NATIONAL HUMAN RIGHTS
COMMISSION, INDIA
also send a message to all concerned – complainants, public servants, etc. The Commission
orders a Spot enquiry in a range of cases concerning a variety of public authorities – from
illegal detention, extra judicial killing, etc. by the police to the lack of facilitites in a hospital
leading to unnatural deaths. Spot enquiries enhance the confidence of general public too
and instill their faith in NHRC’s role in protection of Human Rights. The Investigation Division
also gives its comments / observations, whenever sought, in the cases of advice / analysis,
besides monitoring cases whenever referred to it.
(b)
Custodial Deaths: As per the guidelines issued by the Commission to the State authorities,
the latter are supposed to intimate the Commission in case of any death occurring in
custody (whether in police or judicial custody) within 24 hours. The Investigation Division
on receiving of such intimations analyzes the reports in order to find out if there was any
human rights violation involved. In order to make the analysis more professional and
accurate, Investigation Division seeks opinion from the forensic experts on the panel of
NHRC.
(c)
Deaths in course of Police firing /encounters: The Commission has laid down detailed
guidelines for such cases in which people /criminals/extremists get killed during during a
police action such as firing. The matter is mandatorily to be reported to the Commission
within 48 hours followed by detailed report, PM reports, status of investigation by an
independent agency, Ballistics report, magisterial enquiry reports, etc. The investigation
division is entrusted with the work of analysis of such incidents and brings out the fallacies/
anamolies, if any, and put them before the Commission.
(d)
Fact Finding Cases: The Investigation Division also calls upon the different authorities
to submit reports in “Fact Finding” Cases as directed by the Commission. The Investigation
Division critically analyzes these reports with a view to assist the Commission in deciding
whether there is any violation of Human Rights or not. In cases where reports received are
misleading or not factual, the Commission orders a spot enquiry as well.
(e)
Training: The officers of the Investigation Division deliver lectures in training institutes
and other forums, wherever they are invited to spread human rights literacy and promote
awareness of the safeguards available for the protection of the human rights.
(f )
Rapid Action Cell: From the year 2007, the Investigation Division has taken the initiative of
making a Rapid Action Cell functional in the Commission. Under RAC cases, the Investigation
Division deals with cases which are of a very urgent nature e.g. the allegation may be
regarding child marriage likely to be performed the very next day or else the complainant
fears that a relative or friend picked up by the police may be killed in a false encounter.
In all such cases, the Investigation Division takes up the urgent follow up required by the
Commission. It may require speaking to them personally over telephone to ascertain
facts, faxing the complaint to various authorities for reference and asking them to send
their replies expeditiously – all these actions are performed by the Investigation Division.
ANNUAL REPORT 2018-19
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