what a person should do if his fundamental rights are violated
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Answer:
Fundamental rights are a group of rights that have been recognized by the Supreme Court requiring a high degree of protection from government encroachment. These rights are specifically identified in the Constitution (especially in the Bill of rights), or have been found under due process.
AUTHORITIES WHO HANDLE CASES OF FUNDAMENTAL RIGHTS:
NATIONAL HUMAN RIGHTS COMMISSION: NHRC is an autonomous public body which was constituted on 12th October 1993. If the alleged act is of national importance then it takes suo moto action on its own.
STATE HUMAN RIGHTS COMMISSION: Every state in India has its own state human rights commission. If a person who wants to file any human rights violation case then he/ she can visit their respective state commission who handles such cases in that particular area.
COURTS OF LAW: A person can file a case in higher civil courts if in case his/ her fundamental rights are violated by a public authority or a public figure.
ESSENTIAL NUMBERS TO CONTACT:
NATIONAL HUMAN RIGHTS COMMISSION NUMBER: 24651330, 24663333
STATE HUMAN RIGHTS COMMISSION: Every state has its own state human rights commission based out at a communicable location.
COURTS: A person can approach any higher court in case of fundamental violation through his/ her lawyer. Also a person who is unable or don’t have sufficient finance to hire a lawyer can take help of human rights commission which is non chargeable.
As Fundamental rights are part of Universal Declaration of Human Rights (UDHR) an individual can easily approach the Human Rights Commission and follow the below guidelines for filing a violence case or any sort of immediate action that needs to be taken by a complainant.
IMMEDIATE ACTION TO TAKEN BY A VICTIM WHOSE FUNDAMENTAL RIGHTS HAS BEEN VIOLATED:
Complaint may be made to the commission either by the victim or by any other person on his behalf.
Complaint should be in a written format either in English, Hindi or any other language with which the victim is comfortable. Only one set of complaint is to be submitted to the commission.
Complaint can be sent either by main, fax or even by post.
No fees is chargeable on this complaints so if in case a victim is a person who has poor financial condition should not worry about finances and all.
If any documents are there with the victim which can support the violence of the human rights then it should be enclosed along with the complaint.
Name of the victim, his/ her age, sex, religion/ caste, State and District to which the incident relates, incident date etc. should invariably be mentioned in the complaint.
If possible one should submit the complaint in the format given down by the national or state human rights commission. He/ she can also take help of a learned person.
One should submit any human rights violation complaint within one month of the incident occurred.
The complaint should include all the details regarding the violence, abetment of human rights violence if any etc.
PROCEDURE TO FILE A FUNDAMENTAL RIGHTS CASE:
A person can file a case in civil courts depending on the grievance of the violence and also based on the particular right which has been violated.
A person can also go through human rights commission if a fundamental right is violated, or through any other form of arbitration.
PUNISHMENTS FOR VIOLATING HUMAN RIGHTS: The punishments for violation of fundamental rights are decided by the court of law based on the grievance and on the rights. Sometimes monetary compensation is also provided to the complainant. As fundamental rights are part of Indian Constitution and are enforceable by law so the courts has the sole rights to decide any form of punishment or compensation that is to be provided to the complainant.