Human Rights Courts Can Receive Complaints Directly, Rules Supreme Court

Karnataka Rule 6 upheld

The Supreme Court has restored proceedings against police officials after upholding Rule 6 of the Karnataka State Human Rights Courts Rules, 2006. It held that the Rule is consistent with the Protection of Human Rights Act, 1993 and falls within the State’s rule-making authority under Section 41.

Rule 6 enables a victim, legal representative, registered non-governmental organisation or public-spirited person to lodge a complaint directly before a designated Human Rights Court against a public servant alleged to have committed or abetted a human-rights offence under colour of office.

No mandatory commission-first route

The Court rejected the view that a complainant must first seek relief from the Human Rights Commission. Upon receiving a complaint, the Human Rights Court may direct investigation by an officer not below the rank of Superintendent of Police or proceed using the procedure governing private complaints, now read with the Bharatiya Nagarik Suraksha Sanhita, 2023.