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.
