Human Rights Commissions Can Only Recommend And Not Direct Payment of Compensation: Chhattisgarh High Court

The Chhattisgarh High Court held that the Human Rights Commissions are a recommendatory body and has no jurisdiction to pass an order directing payment of compensation. Justice Sanjay K. Agarwal held that Section 18 of the Protection of Human Rights Act of 1993 only empowers the Commission to recommend and not adjudicate. “It has no adjudicatory jurisdiction, and the Government/its authority has an obligation to consider the recommendation of the Commission in accordance with the law.” the Court added. Section 3 and Section 21 of The Protection of Human Rights Act, 1993 respectively provides for the constitution of the National Human Rights Commission [NHRC] and State Human Rights Commissions [SHRCs]. Section 18(a)(i) gives the power to the Commissions to make recommendations to the authority or Government for payment of compensation/damages to the complainant/victim/members of his family as considered necessary.