UPHRC and its role to curb human rights violations

Protection of Human Rights Act, 1993, empowering commissions like UPHRC to intervene in cases of police negligence, property rights violations, and institutional misconduct.
This significant legislation was designed not only to uphold the fundamental rights of individuals but also to ensure accountability within law enforcement agencies and various institutions.
By providing a framework for the investigation of complaints against police officers and government entities, the Act encourages citizens to voice their grievances without fear of retaliation.
Furthermore, it underscores the importance of protecting property rights, which are often vulnerable to infringement during disputes, ensuring that every individual’s right to own and enjoy property is safeguarded.
Ultimately, the Act serves as a crucial mechanism for promoting justice and restoring faith in the systems meant to protect the rights of the people.

Uttar Pradesh
U.P. Human Rights Commission TC-34 V-1, Vibhuti Khand, Gomti Nagar,, UTTAR PRADESH -120

Naresh Kumar Jaiswal,
Surekapuram Colony, Jabalpur Road, Mirzapur city MIRZAPUR , UTTAR PRADESH
Dated: 26/08/2025

Dear Naresh Kumar Jaiswal,

The Commission has recieved your complaint and it has assigned diary number as 5885/IN/2025 with the following details:-

Complainant Details

Name:	Naresh Kumar Jaiswal
Mobile:	9005697304	Email:	nareshkumarjaiswal8@gmail.com
Address:	Surekapuram Colony, Jabalpur Road, Mirzapur city
District:	MIRZAPUR	State:	UTTAR PRADESH

File Uploaded suceesfully ( documentnaresh.pdf )

Victim Details

Complainant and victim are the same person.

Incident Details

Incident Place:	SHO Chilh, Mirzapur, UP	Incident Date:	18/06/2025
Incident Category:	ABUSE OF POWER
Incident District:	MIRZAPUR	Incident State:	UTTAR PRADESH
Is it filed before any Court / State HRC	No

Incident Details:

To
The Hon’ble Chairman and Companion Members
Uttar Pradesh Human Rights Commission
Manav Adhikar Bhawan, TC-34, V-1, Vibhuti Khand, Gomti Nagar,
Lucknow – 226010

Subject: Urgent Representation Regarding Violation of Rights in Ancestral Property and Police Inaction under SHO, Police Station Chilh, Mirzapur

Respected Sir/Madam,

I, Naresh Kumar Jaiswal, S/O Ashok Jaiswal, resident of Surekapuram Colony, Jabalpur Road, Mirzapur City, PIN Code: 231001, humbly submit this representation to seek justice and protection of my fundamental human rights, which are being grossly violated due to unlawful actions by my father and younger brother.
Their actions have not only caused me immense emotional distress but have also infringed upon my right to live peacefully and exercise my autonomy.
Furthermore, the persistent inaction of the local police authorities has exacerbated my situation, leaving me vulnerable and without recourse.
Despite my attempts to report these violations, I have been met with indifference and a lack of support, which compels me to appeal for intervention and accountability.
I urge the concerned authorities to take immediate action to ensure my safety and uphold my rights as a citizen.
Additionally, I would appreciate any assistance in navigating this troubling matter, as the ongoing neglect has severely impacted my life and well-being.
The urgency of this situation cannot be overstated, as my human rights are at stake.

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I. Legal Context of Ancestral Property Rights

Under Mitakshara Law, ancestral property is defined as property inherited up to four generations of male lineage, and the right to such property arises by birth, signifying a crucial aspect of Hindu inheritance. This system underscores the importance of familial ties and the perpetuation of lineage, ensuring that property is passed down through male heirs.
The Hindu Succession Act, 1956, as amended in 2005, further affirms that both sons and daughters are coparceners and possess equal rights in ancestral property, marking a significant shift towards gender equality in property rights.
This legal transformation empowers women and allows them to claim their rightful share in family assets, thereby fostering a more equitable society and reshaping traditional norms that previously limited women’s roles in financial matters.
Such changes not only reflect progressive thoughts in modern India but also help in the evolution of social structures that have traditionally emphasized male dominance in ownership and inheritance.

Key Supreme Court Judgments:

• Vineeta Sharma v. Rakesh Sharma (2020) 9 SCC 1: Daughters have equal coparcenary rights irrespective of whether the father was alive at the time of the 2005 amendment.thehindustangazette
• K.C. Laxmana v. K.C. Chandrappa Gowda (2022): A Hindu father can gift ancestral property only for pious purposes, not out of love or affection.thehindustangazette
• Arunachala Gounder v. Ponnusamy (2022) 11 SCC 520: Daughters inherit both self-acquired and ancestral property of a Hindu male dying intestate.thehindustangazette

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II. Human Rights Violations and UDHR Principles

The Universal Declaration of Human Rights (UDHR) guarantees:

• Article 17: Protection against arbitrary deprivation of property.
• Article 7: Equal protection of the law.
• Article 8: Right to effective remedy by competent national tribunals.

These rights are echoed in Part III of the Indian Constitution, which guarantees Right to Equality (Article 14) and Protection of Life and Personal Liberty (Article 21).

The National Human Rights Commission (NHRC) and State Human Rights Commissions are empowered under the Protection of Human Rights Act, 1993 to investigate violations and recommend action. The NHRC has issued guidelines on police accountability, arrest procedures, and custodial rights, which are binding and enforceable.humanrightsinitiative

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III. Allegations and Violations

1. Fraudulent Sale of Ancestral Property
   • Despite pending litigation (Criminal Misc. Case No. 915/2021), my father is selling ancestral property without consent.
   • This violates Section 44 of the Transfer of Property Act, 1882, which prohibits a co-owner from selling another’s share.business-standard
2. Criminal Breach of Trust and Cheating
   • Under Section 316 of the Bharatiya Nyaya Sanhita (BNS), 2023, dishonest misappropriation of entrusted property constitutes criminal breach of trust.nic
   • Section 318 BNS addresses cheating and dishonestly inducing delivery of property.business-standard
3. Defamation and Mental Health Allegations
   • Baseless claims of mental illness without medical evidence violate my dignity and reputation.
   • This may attract provisions under Section 351 BNS for criminal defamation.
4. Police Inaction under SHO, Chilh Police Station
   • Despite clear criminal elements, the police have failed to register an FIR.
   • This violates NHRC guidelines on prompt registration and investigation of offenses.humanrightsinitiative

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IV. Prayer for Relief

In light of the above, I respectfully request the Hon’ble Commission to:

• Direct the SHO, Police Station Chilh, to register criminal charges under:
  • Section 316 BNS – Criminal Breach of Trust
  • Section 318 BNS – Cheating
  • Section 351 BNS – Defamation
• Prevent further sale of ancestral property until court adjudication.
• Recommend disciplinary action against police officials for negligence.
• Uphold my human rights, dignity, and legal entitlements.

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Date: 26/08/2025
Mobile: 9005697304
Name: Naresh Kumar Jaiswal
Address: Surekapuram Colony, Jabalpur Road, Mirzapur City – 231001

Let justice prevail. O God, help me.

docnaresh