Human rights in India require the existence and protection of a well-regulated society. Only the society and the state can guarantee these human rights to the individual. But to enjoy these rights perfectly the citizens of India too must observe the social norms properly.

India has also enacted the protection of Human Rights Act in 1993 and also constituted the National Human Rights Commission at Union level, the State Human Rights Commission in different States and Human Right Courts for better protection of Human Rights & for matters connected therewith or incidental thereto.

The National Human Rights Commission and the State Human Rights Commissions are now very much a part of the life of the nation and, increasingly, of consequence of the quality of governance in the country. Awareness of the rights guaranteed by the constitution, & included in the international instruments to which India is a State party, has increased dramatically in the country.

However, under “the Protection of Human Rights 1993 (No. 10 of 1994)”, the Human Rights have been defined in the following way:

2 (1) d) “Human rights” means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the constitution or embodied in the International Covenants and enforceable by courts in India.”

Steps taken to Protect Human Rights in India: In India, all citizens are entitled to enjoy the privilege of human rights. Several initiatives have been undertaken in India for the greater protection of the women, children and certain other groups of the society such as:

  1. Sati Practice has been prohibited in India.
  2. The minimum age for marriage has been fixed by law. A boy below the age of 21 and a girl below the age of 18 cannot marry.
  3. The Protection of Human Rights Act, was enacted in 1993.
  4. Right to Information act was passed in 2005.
  5. Child Labor (below the age of 14) is prohibited in factories, and mines.
  6. Right to education has been accepted as a fundamental right in India. The Right of Children to Free and Compulsory Education Act was passed in 2009.
  7. Dowry System has been prohibited by law. The Dowry Prohibition Act was passed in 1961.
  8. The Protection of Women from Domestic Violence Act was passed in 2005 to protect women from domestic atrocities.

Human Rights Watch in 2012 stated that “The protection of human rights in India took a turn for the worse in 2012, India experienced continued incidents of violence against women, failed to provide protection for freedom of speech and continued to not hold public officials accountable for wrongdoing”

In its report on human rights in India during 2013, released in 2014, stated, “India took positive steps in strengthening laws protecting women and children, and, in several important cases, prosecuting state security forces for extrajudicial killings.”

In June 2016, the UN Special Reporter on extrajudicial executions noted in a follow-up report on India that guidelines by courts and the National Human Rights Commission often “remained on paper with little or no implementation on the ground”.

India have either acceded or have rectified the following human rights treaty-

  • International Covenant on Civil and Political Right
  • International Covenant on Economic, Social and Cultural Rights
  • International Convention on the Elimination of All Forms of Racial Discrimination
  • Convention on the Elimination of All Forms of Discrimination against Women
  • Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (only signatory)

 

It is the duty of every nation to create such laws and conditions that protect the basic Human rights of its citizens. India being a democratic country provides such rights to its citizens and allows them certain rights including the freedom of expression. These rights, which are called ‘Fundamental Rights’ form an important part of the Constitution of India

All human rights are indivisible, whether they are civil and political rights, such as the right to life, equality before the law and freedom of expression; economic, social and cultural rights, such as the rights to work, social security and education, or collective rights, such as the rights to development and self-determination, are indivisible, interrelated and interdependent. The improvement of one right facilitates advancement of the others. Likewise, the deprivation of one right adversely affects the others.

Human Rights Violation

Human rights violations are referred to those actions in which human rights are ignored. These violations result in causing harm to other people. Human rights ensure that every human being has a right to life, which should be supported by the law. Every human being has a right that his or her life should be protected by others. Mass murder, genocide, and the holocaust are considered as human right violations. All these acts deprive the human beings form their basic right to life.

Human Rights Violation/Situation in India

  1. According to Government estimates, 451 incidents of communal violence were recorded in the first eight months of 2013 and in 2012 about 410 incidents were recorded.
  2. Violence linked to the communist party of India (maoist) let to the death of 384 people, including 147 civilians in 2013.
  3. More than 1 million children in India remain at risk of abuse.
  4. Millions of Children still remain in the work force despite efforts to forbid employment of children under the age of 14.
  5. Nearly 27 million people are currently enslaves in the human trafficking trade, globally.
  6. Nearly half of India’s children under the age of 5 are malnourished.
  7. According to statistics released in August 2014, over 47,000 crimes against members of Scheduled Castes, and over 11,000 crimes against members of Scheduled Tribes, were reported in 2014.
  8. Statistics released in August showed that 93 cases of deaths and 197 cases of rapes in police custody were reported in 2014.
  9. In August the National Human Rights Commission recorded 1,327 deaths in judicial custody between April 2014 and January 2015.
  10. Although nearly 322,000 crimes against women, including over 37,000 cases of rape, were reported in 2014, stigma and discrimination from police officials and authorities continued to deter women from reporting sexual violence.
  11. As of January 2016, over 282,000 prisoners – 68% of the total prison population – were pre-trial detainees. Prolonged pre-trial detention and overcrowding in jails remained widespread.

Human Rights Watch in 2012 stated that “The protection of human rights in India took a turn for the worse in 2012, India experienced continued incidents of violence against women, failed to provide protection for freedom of speech and continued to not hold public officials accountable for wrongdoing”

In its report on human rights in India during 2013, released in 2014, stated, “India took positive steps in strengthening laws protecting women and children, and, in several important cases, prosecuting state security forces for extrajudicial killings.”

In June 2016, the UN Special Reporter on extrajudicial executions noted in a follow-up report on India that guidelines by courts and the National Human Rights Commission often “remained on paper with little or no implementation on the ground”.

TWO IMPORTANT CASES OF HUMAN RIGHTS VIOLATION

Bhopal Gas Disaster Case

Bhopal Gas Tragedy is the biggest example of human rights violation in the world. The disaster in Bhopal has been not just an environmental tragedy, nor only an environmental tragedy, but also a human rights disaster. A slew of international human rights laws and standards were trampled before the gas leak even happened, and Union Carbide, Dow Chemical, and the government of India have continued to violate human rights laws and standards by refusing to clean up, refusing to provide compensation, denying people clean water, denying them proper medical care, and generally ignoring the plight of thousands upon thousands of people in Bhopal who continue to suffer from the effects of the 1984 gas leak and the water contamination that persists to this day.

The settlement was formulated by the Supreme Court in the following terms:-

  1. The parties acknowledge that the order dated February 14, 1989 as supplemented by the order dated February 15, 1989 disposes of in its entirety all proceedings in Suit No. 1113 of 1986. This settlement shall finally dispose of all past, present and future claims, causes of action and civil and criminal proceedings (of any nature whatsoever wherever pending) by all Indian citizens and all public and private entities with respect to all past, present and future deaths, personal injuries, health effects, compensation, losses, damages and civil and criminal complaints of any nature whatsoever against UCC, Union Carbide India Limited, Union Carbide Eastern, and all of their subsidiaries and affiliates as well as each of their present and former directors, officers, employees, agents representatives, attorneys, advocates and solicitors arising out of, relating to or connected with the Bhopal Gas leak disaster, including past, present and future claims, causes of action and proceedings against each other. All such claims and causes of action whether within or outside India of Indian citizens, public or private entities are hereby extinguished, including without limitation each of the claims filed or to be filed under the Bhopal Gas Leak Disaster (Registration and Processing of Claims) Scheme, 1985, and all such civil proceedings in India are hereby transferred to this Court and are dismissed with prejudice, and all such criminal proceedings including contempt proceedings stand quashed and accused deemed to be acquitted.

Nirbhaya Case

Hon’ble Supreme Court – “It has to borne in mind that an offence of rape is an assault on the human rights of a victim. It is an attack on her individuality. It creates an incurable dent in her right & free will & personal sovereignty over the physical frame. Everyone in any civilized society has to show respect for the other individual and not individual has any right to invade on physical frame of another in any manner”.”It has to be borne in mind that an offence of rape is basically an assault on the human rights of a victim. It is an attack on her individuality. It creates an incurable dent in her right and free will and personal sovereignty over the physical frame. Everyone in any civilized society has to show respect for the other individual and no individual has any right to invade on physical frame of another in any manner,” “It has to be borne in mind that an offence of rape is basically an assault on the human rights of a victim. It is an attack on her individuality. It creates an incurable dent in her right and free will and personal sovereignty over the physical frame. Everyone in any civilized society has to show respect for the other individual and no individual has any right to invade on physical frame of another in any manner,” “It has to be borne in mind that an offence of rape is basically an assault on the human rights of a victim. It is an attack on her individuality. It creates an incurable dent in her right and free will and personal sovereignty over the physical frame. Everyone in any civilized society has to show respect for the other individual and no individual has any right to invade on physical frame of another in any manner,” “It has to be borne in mind that an offence of rape is basically an assault on the human rights of a victim. It is an attack on her individuality. It creates an incurable dent in her right and free will and personal sovereignty over the physical frame. Everyone in any civilized society has to show respect for the other individual and no individual has any right to invade on physical frame of another in any manner,” “It has to be borne in mind that an offence of rape is basically an assault on the human rights of a victim. It is an attack on her individuality. It creates an incurable dent in her right and free will and personal sovereignty over the physical frame. Everyone in any civilized society has to show respect for the other individual and no individual has any right to invade on physical frame of another in any manner,” “It has to be borne in mind that an offence of rape is basically an assault on the human rights of a victim. It is an attack on her individuality. It creates an incurable dent in her right and free will and personal sovereignty over the physical frame. Everyone in any civilized society has to show respect for the other individual and no individual has any right to invade on physical frame of another in any manner,” rape as an assault on human rights and personal sovereignty of a womarape as an assault on human rights and personal sovereignty of a womarape as an assault on human rights and personal sovereignty of a woma

The 2012 Delhi gang rape case involved a rape and fatal assault that occurred on 16 December 2012 in Munirka, a neighbourhood located in the southern part of New Delhi, when a 23-year-old female physiotherapy intern was beaten and gang raped in a private bus in which she was travelling with a male friend. The victim later died due to her injuries. The incident generated widespread national and international coverage and was widely condemned, both in India and abroad.

Four out of the five accused in the horrific gang-rape case of Nirbhaya were convicted and given the death sentence. The case also resulted in the introduction of the Criminal Law (Amendment) Act, 2013 which provides for the amendment of the definition of rape under Indian Penal Code, 1860; Code of Criminal Procedures, 1973; the Indian Evidence Act, 1872 and the Protection of Children from Sexual Offences Act, 2012 and also six new fast-track courts were created.

ISSUES GRIPPING IN INDIA

  1. Custodial Violence

It means death or torture of a person by the police at a correction centre or lock up or detention place.

Custodial Violence is a (Placeholder1) trait against human dignity and human rights that springs out of a perverse desire to cause suffering when there is no possibility of any retaliation or a senseless exhibition of superiority and physical power over the one who is overpowered. The word custody implies guardianship and protective care. The violation of human rights under the shield of uniform and authority between the four walls of a police station, lock-up and prison where the victims are totally helpless. There are four major aspects of Custodial Violence:

  1. Torture – (a) mental (b) physical
  2. Sexual Harassment
  3. Rape
  4. Death

Remedies against custodial violence

  1. Constitutional Safeguards Article 20 primarily gives the rights against conviction of offences
  2. Article 21 Right to life or personal liberty (to protect the right to be free from torture)
  3. Article 22 provides four basic fundamental rights with respect to conviction

NHRC reports show a marked increase in reported cases on custodial deaths each year.

In recent reported cases from the Guwahati High Court, it is 15 and 16-year olds who are found to have been victims of state violence, and the defense of the state has been that they were hardened militants.[i]Custodial rape has found an expanded definition – in terms of power rape – in the Penal Code, 1860. However, these provisions have hardly been invoked. From Mathura to Rameeza Bi to Maya Tyagi to Suman Rani – these women have become symbols of patriarchal prejudices. Campaigns in the matter of custodial rape have invoked their name, and they are now names that are etched into the history and legend of the women’s movement. In the meantime, the legal dictum that the identity of a victim of rape be not disclosed to protect her privacy has been set in place.

  1. Refugees

The refugee problem is a critical and crucial issue causing concern to the international community with Human Rights as the central focus. Human Rights of refugees are of a complex area with all perceivable perceptions of violations coming into play.

The human rights of refugees in India have so far been protected by the Indian Judiciary which has taken note of Art.21 which extends protections of the life and liberty of all people.

According to one NGO source it has been found that India has hosted more than 2,92,000 refugees; which includes more than 16,000 persons from Afghanistan, 65,000 Chakmas from Bangladesh, 30,000 Bhutanese of Nepali origin, 50,000 Chin indigenous people from Myanmar and about 39,000 pro-democracy student activists from Rangoon and the Mandalay region, 1,10,000 Sri Lankan Tamils of whom 70,000 are in camps and 40,000 outside, 1,10,000 Tibetans and around 7000 persons from other countries. The assassination of Rajiv Gandhi in 1991 has reportedly altered the treatment meted out to the Sri Lankans refugees. The protection of Chakma refugees in the state of Arunachal Pradesh, and their right to have their claim for citizenship considered, was canvassed by a civil liberties group before the NHRC. The Supreme Court, approached by the NHRC, directed that the threats held out to the Chakmas by the local citizens be dealt with by the state. It also asserted that their applications for being granted citizenship be considered under the Citizenship Act.

  1. Sexual Harassment at Work place

This issue acquired visibility with the decision of the Supreme Court in Vishaka.  There have been allegations of sexual harassment of women employees by senior persons within institutions working on human rights, and in progressive publications, which too have shown up the inadequacy of the redressal mechanisms.

  • Translating the guidelines into norms in different institutions and workplaces;
  • finding support systems for women who are sexually harassed
  • breaking through thick walls of disbelief

A recent survey carried out by a company on compliance of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 has indicated that 97 per cent of the organizations are not aware about the law and its implementation…According to the company officials, awareness about the law and its applicability is the biggest challenge…Over 520 cases of sexual harassment of women at workplace were reported during 2014, of which, 57 cases were reported in office premises and 469 registered at other places related to work.

  1. Rape

The danger of sexual assault or rape is a part of every woman’s life. In many ways it goes to restrict her mobility and cramp her style of living. According to Indian Pena Code it is the performance of sexual intercourse with a woman without her consent through force or threat or fraud.

Rape is Illegal in India by law. Rape and sexual assault crimes are very high in India. Times of India reported 300 rapes and 500 molestation cases were reported in 2 months from Jan-Feb 2015. The National Crime Records Bureau of India suggests a reported rape rate of 2 per 100,000 people, much lower than reported rape incidence rate in the local Indian media. Times of India reported the data by National Crime Records Bureau unveiling that 93 women are being raped in India every day.

Rape is the fourth most common crime against women in India. Apart from sexual crimes against women, child abuse is also a major problem in India. Child abuse is also a major problem in India. Union minister for Women and Child Development Maneka Gandhi told Lok Sabha that 13,766 cases of child rapes were reported in 2014.

  1. Death Penalty

The civil liberties movement has been consistent in its opposition to the death penalty. There are ‘rarest of the rare cases where supreme court ordered death penalty after considering certain circumstances.

  1. The hanging of Dhananjoy Chatterjee in 2004 for the murder and rape of a 14-year old girl, was the country’s first execution since 1995.
  2. 2008 Mumbai attack, the hanging of Mohammad Ajmal Amir Kasab on November 21, 2012.
  3. The hanging of Muhammad Afzal on February 8, 2013, convicted for plotting the 2001 attack on Indian parliament.
  4. The last execution to take place in India was the July 30, 2015, hanging of Yakub Memon, convicted for financing the 1993 Mumbai bombings.
  1. Lynch Killing

Incidents of lynching the criminals or miscreants have sharply increased all over the country. People no longer repose faith in the criminal justice system of the country which has become cumbrous, slow-moving and effete, but have started believing in ‘vigilantism- taking laws in their own hands and delivering instant justice.

Police alertness can, of course, prevent some cases of lynching of criminals, but mere police bashing will not help. By a conservative estimate, actual incidence of crime is four to five times more than what is reported. Large number of cases also goes unregistered.

In order to produce the desired impact the different segments of the criminal justice- the police, Courts and correctional institutions must function in harmony and cohesion.

  1. Domestic Violence

1983, domestic violence was recognized as a specific criminal offence by the introduction of section 498-A into the Indian Penal Code. This section deals with cruelty by a husband or his family towards a married woman. Four types of cruelty are dealt with by this law:

  • conduct that is likely to drive a woman to suicide,
  • conduct which is likely to cause grave injury to the life, limb or health of the woman,
  • harassment with the purpose of forcing the woman or her relatives to give some property, or
  • harassment because the woman or her relatives is unable to yield to demands for more money or does not give some property.

The punishment is imprisonment for upto three years and a fine. The complaint against cruelty need not be lodged by the person herself. Any relative may also make the complaint on her behalf.

In 1993 a National Human Rights Commission was set up to address human rights abuses that include violence against women. Additionally, constitutional measures such as Article 14, 15, 16 includes protection of women from discrimination, harm and is founded on upholding equality and human rights. India is also a ratified member of UN’s CEDAW, the ICCPR and the ICESCR that are international treaties which bound the ratified nations to enforce measures that protect women from abuse and discrimination. However, such laws remain widely unenforced in the country and cultural norms and stigma prevent women from reporting abuses and seeking redressal.

There has been a 27% increase in violence against women in India since 2012. Data from the National Crime Records Bureau suggests that between 2009 and 2013 cases of violent abuse against women have increased over 50%. These statistics do not include cases that go unreported which would increase the numbers exponentially

  1. Child Labour

Child labour is undoubtedly a human rights issue. It is not only exploitative but also endangers children’s physical, cognitive, emotional, social, and moral development. In 1986 Child labour (Prohibition and regulation) Act was passed, which defines a child as a person who has not completed 14 years of age. National human rights commission has played an important role in taking up cases of worst forms of child labour like bonded labour.

Child labor in the agriculture sector accounts for 80% of child laborers in India and 70% of working children globally.

The 2011 census puts the number at 4.35 million working children in the five to 14 age-bracket.

With an estimated 23 percent of its 1.2 billion people living on less than 1.25 dollars a day, it is perhaps only natural that parents will send their children out to earn in a desperate bid to keep the family alive.

  1. Prostitution

The act of exploitation of female or the process of exploitation for commercial purposes and taking unjust and unlawful advantage of trapped women for one’s benefit or sexual intercourse has been bought within the framework of immoral traffic(prevention) act 1956. The forced prostitution is also violative of one’s right. There are 2 million to 3 million prostitutes in India, a significant number of whom entered the sex industry unwillingly

According to a recent UNESCO report, India has an estimated 1.4 million out-of-school children between the ages of six and 11 years, a staggering number that experts say could be reduced by strengthening child labour laws.

According to Human Rights Watch, there are approximately 15 million prostitutes in India. There are more than 100,000 women prostitution in Bombay, Asia’s largest sex industry center.

  1. 10. Prisoners

In the field of human rights, prisoners are the most oppressed class. Violation of human rights means the absence of opportunity for development of one’s personality. The conditions in jails; solitary confinement; the inhuman treatment of prisoners, including their being kept in leg irons, for instance; overcrowding of prisons; the right of prisoners, including undertrials, to vote are issues that have been raised repeatedly over the years. The inadequacy of medical services in prisons, often resulting in the death of prisoners has been much in evidence. The condition of persons on death row does not appear to have been investigated so far. Nor the effect that execution of prisoners has on their families.

The inaccessibility to legal services that is endemic in most prisons, has been identified as a human rights issue, but has not been resolved yet. There are reports of prison riots which were allegedly caused by the poor conditions in prisons including insufficient provision of food, and the maltreatment, including the brutalising, of prisoners. In Delhi, legal literacy, literacy, meditation and yoga and legal aid has reached Tihar jail. The setting up of the NHRC appears to have had some impact on the accessibility of prisons, as have the many PILs which challenged the conditions within. In the case of Hussainara khatoon,  the state of Bihar, a number of undertrial prisoners were in jail for periods longer than the maximum term for which they could have been sentenced, if convicted.SC stated this as illegal detention and violative of article 21 of Indian constitution.

Some other Measures of Protection of Human Rights under Indian Law

  1. The Protection of Civil Rights Act, 1955
  2. Suppression of lmmoral Traffic in Women and Girls Act, 1956
  3. Maternity Benefit Act, 1961
  4. Dowry Prohibition Act, 1961
  5. Equal Remuneration Act, 1976
  6. Bonded Labour (Abolition) Act, 1976
  7. Employment of Children Act, 1938 (Amended in 1985)
  8. The Child Labour (Prohibition and Regulation) Act, 1986
  9. Juvenile Justice Act, 1986
  10. Indecent Representation of Women (Prohibition) Act, 1986
  11. Sati (Prevention) Act, 1987
  12. The Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act, 1989

  1. The National Commission for Women Act, 1990
  2. The National Commission for Minorities Act, 1992
  3. The National Commission for Safari Karamcharis Act, 1993
  4. The National Commission for Backward Classes Act, 1993
  5. The Mental Health Act, 1993
  6. The Persons with Disabilities (Equal opportunities, Protection of

Rights and Full Participation) Act, 1995.

PROCEDURE OF COMPLAINT[1]

Guidelines to file a complaint in National Human Rights Commission India:-

  • A complaint may be lodged with the NHRC by a victim or by anyone else on behalf of the victim.
  • The complaint should be drafted in Hindi or English or in any other language included in the eighth schedule of Indian Constitution.
  • You may file a complaint by sending it via post or you may fax it at 91-11-23382911/23382734 or you can also email your complaint at covdnhrc@nic.in
  • Only one set of complaint is required to be submitted to the NHRC. No fee is charged on such complaints.
  • A complaint is accepted, only if it reveals an incident of human rights violations or abetment thereof or negligence on the part of a public servant to prevent such violations.
  • The jurisdiction of the NHRC is limited to complaints of human rights violations that are commissioned within one year of receipt of the complaint.
  • The documents in support of the accusations that are submitted along with the complaint should be legible.
  • You should mention the name, age, gender, religion, address of the victim and the name of the district and state where the incident took place, other details and the date of the incident.
  • It is advisable to submit the complaint in the prescribed format. You may download the format from http://nhrc.nic.in/Documents/Compformat.pdf
  • You may file an online complaint at http://164.100.51.57/HRComplaint/pub/NewHRComplaint.aspx

The following types of complaints are not addressed by the NHRC:

  • Complaints pertaining to sub-judice matters, namely cases that are already being heard in a court of law.
  • Complaints regarding incidents which occurred more than one year before the filing of complaints.
  • Complaints which are vague, false and anonymous.
  • Complaint regarding service matters.

Guidelines to file a complaint in State Human Rights Commission[2]

For e.g. – Maharashtra Human Rights Commission

  • Address to Chairperson/Secretary, MSHRC.
  • Name & Address of the complainant/victim & perpetrator.
  • Location of event.
  • Date & time of occurrence.
  • Description of Human Rights Violated.
  • Complaint against whom.
  • Is case pending in Courts/Tribunals?

The Commission while inquiring into complaints of violations of human rights may call for information or report from the Central Government or any State Government or any other authority or organization subordinate thereto within such time as may be specified by it; provided that 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; on the other hand, 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.

The Commission may take any of the following steps upon the completion of an inquiry:

1) Where the inquiry discloses the commission of violation of human right or negligence in the prevention of violation of human rights by a public servant, it may recommend to the concerned Government or authority the initiation of proceedings for prosecution or such other action as the Commission may deem fit against the concerned person or persons.

2) Approach the Supreme Court or the High Court concerned for such directions, orders or writs as that Court may deem necessary.

3) Recommend to the concerned Government or authority for the grant of such immediate interim relief to the victim or the members of his family as the Commission may consider necessary.

CONCLUSION

The Human Rights are the one side of a coin that gives them their desire freedom & the side is the responsibility which they have to pay in return of this freedom.

The lndian Constitution is a document rich in human rights jurisprudence. This is an elaborate charter on human rights ever framed by any State in the world. Part Ill of the lndian Constitution may be characterized as the ‘Magna Carta’ of India. The Judiciary in lndia plays a significant role in protecting human rights. The lndian Courts have now become the courts of the poor and the struggling masses and left open their portals to the poor, the ignorant, the illiterates, the downtrodden, the have-nots, the handicapped and the half-hungry, half-naked countrymen.

[1] http://nhrc.nic.in/nhrc.htm

[2]http://www.mshrc.gov.in/downloads/Procedure%20for%20filing%20complaint.pdf