In a significant verdict, the Kerala High Court has ruled that the State Human Rights Commission (SHRC) can act on any communication, including postal or telegraphic or fax, alleging human rights violations by treating it as a complaint.
Justice Anil K. Narendran, while disposing of a writ petition recently, observed that there was no prescribed form or format for filing a complaint before the commission and even a communication received by the commission from a victim or any other person on his/her behalf in person or by post or by telegram or by fax or by any other means alleging violation of human rights or abetment thereof or negligence in the prevention of such violation by a public servant of any of the human rights under the provisions of the Protection of Human Rights Act could be treated as a complaint.
Section 18
The High Court held that based on a complaint made by a person, if the commission came to a prima facie conclusion that the allegations made out a case of violation of human rights, the commission was fully justified in proceeding with that complaint, irrespective of the nature of relief sought for in the complaint and may take appropriate steps, in terms of Section 18 of the Protection of Human Rights Act.
The court said that merely for the reason that the reliefs sought in a complaint fell outside the purview of the commission, it could not be contended that the complaint was not maintainable before the commission.
Powers
The commission had the power to conduct an inquiry in terms of Section 17 and to take appropriate steps in terms of Section 18 of the Act.
The court also observed that in a case in which a complaint received by the commission did not disclose a complete picture of the matter complained of, it would be open to the commission to call for further relevant information from the complainant or direct the complainant to file affidavit in support of the complaint, etc.
Commission has the power to conduct an inquiry
It can take action irrespective of nature of relief sought
