	commissions,	
•	 income	tax	tribunals,	and	so	on.	
The	 most	 fundamental	 human	 rights	 bodies	 ar e	 the	 national	 human	 rights	 institutions	 that	 include	
the	following:
•	 National	Human	Rights	Commission	(NHRC)	
•	 National	Commission	for	Minorities	
•	 National	Commission	for	W omen	(NCW)
•	 National	Commission	for	Scheduled	Castes	
•	 National	Commission	for	Scheduled	T ribes,	and
•	 National	Commission	for	P rotection	of	Child	Rights	(NCPCR)	
These	 commissions	 ar e	independent or autonomous and transparent bodies 	 that	 ar e	 cr eated	
under	specific	legislations	to	promote	and	protect	human	rights.
F or	 e xample,	 the	National and State Human Rights Commissions ar e	 gover ned	 by	 the	
Protection of Human Rights Act, 1993. 
National	 commissions	 have	 jurisdiction	 over	 the	 entir e	 nation	 wher eas	 the	 parallel	 state	 commissions	
take	matters	of	human	rights	violations	from	the	r espective	states.
CHAPTER
5(B)
B. Various Human Rights Commissions
1. NATIONAL HUMAN RIGHTS COMMISSION (NHRC)
1.1  Introduction
The	 specific	 legislation	 called	 the	 P rotection	 of	 Human	 Rights	 Act	 was	 enacted	 by	 the	 P arliament	 in	
1993,	 which	 in	 tur n	 established	 the	 National	 Human	 Rights	 Commission	 as	 an	 independent	 institution	
with	powers	and	functions	to	promote	and	protect	human	rights.
This	 act	 also	 provides	 for	 the	 constitution	 of	 State	 Human	 Rights	 Commissions	 at	 state	 levels	 for	
access	to	complaint	mechanisms	at	the	state	level.	
1.2 Constitution
The	 National	 Commission	 is	 headed	 by	 the	 Chairperson	 who	 is	 a	 for mer	 Chief	 Justice	 of	 the	 Supr eme	
Cour t.	The	other	members	of	Commission	ar e:
? 	 one	 member	 who	 is	 a	 for mer	 judge	 of	 the	 Supr eme	 Cour t,	 another	 member	 who	 is	 pr esent	 or	
for mer	 Chief	 Justice	 of	 a	 High	 Cour t,	 and	 two	 other	 members	 with	 knowledge	 or	 e xperience	 in	
matters	r elating	to	human	rights.	
? 	 Besides,	 ther e	 is	 a	 Secr etar y -General	 who	 is	 the	 Chief	 Executive	 Officer	 of	 the	 Commission	 who	
largely	discharges	administrative	duties	of	the	Commission.	
•	 The	 Chairperson	 and	 the	 members	 ar e	 appointed	 by	 the	 P r esident	 of	 India	 on	 r ecommendation	
of	 a	 committee	 consisting	 of	 the	 P rime	 Minister ,	 the	 Speaker	 of	 the	 House	 of	 the	 P eople	 (Lok	
Sabha),	 Minister	 of	 Home	 Affairs	 at	 the	 center ,	 L eader	 of	 Opposition	 in	 the	 Lok	 Sabha,	 L eader	
of	 Opposition	 in	 the	 Coun cil	 of	 States	 (Rajya	 Sabha) ,	 and	 Deputy	 Chair man	 of	 the	 Rajya	
Sabha.	
•		 The	 committee	 is	 r equir ed	 to	 consult	 the	 Chief	 Justice	 of	 India	 whenever	 a	 sitting	 judge	 of	 the	
Supr eme	Cour t	or	sitting	Chief	Justice	of	a	High	Cour t	is	appointed	to	the	Commission.	
•	 The	 gover nment	 also	 appoints	 police	 officers	 and	 investigative	 staff	 and	 other	 administrative,	
technical	and	scientific	personnel	for	the	efficient	functioning	of	the	Commission.	
The	 National	 Commission	 is	 based	 in	 New	 Delhi.	 The	 State	 Commissions	 also	 complement	 the	
working	of	the	National	Commission.
1.3 Functions of the Commission
The	Commission	is	vested	with	the	functions	as	given	below .
Inquiry and Investigation - One	 of	 the	 Commission ’s	 roles	 is	 to	 conduct	 inquir y	 and	 investigation	
into	 the	alleged violation of human rights or abetment (aiding or supporting) or negligence 
in the prevention of such violation by a public servant. 
The	 complaint	 can	 be	 filed	 by	 the	 victim	 or	 his	 or	 her	 r epr esentative,	 or	 the	 cour t	 may	 dir ect	 the	
Commission	 with	 a	 complaint,	 and	 at	 times	 the	 Comm ission	 may	 initiate	 inquir y	 and	 investigation	
on	its	own	(Suo motu ).
Suo	 Motu	 means	 ‘ on	 its	 own	 motion ’	 and	 r elates	 to	 an	 action	 taken	 by	 a	 cour t	 of	 its	 own	 accord.	
without	any	r equest	by	the	par ties	involved.	
F or	 e xample,	 the	 Commissio n	 may	 inquir e	 suo	 motu	 based	 on	 some	 human	 rights	 violations	 news	 or	
r epor t	published	through	the	media.	
Page 3


Human Rights Violations - 
Complaint Mechanism  
(Quasi - Judicial Bodies)
Learning Outcomes :
Students will be able to:
•	 name	the	various	Human	Rights	Commissions	in	India
•	 identify	the	functions	and	powers	of	various	Human	Rights	Commissions	in	India	
•	 discuss	the	complaint	mechanism	of	these	Human	Rights	Commissions
The	focus	of	this	chapter	is	on	the	Human	rights	commissions	and	their	complaint	mechanisms.
A. What are Quasi-judicial Bodies?
The	 quasi-judicial	 bodies	 typically	 ar e	 public	 administrative	 agencies	 under	 the	 r ealm	 of	 the	 e xecutive	
branch	 and	 ar e	 largely	 bestowed	 with	 authority	 similar 	 to	 cour ts.	 These	 bodies	 have	 the	 power	 to	
r esolve	disputes	and	also	impose	punishments.	
Examples	of	quasi-judicial	institutions	include:
•	 national	and	state	human	rights	commissions,
•	 central	and	state	infor mation	commissions,	
•	 consumer	r edr essal	forums	and	commissions,	
•	 income	tax	tribunals,	and	so	on.	
The	 most	 fundamental	 human	 rights	 bodies	 ar e	 the	 national	 human	 rights	 institutions	 that	 include	
the	following:
•	 National	Human	Rights	Commission	(NHRC)	
•	 National	Commission	for	Minorities	
•	 National	Commission	for	W omen	(NCW)
•	 National	Commission	for	Scheduled	Castes	
•	 National	Commission	for	Scheduled	T ribes,	and
•	 National	Commission	for	P rotection	of	Child	Rights	(NCPCR)	
These	 commissions	 ar e	independent or autonomous and transparent bodies 	 that	 ar e	 cr eated	
under	specific	legislations	to	promote	and	protect	human	rights.
F or	 e xample,	 the	National and State Human Rights Commissions ar e	 gover ned	 by	 the	
Protection of Human Rights Act, 1993. 
National	 commissions	 have	 jurisdiction	 over	 the	 entir e	 nation	 wher eas	 the	 parallel	 state	 commissions	
take	matters	of	human	rights	violations	from	the	r espective	states.
CHAPTER
5(B)
B. Various Human Rights Commissions
1. NATIONAL HUMAN RIGHTS COMMISSION (NHRC)
1.1  Introduction
The	 specific	 legislation	 called	 the	 P rotection	 of	 Human	 Rights	 Act	 was	 enacted	 by	 the	 P arliament	 in	
1993,	 which	 in	 tur n	 established	 the	 National	 Human	 Rights	 Commission	 as	 an	 independent	 institution	
with	powers	and	functions	to	promote	and	protect	human	rights.
This	 act	 also	 provides	 for	 the	 constitution	 of	 State	 Human	 Rights	 Commissions	 at	 state	 levels	 for	
access	to	complaint	mechanisms	at	the	state	level.	
1.2 Constitution
The	 National	 Commission	 is	 headed	 by	 the	 Chairperson	 who	 is	 a	 for mer	 Chief	 Justice	 of	 the	 Supr eme	
Cour t.	The	other	members	of	Commission	ar e:
? 	 one	 member	 who	 is	 a	 for mer	 judge	 of	 the	 Supr eme	 Cour t,	 another	 member	 who	 is	 pr esent	 or	
for mer	 Chief	 Justice	 of	 a	 High	 Cour t,	 and	 two	 other	 members	 with	 knowledge	 or	 e xperience	 in	
matters	r elating	to	human	rights.	
? 	 Besides,	 ther e	 is	 a	 Secr etar y -General	 who	 is	 the	 Chief	 Executive	 Officer	 of	 the	 Commission	 who	
largely	discharges	administrative	duties	of	the	Commission.	
•	 The	 Chairperson	 and	 the	 members	 ar e	 appointed	 by	 the	 P r esident	 of	 India	 on	 r ecommendation	
of	 a	 committee	 consisting	 of	 the	 P rime	 Minister ,	 the	 Speaker	 of	 the	 House	 of	 the	 P eople	 (Lok	
Sabha),	 Minister	 of	 Home	 Affairs	 at	 the	 center ,	 L eader	 of	 Opposition	 in	 the	 Lok	 Sabha,	 L eader	
of	 Opposition	 in	 the	 Coun cil	 of	 States	 (Rajya	 Sabha) ,	 and	 Deputy	 Chair man	 of	 the	 Rajya	
Sabha.	
•		 The	 committee	 is	 r equir ed	 to	 consult	 the	 Chief	 Justice	 of	 India	 whenever	 a	 sitting	 judge	 of	 the	
Supr eme	Cour t	or	sitting	Chief	Justice	of	a	High	Cour t	is	appointed	to	the	Commission.	
•	 The	 gover nment	 also	 appoints	 police	 officers	 and	 investigative	 staff	 and	 other	 administrative,	
technical	and	scientific	personnel	for	the	efficient	functioning	of	the	Commission.	
The	 National	 Commission	 is	 based	 in	 New	 Delhi.	 The	 State	 Commissions	 also	 complement	 the	
working	of	the	National	Commission.
1.3 Functions of the Commission
The	Commission	is	vested	with	the	functions	as	given	below .
Inquiry and Investigation - One	 of	 the	 Commission ’s	 roles	 is	 to	 conduct	 inquir y	 and	 investigation	
into	 the	alleged violation of human rights or abetment (aiding or supporting) or negligence 
in the prevention of such violation by a public servant. 
The	 complaint	 can	 be	 filed	 by	 the	 victim	 or	 his	 or	 her	 r epr esentative,	 or	 the	 cour t	 may	 dir ect	 the	
Commission	 with	 a	 complaint,	 and	 at	 times	 the	 Comm ission	 may	 initiate	 inquir y	 and	 investigation	
on	its	own	(Suo motu ).
Suo	 Motu	 means	 ‘ on	 its	 own	 motion ’	 and	 r elates	 to	 an	 action	 taken	 by	 a	 cour t	 of	 its	 own	 accord.	
without	any	r equest	by	the	par ties	involved.	
F or	 e xample,	 the	 Commissio n	 may	 inquir e	 suo	 motu	 based	 on	 some	 human	 rights	 violations	 news	 or	
r epor t	published	through	the	media.	
149
Suo	 motu	 inquir y	 is	 especia lly	 useful	 when	 the	 victims	 belong	 to	 weaker	 sections	 of	 the	 society	 and	
have	limited	access	to	justice	deliver y	mechanisms.
1.4  Powers of the Commission 
The	Commission	has	the	powers	of	a	civil	cour t.
In	 conducting	 an	 inquir y	 or	 investigation,	 the	 commission	 can	 utilize	 various	 powers	 including	 the	
following:
•	 summon	and	enfor ce	the	attendance	of	witnesses	and	e xamine	them	on	oath;
•	 ask	for	production	of	any	document	befor e	itself;
•	 r eceive	evidence	on	affidavits;
•	 r equest	public	r ecord	from	any	cour t	or	office;	and
•	 e xamine	witnesses	or	documents.
On completion of Enquiry:
Once	 the	 inquir y	 is	 completed,	 the	 Commission	 can	 make	 r ecommendations	 to	 gover nmental	
authority	in	cases	wher e	any public servant is the perpetrator of human rights violation. 
•	 The	 r ecommendation	 may	 include	payment of compensation to the victims 	 or	 suggest	
initiation of proceedings for prosecution of the public servant.
•	 	 The	 Commission	 can	 also	approach the Supreme Court or the High Court for directions 
and orders. 
•	 The	 Commission	 may	 also	 ask	 the	 State	 authorit y	 to	 provide	immediate interim relief to 
the victim.
Intervening in court proceedings - The	 Commission	 may	 with	 the	 per mission	 of	 the	 cour t	
inter vene	in	cour t	proceedings	concer ning	human	rights	violations.	
F or	 e xample,	 the	 Commissio n	 can	 r equest	 the	 Supr eme	 Cour t	 to	 transfer	 pending	 riot	 cases	 out	 of	 a	
state	 in	 which	 the	 riots	 had	 happened	 to	 ensur e	 the	 witnesses	ar e	 not	 thr eatened	 in	 any	 manner	 and	
that	evidences	ar e	not	damaged.
Inspection of jails, etc. - The	 Commission	 may	 also	 visit	 any	 jail	 or	 other	 gover nmental	 institutions,	
wher e	 prisone rs	 ar e	 lodged 	 or	 detained,	 to	 study	 the	 living	 conditions	 of	 the	 inmates	 and	 make	
r ecommendations	to	the	gover nment.
Awareness and Sensitization - The	 Commission	 can	 r eview	 various	 human	 rights	 laws	 either	
in	 the	 Constitu tion	 or	 other	 statutes	 and	 r ecommend	 measur es	 to	 the	 gover nment	 for	 their	 effective	
implementation.
The	 Commission	 can	 also	 evaluate	 various	 factors,	 including	 acts	 of	 ter rorism,	 which	 pr event	 the	
enjoyment	of	human	rights	and	r ecommend	appropriate	r emedial	measur es	to	the	gover nment.	
The	 Commission ’s	 role	 includes	 studying	 various	 inter national	 human	 rights	 laws	 and	 make	
r ecommendations	for	their	effective	implementation	at	the	domestic	level	(within	the	State).
F ur ther mor e,	 the	 Commission	 can	 under take	 and	 promote	 r esear ch	 in	 the	 field	 of	 human 	 rights	 as	
well	as	spr ead	human	rights	literacy	among	various	sections	of	society .	
It	 can	 promot e	 awar eness	 of	 the	 safeguards	 available	 for	 the	 protection	 of	 human	 rights	 through	
publications,	media,	seminars,	and	other	available	means.	
Page 4


Human Rights Violations - 
Complaint Mechanism  
(Quasi - Judicial Bodies)
Learning Outcomes :
Students will be able to:
•	 name	the	various	Human	Rights	Commissions	in	India
•	 identify	the	functions	and	powers	of	various	Human	Rights	Commissions	in	India	
•	 discuss	the	complaint	mechanism	of	these	Human	Rights	Commissions
The	focus	of	this	chapter	is	on	the	Human	rights	commissions	and	their	complaint	mechanisms.
A. What are Quasi-judicial Bodies?
The	 quasi-judicial	 bodies	 typically	 ar e	 public	 administrative	 agencies	 under	 the	 r ealm	 of	 the	 e xecutive	
branch	 and	 ar e	 largely	 bestowed	 with	 authority	 similar 	 to	 cour ts.	 These	 bodies	 have	 the	 power	 to	
r esolve	disputes	and	also	impose	punishments.	
Examples	of	quasi-judicial	institutions	include:
•	 national	and	state	human	rights	commissions,
•	 central	and	state	infor mation	commissions,	
•	 consumer	r edr essal	forums	and	commissions,	
•	 income	tax	tribunals,	and	so	on.	
The	 most	 fundamental	 human	 rights	 bodies	 ar e	 the	 national	 human	 rights	 institutions	 that	 include	
the	following:
•	 National	Human	Rights	Commission	(NHRC)	
•	 National	Commission	for	Minorities	
•	 National	Commission	for	W omen	(NCW)
•	 National	Commission	for	Scheduled	Castes	
•	 National	Commission	for	Scheduled	T ribes,	and
•	 National	Commission	for	P rotection	of	Child	Rights	(NCPCR)	
These	 commissions	 ar e	independent or autonomous and transparent bodies 	 that	 ar e	 cr eated	
under	specific	legislations	to	promote	and	protect	human	rights.
F or	 e xample,	 the	National and State Human Rights Commissions ar e	 gover ned	 by	 the	
Protection of Human Rights Act, 1993. 
National	 commissions	 have	 jurisdiction	 over	 the	 entir e	 nation	 wher eas	 the	 parallel	 state	 commissions	
take	matters	of	human	rights	violations	from	the	r espective	states.
CHAPTER
5(B)
B. Various Human Rights Commissions
1. NATIONAL HUMAN RIGHTS COMMISSION (NHRC)
1.1  Introduction
The	 specific	 legislation	 called	 the	 P rotection	 of	 Human	 Rights	 Act	 was	 enacted	 by	 the	 P arliament	 in	
1993,	 which	 in	 tur n	 established	 the	 National	 Human	 Rights	 Commission	 as	 an	 independent	 institution	
with	powers	and	functions	to	promote	and	protect	human	rights.
This	 act	 also	 provides	 for	 the	 constitution	 of	 State	 Human	 Rights	 Commissions	 at	 state	 levels	 for	
access	to	complaint	mechanisms	at	the	state	level.	
1.2 Constitution
The	 National	 Commission	 is	 headed	 by	 the	 Chairperson	 who	 is	 a	 for mer	 Chief	 Justice	 of	 the	 Supr eme	
Cour t.	The	other	members	of	Commission	ar e:
? 	 one	 member	 who	 is	 a	 for mer	 judge	 of	 the	 Supr eme	 Cour t,	 another	 member	 who	 is	 pr esent	 or	
for mer	 Chief	 Justice	 of	 a	 High	 Cour t,	 and	 two	 other	 members	 with	 knowledge	 or	 e xperience	 in	
matters	r elating	to	human	rights.	
? 	 Besides,	 ther e	 is	 a	 Secr etar y -General	 who	 is	 the	 Chief	 Executive	 Officer	 of	 the	 Commission	 who	
largely	discharges	administrative	duties	of	the	Commission.	
•	 The	 Chairperson	 and	 the	 members	 ar e	 appointed	 by	 the	 P r esident	 of	 India	 on	 r ecommendation	
of	 a	 committee	 consisting	 of	 the	 P rime	 Minister ,	 the	 Speaker	 of	 the	 House	 of	 the	 P eople	 (Lok	
Sabha),	 Minister	 of	 Home	 Affairs	 at	 the	 center ,	 L eader	 of	 Opposition	 in	 the	 Lok	 Sabha,	 L eader	
of	 Opposition	 in	 the	 Coun cil	 of	 States	 (Rajya	 Sabha) ,	 and	 Deputy	 Chair man	 of	 the	 Rajya	
Sabha.	
•		 The	 committee	 is	 r equir ed	 to	 consult	 the	 Chief	 Justice	 of	 India	 whenever	 a	 sitting	 judge	 of	 the	
Supr eme	Cour t	or	sitting	Chief	Justice	of	a	High	Cour t	is	appointed	to	the	Commission.	
•	 The	 gover nment	 also	 appoints	 police	 officers	 and	 investigative	 staff	 and	 other	 administrative,	
technical	and	scientific	personnel	for	the	efficient	functioning	of	the	Commission.	
The	 National	 Commission	 is	 based	 in	 New	 Delhi.	 The	 State	 Commissions	 also	 complement	 the	
working	of	the	National	Commission.
1.3 Functions of the Commission
The	Commission	is	vested	with	the	functions	as	given	below .
Inquiry and Investigation - One	 of	 the	 Commission ’s	 roles	 is	 to	 conduct	 inquir y	 and	 investigation	
into	 the	alleged violation of human rights or abetment (aiding or supporting) or negligence 
in the prevention of such violation by a public servant. 
The	 complaint	 can	 be	 filed	 by	 the	 victim	 or	 his	 or	 her	 r epr esentative,	 or	 the	 cour t	 may	 dir ect	 the	
Commission	 with	 a	 complaint,	 and	 at	 times	 the	 Comm ission	 may	 initiate	 inquir y	 and	 investigation	
on	its	own	(Suo motu ).
Suo	 Motu	 means	 ‘ on	 its	 own	 motion ’	 and	 r elates	 to	 an	 action	 taken	 by	 a	 cour t	 of	 its	 own	 accord.	
without	any	r equest	by	the	par ties	involved.	
F or	 e xample,	 the	 Commissio n	 may	 inquir e	 suo	 motu	 based	 on	 some	 human	 rights	 violations	 news	 or	
r epor t	published	through	the	media.	
149
Suo	 motu	 inquir y	 is	 especia lly	 useful	 when	 the	 victims	 belong	 to	 weaker	 sections	 of	 the	 society	 and	
have	limited	access	to	justice	deliver y	mechanisms.
1.4  Powers of the Commission 
The	Commission	has	the	powers	of	a	civil	cour t.
In	 conducting	 an	 inquir y	 or	 investigation,	 the	 commission	 can	 utilize	 various	 powers	 including	 the	
following:
•	 summon	and	enfor ce	the	attendance	of	witnesses	and	e xamine	them	on	oath;
•	 ask	for	production	of	any	document	befor e	itself;
•	 r eceive	evidence	on	affidavits;
•	 r equest	public	r ecord	from	any	cour t	or	office;	and
•	 e xamine	witnesses	or	documents.
On completion of Enquiry:
Once	 the	 inquir y	 is	 completed,	 the	 Commission	 can	 make	 r ecommendations	 to	 gover nmental	
authority	in	cases	wher e	any public servant is the perpetrator of human rights violation. 
•	 The	 r ecommendation	 may	 include	payment of compensation to the victims 	 or	 suggest	
initiation of proceedings for prosecution of the public servant.
•	 	 The	 Commission	 can	 also	approach the Supreme Court or the High Court for directions 
and orders. 
•	 The	 Commission	 may	 also	 ask	 the	 State	 authorit y	 to	 provide	immediate interim relief to 
the victim.
Intervening in court proceedings - The	 Commission	 may	 with	 the	 per mission	 of	 the	 cour t	
inter vene	in	cour t	proceedings	concer ning	human	rights	violations.	
F or	 e xample,	 the	 Commissio n	 can	 r equest	 the	 Supr eme	 Cour t	 to	 transfer	 pending	 riot	 cases	 out	 of	 a	
state	 in	 which	 the	 riots	 had	 happened	 to	 ensur e	 the	 witnesses	ar e	 not	 thr eatened	 in	 any	 manner	 and	
that	evidences	ar e	not	damaged.
Inspection of jails, etc. - The	 Commission	 may	 also	 visit	 any	 jail	 or	 other	 gover nmental	 institutions,	
wher e	 prisone rs	 ar e	 lodged 	 or	 detained,	 to	 study	 the	 living	 conditions	 of	 the	 inmates	 and	 make	
r ecommendations	to	the	gover nment.
Awareness and Sensitization - The	 Commission	 can	 r eview	 various	 human	 rights	 laws	 either	
in	 the	 Constitu tion	 or	 other	 statutes	 and	 r ecommend	 measur es	 to	 the	 gover nment	 for	 their	 effective	
implementation.
The	 Commission	 can	 also	 evaluate	 various	 factors,	 including	 acts	 of	 ter rorism,	 which	 pr event	 the	
enjoyment	of	human	rights	and	r ecommend	appropriate	r emedial	measur es	to	the	gover nment.	
The	 Commission ’s	 role	 includes	 studying	 various	 inter national	 human	 rights	 laws	 and	 make	
r ecommendations	for	their	effective	implementation	at	the	domestic	level	(within	the	State).
F ur ther mor e,	 the	 Commission	 can	 under take	 and	 promote	 r esear ch	 in	 the	 field	 of	 human 	 rights	 as	
well	as	spr ead	human	rights	literacy	among	various	sections	of	society .	
It	 can	 promot e	 awar eness	 of	 the	 safeguards	 available	 for	 the	 protection	 of	 human	 rights	 through	
publications,	media,	seminars,	and	other	available	means.	
150
L astly ,	 the	 Commission	 can	 encourage	 and	 suppor t	 the	 effor ts	 of	 non -	 gover nmental	 organizations	
and	institutions	involved	with	human	rights	work.
1.5  Complaint Mechanism
The	 complaint	 mechanism	 procedur e	 with	 the	 Nation al	 Human	 Rights	 Commission	 is	 easy	 and	
straightfor ward.	
Any	 one	 aggrieved	 of	 human	 rights	 violation	 or	 their	 r epr esentatives	 can	 lodge	 a	 complaint	 with	 the	
Commission	in	any	language.	
The	 complaint 	 can	 be	 filed	 online	 at	 www .nhr c.nic.in 	 or	 by	 paper	 petition	 using	 the	 complaint	 for mat	
provided	on	the	website.	
The		complaint	can	be	sent	either	by	P ost	or	F ax	or	through	E-mail.	
Ther e	if	no	fee	for	filing	a	complaint.	
The	complaint	must	be	filed	within	a	year	of	the	occur r ence	of	the	human	rights	violation.	
Once	 the	 complaint	 is	 pending	 befor e	 the	 commission ,	 one	 can	 check	 the	 status	 of	 the	 complaint	
online.
In-Class Exercise
National Human Rights Commission of India has prescribed a complaint format as given below. Use the format 
and prepare a complaint on any human rights violation either hypothetical or real that you may be aware of, 
or you may have read/heard in the news and so on. The NHRC guidelines given below in row three are for 
reference purpose. This complaint must be used for classroom exercise only and be submitted to the course 
instructor for evaluation.
Format for filing a complaint with the NHRC
A. Complainant’s Details
 1. Name:
 2.  Sex: Male / Female
 3.  State:
 4.  Full Address:
 5.  District:
 6.  Pin Code:
B.  Incident Details
 1. Incident Place(Village/Town/City):
 2. State:
 3. District:
 4. Date of Incident: 
C.	 Victim’ s	De t ails
 1.  Name of the victim:
 2.  No. of victims:
 3.  State:
 4.  Full Address:
 5.  District: 
 6.  Pin Code:
 7. Religion:
Page 5


Human Rights Violations - 
Complaint Mechanism  
(Quasi - Judicial Bodies)
Learning Outcomes :
Students will be able to:
•	 name	the	various	Human	Rights	Commissions	in	India
•	 identify	the	functions	and	powers	of	various	Human	Rights	Commissions	in	India	
•	 discuss	the	complaint	mechanism	of	these	Human	Rights	Commissions
The	focus	of	this	chapter	is	on	the	Human	rights	commissions	and	their	complaint	mechanisms.
A. What are Quasi-judicial Bodies?
The	 quasi-judicial	 bodies	 typically	 ar e	 public	 administrative	 agencies	 under	 the	 r ealm	 of	 the	 e xecutive	
branch	 and	 ar e	 largely	 bestowed	 with	 authority	 similar 	 to	 cour ts.	 These	 bodies	 have	 the	 power	 to	
r esolve	disputes	and	also	impose	punishments.	
Examples	of	quasi-judicial	institutions	include:
•	 national	and	state	human	rights	commissions,
•	 central	and	state	infor mation	commissions,	
•	 consumer	r edr essal	forums	and	commissions,	
•	 income	tax	tribunals,	and	so	on.	
The	 most	 fundamental	 human	 rights	 bodies	 ar e	 the	 national	 human	 rights	 institutions	 that	 include	
the	following:
•	 National	Human	Rights	Commission	(NHRC)	
•	 National	Commission	for	Minorities	
•	 National	Commission	for	W omen	(NCW)
•	 National	Commission	for	Scheduled	Castes	
•	 National	Commission	for	Scheduled	T ribes,	and
•	 National	Commission	for	P rotection	of	Child	Rights	(NCPCR)	
These	 commissions	 ar e	independent or autonomous and transparent bodies 	 that	 ar e	 cr eated	
under	specific	legislations	to	promote	and	protect	human	rights.
F or	 e xample,	 the	National and State Human Rights Commissions ar e	 gover ned	 by	 the	
Protection of Human Rights Act, 1993. 
National	 commissions	 have	 jurisdiction	 over	 the	 entir e	 nation	 wher eas	 the	 parallel	 state	 commissions	
take	matters	of	human	rights	violations	from	the	r espective	states.
CHAPTER
5(B)
B. Various Human Rights Commissions
1. NATIONAL HUMAN RIGHTS COMMISSION (NHRC)
1.1  Introduction
The	 specific	 legislation	 called	 the	 P rotection	 of	 Human	 Rights	 Act	 was	 enacted	 by	 the	 P arliament	 in	
1993,	 which	 in	 tur n	 established	 the	 National	 Human	 Rights	 Commission	 as	 an	 independent	 institution	
with	powers	and	functions	to	promote	and	protect	human	rights.
This	 act	 also	 provides	 for	 the	 constitution	 of	 State	 Human	 Rights	 Commissions	 at	 state	 levels	 for	
access	to	complaint	mechanisms	at	the	state	level.	
1.2 Constitution
The	 National	 Commission	 is	 headed	 by	 the	 Chairperson	 who	 is	 a	 for mer	 Chief	 Justice	 of	 the	 Supr eme	
Cour t.	The	other	members	of	Commission	ar e:
? 	 one	 member	 who	 is	 a	 for mer	 judge	 of	 the	 Supr eme	 Cour t,	 another	 member	 who	 is	 pr esent	 or	
for mer	 Chief	 Justice	 of	 a	 High	 Cour t,	 and	 two	 other	 members	 with	 knowledge	 or	 e xperience	 in	
matters	r elating	to	human	rights.	
? 	 Besides,	 ther e	 is	 a	 Secr etar y -General	 who	 is	 the	 Chief	 Executive	 Officer	 of	 the	 Commission	 who	
largely	discharges	administrative	duties	of	the	Commission.	
•	 The	 Chairperson	 and	 the	 members	 ar e	 appointed	 by	 the	 P r esident	 of	 India	 on	 r ecommendation	
of	 a	 committee	 consisting	 of	 the	 P rime	 Minister ,	 the	 Speaker	 of	 the	 House	 of	 the	 P eople	 (Lok	
Sabha),	 Minister	 of	 Home	 Affairs	 at	 the	 center ,	 L eader	 of	 Opposition	 in	 the	 Lok	 Sabha,	 L eader	
of	 Opposition	 in	 the	 Coun cil	 of	 States	 (Rajya	 Sabha) ,	 and	 Deputy	 Chair man	 of	 the	 Rajya	
Sabha.	
•		 The	 committee	 is	 r equir ed	 to	 consult	 the	 Chief	 Justice	 of	 India	 whenever	 a	 sitting	 judge	 of	 the	
Supr eme	Cour t	or	sitting	Chief	Justice	of	a	High	Cour t	is	appointed	to	the	Commission.	
•	 The	 gover nment	 also	 appoints	 police	 officers	 and	 investigative	 staff	 and	 other	 administrative,	
technical	and	scientific	personnel	for	the	efficient	functioning	of	the	Commission.	
The	 National	 Commission	 is	 based	 in	 New	 Delhi.	 The	 State	 Commissions	 also	 complement	 the	
working	of	the	National	Commission.
1.3 Functions of the Commission
The	Commission	is	vested	with	the	functions	as	given	below .
Inquiry and Investigation - One	 of	 the	 Commission ’s	 roles	 is	 to	 conduct	 inquir y	 and	 investigation	
into	 the	alleged violation of human rights or abetment (aiding or supporting) or negligence 
in the prevention of such violation by a public servant. 
The	 complaint	 can	 be	 filed	 by	 the	 victim	 or	 his	 or	 her	 r epr esentative,	 or	 the	 cour t	 may	 dir ect	 the	
Commission	 with	 a	 complaint,	 and	 at	 times	 the	 Comm ission	 may	 initiate	 inquir y	 and	 investigation	
on	its	own	(Suo motu ).
Suo	 Motu	 means	 ‘ on	 its	 own	 motion ’	 and	 r elates	 to	 an	 action	 taken	 by	 a	 cour t	 of	 its	 own	 accord.	
without	any	r equest	by	the	par ties	involved.	
F or	 e xample,	 the	 Commissio n	 may	 inquir e	 suo	 motu	 based	 on	 some	 human	 rights	 violations	 news	 or	
r epor t	published	through	the	media.	
149
Suo	 motu	 inquir y	 is	 especia lly	 useful	 when	 the	 victims	 belong	 to	 weaker	 sections	 of	 the	 society	 and	
have	limited	access	to	justice	deliver y	mechanisms.
1.4  Powers of the Commission 
The	Commission	has	the	powers	of	a	civil	cour t.
In	 conducting	 an	 inquir y	 or	 investigation,	 the	 commission	 can	 utilize	 various	 powers	 including	 the	
following:
•	 summon	and	enfor ce	the	attendance	of	witnesses	and	e xamine	them	on	oath;
•	 ask	for	production	of	any	document	befor e	itself;
•	 r eceive	evidence	on	affidavits;
•	 r equest	public	r ecord	from	any	cour t	or	office;	and
•	 e xamine	witnesses	or	documents.
On completion of Enquiry:
Once	 the	 inquir y	 is	 completed,	 the	 Commission	 can	 make	 r ecommendations	 to	 gover nmental	
authority	in	cases	wher e	any public servant is the perpetrator of human rights violation. 
•	 The	 r ecommendation	 may	 include	payment of compensation to the victims 	 or	 suggest	
initiation of proceedings for prosecution of the public servant.
•	 	 The	 Commission	 can	 also	approach the Supreme Court or the High Court for directions 
and orders. 
•	 The	 Commission	 may	 also	 ask	 the	 State	 authorit y	 to	 provide	immediate interim relief to 
the victim.
Intervening in court proceedings - The	 Commission	 may	 with	 the	 per mission	 of	 the	 cour t	
inter vene	in	cour t	proceedings	concer ning	human	rights	violations.	
F or	 e xample,	 the	 Commissio n	 can	 r equest	 the	 Supr eme	 Cour t	 to	 transfer	 pending	 riot	 cases	 out	 of	 a	
state	 in	 which	 the	 riots	 had	 happened	 to	 ensur e	 the	 witnesses	ar e	 not	 thr eatened	 in	 any	 manner	 and	
that	evidences	ar e	not	damaged.
Inspection of jails, etc. - The	 Commission	 may	 also	 visit	 any	 jail	 or	 other	 gover nmental	 institutions,	
wher e	 prisone rs	 ar e	 lodged 	 or	 detained,	 to	 study	 the	 living	 conditions	 of	 the	 inmates	 and	 make	
r ecommendations	to	the	gover nment.
Awareness and Sensitization - The	 Commission	 can	 r eview	 various	 human	 rights	 laws	 either	
in	 the	 Constitu tion	 or	 other	 statutes	 and	 r ecommend	 measur es	 to	 the	 gover nment	 for	 their	 effective	
implementation.
The	 Commission	 can	 also	 evaluate	 various	 factors,	 including	 acts	 of	 ter rorism,	 which	 pr event	 the	
enjoyment	of	human	rights	and	r ecommend	appropriate	r emedial	measur es	to	the	gover nment.	
The	 Commission ’s	 role	 includes	 studying	 various	 inter national	 human	 rights	 laws	 and	 make	
r ecommendations	for	their	effective	implementation	at	the	domestic	level	(within	the	State).
F ur ther mor e,	 the	 Commission	 can	 under take	 and	 promote	 r esear ch	 in	 the	 field	 of	 human 	 rights	 as	
well	as	spr ead	human	rights	literacy	among	various	sections	of	society .	
It	 can	 promot e	 awar eness	 of	 the	 safeguards	 available	 for	 the	 protection	 of	 human	 rights	 through	
publications,	media,	seminars,	and	other	available	means.	
150
L astly ,	 the	 Commission	 can	 encourage	 and	 suppor t	 the	 effor ts	 of	 non -	 gover nmental	 organizations	
and	institutions	involved	with	human	rights	work.
1.5  Complaint Mechanism
The	 complaint	 mechanism	 procedur e	 with	 the	 Nation al	 Human	 Rights	 Commission	 is	 easy	 and	
straightfor ward.	
Any	 one	 aggrieved	 of	 human	 rights	 violation	 or	 their	 r epr esentatives	 can	 lodge	 a	 complaint	 with	 the	
Commission	in	any	language.	
The	 complaint 	 can	 be	 filed	 online	 at	 www .nhr c.nic.in 	 or	 by	 paper	 petition	 using	 the	 complaint	 for mat	
provided	on	the	website.	
The		complaint	can	be	sent	either	by	P ost	or	F ax	or	through	E-mail.	
Ther e	if	no	fee	for	filing	a	complaint.	
The	complaint	must	be	filed	within	a	year	of	the	occur r ence	of	the	human	rights	violation.	
Once	 the	 complaint	 is	 pending	 befor e	 the	 commission ,	 one	 can	 check	 the	 status	 of	 the	 complaint	
online.
In-Class Exercise
National Human Rights Commission of India has prescribed a complaint format as given below. Use the format 
and prepare a complaint on any human rights violation either hypothetical or real that you may be aware of, 
or you may have read/heard in the news and so on. The NHRC guidelines given below in row three are for 
reference purpose. This complaint must be used for classroom exercise only and be submitted to the course 
instructor for evaluation.
Format for filing a complaint with the NHRC
A. Complainant’s Details
 1. Name:
 2.  Sex: Male / Female
 3.  State:
 4.  Full Address:
 5.  District:
 6.  Pin Code:
B.  Incident Details
 1. Incident Place(Village/Town/City):
 2. State:
 3. District:
 4. Date of Incident: 
C.	 Victim’ s	De t ails
 1.  Name of the victim:
 2.  No. of victims:
 3.  State:
 4.  Full Address:
 5.  District: 
 6.  Pin Code:
 7. Religion:
151
 8. Caste (SC/ST/OBC/General):
 9.  Sex:
 10. Age:
 11. Whether Disabled person:
D. Brief summary of facts/allegations of human rights involved:
E. Whether complaint is against Members of Armed Forces/ Para-Military:Yes/No
F. Whether similar complaint has been filed before any Court/State Human Rights Commission:
G. Name, designation & address of the public servant against whom Complaint is being made:
H.  Name, designation & address of the authority/officials to whom the public servant is answerable:
I.  Prayer/ Relief if any, sought: 
Guidelines	on	ho w	t o	file	c omplain t	with	the	NHR C
1.  Complaint may be made to the Commission by the victim or any other person on his behalf.
2. Complaint should be in writing either in English or Hindi or in any other language included in the eighth 
schedule of the Constitution. Only one set of complaint needs to be submitted to the Commission.
3. Complaint may be sent either by Post or Fax or E-mail.
4. No fee is chargeable on such complaints.
5. 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
6. 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 complaint by the Commission.
7.  Documents, if any enclosed in support of the allegations in the complaint must be legible.
8. Name of the victim, his/ her age, sex, religion/ caste, State and District to which the incident relates, 
incident date etc. should invariably be mentioned in the complaint.
9. Please submit the complaint preferably in the enclosed format.
10.  Following types of Complaint(s) are not ordinarily entertainable:
 (i)  Illegible
 (ii)  Vague, anonymous or pseudonymous.
 (iii)  Trivial or frivolous in nature.
 (iv)  The matters which are pending before a State Human Rights Commission or any other Commission.
 (v)  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.
 (vi)  Allegation is not against any public servant.
 (vii)  The issue raised relates to civil dispute, such property rights, contractual obligations, etc.
 (viii)  The issue raised relates to service matters. 
 (ix)  The issue raised relates to labour/industrial disputes.
 (x)  Allegations do not make out any specific violation of human rights.
 (xi) The matter is sub-judice before a Court/ Tribunal.
 (xii) The matter is covered by judicial verdict/decision of the Commission.
As far as possible complainants are encouraged to make use of the format given above to file their complaints. 
The guidelines indicate the kind of information, which would facilitate in processing a complaint.