Date: 28 Sept, 2020
by Ambica Sharma, TIPS, Dwarka
National Human Rights Commission of India was established under The Protection of Human Rights Act (PHRA), 1993 on 12 October, 1993.
It is in conformity with the principles accepted at the very first international workshop on national institutions for the development and security of human rights held in Paris in October 1991, and was recognised by the General Assembly of the UN by its Regulations 48/134 of 20 December, 1993.
The NHRC is a personification for the protection and promotion of human rights.
Section 2(1) (d) of the PHRA states that Human Rights are the rights concerning life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied within the International Agreements and enforceable by courts in India.
Article 14 of the constitution gives the right to live equally. It tries to help people to protect them from being violated. NHRC keeps a check on the State institution and other institutions for any violation of human rights and makes appropriate recommendations.
LIMITATION OF NHRC
NHRC does not have the power to impose decisions, but can only suggest them.
The limitation period in which the victim has to complain is within 1 year of the incident. Thus, if the complaint is filed beyond the limitation period, NHRC cannot do any inquiry even if the violation is too wide.
HOW TO FILE A GRIEVANCE WITH NHRC
Online Complaint with NHRC
On the website of the NHRC, under the complaints section, a form has to be filled to register the incident.
The link of the website: www.hrcnet.nic.in
Offline Complaint with NHRC
By way of post: NHRC, Manav Adhikar Bhawan Block-C, GPO Complex, INA, New Delhi – 110023
By fax: (011) 24651332
Madad Toll-Free No. 14433
By email: firstname.lastname@example.org / email@example.com
24 hours mobile number: +91 9810298900/ 011-24651330
Also, if the police refuses to lodge an FIR, then a written complaint to the NHRC or State human right commission can be made.
Recently, the NHRC has started a new model, under which as many as three lakh Common Service Centres (CSCs) in the country, have been opened. People can file their complaints along with payment of Rs.30 at the rural and urban booths.
GUIDELINES TO FILE COMPLAINTS
Complaints must be through the victim or any other individual on his behalf.
Complaints must be in English or Hindi or any language involved in the 8th schedule of the constitution.
The complaint shall reveal,
i) Abuse of human rights or abetment thereof
ii) Neglect in the anticipation of such violations, by a public servant.
WHEN TO SUBMIT A COMPLAINT WITH NHRC
As professed by a universal statement of human rights “No one shall be subjected to torture or to cruelty, inhuman or degrading treatment”.
Anyone can file a case when his human rights have been violated. If somebody is being discriminated against, victimised, sexually harassed, you can make a complaint with NHRC or someone else on your behalf can make the complaint.
Whenever and wherever there is a violation of Human Rights or exploitation of human beings, they can inform the National Human Rights Commission within one year.