RTI for Madhya Pradesh Human Rights Commission – Complaint Status & Investigation

What Is the Madhya Pradesh Human Rights Commission?

The Madhya Pradesh Human Rights Commission (MPHRC), known in Hindi as the Madhya Pradesh Manav Adhikar Aayog, is a statutory body established under the Protection of Human Rights Act, 1993. It was set up by the Government of Madhya Pradesh to inquire into complaints of human rights violations committed by state government officials, public servants, and agencies under state jurisdiction.

MPHRC functions as a quasi-judicial body and has wide powers. It can summon records from any government department, call for statements from officials, visit any institution (including prisons and hospitals) for inspection, and issue recommendations to the state government. While the Commission cannot directly punish erring officials, its recommendations carry significant weight — the government is required to respond to them with reasons if it chooses not to implement them.

The Commission exercises jurisdiction over human rights violations by state agencies — police, prisons, state government hospitals, state welfare departments, and other public authorities that fall under the state government. Matters involving central government agencies (such as central paramilitary forces or central prisons) are handled by the National Human Rights Commission (NHRC).

Citizens, NGOs, and even courts can bring violations to the attention of MPHRC. Additionally, MPHRC has suo motu powers under the Protection of Human Rights Act, 1993, allowing it to take cognizance of violations reported in newspapers or otherwise brought to its notice, without waiting for a formal complaint.

The Right to Information Act, 2005 is a valuable tool for citizens who have already filed complaints with MPHRC and want to know what action has been taken — or for researchers, activists, and journalists wanting data on human rights enforcement in Madhya Pradesh.

What Information You Can Request Through RTI

MPHRC 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, including:

Complaint Status and Progress

• Current status of a specific complaint (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 government department, district administration, or officials named in the complaint.
• Copies of the response or counter-statement submitted by the government/official in reply to MPHRC's notice.
• Whether the complaint is pending hearing, under investigation, or has been decided.
• Date of the next hearing, if scheduled.

Orders, Recommendations, and Directions

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

Action-Taken Reports Against Officials

• Whether MPHRC has recommended departmental action, prosecution, or any penalty against a named official.
• Action-taken report submitted by the relevant department to MPHRC following its recommendations.
• Whether any compensation has been recommended to the victim and whether it has been paid.

Annual Reports and Statistical Data

• A copy of the MPHRC Annual Report for a specific year, which contains case statistics, significant decisions, and institutional highlights.
• Total number of complaints received, registered, disposed of, and pending in any given year.
• Category-wise breakup of complaints — police, prisons, hospitals, social welfare, land rights, etc.
• District-wise data on complaints, if maintained.
• Number of suo motu cases taken up by MPHRC in a given year.
• List of suo motu cases with brief descriptions, if compiled.

General Institutional Information

• Composition of the Commission — names of Chairperson and Members.
• Staff strength and sanctioned posts.
• Budget allocation and expenditure for a specific financial year.

What May Be Exempt from Disclosure

While MPHRC is obligated to provide most information, certain categories may be withheld under the RTI Act:

• Section 8(1)(h): Information that would impede the process of an ongoing investigation or inquiry. If MPHRC is in the middle of a live inquiry where disclosure could prejudice the investigation, the PIO may decline to provide documents related to that inquiry. However, this exemption applies to specific investigative documents — not to basic status information such as whether a complaint is registered or pending.
• Section 8(1)(j): Personal information of victims (such as names, addresses, identity details) if the victim is a third party and disclosure would be an unwarranted invasion of privacy. If you are the complainant yourself, this exemption does not apply to information about your own complaint.
• Identities of witnesses under Section 8(1)(g), if disclosure could endanger their lives.

In practice, basic complaint status information, the fact of notices being issued, and final orders and recommendations are routinely disclosed. Most denials under Section 8(1)(h) apply only to documents generated during an active, ongoing inquiry — not to completed cases.

How to File RTI with MPHRC

Option 1 — Online Filing

MPHRC, as a state government body in Madhya Pradesh, may be accessible through the central RTI portal. Visit https://rtionline.gov.in and search for MPHRC or Madhya Pradesh Human Rights Commission in the ministry/department list. If listed, you can file and pay the ₹10 fee online.

Option 2 — Postal Filing

Send a written application by post or in person to:

The Public Information Officer,Madhya Pradesh Human Rights Commission (Manav Adhikar Aayog), Bhopal, Madhya Pradesh.

Include the following in your postal application:

• Your full name and address
• A clear list of information you are seeking (numbered points work best)
• A court fee stamp or Indian Postal Order (IPO) of ₹10, or a demand draft in favour of the MPHRC
• A copy of your BPL card if you are exempt from fee

Keep a copy of your application and the postal receipt as proof of dispatch.

Fee and Timeline

• Application fee: ₹10 under the RTI (Regulation of Fee and Cost) Rules, 2005. BPL cardholders are fully exempt — attach a copy of your BPL card with your application.
• Response time: 30 days from the date of receipt of the application under Section 7(1) of the RTI Act.
• Life and liberty matters: If the information sought relates to the life or liberty of a person (such as custodial death, medical negligence, imminent threat), the PIO must respond within 48 hours under Section 7(1) proviso.
• Deemed refusal: If no response is received within the stipulated time, it is treated as a refusal and you can file a first appeal.

First Appeal — Section 19(1)

If the PIO does not respond within 30 days, gives an incomplete response, or withholds information without adequate justification, you can 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. It should be addressed to the First Appellate Authority (FAA) of MPHRC — typically a senior officer above the rank of the PIO within the Commission.

In your first appeal:

• Clearly state the details of your original RTI application (date, registration number if any)
• Specify what information was denied or not provided
• State the grounds for your appeal — no response, incomplete response, or unjustified denial

Second Appeal to the Madhya Pradesh Information Commission — Section 19(3)

If the first appeal is also unsatisfactory or goes unanswered, you can file a Second Appeal under Section 19(3) of the RTI Act with the Madhya Pradesh Information Commission (MPIC).

The second appeal is to be filed within 90 days of the date of the first appellate authority's decision or the expiry of the deadline for the first appeal decision, whichever is applicable.

MPIC has the power to:

• Compel the PIO to provide the information
• Impose penalties on the PIO under Section 20
• Award compensation to the appellant in appropriate cases

Penalty Under Section 20

If the State Information Commission (MPIC) finds that the PIO has refused to receive an application, delayed response without reasonable cause, given false or misleading information, or destroyed information, it can impose a penalty of ₹250 per day of delay, subject to a maximum of ₹25,000 on the erring PIO personally.

How MPHRC and RTI Work Together

MPHRC and RTI are complementary tools for citizens seeking accountability in human rights matters:

• MPHRC is the redress mechanism — you file a complaint with MPHRC when your rights have been violated by state officials, and it can inquire, recommend action, and award compensation.
• RTI is the accountability tool — you use RTI to find out what MPHRC has done with your complaint, whether recommendations were issued, and whether those recommendations were followed by the government.

Together, the two tools create a complete loop: MPHRC to get action, RTI to verify that the action was actually taken. If MPHRC recommended compensation but the department has not paid it, an RTI to the concerned department asking for the action-taken report against MPHRC's recommendation can create a paper trail for further pressure or litigation.

RTI can also be used before filing an MPHRC complaint — to gather records from the government department involved in the violation. For example, if you are complaining about a custodial death, an RTI to the relevant police station or district administration for the FIR, post-mortem report, and lock-up register can provide documentary evidence to support your MPHRC complaint.

Practical Tips for Filing RTI with MPHRC

1. Always cite your complaint number if you have one. This is the most specific identifier and ensures the PIO retrieves records for your exact case.
2. Be specific about dates and categories of information. Ask for records from a defined time period and for a defined complaint — do not ask vague questions like "all orders passed."
3. Ask for certified copies of orders and recommendations if you plan to use the documents in court or legal proceedings.
4. Do not ask for future action commitments — RTI can only retrieve existing records, not compel the Commission to take specific action in the future. For compelling action, the remedy is a writ petition.
5. Separate your RTI from your substantive complaint — an RTI application is a request for information, not a grievance or petition. If you want MPHRC to take action on your complaint, write to the Commission separately.
6. File RTI with the implementing department too — if MPHRC has made a recommendation for compensation or departmental action, file a parallel RTI with the concerned department asking for the action-taken report on MPHRC's direction.
7. Keep all acknowledgements and correspondence — postal receipts, application copies, and any responses received, to support your first and second appeal if needed.