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About the National Human Rights Commission
The National Human Rights Commission was established on 12 October 1993 for the protection and promotion of Human Rights in India. It is a statutory body under the Protection of Human Rights Act, 1993 (PHRA). It has the responsibility to spread awareness, undertake and promote research related to human rights in India. Moreover, it is also provided with investigative functions and it can inquire into an issue on its own initiative or on a petition presented to it by a victim or any person on his behalf.
The National Human Rights Commission (NHRC) was established on 12th October 1993 under the Protection of Human Rights Act, 1993. It serves as the apex body for the protection and promotion of human rights in India, safeguarding the rights guaranteed by the Constitution or embodied in International Covenants ratified by India.
To support this framework at the state level, State Human Rights Commissions (SHRCs) have also been constituted in various states under Chapter V of the same Act. These Commissions have similar powers and functions as the NHRC but operate within their respective state jurisdictions.
Both the NHRC and SHRCs have quasi-judicial powers similar to those of a Civil Court under the Code of Civil Procedure, 1908, enabling them to summon individuals, examine witnesses under oath, and call for documents and records relevant to any inquiry.
When to Approach the Commission
A complaint can be filed before the commission by a victim or a person on his behalf in cases where there is:
- Violation of human rights or abetment thereof by a State officer
- Negligence in the prevention of such violation by a public servant
- Custodial death, torture, or illegal detention by police or prison authorities
- Harassment or illegal conduct by government officials
- Failure of administrative authorities to take action on genuine grievances
Moreover, the Commission can also visit any jail or any other institution under the control of the State Government with prior intimation to the Government of the respective state and make recommendations for the same.
The commission is given the powers of a Civil Court to try a suit under the Code of Civil Procedure when inquiring into complaints under the Act. The decision of the commission after the conduction of the inquiry is to be enforced by the respective Governments within a period of one month, failing which they have to provide a reason to the commission for non-enforcement of the same. If the decision is not implemented, the petitioner can move to the Courts.
How We Help NRIs at the Human Rights Commission
At NRI Legal Consultants, we provide assistance to individuals — particularly Non-Resident Indians (NRIs) — in approaching the NHRC and SHRCs for matters involving custodial torture, illegal detention, harassment by police, administrative inaction, and other human rights violations. Our team is sensitized to Human Rights matters and well versed with the procedure of the Human Rights Commission. We provide our services to you throughout the process, assisting in filing applications, attending hearings, drafting responses to government replies, and following up for compliance with Commission orders.
Our firm ensures that NRIs despite being overseas can effectively pursue justice through legally valid representation such as Power of Attorney, minimizing the need for personal presence while maintaining the strongest possible case before the Commission.
Our Philosophy
Getting justice for our clients is our priority. As they say, "Justice delayed is Justice denied." Our approach has always been to help our clients sort out their disputes in a timely manner and amicably.
We are a team of Attorneys, Chartered Accountants and Property Managers, each of whom is an expert in their own field so as to satisfactorily assist you in your property or legal matters.
Our Team of experts strive to provide the best possible solution and earn the trust of our clients by sending them legal updates regarding their cases/transactions in the form of a monthly legal report.