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

The Haryana State Human Rights Commission (HSHRC) stands at the intersection of law enforcement accountability and citizen rights in one of India's most complex states. Haryana's human rights landscape encompasses a wide spectrum of issues — from custodial deaths and police brutality in its districts to bonded labour in brick kilns, honour killings linked to khap panchayat diktats, farmer suicides in the agrarian belt, atrocities against Dalits, and the safety of women and migrant workers in the sprawling industrial corridor of Gurgaon, Manesar, and Faridabad. The Commission, established under Section 21 of the Protection of Human Rights Act, 1993, is the state's primary body for receiving and adjudicating complaints about these violations. Yet for thousands of complainants, the HSHRC process often feels like a black box — complaints are filed, weeks and months pass, and there is no reliable way to know whether the Commission has registered the complaint, issued notices, received departmental responses, or taken any action at all.

The Right to Information Act, 2005 is the remedy for this opacity. HSHRC is a public authority under Section 2(h) of the RTI Act, legally obligated to disclose information about its own functioning and about individual complaint proceedings to any citizen who asks. An RTI application to HSHRC costs just ₹10, takes a few minutes to draft, and can produce detailed documentary records about your complaint's status, inquiry proceedings, compensation recommendations, and departmental compliance — records that are otherwise inaccessible through informal channels.

HSHRC — Establishment and Legal Framework

The Haryana State Human Rights Commission was constituted under Section 21 of the Protection of Human Rights Act, 1993 (PHRA 1993). The Commission is typically headed by a Chairperson who is a retired Chief Justice of a High Court, and may have one or more Members who are retired judges of a High Court. The Chairperson and Members are appointed by the Governor of Haryana on the recommendation of a committee chaired by the Chief Minister.

The Commission's office is located at Panchkula — a planned city in Haryana that lies adjacent to Chandigarh. It is important to note that Panchkula, though geographically contiguous with Chandigarh, is a Haryana city and falls under Haryana's administrative jurisdiction. RTI applications and any correspondence with HSHRC must be addressed to its Panchkula office, not to Chandigarh.

Powers of HSHRC under PHRA 1993: The Commission is vested with the powers of a civil court and can:

• Inquire into complaints of human rights violations on its own motion (suo motu) or on petition
• Call for information or reports from the Haryana state government or any state authority
• Summon and examine witnesses under oath
• Require production of any document or public record from any court or office in the state
• Issue recommendations to the Haryana government for payment of compensation to victims
• Recommend prosecution of the responsible official to the appropriate authority
• Approach the Supreme Court or High Court for remedial orders in appropriate cases
• Visit and inspect any institution under the state government's control, including prisons and lock-ups

Limitation on jurisdiction: HSHRC cannot inquire into a matter that is more than one year old from the date the alleged violation occurred, unless it is satisfied that sufficient cause exists. It also cannot inquire into a matter that is already pending before the NHRC or another SHRC.

Haryana's Human Rights Context — Why HSHRC Matters

Understanding why RTI to HSHRC is particularly important requires understanding the specific human rights challenges that define Haryana.

Custodial deaths and police brutality: Haryana has recorded a significant number of custodial deaths and encounters over the years. Deaths in police lock-ups and cases of alleged torture during interrogation have been among the most common categories of HSHRC complaints. When a person dies in custody or is grievously injured while in police custody, HSHRC can direct a high-level inquiry and recommend compensation to the family. RTI is critical here because families often have no way to track whether HSHRC has ordered an inquiry, whether the Superintendent of Police has submitted a report, or whether any recommendation has been made.

Honour killings and khap panchayat orders: Haryana has been among the states most associated with honour killings — murders committed by family members or community groups against individuals who marry outside their caste or community. Khap panchayat orders directing violence or social boycotts against couples have been repeatedly condemned by courts. HSHRC has intervened in such cases. RTI can be used to track whether HSHRC has taken up such matters suo motu and what directions, if any, have been issued to district police and administration.

Bonded labour in brick kilns: The brick kiln belt of Haryana — spread across districts such as Jhajjar, Rohtak, Sonipat, and Karnal — has historically employed migrant labourers from Uttar Pradesh, Bihar, Odisha, and Jharkhand under exploitative conditions that sometimes amount to bonded labour under the Bonded Labour System (Abolition) Act, 1976. HSHRC has jurisdiction over complaints of bonded labour where the violation involves state authorities' failure to enforce the law. RTI can reveal whether HSHRC has received, registered, or inquired into such complaints.

Farmer suicides: Haryana's agrarian districts, particularly in the central and southern belt including Hisar, Sirsa, Fatehabad, and Bhiwani, have seen farmer suicides linked to crop failure, debt, and inadequate state support. While farmer suicides are not always a direct human rights violation subject to HSHRC jurisdiction, cases where state officials' negligence or harassment contributed to a death can be brought before the Commission. RTI can expose what action HSHRC took in matters where family members filed complaints.

Women's safety in NCR districts: Districts such as Gurugram (Gurgaon), Faridabad, Sonipat, and Jhajjar — forming part of the National Capital Region adjacent to Delhi — have seen high-profile cases of sexual violence and inadequate police response. HSHRC has jurisdiction over the conduct of Haryana Police in these districts. RTI applications can track whether HSHRC registered complaints about police inaction in rape cases, how many notices were issued to the Haryana Police, and what remedies were directed.

Workers in the industrial belt: The Gurgaon–Manesar–Faridabad industrial corridor is home to hundreds of thousands of migrant and contract workers employed in automobile manufacturing, garments, and ancillary industries. Worker deaths in factory accidents, alleged police excess during labour disputes, and denial of labour rights by state actors are issues that HSHRC has the competence to address. RTI can reveal whether the Commission has tracked and acted on such complaints systematically.

Dalit atrocities: Cases of atrocities against Scheduled Castes under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 often involve Haryana Police inaction in registering FIRs, conducting investigations, and arresting perpetrators. Where police failure amounts to a violation of the constitutional and human rights of the victim, HSHRC has jurisdiction. RTI can reveal whether HSHRC has monitored police compliance with its directions in such cases across districts.

HSHRC Jurisdiction — Haryana Police and State Officials

A critical point of clarity: HSHRC has jurisdiction over Haryana Police and all Haryana state government officials. This includes:

• Haryana Police (district police, Crime Branch, Haryana Armed Police)
• Haryana Prisons Department (superintendents and staff in state jails and sub-jails)
• State-run hospitals and government medical officers
• Revenue and district administration officers
• Haryana government departments (education, welfare, social justice, etc.)

HSHRC does NOT have jurisdiction over:

• Central Armed Police Forces (BSF, CRPF, CISF, etc.) deployed in Haryana — those are NHRC matters
• Central Government officers (IAS officers on central deputation, Central Bureau of Investigation, etc.)
• Private individuals acting without state backing (private disputes not involving state authority go elsewhere)

This distinction matters for RTI purposes. An RTI to HSHRC about a complaint against the CRPF is misdirected. An RTI about a complaint against Haryana Police or a Haryana government official is correctly filed with HSHRC.

What You Can Request Through RTI

Complaint Registration and Status

The most common reason citizens file RTI with HSHRC is to find out what happened to their complaint. You can ask:

• Whether your complaint was registered as a case and assigned a complaint number — or whether it was rejected at the intake stage and for what stated reason
• The current stage of proceedings — notice stage, pending departmental reply, inquiry stage, hearing scheduled, reserved for orders, or disposed of with a final order
• The dates of hearings already held and the scheduled date of the next hearing
• Whether the complaint was transferred to NHRC or any other authority

Notices Issued and Departmental Responses

When HSHRC takes up a complaint, it typically issues notice to the concerned authority — usually the Superintendent of Police, District Collector, or the head of the concerned department — requiring a report or explanation. RTI can produce:

• Whether a notice was issued to the concerned authority, the date of the notice, and to whom it was addressed
• Whether the concerned authority submitted a reply/report to HSHRC — and if so, a copy of that report
• Whether HSHRC found the departmental reply unsatisfactory and ordered a fresh or higher-level inquiry
• Whether HSHRC summoned any official to appear before it personally

Interim Orders and Final Recommendations

These are the most substantive documents HSHRC produces. RTI can yield:

• Copies of interim orders — for example, directions to Haryana Police to preserve a scene, produce a detainee before a medical board, or submit a post-mortem report to the Commission
• Copies of the final order or recommendation — including any direction to the state government to pay ex gratia compensation to a victim's family, initiate departmental proceedings against a named officer, or register an FIR
• The reasoning of the Commission for its conclusions — whether a human rights violation was found to have occurred

Departmental Compliance Records

HSHRC recommendations are not self-executing — the state government must act on them and report back to the Commission. RTI can track:

• Whether the Haryana government accepted HSHRC's recommendation and what action it took
• Whether compensation directed by HSHRC was paid to the victim or family — date of payment, amount, and mode
• Whether a disciplinary inquiry or criminal prosecution was initiated against the named official following HSHRC's recommendation
• Whether the concerned department filed a compliance report with HSHRC, and a copy of that report
• The number of HSHRC cases in which directions remain unimplemented and the status of those matters

Tracking compliance is one of the most powerful uses of RTI in the human rights context. Departments sometimes quietly ignore HSHRC recommendations. An RTI that reveals a missing compliance report creates a documented basis for a contempt or non-compliance complaint before HSHRC itself.

Aggregate Statistics and Annual Reports

RTI can also produce macro-level data about HSHRC's functioning:

• Total number of complaints received, registered, disposed of, and pending in a given year
• Category-wise breakdown — custodial deaths, police atrocities, bonded labour, Dalit atrocities, women's safety, child rights, prison conditions, hospital negligence, and others
• District-wise data — which districts generate the most complaints before HSHRC
• Number of cases in which compensation was recommended and total amounts involved
• A copy of the HSHRC Annual Report for any specified year

Annual reports are submitted to the Haryana Governor under Section 26 of PHRA 1993 and are then laid before the state legislature. They are public documents and cannot be withheld from RTI disclosure.

What May Be Exempt from Disclosure

RTI applications to HSHRC are subject to the exemptions in Section 8 of the RTI Act. The most commonly applicable exemptions in the HSHRC context are:

Active inquiry proceedings under Section 8(1)(h): Information that could impede an ongoing inquiry — for example, the identity of a confidential witness, or details that could allow the respondent authority to influence evidence — may be withheld until the inquiry concludes. Once the final order is passed, this exemption ceases to apply.

Personal information under Section 8(1)(j): Details that would identify a victim who has requested anonymity, or sensitive medical or personal information about a complainant, may be protected from public disclosure. However, the victim herself has the right to access her own complaint file in its entirety.

Third-party consultation under Section 11: Where the information sought pertains to a named official and contains that official's service-related details, the CPIO may initiate a third-party consultation procedure, which can extend the response timeline by up to 10 additional days. This is a process, not a refusal, and the information should ultimately be disclosed.

What cannot be withheld: The fact of registration or rejection of a complaint, the stage of proceedings, the date of any hearing, the existence of any HSHRC direction or recommendation, the nature of any compensation directed, whether a compliance report was filed, and the annual report of the Commission are all disclosable. HSHRC's institutional accountability is a feature of the RTI framework, not an exception to it.

How to File an RTI with HSHRC

Online Filing

HSHRC may be accessible through the central RTI portal at rtionline.gov.in. Visit the portal, select "Haryana" as the state, and search for "Haryana State Human Rights Commission" among the listed public authorities. If the Commission is listed, you can complete the entire application online, pay the ₹10 fee electronically, and receive an acknowledgement number for tracking.

If HSHRC is not listed on the central portal, check whether it is accessible through the Haryana government's own RTI infrastructure. As an alternative, file by post.

By Post

Draft your application on plain paper. Address it clearly to the Central Public Information Officer, Haryana State Human Rights Commission, Panchkula, Haryana. State that the application is filed under Section 6 of the Right to Information Act, 2005. List your specific information requests clearly and numerically. Attach a ₹10 Indian Postal Order (IPO) drawn in favour of the CPIO, HSHRC. Send by registered post with acknowledgement due (RPAD) so you have proof of delivery. Note the date of receipt — the 30-day response period begins from the date the CPIO receives the application.

In Person

You may deliver the application personally at the HSHRC office in Panchkula. Carry two copies — one to submit and one to have date-stamped and signed by the receiving officer as your acknowledgement of submission.

Fee and Timeline

Application fee: ₹10 under the RTI (Regulation of Fee and Cost) Rules, 2005. Persons below the poverty line (BPL cardholders) are exempt from the fee under Section 7(5) of the RTI Act — attach a copy of your BPL ration card and explicitly state the exemption in your application.

Response timeline: The CPIO must respond within 30 days of receiving your application (Section 7(1), RTI Act, 2005). Where the information requested concerns the life or liberty of a person — such as the status of a complaint about a custodial death, ongoing illegal detention, or a serious assault by police — the CPIO must respond within 48 hours (Section 7(1) proviso, RTI Act). If the CPIO needs to consult a third party under Section 11, the response period extends to 40 days.

First Appeal — Section 19(1)

If the HSHRC CPIO does not respond within 30 days, provides an incomplete or evasive answer, or wrongly denies information without adequate justification, you may file a First Appeal under Section 19(1) of the RTI Act.

The First Appeal is addressed to the First Appellate Authority (FAA) — a senior officer designated within HSHRC above the level of the CPIO. Address your appeal to the "First Appellate Authority, Haryana State Human Rights Commission, Panchkula."

Key points:

• 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
• No fee is payable for filing a First Appeal
• The FAA must pass an order within 30 days, extendable to 45 days for reasons recorded in writing
• In your appeal, include: the date of your original RTI application, its registration/reference number, the specific information sought, the CPIO's response (if any) and its date, and why you consider the response inadequate
• Attach copies of the original application, proof of submission, and any response received from the CPIO

Second Appeal to HSIC — Section 19(3)

If the First Appeal is not decided in time or the First Appellate Authority's decision is unsatisfactory, file a Second Appeal under Section 19(3) of the RTI Act with the Haryana State Information Commission (HSIC).

HSIC is the state-level information commission constituted under Section 15 of the RTI Act, 2005. It has jurisdiction over all Haryana state public authorities — including HSHRC. HSIC is empowered to call the CPIO and the FAA before it, examine all relevant records, and pass binding orders.

Critical point: The Central Information Commission (CIC) in New Delhi has absolutely no jurisdiction over HSHRC. HSHRC is a Haryana state public authority under the Haryana government's domain. Any second appeal against an HSHRC RTI response must go to HSIC, not CIC. Filing at CIC would result in the appeal being dismissed for lack of jurisdiction, causing delay and loss of the 90-day window.

• The Second Appeal must be filed within 90 days of the FAA's decision or the date by which the decision should have been made
• No fee is payable for the Second Appeal
• HSIC can direct HSHRC to disclose information that was wrongfully withheld
• HSIC can also impose a penalty on the CPIO under Section 20

Penalty — Section 20

The Haryana State Information Commission has the power under Section 20 of the RTI Act to impose a monetary penalty on the CPIO personally where it is satisfied that the CPIO:

• Refused to accept or receive an RTI application
• Did not furnish information within the prescribed 30-day (or 48-hour) period without reasonable cause
• Knowingly gave incorrect, incomplete, or misleading information
• Destroyed information that was the subject of a pending RTI request
• Obstructed the supply of information in any manner

The penalty is ₹250 per day of default, up to a maximum of ₹25,000. HSIC can also recommend disciplinary action against the defaulting CPIO under the applicable Haryana government service rules. In particularly egregious cases — such as deliberate suppression of records about custodial deaths or ongoing bonded labour — the penalty provision is an important lever to compel institutional compliance.

Practical Tips for an Effective RTI to HSHRC

Cite your complaint number in every request: If you have filed a complaint with HSHRC, its assigned complaint or case number is the key that unlocks the relevant file. Include it prominently in your RTI application. Without this reference, the CPIO may produce generalised information that does not address your specific matter.

Request specific documents, not general status: "What is the status of my complaint?" will produce a one-line, often uninformative reply. "Please provide a copy of the notice issued to the Superintendent of Police, District, in Complaint No. X, and any reply or report submitted by the SP in response" is a targeted document-level request that is far harder to deflect.

Invoke the 48-hour provision explicitly: If your complaint involves a person currently in custody, an ongoing illegal detention, a recent custodial death, or any matter directly involving life or liberty, state this clearly in your RTI application and invoke the 48-hour response timeline under Section 7(1) proviso of the RTI Act. The CPIO has no discretion to delay such information.

Cross-verify with the concerned department: A powerful technique is to file a simultaneous RTI with Haryana Police or the concerned district administration asking about any inquiry report submitted to HSHRC at the Commission's direction, and any compliance report filed with HSHRC. Comparing the department's version with HSHRC's own records can reveal whether directions are being followed or quietly ignored.

RTI does not advance or pause your complaint: The RTI mechanism is an information-disclosure tool, not a complaint escalation mechanism. Filing RTI with HSHRC does not cause the Commission to process your underlying complaint faster, nor does it freeze the proceedings. It simply generates a documented paper trail — which is valuable in itself.

Non-response is itself actionable: If HSHRC's CPIO does not respond within 30 days, that silence is a deemed refusal under Section 7(2) of the RTI Act. Note the exact date you filed (or the date the post was received, if by registered post) and the exact date the 30-day period expires. File your First Appeal on the very day after the deadline. Non-response by a human rights institution is particularly indefensible before HSIC and makes a strong case for the Section 20 penalty.

Annual reports are not confidential: HSHRC's annual reports are submitted to the Haryana Governor and then laid before the state legislature. They are public documents. Any refusal to supply an annual report via RTI is baseless and should be challenged immediately at the First Appeal stage.

Distinguish HSHRC from courts: HSHRC proceedings are quasi-judicial but the Commission is not a court. Its recommendations to the state government are not automatically enforceable as court orders — the government can, in theory, decline to implement them. However, the government's response to HSHRC recommendations is itself RTI-disclosable, and patterns of non-compliance can form the basis of public interest litigation or media scrutiny.