human rights commissions: a citizen’s handbook

8/7/2019 Human Rights Commissions: A Citizens Handbook

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Commonwealth Human Rights InitiativeThe Commonwealth Human Rights Initiative (CHRI) is an independent, non-partisan, international non-governmentalorganisation, mandated to ensure the practical realisation of human rights in the countries of the Commonwealth. In1987, several Commonwealth professional associations founded CHRI. They believed that while the Commonwealthprovided member countries a shared set of values and legal principles from which to work and provided a forum withinwhich to promote human rights, there was little focus on the issues of human rights within the Commonwealth.

The objectives of CHRI are to promote awareness of and adherence to the Commonwealth Harare Principles, theUniversal Declaration of Human Rights and other internationally recognised human rights instruments, as well asdomestic instruments supporting human rights in Commonwealth member states.

Through its reports and periodic investigations, CHRI continually draws attention to progress and setbacks to humanrights in Commonwealth countries. In advocating for approaches and measures to prevent human rights abuses,

CHRI addresses the Commonwealth Secretariat, member governments and civil society associations. Through itspublic education programmes, policy dialogues, comparative research, advocacy and networking, CHRIs approachthroughout is to act as a catalyst around its priority issues.

The nature of CHRIs sponsoring organisations* allows for a national presence and an international network. Theseprofessionals can also steer public policy by incorporating human rights norms into their own work and act as a conduitto disseminate human rights information, standards and practices. These groups also bring local knowledge, can accesspolicy makers, highlight issues, and act in concert to promote human rights.

CHRI is based in New Delhi, India, and has offices in London, UK, and Accra, Ghana.

International Advisory Committee: Sam Okudzeto - Chairperson. Members:Members:Members:Members:Members: Eunice Brookman-Amissah,Murray Burt, Jean Corston, Maja Daruwala, Alison Duxbury, Nihal Jayawickrama, B.G. Verghese,

Zohra Yusuf.

Executive Committee: B.G. Verghese - Chairperson; Maja Daruwala - Director. Members:Members:Members:Members:Members: Anu Aga,B.K. Chandrashekar, Bhagwan Das, Nitin Desai, K.S. Dhillon, Harivansh, Sanjoy Hazarika, PoonamMuttreja, R.V. Pillai, Moolchan d Sharma.

Trustee Committee: Nihal Jayawickrama - Chairperson. Members:Members:Members:Members:Members: Meenakshi Dhar, John Hatchard,Derek Ingram, Neville Linton, Colin Nicholls, Lindsay Ross, Peter Slinn, Elizabeth Smith.

* Commonwealth Journalists Association, Commonwealth Lawyers Association, Commonwealth Legal Education Association,Commonwealth Parliamentary Association, Commonwealth Press Union and Commonwealth Broadcasting Association.

Human Rights Commissions : A Citizens Handbook, IInd Edition, June 2006ISBN: 81-88205-31-1Material from this publication may be used, duly acknowledging the source.Layout/Print by: Matrix, New Delhi

Commonwealth Human Rights Initiative

CHRI Headquarters CHRI London Office CHRI Africa OfficeB-117, First Floor C/o Institute of Commonwealth Studies C/o The British CouncilSarvodaya Enclave 28, Russell Square PO Box GP 771New Delhi - 110017, INDIA London WC1B 5DS, UK Accra, GhanaTel: +91-11-2685-0523, 2686-4678 Tel: +44-020-7-862-8857 Tel: +233-21-683068, 683069, 683070Fax: +91-11-2686-4688 Fax: +44-020-7-862-8820 Fax: +233-21-683062E-mail: [email protected] E-mail: [email protected] E-mail: [email protected]

Website: www.humanrightsinitiative.org


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Human Rights Commissions: A Citizens Handbook

The destiny of human rights is in the hands of all our citizens inall our communities .

Eleanor Roosevelt

AuthorsMandeep Tiwana

Sneh Aurora Amita Punj

Chief EditorMaja Daruwala

Editorial assistance/credits : Aditi Datta, Charmaine Rodrigues,Clare Doube, Devika Prasad, LolaChatterji, Maria L. Canineu, R.V. Pillai

Cover design : Jyoti Bhargava

2006 Edition editorial assistance : Nina Miller


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CONTENTS

Foreword.................................................................................................................. (i)

1. Human Rights Commissions - An Overview ............................................................1

2. What are Human Rights? ......................................................................................4

3. Role of Human Rights Commissions.....................................................................12

4. How to File a Complaint .....................................................................................19

5. How does a Human Rights Commission Work? ....................................................25

6. Immediate Compensation provided by Human Rights Commissions .......................32

7. Priority Areas for Reform .....................................................................................36

Annexure I : Comparative chart between Universal Declarationof Human Rights and Fundamental Rights .........................................42

Annexure II : Comparative chart between Universal Declarationof Human Rights and Directive Principles of State Policy .....................43

Index ......................................................................................................................44


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Foreword *

Human rights are relevant to all of humanity in every sphere of life. Their protection andpromotion is guaranteed by the Constitution and by various international treaties and covenants

agreed to and ratified by India. The National Human Rights Commission and the StateHuman Rights Commissions share a common purpose in protecting the legal and politicalfoundations of human rights and promoting them as core values in public and private spheres.

Many times, ordinary citizens find themselves at the receiving end of State action or inaction-not knowing which forum, if any, they can take their complaints to or what remedies areavailable to them when their human rights are violated. Human Rights Commissions havebeen set up under the Protection of Human Rights Act, 1993 for better protection of HumanRights so as to assure citizens that they live in a just and humane society. Their primary aimis to restore the faith of victims of human rights abuses in the Rule of Law. The Commissionsdo so by taking steps to see that such violations do not go unchecked and those responsiblefor human rights abuses are made to account for their actions or inaction.

This handbook, prepared by the Commonwealth Human Rights Initiative [CHRI] is designedto inform citizens about the existence human rights commissions; the type of complaints theytake up; the procedure they follow; and the remedies they can provide. The informationcontained in this handbook also seeks to enable citizens to effectively make use of the HumanRights Commissions in the event of their own human rights or the rights of their loved onesbeing violated. Equally the handbook is intended to be a guide to NGOs and civil societyactivists, informing them about the role and functions of Human Rights Commissions, so thatthey in turn can assist the public, especially those who belong to vulnerable sections ofsociety in getting their complaints filed before the Commissions.

I am sure that the efforts made by the Commonwealth Human Rights Initiative [CHRI] in the

production of this handbook will go a long way in promoting human rights awareness amongstall sections of society.

(i)

Justice A.S. Anand

(Former Chief Justice of India)Chairperson

* To the first edition published in 2004.


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CHRI would like to thank the National Human RightsCommission for its support in bringing out this handbook.

The handbook and the accompanying research, advocacyand dissemination have been made possible with the financialsupport of the Ford Foundation.


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1 . Hu m a n Ri g h t s Co m m i s s i o n s An Ove rvi ew

T he rea l i sa t ion of human r ights l ies a t the hear t of democracy,developmen t an d good governa nce. More and m ore nat ions a s th eyseek to m ake h u m an r ight s a real ity for even t h eir p oorest cit izenshave establ ished human r ights commissions or s imilar inst i tut ions toens u re tha t th ese r igh ts ar e protected, promoted and not violated by theS ta t e .

In 1993, India c rea ted i t s f i r s t human r ights commiss ion , under theProtection of Hu m an Rights Act - the National Hu ma n Right s Comm ission[NHRC]. Fif teen states

1h a v e a l s o s e t u p t h e i r o w n h u m a n r i g h t s

comm ission s to d eal with violations from with in th eir s ta tes. Th e Nationa lCommission is responsible for seeing that everyone, whoever they are,wherever they are living in the country and whatever they are doing,are able to enjoy and exercise their human r ights . State commissionsplay the same role in their own states . The Chairperson and membersof a comm ission h ave the resp onsibility to ensu re th at th ose who violatehu ma n r ights a re m ade accou nta ble for the ir ac t ions an d do not escape

jus t ice . Apar t f rom pursuing compla in ts , human r ights commiss ionsare a lso expected to a ct ively con tr ibut e toward s creat ing a cu ltu re wherethere i s respec t and unders tanding of human r ights .

The Cha irperson of th e Nation al Hum an Righ ts Com m iss ion is a lwaysa former Ch ief J u stice of In dia an d th e Ch airpers on of a st at e comm issionmust be a former Chief Just ice of the High Court . Up to four otherpersons can be appoin ted as members and must inc lude a t leas t twoformer judges and two others who have knowledge and experience of hu ma n r ights issu es . Members or comm iss ioners a re app oin ted by th ePresident in case of th e Nation al Com m iss ion a nd Governor of th e s ta te

in case of s tate comm issions. A com m ittee th at in clu des leaders of bothth e ru ling an d opposi t ion pa rt ies in Par liam ent or th e State Legislatu rerecommends the i r appoin tment to the Pres ident or the Governor, as

1In March 2006 : Andhra P radesh , Assam, Chha t t i sga rh , H imacha l P radesh , J ammu

& K a s h m i r , K e r a l a , M a d h y a P r a d e s h , M a h a r a s h t r a , M a n i p u r , O r i s s a , P u n j a b ,Ra ja s than , Tami l Nadu , U t t a r P radesh and Wes t Benga l .


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th e cas e m ay be. Appoint m ent is for a period of five years or till the ageof 70, whichever is earlier. In addition to regular commissioners, thecha i rpe r sons o f t he Na t iona l Commiss ion fo r Minor i t i e s , Na t iona lCommission for Scheduled Castes and Scheduled Tribes and NationalCommission for Women are deemed members of the National HumanRights Commiss ion , which means they can he lp the Commiss ion inexercising all i ts functions except the conduct of inquiries.

T h o u g h h u m a n r i g h t s c o m m i s s i o n s a r e r e q u i r e d t o h a v e f i v ecommissioners , experience has shown that most of the commissionsare funct ioning with less than the prescribed strength.

To enable commissions to funct ion independently, the Chairperson of the Nat ional Commiss ion has the same s ta tus and perks as the Chief Jus t i ce o f t he Supreme Cour t . The o the r members o f t he Na t iona lCom m iss ion h ave a s t atu s s imilar to th at of Su prem e Court jud ges. TheChai rperson of a s ta te commiss ion has the same s ta tus as the Chief J u s t ice of the High Cou r t an d m embers h ave a s ta tu s s imi lar to th a t of High Court judges. This means that they can only be removed after along and cumbersome procedure .

The commissions do not however have an independent cadre of theirown. They mostly draw their s taff from government departments andfrom am ongst people with experien ce of adm in istra t ion an d th e cou rts .Th e chief ad m inistra tive officer or t h e Secreta ry Genera l of th e Nat ion alCom m ission is a n IAS [Ind ian Adm inist ra tive Service] officer of th e ra n k of Secretary to the Government of India. In case of state commissions,the chief administrative officer is also expected to be an IAS officer butof the rank of Secretary to the State Government.

Because independent investigation is central to the effectiveness of ahuman rights commission, very senior police officers are expected tohead the inves t iga t ion wing. They must be of the rank of Direc torGeneral of Police in the case of the National Commission and InspectorGenera l o f Po l i ce a t t he ve ry l ea s t i n ca se o f s t a t e commiss ions .I n v e s t i g a t i n g o f f i c e r s a r e u s u a l l y o n d e p u t a t i o n f r o m t h e p o l i c edepartment , intel l igence bureau or central para-mil i tary forces.

F r o m t i m e t o t i m e , a c o m m i s s i o n m a y a p p o i n t e x p e r t s a s s p e c i a lra pp orteu rs t o look in to specific violation s of h u m an righ ts or even t ak ethe help of outside consultants .


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Specia l Rappor teurs

Special Rapporteurs are exper ts who ass is t a human r ights commission with i tsmore demanding and sens i t ive respons ib i l i t i e s . They t ake up spec ia l humanrights issu es or urgent m at ters , carry out invest igat ions a nd mon itor comp lian cewith Commission recommendat ions . The Nat ional Human Rights Commissionha s appointed s pecial rapp orteurs for protect ion of people in cus tody, chi ld labou r,bonded labou r, commu na l r iots , food sca rcity and for disabled pers ons.

E a c h y e a r , t h e g o v e r n m e n t a l l o c a t e s a b u d g e t f o r h u m a n r i g h t scommissions, which is approved by Parl iament or s tate legislatures.

Hum an r ight s comm issions ar e also requ ired by law to tab le their an nu alreports in the Parl iament or the State Legislature.


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2 . Wh a t a r e Hu m a n Ri g h t s ?

This s ect ion d iscu sses:

human r igh t sthe universal declarat ion of human r ightsinternat ional covenantsfu nda men ta l r ightsh u m an r igh ts violat ion

What are human rights?

H uman r igh t s a r e t hose bas i c en t i t l emen t s and f r eedoms tha tmake our lives satisfying and meaningful. To be free from fear,free from deprivation and to have the opportunity to achieve alltha t we are capable of is a fu nda men ta l hu ma n aspi ra t ion . Tha t i s whyhuman r ights are sometimes cal led natural r ights.

The intern at iona l comm u n ity, including Ind ia, h ave all agreed on whatth ese r igh ts ar e and what th ey mea n. Hu m an r ight s inclu de, for examp le,the right to life, which includes the right to live with dignity, the right

to equal t reatment and not to be discriminated against , f reedom fromtorture, freedom from forced labour, freedom from wrongful arrest, therigh t t o a fair t rial, freedom of inform at ion , th ough t, cons cience, religion,the r ight to privacy, r ight to free speech and expression, freedom toa s s o c i a t e w i t h o t h e r s a n d t o t a k e p a r t i n g o v e r n m e n t , p u b l i c a n dcom m u nity affairs , r igh t to food, h ous ing, hea lth , a clean environm ent,edu cation , work, equ al pay for equa l work, st rike an d th e right to pres erveon es cu ltu re a n d wa y of life.

What are the spec ial qual i t ies o f human rights ?

They are recognised as bir thrights , which al l human beings are bornwith s imply becau se th ey are h u m an . Becau se n o one gives th ese r ightsand no one can legi t imately take them away, human r ights are said tobe inalienable .

Human r ights are also recognised as being universal , which meansth ey belong to an d a re enforceable by everyone - n o ma tter wha t th eirrace, religion, caste, sex, social or economic status, disability, age or


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place of birth is. Th ey ar e also called u n iversa l becau se th eir core ideasare common to al l major rel igions, fai ths and moral codes and crossn a t i o n a l a n d c u l t u r a l b o u n d a r i e s . A n o t h e r a s p e c t o f t h e i r b e i n gu n i v e r s a l i s t h a t t h e y b e l o n g n o t o n l y t o i n d i v i d u a l s b u t a l s o t ocom m u nit ies . For examp le, a com m u n ity of t r ibal people ha s a r igh t tospeak i ts own language and preserve i ts way of l i fe , provided thesedon t th ems elves violat e the hu m an righ ts of other s, wheth er in dividu alsor groups.

Though they are ca l led by var ious names and somet imes separa tedinto different categories like civil and political rights, economic, socialand cul tural r ights , every r ight depends on another for i ts fulf i lment .No r ight can real ly be put into pract ice without other r ights . This iswhy human r ights a re sa id to be interrelated and indivis ible . Forexample, the r ight to educat ion is classif ied as a social r ight but i twould be imp ossible for all people to get th at righ t if th ere was n o righ tto equali ty or i f there was no court to uphold that r ight . Without this ,only some people would get to school while others could be left out.

Civil rights guarantee liberty and equality to all .

Polit ical rights guarantee people the right to elect their representatives andp a r t i c i p a t e i n g o v e r n a n c e a t t h e n a t i o n a l , s t a t e a n d l o c a l o r c o m m u n i t ylevel.

Economic, social and cul tural r ights guarantee basic condi t ions for a goodand meaningful l ife. Economic and social rights focus on securing healthy,fa i r an d just condi t ions a t work an d in th e comm u nity, whi le cul tura l r ightsallow communities to safeguard and protect their way of l ife.

Why are hum an r ights impo rtant ?They are important because they recognise that each person is specialwith th eir own ind ividu al talents an d a bi lit ies a nd th at no on e is in ferioror superior to another. At the heart of the idea of human r ights is thenotion that all people are born free and equal. Everyone is en t i t l ed t ol ive with digni ty and no one , ne i ther the Sta te nor the communi ty,nor t he family, nor s ociety has an y r igh t to discrim ina te or t reat an yoneunfair ly or unjust ly. The internat ional system of human r ights and ourown Indian Cons t i tut ion ins is t th at i t is th e du ty of th e State to promoterespect for all the human rights of all people equally.


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What is the Universal Declarat ion of Hum an Rights ?The Universal Declaration of Human Rights is a declaration adopted in194 8 by m emb ers of th e United Nations, including In dia. It is a s tat emen tof principles to bas e a n ew world order s o tha t all th e death an d dest ru ctionth at t ook place in th e two world wars wou ld n ever ha ppen again .

Th e Universa l Declar at ion s ta tes th at recogn ition of th e in h eren t dign ityand of the equal and inal ienable r ights of al l members of the humanfamily is the foundation of freedom, justice and peace in the world. Itth erefore cas ts a du ty on each St ate to protect everyones h u m an r ight s

and lays down principles or standards for all nations to follow.With the passage of t ime, the ideas in the Universal Declarat ion arecons tant ly be ing ref ined and inc luded in separa te documents whichguarantee civil and political rights; economic social and cultural rights;women s r ights; th e r igh ts of chi ldren ; r ights agains t tor tu re an d m ore.

There is now wide agreem ent a cross th e in terna t iona l com mu nity abou tthe s tandards in these documents and most count r ies have formal lys igned on to them. These ag reemen t s be tween many coun t r i e s a r ecalled covena n ts . Once a cou n try ha s s ign ed a covena n t it becom est h e d u t y o f t h a t c o u n t r y t o b r i n g i t s l a w s i n l i n e w i t h t h e r i g h t sguaranteed by the covenant .

Why International Covenants are Important for All

An internat ional t reaty or cove nant is an a greemen t , which h as b een formal lyrat ified (or ap proved) by all or m an y cou nt ries. Once a cou nt ry ratifies a trea ty, itbecomes b ind ing . Th i s mean s th a t th e government mu s t ensu re tha t it ab ides byan d fulfils a ll the requiremen ts in t he t r eaty; tha t n at ional or domest ic laws a renot of a lower s tan dard tha n wha t the covena nt requ ires ; that laws an d pra ct icesin the country do not confl ic t wi th the t reaty pr inciples . I t a lso means that thecourts m u st in terpret dom est ic laws in tu ne with t reaty provis ions . Every coun trytha t h as ra t i fied a t reaty or covenan t m u st , from t ime to t ime, report i t s progress

to the internat ional community through United Nat ions mechanisms.

Has India s igned any of the se Coven ants ?India has s igned and rat i f ied the two main internat ional covenants onhu man r igh t s - t he Internat ional Covenant on Economic, Social andCultural Rights (ICESCR) a n d t h e Internat ional Covenant on Civi land Po l i t i c a l R igh t s ( ICCPR) w h i c h t o g e t h e r w i t h t h e U n i v e r s a lDeclara t ion of Hu ma n Rights form th e International Bill of Rights .


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Other major internat ional covenants that India has s igned and rat i f iedinc lude:

In tern at ion al Convention on th e Elim ina tion of all form s of RacialDiscrimination [ICERD]Conven tion agains t th e Elim ina tion of all Form s of Discrim ina tionagainst Women [CEDAW]Convention on Rights of the Child [CRC]

In 1 997, India s igned th e Convent ion a gains t Torture an d Other Cru el, Inh u ma nor Degrading Treatment or Punishment (CAT) but i t has not yet ratified it . Thisdoes not m ean tha t th e police or secur i ty forces or a nyone are p ermit ted to beat ,tor ture or h u milia te people. Caus ing of men tal or physical har m violates h u ma nrights guara nteed by the Cons t i tut ion an d t he Intern at iona l Bill of Rights . I t i s acr ime under the Indian Penal Code and anyone indulging in i t , i s a cr iminal inthe eyes of the law.

Ratifyin g in tern at ion al treaties esta blish es a coun trys creden tials as ar e s p o n s i b l e m e m b e r o f t h e i n t e r n a t i o n a l c o m m u n i t y . I t a l s odemon stra tes the governm ents com m itm ent to protect ing the hu m anrights of its citizens.

Are inte rnat ion al hum an r ights principles rec ognise d in India?

The Protection of Human Rights Act, 1993 defines human rights as, rights relatingto life, liberty, equa lity an d dignity of th e in dividu al gua ra nt eed by th e Const itut ionor embodied in th e Int erna tiona l Covena nts

2an d en forceable by the cou rts in India.

Yes, int erna t ional ly recogn ised h u m an r ight s pr in ciples a nd sta nd ard sh ave a very special place in Ind ia. Th ey ar e protected by th e Con st itut ion ,which i s the h ighes t law of our land . The r ights recognised in theUniversal Declarat ion are mirrored in the Indian Const i tut ion. Somer ights a re covered in th e chapter on Fun dam enta l Rights an d some a recovered under Directive Principles of State Policy.

3Take for example,

Article 25 of the Universal Declaration which says that everyone has

2For the purpose of the Protection of Human Rights Act, 1993, international covenants

a re t he In t e rna t iona l Covenan t on Economic , Soc ia l and Cu l tu ra l R igh t s ( ICESCR)and the In ternat ional Covenant on Civi l and Pol i t ica l Rights ( ICCPR).3

A n n e x u r e I a n d I I a r e i l l u s t r a t i v e o f t h e r e l a t i o n s h i p b e t w e e n t h e U n i v e r s a lD e c l a r a t i o n a n d F u n d a m e n t a l R i g h t s ; a n d t h e r e l a t i o n s h i p b e t w e e n t h e U n i v e r s a lDeclara t ion and Direc t ive Pr incip les of Sta te Pol icy.


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th e r igh t to a s t an dar d of living th at is ad equa te for the h ealth an d wellbeing of th ems elves a nd th eir family. This r igh t h as been in clu ded a s aDirective Principle under Article 47 of the Constitution of India, whichsays that the State shal l regard rais ing of the level of public heal th,nutr i t ion and standard of l iving as among i ts primary duties .

Apart from the Const i tut ion, some human r ights are also specif ical lyprotected under different laws such as the Protection of Civil RightsAc t , 1955 ; Dowry P roh ib i t i on Ac t , 1961 ; Bonded Labour Sys t em[Abolition] Act, 1976; Child Labour [Prohibition and Regulation Act],198 6; Sched u led Cas tes a n d Sch edu led Tribes [Prevent ion of Atrocities]Act , 1989 and more.

The specia l p lace of human r ights in our Const i tu t ion

When the Const i tut ion was wri t ten, human r ights were included in Par t I I I andPart IV which are the chapters on Fundamental Rights and Direct ive Pr inciplesof Sta te Policy. Togeth er th ey are s aid to form th e conscience of the cons titut ion.Const i tut ion makers fe l t that c ivi l and pol i t ical f reedoms must combine withsocial and economic justice to create a just social order for all . The DirectivePrinciples are meant to guide all policies and law making; indicate the directionsof change ; and the goa l s toward which the S ta te mus t s t r ive . The Di rec t iveP r i n c i p l e s a r e n o t l e s s i m p o r t a n t t h a n F u n d a m e n t a l R i g h t s b u t u n l i k e afu nd am ent al righ t, which allows a person to take th e State to cour t if i t is violated ,individua ls can not ta ke th e Stat e to cou rt if a pr inciple laid down in th e DirectivePrinciples is not followed. Nevertheless Directive Principles are not lifeless idealsbu t h ave provided th e basis from which n ew r ights su ch a s th e r ight to edu cat ionha ve evolved a n d t h e right t o food is being d eveloped.

What are Fundame ntal Rights ?They are the human r ights , assured and protected by Part III of theIn dian Cons t i tut ion. They are s o im portan t th at th e Cons t i tut ion forbidsth e Parliam ent or s tate legislatu res from m aking an y law or the centr alor s tate governments from passing any order or doing anything thatinterferes with their enjoyment.

Fundamenta l Rights a re meant to guard each person f rom in t rus ionsupon their dignity, securi ty, equali ty and freedom. Apart from beingsa fegu ard s des igned to prevent violat ion s of h u m an r ight s by th e Stateor its agents, they also make the State liable for neglecting to protectindividuals from rights violations by private persons.


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The following rights are guarante ed as Fundam en tal Rights :

R igh t t o Equa l i t y a s s u r e s e v e r y o n e e q u a l t r e a t m e n t a n d e q u a lprotect ion by the Sta te . It m ean s th at n o cit izen can be discrim ina tedagainst or denied equa lity of opportu n ity by the Sta te . For th is , th eState can make special provisions for vulnerable and marginal isedsect ions of society. I t a lso means that the State wil l ensure that noone is t reated as an untouchable or denied access to public placessu ch as sh ops, hotels , wells , bath ing gha ts , roads etc . on groun ds of religion, caste, sex and place of birth.

Right t o Free dom gives citizens th e right to sp eak freely, write freely,rece ive informat ion f ree ly ; t rave l to and res ide anywhere in thecoun t ry ; choose a bus ines s o r p ro fe s s ion o f t he i r cho ice ; fo rma s s o c i a t i o n s o r u n i o n s ; c a r r y o u t p e a c e f u l d e m o n s t r a t i o n s o rprocessions; s tr ike and even peaceful ly oppose unjust pol icies of the government.

Right t o Life an d Person al Liberty as su res every in dividu al a life of dignity and physical securi ty. I t guarantees just ice to al l and therigh t n ot to be depr ived of freedom except b y du e process of law an dthrough a fair trial. The Right to Life also casts a duty on the Stateto see that al l inhabitants of the country have access to the basicrequiremen ts of a good an d decent life su ch as an edu cat ion , mean sof livelihood, a clean an d h ealth y environm ent an d s o on.

Right against Exploi tat ion protects vulnerable and marginal isedpeople from being traff icked or made to do forced labour. I t a lsoprotects children under the age of 14 years from being employed inindus t r ies and bus inesses hazardous to the i r hea l th .

Right to Freedom of Religion as su res every in dividu al th e r ight tochoose, profess, practise and propagate the religion of their choice.I t a lso guarantees that the State wil l not discriminate against anyreligion, a n d a llow religiou s grou ps t h e freedom to set u p ins titu tion sto promote th eir rel igion a nd also assu re th em t he l iberty to man agetheir affairs without State interference.

Cultural and Educat ion al Right s as su re people the r ight to preservean d p rotect th eir lan guage, cul ture an d way of life . They gu ara nt eethat minorities - whether religious or linguistic - shall be protected


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and not discriminated against by the State and are ent i t led to setu p a nd adm inis te r the ir own edu cat ional ins t itu t ions .

Right to Const i tut ional Rem edies gu ara n tees every ind ividu al whoseFu n dam enta l Righ ts h ave been violated or n ot protected by the Sta te,th e righ t to a ppr oach t h e Su prem e Cou rt for th eir p rotection. It givesth e Su prem e Cou rt p owers to ta ke imm ediate a ction to st op a violationof Fundamental Rights and punish the offender.

The overarching reach and pos i t ion of Fundamenta l Rights

Every organ of the government, however powerful and every citizen, no matterhow r ich or poor mu st r espect the provis ions of the Cons t i tut ion. The Const i tu t ionrequires the Sta te an d al l it s fun ct ionar ies to protect each p ersons h u ma n r ightsand not to do anything that wi l l go against these r ights or lessen them. In fact ,the government is bound by law and is under a duty to do al l i t can to support ,guard an d defend each r ight . All Sta te act ions an d laws m u st prom ote and protectFun dam enta l R igh t s .

For example, if the Parliament makes a law that allows the army to torture everyperson whom th ey think is a terrorist , su ch a law will be struck down by the Su premeCourt as it violates human dignity and physical security which are guaranteed toevery person under the Fundamental Right to Life and Personal Liberty.

What is a hum an rights violat ion?Th e Stat e is bou n d by law to protect every person s h u m an righ ts . If i tis unable to do that or i f the State or i ts agents such as a policeman,bu reau crat , forest or a rm ed forces officer, or a ny pers on wh o is act ingon behalf of the State l ike a contractor, working under contract to theState, does anything to reduce, disrespect , or interfere with anotherpersons h u m an r ight s th en i t becom es a violat ion . Human rights arec la im ed agains t the S ta te and not aga ins t p rivate persons . However,if a p rivat e pers on violates som eon es r igh ts relat ing to life, libert y,equality or dignity, the victim can approach the State for taking actionagainst the violator. If the State fails to stop and punish the violatorthen i t becomes a human r ights violat ion.

Sta te means the cen t ra l and s t a te governments and cons i s t s o f a l l peop le ,agencies an d inst i tu t ions t ha t as s is t in ru nn ing of the cou ntr y. The Collectorates ,the Panchayats , the Courts , the Municipal Corporat ion, the Postal Department ,the E lectr ic ity Departm ent , th e State Trans port Corporat ion a nd even compa niestha t are owned a nd controlled by th e governm ent a re a l l par t of the St ate .


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Some examples of human rights v io lat ions a re :

Failu re of th e pollu tion control board to ta ke a l l precau tions to preventre lease of poisonou s ch em icals by in du st r ies in to peoples h omes ,fields and water sources. This is a violation of the r ight to l i fe .

Bea t ing , cha in ing and to r tu re o f suspec t s by the po l i ce . Th i s i s aviolation of the r ight to human digni ty and physica l secur i ty .

Failu re of a m agistra te to take a ction on a prisoner s comp laint t ha tshe is being harassed by prison wardens. This is a violation of ther ight to equal protection of law .

Re fusa l o f the co l l ec to ra t e to ac t aga ins t upper cas t e peop le whoare not al lowing Dali ts to worship at a temple or drink water from awell. This is a violation of the r ight agains t d iscr iminat ion .

Neglect by the labour department to enforce guidelines for employerst o e n s u r e b o t h m e n a n d w o m e n a r e p r o v i d e d e q u a l a v e n u e s f o rpromotion at the workplace and are given equal pay for equal work.This is violation of the r ight to equali ty of opportunity .

Taking over of a shop by security forces for defence purposes withoutgiving compensation to the owner. This is a violation of the r ight tol ive l ihood .

Orde r ing the shu t t ing down o f a newspaper by the home min i s t ryfor publishing articles criticising the chief minister. This is a violationof the r ight to f reedom of express ion .

Refusal of the distr ict administrat ion to release details of measuresta ken to cont rol floods. This is a violat ion of th e r ight to information .

Stopping religious lessons from being given to children at madarasasby the in t e l l igence bureau on the g rounds tha t t hey may deve lopan t i -na t iona l v i ews . Th i s i s a v io la t ion o f the r i g h t t o r e l i g i o u sf r eedom .

Inabi l i ty of the fores t depar tment to control the t imber maf ia f romillegally fel l ing trees and from destroying protected forests . This isa violation of the r ight to a c lean and heal thy envi ronment .


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3 . Ro le o f Hum a n Righ t s Com m iss ions


funct ions of human r ights commissionsprotec t ing h u ma n r ightspromot ing human r ights

What are th e function s perform ed by human rights c om m ission s?

According to the Protection of Human Rights Act, 1993 , commissionscan :

a) inqu ire in to comp la in ts concerning:violation of human rights,abetment to violate human r ights , or

Abetment to do something means:Helping a p erson to do it ; orIn citing a p erson to do it ; orEn gaging in a cons piracy to do it .

negligence in the prevention of a human rights violation by a public servant.

b) involve thems elves in cou r t cases concerning hu ma n r ights if thecourt agrees

c) visi t an y jai l, h ospital , ju venile h ome, welfare h ome, sch ool etc.tha t i s run by the government and make recommendat ions forimprovement in living conditions

d) s tu dy laws an d i ssues which come in th e way of en joymen t of human r igh t s

e ) p r o m o t e a wa r e n e s s o f h u m a n r igh t s t h r o u g h r e s ea r c h ,pu blica t ions , worksh ops an d seminars

f) su ppor t non-governm enta l organ isa t ions an d ins t itu t ions workingin th e field of hu m an r ight s


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How do com m iss ions pro tec t hum an righ ts?

E s s e n t i a l l y h u m a n r i g h t s c o m m i s s i o n s h a v e b e e n c r e a t e d t o p r o t e c t a n d p r o m o t e h u m a n r i g h t s i n t h e c o u n t r y. W h i l e t h e s e a r e t w o f a i r l y d i s t i n c tt a s k s , t h e i r c o m b i n e d e f f e c t s h a p e s t h e o v e r a l l r o l e o f h u m a n r i g h t sc o m m i s s i o n s .

They carry out inquir ies on receiving complaints about human r ightsv i o l a t i o n s f r o m t h e v i c t i m s ; t h e i r f a m i l i e s ; n o n - g o v e r n m e n t a lorgan isa t ions ; or from a ny in terested person or group . Sometim es th eyeven inqui re in to inc idents on the i r own on the bas is of news andmedia reports or on f inding irregulari t ies during inspect ion visi ts topolice lockups, jails, juvenile homes and government hospitals. Afterc o n d u c t i n g a n i n q u i r y , h u m a n r i g h t s c o m m i s s i o n s c a n g i v erecommendations to the government to s top an ongoing human r ightsviolat ion; take sui table measures to prevent further abuse of humanr ights ; reg is te r a c r iminal case and take d isc ip l inary ac t ion agains tthe violator; and pay immediate compensat ion to the vict ims or theirfamilies.

In carrying ou t an inqu iry, hu ma n r ights commissions ha ve th e power of a c ivi lcourt to su mm on an d examine witness es on oath; order discovery an d produ ct ionof an y docum ent ; receive evidence on affidavits; ord er a pu blic record or copy tobe produ ced from a ny court or office; and appoint a ny person to exam ine witnessesor documents on their behalf .

A large majority of complaints received by human rights commissionsa re aga ins t t he po l i ce - abou t t he b reach o f human r igh t s t h roughincidents of police misconduct. Therefore a major thrust of the work of hu ma n r ights comm iss ions ha s b een to ensu re tha t th e police per form

their dut ies only according to the law, do not abuse their powers oroverstep their authori ty.


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The Nat ional Human Rights Commiss ion has d i rec ted the pol icetha t t hey mus t a lways :

On receiving inform at ion a bout a n en coun ter death , record i t and su bject thepolice par ty to a th orough invest igat ion b y an indepen dent agency such as theCriminal Invest igat ion Department [CID] to f ind out whether the ki l l ing is

justifiable in law;

Report any death or rape in custody to the Commission within 24 hours ; incase of an y death in cus tody carefu lly videotape th e post-mortem an d s endthe tape to the Commission along with a report so that the Commission canmak e it s own a ssessmen t abou t th e t rue cause o f dea th ;

Conduct searches and arres t , wi th respect for digni ty of the person, s t r ic t lyaccording to the procedure la id down in law and by the Su prem e Cou rt ;

R e g i s t e r F i r s t I n f o r m a t i o n R e p o r t s ( F I R ) p r o m p t l y a n d m a k e s u r e t h a tcompla inan t s a re in fo rmed abou t the p rogress o f inves t iga t ion a t r egu la rintervals and given a full explanation for delays;

Ensure l i e de tec to r t e s t s a re ca r r i ed ou t in an independen t env i ronment ,outside the police station, in the presence of a lawyer and only after a personha s given her / his cons ent , which ha s been recorded by a ma gis t ra te ;

Work to s t r eng then po l i ce -pub l ic r e la t ions by ho ld ing regu la r communi tymeet ings to discuss publ ic gr ievances and cr ime control measures .

Hum an r ight s comm issions a lso look int o a variety of comp laints againstother Sta te au th orit ies . For exam ple, the National Com mission can as k the army and any cent ra l para-mi l i ta ry force for a repor t on humanrights abuses. Commissions can look into poor l iving condit ions andilltrea tm ent in prison s; hea lth a n d working con ditions of factory worker s;persecution of Dali ts ; fai lure of the government to provide adequatestaff and equipment in public hospitals ; problems caused by pollut ingindustr ies; and cases of int imidat ion and misuse of power by highlyplaced officials.

Hum an r ights com missions ha ve directed governm ents to im prove prisoncond i t ions , unde r t ake p rope r r e l i e f and r ehab i l i t a t i on measu res i nsi tuat ions of disasters such as earthquakes, f loods, s tarvat ion deaths,a n d c o m m u n a l r i o t s . T h e y h a v e d r a w n a t t e n t i o n t o l a r g e - s c a l ediscrim in at ion in th e case of women an d Dalits a nd kept th e cond it ionof child an d bon ded labou r u n der review. Th ey h ave directed govern m entservants not to employ children below 14 in their homes. They have


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as ked th e governm ent to prosecute em ployers guilty of ru nn ing u ns afesh ops, factories or mines a nd can as k for cases to be registered againstthose not paying minimum wages to their employees.

H u m a n r i g h t s c o m m i s s i o n s a l s o t a k e u p c o m p l a i n t s a b o u t g r o u pviolations where people have been targeted just because they belong toa par t icu lar cas te , t r ibe , e thnic group, re l ig ion or gender or s implybecause they are in vulnerable posi t ions such as refugees, displacedpeople and migrant workers .

D e s p i t e t h e f a c t t h a t h u m a n r i g h t s c o m m i s s i o n s c a n o n l y m a k e

r e c o m m e n d a t i o n s , t h e y h a v e b e e n a b l e t o i n f l u e n c e g o v e r n m e n tfunc t ion ing by h igh l igh t ing p re s s ing human r igh t s conce rns in t hemedia and through publicat ion of their reports .

Protec t ing Human Rights

Commissions look into complaints about human r ights viola t ions such as :

il legal detention, extortion and intimidation by the police, non-registration of cases and failure of the police to protect the life and property of citizens

proper invest igat ions not being carr ied out to br ing cr iminals or r ioters tobook

people being ki l led in fake encounters by the pol ice , army or paramil i taryforces

beating, torture or rape in police custody or in jail

denial of basic facili t ies such as legal aid, decent food, proper toilets, andadequate space for pr ison inmates

people falling il l because the government has failed to ensure supply of cleandrinking water

dalits being denied access to village tanks, wells and water sources

forced or bonded labou r

failu re of district au th orities to control pollution cau sed by ha zardou s indu str ies

In add it ion to the a bove, the National Hum an Rights Com m ission st u diesi n t e r n a t i o n a l c o v e n a n t s a n d t r e a t i e s c o n c e r n i n g h u m a n r i g h t s a n dmakes recommendations for their effective implementation.


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How do com m iss ions prom ote h uman righ ts?The pr omotion of hu m an r ight s is also a big par t of th e work of h u m anr ights commiss ions as they have been se t up to c rea te a cu l ture of human r ights in the count ry and espec ia l ly wi th in the government .Human r igh t s commiss ions suppor t s tud ie s on sho r t comings in t hecrim in al ju stice system , its d elays an d bias a gain st th e poor. Th e Nationa lCommiss ion has t aken up r e sea rch p ro j ec t s on the s t a t e o f humanrigh ts in ins u rgency or terrorist a ffected a reas ; domes tic violence; fema lefoet icide and infanticide; chi ld labour issues; r ights of the disabled;r ights of mental ly i l l persons; condit ions of people belonging to de-notified an d n omad ic t r ibes; an d on en vironm enta l issu es. Com m issionsorganise human r ights t ra in ing and sens i t i sa t ion programmes for thepol ice , the a rmy, parami l i ta ry forces , government servants and thegeneral public . Human r ights commissions are required to encouragethe effor t s of non-governmenta l organisa t ions [NGOs] . In order toenhance i t s own e ffo r t s t o p romote and p ro tec t human r igh t s , t heN a t i o n a l C o m m i s s i o n h a s f o r m e d a c o r e g r o u p o f s e l e c t n o n -gove rnmen ta l o rgan i sa t ion r ep resen ta t ives and i s expec ted to ho ldmeetings with many NGOs across the country from t ime to t ime.

Promot ing Human RightsCommissions a lso:

o rg a n i s e w o r k s h o p s o n h u m a n r i g h t s t h e m e s a n d d e v e l o p h u m a n r i g h t scur r i cu la .carry out training programmes for judicial officers, police and prison staff.provide guidance to the m edia on how to report hu ma n r ights viola t ions su chas chi ld sexual abuse.e n c o u r a g e r e s e a r c h o n i s s u e s s u c h a s d i s c r i m i n a t i o n o f w o m e n , s e x u a lexploitation, harassment at the workplace, female foeticide and infanticide.review existing legislation and recommend changes to the government.r ecommend tha t the government s ign in te rna t iona l human r igh t s t r ea t i e san d protocols.suppor t e ffo r t s o f non-governmenta l o rgan i sa t ions in p ro jec t s concern inghu ma n t ra fficking and r ights of chi ldren; women ; schedu led castes / t r ibes;minorities and displaced people.s p r e a d h u m a n r i g h t s a w a r e n e s s t h r o u g h s e m i n a r s , r a d i o a n d t e l e v i s i o nbroadcas t s , p ress r e leases and by pub l i sh ing pos te r s , f l i e r s , manua l s andh an dbooks on citizens right s.


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Zakir, a young man died in custody. The Nat ional Human Rights Commissionasked the Criminal Investigation Department [CID] of the state [Maharashtra] tofind out how he d ied. They foun d th at Zakir h ad been p icked u p by th ree policeconstables and had been beaten to death. The constables were arres ted by thepolice , sus pend ed from service an d cr iminal cases were regis tered a gains t th em.T h e N a t i o n a l H u m a n R i g h t s C o m m i s s i o n d i r e c t e d t h e M a h a r a s h t r a S t a t eGovernm ent t o pay Rs 2 lakh s imm ediate ly to Zakir s family memb ers a s th ep o l i c e c o n s t a b l e s , w h o w e r e a g e n t s o f t h e g o v e r n m e n t c h a r g e d w i t h t h eresp ons ibility of protecting p eoples l ives an d proper ty, th ems elves cau sed Zakir sd e a t h .

The State Government said that s ince the constables were being t r ied in court ,i t would pay the immediate compensation only after the policemen were foundguilty. How ever, determination of guilt in court is not a condition for grant of i m m e d i a t e c o m p e n s a t i o n b y a h u m a n r i g h t s c o m m i s s i o n . E v e n i f c r i m i n a lcha rges can not be pr operly proved in cou rt, i t will n ot affect a ru ling by the h u m anrights commission as the facts ma y be enou gh for a commission to give direct ions .The Nat ional Human Rights Commission pressed the Maharashtra Governmentto pay th e imm ediate compen sat ion to Zakir s family memb ers a nd i t was paidbefore the case was finally decided in court.


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4 . How t o Fi le a Com p la in t


who can file a complaintagainst wh om can a comp laint b e filedth e pr ocess of filing a comp lain t

Who c an fi le a co m pla in t with t he h uman r igh ts c om m iss ion?

Any person, group of persons or organisat ion can com plain a bouthuman r ights violat ions to a human r ights commission. I t doesno t ma t t e r who the pe r son o r o rgan i sa t ion i s . Human r igh t s

commissions cannot turn people away because of their age, economicstatus, caste, sex or religion.

Somet imes it ma y n ot be poss ible for th e victim wh ose righ ts h ave beenviolated to make the complaint . They may have died, be in custody,unable to read or wr i te , or they may be too unwel l . In such cases ,someone else ma y ma ke th e com plaint on b eha lf of th e vict im .

Complain ts may be brought by:individua ls or a grou p of in dividua ls; orany forum, association or non-governmental organisation [NGO]; orany other agency.

Human r ights commissions receive a large number of complaints . TheNational Commission alone receives over 70,000 complaints a year. Am ajori ty of th ese are rejected becau se th ey are n ot actua lly abou t h u m anr ights abu ses bu t a re comp la in ts about o ther ma t te rs su ch as proper tydisputes, service matters , consumer affairs , family or neighbourhoodquarre ls .

In m an y cases , i t is en ough to correct a s itu at ion i f the h u ma n r ights commissionsimply takes note of a complaint . Often a s imple le t ter to an err ing depar tmenthas led to immediate relief. For example, commissions receive many complaintsof governm ent depar tmen ts withh olding peoples p ensions . Thou gh th is is n ots t r ic t ly a hu ma n r ight s viola t ion, jus t seeking a report on th e s i tuat ion h as led toquick payment .


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Against who m is a com plaint f i led?Complaints are filed against pub l i c s e rvan t s who have:

th ems elves directly violated som eones h u m an righ ts ;abetted i .e. assisted, aided or incited someone in the violation of human r ights ; orneglected their du ty and n ot prevented a violation of hu m an righ ts.

A public se rvant is an y person who h olds au thori ty on beha lf of the governm entan d performs governm ent fun ct ions su ch as a magist rate, a policem an, an officer

in the arme d forces , a governmen t docto r, a government teach er, tehsi ldar,patwari , an e lectr ic i ty departm ent e mployee e tc . (For a com plete defin ition s eeSection 21 of the Indian Penal Code)

Does i t co s t any t h ing to f i le a com pla in t?No, it does NOT cost anything to file a complaint.

Human r ights commiss ions do NOT charge a fee to f i le a compla in t

Ash as h u sba nd was ki lled in a fake en coun ter with a forest pa trol. She a skedHarish to h elp h er write a complaint to the Sta te Hum an Rights Comm ission. He

told h er it would cost Rs 500 becau se h e was par t of an NGO au thorised by thecommission to f i le complaints . Harish is dishonest . Human r ights commissionsdo NOT work with any NGO or any other individual (including a lawyer) for thepu rpos e of fi ling complaint s.

Is a lawyer nee ded to f i le a com plaint?No, a lawyer or an advocate is NOT needed to file a complaint or evento plead the case before the commission. Anyone can wri te a let tert o a c o m m i s s i o n e x p l a i n i n g w h a t h a p p e n e d a n d w h y t h e y a r ecomplaining. The let ter should be clear and simple. I t does not have

to be in legal language. All that is required is that the let ter shouldgive detai ls of each event as i t took place and explain who did theh a r m , a n d w h a t i n j u r y o r d a m a g e h a s b e e n c a u s e d . C o m m i s s i o n sa l s o h a v e a s i m p l e c o m p l a i n t f o r m t h a t c a n b e u s e d b u t i t i s n o tnecessa ry to file a com plaint only on t h at form. Sen ding the comp laintby speed post or registered AD makes sure i t gets there in a t imelym a n n e r .


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If th e person m aking th e com plaint does not kn ow how to read or writes/ he can get som eone else to write th e com plaint or com e persona lly tothe human r ights commiss ion .

A r e t h e r e a n y t y p e s o f c o m p l a i n t s t h a t h u m a n r i g h t scom miss ions do no t t ake up?Hum an Rights Comm iss ions usual ly do not tak e u p a com plain t i f:

the compla in t i s aga ins t a pr iva te person and not aga ins t theState or an agent of the State

Hum an r ights commissions a re there to see tha t the governm ent does not overs tepi t s a u t h o r i t y. T h e r e f o r e , c o m p l a i n t s r e g a r d i n g d o m e s t i c d i s p u t e s , c h e a t i n g ,recovery of property, bogu s deposit schem es, lan dlord-tena nt d isput es are n ot takenup as these are general ly between pr ivate persons.

t he pe r son compla in ing has approached the Commiss ion oneyear af ter the human r ights violat ion has taken place

the case is already being inquired into by another human r ights

commissionthe case is already before the court and there is l ikel ihood of relief being provided there

Due to pra ct ical difficul t ies , hu m an r ight s comm issions can n ot take u pa comp lain t if it is :

i l legible - cannot be read because it is badly written;

vague or an onymous - not s igned an d does n ot say who is complainingor show what the problem is;

tr ivial or frivolou s .


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Examples o f Com plaints th at are no t taken up by Human Rights Com miss ions

Term inat ion of Mahes hs em ploym ent contr act b y ABC Pvt Ltd

Failu re of the Postal Depa rtm ent to deliver Malinis letter

Sale of defective television set to Diya by a shopkeeper

Govern men t contr actor s failure to repa ir sign boar ds in Ram esh Babu s village

Dispu te between Akram an d Sa jid for par t it ion of their an cestra l hou se

Mari ta l d ispu te between Bina an d Ram an for cus tody of their son

Non-paymen t of rent b y Ja gdish s ten an t

Overcharging by parking lot contractors

Poor condition of berths in trains

Reduction in travel allowance of government employees

Imposition of tax by the Excise Department on goods and services

In ab ili ty of Mani to stu dy du e to loud m u sic played by his neighbou r

Impr oper election of secr eta ry, Residen ts Welfar e Ass ociation


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Examples of Com plaints t hat can be f i led with Human Rights Comm issions

Police trying to pa ss off th e death of Sar ojinis son as an accident wh en h ereally died of electric shocks given to him at the police station

Rita getting AIDS after she came in contact with an infected syringe at theGovernment Hospi ta l

Fai lu re of the Rai lway auth orit ies to ta ke adequ ate s teps to ensu re th e safetyof women travellers on trains

Pol ice breaking th e wind ow pan es of Vish als h ouse an d th reatening h im notto give evidence against the Superintendent of Police

Injur ies s u ffered by Aslam an d Su dh a d u e to indiscr imina te fi r ing by secu r i tyforces dur ing a grenade at tack

Refu sa l of th e police to register a ca se a gainst h igh ca ste res idents of Muth u svillage who m ade h im eat excreta becau se th ey wan ted to insu lt Dal its

Saj id an d Karim being m ade to s i t on a donkey an d dr ink u r ine by policemenin an a t t empt to humi l i a te them

Death of Amrita after she came in contact with live electricity wires that werenegligently left exposed by the Electricity Department l inesman

Fai lu re of Beenas Univers i ty to take ad equa te mea su res to prevent s eniors tu dents from hu milia t ing a nd abu sing fresh ers in ragging incidents

Failure of the municipality to prevent a sweet mart from preparing sweets ina pu b lic p lace , cau s ing bo th a hea l th ha zard a nd a pu b lic nu isan ce

J u lius b eing m ade to work a s a bonded labou rer on the local lan dlords f ie ldsbecause he is unable to re turn the money he borrowed

Non-investigation of Mitalis complaint r egarding sexu al h ara ssm ent by h er boss

Burn ing of hou ses in Them bu s village by arm y jawan s a fter an encoun ter with militan ts

Non-r egistr ation of J oseph s ca se b y th e police regard ing il legal occup ation of his house by a Member of Parliament [M.P]

Failu re of the Mun icipal Corporat ion to cover m an h oles in Balji ts colony evenaf ter being sent many reminders

Thom as being denied blankets by s taff a t th e Central J a i l becau se he r efu sesto pay them money

Failu re of the Sta te Pollu tion Control Board to sh ut down u na u thorised tan neriesth at a re ma king life un bear ab le in Persh ad s colony du e to overpowering bad sm ell

Neglect of th e govern m ent to reh ab ilitate a displaced t ribal comm u nity followin gconstru ct ion of a reservoir an d n at iona l park on their lan d

Wrongfu l detention of u n der trial prisoners in an as ylu m for inord inately long periods


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How to File a Complaint

Complaints can be filed:

in pe r son a t the human r igh t s commiss ion

by teleph one or b y fax

by post or b y telegram

by e-mail [National Human Rights Commission]

Com plaints should:

ideally be in writing - typed or written in clear handwriting so that they are

easy to readb e a d d r e s s e d t o t h e C h a i r p e r s o n o r t h e S e c r e t a r y o f t h e h u m a n r i g h t scommiss ion

be s igned by the person complaining or have her / his thu mb impr ession

Com plaints should a lso:

include the full name, address (name of village, tehsil , district and state) andother contact d eta i ls (PIN code, phone n u mb er, fax n u mb er, emai l add ress , orpp) of the p erson m aking the comp laint

include the fu ll nam e, address an d conta ct deta i ls of the vic t im, if the personm ak ing the comp lain t is not th e victim. If th e victim is a m emb er of a m inoritygrou p, schedu led caste or t r ibe , it sh ould be men t ioned

include th e fu ll n am e(s), ad dres s(es) an d conta ct details of th e person (s) agains twhom the complaint is being made and the name of the authori ty who hasoverall responsibility (if it is known)

inc lude the t ime , da te and p lace o f the inc iden t desc r ibe exac t ly wha tha ppen ed an d who was involved it sh ould n ot leave any facts ou t or includeanything which is not t rue

explain how the s i tuat ion has affected the person making the complaint orthe person whose rights were violated (victim)

give th e na m es, ad dress es an d oth er conta ct details (if poss ible) of an y witnesses

or other people who can give inform at ion abou t what ha ppen edlis t any other a ct ion th at h as been ta ken reports to the pol ice (with na me of the police station), visits to lawyers or any court proceeding

Detai ls of the addresses and phone numbers of the National Human Rights Commission and the state human rights commissions are given onthe last page of this handbook.


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5 . Ho w d o e s a Hu m a n R ig h t s Co m m i s s i o n Wor k ?


receiving and investigating complaintsrecommen dat ions / d irect ions on compla in tsinspect ions, projects and programmes

What happens t o a com plaint after i t com es to t he h um an rightscommiss ion?

After a complaint comes to the commission, it is carefully lookedat to see i f the facts show that there might have been a humanr i g h t s v i o l a t i o n . T h e p e r s o n m a k i n g t h e c o m p l a i n t i s t h e ninformed tha t the case has been taken up by the commiss ion . I f thecase cann ot be tak en u p, the person is sent a let ter detai ling the reason swhy the compla in t cann ot be taken u p .

The com plaint is then s ent to the Chairperson an d mem bers who decidewhat act ion to take on the case.

Urgent CasesThese re la te to compla in t s , which a re se r ious and need immedia te a t t en t ion .They include complaints where there is great or immediate threat to l i fe , orwhere women , children , minorities or bon ded labou r ar e involved. They are ta kenup on a pr ior i ty basis by human r ights commissions .

Example: where a p ara -military force has picked u p a person for quest ioning onsu spicion of being a terror is t an d th e persons family ha s n ot been informed whereshe is being held.

How is a c om pla in t inves t igated?D e p e n d i n g o n t h e n a t u r e o f t h e c o m p l a i n t , i t m a y b e s e n t t o t h egovernment department concerned for a report or may be given to thel o c a l p o l i c e o r t h e C r i m i n a l I n v e s t i g a t i o n D e p a r t m e n t [ C I D ] f o rinvestigation. If the commission is not satisfied with the investigationreport or if th e cas e is s ens itive an d th ere is risk of political in terferen ceor if i t involves a serious human rights violation, where senior officersor h ighly p laced persons are involved , the commiss ion can ask i t sInvestigation Wing to carry out an inquiry.


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Examples o f Recom me nda t ions made by Human Righ t s Comm iss ions

The pol ice in Karnataka informed the Nat ional Human Rights Commission thata man in their custody had commit ted suicide by hanging himself wi th a nylonrope in th e toilet of a police st at ion. Bu t th e Peoples Un ion for Civil Libert ies(PUCL), Karnataka suspected foul play by the pol ice and asked the Nat ionalCommiss ion to inves t iga te the mat te r. The Commiss ion found tha t the pos t -mor tem an d inques t r epor t s con t rad ic ted each o the r an d d id no t e s tab l ish tha tt h e m a n h a d c o m m i t t e d s u i c i d e . A f t e r g o i n g t h r o u g h a l l t h e f a c t s a n dcircum stan ces , the Comm ission concluded t ha t even if the remote poss ibility of th e police version b ein g correct was accepted , th e police was sti l l resp ons ible fornot pr event ing the m an s dea th an d ordered: a) regis t ra t ion of cr imina l cases an d

depa rtm ent al action a gainst th e policemen b) investigation of th e case to be car riedout b y the Corps of Detectives, Kar n ata ka S tat e c) Rs 2 lakh s be pa id to the fam ilyof the deceased d) a case to be registered against the government doctor who didthe post-mortem on the char ge of dest roying evidence.

An 18 year old gir l d ied a t a Pu bl ic Health Centre in Assa m. E ven th ough sh e wastrembling an d h er condi t ion was s er ious , th e doctor on d u ty did n ot come to h eraid as h e was too busy at ten ding another p at ient . By the t ime h e came to her, i twas too late. No post m ortem wa s car ried out, so th e police did not register a case.The Assam Human Righ t s Commiss ion took up the i s sue and d i rec ted tha t ac a s e o f n e g l i g e n c e s h o u l d b e r e g i s t e r e d a g a i n s t t h e h o s p i t a l s t a f f a n d a l s odiscipl inary act ion should be taken against them for fa i l ing to fol low correctprocedure.

A Sri Lankan Tamil refugee wrote to the National Human Rights Commissionabou t poor l iving cond it ions in a r efu gee cam p in Tam il Nadu . He said th at somepeople were being in definitely held th ere with out being informed by th e au th oritiesabout when they would be re leased. He also complained that res t r ic t ions hadbeen placed on the movement of refugees in the compound and there were noarr an gemen ts for visitors to m eet them . Th e daily allowance was also in su fficien t.The Nat ional Commission sent a team to carry out an inspect ion vis i t of thecamp an d d irected the St ate Governm ent to: a) take s teps to s peedily dispose off the cases against the refugees b) allow them to exercise and move about freely inthe camp c) increase the daily allowance for adults to Rs 35 from Rs 20 and forchi ldren to Rs 20 from Rs 14 d) make sure that medical and revenue off icerscarry out r egu lar vis i ts to the cam p.

The Nat iona l Hu ma n Rights Comm ission learn t th at b l ind an d visu al ly imp airedstudents were often receiving their Braille textbooks at the end of the academicyear ra t her th an a t the beginn ing. The Commission discovered that one of thereasons was th at m an y s ta tes dont ha ve a Brai lle press . Recognis ing the r ight of a l l b l ind and visual ly impaired s tudents to Brai l le textbooks, the Commissiondirected a l l s ta tes to develop a Brai lle press an d d is t r ibu t ion s ystem th at wou ldensu re s tu dents wou ld receive the books a t th e beginning of the a cademic term.


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Does t he Governm ent have to obey the order o f a human righ tscommiss ion?Once it ha s gon e throu gh al l th e facts a n d circu m sta n ces of a case, theN a t i o n a l C o m m i s s i o n o r s t a t e c o m m i s s i o n i n f o r m s t h e c o n c e r n e dgovernm ent abou t i ts decision . Thou gh th e Protect ion of Hu m an RightsAct , 1993 says that commissions can only make recommendations tog o v e r n m e n t a n d d o n o t h a v e t h e p o w e r t o e n f o r c e a d e c i s i o n ,governm ents are expected to abide by the recom men dat ions of a h u m anr igh t s commiss ion . I f t he gove rnmen t dec ides no t t o ab ide by therecom men dations of th e hu m an r ight s comm ission, i t has to give reasonsfor not doing so in a special report called act ion taken report . Thisreport is required by law to be laid before the Parliament in case of theNation al Hu m an Righ ts Comm ission an d before the Vidh an Sabh a [StateLegislative Assembly] in case of state human rights commissions. Inaddit ion, human r ights commissions can also go to the High Court toget th eir recom m en da tion s en forced. Becau se of m edia an d civil societypressure, aware citizens and alert courts, i t becomes very difficult forthe government to reject a decision of a human r ights commission.

The Nat ional Human Rights Commission asked the Tamil Nadu government to

pay immediate compensation to a victim of police torture but the Tamil NaduState Government did not comply with the orders given by the Commission. Sothe Comm ission i tse lf went to th e Madra s High Cou rt a nd ask ed i t to direct theState Government to pay up. The High Court ordered the vic t im to be paid theamount decided by the National Commission along with 18% yearly interest fromth e date of th e Comm issions recomm end ation ti ll th e date of pa ymen t. Th e HighCou rt disapp roved of the Sta te Governm ents a t t i tude so m u ch th at i t a lso orderedi t to make an extra payment as puni t ive costs .

Can a human rights com m ission t ake not ice of a violat ion on i tsown?Yes, in certain cases, h u m an r ight s comm issions ta ke n ote of reportsconcerning human r ights v io la t ions f rom newspapers , te lecas ts andother forms of mass media. This is called taking suo moto notice of acompla in t , m eaning tha t the h u ma n r ights comm iss ion , rea l is ing th a ta serious violat ion of human r ights has taken place, decides to look i n t o t h e m a t t e r o n i t s o w n w i t h o u t s o m e o n e h a v i n g t o r e g i s t e r acomplaint .


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A newspaper reported that the health of slate factory workers in Madhya Pradeshwas b eing ba dly affected by silicon d u st th at was r eleased d u e to inferior m ach inery.Taking note of the news report, the National Human Rights Commission issueddirections to the State Governm ent to ens u re tha t: a) only qua lity ma chinery mad eby Bharat Heavy Electricals Limited [BHEL] is used in silicon factories so thatworkers may have access to a dust and pollution-free environment b) the LabourDepartm ent sh ould inspect the factor ies on a month ly basis a nd su bmit reports tothe State Human Rights Commission c) widows and children of deceased workersare taken care of by factory owners d) children are not employed in the factories.

Are t here any ins tances where h uman r igh ts c om m iss ions have

looked a t m ass v io la t ions of hum an righ ts?Yes, hu ma n r ights comm iss ions do address su ch s i tua t ions . A ma ssviolat ion of h u m an righ ts is a st at e of affairs wh ere th e righ ts of a lar genumber of people as a collective group are affected. A mass violationm ay take p lace eith er as a resu lt of a d irect act ion of th e State or b y itsfai lure to control a man-made or natural calamity.

Gujarat Riots

In February-March 2002 large scale communal violence took place in Gujarat .About 3000 people, mainly belonging to the minority Muslim community werekilled savagely and their property was looted and destroyed. Reports indicatedtha t the S ta te Government i t s admin i s t ra t ion and the po l i ce , had no t doneenou gh to protect the m inori ty popu lat ion, s top th e violence an d a rres t th e gui ltyto br ing them to jus t ice . The Nat ional Human Rights Commission regis tered acomplaint before itself on its own initiative and asked the State Government toreport what i t was doing to res tore law and order. Later wh en th ere were reportsabou t witnesses b eing int imidated a nd gui lty persons being le t off by the courts ,the Commission approached the Supreme Court on behalf of the vic t ims.

Persecut ion of Hajong and Chakma Refugees

Th e Nationa l Hu ma n Rights Comm ission received rep orts from th e Peoples Un ionfor Civil Liberties (PUCL) an d from Am n esty Intern ationa l tha t Hojong a nd Cha km arefu gees who h ad or igina lly come t o Ind ia f rom Ea st Pakis tan between 1964 -71were being harassed and threatened in Arunachal Pradesh. Though they wereini t ia l ly welcomed in India af ter they f led f rom rel igious persecut ion in EastPakis tan, th ere were reports th at th e State Governm ent h ad fa iled to take adequa tes teps to pr otect th em from ha ras sm ent by th e local people . Not ing th e ser iou sn essof the s i tuat ion, th e Nat iona l Comm ission br ought it to th e not ice of the CentralGovernment and the S ta te Government and asked them to ensure tha t the l i f eand property of Hajong and Chakma people were protected. Not satisfied with theeffor ts to protect them, th e Comm ission app roached th e Su preme Court to directthe Sta te and Union Governm ent to protect 65,000 Hajong an d Cha km a refu gees .


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Starvation Deaths in Orissa

Concerned over r epor t s tha t many peop le had d ied o f s t a rva t ion in Korapu t ,Bolangir and Kalahandi (KBK) districts of Orissa, the National Human RightsCommission sent a team to report on the s i tuat ion. I t a lso appointed a SpecialRapporteur to oversee re l ief and rehabi l i ta t ion work and make observat ions onp r o g r e s s . T h e C o m m i s s i o n a s k e d t h e S t a t e G o v e r n m e n t t o s t r e n g t h e n t h eemergency feeding and mid-day meal programme by ensur ing there is enoughstaff and adequate stock of food grains for proper distribution; carry out a reviewof entit lements under the Public Distribution System; review the existing scaleof one tube-wel l per 150 persons so that the average dis tance people have totravel to get water is reduced from one and half kilometres to half a kilometre;

and to fil l up vacancies of doctors and para-medical staff on a priority basis. TheCommission is per iodical ly reviewing both the short and long term measuresbeing taken by the State Government to improve the s i tuat ion.

What e lse besides de al ing with com plaints does a hum an rightscomm iss ion do?Hum an r ight s comm iss ions h ave a respon sibility to oversee governm entact ivit ies an d en su re governm ent in st i tut ions are following h u m an r ight sn o r m s a n d s t a n d a r d s . M e m b e r s o f h u m a n r i g h t s c o m m i s s i o n s a r eexpected to carry out regular inspections of:

police lock-upsjailsjuvenile homesdetention centresrefugee campsgovernm ent h ospitals

Inspect ion Teams from human r ights commissions have helped highl ight poorliving conditions that exist in most jails in the country such as overcrowding,lack of proper toilets, inadequate medical facili t ies, serving of unhygienic foodand bad condition of buildings. They have also highlighted the plight of the largenumber of under- t r ia ls awai t ing decis ions on their cases .

Hum an r ight s comm iss ions are a lso expected to t rack developmen ts int h e f i e l d o f h u m a n r i g h t s ; a n a l y s e l a w s f r o m h u m a n r i g h t s l e n s ;under take research; conduct human r ights sens i t i sa t ion programmes;an d ra ise hu ma n r ights awareness th rough press re leases , pu blica t ionof reports , newslet ters , pamphlets , documentaries , handbooks etc .


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What s ort of projec ts are hum an rights c om m iss ions involved in?Hum an r igh ts com m issions h ave from t ime to t ime involved th ems elvesin a nu mb er of pro jects an d program mes to fu r ther th e cause of hu ma nrigh ts in t he coun try. Hu m an r igh ts comm issions often collabora te withna tiona l an d in terna t iona l agencies, edu cat iona l an d research ins t itu tes ,non -governm enta l an d other organ isa t ions to inform people abou t th eirr ights and highlight social issues.

Som e Pro jec t s involv ing Hum an Rights Com mis s ions

The National Commission and the Bri t ish Council partnered in aproject to build human rights investigation and interviewing skillsa m o n g s t p o l i c e o f f i c e r s , a s w e l l a s h u m a n r i g h t s c u s t o d ymanagemen t sk i l l s amongs t p r i son o ff i c i a l s . The human r igh t scommissions of Kerala, Madhya Pradesh, Punjab, Tamil Nadu andWest Bengal were involved in the project.

Th e Nation al Comm ission, the Can adian Hum an Righ ts Comm issiona n d t h e I n d i r a G a n d h i N a t i o n a l O p e n U n i v e r s i t y a r e j o i n t l ydeveloping manuals on the r ights of disabled people for lawyers,academics and d i sab i l i t y r i gh t s ac t iv i s t s . These manua l s cove rprovisions in law that protect the r ights of the disabled; redressmechan i sms tha t ex i s t t o upho ld these r igh t s ; and in t e rna t iona ls tan dards an d good prac t ices .

A project on Child Rights and Child Protection was conducted byth e Pu njab Comm ission an d th e Bri t ish Cou ncil. A n u m ber of n on-govern m ent al organ isa tion s were also involved in th is project whosefocus was to raise r ights awareness amongst chi ldren by holding72 Public Education Programmes across 12 distr icts in the s tate .

T h e C h h a t t i s g a r h C o m m i s s i o n a n d t h e C o m m o n w e a l t h H u m a nRights Ini t iat ive in partnership with the National Commission andMult iple Action Research Group have carr ied out Human RightsTra ining an d Sen sitisation Program m es for officers servin g in polices ta t ions .


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6 . Im m e d i a t e Co m p e n s a t i o n p r ov id e d b y Hum a n Righ t s Comm iss ions


why immediate compensation is giventh e na tu re of com pens at ion th at is givensome exam ples

What i s imm edia te com pensa t ion?

I m m e d i a t e c o m p e n s a t i o n i s a s p e c i a l t y p e o f c o m p e n s a t i o nrecom m ended b y hu m an r ight s comm issions to vict im s or th eir fam ilies .It is pa id s o tha t m oney can be m ade a vai lable to them for reha bilitat ion,w i t h o u t d e l a y. I t d o e s n o t a f f e c t t h e r i g h t t o c l a i m f u r t h e rcom pensa t ion in cour t by f i ling a c iv i l case aga ins t th e o ffender . It isth erefore term ed in ter im re l ie f by human r ights commiss ions .

In Bihar, a man was e lectrocuted af ter he came in contact wi th a l ive wire thatcame loose f rom a dis t r ibut ion l ine af ter a s torm. His wife complained to theNat ional Hum an Rights Comm ission th at s he was facing an a cute f ina ncial cr is isbecau se of her h u sba nd s death . The Comm ission foun d th at th e State Electr ici ty

Board h ad not b other ed to imm ediately rem ove the wire or switch off th e power tomake the place safe for the public. Holding the Board guilty of negligence, theComm ission ordered th at Rs 2 lak h s be imm ediately pa id to the victims family.The Comm ission as ser ted th at p ayment of Rs 2 lakh s a s inter im rel ief wou ld notaffect the r ight of his depen dents to get fu r th er compens at ion in court .

What k inds of cases can ge t imm edia te com pensa t ion?Though there is no hard and fast rule, typical ly complaints regardingserious violat ions of human r ights such as death in custody; torture;rape ; i l lega l de tent ion; k idnapping; des t ruc t ion of pr iva te proper ty ;insults to personal dignity; and negligence by police, security forces orgovernment agencies qualify for payment of immediate compensation.

Th e police in Uttar Prad esh claimed to h ave killed four crimina ls who th ey saidwere abou t to rob a petrol s ta t ion. The Nat iona l Hum an Rights Comm ission fou ndthe pol ice vers ion to be fa lse and that the four innocent people had been takenout f rom a near by hotel an d gun ned d own. The State of Ut tar Pradesh was orderedb y t h e C o m m i s s i o n t o p a y R s 4 la k h s e a c h t o t h e v ic t im s fa m il ie s . Th eComm ission also asked th e governm ent to speed u p i ts inqu iry into th e incidentso th at th e gui lty policemen could be prosecuted in court .


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Why do human r i gh t s commiss ions r ecommend immed ia t ecompensa t ion?Immedia t e compensa t ion i s g iven to show tha t t he S ta t e has donea wrong . I t i s an acknowledgemen t by the S ta t e t ha t i t ha s f a i l edto protect the life and limb of its citizens. It is also ordered to make upfor the pain and suffering and for the loss caused to the vict im andfamily.

Of course, there is no way a human l i fe can be valued in money. Noamount of immediate compensat ion is enough to off-set the monetary

loss for th e depend ents of an earn in g person, let a lone th e in calculablegrief that is suffered by those who have lost loved ones.

Those who have undergone the t rauma of being tortured or beaten orhave been subject to humil iat ing or degrading treatment carry scarsboth mental and physical for life. Neither their suffering nor their grief c a n b e m a d e u p i n t e r m s o f m o n e y b u t a n a w a r d o f i m m e d i a t ecompensation does bring with it a sense of justice and relief.

What do human rights com m ission s look at while reco m m endingimme d ia t e c ompensa t i on?S o m e o f t h e t h i n g s t h a t c o m m i s s i o n s t a k e i n t o a c c o u n t w h i l erecommending immedia te compensa t ion are :

extent of injuries suffered by the victim

medical expenses incurred for t reatment

loss of in come b ecau se of in ab ility to work on a ccoun t of injur ies

number of dependents direct ly affected by the loss in earningcap acity of th e victim

hu milia t ion an d m enta l t rau ma su ffered by the vic t ims an d/ ortheir families

In Pun jab, a n arm y officer was br u tal ly beaten a t a roadside dh aba by policemenwho then i llegal ly arres ted h im an d pou red alcohol down h is th roat to sh ow thath e w a s d r u n k a n d c r e a t i n g a n u i s a n c e . T h e P u n j a b S t a t e H u m a n R i g h t sComm ission, tak ing note of th e trau ma su ffered by th e victim s wife, his sister-inlaw and minor son in whose presence he was beaten and the fact that he wasdown-graded to a lower medical category thus affect ing his career prospects ,di rected payment of Rs 1 lakh as immediate compensat ion.


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Who pays the imm edia te com pensa t ion?Once it h as es tab lish ed th at th e State h as fai led in i ts du ty to protect apersons h u ma n r ights , the comm iss ion m akes a recommen dat ion t opay immedia t e compensa t ion to the v i c t im o r he r / his family. Thisrecommendation to pay immediate compensat ion is made ei ther to thegovernment under whose jurisdict ion the violat ion has taken place ort h e g o v e r n m e n t t h a t c o n t r o l s t h e d e p a r t m e n t r e s p o n s i b l e f o r t h ev i o l a t i o n . S o m e t i m e s a f t e r p a y i n g i m m e d i a t e c o m p e n s a t i o n , t h egovernment concerned recovers the amount from guilty officials.

In Man ipu r, a m an went miss ing after he was p icked u p by the Assa m Rifles an dtaken to their bat ta l ion headquarters for quest ioning. Fear ing for his l i fe , h iswife complained to the Nat ional Human Rights Commission which asked theAssam Rifles for a report. The Assam Rifles reported that he had been released.But the Commission was not convinced. After going through al l the facts andcircum stan ces , the Commission conclu ded th at whi le th e vic t ims s ide was a bleto prove that he was taken into custody, the Assam Rifles were not able to provethat he was a l ive when they released him from their custody. The Nat ionalCommiss ion asked the Cen t ra l Government to pay Rs 3 l akhs as immedia tec o m p e n s a t i o n t o t h e vi c t im s f a m i l y. Th o u g h t h e c r im e t o o k p l a c e in t h e

ju r isdic t ion of Man ipur s ta te , th e Comm ission as ked th e Central Governm ent topay the immedia te compensa t ion amount a s the Assam Ri f l es a re under the

direct control of the Central Government.

What i s the amount o f immedia te compensa t ion tha t may berecom me nded by t he human ri gh t s com miss ion?Immedia te compensa t ion amounts vary f rom case to case dependingupon the c i rcumstances and f rom commiss ion to commiss ion . Someillustrative cases are given overleaf:


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In Uttar Prad esh , a fifteen year old Dalit girl comm itted su icide after two firemenand a pol ice constable took her to their house and raped her. When the vic t imwent to report the mat ter, the Sub-Inspector a t the pol ice s ta t ion and the FireS ta t ion Off ice r ins tead o f t ak ing ac t ion on the compla in t passed de roga to ryremarks and th rea tened to regis t e r fa l se cases aga ins t he r. F rus t ra ted tha t sh ecould n ot get ju stice, the girl took h er l ife. Th e Nationa l Hum an Rights Comm issionordered th at Rs 2 lakh s b e paid to th e vict ims family as th eir beh aviour ha ddirect ly contr ibu ted to her death .

In Delhi , a fa ther appealed to the Nat ional Human Rights Commission to carryout a n ind epen den t investigation into h is sons dea th . Th e police refu sed to tell

h i m h o w h i s s o n d i e d a n d t h r e a t e n e d h i m n o t t o p u r s u e t h e m a t t e r. T h eCommission ordered an inquiry which revealed that the victim collided with acycle rickshaw, which led to a scuffle. A policeman then intervened in the matteran d beat th e vict im s o badly tha t he collaps ed an d ha d to be taken to the hosp ita lwhere h e was b rought dead on a rrival. Holding th e police guilty of gross miscondu ct,the Comm ission ordered Rs 3 lakhs to be paid as imm ediate compens at ion to thevictims family.

In West Bengal, an

human rights commissions: a citizen’s handbook

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