How to File RTI with NHRC for Human Rights Complaint Status and Action Taken

The National Human Rights Commission (NHRC) is a statutory body established under the Protection of Human Rights Act, 1993. It is mandated to inquire into complaints of violations of human rights — the right to life, liberty, equality, and dignity guaranteed by the Constitution or embodied in international covenants. NHRC is a public authority under Section 2(h) of the RTI Act, 2005.

For people who have filed a complaint with NHRC, are researching patterns of violations by Central Government agencies, or are monitoring custodial death compliance, RTI is a direct and legally grounded tool to obtain what NHRC knows — and what it has done.

NHRC vs SHRCs — Which Body Handles Which Violation

The single most important threshold question before filing RTI to NHRC is whether the alleged violation involves a Central Government agency or a state government agency. Getting this wrong means filing with the wrong body and waiting months for an answer that will not help you.

Key note on Delhi Police: Delhi Police is administered by the Ministry of Home Affairs (Central Government) — it is not a Delhi State agency. Complaints against Delhi Police go to NHRC, and RTI about such complaints is filed at rtionline.gov.in with second appeal to CIC.

Key note on armed forces: Section 19 of the Protection of Human Rights Act, 1993 restricts NHRC's jurisdiction over the armed forces. NHRC may seek a report from the Central Government but cannot independently inquire into most armed forces complaints. RTI to NHRC for armed forces matters is therefore of limited utility.

What NHRC Can and Cannot Do Through RTI

NHRC CAN provide through RTI:

• The registration status of a specific complaint — whether admitted, under inquiry, awaiting a response from the agency, or disposed of
• NHRC's call for report: whether NHRC directed the concerned agency to submit a report, and whether the report has been received
• Interim and final recommendations issued in specific cases — the text of the recommendation, the compensation amount directed, and the authority directed to pay
• Compliance data: whether the agency or government has complied with NHRC's recommendation, and NHRC's record of follow-up
• Aggregate complaint statistics — number of complaints received from a state or against an agency, disposal rate, cases pending
• Custodial death reporting data: number of custodial deaths reported to NHRC from a given state or district in a given period, and whether reports were submitted within the prescribed 24-hour period
• NHRC's own guidelines and standing orders — the prescribed procedure for mandatory reporting of custodial deaths, guidelines on compensation for specific violation types, and circulars issued to state governments
• Annual report data at a disaggregated level — state-wise or agency-wise breakdowns not available in the published report

NHRC CANNOT disclose (commonly withheld or unavailable):

• Third-party personal information in a complaint that would harm the privacy of individuals not party to the RTI — withheld under Section 8(1)(j) of the RTI Act
• Ongoing inquiry details where disclosure could prejudice the inquiry — withheld under Section 8(1)(h)
• Contents of a report submitted by an agency in a fiduciary or quasi-judicial context — may be withheld under Section 8(1)(e)
• Direct legal aid or prosecution: NHRC does not provide legal aid, cannot prosecute officials, and cannot enforce its recommendations like a court decree — it recommends. RTI confirms what NHRC recommended, not a guarantee of enforcement.
• Complaints against purely private parties: NHRC's jurisdiction is over state actors (government agencies). RTI to NHRC for violations by private employers, private hospitals, or private individuals will not yield useful results.

Custodial Death — NHRC's Specific Monitoring Role

NHRC has for decades issued guidelines requiring all deaths in police or judicial custody to be reported to NHRC within 24 hours. This applies to:

• Deaths in police lock-ups or during police custody
• Deaths in Central Government jails or prisons
• Deaths during interrogation or alleged encounter

What NHRC does on receiving a custodial death report:

1. Calls for a magisterial inquiry report and post-mortem report from the concerned state or agency
2. Reviews the reports for evidence of foul play, negligence, or violation of rights
3. If a violation is found: issues a recommendation for compensation (typically to the next of kin) and recommends departmental or criminal action against erring officials
4. Monitors compliance with the recommendation

What RTI can establish in custodial death cases:

• Whether the death was reported to NHRC within 24 hours as required — and if not, whether NHRC has taken note of the delay
• Whether NHRC called for inquiry and post-mortem reports, and whether these were received
• The contents of NHRC's recommendation (if any) — compensation amount and action directed
• Whether compliance was reported by the state/agency and NHRC's assessment of compliance
• Aggregate data: the number of custodial deaths from a specific state or district reported to NHRC in a given year — useful for advocacy, journalism, and public interest litigation

RTI to NHRC for custodial death matters is particularly powerful because the 48-hour response rule under Section 7(1) of the RTI Act applies where the matter directly involves life or liberty — family members of a person in custody can invoke this provision.

Where to File

NHRC is headquartered in New Delhi. File your RTI on rtionline.gov.in:

1. Go to rtionline.gov.in and select Submit Request
2. Search for and select National Human Rights Commission (NHRC) as the public authority
3. Fill in your personal details and draft your request (or paste the sample draft above, adapted to your facts)
4. Include your NHRC complaint registration number (if you have one) and the name of the agency against whom the complaint was filed
5. Pay the ₹10 fee online. BPL cardholders are exempt — attach a copy of the BPL card and select the fee-exemption option
6. Submit and note your RTI registration number for tracking and appeals

If you need a 48-hour response (life or liberty urgency), note this explicitly in your application: state that the matter relates to a person in custody or whose life and liberty are at immediate risk, and cite Section 7(1) proviso of the RTI Act, 2005.

For SHRC complaints (state police, state jails, state hospitals): file RTI through your state's RTI portal with the concerned State Human Rights Commission. Second appeal for all SHRC RTIs goes to the State Information Commission, not CIC.

What Specific Information Can You Ask For

Complaint status:

1. Registration status of NHRC complaint no. XXX filed on Date — whether admitted, under inquiry, awaiting agency report, or disposed of
2. Current stage of proceedings and last action taken by NHRC on this complaint
3. Whether NHRC has called for a report from Agency Name — if yes, whether the report was received and on what date
4. If disposed or closed — the basis and date of closure, and whether any recommendation was made

Recommendations and compliance: 5. Whether NHRC has issued any interim or final recommendation in this complaint — the text, the compensation amount (if any), and the authority directed to pay 6. Whether Agency / State Government has complied with the recommendation, and NHRC's record of compliance follow-up 7. Whether NHRC has invoked Section 18(3) of the Protection of Human Rights Act, 1993 (approach to Supreme Court) in relation to non-compliance in this matter

Agency-level action: 8. Number and nature of actions taken by NHRC against Agency Name in the last three years for violations of the type alleged — show-cause notices, recommendations, or proceedings 9. Total complaints received against Agency Name in the last two financial years, number disposed of, and number pending

Custodial death: 10. Whether the custodial death of Name on Date in Custody Type was reported to NHRC within the prescribed 24 hours — and the details of any report received 11. Total custodial deaths reported to NHRC from State in the financial year YYYY-YY — number reported within 24 hours vs. delayed or not reported 12. A copy of NHRC's guidelines on mandatory reporting of custodial deaths — prescribed timeline, format, and consequences of non-compliance

Annual report / aggregate data: 13. Number of complaints received by NHRC from State in the financial year YYYY-YY, disaggregated by type of violation and disposal status 14. NHRC's aggregate data on compensation recommended and paid in custodial death cases in State in the last three years

Appeals

First Appeal (Section 19(1)): If NHRC does not respond within 30 days, or the response is incomplete or unsatisfactory, file a First Appeal with the First Appellate Authority (FAA) at NHRC within 30 days of the date of decision or expiry of the 30-day response period, whichever is applicable.

Second Appeal (Section 19(3)): If the First Appeal is not resolved or is unsatisfactory, file a Second Appeal with the Central Information Commission (CIC) within 90 days. NHRC is a Central Government statutory body established under the Protection of Human Rights Act, 1993 — the second appeal is always CIC, not any State Information Commission.

High Court writ petition: If you have an RTI response confirming that NHRC issued a recommendation that has not been complied with, or that NHRC failed to act on a registered complaint, you may approach the High Court under Article 226 of the Constitution. The RTI response is documentary evidence of NHRC's action or inaction and is admissible in court proceedings.