Justice, compensation

 The Commission received a complaint from Onkar Vishwakarma, Human Rights Activist r/o Domchanch, Koderma, Jharkhand alleging that police beat a minor 12-year-old girl Reshma D/o Rajan Hari r/o Brite Kusunda, PS. Dhansar, Dhanbad, Jharkhand during lockdown. The girl committed suicide in her house due to depression. Pursuant to the directions of the Commission, SSP Dhanbad vide communication dated 03.10.2020 submitted the enquiry report of DSP(Law & Order) wherein it has been stated that police found crowd near a general store during lockdown on 19.04.2020. On the direction of the Police Inspector, police officials used force to disperse the crowd. Police also used force against the victim girl thinking her a boy because she was looking like a boy. She was in depression after this incident and committed suicide on 20.04.2020. Police registered a UD Case No. 07/20 at PS. Dhansar. Matter is under Investigation. SP City, Dhanbad enquired into the matter and recommended departmental action against Bhikari Ram, Police Inspector cum SHO of PS. Dhansar, then SSP Dhanbad transferred him from Dhansar Police Station to Police Centre, Dhanbad. Vide proceedings dated 09.12.2020 the Commission considered the material placed on record and directed as under: “The Commission has considered the material placed on the record. Police used force on the people when they were on the general store during lockdown while police could have made them understand about the lockdown in a proper way. They also used force against the minor girl which compelled the girl to commit suicide. It is clearly abuse of power by the police which caused serious violation of human rights of the victim. Police simply registered the UD Case in the matter and did not register the FIR u/s 154 CR.P.C under relevant provisions against the guilty police officials for compelling the girl to commit suicide. In these circumstances, let a notice u/s 18 of the PHR Act, 1993 be issued to the Govt. of Jharkhand through its Chief Secretary requiring it to show cause why an amount of Rs. 1,00,000/-(Rupees One Lakh only) as compensation be not recommended to be paid to the NoK of the deceased girl for violation of her human rights. The Chief Secretary, Govt. of Jharkhand shall respond to the show cause notice within eight weeks. In addition, SSP Dhanbad, Jharkhand is directed to take stern legal action under relevant provisions of law against guilt police officials. He is also directed to inform the outcome of departmental proceedings against erring police inspector Bhikari Ram. Response within eight weeks.” The Commission has considered the material placed on record. From the perusal of records, it reveals that during lockdown police beaten up the girl which led her into depression and committed suicide on 20.04.2020. Police registered a UD Case No. 07/20 at PS. Dhansar. Matter is under Investigation. SP City, Dhanbad enquired into the matter and recommended departmental action against Bhikari Ram, Police Inspector cum SHO of PS. Dhansar. The Commission issued show cause notice, however, the Commission has not received any reply or response from the concerned authority to the show cause notice which leads to the Commission that the Chief Secretary, Govt. of Jharkhand has nothing to urge upon the Commission on the show cause notice recommending therein a compensation of Rs. 1,00,000/- to the NoK of the deceased victim. Therefore, the Commission confirms its show cause notice and directs to the Chief Secretary, Govt. of Jharkhand to release payment of Rs. 1,00,000/- to NoK of deceased victim within four weeks and submit compliance report alongwith proof of payment to the Commission within four weeks. In addition to above, the Director General of Police, Jharkhand is directed to take stern legal action under relevant provisions of law against guilty police officials including Bhikari Ram, Police Inspector cum then SHO of PS. Dhansar and inform the outcome of departmental proceedings within four weeks.

Justice and compensation

 The Petitioner has preferred the present complaint against the Doctor of Chatra Sadar Bazar Hospital, District Chatra, Jharkhand for injecting anti-rabies injection instead of tetanus injection and due to which the condition of the patient got deteriorated. He had prayed for intervention by the Commission.

The Commission vide its order dated 17.06.2020 had sought action taken report from the Secretary, Health & Family Welfare, Govt. of Jharkhand.

Pursuant to the directions of the Commission, a report dated 18.08.2020 had been submitted by the Joint Secretary, Department of Health, Medical Education and Family Welfare, Govt. of Jharkhand. It was reported that due to a human error, the victim had been injected with anti-rabies injection in place of tetanus injection which caused no adverse effect on the victim. It is further submitted that the Smt. Melani Tigga, ANM has retired on 31.03.2020 and Smt. Pratibha Triki, ANM has been asked for clarification for the said negligence.

The Commission has considered the matter on 20.10.2020 when it observed and directed as under:-

"There is an admitted lapse on the part of the medical staff. The said official had also been directed to file explanation with regard to the same. The state is vicariously liable for her negligence. The Commission considers this case to be a fit case for award of compensation, therefore, issue notice u/s 18a(i) of PHR Act, 1993 to the Chief Secretary, Govt. of Jharkhand directing him to show cause within four weeks as to why the Commission should not recommend payment of compensation of Rs. 2,00,000/- (Two lakhs only) to the victim, whose human rights have been infringed due negligence of the medical staff".

In response, the Principal Secretary, Department of Health, Medical Education and Family Welfare, Government of Jharkhand vide his communication dated 09.12.2020 has submitted the report. It has been submitted that the wrong medicine was administered due to mistake and that there is no adverse effect of the said medicine on the patient and therefore there was no justification in grant of monetary relief to the victim.

The Commission has considered the matter. The response to the ‘Show Cause Notice' is not based on merits. Admittedly, a wrong medicine was administered to the patient / victim and such type of lapses on the part of the public servants cannot be taken lightly. In these circumstances, an amount of Rs. 2,00,000/- (Rupees two lakhs only) is recommended to be paid to the victim boy Abhay Kumar, son of Bhola Manjhi. A direction be issued to the Chief Secretary, Govt. of Jharkhand, calling upon him to ensure that the amount of monetary relief as recommended by the Commission is paid to the victim within a period of eight weeks from the date of receipt of this order without fail and a compliance report be forwarded to the Commission expeditiously for records. With these directions, the reports received from the State authorities are taken on record and the case is closed.

Intervention: Justice

 The present matter pertains to the complaint regarding death of a young woman due to electrocution on account of coming in contact with high tension wire. In continuation of earlier proceedings vide proceedings dated 23.08.2021 this Commission has observed/directed as under:- “The present matter pertains to the complaint regarding death of a young woman due to electrocution on account of coming in contact with high tension wire. While considering the matter on 12.4.2021, inquiry report dated 03-11-2020 of the Inspector Electricity forwarded by the Department of Energy, State of Jharkhand vide a communication dated 13-11-2020 was taken into account. The report revealed that accident occurred due to illegal and unauthorized supply line having been extracted and the victim coming into contact with the live power line. The report of the inspector opined that (i) automatic tripping device should have been in place to ensure auto-disconnection of the power whenever contacted with the earth, (ii) information should have been given in the office of inspector (Power) within 12 hours on telephone or within 24 hours in other cases as per regulation 44A of the Indian Electricity Regulation, and (iii) since the death of the victim occurred due to electrocution, the Jharkhand Electricity Board should award reasonable compensation to the next of kin of the victim. In consideration of the said report and observing that proper safety measures were not in place as per the law, which display negligence on the part of state, the Commission directed to issue show cause notice to the Chief Secretary, State of Jharkhand, returnable within six weeks, as to why compensation of a sum of Rs. 3,50,000/- (Rs.Three Lakhs Fifty Thousand only) may not be recommended, payable to the next of kin of the deceased. In case of non receipt of reply within stipulated time, the Commission shall presume that the State Government has no objection in grant of said compensation and the matter will be taken up accordingly. The Commission observes that despite direction and subsequent reminder, the State has failed to submit its reply to show cause notice till date which raises valid presumption that the State has no objection to the recommendation of the Commission, made u/s 18 of the PHR Act, 1993 ,for payment of monetary compensation of Rs. 3,50,000/- (Rs.Three Lakhs Fifty Thousand only) payable to the next of kin of the deceased. In view of the same, the recommendation as stated herein above , stands confirmed and the Commission directs the Chief Secretary, Govt. of Jharkhand to submit compliance report along with proof of payment of Rs. 3,50,000/- (Rs.Three Lakhs Fifty Thousand only) to the next of kin of the deceased within six weeks positively.” Thus this Commission has confirmed its recommendation qua the payment of compensation of Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand only) to the NOK of the deceased and called for a compliance report from Chief Secretary, Govt. of Jharkhand. Pursuant to same reports dated 24.08.2021 of Joint Secretary, Govt. of Jharkhand, Home Department as well as Under Secretary dated 15.09.2021 are received. However these are mere internal communications. In view of same, registry is directed to issue fresh reminder to Chief Secretary, Govt. of Jharkhand to submit the requisite compliance report in terms of above referred proceedings within eight weeks positively.

Justice, compensation and police torture

 The present matter pertains to allegations of torture and illegal detention etc. by Jharkhand police. In continuation of earlier proceedings vide proceedings dated 31.08.2021 this Commission has observed/directed as under:- “The case pertains to abuse of power by the police and illegal detention. It is alleged by the complainant that he was picked up by the local police and tortured in the police custody for five days. While considering the matter on 22.2.2021, the Commission, after considering a letter dated 24-11-2020 from the Department of Home, State of Jharkhand wherein a request for review of the order of award of compensation was made, held that no tenable ground for review of the award of compensation is made out. It is admitted fact that summoning and confinement of the victim at the police station was illegal in the absence of any GD entry or any other valid record, for which disciplinary proceedings were initiated and the SHO was awarded punishment by the disciplinary authority. There was dereliction of duty on the part of erring police official by not forwarding the victim for mandatory medical examination. It is also a fact that the victim had some injuries on his person, though it is disputed whether the injuries were sustained during confinement as alleged by the complainant or he was already injured when brought to the police station as per the police version. Be that as it may, there is no dispute to the fact that the victim was unauthorizedly summoned and illegally confined in the police station as no corresponding entries have been recorded therein. The request for review of the award of compensation is therefore rejected. The Chief Secretary is directed to comply with the direction of this commission to pay a compensation of Rs.1,00,000/- to the victim within further 4 weeks and submit compliance report / proof of payment accordingly. Vide proceeding dated 20.7.2021, the Commission observed and directed as under- "The Commission observes that despite direction and reminders, the compliance report is still awaited. Taking serious view of the non responsive attitude of the Chief Secretary, Government of Jharkhand, the Commission directs its Registry to issue summons to him, u/s 13 of the Protection of Human Rights Act, 1993 to appear before the Commission on13.9.2021 along with requisite reports. Should however the requisite reports be received by the Commission on or before 6-9-2021, his personal appearance shall stand dispensed with". Pursuance thereto, vide a communication dated 14.8.2021, the Joint Secretary, Home, Prison and Disaster Management, Govt. of Jharkhand has submitted a request for exemption from personal appearance of the Chief secretary , Govt. of Jharkhand before the Commission on 13.9.2021, on ground that action on the recommendation of the Commission for payment of monetary compensation to the victim is under process. The Commission has considered the request and in view of fact that an action for payment of compensation to the victim, as per recommendation of the Commission, is under process so the Chief Secretary, Govt. of Jharkhand is exempted from personal appearance before the Commission on 13.9.2021 subject to the condition that compliance report and proof of payment would be submitted by the State Govt. within four weeks from date of the instant direction.” Pursuant to same various communications are received including a report dated 01.09.2021 of Joint Secretary to the Government regarding the sanction of Rs.1,00,000/- as compensation to the victim. In view of same this Commission deems it fit to call complainant comments in the matter. Let copy of these reports received be sent to complainant for his comments within four weeks. Furthermore this Commission also deems it fit to call further report from Chief Secretary, Govt. of Jharkhand regarding the actual payment of the sanctioned amount to the victim. Response within eight weeks.

Justice and compensation

 The Complainant Omkar Vishwakarma R/o Shaheed Chowk Domchanch, Koderma, Jharkhand alleges that a Block Development Officer kept a girl child at his home and forced to work as bonded labourer. The officer and his wife made false accusation of theft against the victim and assaulted her. Later when the conditions of the victim deteriorated, the BDO thrown her on the road. Matter was reported in the newspaper. The complainant seeks intervention of the Commission for investigation of the matter. Vide proceedings dated 13.01.2021 the Commission considered the material palced on record including report dated 06.01.2020 of the Superintendent of Police, Hazaribagh and directed as under: "The Commission has considered the material placed on record. The allegations against the accused is that the accused alongwith his wife not only employed the minor girl aged 12 years but also assaulted very badly and when her condition deteriorated, thrown her on road. The report dated 07.11.2019 of Sub Divisional Police Officer, Badkagaon, Hazarbagh reveals that in Magisterial Enquiry the offence was found true against both accused i.e. Block Development Officer and his wife. The accused is a Block Development Officer of the area in Hazaribagh District and most responsible officer of the block. He is entrusted for the proper and successful execution of various development works including community development program. He is the one who is responsible of execution of schemes relating to education and development of children. In this case, the accused being a Block Development Officer misused his position and had bonded child labour at his home, exploited and assaulted her very badly which violates the human rights of child victim for which the State Govt. is vicarious liable. Therefore, the Commission issues Show Cause notice u/s 18 of the PHR Act, 1993 to the Govt. of Jharkhand through its Chief Secretary, as to why Commission should not recommend a compensation of Rs. 1,00,000/- (Rs. One Lakh Only) to the victim Priti aged 12 years r/o Villages Talswar, Block Badkagavan, Hazaribagh Dist. within 6 weeks. It is also directed to the Chief Secretary, Govt. of Jharkhand to submit the departmental action taken report against the accused Rakesh Kumar as per Services Rules and Regulation as the offence found true in Magisterial Enquiry. In addition, the Director General of Police, Jharkhand is directed to submit up-to-date investigation report alongwith investigation papers/entries in the FIR 339/19 dated 01.10.2019 u/s 341/323/324/326/34 IPC r/w 14(1) of Child Labour (Prohibition and Regulation) Act PS, Sadar, Hazaribagh. Further the Director General of Police, Jharkhand is also directed to take action against the erring officials who are entrusted with the investigation of the case for helding up the investigation of the case for more than a year specially when the offence found true in Magisterial Enquiry in the year of 2019 itself. Further the District Magistrate, Hazaribagh, Jharkhand is directed to submit the compliances report under 14B and 14C of the Child Labour (Prohibition and Regulation) Amendment Act, 2016 regarding rehabilitation of child and deposit of fund etc. in favour of child." The Commission received a copy of communication dated 08.04.2021 from the Superintendent of Police, Hazaribagh addressed to the Jt. Secretary, Home, Govt. of Jharkhand forwarding thereby the enquiry report regarding sanctioning of payment as recommended by the Commission. It was submitted in the report that case has been found true against the accused and compensation should be released in favour of victim child. Vide proceedings dated 18.06.2021 the Commission directed as under: "The Commission has considered the report dated 08.04.2021 of Superintendent of Police, Hazaribagh and enclosed report which reveals that case has been found true against the accused and compensation should be released in favour of victim child. Therefore, the Commission confirms its recommendation and directs to the Chief Secretary, Govt. of Jharkhand to release compensation of Rs. 1,00,000/- (Rs. One Lakh Only) to the victim Priti aged 12 years r/o Villages Talswar, Block Badkagavan, Hazaribagh Dist. within 6 weeks. The Chief Secretary, Govt. of Jharkhand is further reminded to submit the departmental action taken report against the accused Rakesh Kumar as per Services Rules and Regulation as the offence found true in Magisterial Enquiry. Further the Commission has not received the requisite report from DGP, Jharkhand. Therefore, let reminder be issued to the Director General of Police, Jharkhand to submit up-to-date investigation report and reasons for non filing of chargesheet in FIR 339/19 dated 01.10.2019 u/s 341/323/324/326/34 IPC r/w 14(1) of Child Labour (Prohibition and Regulation) Act PS, Sadar, Hazaribagh for more than two year specially when the offence found true in Magisterial Enquiry in the year of 2019 itself and same has been reflected in the report of Superintendent of Police, Hazaribagh. The Director General of Police, Jharkhand is further reminded to take action against the erring officials who are entrusted with the investigation of the case for holding up the investigation of the case. Compliance report to be submitted within four weeks falling which the Commission shall be constrained to invoke section 13 of Protection of Human Rights Act, 1993 regarding personal appearance of Director General of Police, Jharkhand before the Commission. Further the Dy. Commissioner, Hazaribagh, Jharkhand is reminded to submit the compliances report under 14B and 14C of the Child Labour (Prohibition and Regulation) Amendment Act, 2016 regarding rehabilitation of child and deposit of fund etc. in favour of child. Response within four weeks falling which the Commission shall be constrained to invoke section 13 of PHRA against Dy. Commissioner, Hazaribagh." In response, the Dy. Commissioner, Hazaribagh vide communication dated 15.07.2021 forwarded the report of action taken against the accused persons till date. A report dated 08.06.2021 of the Addl. Public Prosecutor, Hazaribagh wasalso enclosed with the report. The Commission had considered the material placed on record. The report dated 15.07.2021 of the Dy. Commissioner, Hazaribagh revealed that chargesheet had not been filed till date, therefore, matter is pending before the court of CJM. Further, vide proceedings dated 18.06.2021 the Commission confirmed its show cause notice, however, the Commission had not received the requisite report till date. Therefore, a final reminder was issued to the Chief Secretary, Govt. of Jharkhand to release compensation of Rs. 1,00,000/- (Rs. One Lakh Only) to the victim Priti aged 12 years r/o Villages Talswar, Block Badkagavan, Hazaribagh Dist. within 6 weeks. The Chief Secretary, Govt. of Jharkhand was further reminded to submit the departmental action taken report against the accused Rakesh Kumar as per Services Rules and Regulation as the offence found true in Magisterial Enquiry. Response alongwith compliance report to be submitted within six weeks. . Further, the Commission has not received the requisite report from the Director General of Police, Jharkhand despite direction dated 18.06.2021 to submit up-to-date investigation report and reasons for non filing of chargesheet in FIR 339/19 dated 01.10.2019 u/s 341/323/324/326/34 IPC r/w 14(1) of Child Labour (Prohibition and Regulation) Act PS, Sadar, Hazaribagh for more than two year specially when the offence found true in Magisterial Enquiry in the year of 2019 itself and same has been reflected in the report of Superintendent of Police, Hazaribagh. Therefore, one more opportunity was granted and also final reminder was issued against the Director General of Police, Jharkhand to take action against the erring officials who were entrusted with the investigation of the case for holding up the investigation of the case. Compliance report was to be submitted within four weeks falling which the Commission shall be constrained to invoke section 13 of Protection of Human Rights Act, 1993 regarding personal appearance of Director General of Police, Jharkhand before the Commission. In addition to above, vide proceedings dated 18.06.2021 the Commission directed to the Dy. Commissioner, Hazaribagh, Jharkhand to submit the compliances report under 14B and 14C of the Child Labour (Prohibition and Regulation) Amendment Act, 2016 regarding rehabilitation of child and deposit of fund etc. in favour of child. However, the report 15.07.2021 received from the Dy. Commissioner, Hazaribagh was silent on the Commission's direction. Further as per report dated 08.04.2021 of the SP, Hazaribagh, proposal for compensation has been sent to the DC, Hazaribagh and same is pending. In view of such facts and circumstances, a reminder was issued to the Dy. Commissioner, Hazaribagh, Jharkhand to submit the compliances report under 14B and 14C of the Child Labour (Prohibition and Regulation) Amendment Act, 2016 regarding rehabilitation of child and deposit of fund etc. in favour of child. Response within four weeks. In response IG of Police (Human Rights) Jharkhand , Ranchi has submitted its report dated 17.11.2021. The report reveals that investigation has been carried out against the accused namely Rakesh Kumar, Arti Devi and Vinay Mahto vide Crime No. 226/2021 dated 30.10.2021 and a departmental inquiry is still pending against erring official .Further the report is silent about the payment of compensation. The report is taken on record. The Commission has considered the report and further directs Chief Secretary, Govt. of Jharkhand, to submit the compliance report of compensation of Rs 1 lac to be paid to the victim. IG of Police (Human Rights) Jharkhand, Dy. Commissioner, Hazaribagh and SP Hazaribad directed to submit the compliances report under 14B and 14C of the Child Labour (Prohibition and Regulation) Amendment Act, 2016 regarding rehabilitation of child and deposit of fund etc. in favour of child and also updated status in FIR NO.339/19 and also action taken against the erring police official. Response within six weeks, failing which the Commission shall constrain to invokes its power U/S13 of PHR Act 1993.

Justice: FIR against accused and compensation

 The complainant Sh. Anup Srivastava, a human right activist, has alleged that a Dalit man named Ram Shankar s/o Ram Naresh Gautam was beaten by the upper caste accused persons on 27.4.2020, due to which the victim succumbed to the injuries inflicted by the accused persons. The complainant has alleged that the police have not registered case against the said accused persons. It is also alleged that the victims family fears that the police is being influenced by the accused persons. The Commission took cognizance of the matter on 28.07.2020 and directed the Superintendent of Police, Rai Bareli, Uttar Pradesh, to submit an action taken report within 4 weeks. However, no response was received from the Superintendent of Police, Rai Bareli, Uttar Pradesh, till date despite an online reminder dated 08.01.2021. Therefore, vide proceedings dated 03.06.2021 the registry was directed to issue conditional summon to the Superintendent of Police, Rai Bareli, Uttar Pradesh, u/s 13 of the Protection of Human Rights Act, 1993 to appear before the Commission on 01.09.2021 at 11:00 AM along with the requisite report. In response, the Superintendent of Police, Rai Bareli vide communication dated 23.08.2021 forwarded the enquiry report of Circle Officer, Nagar. It is submitted in the report that on compliant a case vide FIR No. 158/2020 u/s 304 IPC r/w section 3(2)(v) SC/ST Act was registered. After investigation, chargesheet no. 184/2020 dated 06.06.2020 has been filed in the court. The Commission has considered the report which reveals that chargesheet u/s 304 IPC r/w section 3(2)(v) SC/ST Act has been filed against accused person who was arrested during investigation. The NOK of victim (Sh. Ram Naresh) has been paid monetary relief of Rs. 8,25,000/- on 03.07.2020. In view of such facts, no further intervention of the Commission is required. The case is closed. Inform the complainant accordingly.

Rights of prisoners in the corridor of policy makers.

 

NHRC takes a serious view of chaining of a 92 year old prisoner at a hospital bed in district Etah, Uttar Pradesh; issues notice and says, the incident indicates malfunctioning of Sentence Review Board in the State

New Delhi, 18th June, 2021

The National Human Rights Commission, NHRC has taken a serious view of the chaining a 92 year old prisoner to a bed during treatment in Etah district hospital, Uttar Pradesh. Taking cognizance of a complaint, having attached a news clipping in the matter, the Commission has observed that keeping a 92 year old ill prisoner in jail indicates towards the malfunctioning of Sentence Review Board in the State.

Accordingly, the Commission has issued a notice to the Chief Secretary, Government of Uttar Pradesh calling for report within six weeks from the date of its receipt, explaining the following:

1. When the last meeting of the Sentence Review Board was held;

2. How many cases are pending before the Sentence Review Board;

3. How many sentences have been commuted by the Sentence Review Board in year 2020 and 2019, and;

4. What system is being followed in Jails for referring the matters to the Sentence Review Board?

The Commission has further observed that under section 433 Cr. PC and Prison Rules, the Government has powers to commute the sentence through Sentence Review Board. The functioning of Sentence Review Board should be improved for the protection of human rights of prisoners and decongesting jails to relieve the Government from the burden of taking care of such old and ill inmates.

Allegedly, the incident had happened last month and a Jail Warden was suspended for his negligence in the matter.

https://nhrc.nic.in/media/press-release/nhrc-takes-serious-view-chaining-92-year-old-prisoner-hospital-bed-district-etah