Human Rights Commissions : A statutory body for public to file complaint against the State And Central government officers –

Human Rights Commissions : A statutory body for public to file

complaint against the ?State?And?Central?government ?officers –

It?Includes?PoliceOfficers?And?other?Public?Servants?from?any?

State?And?Central?Govt?Departments?:-

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A research on the Human Rights Commission (HRC) in the aspects of the social protection to peoples has been revealed in this article, such will explore the advantages to the Public and Merchants in obtaining the lawful remedy against the abusive officers in the country. The Human Rights Commission of India is a statutory public body, constituted under the protection of Human Rights by an Ordinance to take disciplinary actions against the abusive public servants and serving the people since 1993.

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The HRC has right to investigate the complaints filed against the abusive government servants in the state and union but many of the public does not know the functions of the Human Rights Commission. This article may help the common men in filing complaints with the National Human Rights Commission and State Human Rights Commission and guide them in the aforesaid proceedings. This article has explores the identified bottle necks in the Human Rights Commission proceedings and also suggested the public with a lawful remedies to overcome those bottle neck in the appropriate Apex courts.

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The article also narrates the practical difficulties in the HRC when the complaints faulty placed before the abusive officers whom they complaint placed and thus, take a extra millage to bring those before the Judicial & Legislative Supremacy for appropriate appointments of Judicial & Human Rights activists in the HRC and regulate the appointment of police officers in the Human Rights Commission.

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A NATIONAL?HUMAN?RIGHTS?COMMISSION ?– A QUASI?JUDICIAL?AUTHORITY?-?HAS?POWER?-- AUTHORITY?OF?CIVIL?COURT :-

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The National Human Rights Commission (NHRC) of India is statutory government ??VIS?A?VIS?Quasi?Judiciary?body constituted in 1993 under the Protection of Human Rights Act, 1993 (Amendment 2006).

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The Human Rights is responsible for protecting the human rights of individual guaranteed by the constitution and enforceable by the courts in India. Many of the people thinks, the aforesaid organization is only place for registering the complaint about the police abuses but the NHRC is not only the place for registering complaints against police officers but for registering complaints against any government officers in India.

Functions of National Human Rights Commission :-

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There?are ?several function for NHRC in the country, enquiry the violation of human rights by the government and negligence of such violation by a public servant and appropriate remedial measures including monetary reliefs and, promote the research in the field of human rights and, report inmates by visiting jail in the country, engaging the public with human rights awareness by conducting seminars, workshops (media) etc, and study treaties around the globe & make recommendation for implementation of human rights protection ?in the country.

The National Human Rights Commission is located at, Manav Adhikar Bhawan, Block C, GPO Complex, INA, New Delhi -110023 and has heading all the other Human Rights commission in the state and being one of the important statutory body in enforcing the law and protecting the human rights of the public.

Composition Bench ?in ?NHRC :-

The NHRC consist of Chairman and Five members, the chairman who has been the Chief Justice of India, one member who has been the justice of supreme court or chief justice of high court and where another 3 members who has knowledge and practical experience in dealing human rights case and among 1, must be a woman. The National Human Rights Commission has also consists of ex-officio members who has been appointed by the Government and has role to investigate and report the matters to the panel judges.

State Human Rights Commissions :-

Apart from National Human Rights commission, each state government constituted Human Rights Commission ?for their State to perform the functions of the commission under Chapter V of TPHRA, 1993, and presently there were 23 states has constituted their own State Human Rights Commission (SHRC).

Procedures to file a complaint in NHRC/SHRC:

The public can register their complaints with the respective National / State -Human Rights Commission through online in below link ;

https://hrcnet.nic.in/HRCNet/public/webcomplaint.aspx

The complaint has to be registered either by aforesaid online (or) filing your complaint ??or?via email to [email protected] (or) sent register?or?speed ?post to the respective HRC in Nation/ respective State.

No matter what, the complaint ??has to be filed with appropriate format ?as prescribed in the legal proceedings with facts, date/events, evidences, and witnesses and followed with grounds, seeking right prayer to the commission and where a help of professional lawyer is needed.

You have to clearly indicate in your complaint that the registered complaint against whom, his designation and office address. While filing a petition online, you should ensure the petitions are submitted in the appropriate formats.

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Once your compliant has been registered, the complaint has been registered you will be obtained a dairy number and you will be updated with the case number after the complaint validated by the ex-officio after the investigation and respective summons will be sent to the aforesaid officer by HRC. You are able to view the case status through the following link.

https://hrcnet.nic.in/HRCNet/public/CaseStatus.aspx

Critical Situations & Bottle Necks in Human Rights ?Commission?Which?Can?be?easily?Tackled ?for??to?get?Speedy?And?Effective ?Justice??:-

(1) The National Human Rights Commission may forward the complaint to State Human Rights Commission if the complaint has been under the perusal of the state, where state officers may not ready to invoke a case against their superior IAS/IPS officers and their associate ?officer .

(2) The Human Rights Commission ex-officio may not be a Judicial and probably appointed IPS/IAS (retire or in service) officers and where they ?don’t ?take appropriate legal proceeding against their associates and dismissing the case without validating the evidences and without verifying the witnesses.

(3) The Human Rights Commission has only to ?take counter petition filed by the Government officers and never conduct any trial by examine the victim side evidences and witness as per evidence act and may disposing the case on merits to abuse officer.

(4) The Investigation officer mostly a Inspector or Sub-Inspector, has been allotted for investigating the violation of a Supreme Police Officers or Government officers, where IO has fall prey on powers and money, where the investigation was set for name shake, then it will be dismissed for noncompliance.

(5) The Corrupt??Police officers who investigate the crime, has not produced ?Deliberately the complete evidences of victims ?or?has misrepresented?Absolutely?False?information?to the Chair person & Judges and has presented the counter petition and disqualify the complaints.

(6) The Police officers in the state, who intentionally ?avoid English transcription ?and trying to use local language?to?present?False?information??for obtaining bias order from the commission and delay ?the petitioners/ victims?submissions?to the ?chief secretary of the state ,?Ultimately never take any legal proceeding against his associate IAS/IPS officers and ultimately resulted with NO JUSTICE or DEPRESSION.

OVERCOME??THE?ABOVE?BOTTLENECKS?VERY??EASILY??:-

(a) If you find above bottle neck, you have to take the matter to appropriate chairman and bench of ?the ?HRC?By?Speed post .

(b) You?Can?file?Direct?Letter?Petitions ?Directly ?to?the Chief?Justice?of?Supreme?Court?with?all?facts , evidences ,?And?Illegal?orders?passed?by?Human?Rights?Commissions . And?False?information , reports?submitted?by?Concerned?Public?Servants?to?mislead?NHRC .

(C)?You ?Can?File?Complaint?to?Central?Vigilance?Commission , CBI?And?Law?Minister?Against?False?order?passed? by?NHRC?OR??Not?taking?cognizance?of?matter?by?NHRC?Or ?State?Human?Rights?Commission . ?

QUESTION?OF?FACTS?:-

(A) Though HRC in state and union has absolutely creating awareness in protecting the rights of the human in this country, they are less effective in taking measures against the ?officials .

(B) State appointed HRC officers from police department (retired/ service) were totally NEXUS with police department has tended to suppress the facts against their officers before the commission.

( C ) There are recorded evidences proven that the police are least bothered about the HRC, example, a respondent police officer from Karnataka police station with respect to a complaint filed against him by calling the HRC is backed up with his superintendent and also writing a letter to the complainant that they will quash & set aside the complaints in the HRC. The aforesaid examples where question of facts to testify whether HRC is place for Judicial Judges or run by Police officer and the aforesaid matter has been taken to Supreme Court grievance vide 24662/2021 on 17-03-2021 for appropriate action.

MY?OWN?CONCLUSION?:-

In?My?Human Rights Defender?matter?large?numbers?of?cases?are?Registered ?Since?Year?2019??at?NHRC?And?Maharashtra?State?Human Rights?Commission??Against?:-

(1) Pune?Police Commissioner?- Pune?Police?Department ,?

(2) Pune?Municipal?Corporation – Commissioner – City ?Engineer?And?other?Corrupt?Pune?Municipal?Corporation?Public?Servants,

(3) Co-Operative?Housing?Society?Public?Servants?located?at?Pune ,

(4) Maharashtra?Housing?And?Urban?Development?Department s ,

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I?Have?filed?large?numbers?of?Public?Grievances?with?CBI , CVC , Chief?Justice?Office ,?Justice?Chandrachud?, Law?Minister?Kiren?Rajiju?, And?Chief?Justice?Bombay?High?Court .

Now?Criminals?Cases?are?Registered?by?CBI , CENTRAL?VIGILANCE?COMMISSION , NHRC??AND?ENFORCEMENT?DIRECTORATE ?.?SUMMONS?ISSUED?TO?PUNE?POLICE?COMMISSIONER??ON?31-03-2022?TO?PRESENT?PERSONALLY?ON?13-05-2022?AT?11.00 AM?BEFORE?NHRC?AT?NEW DELHI?WITH?ALL?EVIDENCE??AND???ACTION?TAKEN??REPORTS .