Friday, December 31, 2021

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.





Thursday, December 30, 2021

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





Monday, November 8, 2021

Introducing our 2021 Global Pluralism Award Finalists

Co-founder Lenin Raghuvanshi has been named a finalist for this year’s Global Pluralism Award presented by the @Global Centre for Pluralism. The award recognizes and celebrates #pluralism in action; individuals, organizations and governments from around the world who demonstrate extraordinary contributions to building societies where diversity is protected and valued.

We look forward to the virtual ceremony in February 2022. Congratulations to all the 2021 #GlobalPluralismAward finalists! #PluralismAward2021


https://www.youthkiawaaz.com/2021/11/global-centre-for-pluralism-announces-finalists-for-2021-global-pluralism-award

https://award.pluralism.ca/2021-global-pluralism-award-finalists/


https://junputh.com/voices/global-pluralism-award-ten-finalists-lenin-raghuvanshi-kashi/


https://www.jubileepost.in/lenin-in-final-list-for-pluralism-award/


आज से सात साल पहले नरेंद्र मोदी ने जहां से भारतीय समाज और संस्‍कृति की बहुलता को चुनौती दी थी, दुनिया ने वहीं से बहुलता की रक्षा के लिए एक शख्‍स को सम्‍मानित किया है। #काशी के डॉ. लेनिन को आज दुनिया भर में बहुलता के संरक्षण के लिए प्रयासरत दस शख्सियतों की अंतिम सूची में शामिल किया गया। ग्लोबल सेंटर फॉर प्लुरलिज़्म यह पुरस्कार हर दो साल में एक बार दुनिया भर के व्यक्तियों, संगठनों और सरकारों को ऐसे अधिक समावेशी समाजों के निर्माण में अनुकरणीय उपलब्धियों के लिए देता है जहां विविधता की रक्षा की जाती है।

इस मौके पर कनाडा के पूर्व प्रधानमंत्री जो क्‍लार्क ने कहा, “बहुलवाद सम्मान, सहयोग और साझा उद्देश्य का एक ऐसा विवरण है जो समुदायों को गतिशील रखता है। इन शख्सियतों ने बहुलवाद में उल्लेखनीय योगदान दिया है। वे आज की दुनिया में अन्याय, असमानता और अपवर्जन की चुनौतियों से निपटने में मौलिकता और साहस को दर्शाते हैं।”

ग्लोबल सेंटर फॉर प्लुरलिज़्म को 2021 ग्लोबल प्लुरलिज़्म अवार्ड के लिए 70 देशों से 500 नामांकन प्राप्त हुए थे। नामांकित व्यक्ति कठोर समीक्षा प्रक्रिया से गुजरते हैं और बहुलवाद से संबंधित अनुशासनों की स्वतंत्र विशेषज्ञों की अंतरराष्ट्रीय जूरी द्वारा चुने जाते हैं।

https://junputh.com/voices/global-pluralism-award-ten-finalists-lenin-raghuvanshi-kashi/


#pluralismaward2021 #pluralismaward #diversityandinclusion i #Banaras #NeoDalit #dalitlivesmatter #LeninRaghuvanshi #Musahar #Kashi #Varanasi #NeoDalit #unspoken #PVCHR #Pluralism #diversitychallenge

Sunday, November 7, 2021

Nashvar Insan : last episode of #Unspoken

Finally wait is over. Please watch the last episode "Nashwar Insan" of documentary unspoken.
If you like our work please support us for making changes in the lives of the most marginalized people.
#PVCHR #LeaveNoOneBehind #UNDay #humanrights #DalitsLivesmatters #unspoken #generationequality #Caste #Dalit #Anei #Varanasi #Musahar #people #work #like #Kashi