How to File Complaint with WBHRC Online — Fees, Format, and Complete Procedure
Complete guide to filing a complaint with the West Bengal Human Rights Commission (WBHRC) in Kolkata. Learn about online complaint filing, affidavit format, required documents, fee structure, grounds for complaint, and the procedure for seeking compensation for human rights violations.
📑 Table of Contents
What Is the West Bengal Human Rights Commission
The West Bengal Human Rights Commission (WBHRC) is a statutory body established under the Protection of Human Rights Act, 1993 (PHRA), as amended by the Protection of Human Rights (Amendment) Act, 2006. The Commission is tasked with inquiring into complaints of human rights violations and negligence in the prevention of such violations by public servants within the state of West Bengal.
The WBHRC is composed of a Chairperson (who has been a Chief Justice of a High Court) and members (including a sitting or retired judge of a High Court, and persons with knowledge and experience in human rights). The Commission sits at Bhabani Bhavan, Alipore, Kolkata.
The WBHRC is one of the most active State Human Rights Commissions in India, having disposed of thousands of complaints since its inception. It has the power to visit jails, police lock-ups, and government-run institutions to inspect conditions and make recommendations. It also conducts public hearings and suo moto inquiries into systemic human rights violations.
🛡️ Human rights are defined broadly under the PHRA to include 'the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.'
Advocate Panchanand Shaw, with 5+ years of experience at Calcutta High Court, Bankshall, Alipore, and other Kolkata courts, assists clients in filing complaints before the WBHRC. Call +91 90070 00603 or visit 14 Hare Street, Kolkata — 700001.
Types of Human Rights Violations Covered by WBHRC
The WBHRC inquires into a wide range of human rights violations. The most common categories include:
• Police Atrocities: Custodial torture, custodial death, fake encounters, illegal detention, refusal to register FIR, wrongful arrest, and harassment by police officers.
• Prison Conditions: Overcrowding, lack of medical facilities, denial of legal aid, denial of parole/furlough, and inhumane treatment of prisoners.
• Violations by Government Departments: Illegal eviction, denial of pension, withholding of wages, denial of ration cards, and failure to provide essential services.
• Women and Child Rights: Domestic violence by in-laws (where police failed to act), trafficking, child labor, denial of maternity benefits, and harassment at workplace.
• Right to Health: Medical negligence in government hospitals, denial of treatment, and failure to control epidemics.
• Environmental Rights: Pollution affecting health, forced displacement by industrial projects without adequate compensation.
• Right to Education: Denial of admission in government schools, corporal punishment, and harassment of students from marginalized communities.
• Dalit/Adivasi/Minority Rights: Atrocities against SC/ST communities, communal violence, and denial of access to public places.
The key requirement is that the violation must involve a public servant — either as the perpetrator or as the negligent authority that failed to prevent the violation.
How to File a Complaint Online — Step-by-Step
The WBHRC has an online complaint filing system accessible through its official website (wbhrc.nic.in). The process is designed to be user-friendly:
Step 1 — Visit the Website: Go to wbhrc.nic.in and navigate to the 'Online Complaint' or 'File Complaint' section.
Step 2 — Fill the Complaint Form: The online form requires: (a) complainant's name, address, and contact details, (b) details of the victim (if different from the complainant), (c) name and designation of the public servant against whom the complaint is made, (d) the department/organization to which the public servant belongs, (e) the date and place of the incident, (f) a detailed description of the human rights violation, (g) the relief sought (compensation, inquiry, disciplinary action, etc.).
Step 3 — Upload Documents: Upload supporting documents — FIR copy (if any), medical reports, photographs, witness statements, RTI responses, correspondence with authorities, etc. The documents should be in PDF format.
Step 4 — Submit Affidavit: The complaint must be supported by an affidavit (sworn statement) verifying the facts. The affidavit can be uploaded or sent by post. The WBHRC accepts notarized affidavits.
Step 5 — Pay Fee: Pay the prescribed fee through the online payment gateway or submit a demand draft (details below).
Step 6 — Acknowledge and Track: After submission, a complaint number is generated. Note this number for tracking. The status can be checked online on the WBHRC website.
Offline Alternative: Complaints can also be sent by registered post to: The Secretary, West Bengal Human Rights Commission, Bhabani Bhavan, Alipore, Kolkata — 700027. The complaint must be accompanied by an affidavit and fees.
Documents and Affidavit Required
A complete complaint before the WBHRC must include:
1. Written Complaint: Setting out all material facts in chronological order, clearly specifying the human rights violated, and the relief claimed.
2. Affidavit: Sworn before a Notary Public or Oath Commissioner, verifying the facts stated in the complaint. The affidavit must be on non-judicial stamp paper of appropriate value (usually Rs. 10-20).
3. Copies of Supporting Documents: FIR, medical reports, RTI responses, photographs, correspondence with authorities, witness statements, and any other evidence.
4. Proof of Identity: Copy of Aadhaar card, voter ID, or passport of the complainant/victim.
5. List of Witnesses: If any, with their names and addresses.
6. Vakalatnama (if through lawyer): If the complaint is filed through an advocate.
Advocate Panchanand Shaw at +91 90070 00603 can assist in drafting the complaint, preparing the affidavit, and compiling the supporting documents to ensure your WBHRC complaint meets all requirements.
Fee Structure for Filing Complaints
The WBHRC charges a nominal fee for filing complaints. The current fee structure is:
• Complaints involving human rights violations where the victim/complainant is from BPL category: No fee (exempted)
• Regular complaints: Rs. 500 (payable by demand draft in favor of 'West Bengal Human Rights Commission' payable at Kolkata, or through online payment)
• Complaints alleging custodial death, custodial rape, or encounter killings: No fee
• Complaints by NGOs/voluntary organizations: Rs. 500
The fee is minimal and designed to ensure that financial constraints do not prevent victims from accessing the Commission. The BPL exemption covers a significant percentage of complainants.
Procedure After Filing — Inquiry, Notice, and Hearing
Once a complaint is registered, the WBHRC follows a structured procedure:
1. Preliminary Scrutiny: The Commission's registry examines the complaint for compliance with procedural requirements. If deficiencies are found, the complainant is given an opportunity to rectify them.
2. Notice to Respondent: If the complaint is found to be in order, the Commission issues notice to the respondent (the public servant/department) to file a reply within a specified time, usually 4-6 weeks.
3. Investigation: The Commission may direct its own investigation team to conduct an inquiry, visit the site, record statements, and submit a report. In custodial cases, a senior police officer or magistrate may be directed to conduct the investigation.
4. Hearing: After the reply and investigation report are received, the Commission fixes a date for hearing. Both parties are given an opportunity to present their case. The Commission sits in a Division Bench and the proceedings are quasi-judicial — it has the powers of a civil court for summoning witnesses, requiring discovery, and receiving evidence.
5. Final Order: The Commission passes a final order containing its findings and recommendations. The order may include: (a) a finding that human rights were violated, (b) recommendation for payment of compensation, (c) recommendation for disciplinary action against the erring public servant, (d) recommendation for prosecution, (e) directions to the government to take corrective measures, and (f) a copy to be sent to the concerned authorities for compliance.
6. Follow-Up: The Commission monitors compliance with its recommendations. The concerned authorities must report compliance within a specified time. If the government does not comply, the Commission can approach the Calcutta High Court.
Powers of WBHRC — Recommendations and Compensation
The WBHRC has significant powers under the Protection of Human Rights Act, but it is important to understand their scope and limitations:
Powers Equivalent to Civil Court: The Commission has all the powers of a civil court trying a suit under the CPC — summoning and enforcing attendance of witnesses, requiring discovery and production of documents, receiving evidence on affidavits, requisitioning public records, issuing commissions for examination of witnesses, and any other matter that may be prescribed.
Recommendations, Not Binding Orders: The crucial limitation is that the Commission's recommendations are recommendatory, not binding. The Supreme Court in National Human Rights Commission v. State of Arunachal Pradesh (1996) held that the Commission does not have adjudicatory powers — it cannot issue binding orders like a court. However, in practice, the government almost always accepts and complies with the Commission's recommendations due to the moral and political weight they carry.
Compensation: The Commission can recommend payment of compensation to victims. The quantum of compensation depends on the severity of the violation — for custodial deaths, it can run into several lakhs. The government is expected to comply with the recommendation.
Approach High Court/Supreme Court: If its recommendations are not complied with, the Commission can approach the Calcutta High Court under Article 226 or the Supreme Court under Article 32 for enforcement. The Commission itself has the locus standi to file such petitions.
Annual and Special Reports: The Commission submits annual reports to the State Government, which are tabled in the Legislative Assembly. It can also submit special reports on systemic issues.
If you have suffered a human rights violation in West Bengal, time is of the essence. Contact Advocate Panchanand Shaw at +91 90070 00603 for a consultation. With 5+ years of experience, Advocate Shaw can assist you in filing a complaint before the WBHRC, collecting evidence, and pursuing your case to its logical conclusion. Chamber: 14 Hare Street, Kolkata — 700001.
Frequently Asked Questions (FAQs)
What is the time limit for filing a complaint with WBHRC?+
Under Section 36(2) of the Protection of Human Rights Act, 1993, the WBHRC shall not inquire into any matter after the expiry of 1 year from the date on which the act constituting the violation is alleged to have been committed. However, the Commission has the discretion to entertain complaints beyond this period if the complainant satisfies the Commission that there was sufficient cause for the delay.
Can WBHRC award compensation to the victim?+
Yes. Under Section 18 of the Protection of Human Rights Act, the Commission can recommend the State Government to pay compensation to the victim. While the Commission's recommendations are not directly enforceable as a decree (they are recommendatory, not binding), they carry significant moral and persuasive weight. In practice, the State Government almost always complies with the Commission's recommendations. The Commission can also approach the Calcutta High Court for enforcement of its recommendations.
Is it necessary to engage a lawyer to file a complaint before WBHRC?+
No. The WBHRC is designed to be accessible to the common person. Complaints can be filed by the victim personally, without a lawyer. The complaint can be in any language (English, Bengali, Hindi) and can be handwritten. The Commission also has provisions for legal aid. However, for complex cases or cases involving multiple respondents, it is advisable to engage a lawyer. Advocate Panchanand Shaw provides affordable legal assistance for WBHRC complaints.
What if the police refused to register my FIR and I want to complain to WBHRC?+
Police refusal to register an FIR is a common ground for complaints to WBHRC. The Commission treats non-registration of FIR as a violation of the victim's right to access justice, which is part of the right to life under Article 21. The Commission can direct the police to register the FIR and can recommend disciplinary action against the erring police officer. It can also award compensation for the delay and harassment.
Can WBHRC take action against private individuals or companies?+
The WBHRC primarily deals with human rights violations by public servants (government employees, police, municipal authorities, etc.). It does not directly entertain complaints against private individuals or companies unless the violation is with the connivance or negligence of a public servant. Complaints against private entities for human rights violations (e.g., bonded labor, workplace harassment) may be entertained if state inaction is also alleged.
How long does the WBHRC take to dispose of a complaint?+
The time varies. Simple complaints may be disposed of within 3-6 months. Complex complaints involving multiple hearings can take 1-2 years. The Commission has a significant backlog. The complainant can request for early hearing in cases of urgency. The Commission also has the power to grant interim relief, including stay of eviction, medical assistance, or protection from harassment.