Human Rights Commission Can’t Direct Payment Of Compensation: Chhattisgarh HC [Read Order]

Human Rights Commission is only empowered to make a recommendation. It has no adjudicatory jurisdiction, the court said.

The Chhattisgarh High Court has held that the State Human Rights Commission is only a recommendatory body and it has no power and jurisdiction to direct payment of compensation.

The Chhattisgarh State Electricity Board was directed by the State Human Rights Commission to pay ₹6,22,000 as compensation towards illegal and forceful installation of six electricity polls and electricity line in the agricultural field owned by one Jai Shankar Verma. The board challenged the said order before the high court.

Referring to relevant provisions, Justice Sanjay K Agrawal observed that if the commission finds that the inquiry discloses the commission of violation of human rights, it may recommend to the concerned government or authority to make payment of compensation or damages to the complainant, but the commission has no authority and jurisdiction to pass an order directing payment of compensation.

Allowing the writ petition and observing that the order of the Human Rights Commission will be treated only as a recommendation, the court said: “Human Rights Commission is only empowered to make a recommendation. It has no adjudicatory jurisdiction and the Government/its authority has an obligation to consider the recommendation of the Commission in accordance with law.”