Complaint mechanisms

The essentials

Besides courts, India has quasi-judicial bodies that hear complaints of rights violations. The Protection of Human Rights Act, 1993 set up the National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs). They can inquire into complaints, intervene in court proceedings, visit jails and other institutions, review safeguards and promote human rights awareness. Their findings are mainly recommendations to the government.

Key points

• NHRC chairperson: a person who has been Chief Justice of India or a judge of the Supreme Court. Other members include persons with judicial background and experts in human rights; chairpersons of several national commissions are deemed members.
• Powers: the powers of a civil court while inquiring – summoning witnesses, requiring documents and receiving evidence on affidavit.
• Time limit: the Commission does not inquire into a matter after one year from the date of the alleged act.
• Recommendations: may include compensation, prosecution or other action; the government must report the action taken.
• Other national commissions: National Commission for Women (1992); National Commission for Scheduled Castes (Article 338); National Commission for Scheduled Tribes (Article 338A); National Commission for Minorities; National Commission for Protection of Child Rights (under the Commissions for Protection of Child Rights Act, 2005).
• Human Rights Courts: the 1993 Act allows states to specify a Court of Session in each district as a Human Rights Court for speedy trial.

Exam tips

• Remember that the NHRC is a statutory body, while the SC and ST Commissions are constitutional bodies.
• The one-year limit for complaints is a commonly tested point.

Common mistakes

• Thinking the NHRC can itself punish offenders – it recommends action.
• Confusing the NHRC with the UN Human Rights Council.