First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence. It is a report of information that reaches the police first in point of time and that is why it is called the First Information Report. It is generally a complaint lodged with the police by the victim of a cognizable offence or by someone on his or her behalf.
Anyone can report the commission of a cognizable offence either orally or through writing. An FIR is a very important document as it sets the process of criminal justice in motion. It is only after the FIR has been registered in the police station that the police take up investigation of the case. Basically, there are few things that need to be mentioned in an FIR before it becomes complete, they are as follow:
- Name and address of the reporter
- Date, time and location of the incident which is being reported
- The facts of the incident as they occurred
- Names and descriptions of the persons involved in the incident
This paper intends to discuss how and when to file a complaint with
- State Human Rights Commission
- National Human Rights Commission
- United Nations Human Rights Commission
We will start the discussion by analyzing the evolution of each and every one of the Human Rights Commissions.
State Human Rights Commission
A Human Right Commission is a body set up to investigate, promote or protect human rights. Human Rights are rights which are related to life, liberty, equality and dignity of the individual guaranteed under the Constitution or embodied in International Covenants and enforced by courts.
State Human Rights Commission is a quasi-judicial body, which works for the protection of human rights as prescribed under the International covenant on Civil and Political Rights.
Evolution of State Human Rights Commission
The State Human Rights Commission is legislative body which works for the purpose of redressal of grievances arising out of violations of human rights. State Human Right Commissions are constituted to enquire into cases or complaints. As the name itself indicates, a Human Right Commission is meant to prevent violation of human rights which are provided under the Universal Declaration of Human Rights. The Human Rights Protection Act of 1993 provided that the State Government shall form a State Human Rights Commission to exercise the powers conferred onto them and perform functions in accordance with the Act.
How to make a complaint to the State Human Rights Commission
Article 14 gives everyone the right to equal protection before the law and this right should be preserved throughout the territories of India. To file an application of FIR to State Human Rights Commission is not a difficult task as one would perceive it to have been.
Firstly, any person or the victim themselves can file in the petition in the form of application to the authorized person of the commission.
Secondly, any person who is highly spirited of Public Interest can file an application of FIR in person or by post. There is no specific procedure to file a complaint under the State Human Right Commission, it is done whenever and wherever there is a violation of human rights, they can inform the State Human Rights Commission within the specified time.
The power of the State Human Rights Commission is to give order to the respective Government to have a policy for requisite execution of the matter or the investigation of the matter by itself. In such situation, the commission shall submit its report to the State Government for quick elimination of the restitution.
National Human Rights Commission
The National Human Rights Commission of India is a statutory body that was founded on October 12, 1993 under the protection of Human Rights Ordinance on September 28, 1993. The NHRC basically keeps a check on the State Institution and other Institutions for any violation of human rights and makes appropriate recommendations. It helps people to maintain a balance and control the authority to use excessive power on the people. The NHRC was established to control and balance powers to various government agencies.
The NHRC is limited in two major areas, they are as follow:
- National Human Rights Commission can only make recommendations and does not have the enforcement power to enforce decisions.
- National Human Rights Commission cannot inquire in any case that the complaint is made after one (1) year of the incident. It is therefore clear that the acts which are found to be beyond the limitation period, the NHRC cannot inquire even if the violation is too extensive.
How to file a Complaint to the National Human Right Commission
Ideally, there are two major ways to file a complaint with the NHRC, they are as follow:
- Using the online platform: the first way is by registering your complain online. In order to go through this process, you have to open the website of NHRC and go to the complaint section. Under the complaint section, there is an option of compliant registration which may enable you to file your complain.
- Using the offline platform: for this process, the NHRC provided an application from on their website. All you have to do is to print the application and submit it to NHRC within the prescribed time.
Guidelines for filing complains to NHRC
- Complains should be made by either the victim or any other person
- Complains can be filed either in English or Hindi or any of the languages included in the 8th schedule of the Constitution.
- The complaint should talk of the violation of human rights or abatement of human rights. It should also talk about negligence in the prevention of such violations by a public servant.
- The jurisdiction of the commission is restricted to the violation of human rights alleged to have been committed within one (1) year of receipt of the complaint by the commission.
As decalred by the Universal Declaration of Human Rights, no one shall be subjected to torture or to cruel, inhuman or degrading treatment. As such, any person can file a case whenever his human rights have been violated.
United Nations Human Rights Commission
The United Nations Human Rights Commission was established in 1946 to weave the international legal fabric that protects our fundamental rights and freedoms. The commission investigates allegations of breaches of human rights in the United Nations member States and addresses thematic human rights issues.
Before a complaint is filed at the United Nations Human Rights Commission, all domestic and national remedies must have been exhausted by the complainant. It is therefore recommended to contact a local bar association or human rights group in your country of residence for assistance.
Conclusion
The human rights of any individual should be preserved by law at all times. Section 154 of the CrPC provides for the First Information Report (FIR) after an offence has been committed which sets the tone for the investigation by police. The FIR can be filed by any person who is highly spirited in matters of public interest or the victim themselves.
Human rights are being preserved under three cardinal blocks of the law making and enforcement system.
The State Human Rights Commission serves as an additional tool for the protection of human rights.
The National Human Rights Commission serves the broader purpose of preserving the human rights as it intends to balance the excessive use of power by government agencies and ensuring that at all times, human rights are fully maintained.
The United Nations Human Rights Commission is the last sort of remedy that is available in addressing issues of human rights violations. Before this service can be availed, it must be proven that all remedies available to you from your domestic and national levels are exhausted.
