Wednesday, June 19, 2019

in Case of Ramdhani Musahar

Case Details of File Number: 34623/24/72/2013
Diary No: 141306
Name of the Victim: RAMDHANI MUSAHAR
Place of Incident: VARANASI
Date of Incident: 01/01/1991
Action Taken:
These proceedings shall be read in continuation with earlier proceedings of the Commission. The matter rests thus. The case is related to the death of the labourer Ramdhani Musahar district Varanasi at Jaipur, Rajasthan. Case FIR No. 512/2013, PS: Badagaon Varanasi was registered and after completion of investigation, the chargesheet dated 24/11/2013 was filed in the Court. The case is pending for want of the report regarding the payment of financial assistance to the wife of the deceased labourer namely Smt. Bhyam Payari Musahar. The Commission in its proceedings dated 25/06/2018 had considered the matter and issued necessary directions to the District Magistrate, Varanasi and to Senior Superintendent of Police, Varanasi to take further necessary steps in this case. In response, Additional District Magistrate, Administration, Varanasi has submitted his report dated 29/06/2018. It is stated that an amount of Rs. 60,000/- has been sanctioned by the District Social Welfare Officer, Varanasi under the provisions of SC/SST POA Act to Smt. Bhyam Payari Musahar. The first instalment of Rs.15,000/- has been transferred to her bank account on 24/06/2018 through e-payment. The Commission has perused the record placed before it and considered the matter. It does appear that the investigation of the case had been concluded by the police authorities and the financial assistance under the relevant statutory provisions have been sanctioned to the next of kin of the deceased person in the present case. No further action is required at this stage in the case. Hence, this case is closed. LINK FILE NO. 36046/24/72/2013.
Status : Action Taken On 03/12/2018
Action Due Date: 03/12/2018

Petition to NHRC in case of assault of Journalist in Shamali,UP

Tuesday, May 28, 2019

Breaking culture of silence

Case Details of File Number: 514/33/12/2016-AR

The matter rested thus when the petitioner had forwarded a newspaper report regarding rape with a woman at police station by the police officers. According to the newspaper, the victim has filed a complaint with SP Mahasumand and IG Raipur that on 17.08.2016 she has gone to the police station to lodge a report against her own husband, the clerk at the PS took his complaint and informs the in-charge of PS who directed him not to allow the victim to leave the station. At about 9 in the evening, the chowki in-charge along with one another person came at the PS and took her to a room where she was raped. In response, the IGP Headquarter, Raipur, vide communication dated 29.10.2016 had submitted that on the complaint of victim crime no. 93/2016 u/s 376B/34 IPC was registered. After investigation, accused Akesh Kumar Sinha s/o Nattar Kumar Sinha, r/o PS Bundali chowki, PS Tenukona and ASI Gajanath Sahu s/o Ram Ghulam Sahu were arrested and charge sheet had been submitted u/s 376(2)a(1) and 376B IPC on 17.10.2016 and now the matter is sub judice before the court. The Commission further considered the matter on 3.1.2018 when it observed and directed as under:- “It is clear from the material placed on record that victim was raped at the police station by a public servant and thereby violated the human rights of the victim Smt. Kamla. Commission therefore directs to issue notice u/s 18(a)(i) of PHR Act 1993 to the Chief Secretary, Government of Chhattisgarh, to file response why the Commission should not recommend monetary compensation to be paid to the victim Smt. Kamla for violation of her human rights by public servants. Response be filed in eight weeks.” In response, the Assistant Inspector General of Police, PHQ, Chhattisgarh, Raipur vide his communication dated 22.3.2018 has submitted that the victim was being paid compensation by district administration Mahasamund through District Legal Service Authority. Further the Addl. Director General of Police, PHQ, Raipur, Chhattisgarh vide his communication dated 14.6.2018 has submitted that the case has ended into conviction and the delinquent police officer has compulsorily been retired from service. The victim is free to apply under victim compensation scheme and that there was no need to grant separate financial relief to the victim. The Commission has considered the matter. It is an admitted fact the victim who wanted to lodge a complaint at the police station was rather raped. The incident is sad, shocking and disturbing in a society governed by rule of law. Human rights of the hapless and helpless victim have thus been violated by the public servant and the State is vicariously liable to compensate the victim. The reply to the ‘show cause notice’ is not based on merits. In these circumstances, an amount of Rs. 2,00,000 /- (Rupees Two Lakhs only) is recommended to be paid to the victim. The Chief Secretary, Government of Chhattisgarh is directed to submit the compliance report together with proof of payment within a period of 6 weeks. A Notice be also sent to the District Magistrate and Superintendent of Police, Mahasamud, Chhattisgarh calling upon them to submit the details of payment made to the victim under victim compensation scheme and through District Legal Service Authority besides benefits extended to her under social welfare schemes within a period of 4 weeks.
 Action Taken On 12/11/2018

Honorable Commission order. We filed the case in same matter in NHRC 422/36/7/2015-AD

Case Details of File Number: 324/36/7/2015-AD
Diary No: 61329
Name of the Complainant: SUO-MOTU " THE HINDU DATED 07.04.2015"
Place of Incident: ALER
Date of Incident: 07/04/2015
Action Taken:
In the instant case the Commission vide its proceedings dated 28.06.18 inter alia observed and directed as under :- “………..Commission has considered the reply to the show cause notice and rejects the same. The reasons for issuing a show cause notice were elaborated in our proceedings dated 13.12.2017. The reasons for which the State Government has objected to the payment of monetary compensation to the NoK of the five deceased persons had already been considered by the Commission vide aforesaid proceedings dated 13.12.2017and we find that no satisfactory explanation has been offered for the issues on which the show cause notice was based. The Commission does not consider it appropriate to wait for the SIT to complete its investigation or the High Court to decide the writ petition pending before it. Hence, we recommend to the Chief Secretary, Govt. of Telangana to pay a sum of Rs.Five Lakhs as monetary compensation to each of the five deceased persons namely Izhar Khan, Syed Amjad Ali Mohd Haneef, Mohd Zakeer and Vikaruddin Ahmed and submit the compliance report along with proof of payment within six weeks.” In response to the directions of the Commission, the Chief Secretary to the Govt. of Telangana, General Admn., SP(L&O) Department vide communication dated 04.08.18 has informed that under trial prisoners were involved in the terrorist activities. It has been further informed that as per the available evidence, the escort police persons have opened the fire while on escort duty, to protect their lives and to prevent the escape of hardcore terrorist from lawful custody. Any relief/monetary compensation to the next of kin of such hardcore terrorists not only sets an undesirable precedent but also would encourage such minded persons, as the five under trial prisoners were transported to Central Prison in pursuance of the directions of the Hon’ble Session Judge and as such there was no foul play on the part of escort police. A request has been made re-consider the decision and to drop the recommendations for payment of monetary compensation of Rs. Five Lakhs to the NoK of the five under trial militants shot dead in Nalgonda. The Commission has considered the material placed on record and is of the view that the above explanation offered is not acceptable. The Commission, therefore rejects the request of the State Govt. for re-consideration of the recommendation for the reasons mentioned in the proceedings dated 13.12.17 and reiterates its earlier recommendation to the Govt. of Telangana to pay a sum of Rs. Five Lakhs as monetary compensation to NoK of each of five deceased persons namely Izhar Khan, Syed Amjad Ali Mohd. Haneef, Mohd. Zakeer and Vikaruddin Ahmed. The Chief Secretary, Govt. of Telangana to submit compliance report along with proof of payment within four weeks. Put up after four weeks.
Status : Action Taken On 12/09/2018
Action Due Date: 08/11/2018

Thursday, May 23, 2019

compensation in the case of sexual assault

Case Details of File Number: 22579/24/55/2014-WC
Diary No: 96659
Name of the Complainant: LENIN RAGHUVANSHI
Complainant Address: R/O SECRETARY PVCHR
Name of the Victim: GIRL
Place of Incident: KAUDIA KHURD
Date of Incident: 01/01/1991
Action Taken:
These proceedings should be read in continuation of the earlier proceedings of the Commission dated 14.9.2018. The matter related to the sexual assault of a victim by some miscreants and failure of the Police to take necessary action as per law. The Police rather allegedly detained the family members of the victim in the Police station and forced them to make a compromise with the miscreants at the instance of a local political leader. Even though the victim belonged to a Dalit community but no action was taken under the provisions of SC/ST POA Act, 1989. Pursuant to the directions of the Commission, a report dated 31.10.2018 was received from the SP, Crime Branch, U.P. along with a report dated 24.9.2018 by the Additional SP, City, Nodal Officer, Mirzapur. The substance of the report was that after further investigation in the matter, the offence u/s 3(1)(11) was incorporated along with Section 354 (A) IPC and after investigation, the I.O. submitted charge sheet in the Court against the miscreants vide Nos. 73 dated 9.6.2014 and 17 (3)(a) dated 4.1.2015. It was reported that the victim was paid statutory assistance of Rs.60,000/- and the amounts were credited to her bank account No.50560100003627 of Bank of Baroda.. The Commission carefully considered the materials on record and took note of the facts and circumstances of the case. The allegations made by the complainant seemed to have been duly acted upon by the local Police and necessary action was taken as per law. Let a copy of the report dated 31.10.2018 be transmitted to the complainant for his comments, if any, within six weeks positively, failing which the Commission might proceed with the case on merits.
Status : Action Taken On 01/01/2019
Action Due Date: 23/02/2019

Rs. 50 Lakhs has been filed by approx. 300 workmen, which has been successfully adjudicated by the Deputy Labour Commissioner, District Mirzapur. N

Case Details of File Number:
Diary No: 65985/CR/2017
Name of the Complainant: LENIN RAGHUVANSHI, CEO
Date of Incident: 01/01/1991
Action Taken:
The complainant has alleged that worker working in District of Mirzapur and Sonbhadra are working in inhumane condition, paid less wages and are physically exploited. He further alleged that the family of the workers are sexually and physically exploited while some workers were even intoxicated. The health of the workers is of great concern. He has requested intervention of the Commission. Pursuant to the directions of the Commission, a report dated 06.09.2017 has been submitted by District Magistrate, Sonbhadra, Uttar Pradesh. It is reported that routine inspection are being conducted with the assistance of the Administration by the Labour Department. The minimum wages claim to the tune of Rs. 50 Lakhs has been filed by approx. 300 workmen, which has been successfully adjudicated by the Deputy Labour Commissioner, District Mirzapur. No complaint of child labour has been received, neither any violation found during inspection. 8 cases of violation of Child Labour (Prohibition & Regulation Act) has been registered before the Court of CJM, Robertsganj, Sonbhadra, Uttar Pradesh, wherein compensation of Rs. 20,000/- has been given to the said victim. The said child labour are relocated and provided basic education. The officers posted at the Districts are sensitized to be careful in case of any bonded labour. Since, steps has been taken by the District Administration in relocating and rehabilitating the child labours and no comment has been filed by the complainant, therefore, no further intervention of this Commission is required in the present case. The case is closed.
Status : Action Taken On 11/05/2018
Action Due Date: 16/05/201