Can one appeal to NHRC against order of SHRC?
Sumir
(Querist) 28 June 2009
This query is : Resolved
Recently I had filed complaint or appeal against Maharashtra Human Rights Commission to National Human rights Commission, which replied that case is dismissed because of sec 36 of protection of human rights act, what to do?
Kiran Kumar
(Expert) 28 June 2009
Sumir, Human Rights Commissions are not judicial bodies, in fact they are not even having any powers to issue any directions they can only recommend an action and only to the extent mentioned in S.18 of Protection of Human Rights Act, 1993.
as far as my knowledge is concerned there is no provision for such appeal or complaint against the commission itself.
further S. 36 of the act says MATTERS NOT SUBJECT TO JURISDICTION OF THE COMMISSION:-
1. the commission shall not inquire into any matter which is pending beforfe a state commission or any other commission duly constituted under any law for the time being in force.
2. the commission or the state commission shall not inquire into 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.
so, better u state the full facts here and the order which was given the State Human Rights Commission.
or you may consider your case in view of the above legal position.
one thing i must add Human Rights Commission is a Teeth Less Body.
