RTI for Rajasthan State Human Rights Commission — Complaint Status and Proceedings

The Rajasthan State Human Rights Commission (RSHRC) stands as one of the most important accountability institutions in Rajasthan — a state where complaints of police high-handedness, custodial deaths, bonded labour, atrocities against tribal communities, and prison overcrowding have long occupied human rights discourse. Established under the Protection of Human Rights Act, 1993, RSHRC is the statutory body empowered to receive complaints against state officials, conduct inquiries, and recommend compensation and action to the Rajasthan government.

Yet for many citizens who approach RSHRC, the process quickly becomes opaque. A complaint is filed — and then silence. Weeks turn into months with no acknowledgement of whether the complaint was registered, whether any notice was sent to the accused official or department, or whether the Commission is actively considering the matter. This information vacuum is not only frustrating; it is also an accountability gap that can allow violations to go unaddressed.

The Right to Information Act, 2005 is the most effective legal tool for piercing this opacity. RSHRC is a public authority under Section 2(h) of the RTI Act, obliged by law to respond to information requests about its own functioning. Filing an RTI with RSHRC creates a documented paper trail, forces an official response about the state of proceedings, and — where the Commission has been slow to act — generates a written record that can support escalation to the Rajasthan State Information Commission (RSIC).

What Is RSHRC and How Was It Established

The Rajasthan State Human Rights Commission is constituted under Section 21 of the Protection of Human Rights Act, 1993 (PHRA 1993). The PHRA was enacted by Parliament to give effect to India's obligations under international human rights instruments, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Section 21 specifically empowers state governments to constitute State Human Rights Commissions to address human rights violations committed by state authorities.

RSHRC is headed by a Chairperson who is a retired Chief Justice of a High Court, and may include Members who are retired High Court judges. The Commission is independent of the state government in its adjudicatory functions — it cannot be directed by the government on how to decide individual complaints. Its administrative secretariat is based in Jaipur.

Powers of RSHRC: The Commission is vested with the powers of a civil court for the purposes of inquiry proceedings. It can:

• Inquire into complaints on its own motion (suo motu) or upon petition from individuals
• Call for information, reports, and records from state government departments or any other authority
• Summon and examine witnesses under oath
• Visit any institution under state government control, including prisons, detention centres, and hospitals, and examine conditions there
• Request the state government or an official to pay compensation to a victim of human rights violation
• Recommend prosecution of the responsible official to the appropriate authority
• Approach the Supreme Court of India or the Rajasthan High Court for any relief appropriate in the circumstances

What RSHRC cannot do: RSHRC does not have jurisdiction over violations by Central Government forces or bodies. If a complaint involves the BSF, CRPF, CISF, or any other Central Government paramilitary force operating in Rajasthan, or any Central Government institution, the appropriate forum is the National Human Rights Commission (NHRC) in New Delhi, not RSHRC.

RSHRC Versus NHRC: A Critical Distinction

This distinction between RSHRC and NHRC is essential for citizens in Rajasthan to understand, because errors in forum selection can delay relief by months.

RSHRC jurisdiction covers: Rajasthan Police (state police force), Rajasthan Prison Department, state government hospitals and medical institutions, district collectors and sub-divisional magistrates, state-funded educational institutions, Rajasthan housing boards and development authorities, state transport corporations, and any other body wholly or substantially financed by the Rajasthan government.

NHRC jurisdiction covers: Central Reserve Police Force (CRPF), Border Security Force (BSF), Central Industrial Security Force (CISF), Intelligence Bureau personnel, Railway Police (Government Railway Police is a state force; Railway Protection Force is central), and Central Government departments and institutions physically located in Rajasthan.

A civilian beaten by Rajasthan Police at a local police station has a complaint with RSHRC. A civilian harmed by CRPF personnel during an operation in Rajasthan has a complaint with NHRC. Where an incident involves both state and central forces — not uncommon in security operations in certain districts — the complainant may file with both commissions simultaneously.

NHRC, under PHRA 1993, does not ordinarily investigate complaints against state police and typically refers them to the relevant SHRC unless gross violation of human rights or failure of the state commission is established.

The Rajasthan Context: Why RSHRC Matters

Rajasthan presents a distinctive human rights landscape shaped by geography, social structure, and the nature of state power in a large rural state.

Police atrocities and custodial violence: Rajasthan has a substantial record of complaints alleging police brutality, illegal detention, and custodial deaths. The state's vast geography — with remote districts far from High Court oversight — has historically made accountability difficult. RSHRC is the primary domestic institution that can require the Director General of Police or a district Superintendent of Police to submit inquiry reports and face consequences for custodial deaths.

Bonded labour in brick kilns and agriculture: Rajasthan has long recorded cases of bonded and child labour, particularly in brick kilns in districts such as Jaipur, Alwar, Jodhpur, and Bikaner, and in agricultural settings in rural districts. Bonded labour is a fundamental rights violation under Article 23 of the Constitution and under the Bonded Labour System (Abolition) Act, 1976. RSHRC has jurisdiction to inquire into complaints where state authorities have failed to enforce these laws or have been complicit in bonded labour arrangements.

Tribal rights and displacement: Rajasthan has a significant tribal population, particularly in Dungarpur, Banswara, Udaipur, Chittorgarh, and adjoining districts. Complaints about forest land displacement, failure of district administration to implement Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act entitlements, and atrocities under the SC/ST (Prevention of Atrocities) Act are regularly filed with RSHRC.

Prison conditions: Rajasthan's prisons are chronically overcrowded. Complaints about denial of medical care to undertrial prisoners, violence between prisoners, inadequate food and water, and illegal detention beyond bail orders are significant categories of complaints before RSHRC.

Minority and marginalised community rights: Complaints involving communal violence, police inaction on FIRs, or discrimination in the delivery of government welfare benefits to Dalit, minority, or disabled citizens also fall within RSHRC's inquiry jurisdiction where the violation is attributed to state officials or institutions.

In all these categories, RTI is a powerful complementary tool. Even where RSHRC is actively seized of a complaint, the complainant often does not know what stage proceedings are at. RTI fills that gap.

What Information Can Be Obtained Through RTI

RTI to RSHRC can yield substantive, documented information across several categories.

Complaint Registration and Status

The most basic — and most frequently sought — information is whether a complaint has actually been registered. RSHRC, like all commissions, has a preliminary screening stage at which some complaints are rejected as inadmissible. RTI can reveal:

• Whether the complaint filed on a specific date has been registered and assigned a complaint number
• If the complaint was rejected at intake, the specific reasons for rejection
• The current stage of the registered complaint — notice stage, inquiry stage, pending report from the respondent authority, listed for hearing, or disposed of
• The dates of hearings already conducted in the matter and the date of the next scheduled hearing
• The names and designations of the respondent authorities who have been impleaded as parties

Notices to State Authorities and Police

When RSHRC registers a complaint, it typically issues a notice or show-cause to the concerned state authority — for instance, to the Superintendent of Police of the concerned district, or to the Secretary of the concerned department, requiring a written explanation or inquiry report. RTI can be used to ask:

• Whether a notice has been issued to the concerned police officer or department, and on what date
• The content of the notice (what was the Commission asking for)
• Whether the respondent authority has filed its response and the date of that response
• Whether the Commission has directed a specific inquiry — such as a magisterial inquiry or a senior police officer's inquiry — and whether the inquiry report has been received
• A copy of the inquiry report submitted by the respondent authority (subject to ongoing inquiry exemptions, where applicable)

RSHRC Orders and Recommendations

RSHRC's orders and recommendations are public documents — they are addressed to the state government and, ultimately, affect public accountability. RTI can yield:

• Copies of interim orders passed by RSHRC in a matter, including any directions to maintain the status quo, produce a person, or pay interim compensation
• The final order or recommendation passed in a complaint, including RSHRC's findings on whether a human rights violation occurred
• Directions to the state government regarding compensation payable to the victim, the amount recommended, and to which official the direction was addressed
• Recommendations for departmental proceedings or criminal prosecution against the responsible official
• Whether the complaint was disposed of by settlement between the parties and the terms of any such settlement

Compliance by State Authorities

One of the most critical — and most underused — RTI applications to RSHRC is asking about compliance with its own directions. RSHRC has the power to recommend and direct; it does not have executive power to enforce. Compliance depends on the state government acting on its recommendations. RTI to RSHRC can reveal:

• Whether the state government or concerned department has filed a compliance report in response to RSHRC's order
• A copy of the compliance report received from the respondent department
• Whether compensation directed by RSHRC has been paid to the victim — the date and amount of payment
• Whether disciplinary or criminal action was actually initiated against the named official following RSHRC's recommendation
• Whether any complaint is pending compliance and the number of such cases in the last year

This information is not only useful for the individual complainant — it is important public interest data that organisations working on police accountability, prison reform, and bonded labour can use to assess whether RSHRC's recommendations actually result in change on the ground.

Annual Reports and Aggregate Statistics

RSHRC is required under PHRA 1993 to submit an annual report to the Rajasthan government, which is then laid before the Rajasthan State Legislature. RTI can be used to obtain:

• A copy of the RSHRC Annual Report for any given year, containing consolidated statistics on the Commission's workload and disposals
• The total number of complaints received, registered, disposed of, and pending in a given year
• Category-wise breakup of complaints — police atrocities, custodial deaths, prison conditions, bonded labour, tribal rights, hospital negligence, denial of welfare benefits, and others
• District-wise data showing which districts generate the most complaints and which state departments are most frequently respondents
• The number of cases in which compensation was recommended and the total amount of compensation directed
• The number of cases in which recommendations were made for prosecution or disciplinary action

This statistical data is of significant public interest for civil society organisations, journalists, researchers, and legal aid bodies tracking patterns of human rights violations in Rajasthan.

What May Be Exempt from Disclosure

RTI requests to RSHRC are subject to the exemptions in Section 8 of the RTI Act. The most commonly invoked exemptions in the RSHRC context are:

Active inquiry proceedings: Information whose disclosure would impede the investigation or allow a respondent official to tamper with evidence may be withheld under Section 8(1)(h) while an inquiry is actively ongoing. However, once the inquiry is complete and RSHRC has passed its order, this exemption no longer applies and the documents — including inquiry reports and RSHRC's findings — must be disclosed.

Personal information of victims: Section 8(1)(j) protects personal information the disclosure of which would constitute an unwarranted invasion of privacy. The CPIO may decline to share a victim's contact address or personal details with a stranger, but cannot use this provision to deny the victim herself access to her own complaint file.

Third-party consultation: Where an inquiry report contains information supplied by a respondent official that constitutes personal or service-related information about that official, the CPIO may initiate third-party consultation under Section 11 before disclosure. This can extend the response time to 40 days but does not prevent eventual disclosure.

What cannot be withheld: The registration status of a complaint, the stage of proceedings, the date of hearing, the nature of RSHRC's directions to the state government, whether compensation was paid, and the text of RSHRC's annual report are not legitimately exempt under any RTI provision. RSHRC's functioning as a public institution — its case statistics, its orders, its compliance record — is precisely the kind of information RTI was designed to make available.

How to File an RTI Application with RSHRC

Online via rti.rajasthan.gov.in

The Rajasthan government maintains a centralised RTI portal at rti.rajasthan.gov.in through which citizens can file RTI applications with all Rajasthan state government public authorities, including RSHRC. The process is:

1. Visit rti.rajasthan.gov.in and register or log in
2. Select "Rajasthan State Human Rights Commission" as the public authority from the list of departments
3. Fill in the application form, clearly specifying the information you seek
4. Pay the ₹10 fee online through the portal
5. Submit the application and note the registration number and acknowledgement

The portal generates an acknowledgement with a unique registration number that can be used to track the application's status online.

By Post

Draft the application on plain paper addressed to the CPIO, Rajasthan State Human Rights Commission, Jaipur, Rajasthan. State explicitly that the application is made under Section 6 of the Right to Information Act, 2005. Attach a ₹10 Indian Postal Order drawn in favour of the CPIO, RSHRC. Send by registered post with acknowledgement due and retain all postal receipts as proof.

In Person

Applications may also be submitted in person at the RSHRC office during office hours. Carry two copies — one to submit and one to have date-stamped and counter-signed by the receiving officer as your acknowledgement.

Fee and Response Timeline

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

Standard timeline: The CPIO must furnish information within 30 days of receipt of the application under Section 7(1) of the RTI Act.

Life and liberty matters: Where information pertains to the life or liberty of a person — for instance, the status of a custodial death complaint, the current location of a person alleged to be in illegal detention, or the medical condition of a person in state custody — the CPIO must respond within 48 hours under the proviso to Section 7(1). This provision is mandatory and cannot be overridden by administrative convenience.

If third-party consultation under Section 11 is required, the outer limit extends to 40 days, but this is the exception, not the rule.

First Appeal — Section 19(1)

If the RSHRC CPIO fails to respond within 30 days, provides an incomplete or evasive reply, imposes an unreasonable fee, or refuses to provide information without adequate legal justification, you may challenge this through a First Appeal under Section 19(1) of the RTI Act.

Who hears the First Appeal: The First Appellate Authority (FAA) within RSHRC — a senior officer designated as such, above the CPIO in the Commission's hierarchy.

Timeline: 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.

How to file: Draft the First Appeal addressed to the First Appellate Authority, RSHRC, Jaipur. State the date of your original application, its registration number, the specific information you sought, the CPIO's response (or silence), and why you consider it inadequate. Attach copies of the original RTI application, its online or postal acknowledgement, and the CPIO's reply (if any). No fee is required.

The FAA must decide the First Appeal within 30 days, extendable to 45 days for reasons recorded in writing.

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

If the First Appeal is not decided within time, or if the FAA's decision is unsatisfactory, the next step is a Second Appeal under Section 19(3) of the RTI Act.

The correct forum is RSIC — not CIC: The Rajasthan State Information Commission (RSIC) is the state-level information commission constituted under Section 15 of the RTI Act, 2005. RSIC has jurisdiction over all Rajasthan state government public authorities, including RSHRC. The Central Information Commission (CIC) in New Delhi has no jurisdiction over RSHRC, which is a state public authority. Filing a second appeal with CIC for an RSHRC matter is an error that will result in dismissal for want of jurisdiction — always file with RSIC.

Timeline: The Second Appeal must be filed with RSIC within 90 days of the date of the FAA's decision or the date by which the FAA's decision should have been made.

No fee is required for the Second Appeal.

RSIC's powers: RSIC may call the CPIO and FAA to appear before it, inspect the relevant records, and pass appropriate orders. RSIC can direct RSHRC to disclose the information that was wrongfully withheld, impose a penalty on the CPIO under Section 20, and recommend disciplinary action.

Penalty Under Section 20

The Rajasthan State Information Commission has the power under Section 20 of the RTI Act to impose a penalty on the CPIO personally at the rate of ₹250 per day of default, subject to a maximum of ₹25,000, where the Commission is satisfied that the CPIO:

• Refused to receive the RTI application without cause
• Failed to furnish information within the prescribed time limit
• Knowingly gave incorrect, incomplete, or misleading information
• Destroyed information that was the subject of a request
• Obstructed the furnishing of information in any manner

RSIC may also recommend disciplinary action against the defaulting CPIO under the applicable service rules. The penalty is personal — it falls on the officer, not on the institution — and this creates a meaningful deterrent against routine non-compliance.

Practical Tips for an Effective RTI to RSHRC

Always quote your complaint number: If you have a registered complaint with RSHRC, include its exact complaint number in every RTI request. A request anchored to a specific complaint number is much harder to answer vaguely than a general enquiry about the Commission's functioning.

Ask for copies of specific documents: "Provide information about my complaint" is a vague request that will produce a vague answer. "Provide a certified copy of the notice issued to the Superintendent of Police, District, in Complaint No. X, dated on or after Date, and a copy of the response received from that office" is a specific, document-level request that is far more difficult to deflect.

Invoke the 48-hour provision where applicable: If your complaint involves custodial death, ongoing illegal detention, serious neglect of a person in state custody, or any other matter involving life or liberty, state this explicitly in your RTI application and invoke the 48-hour response requirement under the proviso to Section 7(1). Write: "The information sought pertains to the life and liberty of name and must be furnished within 48 hours of receipt of this application under the proviso to Section 7(1) of the RTI Act, 2005."

Request compliance information separately: Once RSHRC has passed an order or recommendation in your complaint, file a separate RTI asking specifically about compliance — whether the concerned department submitted a compliance report, whether compensation was paid, and whether any departmental or criminal action was initiated. Non-compliance with RSHRC's orders is itself an important accountability issue and the written record created by your RTI response can be placed before the High Court in a contempt or writ proceeding if needed.

Cross-file with the respondent department: If your RSHRC complaint is against Rajasthan Police, file a parallel RTI directly with the Rajasthan Police (addressed to its CPIO) asking about any inquiry it conducted at RSHRC's direction and any report or compliance communication it submitted to the Commission. This cross-filing can reveal discrepancies between what the police told RSHRC and what actually happened.

Use statistical data for advocacy: RSHRC's aggregate complaint statistics — which can be obtained by RTI — are powerful tools for civil society advocacy. Data showing large numbers of registered complaints with low disposal rates, or high numbers of compensation recommendations with low compliance, speaks directly to the effectiveness of the Commission and can support public interest litigation, media reporting, and legislative engagement.

Do not conflate RTI with complaint remedies: An RTI application to RSHRC is a request for information about the Commission's records. It is not a way to advance or fast-track the underlying human rights complaint. Do not ask RSHRC to "take action" or "hear the matter urgently" through an RTI request — such requests will be rejected as improper. Keep your RTI request strictly to information and documents.

Document every step meticulously: Keep copies of your original RTI application, the postal receipts or online acknowledgement number, the CPIO's reply, your First Appeal, the FAA's response, and your Second Appeal filing receipt. In any proceeding before RSIC, this complete paper trail demonstrates the sequence of events and supports your case for penalty and disclosure orders.

The Rajasthan State Human Rights Commission holds significant information that is relevant to the lives and rights of Rajasthan's citizens — information about whether the state has been held accountable for its most serious violations, whether compensation reached those it was meant for, and whether the officials who violated rights faced any consequences. RTI is the legal mechanism that makes this information available to those who need it most.