Friday, December 31, 2021

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.