Provisions Regarding Inquiry and Steps under Inquiry

The Protection of Human Rights Act (PHRA), 1993, provides a structured legal framework for the National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRC) to inquire into violations. The core provisions regarding the inquiry process are found in Sections 13, 14, 17, and 18 of the Act.

1. Powers Relating to Inquiries (Section 13)

While conducting an inquiry, the Commission is granted the status of a Civil Court under the Code of Civil Procedure (CPC), 1908. This gives it the power to:

• Summoning: Enforcing the attendance of witnesses and examining them under oath.

• Discovery: Requiring the discovery and production of any relevant document.

• Evidence: Receiving evidence on affidavits.

• Public Records: Requisitioning any public record or copy thereof from any court or office.

• Commissions: Issuing commissions for the examination of witnesses or documents.

2. The Power of Investigation (Section 14)

The Commission does not have to rely solely on its own staff. It can:

• Utilize the services of any officer or investigation agency of the Central Government or State Government with their concurrence.

• These officers have the power to summon, search, and seize documents under the direction of the Commission.

3. Procedure for Inquiry into Complaints (Section 17)

The Commission may inquire into a complaint of a human rights violation (or negligence by a public servant) through the following methods:

1. Calling for Reports: It may call for information or a report from the Central/State Government or any subordinate authority within a specified time.

   • If the report is received: If the Commission is satisfied that no further inquiry is required (or that action has already been taken), it may not proceed further.

   • If the report is NOT received: If the report does not arrive within the stipulated time, the Commission may proceed to inquire into the complaint on its own.

2. Suo Motu Action: The Commission can initiate an inquiry on its own motion, even without a formal petition from a victim.

4. Steps During and After Inquiry (Section 18)

Once an inquiry is completed (or even while it is ongoing), the Commission can take several critical steps:

• Recommendation of Compensation: If the inquiry discloses a violation or negligence by a public servant, the Commission may recommend the concerned Government to pay compensation or damages to the victim.

• Initiation of Prosecution: It may recommend the initiation of proceedings for prosecution or any other suitable legal action against the responsible public servant.

• Interim Relief: At any stage of the inquiry, the Commission can approach the Supreme Court or the High Court for directions or writs to grant immediate interim relief to the victim.

• Follow-up Action: The concerned Government or authority must forward its comments and the "Action Taken Report" to the Commission within one month (or as specified).

• Publication: The Commission is mandated to publish its inquiry report along with the recommendations made and the action taken by the Government.

Important Limitation (Section 19)

It is important to note that for complaints against Members of the Armed Forces, the Commission follows a restricted procedure. It cannot conduct its own independent inquiry; it can only seek a report from the Central Government and make recommendations based on that report.