RTI for UP Human Rights Commission (UPHRC) — Complaint Records, Inquiry Proceedings and Compliance Status

Uttar Pradesh is one of India's most populous states and also one where documented human rights violations — custodial deaths, encounter killings, atrocities against Scheduled Caste and Scheduled Tribe communities, bonded and child labour in brick kilns and carpet-weaving centres, violence against women in state custody, and prolonged illegal detention — remain a persistent and serious concern. The Uttar Pradesh Human Rights Commission (UPHRC) is the statutory authority constituted specifically to address these violations at the state level.

Yet one of the most widespread frustrations among people who have filed complaints with UPHRC is the same that exists across human rights commissions in India: after the complaint is submitted, silence follows. Complainants receive no acknowledgement of whether the complaint was registered, whether notices were issued to the accused officials, whether an inquiry was ordered, or what action — if any — the Commission intends to take.

The Right to Information Act, 2005 provides a direct, legally backed remedy. UPHRC is a public authority under Section 2(h) of the RTI Act, and it is legally obligated to disclose information about its proceedings, orders, recommendations, and compliance records. This guide explains what RTI can obtain from UPHRC, how to file an application, and how to escalate through the appeal hierarchy to the Uttar Pradesh Information Commission (UPIC) if the Commission does not respond.

UPHRC: Constitution, Powers, and Jurisdiction

The Uttar Pradesh Human Rights Commission is constituted under Section 21 of the Protection of Human Rights Act, 1993 (PHRA 1993). The Commission is:

• Headed by a Chairperson who is a retired Chief Justice of a High Court
• Composed of one or more Members who are retired judges of a High Court
• Appointed by the Governor of Uttar Pradesh on the recommendation of a committee chaired by the Chief Minister, and including the Home Minister, the Speaker of the Legislative Assembly, and the Leader of the Opposition in the Assembly

Under Section 30 of the PHRA 1993, the state government is required to make available to the Commission such officers and staff as are necessary for its efficient functioning, and the Commission's administrative expenses are charged to the Consolidated Fund of the state. The Commission maintains its office at 15 Mahatma Gandhi Marg, Lucknow – 226001.

Jurisdiction: UPHRC has jurisdiction over acts and omissions by officers of the Uttar Pradesh state government, its departments, and state-funded authorities that constitute violations or abetments of violations of human rights. "Human rights" under the PHRA 1993 means the rights to life, liberty, equality, and dignity guaranteed by the Constitution and by the international covenants — the ICCPR and ICESCR — scheduled to the Act.

Powers: The Commission may:

• Inquire into complaints suo motu or upon petition from any person or group
• Call for information and reports from the state government, any official, or any institution
• Summon and examine witnesses under oath
• Requisition documents from any public office or court
• Visit jails, remand homes, women's short-stay homes, mental health institutions, and any other state-controlled institution to inspect conditions
• Recommend immediate interim relief or compensation to the victim
• Recommend prosecution of the responsible official or initiation of departmental proceedings
• Approach the High Court or Supreme Court for appropriate directions

What the Commission cannot do: UPHRC's findings and recommendations are not binding orders in the way that court judgments are. The state government must inform UPHRC of the action taken on each recommendation. Non-compliance can be reported to the Uttar Pradesh Legislature through the annual report. However, persistent non-compliance can also be the basis for a writ petition before the Allahabad High Court directing the state to act.

Why RTI Matters for UPHRC Accountability

The Protection of Human Rights Act, 1993 creates a mechanism — but does not guarantee transparency about whether that mechanism is functioning in any individual case. RTI fills this gap. A citizen who has filed a complaint with UPHRC can use RTI to:

• Confirm registration: Establish that the complaint was formally registered rather than silently shelved
• Track proceedings: Obtain the complete history of hearing dates, notices issued, and reports received
• Access orders: Get copies of interim and final orders issued by the Commission
• Monitor compliance: Determine whether the state government has responded to UPHRC's directions and whether compensation has been paid
• Obtain aggregate data: Access annual statistics on complaint categories, disposal rates, compensation amounts, and non-compliance by state departments

UPHRC, like any public authority, cannot lawfully invoke confidentiality as a blanket shield over its proceedings. The fact that its work relates to sensitive human rights matters does not exempt it from the RTI Act — it makes transparency more, not less, important.

What RTI Can Obtain from UPHRC

Complaint Registration and Proceedings Status

If you have filed a complaint with UPHRC, the first priority is confirming it was registered. RTI can establish:

• Whether the complaint was formally registered as a case and assigned a case or complaint number, or rejected at the intake stage — and if rejected, the recorded reason and whether a speaking order was issued
• The current stage of the proceedings: initial screening, notice stage (notice issued to the respondent authority), inquiry stage (inquiry officer or reporting authority directed to submit a report), hearing stage, or final disposal
• The complete chronological history of the case — all hearing dates, adjournments, and actions recorded in the Commission's file
• The next hearing date, if proceedings are ongoing

Notices and Responses from State Authorities

When UPHRC registers a complaint, it typically issues a notice to the concerned state authority — the Superintendent of Police of the relevant district, the District Magistrate, the Jail Superintendent, or the relevant department secretary — directing it to file a counter or a factual report. RTI can obtain:

• Certified copies of all notices issued by UPHRC in your case, with dates and the authorities to whom they were addressed
• Any response or counter affidavit received from the respondent authority, including the date it was received and its contents
• Whether UPHRC has issued reminders for non-response, and on which dates, which establishes the Commission's own record of follow-up

Inquiry Reports

When UPHRC orders an inquiry in a case — either directing the district authorities to submit a factual report or appointing an independent inquiry officer — the resulting inquiry report is a critical document. RTI can obtain:

• A certified copy of the inquiry report submitted to UPHRC in your case, once proceedings are complete
• Whether the Commission found the inquiry report satisfactory or directed further inquiry
• In cases where UPHRC took up a suo motu matter — for example, based on a media report of a custodial death — the inquiry report and any special investigator's findings

Interim Orders and Final Recommendations

The core outputs of UPHRC proceedings are its orders and recommendations. RTI can yield:

• Copies of all interim orders issued during the pendency of the complaint — including any direction to pay interim compensation to the victim, any direction restraining further action by the accused officials, or any direction to provide medical care or legal assistance
• The final order or recommendation — including findings on whether a human rights violation occurred, the officers held responsible, any compensation directed, and any recommendation for prosecution or departmental action
• The date of the final order and whether the state government was given a timeline to respond

Compliance Records

Obtaining UPHRC's recommendation is only part of the process. Whether the state government actually complied is equally crucial. RTI can reveal:

• Whether the state government has filed a compliance report with UPHRC after the recommendation was issued, and on what date
• A copy of the compliance report — what action was taken, whether compensation was actually paid to the victim or the family, whether departmental proceedings were initiated, whether an FIR was registered against the accused official
• In cases where compliance has not been reported, what follow-up steps UPHRC has taken: whether it issued notices to the Chief Secretary, whether it directed the government to appear before it, or whether it has reported non-compliance to the Legislature

Suo Motu Cases and Annual Statistics

UPHRC takes suo motu cognisance of human rights violations reported through media, complaints from NGOs, or information received from any source without a formal petition from the victim. RTI can obtain:

• Details of suo motu cases initiated by UPHRC in a given year — the subject matter, the government authority or official involved, current status, and outcome
• Annual statistics: total complaints received, registered, pending, and disposed of, with a category-wise breakup (custodial deaths, encounter killings, police brutality, bonded labour, child labour, atrocities against SC/ST, women's safety, prison conditions, and others)
• Number of cases in which UPHRC recommended compensation and the total amount recommended versus the amount actually disbursed
• A copy of the UPHRC Annual Report for any given year — which the Commission is required to submit to the state government under the PHRA 1993, and which the state government is required to lay before the Legislature

What May Legitimately Be Withheld

RTI requests to UPHRC are subject to the exemptions under Section 8 of the RTI Act. The most relevant are:

Active inquiry proceedings (Section 8(1)(h)): Information that would impede an ongoing investigation or inquiry may be withheld while proceedings are genuinely active. This exemption ceases once proceedings are concluded — disclosure is then mandatory upon request.

Victim privacy (Section 8(1)(j)): The personal identity and contact details of victims — particularly in cases involving sexual violence or where the victim has sought anonymity — may be withheld. However, the victim or the victim's authorised representative is entitled to access their own complaint file.

Third-party consultation (Section 11): If disclosure of a document would affect a named third party (such as an accused official), the CPIO may consult the third party before disclosure, which can extend the response period by up to 10 days.

What cannot be withheld: The fact of registration or non-registration of a complaint, the stage of proceedings, whether notices were issued and to whom, copies of orders and recommendations in concluded cases, compliance status, annual reports, and aggregate statistical data are all disclosable. Any refusal to provide these is legally baseless and should be challenged.

RTI Act Provisions That Apply

The following provisions of the Right to Information Act, 2005 directly govern RTI applications to UPHRC:

• Section 2(h) — UPHRC is a "public authority" constituted under the Protection of Human Rights Act, 1993, a law made by Parliament, and is therefore squarely bound by the RTI Act
• Section 6 — You file the RTI application under this section; you are not required to state any reason or justify your right to seek the information
• Section 7(1) — The CPIO of UPHRC must respond within 30 days of receipt of your application
• Section 7(1) proviso — Where the information requested concerns the life or liberty of a person — for example, the status of a custodial death complaint, the inquiry into an encounter killing, or information about a person currently in state custody — the CPIO must respond within 48 hours
• Section 19(1) — First Appeal, to 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
• Section 19(3) — Second Appeal to the Uttar Pradesh Information Commission (UPIC), to be filed within 90 days of the First Appeal order
• Section 20 — UPIC may impose a personal monetary penalty of ₹250 per day (maximum ₹25,000) on the CPIO for unjustified delay, non-disclosure, or false information, and may recommend departmental disciplinary action

How to File an RTI Application with UPHRC

Online Filing

UPHRC is a state public authority. File your RTI application through the Uttar Pradesh government's official online RTI portal at https://up.gov.in or the dedicated UP RTI portal (rtionlineup.up.nic.in), selecting UPHRC or the Home Department as the public authority. Pay the ₹10 fee online during filing and retain the portal acknowledgement with the registration number as proof.

By Post

Draft the application on plain paper clearly addressed to the CPIO, Uttar Pradesh Human Rights Commission (UPHRC), 15 Mahatma Gandhi Marg, Lucknow – 226001. State at the top that it is an application under Section 6 of the Right to Information Act, 2005. Enclose a ₹10 Indian Postal Order (IPO) drawn in favour of the CPIO/Accounts Officer, UPHRC. Dispatch by Speed Post or Registered Post and retain the postal receipt.

In Person

Present the application in person at the UPHRC office in Lucknow during working hours. Carry two copies; the receiving official must stamp and date-sign one copy as your acknowledged receipt. This provides the most reliable documentary proof of the date of filing.

BPL Fee Exemption

BPL cardholders are exempt from all RTI fees — including the application fee and the per-page charge for documents — under Section 7(5) of the RTI Act. Attach a self-attested photocopy of your BPL ration card or BPL certificate and explicitly state the exemption claim in the body of the application.

First Appeal — Section 19(1)

If the CPIO does not respond within 30 days, responds incompletely, refuses to provide documents without lawful justification, or provides misleading information, 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 UPHRC who is superior in rank to the CPIO. Ask the CPIO to identify the FAA in their response, or check UPHRC's website.

Key procedural requirements:

• File 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 with written reasons
• Attach: a copy of your original RTI application with filing proof, any response received from the CPIO, and a clear explanation of what was denied, omitted, or inadequately provided

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

If the First Appeal is unsatisfactory, or if the FAA does not decide within the prescribed period, file a Second Appeal under Section 19(3) of the RTI Act with the Uttar Pradesh Information Commission (UPIC) within 90 days of the FAA's order or the date it should have been made.

UPIC is constituted under Section 15 of the RTI Act and has exclusive appellate jurisdiction over all Uttar Pradesh state public authorities, including UPHRC. All UPHRC-related second appeals must go to UPIC. The Central Information Commission (CIC) in New Delhi has no jurisdiction over UPHRC — CIC hears second appeals only for Central Government public authorities. Filing a Second Appeal with CIC for a UP state body would be dismissed for want of jurisdiction.

UPIC can:

• Direct UPHRC to disclose the information requested
• Impose a personal penalty of ₹250 per day (maximum ₹25,000) on the CPIO under Section 20
• Recommend disciplinary proceedings against the CPIO
• Award compensation to the applicant where detriment is established

Practical Tips for Effective RTI with UPHRC

Always quote the complaint case number. If you have filed a complaint with UPHRC, cite its assigned case number in the subject line and every request in your RTI application. This anchors every document request to your specific file and prevents deflective aggregate responses.

Be document-specific, not status-generic. "Tell me what is happening in my case" invites a vague response. "Please provide a certified copy of the notice issued to the Superintendent of Police, District, in Case No. X, and any response received" is a specific document request that is much harder to deflect.

Invoke the 48-hour proviso when appropriate. If your case involves a person currently in state custody, an ongoing detention, a custodial death, or an encounter killing where a family member's fate is uncertain, explicitly state in your application: "This request involves information relating to the life and liberty of name and must be provided within 48 hours under the proviso to Section 7(1) of the RTI Act, 2005." This is a legal requirement the CPIO cannot ignore.

Request both proceedings and compliance separately. File two focused RTI applications — one on the stage of proceedings (notices, inquiry, hearings, orders) and one on compliance with any recommendations already issued. This gives you a complete picture from the moment of complaint registration to implementation on the ground.

Annual reports are not confidential. UPHRC annual reports are submitted to the state government under PHRA 1993 and laid before the Legislature. They are public documents. Any refusal to supply an annual report under RTI should be immediately challenged in the First Appeal and escalated to UPIC without hesitation.

Treat non-response as a deemed refusal. If 30 days elapse without any response from the CPIO, that silence is a deemed refusal under Section 7(2) of the RTI Act. Note the exact date of filing and the exact date the 30-day window closes. File your First Appeal immediately after. Non-response by a human rights body is treated seriously by information commissions and is likely to attract Section 20 scrutiny.

Cross-reference with the concerned state department. If your UPHRC complaint involves a specific district police unit or state department, consider filing a parallel RTI with that department asking whether it received a notice from UPHRC, what response it filed, and whether it submitted a compliance report. Comparing the two sets of responses can expose discrepancies between what the department told UPHRC and what it tells the public — and discrepancies are where accountability begins.

RTI and legal proceedings reinforce each other. If you are simultaneously pursuing a writ petition or habeas corpus before the Allahabad High Court on the same facts, RTI responses from UPHRC — establishing what the Commission found, what it recommended, and whether the state complied — provide independent documentary evidence. RTI-obtained certified copies are admissible and can materially strengthen the legal record before the court.