Tuesday, May 28, 2019

Breaking culture of silence

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

 141994/CR/2016
 DR. LENIN RAGHUVANSHI, CEO
 PEOPLES VIGILANCE COMMITTEE ON HUMAN RIGHTS, SA 4/2 A, DAULATPUR,
 A 25 YEARS OLD WOMAN
 PS. TENDUKONA
 17/08/2016
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
 23/12/2018

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"
Complainant Address: CAPTIONED " FIVE UNDER TRIAL MILLITANTS SHOD DEAD IN NALGONDA"
Name of the Victim: VIQAR AHMED, SYED AMJAD, ZAKIR AND OTHERS
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:
 12889/24/69/2017
Diary No: 65985/CR/2017
Name of the Complainant: LENIN RAGHUVANSHI, CEO
Complainant Address: MANAVADHIKAR JAN NIGRANI SAMITI, SA 4/2 A, DAULATPUR,
Name of the Victim: 142 LABOURERS AND CHILDREN IN SONBHADRA AND MIRJAPUR
Place of Incident: SONBHADRA AND MIRJAPUR
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

Breaking culture of silence

Case Details of File Number: 34623/24/72/2013
Diary No: 141306
Name of the Complainant: LENIN RAGHUVANSHI, SECRETARY GENERAL
Complainant Address: PEOPLES VIGILANCE COMMITTEE ON HUMAN RIGHTS, SA 4/2 A, DAULATPUR,
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

Justice in the case of custodial death

Case Details of File Number: 19039/24/22/2013-AD
Diary No: 79069/CR/2013
Name of the Complainant: DR.LENIN RAGHUVANSHI, SECRETARY GENERAL
Complainant Address: PEOPLE VIGILANCE COMMITTEE ON HUMAN RIGHTS, SA4/2 A, DAULAT PUR
Name of the Victim: BALVIR
Place of Incident: PS.AWAGARH
Date of Incident: 01/01/1991
Action Taken:
This case pertains to custodial death of UTP Balveer (25 years of age) on 17.5.2013 under the judicial custody of District Jail, Etah. This case was registered on intimation from the District Jail, Etah, UP. A case No. 18076/24/22/2013-AD was registered on the complaint of Secretary, International Human Rights Nigrani Parisad, New Delhi and was linked to above case. The complainant in this complaint has alleged torture by the police to the deceased. It is also alleged that the Police Officer Shailender and one Constable injected Petrol into the very sensitive parts of the body of the deceased and he was also placed over hot Tawa. Another Cases No. 18072/24/22/2013-AD, 19386/24/22/2013-AD and 19039/24/22/2013-AD were also registered on the same incident on the complaint of different NGOs. These cases were linked with the Case No. 18034/24/22/2013-JCD. The Commission took cognizance on 27.5.2013 on the incident. The Commission directed DM, Etah, SP, Etah and Superintendent, District Jail, Etah, to submit requisite reports. Pursuant to the directions of the Commission, the authorities have submitted a detailed report, Health Screening Report, Inquest Report, Treatment Record, Post-Mortem Report and CD of Post-Mortem and the Magisterial Enquiry Report. The detailed report dated 24.7.2013 submitted by the Superintendent, District Jail, Etah reveals that the deceased Balveer Singh S/o Har Prasad was admitted to the Jail on 25.4.2013. The Health Screening at the time of admission to the Jail indicated that besides multiple scabbed abrasion, burn injury were also seen around his anus. The deceased was treated in the Jail Hospital; District Hospital, Etah; SGPG Lucknow; and KGMC Lucknow, from 25.4.2013 to 17.5.2013, for multiple scabbed abrasions of different size, pain and inflammation around anus. He expired on 17.5.2013 while undergoing treatment. The Inquest Report reveals blunt injury on chest. Blood oozing from nose and mouth; and his right leg ankle had swelling. The Post-Mortem Report indicated no ante mortem injury, clotted blood present on both nostrils and mouth. The cause of death was opined to be, “Septicaemic shock due to chronic lung and kidney disease”. The deceased died in GM & Associate Hospital, Lucknow on 17.5.2013 and the doctors of GMAH opined that the deceased Balveer died of, “blunt injury chest, abdomen and wound in perineal region and cardio respiratory failure”. The Video CD of Post-Mortem has also shown (a) a cut mark injury on right cheek; (b) burn injury on the right knee; and (c) burn injuries on both buttock and anal region. The report from SHO/Inspector K.K. Mishra of PS Awagarh, District Etah dated 6.8.2017 reveals that the name of the deceased Balveer and five others came to light in case vide Crime No. 102/13 u/s 306 IPC, PS Awagarh (during investigation Section 302/201/120-B IPC were added to the case). He was arrested alongwith other accused on 24.4.2013. Balveer, died on 17.5.2013 during the treatment in the hospital. Hence, Charge Sheet No. 164 has been filed before the Court on 20.11.2013 against the other accused. The police report further reveals that accused Balveer S/o Har Prasad (deceased) was tortured by SI Shailender Kumar and Home Guard Nirmal Kumar and one other. Consequently, a Case No. 129/13 u/s 326/331 IPC, PS Awagarh was registered against the above named police officers on 16.5.2013. Further, SI Shailender Kumar was suspended by SP, Etah on 16.5.2013. It is further stated that Final Report No. 25 has been submitted before the appropriate Court of Law in this matter on 24.2.2014. The magisterial enquiry was conducted by CJM, Etah, UP. The Enquiry Magistrate examined the relevant records, statements of witnesses and relatives of the deceased Balveer. Mother, father and wife of the deceased stated before the Enquiry Magistrate that Balveer was a T.B. patient before admission in the Jail. He was taking medicines from Agra for the disease. One day he fell down from a tractor. He died due to illness. Further, the sister-in-law of the deceased has alleged that Balveer died due to police beating. She has alleged that Mr. Pandey, one ‘Daroga’ had beaten Balveer. The Jail doctor has stated before the Enquiry Magistrate that there were two injuries on the buttock of Balveer (one 7x2 cms and second 1.5x2 cms) and these injuries were 2-3 days old. There were burn injuries on the anal region of the deceased. The Enquiry Magistrate concluded that no foul play was suspected in the death of the deceased. He died a natural death of Septicaemic shock due to chronic lung and kidney disease. The Commission perused the record and observed that as per Health Screening Report at the time of admission to the Jail, Balveer (the deceased) was having multiple scabbed abrasion and burn injuries around anus. The Post-Mortem Examination Report though stated that there were no ante mortem injury, but, it has indicated that there was clotted blood on the nose and mouth of the deceased. Further, the Jail doctor also stated that the deceased had injuries at the time of admission to the Jail which were 2-3 days old. This creates suspicion that the deceased sustained these injuries in the police custody. In this regard the police inquired the matter and a case vide Crime No. 129/13 u/s 326/331 IPC, PS Awagarh was registered against SI Shailender Kumar, Home Guard Nirmal Kumar and one other Home Guard. However, FR No. 25 dated 24.2.2014 has been filed before the Court. The Commission further observed that as per the family members of the deceased, he was suffering from T.B. before admission to the Jail but from record it is clear that no treatment for tuberculosis was given to him during his jail term. Further, as per the doctors of KGMC, Lucknow, the cause of death of the deceased Balveer was opined to be “blunt injury chest, abdomen and wound in perineal region and cardio respiratory failure”. Whereas the Post-Mortem Examination Report reveals no ante mortem injury on the body of the deceased. Further, the video CD of Post-Mortem Examination of the deceased reveals burn injury on the right knee, both buttock and perineal region. The right cheek was having a cut mark injury. Due to these stark inconsistencies, the Commission is of the view that cause of death given in the Post-Mortem Examination Report is not reliable. Further, the treatment records of the deceased corroborated the allegation of torture before admission in the Jail and there is strong possibility that the deceased was kept in the illegal confinement before he was arrested by the police on 24.4.2014 and the torture prima facie appears to have been inflicted upon him during his illegal confinement. In a grave case like murder for which the deceased was arrested, the police did not seek or get police remand. This indicates that the deceased had been kept in illegal confinement by the police and had already been interrogated. Further, in view of the seriousness of the injuries inflicted on him in custody, police did not want to take him in custody. The extent and nature of injuries are such that it strongly suggests that the deceased was tortured over a few days. Since this is a case of custodial death, therefore, the file be placed before the Division Bench for consideration.
Status : Action Taken On 12/09/2017
Action Due Date: 18/11/2017

2 Lakh has been paid to NoK of the deceased victim and departmental action has also been taken against 3 delinquent Electricity Department personnel.


---------- Forwarded message ---------
From:  <minority.pvchr@gmail.com>
Date: Thu, May 23, 2019 at 1:48 PM
Subject: Fwd:
उत्तर प्रदेश के वाराणसी जिले के नगवा क्षेत्र में विधुत विभाग की लापरवाही से करेंट लगने से युवक की हुई मौत के लिए मुआवजा के सन्दर्भ में
To: upendra <pvchr.adv@gmail.com>, pvchr.india <pvchr.india@gmail.com>, Dr. Lenin Raghuvanshi <lenin@pvchr.asia>, shabana <shabana@pvchr.asia>

Case Details of File Number: 32927/24/72/2016
Diary No: 145824/CR/2016
Name of the Complainant: DR. LENIN RAGHUVANSHI, CEO
Complainant Address: MANAVADHIKAR JAN NIGRANI SAMITI, C-4/2 A, DAULATPUR,
Name of the Victim: SHIV KUMAR
Place of Incident: NAGWAN
Date of Incident: 25/08/2016
Action Taken:
The complainant alleges that victim died due to electrocution because of negligence of officials of Electricity Department. No action has been taken against the culprits and no compensation has been provided to Nok of deceased victim. The complainant seeks intervention of the Commission in the matter. Vide last proceedings dated 05.11.2018, the Commission had observed that already a compensation of Rs. 2 Lakh has been paid to NoK of the deceased victim and departmental action has also been taken against 3 delinquent Electricity Department personnel. However no report has been received from SSP Varanasi regarding the criminal case registered in the matter. Hence Commission had issued the notice to SSP Varanasi for sending the details of legal action taken in the matter; further copy of report was sent to the complainant for comments. In response SSP Varanasi vide report dated 31.12.2018 has inform the Commission that in the matter no criminal case has been registered, as wife of victim stated in writing that she don’t want any legal action. The Commission has considered the material placed on record. The case is closed, inform the complainant accordingly.
Status : Action Taken On 16/05/2019
Action Due Date: 22/05/2019


---------- Forwarded message ---------
From <minority.pvchr@gmail.com>
Date: Mon, Aug 29, 2016 at 10:49 AM
Subject:
उत्तर प्रदेश के वाराणसी जिले के नगवा क्षेत्र में विधुत विभाग की लापरवाही से करेंट लगने से युवक की हुई मौत के लिए मुआवजा के सन्दर्भ में
To: covdnhrc <covdnhrc@nic.in>, ionhrc <ionhrc@nic.in>, jrlawnhrc <jrlawnhrc@hub.nic.in>, Section Officer SB-2 NHRC <so7.nhrc@nic.in>, <registrar-nhrc@nic.in>
Cc: Lenin Raghuvanshi <pvchr.india@gmail.com>, Dr. Lenin Raghuvanshi <lenin@pvchr.asia>


सेवा में,                                  29 अगस्त, 2016
श्रीमान अध्यक्ष महोदय,
राष्ट्रीय मानवाधिकार आयोग,
नई दिल्ली |
विषय : उत्तर प्रदेश के वाराणसी जिले के नगवा क्षेत्र में विधुत विभाग की लापरवाही से करेंट लगने से युवक की हुई मौत के लिए मुआवजा के सन्दर्भ में |
महोदय,
      आपका ध्यान 25 अगस्त, 2016 के दैनिक समाचार पत्र अमर उजालाके इस खबर पानी में करेंट उतारा, युवक की मौतकी ओर आकृष्ट कराना चाहता हूँ | उत्तर प्रदेश के वाराणसी जिले के नगवा क्षेत्र के निवासी शिवकुमार की मौत बिजली के जर्जर तार के टूटने से करेंट लगने से हो गयी |
      अतः आपसे अनुरोध है कि कृपया मृतक के परिवार के जीवन यापन व मृतक की आकस्मिक मौत के लिए उनके परिजनों को एक लाख रुपये (रुपये 100000/-) मुआवजा दिलाने की कृपा करे |

संलग्नक :
1. 25 अगस्त, 2016 के अमर उजाला अखबर में प्रकाशित खबर की प्रति |

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