The Human Rights Commission is an autonomous body as it derives itself from the procedure of self appointing its Chairperson and Members of the body; determining their tenure of service, including the staff members and investigating body – all appointments are conducted by themselves. The Commission’s financial autonomy is stated out in Section 31 of the Act.
Based on recommendations from a Committee headed by the Prime Minister as a Chairperson, the Home Minister, the Speaker of the Lok Sabha, the Deupty Chairman of the Rajya Sabha and leaders from both the Lok Sahba and Rajya Sahba as Members – The Chairperson and Members of the Commission are chosen and appointment by the President of India.
Independent Investigation Team:
The investigating team of the Commission is headed by the Director General of Police for conducting the investigations related to complaints of violation of Human Rights. The Act also embodies the Commission’s investigating team to use services of any State or Central Government’s investigation agency or officers; it also can enlist the help from Non-Governmental Organizations.
Acceptable Language for Filing Complaints:
Complaints maybe filed in any of the 22 languages stated in the 8th Schedule of the Indian Constitution, or English, or Hindi. There are no fees for lodging complaints and the Commission maybe request for additional information and filing of affidavits in support of the allegations when deemed necessary. At the sole discretion of the Commission it is acceptable to use fax, email or telephone or telegraphic transfer for filing complaints.
What Is The Procedure Of Complain Inquiry By Human Rights Commission?
Process of Inquiring into Complaints:
Upon receipt of complaints which are in violation of Human Rights, the Commission will make inquiries by calling upon any Authority, its subordinate organization, any State or Central Government office for information or reports along with specified time frames. Should there be no response from the concerned Authority with the stated time frame, the Commission would then proceed to with its own inquires. However, should the information and reports furnished be satisfactory to the Commission, and requires no further investigations then the Concerned Authority is to inform the Complainant of the outcome.
Does the Commission have its autonomous investigating team? Yes the investigating team of the Commission is independent and headed by the Director General of Police for conducting independent investigations related to complaints which are in violation of Human Rights. The Act empowers the Commission’s investigating team to use services of any State of Central Government agency or officer; it can also enlist the help from Non-Governmental Organizations.
Nature of Complaints that are not entertained:
As a general rule of thumb, the following is the list of complaints and their nature which are not entertained by the Commission:
a. Events which are more than 1 year old from date of lodging the complaint b. Matters which are subjudice; have anonymous and contain pseudonyms c. Those which are vague and frivolous in nature d. Those which are pertaining to service related matters or issues.