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

The Odisha State Human Rights Commission (OSHRC) is one of the central accountability institutions for human rights protection in a state that faces some of the most complex rights challenges in India. Odisha has a large Scheduled Tribe population concentrated in mineral-rich districts; it has witnessed displacement from large-scale mining and industrial projects; it encompasses Naxal-affected districts where custodial violence is a recurring concern; and its coastal and rural poor face systemic vulnerabilities including bonded labour, child labour in brick kilns, and trafficking networks. For citizens who have filed complaints with OSHRC about any of these matters, the reality is often a long wait with little transparency — no acknowledgement, no update on whether proceedings have begun, and no clarity on what, if anything, the Commission has recommended.

The Right to Information Act, 2005 provides a legal remedy. OSHRC is a public authority under Section 2(h) of the RTI Act, obligated to disclose information about its functioning, the status of individual complaints, recommendations made to the state government, compliance records, and annual reports. This guide explains what information you can seek, how to file, and how to escalate if OSHRC does not respond.

What is OSHRC and What Does It Do

The Odisha State Human Rights Commission is constituted under Section 21 of the Protection of Human Rights Act, 1993 (PHRA). The PHRA was enacted by Parliament in 1993 and mandates every state to have its own SHRC to adjudicate human rights complaints against state-level authorities. OSHRC is headquartered in Bhubaneswar and is headed by a retired Chief Justice of a High Court as Chairperson, with retired High Court judges as Members. The Commission operates independently of the state executive in its adjudicatory capacity.

Jurisdiction: OSHRC has jurisdiction over acts or omissions of Odisha state government officers and state-funded bodies that amount to a violation — or abetment of violation — of human rights as defined under the PHRA. This includes rights guaranteed by the Indian Constitution and rights set out in international human rights instruments scheduled to the Act: the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the UN Convention Against Torture, and others.

Powers: OSHRC can inquire into complaints suo motu or on petition, call for reports and documents from state authorities, summon witnesses, request post-mortem or medical examination reports, recommend payment of compensation to victims, recommend prosecution of responsible officials, and approach the High Court or Supreme Court in appropriate cases.

What OSHRC cannot do: OSHRC has no jurisdiction over Central Government bodies. Complaints against the CRPF, BSF, or other Central Armed Police Forces operating in Odisha — common in Naxal-affected districts — must go to the National Human Rights Commission (NHRC), not OSHRC. Similarly, complaints against the Indian Army or Railways fall outside OSHRC's mandate.

Odisha's Specific Human Rights Context

Odisha presents a range of systemic human rights concerns that make OSHRC — and RTI to OSHRC — especially significant.

Tribal displacement and mining: Odisha has the third largest Scheduled Tribe population in India, concentrated in the southern and western districts. The state is also host to some of India's largest iron ore, bauxite, and coal reserves. Large-scale industrial projects — including controversies around mining in Niyamgiri Hills (Lanjigarh area), the Posco-type steel corridor proposals, and coal blocks in Angul, Jharsuguda, and Sundargarh — have resulted in displacement of tribal and forest-dwelling communities. OSHRC receives complaints relating to forcible eviction, denial of prior informed consent under the Forest Rights Act, and rights violations against Adivasi communities during land acquisition.

Naxal-affected districts: Districts including Malkangiri, Koraput, Rayagada, Kandhamal, and Nabarangpur have been designated as Left Wing Extremism (LWE)-affected areas. In this context, complaints of custodial violence, enforced disappearances, false encounters, and arbitrary detention under the Unlawful Activities Prevention Act are regularly filed with OSHRC. These cases are particularly time-sensitive and often meet the threshold for the 48-hour response provision under Section 7(1) proviso of the RTI Act.

Custodial deaths: Odisha has seen a recurring pattern of deaths in police custody and judicial custody. OSHRC is mandated under the PHRA to take suo motu cognisance of custodial deaths upon receipt of a report from the District Magistrate (in whose jurisdiction the death occurred). RTI can reveal whether OSHRC registered the death, what inquiry it ordered, and what recommendation it made to the state government.

Bonded labour: Despite the Bonded Labour System (Abolition) Act, 1976, bonded and debt-bonded labour persists in parts of Odisha — particularly in brick kilns, quarries, and agricultural settings in Bolangir, Nuapada, and Kalahandi districts. OSHRC and the district administration both have roles in addressing complaints; RTI to OSHRC can reveal whether and how it acted on specific bonded labour complaints.

Child labour in brick kilns: The brick kiln industry in Odisha employs children, particularly from ST and SC families in impoverished districts. Human rights complaints often overlap with child rights complaints; OSHRC has jurisdiction over the state government's failure to enforce prohibitions.

Trafficking and women's rights: Odisha is a source state for human trafficking networks, particularly affecting tribal women and girls from southern districts. OSHRC receives complaints about trafficking, shelter home conditions, police inaction on trafficking cases, and rights violations against rescued victims in state homes.

Coastal fisherfolk rights: Odisha has over 480 kilometres of coastline. Fisherfolk communities face displacement from eco-sensitive zone notifications, illegal sand mining, and ports and industrial projects affecting their traditional fishing grounds and village commons. OSHRC has jurisdiction over complaints of state-sanctioned or state-facilitated denial of these communities' livelihood rights.

SC atrocities in rural districts: Violence against Scheduled Caste communities — including caste-based discrimination, denial of temple entry, and physical atrocities — is reported across rural Odisha. OSHRC has jurisdiction over state failure to protect SC rights and enforce the SC/ST (Prevention of Atrocities) Act.

What You Can Request Through RTI

Complaint Status and Proceedings

If you have filed a complaint with OSHRC, RTI gives you a right to know:

• Whether your complaint has been registered as a case and assigned a complaint number, or whether it was rejected at the intake stage and on what ground
• The current stage of proceedings — whether the complaint is pending notice, pending the state's response, listed for hearing, or disposed of
• Whether OSHRC issued a notice to the concerned state department or official, the date of the notice, and any response received
• The dates of hearings already held and the date of the next scheduled hearing
• Copies of any interim orders passed by the Commission
• A copy of the final order or recommendation — including any direction for compensation, prosecution, or other relief

Inquiry Reports and Investigation Findings

When OSHRC directs a district authority, the Director General of Police, or any state body to hold an inquiry and submit a report, that report is a record held by the Commission. Through RTI you can seek:

• Copies of inquiry reports submitted by the SP (Superintendent of Police) or District Collector at OSHRC's direction
• Copies of post-mortem reports, medical examination reports, or forensic documents called for by the Commission in custodial death or encounter cases
• The Commission's findings on whether a human rights violation occurred, by whom, and what relief was granted

Information that could impede an active inquiry or identify a victim who wishes anonymity may be legitimately withheld, but once an inquiry is concluded and an order passed, disclosure becomes mandatory.

Recommendations Against Odisha Police and State Officials

OSHRC has made significant recommendations against Odisha Police in matters of custodial violence, illegal detention, and encounter deaths. RTI to OSHRC can reveal:

• Whether OSHRC made a recommendation to the state government against a named police officer or district-level official
• The nature of the recommendation — whether it asked for compensation, departmental action, or criminal prosecution
• Whether the state government accepted the recommendation and the action reportedly taken
• The number of recommendations against Odisha Police that have remained unimplemented and for how long

Compliance Records

One of the most important uses of RTI at OSHRC is tracking whether the state government and its departments actually comply with OSHRC's directions. You can ask:

• Whether the concerned department filed a compliance report and the date of that report
• Whether compensation directed by OSHRC was actually paid to the victim and the date of payment
• Whether a departmental or criminal proceeding was initiated against the official named in OSHRC's recommendation
• The total number of OSHRC cases in which compliance has not been reported and the current follow-up status

This is critical accountability information. OSHRC's recommendations are not binding in the same way court orders are, and state governments have frequently delayed or ignored compliance. RTI creates a documented record of non-compliance that can be used in petitions before the High Court.

Annual Reports and Statistical Data

OSHRC is required under the PHRA to submit an annual report to the state government, which must be laid before the Odisha Legislature. These reports contain consolidated figures on the Commission's work. Through RTI you can obtain:

• A copy of the OSHRC Annual Report for any given year
• The total number of complaints received, registered, disposed of, and pending, year-wise
• Category-wise data — custodial deaths, police brutality, bonded labour, child labour, trafficking, displacement, health rights, women's rights, and others
• District-wise data on which districts generated the most complaints
• The number of cases in which OSHRC directed compensation and the amounts involved

This data is useful for civil society organisations, legal aid advocates, journalists, and researchers documenting patterns of human rights violations in Odisha.

What May Be Exempt from Disclosure

Like all public authorities, OSHRC's disclosures are subject to the exemptions in Section 8 of the RTI Act.

Active inquiry proceedings: Information whose disclosure would impede the inquiry or enable evidence tampering may be withheld under Section 8(1)(h). Once proceedings conclude and an order is passed, this exemption ceases to apply.

Personal information of victims: Section 8(1)(j) protects personal information the disclosure of which would amount to an unwarranted invasion of privacy. Victim identities and contact details may be withheld, particularly in trafficking and sexual violence cases. However, a victim can request her own file without restriction.

What cannot legitimately be withheld: The registration or non-registration of a complaint, the stage of proceedings, the nature and date of orders passed, OSHRC recommendations to the state government, compliance records, and annual reports — none of these fall within permissible exemptions. Any refusal to supply this category of information is improper and should be challenged.

How to File an RTI with OSHRC

Online Filing

Visit rtionline.gov.in and check whether OSHRC is listed as a public authority. Some state bodies are accessible through the central portal even if they are state-level entities. Select "Odisha State Human Rights Commission" as the public authority, complete the online form, and pay the ₹10 fee via net banking, debit card, or UPI.

By Post

Draft your application on plain paper addressed to the Central Public Information Officer, Odisha State Human Rights Commission, Bhubaneswar. Clearly state that the application is filed under Section 6 of the Right to Information Act, 2005. Attach a ₹10 Indian Postal Order (IPO) in favour of the CPIO, OSHRC. Despatch by registered post with acknowledgement due and retain the receipt as proof of filing.

In Person

You may hand-deliver the application at the OSHRC office in Bhubaneswar during working hours. Carry two copies; request that one be date-stamped and returned as acknowledgement.

Fee and Timeline

Application fee: ₹10 under the RTI (Regulation of Fee and Cost) Rules, 2005. Citizens below the poverty line (BPL) are exempt from paying the fee — attach a copy of your BPL card and state the exemption clearly in your application.

Response timeline: The CPIO must respond within 30 days of receipt of the application under Section 7(1) of the RTI Act. Where the information concerns the life or liberty of a person — for example, the status of a custodial death complaint, the current stage of an inquiry into an alleged encounter death, or a complaint regarding illegal detention — the response must be furnished within 48 hours under the Section 7(1) proviso. If third-party consultation under Section 11 is required, the deadline extends to 40 days.

First Appeal — Section 19(1)

If the CPIO of OSHRC does not respond within 30 days, provides an incomplete or evasive answer, or rejects the request without valid justification, file a First Appeal under Section 19(1) of the RTI Act with the First Appellate Authority (FAA) — a senior officer designated within OSHRC above the CPIO level.

• File the First Appeal 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 the First Appeal
• The FAA must decide within 30 days, extendable to 45 days for reasons recorded in writing
• In your appeal, state the date of the original RTI application, its registration number, the specific information sought, the response (or non-response) received, and why the response is inadequate
• Attach copies of the original application and the postal or online acknowledgement

Second Appeal to Odisha Information Commission — Section 19(3)

If the First Appeal is not decided within the prescribed timeline or its outcome remains unsatisfactory, file a Second Appeal under Section 19(3) of the RTI Act with the Odisha Information Commission (OIC). The OIC is constituted under Section 15 of the RTI Act and is the apex appellate authority for all RTI matters involving Odisha state government public authorities.

• File the Second Appeal within 90 days of the date of the FAA's decision or the date by which the decision should have been made
• No fee is payable for the Second Appeal
• The OIC may summon the CPIO and the FAA, examine the file, and pass directions for disclosure
• The OIC can also initiate penalty proceedings against the CPIO under Section 20

Critical note: The Central Information Commission (CIC) in New Delhi has no jurisdiction over OSHRC. OSHRC is a state body under Odisha's domain; all second appeals must be directed to the Odisha Information Commission (OIC), not the CIC. Filing with the CIC would result in rejection of jurisdiction.

Penalty — Section 20

If you reach the Second Appeal stage before the OIC, and the OIC is satisfied that the CPIO refused to receive the application, failed to respond within the prescribed timeline, knowingly gave incorrect information, destroyed records, or obstructed the supply of information, the OIC has the power under Section 20 of the RTI Act to impose a personal monetary penalty on the CPIO.

The penalty is ₹250 per day of default, subject to a maximum of ₹25,000. The OIC may also recommend disciplinary action against the defaulting CPIO under applicable service rules. These are personal consequences for the CPIO, not institutional penalties on OSHRC, and they serve as a deterrent against casual disregard of RTI obligations.

Practical Tips for an Effective RTI to OSHRC

Always cite your OSHRC complaint number: Reference the complaint number assigned by OSHRC in every RTI query. This prevents vague, file-level responses and anchors the CPIO to the specific case you are tracking.

Be document-specific in your requests: A vague request — "provide information about my complaint" — invites an equally vague response. A precise request — "provide a copy of the notice issued to the Superintendent of Police, Malkangiri, in Complaint No. X and any response received" — is concrete, document-specific, and harder to deflect.

Invoke the 48-hour provision for life and liberty matters: If your complaint involves custodial death, illegal detention, encounter deaths, bonded labour, or trafficking — all matters directly touching life or liberty — explicitly state in your RTI application that the matter involves the life and liberty of a person and invoke the 48-hour response obligation under Section 7(1) proviso. The CPIO cannot ignore this provision.

Request compliance records separately: Do not combine a request about complaint status with a request about whether the state government complied with OSHRC's directions. Ask for compliance records in a distinct, clearly numbered query. This makes it harder for the CPIO to address one while ignoring the other.

File RTI with the concerned department in parallel: If your complaint involves Odisha Police or a specific state department, simultaneously file a separate RTI with that department's CPIO asking about the inquiry report it submitted to OSHRC and any compliance report sent following OSHRC's recommendation. This triangulation reveals whether the department is genuinely cooperating with OSHRC or stonewalling.

Document non-response carefully: If the CPIO does not respond within 30 days, that silence is a deemed refusal under Section 7(2). Record the exact date you filed the application and the exact date the 30-day period expires. File your First Appeal immediately on the 31st day, citing both dates. Non-response by an SHRC's CPIO is particularly indefensible before the OIC and is the most common ground for Section 20 penalty proceedings.

Annual reports are public documents: OSHRC's annual reports, once submitted to the state legislature, are public documents. A refusal to provide them via RTI has no legal basis and should be challenged at the First Appeal stage without delay.

Distinguish between OSHRC and NHRC jurisdiction carefully: In Naxal-affected districts of Odisha, Odisha Police and CRPF often operate in overlapping geographies. If your complaint involves an action by Odisha Police (state authority), OSHRC has jurisdiction. If it involves CRPF or BSF (central forces), file with NHRC. A complaint filed with the wrong body will be returned, causing delay. When both are involved, file separate complaints with both commissions.