Breaking culture of silence

Case Details of File Number: 514/33/12/2016-AR
Diary No: 141994/CR/2016
Name of the Complainant: DR. LENIN RAGHUVANSHI, CEO
Complainant Address: PEOPLES VIGILANCE COMMITTEE ON HUMAN RIGHTS, SA 4/2 A, DAULATPUR,
Name of the Victim: A 25 YEARS OLD WOMAN
Place of Incident: PS. TENDUKONA
Date of Incident: 17/08/2016
Action Taken: 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.
Status : Action Taken On 12/11/2018
Action Due Date: 23/12/2018