How to invoke jurisdiction of National or State Human Rights Commissions for Right to Information:

How to invoke jurisdiction of National or State Human Rights Commissions for Right to Information:

1 Article 19 of Universal Declaration of Human Rights adopted on 10-12-1948 by General Assembly of United Nations and to which India was a signatory, states as under:
“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers” [Visit http://www.un.org/en/documents/udhr/]

2. United Nations' Human Rights Committee on 21-07-2011 at Geneva stated as under at paragraph 3 of General Comment No. 34:

“ Freedom of expression is a necessary condition for the realisation of the principles of transparency and accountability that are, in turn, essential for the promotion and protection of human rights.”
[http://www2.ohchr.org/english/bodies/hrc/docs/GC34.pdf]

3. UN General Assembly Resolution No. 59(I) dated 14-12-1946 states as:
“Freedom of information is a fundamental human right and is the touchstone of all the freedoms to which the United Nations is consecrated;”
[Refer: http://daccess-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/033/10/IMG/NR003310.pdf?OpenElement]
4. India is a member of United Nations and has ratified most of its resolutions especially in the matter of Human Rights and Freedom of Information [Right to Information].
5. In view of above, I am of the opinion that State and National Human Rights Commission have jurisdiction to hear and decide on non-submission or defective submission of information under RTI Act 2005.
6. Division Bench comprising its chairman Justice S N Jha and Justice Rajendra Prasad of Bihar Human Rights Commission has reportedly issued notices in May 2010 to State Govt. in the matter of RTI rules of the State. This shows that this Commission considers that it has jurisdiction to hear and decide RTI matters.
[ refer http://www.newkerala.com/news/fullnews-103579.html and
http://www.rtiindia.org/forum/53376-bihar-human-rights-commission-issues-notice-nitish-government.html]
7. Central Govt. and all State Govts. will be under jurisdiction of National Human Rights Commission [ www.nhrc.nic.in ]. States will be under jurisdiction of State Human Rights Commission for information pertaining to that State only. Only one commission can be approached. It is advisable to approach National Commission.
8. Complaint with Human Rights Commission can be filed before or after first appeal, but in no case after filing second appeal or complaint to Central or State Information Commission.
9. Please peruse guidelines appended below format of complaint posted at

http://nhrc.nic.in/Documents/Compformat.pdf

10. Please forward with a covering letter addressed to the respective Commission. Addresses are at www.nhrc.nic.in

11. Complaint has to be filed within one year of date on which defective information is received or date when information was due as per RTI Act [if no information is received]

12. It is advisable to send hard copy by speed ad post and also email [if email ID is available]. National Commission email ID is covdnhrc@nic.in


_______________________________________________________________


COMPLAINT WITH STATE OR NATIONAL HUMAN RIGHTS COMMISSION

A. Complainant’s Details:

Full Name:

Postal Address:

District: ________ State: ________ PIN Code: _________

Mobile/Phone No with STD code:

Email ID:

Sex: Male / Female. Age: ___ years

Religion: __________ Caste: SC/ST/OBC/Gen/Disabled ________

B: Place of incident:

Name of your village/town/city ________ Dist _______ State ______

C. Victim’s Details: My self as per details in column A supra.

D. Brief summary of facts/allegations of human rights involved:

As per attached annexure

E. Whether complaint is against Members of Armed Forces/
Para-Military: NO

F. Whether similar complaint has been filed before any Court/
State Human Rights Commission: NO

G. Name, designation & address of the public servant against whom
Complaint is being made:

Mention name [if known], Designation and address of CPIO/PIO

H. Name, designation & address of the authority/officials to whom the public servant is answerable:

Mention name [if known], designation and address of First Appellate Authority.

I. Prayer/ Relief if any, sought

a] CPIO/PIO be ordered to provide correct, complete and relevant information sought by me immediately free of cost.

b] Necessary action be initiated against CPIO/PIO and First Appellate Authority for violation of my human rights.

c] A compensation of Rs.10000/- be ordered in my favour for breach of my human rights.

d] Any other relief Hon’ble Commission deems fit be ordered.


Signature of Complainant
Encls: Self attested copies of RTI application, proof of mailing RTI application, reply of CPIO/PIO [if received], first appeal [if filed], reply of first appeal [if received]



Annexure:

D. Brief summary of facts/allegations of human rights involved


I humbly state as under:

1 Article 19 of Universal Declaration of Human Rights adopted on 10-12-1948 by General Assembly of United Nations and to which India was a signatory, states as under:
“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers” [Visit http://www.un.org/en/documents/udhr/]

2. United Nations' Human Rights Committee on 21-07-2011 at Geneva stated as under at paragraph 3 of General Comment No. 34:

“ Freedom of expression is a necessary condition for the realisation of the principles of transparency and accountability that are, in turn, essential for the promotion and protection of human rights.”
[http://www2.ohchr.org/english/bodies/hrc/docs/GC34.pdf]

3. UN General Assembly Resolution No. 59(I) dated 14-12-1946 states as:
“Freedom of information is a fundamental human right and is the touchstone of all the freedoms to which the United Nations is consecrated;”
[Refer: http://daccess-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/033/10/IMG/NR003310.pdf?OpenElement]
4. India is a member of United Nations and has ratified most of its resolutions especially in the matter of Human Rights and Freedom of Information [Right to Information].
5. In view of above, I humbly submit that this Hon’ble Commission has jurisdiction to admit, hear, decide and act on this complaint on non-submission or defective submission of information under RTI Act 2005.
6. I had submitted enclosed application dated ______ under Right to Information Act 2005 [RTI Act, for brevity] to CPIO/PIO, described at column G in complaint, seeking certain information. Proof of mailing /submission of RTI application is attached herewith. I have paid filing fee as per RTI rules.
7. CPIO/PIO has not provided requested information within time stipulated in RTI Act.
Or
CPIO/PIO has submitted information vide his letter No. __________ dated _______ [copy enclosed] which has following defects:
a]
b]
8. As provided in RTI Act, I filed attached appeal dated ________to appellate authority as detailed in column H of complaint. He has not decided my appeal within time stipulated under RTI Act OR he has concurred with decision CPIO/PIO and thus information is not supplied to me. [ Mention this para only if first appeal is filed].
9. CPIO/PIO & Appellate Authority [if applicable] has/have not provided information mandated under RTI Act and has/have thus violated my human rights.
Signature of Complainant
________________________________________________________________
Note: Please make necessary changes to suit individual case.


Compiled by:

J. P. Shah
09924106490
jpshah50@yahoo.co.in