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STRENGTHENING CAPACITY OF SOCIO-LEGAL WORKERS
Human & Civil Rights Defender's Resource Manual
Prepared by
Association for Protection of Civil Rights (APCR)
© 2009
First Edition June 2009
2000 copies
Name of the Book:
STRENGTHENING CAPACITY OF SOCIO-LEGAL WORKERS
Human & Civil Rights Defender's Resource Manual
Price Rs. 100/-
Published by:
Regd. Office: E-20, Abul Fazl Enclave, Jamia Nagar,
New Delhi - 110 025. India
E-mail: [email protected]
Printed and bound by Sundus Art & Graphics, New Delhi
Association for Protection of Civil Rights
Association for Protection of Civil Rights (APCR)
CONTENTS
Preface ix
Foreword xi
PART ONE
Foundation Our Rights 3
A. Constitution-Fundamental Rights 3
B. Where the Fundamentals Rights are defined 4
C. Indian Judicial system 4
D. Understanding the Court Structure 5
E. What is jurisdiction? 8
F. Understanding the nature and function of 9courts in India
PART TWO
Criminal Law and Procedural Frame work in India 13(Concepts, Problems and Solutions)
A. Understanding Criminal law in India - An Outline 13
B. Burden of proof 14
C. Classification of Offences 14
D. First Information Report (F.I.R) 15
What is the objective of an F.I.R? 15
Who can lodge an F.I.R? 15
Who can write the F.I.R? 16
What are the essentials of an F.I.R (11 Ws) 17
Description of Culprits in F.I.R 17
What about F.I.R on telephone or telegram? 17
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What if we delay in lodging F.I.R.? 18
What could be possible reasons of Delay? 19
Can your later version become an F.I.R? 20
What if an accused person lodges an F.I.R himself ? 20
What is the evidentiary value of F.I.R 21
What happens to the F.I.R finally? 22
What is the format of information in case of 22Non-cognizable offence (NCR)?
What is the difference between Complaint 22and F.I.R?
Comparison chart of what an F.I.R. is and 23what is not an FIR?
DO’S AND DON’TS 23
What action can be expected from the police 25in a non-cognizable offence?
What does police do when complaints are doubtful? 25
What if you furnish false information? 26
What if a policeman records your F.I.R. wrongly? 27
Annexure 1 (Format of the F.I.R ) 28
E. Investigation 29
F. After Investigation 31
What is summary closure? 31
G. Bail ( problems and solutions) 32
a) What is Bail
b) When Bail can/cannot be granted?
c) What is to be done when the court wrongly grants bail?
H. Arrest 32
Pre-Arrest 33
During –Arrest 34
Post- Arrest 37
iv
Special Rights for Women and Children 37
Things to be remembered 38
Before Arrest 38
Guidelines during Arrest 39
During and After Arrest 39
In case of Arrest of Women 43
Rights of the arrested person 44
I. Detention 45
J. The Trial ( problems and solutions) 45
K. Limitation 46
L. Prisoner's Rights/ Rights of Under trial 47
M. Right to Legal Aid 47
Criteria for availing Legal Aid 48
A. What is the source of Right 49
B. Duties of the Police and the Courts 49
C. Services offered by the Legal Services Authority 50
D. When can Legal services be rejected? 50
E. Who is entitled to free legal aid? 50
F. When can the legal services be withdrawn? 51
G. The process of law or of legal service- 51Cases for which legal aid is not available
H. Recovery of the Aid 51
I. Whom to approach for free legal aid? 52
J. How to Approach? 52
K. Steps involved in the process: 52
L. Duties of the aided person 53
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PART THREE
Right to information 57
A. What is RTI? 57
B. How to use Right to Information 59
C. Why is it that RTI works when no other law 62has worked
D. What should I do if I do not receive 63satisfactory information?
RTI Application for cases of a pending 68work in Govt. Department
How to Locate your PIO 69
How to submit RTI fees 70(RTI Fee structure of different states)
PART FOUR
Whom to approach/Organizations/Individuals 77to be contacted
A. The National Human Rights Commission (NHRC) 77
Format for filing a complaint with the NHRC 77
Guidelines on how to file complaint with the NHRC 78
Understanding the National Human Rights Commission 80
1. How are human rights defined in the 80Protection of Human Rights Act, 1993?
2. What functions have been assigned 80to the Commission under the Act?
3. What powers have been vested with 81the Commission relating to inquiries?
4. Does the Commission have its own 82investigation team?
5. Is the Commission Autonomous? 82
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6. How does the Commission inquire into complaints? 82
7. What steps are open to the Commission 83after inquiry?
8. What procedure is prescribed under the 83Act with respect to armed forces?
9. Can the complaint be in any language? 83
10. What kind of complaints are not entertained 84by the Commission?
11. What is the responsibility of the authority/ 84State/Central Governments to which reports?
What are the kinds of issues on which complaints 84have been received?
What has been focus of the Commission's Working? 85
What are its major initiatives? 86
What is the composition of the Commission? 88
Where is the Commission located and 88what are its contact numbers?
Demonstration of the web page: Format 89for filing online complaints
Contact Details of State Human Rights Commissions 90
The National and the sate commission 92for minorities
Contact Details of State Minority Commissions 93
National Commission for Women 96
The Mandate of the Commission 96
Complaints and Counseling Cell 98
Legal Cell 99
Parivarik Mahila Lok Adalat (PMLA) 99An alternative justice delivery system
National Commission for Protection of Child Rights 100
Complaints on Childs Rights 103
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PART FIVE
How to File Complaints in the Press Council of India 107
1. Complaints against the Press 107
A. Time Period or filing complaints 107
B. Procedure for filing the complaint 108
C. When complaints cannot be entertained? 108
2. Complaints regarding oppression to Press freedom 108
3 Format for reporting an event or incident 112
ANNEXURE
a. Writ Petition format 115
b. Application for Legal Aid 120
c. Format Application for compensation 123
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PREFACE
The last quarter of the year 2008, witnessed two new so called anti terror laws. Notwithstanding any proposition that suggests to compromise with the security of the Nation and safety of its citizens, the potential harm that these two new legislations may bring to the vulnerable groups and victims of human rights cannot be ignored. At this juncture, one thing that can be said for sure is that the future of human rights in India is going to be complex. The country is reportedly witnessing the worst phase of human rights violations; custodial deaths, torture, inhuman conditions in jails, infringement on the freedom of press, child labour, ill treatment and harassment of women in jails and during investigations and the list of violations is endless.
The legal and institutional framework for the protection of human rights in India has drastically failed to even provide for basic respect for human rights in the country. Hopes of millions who were worst affected by the infringement of human rights are further dampened by the burdensome judicial process in India. The case files seem to rest for eternity in law courts, contributing to the scale of human rights violations, due to non access to justice. Consequently, the faith in the justice system is also being lost at an increased scale.
At this crucial juncture, the CIVIL AND HUMAN RIGHTS DEFENDER'S RESOURCE MANUAL brought about by the Association for the Protection if Civil Rights (APCR), provides a ray of hope for those dedicated to providing aid to the victims of human rights and protection of society at large from the situation of chaos and apprehension. The most important feature of this
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Resource Manual is that it provides an interface between conceptual and procedural understanding of the legal and institutional framework for the protection of civil and human rights in India.
Enriched by the immense training and capacity building experience of the APCR, I am sure this Manual will further its contribution in the field of human and civil rights and serve the greater cause for promoting the respect for human rights in the country.
Adv. Yusuf Hatim MuchhalaPresident, APCR
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FOREWORD
Through its increased involvement in training and capacity building in Human and Civil Rights in recent years, the Association for the Protection of Civil Rights (APCR) has developed an understanding that a simplified and comprehensive handbook is quintessential for the trainees. Propelled by this need, this Resource Manual is part of APCR effort to consolidate and record the collective experience of its resource persons with specific regard to conceptual and procedural understanding of human and civil rights in a way, it could be usefully utilized by the human and civil rights defenders. In addition, the Manual draws upon the experience in human rights monitoring and field work of many non-governmental organizations, individuals and humanitarian organizations.
This Manual is intended to be a further contribution to the ongoing efforts of APCR. Undoubtedly owing to the complexity of substantive and procedural criminal law and the legal framework applicable to the protection for human rights in the country, each chapter needs to be carefully taken into consideration. It is advised to develop the conceptual understanding of the basic criminal law framework in the country and then proceed on to understand the procedural aspects related to violations of civil and Human Rights. The list of do's and don'ts provides a handy checklist for any procedural requirement under the law. Basic formats and the tips for writing complaints and applications should be used in a way applicable to a particular situation. The directory of national and state nodal agencies will assist the trainee in approaching the proper forum. The Annexures in the end of the Manual can be photocopied and used as such. However in case of litigation proper guidance from a law person may be sought.
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Finally, with all modesty, I may say, as experience evolves in this relatively new endeavour of human and civil rights, numerous suggestions and ideas in the Manual will no doubt need to be incorporated, improved and applied in revised form to different situations. For this reason, an attempt will be made to make the Manual available in electronic format, so that it can more easily be modified, applied, and split into teaching modules as required in particular situations. All those who consult and use this Manual are encouraged to suggest ways in which it can be improved.
Dr. Shakeel AhmadDirector, Training Department APCR
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PART ONE
Foundation our Rights
Part One: Foundation our Rights
This part contains the topics that put forward the basic rationale and law in the country that empowers a citizen with certain rights and attempts to explain the state machinery and judiciary as the main institutions entrusted with the task of protecting the civil and human rights of citizens of India. The section attempts to explain the basic legal framework so as to strengthen the basic understanding and knowledge of a socio legal worker
A. Constitution-Fundamental Rights
Rights literally mean those freedoms which are essential for personal good as well as the good of the community. The rights guaranteed under the Constitution of India are fundamental as they have been incorporated into the Fundamental Law of the Land and are enforceable in a court of law. The Constitution of India guarantees fundamental rights to its citizens. These rights can not be taken away or infringed from the citizens except under emergency provision of the constitution itself. The most crucial provisions being, Article 19 (freedom of speech and expression), Article 20 (protection in respect of conviction of offences), Article 21(protection of life and personal liberty), Article 22 (Protection against arrest and detention in certain cases and Article 32 (right to constitutional remedies for the infringement of fundamental rights)
Fundamental rights are also aimed at overturning the inequalities of pre-independence social practices. Specifically, they have also been used to abolish untouchability and hence prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth. They also forbid trafficking of human beings and forced labor. They also protect cultural and educational rights of ethnic and religious minorities by allowing them to preserve their languages and also establish and administer their own education institutions.
Human Rights or natural rights are recognized by all the nation states as rights available to the individuals by the virtue of being born as human. All the nation states have recognized and ensured the protection of human rights. Signatory to the Universal Declaration of Human Rights, protection of human rights in India
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is addressed and strengthened under Article 21 of the constitution and Human Rights Act 1993 enabling the establishment of National and State Human Rights Commissions.
Civil rights like right to life, liberty and property are bestowed on the citizens by the nation state. The constitution and various enabling legislations in our country ensure the protection of civil rights.
B. Where the Fundamentals Rights are defined:
The Fundamental Rights are enshrined in the Part III of the Constitution of India. They guarantee such that all Indians can lead their lives in peace and harmony as citizens of India. These include: equality before law, freedom of speech and expression, freedom of association and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil rights by means of writs such as . Violations of these rights result in punishments as prescribed in the Indian Penal Code, subject to discretion of the judiciary. The Fundamental Rights are defined as basic human freedoms which every Indian citizen has the right to enjoy for a proper and harmonious development of personality. These rights universally apply to all citizens, irrespective of race, place of birth, religion, caste, creed, color or sex. They are enforceable by the courts, subject to certain restrictions. The six fundamental rights are:
1. Right to equality
2. Right to freedom
3. Right against exploitation
4. Right to freedom of religion
5. Cultural and Educational Rights
6. Right to constitutional remedies
C. Indian Judicial system
Judiciary in India is an independent structure not influenced by the legislature or the executive. Every citizen of India has the right to move to the court for the infringement of his rights or the injustice done to him, his family members or on behalf of society or community. The judicial system can be understood as follows: At the apex of the entire judicial system, exists the Supreme Court of
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India below which are the High Courts in each State or group of States. Below the High Courts lies a hierarchy of Subordinate Courts. Panchayat Courts also function in some States under various names like Nyaya Panchayat, Panchayat Adalat, Gram Kachheri, etc. to decide civil and criminal disputes of petty and local nature. Different State laws provide for different kinds of jurisdiction of courts. Each State is divided into judicial districts presided over by a District and Sessions Judge, which is the principal civil court of original jurisdiction and can try all offences including those punishable with death. The Sessions Judge is the highest judicial authority in a district. Below him, there are Courts of civil jurisdiction, known in different States as Munsifs, Sub-Judges, Civil Judges and the like. Similarly, the criminal judiciary comprises the Chief Judicial Magistrates and Judicial Magistrates of First and Second Class.
D. Understanding the Court Structure
Courts in India are divided into higher judiciary and lower judiciary. The higher judiciary consists of the Supreme Court and the High Courts. Lower judiciary consists of ordinary civil and criminal courts. Civil courts in India are established under the Civil Courts Act in each state. Due to this there is a small variation in the jurisdiction in civil matters as it is taken from the large number of central and state laws. The jurisdiction, constitution, nomenclature and structure of criminal courts are uniform as it is derived from the Code of Criminal Procedure 1973 -a Central Act. In addition to the existing set up additional courts can be created by the competent legislature.
The Indian Legal Hierarchy is of the following nature:
1. In the Metropolitan Cities on Civil Side there are Courts of Small Causes Courts and above them the City Civil Courts. On the Criminal Side there are Metropolitan Magistrates' Courts and above them the Sessions Courts.
2. In the Moffusil on the Civil Side, there are Courts of Civil Judge, Junior Division, Civil Judge Senior Division, and District Courts. On the Criminal Side there are the Courts of Judicial Magistrates and Sessions Courts.
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3. Then there are Industrial Courts, Family Courts, Co-operative Courts and various Tribunals.
4. With regard to the Corporate Sector, there is a Company Law Board constituted by the Central Government under the Provisions of Section 10E of the Companies Act, 1956 which has its Principal Bench in New Delhi and Regional Benches of Single as well as Double Members at New Delhi, Calcutta, Bombay and Madras.
5. Above all the aforesaid Lower Level Courts, Tribunals and Boards, there are High Courts in each of the States, and above the High Courts is the Supreme Court of India in New Delhi.
6. Case law is allowed: i.e. a ruling by a higher court on a specific case is binding on all lower courts if faced with an identical case.
7. Higher courts have appellate power over lower courts. The Supreme Court has the widest appellate power over any final judgment of any High Court involving interpretation of the Constitution of India and other substantive questions of law.
8. The District Courts of India are presided over by a judge. They administer justice in India at a district level. These courts are under administrative and judicial control of the High Court of the State to which the district concerned belongs
9. The highest court in each district is that of the District and Sessions Judge. This is the principal court of civil jurisdiction. This is also a court of Sessions. Sessions-triable cases are tried by the Sessions Court. It has the power to impose any sentence including capital punishment.
10. There are many other courts subordinate to the court of District and Sessions Judge. There is a three tier system of courts. On the civil side, at the lowest level is the court of Civil Judge (Junior Division). On criminal side the lowest court is that of the Judicial Magistrate. Civil Judge (Junior Division) decides civil cases of small pecuniary stake. Judicial Magistrates decide criminal cases which are punishable with imprisonment of up to five years.
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11. At the middle of the hierarchy there is the Court of Civil Judge (Senior Division) on the civil side and the Court of the Chief Judicial Magistrate on the Criminal side. Civil Judge (senior division) can decide civil cases of any valuation. There are many additional courts of Additional Civil Judge (senior division).The Jurisdiction of these addition courts is the same as that of the principal court of Civil Judge (Senior Division). The Chief Judicial Magistrate can try cases which are punishable with imprisonment for a term up to seven years. Usually there are many additional courts of Additional Chief Judicial Magistrates. At the top level there may be one or more courts of additional district and session's judge with the same judicial power as that of the District and Sessions judge.
12. Judicial independence of each court is the characteristic feature of the district judiciary. In each district there is a strong bar which ensures that courts decide cases according to law and without fear or favor. The greatest problem of district courts is that of huge backlog of cases leading to undue delay in deciding cases.
The Chart below demonstrates the Indian Legal System
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E. What is jurisdiction?
Jurisdiction is the practical authority granted to a formally constituted legal body to deal with and make pronouncements with in a defined area of responsibility.
Illustration: X a resident of Maharashtra commits a murder in Uttar Pradesh but is arrested in Maharashtra, shall be tried by the court in Uttar Pradesh with in whose territorial limits the crime has been done.
Jurisdiction and Seat of High Courts of India
Name Year of Establishment
Jurisdiction Seat
Allahabad 1866 Uttar PradeshAllahabad (Bench at Lucknow)
Andhra Pradesh 1956 Andhra Pradesh Hyderabad
Bombay 1862
Maharashtra, Goa, Dadra and Nagar Haveli and Daman and Diu
Bombay (Benches at Nagpur, Panaji and Aurangabad)
Calcutta 1862 West BengalCalcutta (Circuit Bench at Port Blair)
Chattisgarh 2000 Chattisgarh Bilaspur
Delhi 1966 Delhi Delhi
Guwahati 1948
Assam, Manipur, Meghalaya, Nagaland,Tripura, Mizoram and Arunachal Pradesh
Guwahati (Benches at Kohima, Aizwal & Imphal. Circuit Bench at Agartala & Shillong)
Gujarat 1960 Gujarat Ahmedabad
Jharkhand 2000 Jharkhand Ranchi
Jammu & Kashmir 1928 Jammu & Kashmir Srinagar and Jammu
Himachal Pradesh 1971 Himachal Pradesh Shimla
Karnataka 1984 Karnataka Bangalore
Kerala 1958Kerala & Lakshadweep Ernakulam
Madhya Pradesh 1956 Madhya PradeshJabalpur (Benches at Gwalior & Indore)
Madras 1962Tamil Nadu & Pondichery Chennai
Orissa 1948 Orissa Cuttak
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F. Understanding the nature and function of courts in India
Civil courts function as per the Civil Courts Act in each state. In each district there is a district court which ahs unlimited original civil jurisdiction over the district. The courts immediately below the district court are known as Court of Civil judges, senior division or courts of subordinate judge first class, lower in
Punjab & Haryana 1975Punjab, Haryana & Chandigarh
Chandigarh
Rajasthan 1949 RajasthanJodhpur(Bench at Jaipur)
Patna 1916 BiharPatna(Bench at Ranchi)
Sikkim 1975 Sikkim Gangtok
Uttarakhand 2000 Uttarakhan Nainital
Things to be remembered:
ÜJurisdiction is of two types territorial (limiting to a particular geographical area or boundary) and pecuniary (the power of the court to try cases up to a certain financial limit)
ÜJurisdiction of the Supreme Court extends to the whole of territory of India in civil and criminal matters
ÜJurisdiction of High Courts is operational up till the territorial boundaries of the states (e.g. High Court of Bombay can not intervene in the matters under scrutiny by the Delhi High Court
ÜDistrict and other subordinate civil and criminal courts operate on the territorial and pecuniary jurisdiction conferred on them by the state and central Acts.
ÜIt is mandatory to know that the case is to be filed with in the jurisdiction of the court where the cause of action has taken place
ÜElection petitions can only be filed in the High Court
Service matters are filed in the Administrative Tribunals under the Administrative Tribunal Act 1985
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hierarchy are Courts of Civil Judge junior division or courts of subordinate judge, second class or courts of Munsifs.
In many cases, civil and criminal jurisdiction is combined. These in the combined capacities are known as: i) Court of District and Sessions Judgeii) Court of civil and additional judgeiii) Court of Munsif Magistrate
Things to be remembered:
ÜWhile filing a suit in a competent court there are various limitations of the courts which the filing party must bear in mind. These are as follows:
i) The filing party must know the local jurisdiction of the court in which the suit is to be instituted. This can be known through the notification issued under the State Civil Courts Act constituting that court.
ii) The filing party must know the pecuniary limits of the court in which the cause of action is to be instituted. The pecuniary valuation is to be made with reference to the rules under the Suits Valuation Act.
iii) The filing party must make sure that a particular subject matter is not excluded form the proceedings of the particular court.
iv) The filing party must make sure that the procedural prerequisites, such as prior notice to the opposite party has been fulfilled.
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PART TWO
Criminal Law and Procedural Frame work in India(Concepts, Problems and Solutions)
Part Two: Criminal Law and Procedural Frame work in India
(Concepts, Problems and Solutions)
This part explains the basic framework for Criminal law in India and suggests solutions to various problems that are practically encountered by the victims of civil and human rights violations. The procedure to register a complaint, FIR, or to approach a judicial or quasi judicial body, or an International or National NGO has been simplified and presented in a user friendly manner. The information includes case laws, check-lists, information on do's and don'ts and the process ideas for court-craft. However, the manner for approaching National and Human Rights Commissions has been dealt in the last segment of the guidebook.
A. Understanding Criminal law in India - An Outline
The most important element of criminal law is that by virtue of its relief, the liberty and life of a person is at stake. Criminal law in India or elsewhere is majorly state controlled. The machinery of the state is involved in the investigation, prosecution and prevention of offences, as these are considered necessary for the prevention of law and order, which is essentially the function of the state. There are two aspects of criminal law-substantive and procedural. Substantive law consists of the offences defined under the Acts and the punishment prescribed for these offences under the provisions of these Acts. Procedural law sets out the procedure to be followed while bringing the offender to the book.
The main criminal law framework is as follows:
1. Indian Penal Code - it is a codified law of offences and prescribes the penalty for them. Major categories of offences prescribed are offences against the state, offences by or relating to public servants, offences relating to elections, offences against public justice, offences affecting public health, safety and morals, offences affecting the human body, offences against property and offences relating to documents.
2. Criminal Procedure Code - the code provides for the procedure for investigation and trial of offences. The Code classifies offences into two categories, cognizable offence
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and non cognizable offence. For cognizable offence the police officer may arrest the officer without warrant. For non cognizable offence a person can not be arrested without an arrest warrant.
3. Indian Evidence Act - it is common to both civil and criminal trials and provides for the rules for the evidence in the trials.
B. Burden of proof:
In a criminal case the state continues the prosecution even if the victim is not willing to pursue it further. The nature of relief also demands a more stringent proof said as “beyond reasonable doubt.” “Presumption of innocence” is the cardinal principle of criminal law, which says every person is innocent unless proved guilty. Thus the onus of proof lies on the prosecution to prove the case of the accused. The burden of proof in criminal law shifts the accused only after prosecution has proved its case.
C. Classification of Offences:
Cognizable, on cognizable, bailable, non bailable, compoundable, non compoundable
1. Cognizable Offence:
These are the offences of serious nature where the police can arrest without warrant. These are the crimes against the state hence the state undertakes the responsibility of prosecuting the offender, state being the representative of the public in general in order to prevent the disruption of peace, law and order. Cognizable offences are listed in the first scheduled of the Code of Criminal Procedure. Examples of these are murder, rape, theft, rioting, robbery, and sedition. Generally offences punishable with three years or more imprisonment are cognizable. Certain offences against public order are also cognizable though they are not punishable severely.
Procedure followed when the police arrests an accused for cognizable offence:
The police officer may arrest the offender without a warrant. The police must forward the suspect to the nearest magistrate with in 24 hours. The magistrate
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2. Non Cognizable Offence:
These are the offences in which the police do not have the power to investigate or arrest without warrant. These are the offences of petty nature and are in the nature of private wrong than a public wrong. The victim has to bring in the prosecution in these cases personally and the state is not the prosecutor.
D. First Information Report (F.I.R)
FIR is the information given to a police officer, in the form of a complaint or accusation, regarding the commission or suspected commission of an offence for which the police officer may arrest the offender without warrant. It is recorded under section 154 (1) of Cr P.C. (Format for FIR is given as Annexure 1)
What is the objective of an F.I.R?
The main objective of a FIR is to make a complaint to the police to set the criminal law in motion. It's secondary though equally important objects are to obtain early information of an alleged criminal activity.
Who can lodge an F.I.R?
1) Complainant who is an aggrieved person or some body on his behalf.
2) By any person who is aware of the offence (a) as an eye witness and (b) as an hearsay account.
3) Provided the person in possession of the hearsay is required to subscribe his signature to it and mention the source of his
determines the legality of arrest and detention. The magistrate may authorize the detention till the investigation procedure is complete for a period not exceeding 15 days (Remand). The magistrate may also authorize pre trial detention of a suspect in a judicial custody for a period not exceeding 90 days (judicial remand). This detention is given mainly in respect of offences punishable with death/life imprisonment or imprisonment for not less than 10 years and 60 days in respect of other offences. The suspect can be released on bail at any stage. On completion of investigation, the police submit the charge sheet to the public prosecutor with reports and documents. The case is prosecuted by the public prosecutor.
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information so that it does not amount to irresponsible rumour. The rule of law is, if general law is broken any person has a right to complain whether he has suffered an injury or not.
(a) By the accused himself.
(b) By the SHO on his own knowledge or information even when a cognizable offence is committed in view of a officer incharge he can register a case himself and is not bound to take down in writing any information. Under the order of Magistrate uls 156 (3) Criminal Procedure code, when a complaint is forwarded to officer incharge without taking cognizance. If information is only hear say, then SHO should register case only if person in posses- sion of hearsay subscribes his signature to it and mentions the source of his information so that it does not amount to irresponsible rumour. The information must be definite, not vague, authentic, not baseless, gossip or rumour, clearly making out a cognizable case.
4) The information is only by a medical certificate or doctor's ruqqa about arrival of the injured, then he (SHO) should enter it in daily diary and go to hospital for recording detailed statement of injured.
Who can write the F.I.R?
1) A FIR is always to be -written by an officer in charge of a Police Station. (Definition of officer in charge is given in Sec. 2 Criminal Procedure Code).
2) Police officers superior in rank to officer in charge of a police station may exercise the same powers through the local area to which they are appointed, as may be exercised by SHO with in the limits of his Police Station.
3) Some times it so happens that the information is given by the informer to a police officer who is out in the illaqa or to an in charge of a local police post. Strictly speaking the officers are not officers incharge of a police station and such information lodged with them are not. reports. These
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officers record the statement of the informers and send the same on to the SHO of a Police Station for recording F.I.Rs. These statements are however admissible U/ S. 157 Evidence Act.
4) Jurisdiction is an essential factor in registering a FIR.
What are the essentials of an F.I.R (11 Ws)
The recording officer and the complainant should know to the extent possible, the 11 Ws while recording/reporting the FIR.
1. What information has come to convey
2. In what capacity
3. Who committed crime
4. Whom against crime committed.
5. When (Time)
6. Where (Place)
7. Why (Motive)
8. Which way (actual occurrence)
9. Witness
10. What was taken away
11. What traces were left by the accused?
Description of Culprits in F.I.R
The recording officer should try to fix clearly the identity of accused, the P.Ws. and of the stolen property, (to the extent possible).
What about F.I.R on telephone or telegram?
Legally a case may not be registered as
(a) As there is always a doubt in its authenticity
(b) as it does not satisfy the tests of Section 154 Criminal Procedure Code being not an oral statement reduced into writing; read over, admitted correct and signed by the informer. Message to the police
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on telephone that an injured person was lying amount to FIR (Sukharam Vs. State of Maharashtra (1969) 3 SCC, 730.
On receipt of telegram in railways case may be registered. Normally enquiry should be made and on receipt of an original telegram which contains the thumb impression or signatures, case may be registered.
Officer in charge should begin to write FIR in the First Information Report Register at the dictation of the informer. According to para 24.5 Punjab Police Rules, the register shall be a printed book consisting of 200 pages and shall be completely filled in before a new one is started. Cases shall bear annual serial number in such Police Station for each calendar year. Every four pages of the register shall be numbered with the same number and shall be written at the same time by carbon copying process. The original copy shall be a permanent record of Police Station. The other three copies shall be submitted to (a) Superintendent of Police or Deputy Commisioner of Police or other Gazetted Officer nominated by him (b) to the Metropolitan Magistrate empowered to take cognizance of the offence as is required by Sec. 157 Criminal Procedure Code. (c) one to the complainant. The seal of the Police Station shall be put on every copy and original.
If an informer refuses to sign the F. I. R. he is guilty of offence u/ s 1 80 Indian Penal Code which is as follows:
'Whoever refuse to sign on any statement made by him, when required to sign that statement by a public servant, legally competent to require that he shall sign that statement, shall be punished with simple imprisontment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both".
If the Police Officers refuses to enter the FIR and instead enters in D.D. Register a totally different and false report, he is guilty u/s 177/167/218 IPC
What if we delay in lodging F.I.R.?
The longer the delay, the stronger the suspicion. That the case is false wholly or in material particulars, so the delay should satisfactorily be explained.
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(1) Care should always be taken that the names of witnesses are mentioned in F.I.R. if the names of P.Ws do not appear in it and they are examined later on, the presumption is that they were not present at the spot and have been procured later on.
(2) Care should be taken that all the material facts are mentioned in FIR(as much available at that time).
(3) Names of the accused persons should occur in F.I.R, and their parts also. (If information is available at that time).
(4) It is not necessary to put up or cite all the P.Ws. in court.
What could be possible reasons of Delay?
Note: Reasons of the delay on the part of complainant is mentioned as "DOC". Reasons of the delay on the part of police is mentioned as "DOP".
1. Physical condition of the informer (DOC).
2. Psychological condition of the informer (DOC).
3. Natural calamities (Both).
4. Distance of place of occurrence (Both).
5. Ignorance of law of informer.(DOC).
6. Late detection of commission of crime (DOC).
7. Due to threat, promise and undue influence (DOC).
8. Economic & social and undue influence (DOC).
9. Dispute over the jurisdiction of Police Station (DOP).
10. Uncertainty of place of occurrence due to continuous offence (DOP)
11. Shortage of staff (DOP).
12. Unavoidable departmental formalities (including delay due to opinion of experts ) (DOP).
Reasons of delay should be explained in the FIR.
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Can your later version become an F.I.R?
Any information forming the basis of F.I.R. is found untrue and the later version given during investigation is found true and challan is put on that basis, can the later version given in some statement 'F.I.R' is?
The answer is "No". FIR will remain the same on which the investigation was started. The later statement being during investigation, even if found true cannot become F.I.R
What if an accused person lodges an F.I.R himself ?
Sometimes it so happens that accused after commission of crime goes to Police Station and lodges an F.I.R, the procedural legal provision as well as the Indian Evidence Act are mentioned as under:-.
1. Sec.162 Criminal Procedure Code. does not hit such F.I.R.
2. Sec.25 Indian Evidence Act, is applicable if the statement is in the nature of confession but is relevant u/s 21 of the Indian Evidence Act..
3. Sec.25 of the Indian Evidence Act "No confession made to a Police Officer shall be proved as against a person accused of any offence may it be before or after investigation."
4. If the information is non-confessional, it is admissible against the accused as an admission U/S 18/21 of the Indian Evidence Act and is relevant.
5. For corroborating the statement of the maker under section 157 of the Indian Evidence Act.
6. For contradiction of the evidence of person giving the information U/S 145 of the Indian Evidence Act.
7. For refreshing informers memory U/S 159 of the Indian Evidence Act.
8. For impeaching the credit o f an informer U/S 155 of the Indian Evidence Act.
9. For proving the informers conduct U/S 8 of the Indian Evidence Act.
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10. U/S 32(1) of Indian Evidence Act (Dying declaration)
11. U/S 6 Evidence Act when the injuries are being caused in the presence of SHO in a Police Station.
12. U/S 160 Evidence Act when the informer fails to recall his memory the facts, but he is sure the facts were correctly reported in the FIR at the time he wrote, read it.
13. FIR is a public document prepared U/S 154 Criminal Procedure Code and a certified copy of it can be given in evidence U/S 77 of Indian Evidence Act.
14. The FIR by an accused person cannot be treated as an evidence against any co-accused, as it was lodged by the accused and not by a witness.
But if information is received that injured had been shot and had been removed to Hospital, it is sufficient for registration of case.
As such every case depends upon its own circumstances and the police officer should exercise his own judgement and diligence to test the information if it is clear, definite and based upon tangible facts to disclose commission of cognizable or suspicion of commission of a cognizable offence.
What is the evidentiary value of F.I.R
FIR being not substantive piece of evidence it can be used in the following ways : -
1. For corroboration purposes, it can not be ignored altogether and can be used to corroborate the statement of the eyewitnesses.
2. For contradicting the evidence of person giving the information.
3. For proving as an admission against the informer.
4. For refreshing informer's memory.
5. For impeaching the credit of an informer.
6. For proving informer's conduct.
7. For establishing identity of accused, witnesses & for fixing
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spot time as relevant facts u/s 9 Evidence Act. Cases : 1968 M.P. 45.
What happens to the F.I.R finally?
1. When there is sufficient evidence a CHALLAN is prepared.
2. When there is insufficient evidence, F.I.R is declared as UNTRACED.
3. When FIR is found to be false or is transferred to other Police Station on point of jurisdiction, it is decided as CANCELLED.
4. After registering the FIR the contents of the FIR can not be changed. Only High Court can quash the FIR.
What is the format of information in case of Non-cognizable offence (NCR)?
What is the difference between Complaint and F.I.R?
FORMAT OF INFORMATION IN RESPECT OFNON-CONGIZABLE OFFENCE (N.C.R)
Under Section 155 Criminal Procedure Code
Book No.______________ Page No.___________
S.No. Thana District Date Time Reason
1. Date & Time of Report
2. Name & Residence of Complainant
3. Description of offence with Section
4. Direction of occurence time & date
5. Name and Full address of witness
Complaint
1. Made before the Metropolitan Magistrate.
2. Complaint can be of cognizable or Non-cognizable offence.
3. Only aggrieved person submit complaint ul s 195, 198 199 Cr. P.C.
FIR
1. Made before the SHO
2. FIR lodged in Congnizable offences.
3. Any person, who has a knowledge of the happening of cognizable offence.
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Comparison chart of what an F.I.R. is and what is not an FIR? (Sec.154. Criminal Procedure Code, 1973)
From the above, the following ingredients can be made out:
1) It must be information relating to the commission of a cognizable offence.
2) It must be given to an officer-in-charge of a police station.
3) It must be reduced to writing, if given orally.
4) It should be appended by the signature of the informer (Refusal to sign the report is punishable u/s 180 IPC).
5) It should be read over to the informer.
6) The gist of the information should be entered in the Station General Diary.
7) A copy should be given forthwith free of cost to the informer.
Informer must be produced in the court to prove and corroboration of it.
DO’S AND DON’TS
F.I.R. is
1. Infor mat ion re l a t ing to cognizable crime.
2. Given to the officer-in-charge of Police Station.
3. First in Time.
4. Written or oral.
FIR is Not
1. Rumour, gossip or hearsay.
2. Telegram.
3. Telephonic message.
4. Information not given to officer-in-charge of police station.
5. Anonymous communication
DO’S
1. FIR should be lodged immediately.
2. It should be recorded in first person.
3. Attitude/Behavious towards the vicitirn should be
DON'T’S
1. Complainant should not be puzzled.
2. Harsh language should not be used.
3. Aggression should be avoided.
4. Unnecessary details should be
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sympathetic.
4. Technical words should be avoided and as far as possible language of the informer/ complainant should be used.
5. Written complaint should be taken.
6. But complainant should be at descrect to give written statement.
7. Written statement should be duly signed or thumb impressioned.
8. Only a report of congnizable offence should be lodged in FIR.
9. Authentic information should be mentioned in FIR.
10. Place, Date & Time of occurrence should be mentioned in the FIR.
11. Arrival & Departure of the informer should be mentioned in the FIR as well as Daily Dairy Register.
12. Delay, if any, in registering the case should be covered in FIR.13. 1 1 "Ws' should be strictly followed.
14. Description & Role of every accused involved in the Commission of offence should be covered in FIR.
15. Kind of physical damage & property destroyed should be mentioned in the FIR.
16 Weapon of offence and observation of Scene of crime should be mentioned in the FIR.
17. Telephone number, if any, of the complainant should also be mentioned.
18. Four copies of FIR should be
avoided.
5. Over-writing/ scoring should be avoided.
6. Offence should not be minimized.
7. Do not forget to take thimb impression or signature of the informer.
8. FIR should not be lodged on the basis of telephone telegram or hearsay rumour without verifying the facts and getting the signature of the informer/complainant.
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What action can be expected from the police in a non-cognizable offence?
1. The information regarding non-cognizable offence ought to get lodged in the Daily Diary Register.
2. Complainant ought to get advised & briefed properly to approach the Court.
3. Police officer can not investigate into the Non-cognizable cases without the order of the court hence complainant should be informed.
4. A copy of DD entry duly signed ought to be provided to the complainant free of cost.
5. If orders regarding investigation into non-cognizable cases are received the same procedure should be adopted as in the cognizable cases.
6. Orders of the court should be obtained to arrest the accused in Non cognizable cases after the investigation
7. If one of the offences in the commission of crime is cognizable office then Non-cognizable offence should also be investigated in the same manner (as cognizable offences are investigated.
What does police do when complaints are doubtful?
In accordance with P.P.R. 24.4 if the information or other intelligence relating to the alleged commission of a cognizable offence is such that an officer-in-charge of the police station has
prepared simultaneously by carbon paper process.
19. FIR should be lodged in neat & clean hand writing and be kept in safe custody being a permanent record.
20. A copy of FIR should be sent to MM concerned immediately.
21. A copy of FIR should be provided to the complainant free of cost.
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reason to suspect that the alleged offence has not been committed, he shall record the same in the station diary along with his reasons for not investigating the crime and also nullify the informer.
(i) Inspector or Supervising Officer can direct the investigation in such case and may send the report to the District Magistrate for perusal and order.
(ii) If such information or intelligence relates to commission of offence uls 489 IPC, the same shall be recorded uls 154 Criminal Procedure Code. in the station diary as well as the special report as per P.P.R. 24.16 shall be submitted and also the source of movement of the note at which cognizable offence appears to have been made committed, in that case, a case shall be registered in the police station concerned and investigation u/s 157 Criminal Procedure Code
What if you furnish false information? See. 177 IPC Furnishing false information
'Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, shall be punished with simple imprisonment for a term which may extend to six months.' or with fine which may extend to one thousand rupees, or with both.
Or, if the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing the corn mission of an offence, or in order to the apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both".
Sec. 182 IPC: "False information with intent to cause public servant to use his power to the injury of another person.
'Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant
(a) to do or omit anything which such public servant ought not
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to do or omit if the true state of facts respecting which such information is given were known by him, or
(b) to use the lawful power of such public servant to the injury or annoyance of any person shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
What if a policeman records your F.I.R. wrongly? Sec. 167 IPC: Public servant disobeying law, with intent to cause injury to any person.
Whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document, frames or translates that document in a manner which he knows or believes to be incorrect, in- tending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both'.
Sec.218 IPC: - Public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture.
Whoever, being a public servant, and being as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
If the informer gives false report, he is liable to be prosecuted u/s 182 or 211 IPC which are as follows:
Sec. 166 IPC: Public servant disobeying law, with intent to cause injury to any person.
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“Whoever, bring a public servant, knowingly disobeys any direction of law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
Sec. 217 IPC: Public servant disobeying direction of law with intent to save person from punishment or property from forfeiture. "Whoever , being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Annexure 1
Format of the F.I.R
Book No ___________
FORM NO. 24.5 (1)FIRST INFORMATION REPORT
First Information of a Cognizable Crime Reported under Section 154, Criminal Penal Code
Police Station.................................... District.............................. No..................
Date and hour of Occurrence.....................
1. Date and hour when reported
2. Name and residence of informer and complainant.
3. Brief description of offence (with section) and of property carried off, if any.
4. Place of occurrence and distance and direction from the Police Station.
5. Name & Address of the Criminal.
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E. Investigation
Investigation is the process to investigate and ascertain the evidence of commission of offence by discovering the actual facts and circumstances of a case. These facts are important for arresting the accused.
a. What constitutes investigation?
An investigation comprises of:
i. Proceeding to the spot of commission of offence
ii. Ascertaining the facts and circumstances of the case
iii. Discovery and arrest of the suspected offender
iv. Collection of the evidence relating to the commission of the offence. This may consist of:
- An examination of various persons including the accused and recording of their statements
- The search of places, seizure of things considered necessary for the investigation and to be produced at the time of trial
v. Ascertaining the fitness of the case for the trial purposes, and if so taking steps to file a charge sheet
Investigation depends on case to case comprising of several stages and may be a lengthy process depending on the facts and circumstances of the case. It starts from registration of the first information report (FIR), then the on the basis of substantial
6. Steps taken regarding investigation explanation of delay in regarding information.
7. Date and Time of dispatch from Police Station.
Signature.......................
Designation................................
(First information to be recorded below)
The signature of seal or thumb impression of the informer should be at the end of the information and the signature of the Writer of (FIR) should be existed as usual.
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suspicion and surrounding evidence arrest of the accused takes place. It is important to note that the police have the right to arrest anyone suspected of having committed the offence even if the FIR does not name the accused, irrespective of whether there are any eye witnesses to the offence or not.
GUIDELINES OF THE SUPREME COURT IN DK BASU CASE – An important tool to prevent the abuse of the powers by the police to arrest and check illegal detention and custodial torture-
Though these guidelines have been incorporated in the CRPC under Section 50 A, It is instructive here to reiterate the same in the interest of stake holders of this manual. This is also to give a simple understanding of the legal provision. The Guidelines are as follows:
1. Every police officer or other person making any arrest under this Code shall forthwith give the information regarding such arrest and place where the arrested person is being held to any of his friends, relatives or such other persons as may be disclosed or nominated by the arrested person for the purpose of giving such information
2. The police officer shall inform the arrested person of his rights under subsection (1) as soon as he is brought to the police station
3. Any entry of the fact as to who has been informed of the arrest of such person shall be made in the book to be kept in the police station in such form as prescribed in this behalf by the State Government.
4. It shall be the duty of the magistrate before whom such arrested person is produced, to satisfy himself that the requirement of subsection (2) and subsection (3) have been complied with in respect of such arrested person
An arrested person can not be detained in custody by the police officer beyond a period of 24 hours. If the police officer desires further custody he has to produce the accused before the magistrate and obtain a remand which may not exceed a period of 15 days. Application for such remand has also to be made to the magistrate.
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F. After Investigation
After the investigation is complete the final report is submitted to the magistrate along with documents and proofs. If in the belief of investigating officer no offence has been committed under IPC he will file the closure report. Such closure report filed by the Magistrate is not the final word. The Magistrate can order for the reexamination of the case.
What is summary closure?
In cases where police itself is the informant in the FIR, and after the hearing the Magistrate refuses to take the cognizance of the offence, the case is said to be summarily closed. The following are the grounds for summary closure:
Things to be remembered:
1. An accused cannot be said to be a witness against himself. The confession made by him can not be said to be self incriminatory.
2. Law does not provide protection from a voluntary statement other than confession made to a police officer which may ultimately turn out to be incriminatory.
3. If the investigating officer is biased make the complaint to the magistrate and for the transfer of investigation from police to Central Bureau of Investigation (CBI).
4. If investigation is incomplete and unsatisfactory, request the magistrate for ordering further investigation or make an application for reinvestigation
5. In case where evidence has been destroyed due to natural reasons or is no longer available, there is no practical solution to if evidence is missing or has been destroyed due to passage of time. All that is to be done is to ensure that due care was take to collect all the evidence by the police.
6. Do not forget to collect the copy of the charge sheet and challenge any false or additional charges
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?The offence has been committed but the accused is either unidentified or is absconding
?The complaint filed is found to be false
?The case is of a civil and not criminal nature
?The offence is non cognizable
G. Bail ( problems and solutions)
a) What is Bail
Bail simply refers to the release of the accused before trial. The defence makes an application for bail which the prosecution can oppose. If bail is granted, the accused is free from custody but is expected to attend court. There are bailable offences like rioting, and non bailable offences like murder. In murder bail may be granted at the discretion of the magistrate.
Under Indian criminal law, there is a provision for anticipatory bail under Section 438 of the Criminal Procedure Code. This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence.
b) When Bail can/cannot be granted?
Bail can not be granted to a person where thee are reasonable grounds to believe that the person is guilty of an offence punishable with death or life imprisonment.
c) What is to be done when the court wrongly grants bail? ( due to bias or charge sheet omits charges)
When court acts on bias it is advised to collect the copy of the chargesheet and chack whether the charges have been correctly framed and whether it includes all the charges against the accused. An attempt should be made to collect all the material evidences for the charges that have been deliberately excluded as a question of fact and should be brought before the court.
H. Arrest
An arrest is the act of depriving a person of his or her usually in relation to the investigation and prevention of crime. Arrest
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commences with the restraint placed on the personal liberty of the accused. The actual time recorded by the police officer for showing arrest is immaterial. The stipulation of 24 hrs under Article 22(2) applies from the moment the liberty of the person is restrained.
Given below are the thumb rules to be remembered while dealing with a situation of Arrest. In order to facilitate the understanding, the issues regarding arrest have been divided into three situations viz; Pre-Arrest, During Arrest, After Arrest. These Practical issues that are practical and are faced by the victims are also addressed by the Supreme Court of India in the Joginder Kumar's case- (1994) 4 SCC 260).
Pre-Arrest
This section summarizes the steps to be taken before arrest is made or if there is a probability of arrest
1. The Police have the power to arrest without a warrant only in a situation when there is reasonable satisfaction reached, after some investigation, as to the genuineness and bonafides of a complaint and a reasonable belief as to both the person's complicity as well as the need to effect arrest. [Joginder Kumar's case- (1994) 4 SCC 260).
2. The Police cannot exercise powers of arrest without a warrant merely because it is vested with certain powers, whether the power of arrest has been exercised reasonably and was justified can be challenged in the court of law
3. The power exercised by Police to arrest without warrant may be justified in one or other of the following circumstances
(i) The case involves a grave offence like murder, dacoity, robbery, rape etc. and it is necessary to arrest the suspect to prevent him from escaping or evading the process of law.
(ii) The suspect is given to violent behavior and is likely to commit further offences.
(iii) The suspect requires to be prevented from destroying evidence or interfering with witnesses or warning other suspects who have not yet been arrested.
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(iv) The suspect is a habitual offender who, unless arrested, is likely to commit similar or further offences. [3rd Report of National Police Commission]
4. The Supreme Court has observed that Except in heinous offences, as mentioned above, an arrest must be avoided if a police officer issues notice to the person to attend the police station and not leave the station without permission. (see Joginder Kumar's case (1994) SCC 260).
5. The Supreme Court has observed that power to arrest must be avoided where the offences are bailable unless:
i) There is a strong apprehension of the suspect absconding
6. Human and Civil Rights Defenders should be vigilant to ensure that Police officers carrying out an arrest or interrogation should bear clear identification and name tags with designations. The particulars of police personnel carrying out the arrest or interrogation should be recorded contemporaneously, in a register kept at the police station.
During –Arrest
This section summarizes the steps to be taken at the time when arrest is made
1. The Human and Civil Rights defenders should know that there is a rule laid down by the Supreme Court against the use of force while arrest is made. As per this rule the Police officer should avoid use of force while effecting arrest. However, in case of forcible resistance to arrest, minimum force to overcome such resistance may be used. However, care must be taken to ensure that injuries to the person being arrested, visible or otherwise, is avoided.
2. The Police while arrest can not offend the dignity of the person. It should be protected. Public display or parading of the person arrested is not permitted at any cost.
3. The law provides that the search of the arrested person must be done with due respect to dignity and decency of the
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person without force or aggression and with care for the person's right to privacy.
4. Searches of women should only be made by other women with strict regard to decency. (S.51 (2) CrPC
5. The use of handcuffs or leg chains should be strictly avoided and if at all, it should be resorted to strictly in accordance with the law repeatedly explained and mandated in judgement of the Supreme Court in Prem Shanker Shukla v. Delhi Adminstration [(1980) 3 SCC 526] and Citizen for Democracy v. State of Assam [(1995) 3 SCC 743].
6. Human and civil rights defenders should note that women police officers should be associated where the person or persons being arrested are women. The arrest of women between sunset and sunrise should be avoided as per the Supreme Court's Orders
7. Where children or juveniles are sought to be arrested, no force or beatings should be administered under any circumstances.
8. The role of the Human and civil rights defenders becomes crucial where the arrest is without a warrant. As the person arrested has to be immediately informed of the grounds of arrest in a language which he or she understands, the police have been advised to take help of respectable citizens in such cases. The defender should take active role in explaining the grounds of arrest.
9. The Human and civil rights defender should ensure that the same grounds of arrest as have been explained to the person are recorded in writing in police records. The person arrested should be shown the written reasons as well and also given a copy on demand. (S.50 (1) CrPC.)
10. It is the right of the arrested person to inform his/her friend, relative or other person known to him be informed of the fact of his arrest and the place of his detention. The police should record in a register the name of the person so
35
informed
11. If a person is being arrested for a bailable offence, the police officer should inform him of his entitlement to be released on bail so that he may arrange for sureties. (S.50 (2) CrPC.)
12. Apart from informing the person arrested of the above rights, the police should also inform him of his right to consult and be defended by a lawyer of his choice. He should also be informed that he is entitled to free legal aid at state expense [D.K. Basu's case (1997) 1 SCC].
13. Attention Human and civil rights defenders! The Police must inform the arrested person of his right to be medically examined on demand. When a person arrested is brought to the police station, if he makes a request in this regard, be given prompt medical assistance. He must be informed of this right. Where the police officer finds that the arrested person is in a condition where he is unable to make such request but is in need of medical help, he should promptly arrange for the same. This must also be recorded contemporaneously in a register. The female requesting for medical help should be examined only by a female registered medical practitioner. (S.53 CrPC)
14. Information regarding the arrest and the place of detention should be communicated by the police officer effecting the arrest without any delay to the police Control Room and District / State Headquarters.
15. If the arrestee has been remanded to police custody under the orders of the court, the arrestee should be subjected to medical examination by a trained Medical Officer every 48 hours during his detention in custody by a doctor on the panel of approved doctors appointed by Director, Health Services of the concerned State or Union Territory. At the time of his release from the police custody, the arrestee shall be got medically examined and a certificate shall be issued to him stating therein the factual position of the existence or nonexistence of any injuries on his person.
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Post- Arrest
This section summarizes the steps to be taken at the time when arrest is made
1. The person under arrest must be produced before the appropriate court within 24 hours of the arrest (Ss 56 and 57 Cr.PC).
2. The person arrested should be permitted to meet his lawyer at any time during the interrogation.
3. The interrogation should be conducted in a clearly identifiable place, which has been notified for this purpose by the Government. The place must be accessible and the relatives or friend of the person arrested must be informed of the place of interrogation taking place.
4. The methods of interrogation must be consistent with the recognised rights to life, dignity and liberty and right against torture and degrading treatment.
Special Rights for Women and Children
Special Rights for Women
«A woman can be searched, only by another woman with strict regard to decency. (Section 51 and 100 CrPC)
«Any female occupant, who as per custom does not appear in public and not being the person to be arrested, has to be afforded reasonable opportunity to withdraw before entering a place for arresting a person who may be hiding there. (Sec. 47 CrPC)
«No male under the age of 15 years or a woman can be summoned by police as witnesses to depose about the facts and circumstances in a case under investigation at any place other than the place in which such male person or woman resides. (Sec. 160 CrPC)
«Nothing is an offence which is done by a child under seven years of age. (Sec. 82 IPC).
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Special Rights for Children
Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct on that occasion. (Sec.83 IPC)
The Juvenile Justice (Care and Protection of Children) Act, 2000 prohibits
«Lodging of children in jails and police lock-ups and lays down procedures including norms for investigation and trial in cases of juvenile crimes
«Publication of names and other details of juveniles who are involved in any proceeding under the Act
«Trial of juveniles with adults
It provides that in matters concerning bail normally a juvenile shall not be denied bail. It also sets out procedure for rehabilitation and social reintegration of children.
Things to be remembered:
Before Arrest:
¦No arrest can be made because it is lawful for the police officer to do so.
¦The police officer must be able to justify the arrest apart from his power to do so.
¦No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person.
¦When a junior officer is deputed to arrest a person without a warrant, the SHO must give a written order specifying the person to be arrested and the grounds of such arrest. The deputed officer has to notify the substance of the order to the person being arrested and if the person wants to see the order, even show her/him the order of arrest.
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Guidelines during Arrest:
¦Police officers, carrying out arrest or interrogation must bear accurate, visible and clear identification and name tags with their designations.
¦An arrested person must be informed as soon as possible about the grounds of arrest and her/his right to be represented by a lawyer.
¦The particulars of the officers handling arrest and interrogation must be recorded in a register.
¦The police officer while arresting a person must make a memo of arrest, which should be attested by at least one witness who is either a family or a respectable member of the locality. The arrested person should also sign the memo and a copy of the memo should be given to her/him
During and After Arrest:
¦Reasons for arrest and complete description of the arrested person must be recorded in the case diary.
¦That the police officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may either be a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be countersigned by the arrestee and shall contain the time and date of arrest
¦An arrested person must be produced before the court within twenty-four hours of arrest.
¦In case a person is arrested for a bailable offence s/he must be informed about her/his right to get bail.
¦An arrested or detained person is entitled to inform a friend, relative or any other person interested in
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her/his welfare about the arrest and place of detention as soon as practicable. The arrested person must be made aware of this right as soon as s/he is arrested or detained.
¦An entry must be made in the diary at the place of detention indicating the person to whom information of arrest has been given and also the names of the persons in whose custody, the arrested person is being kept.
¦A friend or relative of the arrested person must be notified by the police about the time, date, place of arrest and the place of custody. If that relative or friend lives outside the district or town, information should be communicated telegraphically within 8-12 of the arrest through the District Legal Aid Organisation and the concerned police station.
¦Fetters or handcuffs are not be used as a matter of routine or for convenience of the arresting or escorting officer.
¦The police should not handcuff a person merely to humiliate or harass her/him. The arrested person should not be handcuffed unless there is a clear and present danger of her/him escaping and s/he is:
a) involved in serious non-bailable offences and has been previously convicted of a crime; or
b) is of desperate character; or
c) is likely to commit suicide; or
d) is likely to attempt escape.
¦If for any reasons the use of handcuffs is resorted to, such reasons should be recorded in the Daily Diary Report. An accused person must not be handcuffed to and fro from custody to the court, without permission of the magistrate.
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¦Handcuffing is not necessary to prevent a prisoner from escaping. There are other ways to prevent escape of persons in custody such as increasing the strength of the armed escort or transporting them in well-protected vans.
¦The officer conducting the search of an arrested person should prepare a memo of articles seized. A copy of the memo should be given to the arrested person.
¦Arrested persons should be held only in officially recognised places.
¦Care should be taken to ensure the safety and well being of the detained person. Proper arrangements must be put in place to provide subsistence, shelter and toilet facilities to those in custody. Detained persons should be provided with adequate food, shelter, clothing as well as easy access to medical services, exercise and items of personal hygiene.
¦While a police officer can get an arrested person medically examined by a registered medical practitioner to get evidence about the commission of an offence, she/he must ensure that examination of women and girls should only be carried out by a woman medical practitioner.
¦The substance of the medical examination report should be entered in the police station diary. All major and minor injuries on the arrested person should be recorded in a memo.
¦Suitable arrangements must also be made for the treatment of any illness or injury.
¦Medical examination of an arrested person should be carried out by a trained doctor, who is on the panel of approved doctors appointed by the Director, Health Services of the concerned state or union territory.
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¦The police officer should allow the arrested person to consult a lawyer of her/his choice. The lawyer can remain present during interrogation, if not for the whole but for a reasonable period of time.
¦The police may be present at the time of the consultation, but sufficient privacy of conversation should be provided to the arrested person.
¦No one (including arrested persons) should be subjected to torture, inhuman or degrading treatment.
¦Accused persons cannot be forced into confessing guilt, or testifying against themselves.
¦An arrested person cannot be made to sign any statement given to the police in the course of investigation.
¦An arrested person should not be photographed unless it is absolutely necessary. Permission of the Superintendent of Police or prior sanction of the Deputy Inspector General of Police or the Criminal Investigation Department must be taken before photographing the arrested person.
¦Copies of all documents including the memo of arrest should be sent to the Area Magistrate.
¦The nearest Legal Aid Committee should be informed as soon as an arrest is made so that the arrested person can take legal assistance.
¦Information about the arrest and about the place where the arrested person is being detained must be sent to the State Police Headquarters within 12 hours of the arrest. This information should be prominently displayed in the police control room at both district and state headquarters.
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In case of Arrest of Women:
¦As far as practicable women police officers should be associated where females are being arrested.
¦Women and girls should not be called to the police station or to any place other than their place of residence for questioning.
¦The time selected for questioning should not be intended to harass or embarrass the person being questioned. It is the duty of the police officer making arrest to see that arrested females are segregated from men and kept in female lock-up in the police station.
¦In case there is no separate lock up, women should be kept in a separate room.
¦Girls and women should be guarded by female constables/police officers. They must be questioned in the presence of policewomen.
¦Body searches of females should only be carried out by women and with strict regard to decency.
¦As far as possible, one of the two or more witnesses to the search must be women. Medical examination of women/girls should be carried only under the supervision of female medical practitioners
¦All necessary pre-natal and post-natal care should be provided to females who are arrested. Restraints should only be used on pregnant women as a last resort. Their safety or the safety of their foetus should never be put at risk. Women must never be restrained during labour.
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Rights of the arrested person
1. The person arrested must be informed about the grounds of his arrest and that he has right to be released on bail. He must also be informed to arrange for sureties
2. It is the right of the person to see warrant of his arrest.
3. The warrant of arrest must contain the name of the accused and his father's name, cast/tribe, residence of the person and his identity beyond doubt. The warrant should specify the offence charged and the name of the district and the court issuing it.
4. The warrant should contain the full signature of the issuing magistrate, if it is only signed but there is no seal its illegal
5. The arrested person has the right to consult the lawyer of his choice
6. The arrested person must be produced before the nearest Magistrate with in 24 hrs
7. It is the right of the person to be medically examined and can request so if he feels that such examination is necessary.
A person can be arrested without warrant only when he is suspected to have committed cognizable offence and getting the warrant may cause delay in the arrest of the person
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I. Detention
Detention generally refers to a state or government holding a person in a particular area (generally called a detention centre), either for interrogation, as punishment for a wrong, or as a precautionary measure while that person is suspected of posing a potential threat.
J. The Trial ( problems and solutions)
After all the stages narrated above have passed and there is no closure of the case by the investigating officer, the case is now continued in the court. While the burden of proof in a criminal trial lies entirely on the prosecution to prove the case of the accused beyond a reasonable doubt, it is important to note the following:
1. The complainant has the right to legal aid, the expenses of a criminal trial are borne by the state and the witnesses can ask for the conveyance to be paid.
2. Normally the venue of the trial is the court within whose
Things to be remembered while detention is made- Rights of the detainee
1. No person can be detained beyond a period of 24 hrs exclusive of the time necessary for journey from the place of arrest to the Magistrate's Court
2. The detention period can be extended beyond 24 hrs only with the permission of the magistrate which may not extend to 15 days on the whole. The accused must be produced before the magistrate after this.
3. If the magistrate feels that there are adequate grounds for further detention he can pass an order to that effect for a period not exceeding 15 days. The total period of detention can not exceed 60 days whether investigation has been completed or not. Detention for an indefinite period is illegal. In case of non bailable offences the accused may be kept in jail until the trial is over
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jurisdiction (refer jurisdiction section in Part one) the offence was committed. However application can be made by either the defense or the prosecution's side to change the venue of the trial. The High Court has the power to transfer the case from one subordinate court to the other subordinate court. The supreme court can transfer the case from one high court to the high court of another state or from subordinate court of one state to the subordinate court of another.
The following must be shown-
«Fair and impartial inquiry can not be ensured in the present court
«There is a question of law which is difficult to resolve
«A transfer is necessary in the interest of justice
«It is necessary and convenient in the interest of justice
3. The accused has the right to be tried in his presence
K. Limitation
There is a limitation period for launching the prosecution which means any delay beyond this period may seriously affect the
Period of limitation for taking cognizance
Nature of the offence
1. Offence punishable with fine.
2. Offence punishable with imprisonment for a period not exceeding one year.
3. Offence punishable with imprisonment for a period more than one year but not exceeding three years.
4. Offences punishable with imprisonment for more than three years.
Six Months
One year
Three years
No limitation is fixed
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triggering of criminal law into motion. This varies from offence to offence. Limitation period of certain offences as below
L. Prisoner's Rights/ Rights of Under trial
Prisoners are of two kinds, under trials and convicts
The law stipulates that if the investigation cannot be completed within 24 hrs, the accused is to be taken on remand. Once accused is denied bail and is committed to judicial custody, he is called an under trial prisoner. Their rights are as follows:
lUnder trials cannot be required to any labor while they remain in Jail.
lAs per the Supreme Court's Ruling in Sunil Batra's case AIR 1978, 1675, the prisoners cannot be inflicted any major punishment without proper procedural safeguards
lThe under trials are entitled to proper medical facilities and appropriate hygienic conditions ( Ramamurthy's Case 1997 2 SCC 642)
lPrisoners and under trials are entitled to reading and writing books in jail
lPrisoners cannot be subject to incarceratory torture
lPutting up of under trials in leg irons is prohibited
lAny rule prohibiting the meeting of family members or lawyer to the under trial is violative of Article 21
lJailing of non- criminal mentally retarded persons is unconstitutional as per the Supreme Court Order's in Veena Sethi vs State of Bihar
lOne point of right of an under trial prisoner is the right to speedy trial
lIn Shmt Akhtari Bi vs State of MP ( 2001 (4) SRJ 397) the Supreme Court ruled that to have speedy justice is a fundamental right which flows from Article 21 of the constitution
M. Right to Legal Aid
Right to life as guaranteed under Article 21 of the Constitution of India, includes right to Legal aid. Legal aid also embodied in the
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directive principle of state. Article 39 A of Constitution provides equal justice and free legal aid.
Advocate Act also gives importance to the Legal Aid. Section 9A of Advocate Act provides: - (l). A Bar Council may constitute one or more legal aid committee each of which shall consists of such member or members not extending 9 but not less than 5 as may be prescribed. (2) The qualification, the method of the selections and terms of the office of the Legal Aid committee shall be such as may be prescribed.
In order to fulfill the Constitutional obligation, the Legal Service Authority Act 1987 was enacted to provide free and competent legal services to the weaker section of the society. The Act further meant to organise Lok Adalats to secure the operation of the legal systems to promote justice on basis of equal opportunity.
Criteria for availing Legal Aid
This Act prescribes different legal service committee and also provides for formation of legal aid fund at national level, state level and district level etc. Section 12 of the Legal Service Authority.
The Act provides the criteria for entitlement to legal service as follows:
(i) A member of schedule cast and schedule tribe.
(ii) A victim of trafficking human being or beggar as referred to Article 23 of the Constitution.
(iii) A women or child.
(iv) A disable person.
(v) Victim of mass disaster, ethnic violence, flood, drought, industrial disaster,
(vi) Industrial workman,
(vii) Person in custody,
(viii) person having annual income less than nine thousand or higher as prescribed by the State Govt.
A person desires to get legal aid must satisfy any or all of the criteria having a prima-facie case. Different Govt. has framed different
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legal aid schemes. Legal aid popularly known as legal aid at free of cost. The concept "legal aid" also includes legal aid at reasonable cost with qualitative legal service.
Few more aspects are illustrated below for enabling an increased understanding:
A. Right to Legal Aid:-What is the source of Right
It is the duty of the State to see that the legal system promotes justice on the basis of equal opportunity for all its citizens. It must therefore arrange to provide free legal aid to those who cannot access justice due to economic and other disabilities.—(Art.39 A of the Constitution of India)
If the accused does not have sufficient means to engage a lawyer, the court must provide one for the defense of the accused at the expense of the state. —(Sec. 304, Criminal Procedure Code)
The Constitutional duty to provide legal aid arises from the time the accused is produced before the Magistrate for the first time and continues whenever he is produced for remand. (Khatri II Vs. State of Bihar, (1981) 1SCC; 1981 SCC (Cri) 228; 1981 Cri. LJ 470)
A person entitled to appeal against his/her sentence has the right to ask for a counsel, to prepare and argue the appeal.—(Madav Hayavadanrao Hoskot Vs. State of Maharastra (1978)3 SCC 544) (Art. 142 of the Constitution r/w 21 and 39A)
B. Duties of the Police and the Courts:
a. The police must inform the nearest Legal Aid Committee about the arrest of a person immediately after such arrest. —(Sheela Barse, V. State of Maharashtra)
b. The Magistrates and sessions judges must inform every accused who appears before them and who is not represented by a lawyer on account of his poverty or indigence that he is entitled to free legal services at the cost of the State. Failure to provide legal aid to an indigent accused, unless it was refused, would vitiate the trial. It might even result in setting aside a conviction and sentence.—(Suk Das Vs. Union Territory of Arunachal Pradesh (1986) 2 SCC 401; 1986 SCC (Cri) 166)
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C. Services offered by the Legal Services Authority:
«Payment of court and other process fee;
«Charges for preparing, drafting and filing of any legal proceedings;
«Charges of a legal practitioner or legal advisor;
«Costs of obtaining decrees, judgments, orders or any other documents in a legal proceeding;
«Costs of paper work, including printing, translation etc.
D. When can Legal services be rejected?
1. If the applicant has adequate means to access justice;
2. Does not fulfill the eligibility criteria;
3. Has no merit in his application requiring legal action.
E. Who is entitled to free legal aid?
1. any person, who is: a member of the scheduled castes or tribes;
2. poor (with an annual income of not more than Rs.50000/- for cases in the Supreme Court and Rs.25000/- in other courts);
3. a victim of trafficking in human beings or beggar;
4. disabled, including mentally disabled;
5. a woman or child;
6. a victim of mass disaster, ethnic violence, caste atrocity, flood, drought, earth quake, industrial disaster and other cases of undeserved want;
7. an industrial workman;
8. in custody, including protective custody;
9. facing a charge which might result in imprisonment; —(Khatri II Vs. State of Bihar,(1981) 1SCC); and
10. unable to engage a lawyer and secure legal services on account of reasons such as poverty, indigence, and incommunicado situation;
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11. In addition to the above, legal service may be granted: in cases of great public importance;
12. Special cases considered deserving of legal services.
F. When can the legal services be withdrawn?
The legal services committee can withdraw the services if, the aid is obtained through
a. misrepresentation or fraud;
b. any material change occurs in the
c. circumstances of the aided person;
d. there is misconduct, misbehavior or
e. negligence on the part of the aided person;
f. the aided person does not cooperate
g. with the allotted advocate;
h. the aided persons appoints another
i. legal practitioner;
j. the aided person dies, except in civil cases;
k. the proceedings amount to misusing
G. The process of law or of legal service-Cases for which legal aid is not available
1. Cases in respect of defamation,
2. Malicious prosecution, contempt of court, perjury etc.
3. Proceedings relating to election;
4. Cases where the fine imposed is not more than Rs.50/-;
5. Economic offences and offences against social laws;
6. Cases where the person seeking legal aid is not directly concerned with the proceedings and whose interests will not be affected, if not represented properly.
H. Recovery of the Aid:
Where legal services are withdrawn, the Committee is empowered to recover the cost of legal services granted.
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I. Whom to approach for free legal aid?
1. The person who needs free legal aid can approach the Legal Services Authority at any level- national, state, district or taluq.
2. The request can be made to:
a) the Senior Civil judge nominated as the chairperson of the Mandal/Taluq
b) Legal Services Authority; the Secretary, District Legal Services Authority at the district level;
c) the Secretary, High Court Legal Services Committee at the state level;
d) the Secretary, Supreme Court Legal Services Committee at the higher level;
e) the member secretary of the state legal services authority;
f) the magistrate before whom s/he is produced; or the custodial authorities, if under detention.
J. How to Approach?
1. A written application can be made to the concerned authority (See Annexure for Performa of the application form)
2. Where the person cannot read or write, the legal services authority will record his/her statement along with thumb impression. Such a statement is treated as an application.
3. The person who claims legal aid has to file an affidavit of his income.
K. Steps involved in the process:
1. The eligibility criteria and the merits of the case are examined.
2. If the application for legal aid is rejected, reasons shall be duly recorded and also informed to the applicant.
3. The applicant has the right to appeal before the chairman for a decision against such rejection.
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L. Duties of the aided person:
The aided person must:
1. comply with directions given by the Secretary of the Legal Services Authority;
2. attend the office of the committee or Court as well as of the advocate assigned, as when required;
3. furnish full and true information to the advocate rendering legal service; and
4. not pay any fee or expenses to the advocate rendering legal service.
Source : http://www.humanrightsinitiative.org/publications/police/legal.pdf
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PART THREE
Right to information
Part Three
Right to information
This segment aimed to create basic understanding of the right to information and suggest ways to make effective use of the Right to Information Act. The formats for filing the RTI have been provided along with the requisite procedure in the simplified form.
A. What is RTI?
RTI stands for Right to Information. Right to Information is a part of fundamental rights under Article 19(1) of the Constitution. Article 19 (1) says that every citizen has freedom of speech and expression. As early as in 1976, the Supreme Court said in the case of Raj Narain vs State of UP, that people cannot speak or express themselves unless they know. Therefore, right to information is embedded in article 19. In the same case, Supreme Court further said that India is a democracy. People are the masters. Therefore, the masters have a right to know how the governments, meant to serve them, are functioning. Further, every citizen pays taxes. Even a beggar on the street pays tax (in the form of sales tax, excise duty etc) when he buys a piece of soap from the market. The citizens therefore, have a right to know how their money was being spent. These three principles were laid down by the Supreme Court while saying that RTI is a part of our fundamental rights.
What rights are available under RTI Act 2005?
Right to Information Act 2005 empowers every citizen to
1. Ask any questions from the Government or seek any information
2. Take copies of any government documents
3. Inspect any government documents.
4. Inspect any Government works
5. Take samples of materials of any Government work.
Who is covered under RTI?
The Central RTI Act extends to the whole of India except the State of Jammu and Kashmir. All bodies, which are constituted under
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the Constitution or under any law or under any Government notification or all bodies, including NGOs, which are owned, controlled or substantially financed by the Government are covered.
What is “substantially financed”?
This is neither defined under RTI Act nor under any other Act. So, this issue will evolve with time, maybe through some court orders etc.
Are Private bodies covered under the RTI Act?
All private bodies, which are owned, controlled or substantially financed by the Government are directly covered. Others are indirectly covered. That is, if a government department can access information from any private body under any other Act, the same can be accessed by the citizen under the RTI Act through that government department.
Isn't Official Secrets Act 1923 an obstacle to the implementation of RTI Act?
No. Sec 22 of the RTI Act 2005 clearly says that RTI Act would over ride all existing Acts including Officials Secrets Act.
Can the PIO refuse to give me information?
A PIO can refuse information on 11 subjects that are listed in section 8 of the RTI Act. These include information received in confidence from foreign governments, information prejudicial to security, strategic, scientific or economic interests of the country, breach of privilege of legislatures, etc.
There is a list of 18 agencies given in second schedule of the Act to which RTI Act does not apply. However, they also have to give information if it relates to matters pertaining to allegations of corruption or human rights violations.
Does the Act provide for partial disclosure?
Yes. Under Section 10 of the RTI Act, access may be provided to that part of the record which does not contain information which is exempt from disclosure under this Act.
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Can access be denied to file notings?
No. File notings are an integral part of the government file and are subject to disclosure under the Act. This has been clarified by the Central Information Commission in one of its orders on 31st Jan 2006.
B. How to use Right to Information
Who will give me information under the RTI Application?
One or more existing officers in every Government Department have been designated as Public Information Officers (PIO). These PIOs act like nodal officers. You have to file your applications with them. They are responsible for collecting information sought by you from various wings of that Department and providing that information to you. In addition, several officers have been appointed as Assistant Public Information Officers (APIOs). Their job is only to accept applications from the public and forward it to the right PIO.
Where do I submit application?
You can do that with the PIO or with APIO. In the case of all Central Government Departments, 629 post offices have been designated as APIOs. This means that you can go to any of these post offices and submit your fee and application at the RTI counter in these post offices. They will issue you a receipt and acknowledgement and it is the responsibility of that post office to deliver it to the right PIO. The list of these post offices is given at http://www.indiapost.gov.in/rtimanual16a.html
Is there any fee? How do I deposit that?
Yes, there is an application fee. For Central Government Departments, it is Rs 10. However, different states have prescribed different fee. For details see rules framed by the states on this website. For getting information, you have to pay Rs 2 per page of information provided for Central Government Departments. It is different for different states. Similarly, there is a fee for inspection of documents. There is no fee for first hour of inspection, but after that, you have to pay Rs. 5 for every subsequent hour or fraction thereof. This is according to Central Rules. For each state, see
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respective state rules. You can deposit fee wither in cash or through a DD or bankers cheque or postal order drawn in favor of that public authority. In some states, you can buy court fee stamps and affix it on your application. This would be treated as if you have deposited the fee. You can then deposit your application either by post or by hand.
What should I do if the PIO or the concerned Department does not accept my application?
You can send it by post. You should also make a formal complaint to the respective Information Commission under section 18. The Information Commissioner has the power to impose a penalty of Rs 25000 on the concerned officer who refused to accept your application.
Is there an application form for seeking information?
For Central Government Departments, there is no form. You should apply on a plain sheet of paper like an ordinary application. However, many states and some ministries and departments have prescribed formats. You should apply in these formats. Please read rules of respective states to know
How can I apply for information?
Draft your application on a normal sheet of paper and submit it by post or in person to the Public Information Officer (PIO). [Remember to keep a copy of the application for your personal reference]
How can I deposit my application fee?
Every state has a different mode of payment for application fee. Generally, you can deposit your application fee via:
·In person by paying cash [remember to take your receipt]
·By Post through:
·Demand Draft
·Indian Postal Order
·Money orders (only in some states)
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·Affixing Court fee Stamp (only in some states)
·Banker's cheque
·Some state governments have prescribed some head of account. You are required to deposit fee in that account. For that, you can either go to any branch of SBI and despoist cash in that account or attach deposit receipt with your RTI application. Or you can also send a postal order or a DD drawn in favour of that account along with your RTI application.
Please see respective state rules for complete details.
Can I submit my application only with the PIO?
No, in case the PIO is not available you can submit your application with the Assistant PIO or any other officer designated to accept the RTI applications.
Where can I locate the concerned PIO?
A list of PIOs/APIOs and Appellate Authorities for all Central and State departments/Ministries is available online at www.rti.gov.in
What if I cannot locate my PIO or APIO?
In case you have problems locating your PIO/APIO you can address your RTI application to the PIO C/o Head of Department and send it to the concerned public authority with the requisite application fee. The Head of Department will have to forward your application to the concerned PIO.
Do I have to personally go to deposit my application?
Depending on your state rules for mode of payment you can deposit your application for information from the concerned departments of your state government via post by attaching a DD, Money Order, Postal Order or affixing Court fee Stamp
For all Central government departments the Department of Posts has designated 629 postal offices at the national level. The designated officers in these post offices work as Assistant PIOs and collect the application to forward to the concerned PIO. A list
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is available on http://www.indiapost.gov.in/rticontents.html
Is there a time limit to receiving information?
Yes. If you file your application with the PIO, you must receive information within 30 days.
In case you have filed your application with Assistant PIO then information has to be made available within 35 days.
In case the matter to which the information pertains affects the life and liberty of an individual, information has to be made available in 48 hours.
Do I have to give reasons why I want a particular information?
Absolutely not! You are not required to give any reasons or additional information other than your contact details (i.e., Name, Address, and Phone No.). Sec 6(2) clearly says that no information other than contact details of the applicant shall be asked.
Can the PIO refuse to accept my RTI application?
No. The PIO cannot refuse to accept your application for information under any circumstances. Even if the information does not pertain to his/her department/jurisdiction, s/he has to accept it. If the application does not pertain to that PIO, he would have to transfer it to the right PIO within 5 days under sec 6(2).
C. Why is it that RTI works when no other law has worked
There have been many good laws in this country but none of those laws worked. Why do you think this law would work?
This law is already working. This is because for the first time in the history of independent India, there is a law which casts a direct accountability on the officer for non-performance. If concerned officer does not provide information in time, a penalty of Rs 250 per day of delay can be imposed by the Information Commissioner. If the information provided is false, a penalty of a maximum of Rs 25000 can be imposed. A penalty can also be imposed for providing incomplete or for rejecting your application for mala fide reasons. This fine is deducted from the officer's
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personal salary.
Has any penalty been imposed so far?
Yes, some officers have been penalized by the Central as well as State Information Commissioners.
Does the Applicant get the amount fined to the PIO?
No. The amount fined is deposited in the government treasury. However, under sec 19, the applicant can seek compensation.
D. What should I do if I do not receive satisfactory information?
What can I do if I do not receive information?
If you do not receive information or are dissatisfied with the information received, you can file an appeal with the first appellate authority under section 19 (1) of the right to Information Act.
Who is a First Appellate authority?
Every public authority must designate a First Appellate Authority. This officer designated is the officer senior in rank to your PIO.
Is there a form for the first appeal?
No there is no form for filing a first appeal (but some state governments have prescribed a form). Draft your appeal application on a blank sheet of paper addressed to the First Appellate Authority. Remember to attach a copy of your original application and a copy of the reply in whatever form (if received) from the PIO.
Do I have to pay a fee for the first appeal?
No. You are not required to pay any fee for the first appeal. However, some state governments have prescribed a fee.
In how many days can I file my first appeal?
You can file your first appeal within 30 days of receipt of information or within 60 days of filing RTI application (if no information received).
What if I do not receive the information after the first appeal
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process?
If you do not receive information even after the first appeal then you can take the matter forward to the second appeal stage.
What is a second appeal?
A second appeal is the last option under the RTI Act to get the information requested. You can file second appeal with the Information Commission. For appeals against Central Government Departments, you have Central Information Commission (CIC). For every state Government, there is a State Information Commission.
Is there a form for the second appeal?
No there is no form for filing a second appeal (but some state governments have prescribed a form for second appeal too). Draft your appeal application on a normal sheet of paper addressed to the Central or State Information Commission. Carefully read the appeal rules before drafting your second appeal. Your second appeal application can be rejected if it does not comply with the appeal rules.
Do I have to pay a fee for the second appeal?
No. You are not required to pay any fee for the second appeal. However, some states have prescribed a fee for that.
In how many days can I file my second appeal?
You can file your second appeal within 90 days of disposal of first appeal or within 90 days of the date, by when first appeal was to be decided.
How does this law help me in getting my work done?
How does this law work so effectively for pending works i.e. why is it that the government officials end up doing your work which they were not doing earlier?
Illustrative Case Study
Let us take the case of Nazir. He was not being given his ration card. But when he applied under RTI, he was given a card within a week. What did Nazir ask? He asked the following questions:
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1. I filed an application for a duplicate ration card on 27th January 2004. Please tell me the daily progress made on my application so far. i.e. when did my application reach which officer, for how long did it stay with that officer and what did he/she do during that period?
2. According to the rules, my card should have been made in 10 days. However, it is more than three months now. Please give the names and designations of the officials who were supposed to take action on my application and who have not done so?
3. What action would be taken against these officials for not doing their work and for causing harassment to the public? By when would that action be taken?
4. By when would I get my card now?
In normal circumstances, such an application would be thrown in a dustbin. But this law says that the Government has to reply in 30 days. If they don't do that, their salary could be deducted. Now, it is not easy to answer these questions.
The first question is – please provide the daily progress made on my application.
There is no progress made. But the government officials cannot write in these many words that they have not acted for so many months. Else that would be admission of guilt on paper.
The next question is – please provide the names and designations of the officers who were supposed to take action on my application and who had not done so.
If the government provides names and designations of the officials, their responsibility gets fixed. Any officer is most scared of fixing of responsibility against him in this manner. So, the moment one files such an application, his/her pending work is done.
What should I do after getting information?
There cannot be one answer for that. It depends on why you asked for that information and what type of information is it. Often a lot
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of things start falling in place just by asking for information. For instance, you would get your passport or a ration card just by your asking for the status of your application. In many cases, roads got repaired as soon as the money spent on its repairs in the last few repairs was asked. So, seeking information and questioning the government is an important step, which in itself is complete in many cases.
But suppose you expose some corruption or wrongdoing using RTI. Then, you can complain to vigilance agencies, CBI or even file an FIR. But it is seen that the Government does not take any action against the guilty even after repeated complaints. Though one can keep up the pressure on vigilance agencies by seeking to know the status of complaints under RTI, however, the wrongdoings can also be exposed through media. However, experience has not been very encouraging at getting guilty punished. But one thing is certain. Seeking information like this and exposing wrongdoings does improve the future. The officials get a clear message that the people of that area have become alert and any wrongdoings in future would not remain hidden as they were in the past. So, their risks of getting caught increase.
Won't I be victimized if I used RTI?
Have people been victimized who used RTI and exposed corruption?
Yes, there have been some instances where people were physically harmed when they sought information which exposed large scale corruption. But this does not mean that every applicant faces such a threat. Filing application to seek status of your grievance or for knowing other similar routine matters does not invite any retaliation. It is only when information is likely to expose bureaucratic-contractor nexus or any kind of mafia that there could be a possibility of retaliation.
Then why should I use RTI?
The entire system has become so rotten that if all of us individually and together do not do our bit, it will never improve. If we don't do it, who will? Therefore, we have to act. But we should do that with a strategy and minimize risks. And with experience, there are some
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safeguards and strategies available.
What are these strategies?
Please go ahead and file RTI application for any issue in the first instance. Normally, anyone would not attack you immediately. They would first try to cajole you or win you over. So, the moment you file any inconvenient application, someone would approach you very politely to request you to withdraw that application. You should gauge the seriousness or the potential of the person approaching you. If you consider it to be serious enough, ask 15 of your friends to immediately apply to the same public authority asking for same information. It would be better if these 15 friends were from different part of India. Now, it would be most difficult for anyone to target all of your 15 friends all across the country. And if they threaten anyone from amongst the 15, let more people file similar applications. Your friends from other parts of India can file their applications by post. Try and give it wide media publicity. This will ensure that you will get the requisite information, and you would have sufficiently minimized risks.
Government records are not in proper shape. How could RTI be implemented?
RTI would force the system to start maintaining records properly now. Else the officials would face a penalty under the Act
Applications seeking voluminous information should be rejected?
If I seek for some information, which runs into a lakh of pages, I would do that only if I need it because I will have to pay Rs 2 lakhs for that.This is an automatic deterrent. If application were rejected only on this account, the applicant could break his application and file 1000 applications seeking 100 pages through each application, which would not benefit anyone. Therefore, applications should not be rejected only on this pretext.
People should be allowed to seek information only about themselves. They should not be allowed to ask questions about other spheres of governance, totally unrelated to the.
Sec 6(2) of RTI Act clearly says an applicant cannot be questioned
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why he/she were asking for any information. In any case, RTI flows from the fact that people pay taxes, This money belongs to them and therefore, they have a right to know how their money were being spent and how they were being governed. So, people have a right to know everything about every sphere of governance. They may or may not be directly related to the matter. So, even a person living in Delhi can ask for any information from say, Tamil Nadu.
RTI Application for cases of a pending work in Govt. Department
(This is how your RTI application would look like)
Public Information Officers
(Name of the Department)
(Office)
(Address) Date:
Sub: Application under the RTI Act, 2005
Sir,
I had made an application for the following reason (copy of application is attached) but no satisfactory action has been taken on my application so far.
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
Please provide the following information with respect to the same:
1. Please provide the daily progress made on my application.
2. Please give the names and designations of the officials with whom my application was lying during this period. Please intimate the periods when it was lying with which officer and what was the action taken by that official during that period.
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3. According to your rules or citizens charter or any other order, in how many days should such a matter be dealt with and resolved. Please provide a copy of these rules.
4. The above officials have not adhered to the time limit mentioned in these rules. What action would be taken against these officials for violating the above rules and for causing mental agony to the public? By when this action would be taken?
5. By when will my problem be resolved now?
I am depositing the application fee (Rs.10/-) separately/
(Or) I am a BPL card Holder, So, I am exempt from payment of fees. My BPL card no. is:…./
Thank you
Name
Address
How to Locate your PIO
Each Public Authority that comes under purview of the Right to Information Act 2005 is bound to designate one Public Information officer in order to provide information under the Act. You RTI Application should be submitted with this PIO or Assistant PIO only.
Step 1: If you do not know the details of your PIO, you may get help from following websites:
For Delhi Government Departmentshttp://delhigovt.nic.in/rti/search_pio.asp
Central Government Departmentshttp://www.rti.gov.in/
Step 2: If you are still at a loss, don't worry. Do you know the address of the head of the Department from whom you want information? If yes, you could write the address of the PIO as:
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Public Information Officer (PIO),C/o (Head of the Department and his address)
According to the law, you can file your application with any PIO in the same Department. It is his duty to forward it to the right PIO. Even if you file your application with a PIO in a totally different Government Department, the receiving PIO is required to forward it to the right PIO u/s 6(3) of RTI Act. He has to do this within 5 days of receipt of your application, as per sec 6(3) of the Act. In that case you should get a reply in 35 days rather than 30 days.
Step 3: If the Department concerned is a central Government Department, then you don't need to find the PIO. 629 post offices across the country (list of these post offices with addresses is available on the website http://www.indiapost.gov.in/rtimanual16a.html have been designated by the Central Government to accept RTI applications for any Central Govt Department. Just go to the nearest designated post office with your application form. They will tell you your PIO, accept your fee along with the form and issue you a receipt.
How to submit RTI fees
RTI Fee structure of different states
Mode of Payment
Photocopy Charges
Name of the State
Application Fee
FormAppeal
Fee
Cash/Demand Draft/Banker's Cheque/Postal order
Rs. 2/- per A4/A3 paper
Central Govt. & UTs
Rs. 10/- No No
Cash/Demand Draft/Banker's Cheque
Rs. 2/- per A4/A3 paper
Andhra Pradesh
No No
Treasury ChallanRs. 2/- per page
Arunachal Pradesh
No Fee for Application Yes Rs. 50/-
Cash/Demand Draft/Banker's Cheque/Postal order
Rs. 2/- per A4/A3 paper; Actual cost for larger paper
Assam Rs. 10/- No No
No fee at Village level;
Rs. 5/- at Mandal level; Rs. 10/- for other public authorities
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Cash/Demand Draft/Banker's Cheque/non-judicial stamp/Postal order
Rs. 2/- per A4/A3 paperBihar Rs. 10/- - Rs. 10/-
Cash/Treasury Challan/Non-Judicial Stamp
Rs. 2/- per A4/A3 paper
Chhattisgarh Rs. 10/- No No
Cash wherever facility for cash receipt is available or Demand Draft/ Pay Order/non-judicial stamp
Rs. 10/- per A4/A3 paper;Actual cost for larger paper
Gujarat
Rs. 20/- (electronic applications-fees to be submitted within 7 days)
- No
Court fee stampRs. 2/- per A4/A3 paperGoa Rs. 10/- No No
CashRs. 10/- per A4/A3 paper
Haryana Rs. 50/- - No
Cash/ Treasury Challan/Postal order
Rs. 10/- per A4/A3 paper
Himachal Pradesh
Rs. 10/- Yes No
Cash/Demand Draft/Banker's Cheque/Postal Order
Rs. 2/- per A4/A3 paper;Actual cost for larger paper
Jharkhand Rs. 10/- No No
Postal order/ Demand draft/Banker's Cheque/Pay Order drawn in favour of SPIO/ in cash/or by remitting it to the Treasury as per the Karnataka FinancialCode
Rs. 2/- per A4/A3 paperKarnataka Rs. 10/- Yes No
Court Fee StampRs. 2/- per A4/A3 paperKerala Rs. 10/- No No
Cash / Non-judicial stamp
Rs. 10/- per application proactive disclosure information
Madhya Pradesh
Rs. 10/- Yes
Rs. 50/- for First Appeal;
Rs. 100/- for Second
Appeal
Cash/Demand Draft/Banker's Cheque/Court fee stamp
Rs. 2/- per A4/A3 paperMaharashtra Rs. 10/- Yes Rs. 20/-
Indian postal OrderRs. 2/- per A4/A3 paper
Manipur Rs. 10/- No Rs. 20/-
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Cash / Demand Draft/ Banker's Cheque
Rs. 2/- per A4/A3 paperMeghalaya Rs. 10/- No No
Cash/Treasury Challan/Postal order/Demand Draft
Rs. 2/- per A4/A3 paper
Mizoram Rs. 10/- No No
Cash/Demand Draft/Banker's Cheque
Rs. 2/- per A4/A3 paper
Nagaland Rs. 10/- No No
Cash/ Treasury Challan/Postal Order
Rs. 2/- per A4 paper; Rs. 10/- per A4 Computer print
Orissa Rs. 10/- Yes
Rs. 20/- for First Appeal; Rs. 25/-
for SecondAppeal
Cash/Demand Draft /Banker's Cheque
Rs. 2/- per A4/A3 paper;Actual cost for larger paper
Punjab Rs. 10/- Yes No
Cash/Demand Draft /Banker's Cheque
Rs. 2/- per A4/A3 paper
Rajasthan Rs. 10/- No No
Money order/Cheque/Demand Draft/Treasury Challan in the name of following head: "Major Head 0070.OAS (E) RTI Fee"
Rs. 10/- per A4/A3 paperSikkim Rs. 100/- No Rs. 100/-
Cash/Demand Draft /Banker's Cheque
Rs. 2/- per A4/A3 paperTamilnadu Rs. 50/- No No
CashRs. 2/- per A4/A3 paper
Tripura Rs. 10/- No No
Rs. 2/- per A4/A3 paper
Uttar Pradesh
Rs. 10/- No No
Cash/Postal Order/ Demand Draft/ Banker's Cheque/ Treasury Challan in the name of following head: "0070 Annya Prashasanik Sevaien, 60 Annya Sevaien, 800 Annya Praptiyan, II- Suchana ka Adhikar Adhiniyam 2005 ke Krianyan se Prapta Shulka”
72
Rs. 2/- per A4/A3 paperUttarakhand Rs. 10/- No No
Cash/Demand Draft /Banker's Cheque/ Treasury Challan/Postal Order/Non-judicial stamp
Rs. 2/- per A4/A3 paper
West Bengal Rs. 10/- No NoCourt fee stamp
73
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PART FOUR
Whom to approach/Organizations/Individuals to be contacted
75
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Part Four:
Whom to approach/Organizations/Individuals to be contacted:
This part contains a catalogue of Government agencies that can be approached for making the case of the victim. The list of the important web links and active civil and human rights individuals is annexed in the end.
A. The National Human Rights Commission (NHRC)
Format for filing a complaint with the NHRC
A. COMPLAINANT'S DETAILS
1. Name
2. Sex Male Female
3. State
4. Full Address
5. District
6. Pin Code
B. INCIDENT DETAILS
1. Incident Place(Village/Town/City)
2. State
3. District
4. Date of Incident
C. VICTIM'S DETAILS
1. Name of the victim
2. No. of victims
4. Full Address
5. District
6. Pin Code
7. Religion
8. Caste
3. State
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9. Sex
10. Age
11.Whether Disabled (SC/ST/OBC/General) person
D. Brief summary of facts/allegations of human rights involved
E. Whether complaint is against Members of Armed Forces/ Para-Military
Yes /No
F. Whether similar complaint has been filed before any Court/ State Human Rights Commission
G. Name, designation & address of the public servant against whom Complaint is being made
H. Name, designation & address of the authority/officials to whom the public servant is answerable
I. Prayer/ Relief if any, sought
Guidelines on how to file complaint with the NHRC
1. Complaint may be made to the Commission by the victim or any other person on his behalf.
2. Complaint should be in writing either in English or Hindi or in any other language included in the eighth schedule of the Constitution. Only one set of complaint needs to be submitted to the Commission.
3. Complaint may be sent either by Post or Faxed at Nos. 91-11-23382911/ 23382734 or through e-mai l [email protected]
4. No fee is chargeable on such complaints.
5. The complaint shall disclose i) violation of human rights or abetment thereof or; (ii) negligence in the prevention of such violations, by a public servant.
6. The jurisdiction of the Commission is restricted to the violation of human rights alleged to have been
78
committed within one year of the receipt of complaint by the Commission.
7. Documents, if any enclosed in support of the allegations in the complaint must be legible.
8. Name of the victim, his/ her age, sex, religion/ caste, State and District to which the incident relates, incident date etc. should invariably be mentioned in the complaint.
9. Please submit the complaint preferably in the enclosed format.
10. Following types of Complaint(s) are not ordinarily entertainable:
i. Illegible
ii. Vague, anonymous or pseudonymous;
iii. Trivial or frivolous in nature;
iv. The matters which are pending before a State Human Rights Commission or any other Commission;
v. Any matter after the expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed;
vi. Allegation is not against any public servant;
vii. The issue raised relates to civil dispute, such property rights, contractual obligations, etc;
viii. The issue raised relates to service matters;
ix. The issue raised relates to labour/industrial disputes;
x. Allegations do not make out any specific violation of human rights;
xi. The matter is sub-judice before a Court/ Tribunal;
xii. The matter is covered by judicial verdict/decision of the Commission.
11. As far as possible complainants are encouraged to make
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use of the format given above to file their complaints. The guidelines indicate the kind of information, which would facilitate in processing a complaint.
Understanding the National Human Rights Commission
1. How are human rights defined in the Protection of Human Rights Act, 1993?
In terms of Section 2 of the Protection of Human Rights Act, 1993 (hereafter referred to as 'the Act'), "human rights" means the rights relating to life, liberty, equality and dignity of the individual guaranteed under the Constitution or embodied in the International Covenants and enforceable by courts in India. "International Covenants" means the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights adopted by the General Assembly of the Unitednations on the 16th December, 1966 .
2. What functions have been assigned to the Commission under the Act ?
The Commission shall, perform all or any of the following functions, namely:-
a) Inquire, on its own initiative or on a petition presented to it by a victim or any person on his behalf,into complaint of-
i ) violation of human rights or abetment or
ii) negligence in the prevention of such violation,by a public servant;
b) intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court;
c) visit, under intimation to the State Government, any jail or any other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection tostudy the living condition of the inmates and make recommendations thereon ;
d) review the safeguards by or under the Constitution or any
80
law for the time being in force for the protection of human rights and recommend measures for their effective implementation;
e) review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures;
f) study treaties and other international instruments on human rights and make recommendations for their effective implementation;
g) undertake and promote research in the field of human rights;
h) spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means;
i) encourage the efforts of non - Governmental organizations and institutions working in the field of human rights;
j) such other functions as it may consider necessary for the promotion of human rights.
3. What powers have been vested with the Commission relating to inquiries?
While inquiring into complaints under the Act, the Commission shall have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, and in particular the following, namely;
a) Summoning and enforcing the attendance of witnesses and examining them on oath;
b) discovery and production of any document;
c) receiving evidence on affidavits;
d) requisitioning any public record or copy thereof from any court or office;
e) issuing commissions for the examination of witnesses or documents;
f) any other matter which may be prescribed.
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4. Does the Commission have its own investigation team?
Yes, the Commission has its own investigating staff headed by a Director General of Police for investigation into complaints of human rights violations. Under the Act, it is open to the Commission to utilise the services of any officer or investigation agency of the Central Government or any State Government. The Commission has associated, in a number of cases, non - Governmental organizations in the investigation work.
5. Is the Commission Autonomous?
Yes, the autonomy of the Commission derives, inter-alia, from the method of appointing its Chairperson and Members, their fixity of tenure, and statutory guarantees thereto, the status they have been accorded and the manner in which the staff responsible to the Commission - including its investigative agency – will be appointed and conduct themselves. The financial autonomy of the Commission is spelt out in Section 32 of the Act.
The Chairperson and Members of the Commission are appointed by the President on the basis of recommendations of a Committee comprising the Prime Minister as the Chairperson, the Speaker of Lok Sabha, the Home Minister, the leaders of the opposition in the Lok Sabha and Rajya Sabha and the Deputy Chairman of the Rajya Sabha as Members.
6. How does the Commission inquire into complaints?
The Commission while inquiring into complaints of violations of human rights may call for information or report from the Central Government or any State Government or any other authority or organization subordinate thereto within such time as may be specified by it; provided that if the information or report is not received within the time stipulated by the Commission, it may proceed to inquire into the complaint on its own; on the other hand, if, on receipt of information or report, the Commission is satisfied either that no further inquiry is required or that the required action has been initiated or taken by the concerned Government or authority, it may not proceed with the complaint and inform the complainant accordingly.
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7. What steps are open to the Commission after inquiry?
The Commission may take any of the following steps upon the completion of an inquiry:
1) Where the inquiry discloses the commission of violation of human right or negligence in the prevention of violation of human rights by a public servant, it may recommend to the concerned Government or authority theinitiation of proceedings for prosecution or such other action as the Commission may deem fit against the concerned person or persons;
2) Approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary;
3) Recommend to the concerned Government or authority for the grant of such immediate interim relief to the victim or the members of his family as the Commission may consider necessary.
8. What procedure is prescribed under the Act with respect to armed forces?
The Commission may on its own motion or on the basis of petitions made to it on allegations of human rights violations by armed forces, seek a report from the Central Government. On receipt of the report, it may either not proceed with the complaint or, as the case may be, make its recommendations to the Government. According to the Act, the Central Government shall inform the Commission of the action taken on the recommendations within three months or such further time as the Commission may allow.
It is further stipulated that the Commission shall publish its report together with its recommendations madeto the Central Government and the action taken by that Government on such recommendations. A copy of the report so published will also be given to the petitioner.
9. Can the complaint be in any language?
They may be in Hindi, English or in any language included in the
83
Eighth Schedule of the Constitution. The complaints are expected to be self contained. No fee is charged on complaints. The Commission may ask for further information and affidavits to be filed in support of allegations whenever considered necessary.
The Commission may in its discretion, accept telegraphic complaints and complaints conveyed through FAX or by e-mail. Complaints can also be made on the mobile telephone number of the Commission.
10. What kind of complaints are not entertained by the Commission ?
Ordinarily, complaints of the following nature are not entertained by the Commission:
a) In regard to events which happened more than one year before the making of the complaints;
b) With regard to matters which are sub-judice;
c) Which are vague, anonymous or pseudonymous;
d) Which are of frivolous nature;
e) Which pertain to service matters.
11. What is the responsibility of the authority/State/Central Governments to which reports / 12. recommendations have been send by the Commission?
The authority/State Government/Central Government has to indicate its comments/action taken on the report/ recommendations of the Commission within a period of one month in respect of general complaints and within three months in respect of complaints relating to armed forces.
What are the kinds of issues on which complaints have been received?
Since its inception, the Commission has handled a variety of types of complaints. In the latest period, the major types of complaints have been:
«In respect of police administration
«Failure in taking action
«Unlawful detention
84
«False implication
«Custodial violence
«llIegal arrest
«Other police excesses
«Custodial deaths
«Encounter deaths
«Harassment of prisoners; jail conditions
«Atrocities on SCs and STs
«Bonded labour, child labour
«Child marriage
«Communal violence
«Dowry death or its attempt; dowry demand
«Abduction, rape and murder
«Sexual harassment and indignity to women, exploitation of women
Numerous other complaints which cannot be categorized, have also been taken up .
What has been focus of the Commission's Working?
Inquiring into complaints is one of the major activities of the Commission. In several instances individual complaints have led the Commission to the generic issues involved in violation of rights, and enabled it to move the concerned authorities for systemic improvements.
However, the Commission also actively seeks out issues in human rights which are of significance, either suo motu, or when brought to its notice by the civil society, the media, concerned citizens, or expert advisers. Its focus is to strengthen the extension of human rights to all sections of society, in particular,the vulnerable groups.
The Commission's purview covers the entire range of civil and political, as well as economic, social and cultural rights. Areas facing terrorism and insurgency, custodial death, rape and torture, reform of the police, prisons, and other institutions such as juvenile homes, mental hospitals and shelters for women have been given
85
special attention. The Commission has urged the provision of primary health facilities to ensure maternal and child welfare essential to a life with dignity, basic needs such as potable drinking water, food and nutrition, and highlighted fundamental questions of equity and justice to the less privileged, namely the Scheduled Castes and Scheduled Tribes and the prevention of atrocities perpetrated against them. Rights of the disabled, access to public services, displacement of populations and especially of tribal's by mega projects, food scarcity and allegation of death by starvation, rights of the child, rights of women subjected to violence, sexual harassment and discrimination, and rights of minorities, have been the focus of the Commission's action on numerous occasions.
What are its major initiatives?
¦Civil Liberties
¦Review of statutes, including Terrorist & Disruptive Activities Act, and (draft) Prevention of Terrorism Bill
¦Protection of human rights in areas of insurgency and terrorism
¦Guidelines to check misuse of the power of arrest by the police
¦Setting up of Human Rights Cells in the State/City Police Headquarters
¦Steps to check custodial deaths, rape and torture
¦Accession to the Convention against Torture, Additional Protocols to the Geneva Conventions.
¦Discussion on adoption of a Refugee Law for the country
¦Systemic reforms of police, prisons and other centers of detention
¦Visit to Jails, mental hospitals and similar other institutions
¦Review of laws, implementation of treaties, and the international instruments on human rights
¦Economic, Social & Cultural Rights
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¦Elimination of bonded labour and child labour Issues concerning Right to Food
¦Prevention of maternal anaemia and congenital mental disabilities In the child
¦Human Rights of persons affected by HIV/AIDS
¦Public Health as a human rights issue
¦Rights of the vulnerable groups
¦Rights of women and children, minorities, scheduled castes and scheduled tribes
¦People displaced by mega projects
¦People affected by major disasters such as the super-cyclone in Orissa and the earthquake in Gujarat.
¦Monitoring the functioning of the Mental hospitals at Ranchi, Agra and Gwalior, and the Agra
¦Protection Home, under a Supreme Court remit.
¦Action Research on Trafficking
¦Promotion and protection of the rights of the disabled.
¦Rights of Denotified and nomadic tribes
¦Welfare of the destitute widows of Vrindavan
¦Elimination of manual scavenging
¦Promotion of human rights literacy and awareness in the educational system and more widely in society.
¦Human rights training for the armed forces and police, public authorities, civil society, and students
¦Research through well-known academic institutions and NGOs on various issues relating to human rights
¦Publication of Annual Report, monthly Newsletter, Annual Journal, and research studies
¦Consultation with NGOs and experts/specialists on Human Rights Issues
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What is the composition of the Commission?
Hon'ble Justice Shri S. Rajendra Babu Chairperson
Hon'ble Justice Shri G.P. Mathur Member
Hon'ble Justice Shri B.C. Patel Member
Vacant Member
Shri P.C.Sharma Member
Chairperson, National Commission Ex-officio Member for Minorities
Chairperson, National Commission Ex-officio Memberfor Scheduled Castes and Scheduled Tribes
Chairperson, National Commission Ex-officio Memberfor Women
The Chief Executive Officer of the Commission is its Secretary General 'Shri A.K. Jain',
Director General (Investigation) is 'Shri Sunil Krishna' and Registrar (Law) is 'Shri A.K. Garg'.
State Human Rights Commissions The Protection of Human Rights Act, 1993 makes provisions for the establishment of State Human Rights Commissions, 14 States have already set up such bodies.
Where is the Commission located and what are its contact numbers?
National Human Rights CommissionFaridkot House,Copernicus Marg, New Delhi - 110 001.Facilitation Centre (Madad): (011) 23385368Mobile No. 9810298900 (For complaints-24 hrs.)Fax: (011) 23386521 (complaints)/23384863 (Administration)/ 23382734 (Investigation)Email: [email protected] (General)/ [email protected] (For complaints)
[email protected] (Research Division)Web site: www.nhrc.nic.in
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Demonstration of the web page: Format for filing online complaints
Online Complaint Registration Form
Kindly enter the details of your complaint.
Name Sex [Select Sex]
Address
State [Select State]
District [Select District]
PIN
MobileE-mail
Your details
Name
Place
No. of Victims
Address
Write Complaint
State [Select State]
District [Select District]
AgePIN
Victim's details
Victim's details
Self
Sex [Select Sex]
Disability [Select Disbility]
Religion [Select State]
Caste [Select District]
Incident Date (dd/mm/yyyy)
Incident Category
State [Select State]
District [Select District]
Sub Category
No
Is it filed before any Court/ State Human Rights Commission?
Relief details
Pray/Relief sought
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Contact Details of State Human Rights Commissions
ANDHRA PRADESH STATE HUMAN RIGHTS COMMISSION
"GRUHAKALPA" Complex, M.J. ROAD, Nampally, HYDERABAD-500001
STD: 040 Fax: 24601573
E-Mail: [email protected]
Web: http://www.shrc.ap.gov.in/
ASSAM STATE HUMAN RIGHTS COMMISSION
STATFED HO Building, Bhangagarh, Guwahati,
Pin - 781 005 (Assam)
PHONE (+91 361) 2529450, 2527076, 2452387, 2457369FAX (+91 361) 2529450,
EMAIL: [email protected], [email protected] Web: www.ahrc.gov.in
BIHAR HUMAN RIGHTS COMMISSION
9,BAILEY ROAD, PATNA, BIHAR STD: 0612 Fax: 2232280
JAMMU & KASHMIR STATE HUMAN RIGHTS COMMISSION
DAWN BUILDING, DALGATE, SRINAGAR-119001
KARNATAKA STATE HUMAN RIGHTS COMMISSION
4th FLOOR, 5th PHASE, MULTISTOREYED BUILDING, BANGALORE-560 001.
STD: 080-22392200 Fax: 080-22392206, 22392207
Name, Designation &Address of the public servant
Update Cancel
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KERALA HUMAN RIGHTS COMMISSION
ARKA NILAYAM, M.P.APPAN ROAD, VAZHUTHACAUD TRIVANDRUM -14
PH. 0471-2337263, FAX 0471-2337148
E-Mail: [email protected]
Web: www.kshrc.kerala.gov.in
MADHYA PRADESH HUMAN RIGHTS COMMISSION
Paryavas Bhawan, Block-I, Jail Road, Bhopal (M.P.)
PBX: 0755-2572034 Fax: 2574028Tollfree: 1800-2336399
E- mail:- [email protected]
Web: http://www.mphrc.nic.in/
MAHARASHTRA HUMAN RIGHTS COMMISSION
9, Hajarimal Somani Marg,
Near Chhatrapati Shivaji Terminus (VT), Mumbai - 400001
Ph No : 91 22 22034233 Fax : 91 22 2209 1804
Email : [email protected]
Web: http://mshrc.maharashtra.gov.in/
MANIPUR STATE HUMAN RIGHTS COMMISSION
COURTS COMPLEX, LAMPHEL, IMPHAL -795004
STD: 0385 Fax: 2410472
E-Mail: [email protected]
ORRISA STATE HUMAN RIGHTS COMMISSION
Toshali Plaza Complex (2nd Floor), Satya Nagar, P.O. Saheed Nagar, Bhubaneswar-751007, Orissa
STD: 0674 Fax: 2564333/2390563
PUNJAB STATE HUMAN RIGHTS COMMISSION
SCO NO. 20-21-22, SECTOR 34A, CHANDIGARH 160 034
Ph. : 91-172-3029610, 91-172-3029611, Fax 91-172-3029666
Email: [email protected]
Web: http://www.pshrc.net/
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RAJASTHAN STATE HUMAN RIGHTS COMMISSION
102, 120 - A, S. S. O. Building, Secretariat, Jaipur
Phone: 0141-2227868 Fax: 2227738
E-Mail: [email protected]
Web: http://rshrc.nic.in/
STATE HUMAN RIGHTS COMMISSION, TAMIL NADU
Thiruvarangam
143, P.S. Kumarasamy Raja Salai, (Greenways Road)
Chennai 600 028, Tamilnadu.
Phone : 91-44-2495 1484, Fax : 91-44-2495 1484
E-mail : [email protected]
Web: http://www.shrc.tn.nic.in
UTTAR PRADESH HUMAN RIGHTS COMMISSION
4/44 Vishal Khand, Gomti Nagar, Lucknow - 226010
STD: 0522 Fax: 2304513
E-Mail: [email protected]
WEST BENGAL HUMAN RIGHTS COMMISSION
BHABANI BHAVAN, ALIPORE, KOLKATA-27
Phone No. 91-33-24797727/1629 Fax: 24799633
E-Mail: [email protected]
Web:
THE NATIONAL AND THE SATE COMMISSION FOR MINORITIES
Extracts from the Prime Minister's fifteen Point Program
(D) Prevention & Control of Communal Riots
(13) Prevention of communal incidents
In the areas, which have been identified as communally sensitive and riot prone districts and police officials of the highest known efficiency, impartiality and secular record must be posted. In such areas and even
www.wbhrc.nic.in
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elsewhere, the prevention of communal tension should be one of the primary duties of the district magistrate and superintendent of police. Their performance in this regard should be an important factor in determining their promotion prospects.
(14) Prosecution for communal offences
Severe action should be taken against all those who incite communal tension or take part in violence. Special court or courts specifically earmarked to try communal offences should be set up so that offenders are brought to book speedily.
(15) Rehabilitation of victims of communal riots.
Victims of communal riots should be given immediate relief and provided prompt and adequate financial assistance for their rehabilitation.
Contact Details of State Minority Commissions
List of State Minorities Commissions
Sl. No.
State Chairperson Address Tel. No. Fax. No.
1 Andhra Pradesh(Statutory Commission)
Mr. YousufQureshi
A.P. State Minorities Commission Room No. 301, A-Block, Secretariat Bldg. Hyderabad – 500 022.
040- 23453078 23453206
040- 23453206
2 Assam (Non-Statutory)
Vacant Assam State Minorities Commission, Assam Sectt. Sujata Apartments, Christian Basti Guwahai – 781 006.
O361-2341026, 9864097070
0361-205992
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3 Bihar (Statutory)
Sh. Naushad Ahmad
Bihar State Minorities Commission Barrack No. 7, Old Secretariat, Patna – 300 015.
0612-2213595(O) 2236742 0612- 2320864(R)
0612-2213706
4 Chhattisgarh (Statutory)
Haji Inayat Ali
Chhattisgarh Minorities Commission C-186, Shailendra Nagar Raipur (C.G.) – 492 001.
0771-2424807 2424809(O) 9425203377(M)
0771-24248072424809
5 Delhi (Statutory) Delhi State Minorities Commission Act, 1999
Sh. Kamal Faruqui
Delhi State Minorities Commission1st Floor, C-Block Vikas Bhawan, New Delhi.
01123370825, 23384950
011 23378752
6 Jharkhand(Statutory)
Vacant Jharkhand Minorities Commission Ranchi
0651-2403951, 2403215(O)2441586Sh. Haque, Dy Secy 9431108613
0651-24039522403630
7 Karnataka (Statutory)
Vacant Karnataka State Minorities Commission5th Floor, Vesveshwariah Tower(M) Dr.B.R.Ambedkar Veedhi, Bangalore – 560 001
080-2286 42042286 3400
080-2286 3282
8 Madhya Pradesh (Statutory)
Vacant M.P. State Minorities Commission E-Block, Old Secretariat, Bhopal – 462 011
0755- 5292464, 5292401 (O)5292402 ® 9826089241
0755-5292463
9 Maharashtra (Non-Statutory)
Sh. Mohd. Naseem Siddiqui
Maharashtra State Min Commission, Behind J. J. School of Arts, Badruddin Tayabji Marg, Near C.S.T. Mumbai – 1.
022-22610156, 22650085
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10 Manipur(Non-Statutory)
Shri Abdul Halim
Choudhury
Manipur State Minorities Commission 3rd Floor, Ministers' Block, Room No.106 & 107, Secretariat Building, Imphal (Manipur).
0385-2229665(O)2220198 2221946
11 Rajasthan (Statutory)
Sardar Jasvir Singh
Rajasthan State Minorities Commission Room No. 321, S S Bhawan Secretariat Jaipur – 302 001
0141-2227100(O)2227437
0141-2227437Tel-fax
12 Tamil Nadu(Non-Statutory)
Rev. Fr. Vincent
Chinnadurai
Tamil Nadu State Minorities Commission, 150, Luz Church Road, Santhorne Communications Centre, P. B. No. 6154Chennai–600018
044-24660150 24991344
13 Uttar Pradesh (Statutory)
Sh. Ghayasuddin
Kidwai
U.P. State Minorities Commission 601,Indira Bhawan Lucknow – 226 001
0522-2287097
14 Uttarakhand (Statutory)
Sardar Harvinder Singh Virk
Uttaranchal State Minorities Commission, 14/1, Laxmi Road, Dehradun
0135 2671201
15 West Bengal (Statutory)
Dr Syed . Sajjad Zaheer
Adnan
West Bengal Minorities Commission, 34/IE, Lower Range, Kolkatta-
033-2439887(O)2479 2894-2895 9830216148
033-24398592
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National Commission for Women
The National Commission for Women was set up as statutory body in January 1992 under the
to :
¦review the Constitutional and Legal safeguards for women ;
¦recommend remedial legislative measures ;
¦facilitate redressal of grievances and
¦advise the Government on all policy matters affecting women.
THE MANDATE OF THE COMMISSION
Under SECTION 10 of the National Commission for Women Act, 1990 (Act No. 20 of 1990 of Govt. of India) the Commission performs number of functions. These functions are summarized below:
a. investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws;
b. present to the Central Government, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguard;
c. make in such reports recommendations for the effective implementation of those safeguards for the improving the conditions of women by the Union or any state;
d. review, from time to time, the exiting provisions of the Constitution and other laws affecting women and recommend amendments thereto so as to suggest remedial legislative measures to meet any lacunae, inadequacies or shortcomings in such legislations;
e. take up cases of violation of the provisions of the Constitution and of other laws relating to women with the appropriate authorities;
f. look into complaints and take suo moto notice of matters relating to:-
National Commission for Women Act, 1990 (Act No. 20 of 1990 of Govt.of India )
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i. deprivation of women's rights;
ii. non-implementation of laws enacted to provide protection to women and also to achieve the objective of equality and development;
iii. non-compliance of policy decisions,guidelines or instructions aimed at mitigating hardships and ensuring welfare and providing relief to women, and take up the issues arising out of such matters with appropriate authorities;
g. call for special studies or investigations into specific problems or situations arising out of discrimination and atrocities against women and identify the constraints so as to recommend strategies for their removal;
h. undertake promotional and educational research so as to suggest ways of ensuring due representation of women in all spheres and identify factors responsible for impeding their advancement, such as, lack of access to housing and basic services, inadequate support services and technologies for reducing drudgery and occupational health hazards and for increasing their productivity;
i. participate and advice on the planning process of socio-economic development of women;
j. evaluate the progress of the development of women under the Union and any State;
k. inspect or cause to inspected a jail, remand home, women's institution or other place of custody where women are kept as prisoners or otherwise and take up with the concerned authorities for remedial action, if found necessary;
l. fund litigation involving issues affecting a large body of women;
m. make periodical reports to the Government on any matter pertaining to women and in particular various difficulties under which women toil;
n. any other matter which may be referred to it by Central Government.
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The commission operates through following wings established under the Act to aid the functioning of the Commission.
Complaints and Counseling Cell
The Complaints and Counseling Cell of the commission processes the complaints received oral, written or suo moto under Section 10 of the NCW Act.
The complaints received relate to domestic violence, harassment, dowry, torture, desertion, bigamy, rape, refusal to register FIR, cruelty by husband, deprivation, gender discrimination and sexual harassment at work place.
The complaints are tackled as below :-
?Investigations by the police are expedited and monitored.
?Family disputes are resolved or compromised through counseling.
?For serious crimes, the Commission constitutes an Inquiry Committee which makes spot enquiries, examines various witnesses, collects evidence and submits the report with recommendations. Such investigations help in providing immediate relief and justice to the victims of violence and atrocities. The implementation of the report is monitored by the NCW. There is a provision for having experts/lawyers on these committees.
The State Commission, the NGOs and other experts are involved in these efforts.
The complaints received shows the trend of crimes against women and suggests systemic changes needed for reduction in crimes.
The complaints are analyzed to understand the gaps in routine functioning of government in tackling violence against women and to suggest corrective measures.
The complaints are also used as case studies for sensitization programmes for the police, judiciary, prosecutors, forensic scientists, defense lawyers and other administrative functionaries.
As per the 1997 Supreme Court Judgment on Sexual Harassment at Workplace, ( Vishakha Vs. State of Rajasthan ) every employer is
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required to provide for effective complaints procedures and remedies including awarding of compensation to women victims. In sexual harassment complaints, the concerned organization are urged to expedite cases and the disposal is monitored.
Legal Cell
Some provisions of the NCW Act specifically requires the commission to :
?Investigate and examine all matters relating to the safeguards provided for women under the Constitution and other laws;
?Present to the Central Government, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards;
?Make in such reports recommendations for the effective implementation of those safeguards for improving the conditions of women by the Union or any state;
?Review, from time to time, the existing provisions of the Constitution and other laws affecting women and recommend amendments thereto so as to suggest remedial legislative measures to meet any lacunae, inadequacies or shortcomings in such legislation;
?Take up the cases of violation of the provision of the Constitution and of other laws relating to women with appropriate authorities;
The primary mandate of the Commission is to review the constitutional and legal safeguards provided for women, recommend remedial legislative measures, felicitate redressal of grievances and advice the Government on all policy matters affecting women. Here's what you will find in this section.
PARIVARIK MAHILA LOK ADALAT (PMLA):- An alternative justice delivery system
The National Commission for Women has evolved an innovative concept of PMLA for redressal and speedy disposal of cases under Legal Service Authority Act, 1987, which has its roots in the traditional Nyaya Panchayats.
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The essential features of PMLA are amicable mutual settlement and flexibility in functioning. The NGOs in association with District Legal Aid and Advisory Board, activists, advocates and others, organize Parivarik Mahila Lok Adalats with the Commission's financial assistance.
Address:
National Commission for Women 4, Deen Dayal Upadhayaya Marg,New Delhi-110 002.
91-11-2323716691-11-23236988
Fax: 91-11-23236154
Complaints Cell: 91-11-23219750
E-mail: [email protected]
Web: ncw.nic.in
National Commission for Protection of Child Rights
The National Commission for Protection of Child Rights (NCPCR) was set up in March 2007 under the Commission for Protection of Child Rights Act, 2005, an Act of Parliament (December 2005). The Commission's Mandate is to ensure that all Laws, Policies, Programmes, and Administrative Mechanisms are in consonance with the Child Rights perspective as enshrined in the Constitution of India and also the UN Convention on the Rights of the Child. The Child is defined as a person in the 0 to 18 years age group.
1. The Commission performs the following functions for the protection of Child
a. Examine and review the safeguards provided by or under any law for the time being in force for the protection of child rights and recommend measures for their effective implementation
b. Present to the Central Government, annually and at such other intervals, as the Commission may deem fit, Reports upon the working of those safeguards
c. Inquire into violation of child rights and recommend
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initiation of proceedings in such cases
d. Examine all factors that inhibit the enjoyment of rights of children affected by terrorism, communal violence, riots, natural disasters, domestic violence, HIV/ AIDS, trafficking, maltreatment, torture and exploitation, pornography, and prostitution and recommend appropriate remedial measures
e. Look into matters relating to children in need of special care and protection, including children in distress, marginalised and disadvantaged children, children in conflict with law, juveniles, children without family and children of prisoners and recommend appropriate remedial measures
f. Study treaties and other international instruments and undertake periodic review of existing policies, programmes, and other activities on child rights and make recommendat ions for their effect ive implementation in the best interest of children
g. Undertake and promote research in the field of child rights
h. Spread child rights literacy among various sections of society and promote awareness of the safeguards available for protection of these rights through publications, media, seminars and other available means
i. Inspect or cause to be inspected any juvenile custodial home or any other place of residence or institution meant for children, under the control of the Central Government or any State Government or any other authority including any institution run by a social organization, where children are detained or lodged for the purpose of treatment, reformation or protection and take up with these authorities for remedial action, if found necessary
j. Inquire into complaints and take sup moto notice of matters related to:
I. Deprivation and violation of child rights
ii. Non implementation of laws providing for protection
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and development of children
iii. Non compliance of policy decisions, guidelines or instructions aimed at mitigating hardships to and ensuring welfare of the children and to provide relief to such children or take up the issues arising out of such matters with appropriate authorities
Such other functions as it may consider necessary for the promotion of child rights and any other matter incidental to the above function
2. The Commission shall not inquire into any matter which is pending before a State Commission or any other Commission duly constituted under any law for the time being in force. In addition, the Commission is to perform the following functions as well:
a. Analyse existing law, policy and practice to assess compliance with Convention on the Rights of the Child, undertake inquiries and produce reports on any aspect of policy or practice affecting children and comment on proposed new legislations from a child rights perspective
b. Present to the Central Government annually and at such intervals as the Commission may deem fit, Reports upon the workings of these safeguards
c. Undertake formal investigations where concern has been expressed either by children themselves or by concerned persons on their behalf
d. Ensure that the work of the Commission is directly informed by the view of children in order to reflect their priorities and perspectives
e. Promote, respect and seriously consider the views of children in its work and that of all Givernment Departments and Organizations dealing with children
f. Produce and disseminate information about cild rights
g. Compile and analyse data on children
h. Promote the incorporation of child rights into the school curriculum, teachers training and training of personnel dealing with children.
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3. The Commission, while enquiring into any matter, has all powers of the Civil Court trying a suit under the Code of Civil Procedures, 1908 and in particular, with respect to the following matters:
1. Summoning and enforcing the attendance of any person from any part of India and examining them on oath
2. Requiring the discovery and production of any documents
3. Receiving evidence on Affidavits
4. Requisitioning of any Public Record or copy thereof from any Court of Office
5. Issuing commissions for the examination of witnesses or documents
6. Forwarding cases to Magistrates who have jurisdiction to try the same
7. On completion of inquiry, the Commission has the powers to take the following actions:
a. To recommend to concerned Government for initiation of proceedings for prosecution or other suitable action on finding any violation of child rights and provisions of law during the course of an inquiry
b. To approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary
c. To recommend to concerned Government or authority for grant of such interim relief to the victim or the members of his family as considered necessary
Complaints on Childs Rights
One of the Core Mandates of the Commission is to inquire into complaints of violations of child rights. The commission is also required to take suo motu cognizance of serious cases of violation of child rights and to examine factors that inhibit the enjoyment of rights of children.
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1. Complaints may be made to the Commission in any language of the 8th Schedule of the Constitution
2. No fee shall be chargeable on such complaints
3. The complaint shall disclose a complete picture of the matter leading to the complaint
4. The Commission may seek further information/ affidavits as may be considered necessary
While making a complaint, please ensure that the complaint is:
1. Clear and legible and not vague, anonymous or pseudonymous
2. Genuine, not trivial or frivolous
3. Not related to civil disputes such as property rights, contractual obligations and the like
4. Not related to service matters
5. Not pending before any other commission duly constituted under law or sub-judice before a court/ tribunal
6. Not already decided by the Commission
7. Not outside the purview of the Commission on any other grounds
Complaints may be addressed to:
The Chairperson
National Commission for Protection of Child Rights,
5th Floor, Chanderlok Building, 36, Janpath,
New Delhi - 110 001
Ph: 011-23731583/ 23731584
(E-Mail:
Web: http://ncpcr.gov.in/
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PART FIVE
How to File Complaints in the Press Council of India
iii
PART FIVE
How to File Complaints in the Press Council of India
This chapter explains the procedure for filing complaints to the Press Council of India in case Socio legal workers come across and have sufficient reason or information to believe that a news is false, represents wrong fact, attempts to malign the image of a person, body of individuals, society and is against the 'journalistic ethics'
1. Complaints against the Press
It is open to any person to lodge a complaint with the Press Council against a newspaper for a breach of the recognized ethical standards of journalism. However, these standards are not defined within the Act or the Rules of 1979.The complainant need not necessarily be the person aggrieved or directly involved. The alleged breach may be in the publication or non-publication of a news-item or statement, or other material, like cartoons, pictures, photographs, strips or advertisement which are published in a newspaper. Cases can also be initiated by any member of the public against any professional misconduct by an editor, working journalist, and staff of a newspaper or engaged in freelance work. There can also be a complaint against any matter transmitted by a news agency by any means whatsoever.
A. Time Period or filing complaints
By virtue of the Press Council (Procedure for Inquiry) Regulations, 1979, complaint shall be lodged with the Council within the following periods:
(i) Dailies, News agencies and Weeklies …….. within 2 months
(ii) In all other cases……. within 4 months
Provided, that a relevant publication of an earlier date may be referred to in the complaint.
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B. Procedure for filing the complaint
Step -1: Write to the editor first
It is a requirement of the Inquiry Regulations that the complainant should initially write to the editor of the newspaper drawing his attention to what the complainant considers to be a breach of journalistic ethics or an offence against public taste. Such prior reference to the editor affords him an opportunity to deal with the matter in the first instance and thus allows the respondent to take such remedial action as he might consider appropriate before the complaint is lodged with the Council. This rule is necessary because it acquaints the editor with the identity of his accuser and the details of the complaint. It is conceivable that in some instance the complainant has been wrongly informed or has misinterpreted the facts. In others, it may be a case of inadvertent error which the editor is only too ready to admit and correct. If the would-be-complainant is satisfied, that would be the end of the matter.
Step 2: Attach the copies earlier correspondence
Where, after reference to the newspaper, the person desires to proceed with the complaint, he should enclose with his complaint copies of correspondence with the editor, if no reply has been received from the editor, the fact should be mentioned in the complaint.
Step 3: Address and Particulars of the alleged News paper
The complainant has, in his complaint, to give the name and address of the newspaper, editor or journalist against whom the complaint is directed. A clipping of the matter or news-items complained of, in original or self attested copy (English translation, if the news item(s) is in vernacular) should accompany the complaint. The complainant has to state in what manner the passage or news-items or the material complained of is objectionable. He should also supply other relevant particulars, if any.
In the case of a complaint against non-publication of material the complainant will, of course, say how that constitutes a breach of journalistic ethics.
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C. When complaints cannot be entertained?
The Council cannot deal with any matter which is sub-judice in the law court. The complainant has to declare that “to the best of his knowledge and belief he has placed all the relevant facts before the Council and that no proceedings are pending in any court of law in respect of any matter alleged in the complaint.” A declaration that “ he shall notify the Council forthwith if during the pendency of the inquiry before the Council any matter alleged in the complaint becomes the subject matter of any proceedings in a court of law" is also necessary.
2. Complaints regarding oppression to Press freedom
A newspaper, a journalist or any institution or individual can complain against Central or State Government or any organization or person for interference with free functioning of the press or encroachment on the freedom of the press. Such complaints should contain full particulars of the alleged infringement whereupon the Council shall follow the procedure of inquiry set out herein above so far as may be.
The opinion expressed by the Council sub serves two useful purposes, namely (i) that any abuse of press freedom does not pass without anybody noticing it or raising a finger of protest, and (ii) that the press should not in its own interest indulge in scurrilous or other objectionable writings-writings such as have been considered below the level of recognized standards of journalistic ethics by a fair minded jury like the Council constituted of the press itself, for it would lead to the very loss of the much prized freedom of the press.
Address of the respondent:
It is a requirement of the Inquiry Regulations that the complainant should draw the attention of the respondent(s)/authorities towards the grievances state how the action/inaction of the respondent authorities amounts to curtailment of the freedom of the press mention the possible reason for the action/inaction of the respondent(s)/authorities duly supported by documentary evidence and furnish a copy of the letter written to the respondent(s)/authorities.
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Other important points to be remembered
?In case the action of the respondent(s)/authorities is a reprisal measure for writings in the newspaper, critical of the respondent(s), the cuttings of such reports be furnished in original or as self attested copies (English translation, if the news item(s) is in vernacular.
?Furnish a copy of the reply, if any received from the respondent(s)/authorities. Provided that the Chairman may waive this requirement in his discretion.
?By virtue of the Press Council(Procedure for Inquiry) Regulations, 1979, limitation of time is four months from the date of cause of action.
?Provided that the Chairman may condone the delay if he is satisfied that there exist sufficient reasons for such condonation.
?The Council cannot deal with any matter which is sub-judice in the law court. The complainant has to declare that “to the best of his knowledge and belief he has placed all the relevant facts before the Council and that no proceedings are pending in any court of law in respect of any matter alleged in the complaint.” A declaration that “ he shall notify the Council forthwith if during the pendency of the inquiry before the Council any matter alleged in the complaint becomes the subject matter of any proceedings in a court of law" is also necessary.
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F. No.
DECLARATION
I, Shri/Smt..........................................................................................do hereby affirm and declare as under :-
(1) That to the best of my knowledge and belief I have placed all the relevant facts before the Council and that no proceedings are pending inany court of law in respect of any matter alleged in the complaint;
(2) That I shall inform the Council forthwith if during the pendency of the inquiry before the Council any matter alleged in the complaint becomes the subject matter of any proceedings in a court of law.
(Signature of the complainant)
Address .....................................
.....................................
.....................................
--------------------------------------------------------------------------------
NOTE: This declaration is required under Section 14(3) of the Press Council Act, 1978 read with Regulation 3(2) of the Press Council (Procedure for Inquiry) Regulations, 1979. The complainant is requested to sign the declaration if the matter is not sub-judice and send it back to the Council for record.
Section 14(3)
"Nothing in sub-section (1) shall be deemed to empower the Council to hold any inquiry into any matter in respect of which any proceeding is pending in a court of law.
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3 Format for reporting an event or incident
Once you have all the relevant information, the structure of the story is very important.
First paragraph: A very quick summation of the story (less than 3 lines including date, place and time of the incident), including the 'hook' (the most interesting part of the story, the gimmick that makes it newsworthy).
Second paragraph: Explanation of basic facts.
Third paragraph: For preference, a quote from a source who is likely to know what they're talking about (this is to supplement the fact you are a journalist/reporter/ socio legal worker, not an expert in the issue you're reporting on).
Fourth paragraph: More information and introduction of the other side - there always is one.
Fifth paragraph: Quote from the other person.
Be concise. If a story can be adequately explained in 50 words, then do so. A good exercise is looking at news articles in the papers and working out how you could sum them up in ten words.
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ANNEXURE
a.
b.
c.
Writ Petition format
Application for Legal Aid
Format Application for compensation
FORMAT OF WRIT PETITION
A. SYNOPSIS AND LIST OF DATES (Specimen enclosed)
B. FROM NEXT PAGE
IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
CIVIL WRIT PETITION NO. OF 2005
IN THE MATTER OF
.....Petitioner
versus
....Respondents
PETITION UNDER ARTICLE________OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF ___________UNDER ARTICLE ______OF THE CONSTITUTION OF INDIA.
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To
Hon'ble The Chief Justice of India and His Lordship's Companion Justices of the Supreme Court of India. The Humble petition of the Petitioner abovenamed.
MOST RESPECTFULLY SHEWETH :
1. Facts of the case
2. Question(s) of Law
3. Grounds
4. Averment:-
That the present petitioner has not filed any other petition in any High Court or the Supreme Court of India on the subject matter of the present petition.
PRAYER
In the above premises, it is prayed that this Hon'ble Court may be pleased:
(i) .............
(ii) to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL AS INDUTY BOUND, EVER PRAY.
FILED BY:
PETITIONER-IN-PERSON
DRAWN:
FILED ON:
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C. The Writ Petition should be accompanied by:
(i) Affidavit of the petitioner duly sworn.
(ii) Annexures as referred to in the Writ Petitioner, Rs.2/- per annexure.
(iii) 1+5 copies of the Writ Petition are required
(iv) Court fee of Rs.50/- per petitioner (In Crl. Matter no court fee is payable)
(v) Index (As per Specimen enclosed)
(vi) Cover page (as per Specimen enclosed)
(vii) Any application to be filed, Rs. 12/- per application
(viii) Memo of appearance, Rs. 5/- Court fee.
Petitioner-in-person may see a copy of WP (kept with AR-IB) to have practical knowledge about drafting of petition.
********
117
I N D E X
Sl. No. PARTICULARS PAGES
1. Synopsis and List of Dates
2. Writ Petition alongwith Affidavit in support
3. Annexures
4. Application if any
118
IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
CIVIL WRIT PETITION NO. OF 200__
.....Petitioner
Versus
......Respondent
P A P E R - B O O K
FOR INDEX KINDLY SEE INSIDE
FILED BY:
(ADVOCATE FOR THE PETITIONER/
PETITIONER-IN-PERSON)
Filed on:
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FORM B
APPLICATION FOR LEGAL AID OR ADVICE
[See regulation 37 (1)]
To
The Member-Secretary/Secretary,
________________________Authority/Committee
Sir,
I, Shri/Shrimati _____________________________________, aged about _________________ years son / daughter / wife of ___________________________________, at present residing at _______________________________________________ , beg to apply for legal aid / advice under the following circumstances, namely :-
1. I am employed / not employed:_______________________
(a)Occupation ______________________________________ (Nature of employment, service, trade, business, etc.)
(b)Whether employed in Army, Navy or Air Force or Police Force or retired there from ____________________________
(c)Period of employment and date of retirement____________
(d)Total monthly income from all sources is _______________
2.My monthly income from all sources is __________________
3.(a) My residential premises are rented in my name alone / jointly in the names of ________________________________
(b) The value / monthly rent thereof is ___________________
4.I have owned land measuring _________ in total under Dag No____ of patta No_____ of Village/Town_______________ Mauza __________ P.S. _____________ District ___________
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paying revenue of Rs ____________ per annum (details of the land particulars shall be furnished).
(a) The value of the produces of the land is Rs. _____________
(b) My total annual income from the land and other properties is Rs _______________
5. My other sources of income are _______________________ (Detail particulars shall be furnished.)
6. My other assets, properties and effects and their value are Rs _______________ (Details particulars shall be furnished.)
7. I have / have not disposed of any of my properties, assets or effects within a period of six months prior to the date of this application by way of sale, gift, mortgage or otherwise. (If anything has been disposed of details thereof, including the consideration, shall be furnished).
8. The total number of my family members is ______________ and they are as shown below,-
Names Age Relationship Occupation Annual income
with the applicant (If any) (If any)
1._____________ ____ ____________ __________ _____________
2._____________ ____ ____________ __________ _____________
3._____________ ____ ____________ __________ _____________
4._____________ ____ ____________ __________ _____________
5._____________ ____ ____________ __________ _____________
9.The number of dependent member in my family is _________
10.The income, if any of other members of my family residing with me is as under, (details shall be furnished) :-
11.The nature of legal aid or advice required is and the same is in respect of __________ (State the nature of disputes, claims or right and the document right and other relevant particulars
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thereof.)
12. The proof in support of my aforesaid claim/right/defence/ plea is as under,(state in details): _________________________
13. I have / have not applied for legal aid or advice previously. (If applied previously, state the details thereabout including the result and if any advice was given, state the advice.) ______________________________________________________________________________________________________________________________________________________
14. I am willing to furnish such further information and particulars as may be required for the purpose of enabling the _______________________________ Authority / Committee to consider this application fully.
15. I am / am not in a position to bear the expenses of- the Court case and the costs of miscellaneous proceedings. (The Applicant may also state the amount, which he is prepared to pay by way of costs and miscellaneous costs or a portion or part thereof.)
16. I shall reimburse the _______________________________ Authority / Committee all costs, charges and expenses incurred by the said ________________________ Authority / Committee in giving me legal aid, if the Court passes a decree or order in my favour awarding costs, or other monetary benefit or advantage to me or if I cease to be entitled to get the legal aid under these regulations.
17.The above statements are true to the best of my knowledge and belief.
Date. Signature or thumb impression of the Applicant Place Address _______________________________
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