The National Human Rights Commission: What Happens After an Inquiry

In one line

Section 18 lets the Commission recommend compensation, prosecution or other action, approach the Supreme Court or the High Court for directions, recommend immediate interim relief, give the report to the petitioner, require the Government's comments within one month, and publish the report with those comments and the action taken.

Section 18, step by step

The Commission may take any of the following steps during or upon the completion of an inquiry.

(a) Recommendation

Where the inquiry discloses the commission of violation of human rights or negligence in the prevention of violation or abetment thereof by a public servant, it may recommend to the concerned Government or authority:

(i) to make payment of compensation or damages to the complainant or to the victim or the members of his family as the Commission may consider necessary;

(ii) to initiate proceedings for prosecution or such other suitable action as the Commission may deem fit against the concerned person or persons;

(iii) to take such further action as it may think fit.

The verb is recommend. The Commission cannot award compensation, cannot direct a prosecution, and cannot discipline anyone.

(b) The route to a court

Approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary.

This is the most powerful thing in the Act, because it lets the Commission convert its own finding into an application to a court that can issue binding orders under article 32 or article 226.

It is used sparingly, and the criticism of the Commission is largely a criticism of how rarely clause (b) is invoked.

(c) Interim relief

Recommend to the concerned Government or authority, at any stage of the inquiry, the grant of such immediate interim relief to the victim or the members of his family as the Commission may consider necessary.

Available at any stage, so a family does not wait for the conclusion, and in practice this is the clause that most often produces something tangible.

(d) The report to the petitioner

Subject to clause (e), provide a copy of the inquiry report to the petitioner or his representative.

(e) The Government's comments

The Commission shall send a copy of its inquiry report together with its recommendations to the concerned Government or authority, and that Government or authority SHALL, within a period of one month, or such further time as the Commission may allow, forward its comments on the report, including the action taken or proposed to be taken.

The word is "shall" and the period is one month. So the Government is under a statutory duty to respond, even though it is under no duty to comply.