17. Inquiry into complaints.—The Commission while inquiring into the complaints of violations of
human rights may—
(i) call for information or report from the Central Government or any State Government or
any other authority or organisation subordinate thereto within such time as may be specified by it:
Provided that—
(a) if the information or report is not received within the time stipulated by the
Commission, it may proceed to inquire into the complaint on its own;
(b) if, on receipt of information or report, the Commission is satisfied either that no
further inquiry is required or that the required action has been initiated or taken by the
concerned Government or authority, it may not proceed with the complaint and inform the
complainant accordingly;
(ii) without prejudice to anything contained in clause (i), if it considers necessary, having regard
to the nature of the complaint, initiate an inquiry.
1
[18. Steps during and after inquiry.—The Commission may take any of the following steps during
or upon the completion of an inquiry held under this Act, namely:—
(a) where the inquiry discloses the commission of violation of human rights or negligence in the
prevention of violation of human rights or abetment thereof by a public servant, it may recommend to
the concerned Government or authority—
(i) to make payment of compensation or damages to the complainant or to the victim or the
members of his family as the Commission may consider necessary;
(ii) to initiate proceedings for prosecution or such other suitable action as the Commission
may deem fit against the concerned person or persons;
(iii) to take such further action as it may think fit;
(b) approach the Supreme Court or the High Court concerned for such directions, orders or writs
as that Court may deem necessary;
1. Subs. by Act 43 of 2006, s. 11, for section 18 (w.e.f. 23-11-2006).
10
(c) recommend to the concerned Government or authority at any stage of the inquiry for the grant
of such immediate interim relief to the victim or the members of his family as the Commission may
consider necessary;
(d) subject to the provisions of clause (e), provide a copy of the inquiry report to the petitioner or
his representative;
(e) the Commission shall send a copy of its inquiry report together with its recommendations to
the concerned Government or authority and the concerned Government or authority shall, within a
period of one month, or such further time as the Commission may allow, forward its comments on the
report, including the action taken or proposed to be taken thereon, to the Commission;
(f) the Commission shall publish its inquiry report together with the comments of the concerned
Government or authority, if any, and the action taken or proposed to be taken by the concerned
Government or authority on the recommendations of the Commission.]
19. Procedure with respect to armed forces.—(1) Notwithstanding anything contained in this
Act, while dealing with complaints of violation of human rights by members of the armed forces,
the Commission shall adopt the following procedure, namely:—
(a) it may, either on its own motion or on receipt of a petition, seek a report from the Central
Government;
(b) after the receipt of the report, it may, either not proceed with the complaint or, as the case
may be, make its recommendations to that Government.
(2) The Central Government shall inform the Commission of the action taken on the
recommendations within three months or such further time as the Commission may allow.
(3) The Commission shall publish its report together with its recommendations made to the Central
Government and the action taken by that Government on such recommendations.
(4) The Commission shall provide a copy of the report published under sub-section (3) to the
petitioner or his representative.
20. Annual and special reports of the Commission.—(1) The Commission shall submit an
annual report to the Central Government and to the State Government concerned and may at any time
submit special reports on any matter which, in its opinion, is of such urgency or importance that it
should not be deferred till submission of the annual report.
(2) The Central Government and the State Government, as the case may be, shall cause the annual
and special reports of the Commission to be laid before each House of Parliament or the State Legislature
respectively, as the case may be, along with a memorandum of action taken or proposed to be taken on
the recommendations of the Commission and the reasons for non-acceptance of the recommendations, if
any.