RTI for Chhattisgarh State Human Rights Commission — Complaint Status and Inquiry Proceedings

What Is the Chhattisgarh State Human Rights Commission?

The Chhattisgarh State Human Rights Commission (CGSHRC) is a statutory body established under Section 21 of the Protection of Human Rights Act, 1993 (PHRA). It was constituted by the Government of Chhattisgarh to inquire into complaints of human rights violations committed by officers and agents of the state government, including the Chhattisgarh Police, district administration, state prisons, government hospitals, and other state public authorities.

CGSHRC functions as a quasi-judicial authority. It has the power to summon documents and records from any state government department, call for statements from officials, visit government institutions including jails and hospitals for inspection, and issue binding recommendations to the state government. While the Commission cannot itself impose criminal punishment on erring officials, its recommendations carry institutional weight: the state government is required to respond to them and must record reasons if it chooses not to implement them.

The Commission can also take suo motu cognizance of human rights violations reported in newspapers, media, or otherwise brought to its attention — without waiting for a formal complaint from the victim. This power is particularly significant in Chhattisgarh, where the scale and reach of human rights violations in conflict-affected areas have historically been difficult for individual victims to document and pursue.

Chhattisgarh's Specific Human Rights Context

Chhattisgarh occupies a unique and grave position in India's human rights landscape. The state encompasses much of the densely forested Bastar division — Bastar, Sukma, Bijapur, Dantewada, Narayanpur, Kondagaon, and Kanker districts — which has been the epicentre of one of India's longest-running armed conflicts between Maoist groups (commonly referred to as Naxalites) and security forces.

This conflict has generated a specific and serious pattern of human rights violations involving both state police and central paramilitary forces:

Custodial deaths and alleged torture: Deaths of individuals taken into custody by Chhattisgarh Police — whether in police stations, during transit, or in temporary detention — fall within CGSHRC's jurisdiction. RTI with CGSHRC can reveal whether inquiries were ordered, whether medical evidence was considered, and whether any recommendations were made regarding accountability.

Alleged fake encounter killings: Cases where individuals have been killed by Chhattisgarh Police in circumstances described officially as armed encounters but alleged by families and civil society to be extrajudicial killings. CGSHRC has jurisdiction to inquire into killings by state police. RTI can reveal whether CGSHRC registered and investigated specific encounter cases, issued notices to district police superintendents or the Director General of Police, and what findings or recommendations emerged from such inquiries.

Salwa Judum legacy cases: The Salwa Judum was a state-sponsored or state-tolerated militia active in Bastar from roughly 2005 to 2011, formally disbanded after the Supreme Court's 2011 judgment in Nandini Sundar v. State of Chhattisgarh. Cases of killings, rapes, village-burning, and displacement attributed to Salwa Judum members — many of whom were given the status of Special Police Officers (SPOs) — remain pending in human rights forums. CGSHRC has the authority to inquire into the conduct of SPOs acting under state direction.

Adivasi and Scheduled Tribe rights: Chhattisgarh has one of India's largest Scheduled Tribe populations, concentrated in Bastar and Surguja divisions. Violations of Adivasi rights — including displacement from forest land without due process under the Forest Rights Act, 2006, denial of land rights under the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), and forcible evictions — are within CGSHRC's scope when perpetrated by state agencies.

Bonded labour in brick kilns and mines: Chhattisgarh has documented incidents of bonded labour — including of Adivasi workers and migrant labourers — in brick kilns in the plains and in mining operations. Bonded labour is a human rights violation under Article 23 of the Constitution and the Bonded Labour System (Abolition) Act, 1976. CGSHRC can inquire into complaints about state inaction in identifying and freeing bonded labourers.

Prison conditions: Overcrowding, deaths in judicial custody, inadequate medical care, and alleged mistreatment in Chhattisgarh's jails — particularly in the conflict-affected districts — fall squarely within CGSHRC's inspection and inquiry powers.

CGSHRC vs. NHRC — A Critical Distinction

Many human rights incidents in Chhattisgarh involve both state police and central paramilitary forces, particularly the CRPF, which has a large presence in Bastar. The jurisdictional boundary matters enormously when filing complaints or RTI applications:

This distinction is not merely procedural — it determines whether your complaint will be heard at all. NHRC cannot compel CGSHRC to act, and CGSHRC has no jurisdiction over CRPF conduct. If a complaint involves a joint operation where both state and central forces participated, file separate complaints with both bodies and use RTI with each to track the respective proceedings.

When filing RTI, always identify which force was involved in the alleged violation before deciding whether to address your application to CGSHRC or NHRC.

What Information You Can Request Through RTI

CGSHRC is a public authority under Section 2(h) of the RTI Act and is fully bound by its obligations. You can request a wide range of information:

Complaint Status and Proceedings

• Current status of a specific complaint by complaint number, complainant name, and date of filing.
• Whether the complaint has been registered or rejected, and the reason for rejection if applicable.
• Whether notices have been issued to the concerned police superintendent, district collector, department head, or officials named in the complaint.
• Copies of the response or counter-statement submitted by the government or officials in reply to CGSHRC's notice.
• Whether the complaint is pending hearing, under active inquiry, or has been decided.
• Date and time of next scheduled hearing, if available.

Orders, Recommendations, and Directions

• Copies of any interim orders or stay directions issued by CGSHRC in a specific complaint.
• Final recommendations or directions issued to the state government, Director General of Police, Home Department, or concerned district administration.
• Whether the state government has accepted or rejected CGSHRC's recommendations, and the reasons recorded for rejection.
• Status of compliance by the concerned department with CGSHRC's recommendations.

Action Taken Against Officials

• Whether CGSHRC has recommended departmental action, suspension, prosecution, or any other action against a named police officer or official.
• Action-taken report submitted by the relevant department in response to CGSHRC's recommendation.
• Whether any compensation was recommended to the victim or victim's family and whether it has been disbursed.

Annual Reports and Statistical Data

• Copy of CGSHRC's Annual Report for a specific year, containing case statistics, significant decisions, and institutional highlights.
• Total number of complaints received, registered, disposed of, and pending during any given year.
• Category-wise breakup — police excess, custodial deaths, encounter killings, prison conditions, bonded labour, tribal rights, health, education, etc.
• District-wise data on complaints, particularly from Bastar division, if maintained separately.
• Number of suo motu cases taken up by CGSHRC in a given year and their current status.
• Details of any inspection visits conducted by CGSHRC to jails, hospitals, or other institutions.

What May Be Exempt from Disclosure

Certain categories of information may be withheld under the RTI Act:

• Section 8(1)(h): Information that would impede an ongoing inquiry or investigation. If CGSHRC is in the middle of an active inquiry where disclosure could prejudice the investigation — for example, the identity of witnesses or the content of statements yet to be cross-examined — the PIO may decline those specific documents. This exemption does not cover basic status information, the fact that a complaint is registered, or final orders and recommendations in concluded cases.
• Section 8(1)(j): Personal information of third parties — for instance, the home address or contact details of a witness or survivor — where disclosure would be an unwarranted invasion of privacy. If you are the complainant, this does not restrict your access to information about your own complaint.
• Section 8(1)(g): Identity of informants or witnesses where disclosure could endanger life or safety.

In practice, complaint status information, whether notices were issued, and copies of final orders and recommendations in concluded cases are routinely disclosed by human rights commissions. Most Section 8(1)(h) denials apply only to documents in ongoing, active inquiries — not to concluded cases or statistical data.

How to File RTI with CGSHRC

Option 1 — Online Filing

Visit https://rtionline.gov.in and search for the Chhattisgarh State Human Rights Commission in the public authority list. If listed, you can file the application and pay the ₹10 fee online using net banking, debit card, or UPI. Keep a printed or digital copy of the submission acknowledgement.

Option 2 — Postal Filing

Send a written application by post or deliver it in person to:

The Public Information Officer (CPIO),Chhattisgarh State Human Rights Commission (CGSHRC), Raipur, Chhattisgarh.

Include in your postal application:

• Your full name and complete postal address
• A numbered list of specific information you are seeking
• A court fee stamp or Indian Postal Order (IPO) of ₹10, or a demand draft drawn in favour of the CGSHRC
• A copy of your BPL card if you are a BPL cardholder and are exempt from the fee
• A self-attested copy of your complaint acknowledgement or complaint number, if you are seeking information about a specific case

Send by speed post and retain the postal receipt. Delivery confirmation provides proof of the date from which the 30-day response clock runs.

Fee and Timeline

• Application fee: ₹10 under the RTI (Regulation of Fee and Cost) Rules, 2005. BPL cardholders are fully exempt from the fee — attach a copy of your BPL card with the application.
• Response time: 30 days from the date the application is received by the CPIO, under Section 7(1) of the RTI Act.
• Life and liberty matters: Where the information sought concerns the life or liberty of a person — for instance, a case of custodial death, disappearance in police custody, or an encounter killing — the PIO is required to respond within 48 hours under the proviso to Section 7(1) of the RTI Act.
• Deemed refusal: If no response is received within the stipulated period, it is treated as a deemed refusal and you are entitled to file a first appeal immediately.

First Appeal — Section 19(1)

If the CPIO does not respond within 30 days, provides an incomplete response, or withholds information without adequate justification, file a First Appeal under Section 19(1) of the RTI Act.

The first appeal must be filed within 30 days of the date of the decision or the expiry of the 30-day response period, whichever is applicable. Address it to the First Appellate Authority (FAA) of CGSHRC — typically a senior officer above the rank of the CPIO within the Commission.

Your first appeal should:

• State the details of your original RTI application (date of filing, registration number if received)
• Specify what information was denied, not provided, or provided in an unsatisfactory manner
• Clearly state the grounds for appeal — non-response within 30 days, incomplete information, or unjustified denial citing a specific exemption

Second Appeal to the Chhattisgarh State Information Commission — Section 19(3)

If the first appeal is also unsatisfactory or goes unanswered, file a Second Appeal under Section 19(3) of the RTI Act with the Chhattisgarh State Information Commission (CGSIC).

CGSIC is the apex RTI appellate authority for all Chhattisgarh state public authorities. Do not file the second appeal with the Central Information Commission (CIC) — CGSHRC is a state body constituted under state government notification, and its second appeal lies before CGSIC, not CIC.

The second appeal should be filed within 90 days of the date of the first appellate authority's order or the expiry of the deadline for the first appeal decision.

CGSIC has the power to:

• Direct the CPIO to provide the information
• Impose a penalty on the erring CPIO under Section 20
• Award compensation to the appellant in appropriate cases

Penalty Under Section 20

If CGSIC finds that the CPIO of CGSHRC refused to receive an application without reason, delayed the response without reasonable cause, gave false or misleading information, or destroyed information that was sought, it can impose a penalty of ₹250 per day of delay on the CPIO personally, subject to a maximum of ₹25,000. CGSIC may also recommend disciplinary action against the erring PIO to the competent authority.

How CGSHRC and RTI Work Together

CGSHRC and RTI are complementary mechanisms for citizens and civil society seeking accountability in human rights matters in Chhattisgarh:

• CGSHRC is the redress mechanism — you file a complaint with CGSHRC when your rights (or those of a family member) have been violated by state officials. The Commission can inquire, summon records, call officials for personal hearing, recommend action, and direct compensation.
• RTI is the accountability tool — you use RTI to find out what CGSHRC has actually done with the complaint: whether it was registered, whether notices went out, what the government's response was, and whether any recommendations were issued and complied with.

This combination is particularly powerful in the Chhattisgarh context. Families of victims of alleged encounter killings and custodial deaths in Bastar have used RTI to obtain CGSHRC inquiry reports, police autopsy findings submitted to the Commission, and government responses to CGSHRC notices — documents that would otherwise remain buried in official files. These records have formed the basis of public interest litigation, media investigations, and international human rights reporting.

RTI can also be used before filing an MPHRC complaint — for instance, to obtain the post-mortem report, FIR, lock-up register entries, or inquest report from the concerned police station or district hospital. These documents, gathered through RTI with the police or district administration, can then serve as exhibits supporting your CGSHRC complaint.

If CGSHRC has issued a recommendation for compensation or departmental action and the relevant department has not complied, file a parallel RTI with that department asking for the action-taken report on CGSHRC's direction. The written record of non-compliance can support a contempt application or writ petition.

Practical Tips for Filing RTI with CGSHRC

1. Cite your CGSHRC complaint number wherever possible. This is the most reliable identifier and ensures the CPIO retrieves records for your exact case rather than returning generic responses.
2. Specify whether the incident involves Chhattisgarh Police or CRPF before drafting the application — if CRPF is involved, the appropriate RTI is with the NHRC or with the CRPF directly as a central public authority.
3. Ask for certified copies of orders and recommendations if you intend to use the documents in court proceedings, before the National Human Rights Commission, or in the media.
4. Separate your RTI from your substantive complaint — an RTI application is a request for existing records, not a petition for action. To compel CGSHRC to act on your complaint, write a separate letter to the Commission's registrar or, if needed, file a writ petition in the Chhattisgarh High Court.
5. Use the 48-hour proviso strategically — if the information directly relates to the life or liberty of a person currently in custody or at imminent risk, clearly state this in your application and invoke Section 7(1) proviso to request a 48-hour response.
6. File RTI with the implementing department in parallel — if CGSHRC has issued recommendations, file RTI with the Home Department or the concerned district Superintendent of Police asking for compliance status. Both RTIs together create a complete paper trail.
7. Keep all acknowledgements — postal receipts, application copies, first appeal submissions, and all responses received. These records are essential if you need to proceed to CGSIC or to court.