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Durgam Girish   17 June 2020

Procedure of complaint/case handling of SHRC

What are the various phases a complaint passes through till we get judgement. Please explain in detail.


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 1 Replies

Sampada Sharma   26 June 2020

State Government may constitute a State Human Rights Commission. That State Human Rights Commission may inquire into human rights violation related matters given in list ll and lll of schedule 7 of Constitution of India.

  The procedure of complaint and steps till judgment are as :-

  • When SHRC get a complaint , it may call for information or report from central govt. or any state govt. within a stipulated time period. On expiry of such time period the SHRC may proceed for inquiry on its own if it cannot get the report from central govt or state govt. and if on getting report from concerned authority the commission is satisfied that the appropriate action has been taken by the concerned authority, it may not proceed with the inquiry and inform the complainant about the same.
  • If commission after inquiring into the coplaint find any violation of human rights by a public servant, it may recommend to the concerned authority for theproceeding for prosecution or other action SHRC may deemed fit against that person.
  • Or commission may approach the Supreme Court or the High Court concerned for such directions, orders or writ as the court may deem necessary.
  • For every human right court, the state govt shall, appoint a public prosecutor or advocate.

The procedure for proceeding is same as of normal court proceeding. Commission may recommend the concerned authority to grant interim relief to the victim or to members of his family as commission may think necessary.

    


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