Compensation awarded in one year

 

Compensation of 10 lakhs

 

Compensation

 ---------- Forwarded message ---------

From: <nhrc.india@nic.in>
Date: Thu, Oct 1, 2020, 14:32
Subject: Additional Information Called for(AIC) - 34940/24/72/2013
To: <csup@nic.in>, <pvchr.india@gmail.com>

Case No.- 34940/24/72/2013

NATIONAL HUMAN RIGHTS COMMISSION

(LAW DIVISION)

* * *

MANAV ADHIKAR BHAWAN, BLOCK-C,

G.P.O. COMPLEX, INA, NEW DELHI- 110023

Fax No.: 011-24651332    Website: www.nhrc.nic.in

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Date : 01/10/2020

To,

THE CHIEF SECRETARY 101, Lok Bhawan, U.P. Civil Secretariat, Vidhan Sabha Marg, Lucknow LUCKNOW UTTAR PRADESH

Sub : Complaint from

SAGEER, MEMBER BUNKAR DASTAKAR ADHIKAR MANCH, C/O LENIN, VARANASI , UTTAR PRADESH 0 Email- pvchr.india@gmail.com , Mob No- 9389826527

Subject: Additional Information Called for(AIC) -34940/24/72/2013.

Sir/Madam,

I am directed to say that the matter was considered by the Commission on 01/10/2020 and the Commission has directed as follows.:

The Commission received a complaint from one Sageer of an NGO alleging that a single woman Ms. Roshan Jahan in Varanasi is being harassed and physically assaulted by the persons of her neighbourhood by branding her a witch. A prayer has been made for intervention of the Commission in the matter. Vide proceedings dated 28.02.2018 the Commission after consideration of materials placed on record directed the Chief Secretary, Govt. of Uttar Pradesh to pay Rs. 50,000/- to the complainant and send the compliance report of payment of the same along with proof of payment. However, the requisite compliance report regarding payment of 50,000/- has not been received. Vide proceedings dated 17.09.2018 and 29.03.2019 the Commission issued reminders to the Chief Secretary, Govt. of Uttar Pradesh to send the compliance report of payment of the same along with proof of payment. In response, the Commission received a letter dated 06.02.2020 and 05.03.2020 from Dy. Secretary, Govt. of Uttar Pradesh addressed to the Sr. Superintendent of Police, Varanasi mentioning therein that in compliance of the direction given by the Commission, provide the complete address of the victim and list of delinquent police officers within one weeks. Vide proceedings dated 28.04.2020 the Commission issued final reminder to the Chief Secretary, Govt. of Uttar Pradesh, Lucknow to submit the compliance report of payment of Rs. 50,000/- and proof of payment. Pursuant to the directions of the Commission, copy of a letter dated 08.05.2020 addressed to Addl. DGP Lucknow has been received from Deputy Secretary Home(Human Rights) Section-1 which reveals that compensation amount has been sanctioned. A copy of a letter dated 12.05.2020 addressed to SSP Varanasi has been received from Finance Controller, Police Headquarter, Lucknow which reveals that amount of compensation has been sanctioned and allotted to SSP Varanasi to pay the compensation to the victim but proof of payment has not been received till date. Therefore Chief Secretary, Govt. of Uttar Pradesh is directed to pay the compensation to the victim and submit proof of payment within four weeks.

2.          It is therefore, requested that the additional/complete report as directed by the Commission in the matter be sent latest by 08/11/2020, for futher consideration by the Commission.

Your’s faithfully Sd/- K.K. Shrivastava ASSISTANT REGISTRAR (LAW) M-5 Section Ph. No. 011-24663291

CC to

K.K. Shrivastava ASSISTANT REGISTRAR (LAW) M-5 Section Ph. No. 011-24663291

Rs. 1,00,000/- be paid to the victim as state is vicariously liable for the act of its employee.

 

The complainant, the General Secretary of ManavAdhikarJan NigraniSamiti in his complaint dated 01.10.2011 has alleged that one Fatima R/o Village Konderki, District Moradabad, Uttar Pradesh had been raped by a history sheeter Liyakat with his 5-6 associates for eight months. They killed her one and half year old daughter, she somehow fled to her house and found that one Shafiq Khan from whom she had purchased a piece of land had taken possession of the land, asked her to have physical relation with him if she wanted her house back. No action taken by police despite complaint. The matter rest when Commission was informed that a case crime No. 467/2011 u/s 147/302/201/344/376 IPC PS GarhMukteshwar, Ghaziabad was registered against the accused and charge sheet was filed. The Commission found that the victim escaped from the custody of accused and reported the matter to the police, however, no action was taken for which State is vicariously liable and issued show cause notice u/s 18 of PHRA to the Chief Secretary, Govt. of Uttar Pradesh as why not a compensation of Rs. 1,00,000/- be paid to the victim as state is vicariously liable for the act of its employee. Vide proceedings dated 16.07.2020, Finance Controller vide communication dated 02.02.2018 addressed to the Sr. Superintendent of Police, Moradabad that Rs. 1,00,000/- has been sanctioned and payment be made to victim Fatima W/o Abbas, R/o Kunderki, Moradabad and proof of compliance be submitted to the Commission within 10 days. However the Commission has not received compliance report along with proof of payment despite various reminders. Hence final reminder was sent to the Chief Secretary, Govt. of Uttar Pradesh to submit the compliance report along with the proof of payment of payment within four weeks falling which the Commission shall be constrained to invoke section 13 of the Protection of Human Rights Act. However no compliance reports have been received from the concerned authorities till date. The Commission has considered the material placed on record. The matter is already 9 years old and the Commission cannot run before the authorities for years to ensure the payment of the same to the victim. Its State Govt. duty to abide the directions of the Commission and to compensate the victim whose human rights have been violated by the employees of State Govt. and submit the compliance report to the Commission. Therefore Commission closed this matter with directions to Chief Secretary Govt. of UP to make payment of compensation of Rs. 1 lakhs to the victim Fatima and submits the compliance report to the Commission within four weeks

Chief Secretary, Government of UP, is directed to ensure that people in the area are educated and the practice of witchcraft, if any, be stopped by a determined effort so that the crimes of the like could be checked, in future.

The complainant Activist Dr Lenin Raghuvanshi, in his complaint dated 29-07-2017 drew the attention of the Commission to a newspaper article in which the panchayat within the jurisdiction of P.S. Manchi had declared a woman as a witch and also imposed a fine of Rs. 70,000/- on her. Alleging the action as illegal and violation of human rights of the victim, the Complainant sought intervention of the Commission for necessary action.

In response to the notice, a report dated 12.10.2017 was received from the Superintendent of Police, Sonbhadra. It was reported that an FIR No. 14/2017 dated 25.07.2017, U/Sec. 143/504/506 IPC was registered on the complaint of the present victim against the named accused persons. On enquiry, Section 3(2)5(a) SC/ST Act was also added in the said FIR. After investigation, the Investigating Officer submitted Charge-sheet vide No.14 dated 24.08.2017 in the Court.

Pursuant to the directions of the Commission, a report dated 22.12.2018 was received from the Superintendent of Police, Sonbhadra. It was intimated that in connection with the FIR No. 14/2017 dated 25.07.2017, U/Sec. 143/504/506/509 IPC & section 3(2)5a SC/ST Act, an amount of Rs. 75,000/- had been sanctioned as compensation to the victim by the District Welfare Officer on 14.11.2017 and Rs. 25,000/- was to be granted after the trial.

A copy of the report dated 22.12.2018 filed by the Superintendent of Police, Sonbhadra was transmitted to the complainant, calling for the comments, if any within four weeks.

In response to the same, the complainant in his reply with comments dt 18.8.2019 has enclosed a reply submitted by the victim.

 It is submitted that the victim in her reply has narrated the how she was treated in humanly by the named villager how she was abused by them and she was even threatened with imposition of a fine of Rs 70,000/-. Further, she was warranted that if she raised her voice against them she would be driven out of the village. Further he alleged that the local police had also misbehaved with her and did not take any action on her complaint. Thus he sought further intervention of the Commission for necessary direction to the DM and SP to create required awareness among the people of all the villages against the witchcraft and sorcery. Thus the complainant requested the Commission for a direction to the concerned authorities for regular Health Check up in the concerned villages so that the influence of black magic could be checked.

The Commission carefully considered the facts and circumstances of the case and took note of the materials on record, including the contents of the report dated 22-12-2018. Since the statutory assistance has been sanctioned, the DM Sonbhadra, UP, is directed ensure payment of the said amount to the victim at the earliest. Further it may be stated that Fyodor Dostoevsky in his characteristic wisdom said that since man cannot live without miracles he will provide himself with miracles of his own makings. He will believe in witchcraft and sorcery, even though, he may be otherwise heretic and an atheist and a rebel. These sorts of mindset are still prevalent in the society. The person who believes in such superstitions, suspects in some form is hell-bent upon demonising the innocent victims of their wrath and take revenge. In this background, the Chief Secretary, Government of UP, is directed to ensure that people in the area are educated and the practice of witchcraft, if any, be stopped by a determined effort so that the crimes of the like could be checked, in future. With this observation, the matter requires no further intervention of the Commission, accordingly the case is closed.