RTI for Bihar Human Rights Commission – Complaint Status and Investigation

What Is the Bihar Human Rights Commission?

The Bihar Human Rights Commission (BHRC) is a statutory body established by the Government of Bihar under the Protection of Human Rights Act, 1993 (PHRA). The PHRA was enacted by Parliament to provide for the constitution of a National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs) for better protection of human rights across India. Bihar constituted its own Commission under Section 21 of the PHRA to address violations committed by state government agencies, public servants, and officials operating under Bihar's jurisdiction.

The Commission functions as a quasi-judicial authority. It is headed by a Chairperson who is a retired Chief Justice of a High Court, and includes Members who are retired judges of a High Court. This composition gives BHRC judicial gravitas — it can summon any officer or record, visit any institution under the state government, and issue binding recommendations to the State of Bihar. While BHRC cannot directly impose criminal punishment on erring officials, the State Government is obligated to inform BHRC of the action it has taken on BHRC's recommendations; if the government chooses not to implement a recommendation, it must furnish reasons in writing.

BHRC's jurisdiction covers violations of human rights — meaning violations of rights relating to life, liberty, equality, and dignity guaranteed by the Constitution of India and embodied in international covenants — committed by officials of the state government of Bihar. Violations by central government agencies or central paramilitary forces deployed in Bihar are outside BHRC's jurisdiction; those fall under the National Human Rights Commission (NHRC). However, Bihar Police, Bihar state jails and prisons, state-run hospitals, Bihar's social welfare departments, revenue and land administration officers, and all state public servants are within BHRC's reach.

The Right to Information Act, 2005, is a powerful complementary tool for citizens who have already filed complaints with BHRC or who wish to understand how BHRC has handled categories of violations in Bihar. Since BHRC is a public authority under Section 2(h) of the RTI Act, it is fully bound to respond to RTI applications within the statutory timeframe.

Types of Cases the Bihar Human Rights Commission Handles

Understanding the kinds of violations BHRC investigates helps you frame precise RTI queries. Common categories of cases brought before BHRC include:

Custodial deaths and police brutality: Deaths in police custody, deaths in judicial custody (prisons and sub-jails), and allegations of torture, assault, or coercion during interrogation by Bihar Police are among the most frequently reported violations. BHRC can direct the state government to conduct magisterial or judicial inquiries and can recommend compensation and disciplinary action against responsible officers.

Bonded labour and forced labour: Bihar has historically seen cases of bonded labour among marginalised communities, particularly in agriculture and brick kilns. BHRC can take cognizance of such violations and direct the district administration or Labour Department to take remedial action, including release and rehabilitation of bonded labourers under the Bonded Labour System (Abolition) Act, 1976.

Caste-based atrocities and discrimination: Violations of the rights of Scheduled Castes and Scheduled Tribes — including social boycott, denial of access to public resources, discrimination in government services, and failure of district administration to take action on atrocity complaints — come within BHRC's mandate as violations of equality and dignity.

Prison and jail conditions: Overcrowding, denial of medical treatment, illegal detention beyond the period of remand, deaths in prison, and failure to produce undertrial prisoners before courts are matters BHRC investigates. It can direct the state prison authorities and the government to file reports and take remedial steps.

State hospital negligence and denial of medical care: Allegations of negligence, denial of treatment, or medical malpractice at state-run hospitals in Bihar — including cases of maternal death during institutional delivery, denial of emergency care, or failure of the Bihar health department to provide essential medicines under state schemes — can be brought before BHRC.

Displacement and rehabilitation failures: Where government authorities carry out displacement of communities for infrastructure, mining, or urban development projects without following due process or providing rehabilitation, BHRC can inquire into the violation of rights of the displaced persons.

Suo motu cognizance: BHRC also has the power under the PHRA to take suo motu cognizance of violations reported in newspapers or brought to its attention by any source, without waiting for a formal complaint. RTI can help you find out whether BHRC took cognizance of a widely reported incident and what action followed.

What RTI Can Help You Obtain from BHRC

BHRC is a public authority under Section 2(h) of the RTI Act, 2005, and must respond to RTI applications within 30 days (or 48 hours for matters involving life or liberty). The following categories of information are routinely accessible:

Complaint Registration and Status

• Whether a specific complaint has been registered by BHRC, the complaint number assigned, and the date of registration
• The current stage of proceedings — whether the complaint is pending scrutiny, a notice has been issued to the respondent, the matter is under inquiry, or a final order has been issued
• The name and designation of the officer or inquiry committee assigned to investigate the complaint
• Whether the complaint was returned or rejected at the threshold stage, and the reason recorded for rejection

Notices and Orders

• Copies of notice or summons issued by BHRC to the respondent authority (e.g., the Superintendent of Police of a district, the District Magistrate, or a specific jail superintendent) in a particular complaint
• Copies of any interim orders or directions passed by BHRC during the pendency of the complaint — for example, an interim direction for medical examination of a victim in custody, or a direction to preserve records
• Copies of any ex parte orders passed when a respondent authority failed to appear before BHRC

Inquiry Reports and Recommendations

• Copies of the inquiry report or investigation report prepared in a specific case, to the extent not exempt under Section 8 of the RTI Act (inquiry reports in concluded matters are generally disclosable; reports in active inquiries may be withheld to protect the inquiry process)
• Copies of final recommendations or directions issued by BHRC at the conclusion of inquiry proceedings
• Whether BHRC has recommended monetary compensation to the victim, and the quantum recommended

Action-Taken Reports (ATRs)

• Copies of the action-taken report (ATR) submitted by the respondent state government department or authority in response to BHRC's recommendations
• Whether the State Government has complied with BHRC's directions, and if not, the reasons furnished to BHRC for non-compliance
• Whether BHRC has issued any follow-up notice for non-compliance with its earlier directions

Annual Reports and Statistical Data

• BHRC Annual Reports for specific years, which include state-wise and category-wise data on complaints received, registered, disposed of, and pending
• Category-wise statistics on types of violations reported (police, jails, hospitals, district administration, etc.)
• Data on complaints disposed of with monetary compensation, cases referred to the government for disciplinary action, and cases where prosecution was recommended

Exemptions: What RTI Cannot Obtain

While BHRC is subject to the RTI Act, certain information may be withheld under Section 8:

Active inquiry proceedings: Where an inquiry is ongoing, disclosure of the inquiry report, witness statements, evidence, or internal deliberations could compromise the fairness of the process. BHRC may withhold such material under Section 8(1)(h) (impeding the process of investigation or prosecution) or Section 8(1)(e) (information in fiduciary capacity). However, the mere status of proceedings — that a complaint is registered and at a particular stage — is not exempt and must be disclosed.

Victim privacy: Information that could identify a victim of sexual assault, a minor, or a person whose safety could be endangered by disclosure may be withheld under Section 8(1)(j) (personal information with no justified public interest) or redacted under Section 10 of the RTI Act. If you are the complainant and are seeking information about your own complaint, this concern does not generally arise.

Third-party personal information: Names, addresses, or personal details of witnesses — particularly in sensitive matters such as custodial death inquiries — may be redacted under Section 11 read with Section 8(1)(j).

Cabinet papers and deliberative process notes: Internal notings, draft recommendations, and deliberations of the Commission before a final order is issued may be withheld under Section 8(1)(i), which protects cabinet papers and records of deliberative processes until a decision is taken. After the decision, the factual component must be disclosed under the proviso to that section.

When BHRC partially withholds information, it must issue a severability notice under Section 10 and provide the rest of the document after redacting only the exempt portions. A blanket refusal of the entire response citing a single exemption — without severability analysis — is improper and should be challenged in the First Appeal.

How to File Your RTI Application

Step 1: Identify the Correct CPIO

The Central Public Information Officer (CPIO) of BHRC is typically an officer designated within the Commission's secretariat in Patna. The BHRC office is located in Patna, Bihar. If you are unsure of the precise address, address your application to:

The CPIO, Bihar Human Rights Commission, Patna, Bihar

Step 2: Draft Your Application

Your application should:

• Reference Section 6 of the Right to Information Act, 2005
• Identify the specific complaint number, complainant name, date of filing, or other details that allow BHRC to identify the records you seek
• Ask for discrete, factual pieces of information — complaint status, copies of specific documents (notices, inquiry reports, ATRs), or statistical data
• Avoid combining too many unrelated queries in one application; a focused application is easier for the CPIO to process and harder for BHRC to partially or wholly evade

Step 3: Pay the Fee and File

The prescribed RTI fee is ₹10 under the RTI (Regulation of Fee and Cost) Rules, 2005. BPL cardholders are exempt from the fee and must attach a self-attested copy of their BPL ration card.

Since BHRC is a state government body, check whether Bihar's state RTI portal at rtionline.bihar.gov.in includes BHRC as a listed public authority for online filing. If BHRC is available on the portal, online filing is strongly recommended as it generates an automatic timestamped acknowledgement. If online filing is not available for BHRC, send your application and fee (by crossed Indian Postal Order made out to the Accounts Officer, BHRC) to the CPIO by registered post or speed post. Retain your postal receipt.

The sample RTI questions at the top of this guide are framed for common BHRC queries. Adapt them by inserting the specific complaint number, year, and type of information you need.

The Appeal Process

First Appeal — Section 19(1)

If BHRC's CPIO fails to respond within 30 days (or 48 hours for a life-or-liberty matter), or if the response is incomplete, evasive, or amounts to an unjustified refusal, file a First Appeal under Section 19(1) of the RTI Act with the First Appellate Authority (FAA) designated within BHRC. The FAA is typically a senior officer within the Commission's administrative structure.

The First Appeal must be filed within 30 days of the date of the CPIO's decision or the expiry of the 30-day response period, whichever is applicable. There is no fee for a First Appeal. Include with your appeal:

• A copy of your original RTI application
• Proof of delivery (postal track or online acknowledgement)
• A copy of the CPIO's response, if any was received
• A clear statement of which specific information remains unanswered, or why the response given is inadequate

The FAA must dispose of the First Appeal within 30 days (extendable to 45 days with written reasons).

Second Appeal — Section 19(3)

If the FAA's response is also unsatisfactory, or if the FAA fails to respond within the prescribed period, file a Second Appeal with the Bihar Information Commission (BIC) under Section 19(3) of the RTI Act, within 90 days of the FAA's decision or the expiry of the FAA's response period.

The BIC — Bihar's independent state information commission — has jurisdiction over all state public authorities, including BHRC. Do not file your Second Appeal with the Central Information Commission (CIC); the CIC handles only Central Government public authorities, and BHRC is a state body established under state authority.

The BIC can:

• Direct BHRC to disclose the withheld information
• Impose a daily penalty of ₹250 (up to ₹25,000) on the defaulting CPIO under Section 20 of the RTI Act, 2005, for malafide refusal, obstruction, or knowingly providing false information
• Recommend disciplinary proceedings against the CPIO responsible for the default

File your Second Appeal with the full documentation chain: original RTI application, acknowledgement, CPIO response, First Appeal, and FAA response (if any).

Practical Tips

Quote the complaint number precisely: BHRC processes a large volume of complaints. An incomplete or incorrect complaint number will result in a delayed or inaccurate response. Provide the full complaint number, the year, and your name as the complainant or petitioner.

Distinguish BHRC records from respondent department records: RTI to BHRC can tell you what BHRC has done — whether it issued a notice, what the government responded, what BHRC recommended. To know whether the government department actually implemented BHRC's recommendation, you may need a separate RTI application to the concerned department (e.g., Bihar Police, Bihar Prisons Department, Bihar Health Department) asking for the ATR they submitted to BHRC and the steps taken to comply.

Track the deadline carefully: BHRC processes many complaints and its secretariat can be slow to respond. Note the exact date your application is received (or the date of online submission), and begin counting the 30-day response window from that date. Do not wait for the BHRC to prompt you — if 30 days pass without a substantive response, file your First Appeal immediately.

Use RTI for escalation evidence: If you have a complaint pending with BHRC and you believe the inquiry has stalled or the respondent authority has not complied with BHRC's directions, RTI can generate a documented paper trail. BHRC's written responses confirming delays or non-compliance can be used in subsequent legal proceedings, media advocacy, or complaints to the NHRC.

Annual Reports for broader accountability: Journalists, researchers, and civil society organisations can use RTI to request BHRC Annual Reports and category-wise complaint statistics. This data reveals how many complaints are filed against Bihar Police versus Bihar Prisons versus Bihar Health Department, how many cases are disposed of versus pending, and whether BHRC's capacity matches the volume of human rights violations reported in the state.

Section 20 penalty is a deterrent: When filing your Second Appeal before the BIC, specifically ask the Commission to impose the Section 20 penalty on the CPIO if the delay or refusal was malafide or without reasonable cause. A penalty order against a CPIO at BHRC sends a strong institutional signal and improves RTI compliance over time.