How to File a Complaint With the National Human Rights Commission (NHRC) in India

Kaustav Chowdhury
Aug 5
6 min read

Introduction

The National Human Rights Commission (NHRC) is a statutory body established under the Protection of Human Rights Act, 1993, to protect and promote human rights in India. If you believe that your fundamental rights, or the rights of another person, have been violated by a public servant or government authority, you have the right to file a complaint with the NHRC. The Commission has the power to inquire into such complaints, recommend compensation, and direct the concerned authorities to take corrective action. Filing a complaint with the NHRC is free of charge, does not require a lawyer, and can be done entirely online. This guide walks you through the complete procedure, including the legal framework, eligibility, documents needed, and step-by-step instructions.

Legal Framework

The NHRC derives its powers and functions from the Protection of Human Rights Act, 1993 (as amended in 2006 and 2019). The key provisions relevant to filing a complaint are:

Section 12 lays down the functions of the Commission, including the power to inquire into complaints of human rights violations, either suo motu or on receipt of a petition.
Section 13 grants the Commission the powers of a civil court under the Code of Civil Procedure, 1908, while investigating complaints. This includes the power to summon witnesses, require the production of documents, and examine persons on oath.
Section 14 empowers the NHRC to utilize the services of any officer or investigation agency of the Central Government or any State Government for conducting investigations.
Section 18 outlines the steps the Commission may take after completing an inquiry, including recommending prosecution of the guilty, approaching the Supreme Court or High Court for appropriate directions, and recommending interim relief to the victim.

The NHRC's jurisdiction covers violations of human rights as defined in Section 2(d) of the Act, which includes rights relating to life, liberty, equality, and dignity of the individual guaranteed by the Constitution or embodied in international covenants. For complaints involving criminal acts by public servants, the Bharatiya Nagarik Suraksha Sanhita (BNSS) may also be relevant if a parallel criminal complaint before a Magistrate is being considered.

Who Can File a Complaint

Any person can file a complaint with the NHRC. There is no restriction based on nationality, age, or status. The key points regarding eligibility are:

The complainant does not need to be the victim. Any person, organization, or group acting on behalf of the victim may file the complaint.
Legal representation is not mandatory. You can file the complaint without engaging a lawyer.
Complaints can be submitted in English, Hindi, or any language included in the Eighth Schedule of the Constitution of India.
The complaint must relate to a violation of human rights by a public servant or negligence by a public servant in preventing such a violation. Private disputes between individuals are not within the NHRC's jurisdiction.
The incident must have occurred within one year prior to the date of filing. The NHRC generally does not entertain complaints regarding events older than one year.

Documents Required

While there is no rigid documentation requirement, the following materials strengthen your complaint and help the NHRC process it efficiently:

A written narrative of the incident, including the date, time, and location
Full name, address, and contact details of the complainant
Details of the victim (if different from the complainant), including name, age, gender, and address
Name, designation, and department of the public servant(s) involved
Supporting evidence such as medical reports, photographs, FIR copies, or witness statements
Copies of any previous correspondence with government authorities regarding the matter
Any relevant court orders, police complaints, or official records that substantiate the allegation

Step-by-Step Procedure: Filing Online

The NHRC has an online complaint registration system that allows you to file and track your complaint from anywhere. If you are also considering approaching the courts for human rights violations, you may want to read about how to file a Public Interest Litigation (PIL) in India or how to file a writ of habeas corpus under Article 226.

Visit the official NHRC complaint portal at hrcnet.nic.in.
Click on 'Complaint Registration' under the Complaints section on the homepage.
Enter your mobile number and email address. Select the State where the incident took place. An OTP (One Time Password) will be sent to your mobile number for verification.
After OTP verification, fill in the complainant details: full name, complete address, and contact information.
Provide the victim's details: name, age, gender, caste or community (if relevant), and the victim's relationship to the complainant.
Enter the incident details: the date and location of the incident, a detailed summary of the facts, the name and designation of the responsible public servant or authority, and the specific human rights violation alleged.
Specify the relief or remedy you are seeking from the NHRC.
Upload any supporting documents in PDF format.
Submit the complaint. Upon successful submission, you will receive a Unique Diary Number. Save this number carefully, as it is required to track the status of your complaint on the NHRC website.

Filing a Complaint by Post or Email

If you prefer to file your complaint offline, you may send it by post, fax, or email:

Draft a written complaint addressed to the Chairperson, National Human Rights Commission.
Include all the details listed above: complainant information, victim details, incident narrative, and the relief sought.
Send the complaint by post to: NHRC, Manav Adhikar Bhawan, Block-C, GPO Complex, INA, New Delhi, 110023. You can also send complaints by email to cr.nhrc@nic.in.
Complaints sent by post should include copies of supporting documents.

If you need to file complaints related to food safety violations, you may also consider filing a complaint with FSSAI. For insurance-related grievances, read about how to file an insurance claim rejection appeal before the IRDAI Ombudsman.

Fees and Timelines

Filing fee: There is no fee for filing a complaint with the NHRC. The process is entirely free.
Time limit: Complaints must be filed within one year of the date of the incident. Complaints filed after one year are generally not entertained.
Inquiry timeline: After receiving a complaint, the NHRC may call for a report from the concerned government or authority within a specified period, usually 4 to 6 weeks. The overall inquiry process can take several months depending on the complexity of the case.
Outcomes: The NHRC may recommend compensation to the victim, direct the concerned authority to take action, recommend prosecution of the guilty, or refer the matter to the appropriate court.

In cases involving illegal detention, you may additionally consider filing a writ of habeas corpus under Article 226 before the High Court. If you need to appear before the NHRC or a court and cannot do so in person, learn about how to apply for exemption from personal appearance in court.

Common Mistakes to Avoid and Important Tips

Do not file anonymous or pseudonymous complaints. The NHRC does not entertain complaints without the identity of the complainant.
Avoid vague or incomplete complaints. Provide specific facts, dates, and names. General allegations without supporting details are likely to be dismissed.
The NHRC does not have jurisdiction over private disputes. Complaints against private individuals or companies (unless a public servant is involved) will not be accepted.
Matters already pending before a court or a State Human Rights Commission are not taken up by the NHRC.
Keep copies of all documents submitted and note down your Diary Number for tracking purposes.
If your complaint is dismissed and you believe the decision is unjust, you may approach the High Court under Article 226 of the Constitution.
The NHRC can also take cognizance of human rights violations suo motu based on media reports or other credible information.

For related procedures, you may also find it useful to read about how to file a surety bond in a criminal case or the landmark ruling where the Supreme Court directed all states to appoint commissioners under the Rights of Persons with Disabilities Act.

Conclusion

Filing a complaint with the National Human Rights Commission is a straightforward and cost-free process that provides an important remedy for victims of human rights violations in India. Whether you choose to file online through the NHRC portal or submit your complaint by post, the Commission offers an accessible mechanism for holding public servants accountable. By ensuring that your complaint is detailed, well-documented, and filed within the prescribed time limit, you can effectively bring human rights violations to the attention of the NHRC and seek appropriate relief. The NHRC's powers under the Protection of Human Rights Act, 1993, make it a significant institution in safeguarding the fundamental rights guaranteed under the Constitution of India.