NHRC recommends Rs. 27,94,00,000/- to the families of victims of Punjab Mass Cremation Case

New Delhi, April 3rd, 2012

The National Human Rights Commission has recommended a total amount of Rs. 27,94,000,00/- as monetary relief to the next of kin of 1513 deceased whose bodies could be identified out of cases of unidentified 2097 bodies which were remitted to the Commission by the Supreme Court, popularly known as the Punjab Mass Cremation case. These include 195 cases, where the deceased were in deemed police custody and 1318 others whose bodies were cremated by the police and now stand identified. 532 bodies remained unidentified despite the best efforts made by the Commission, from the date of remittance in December, 1996.

It may be recalled that the Supreme Court of India, vide its order dated 12th December, 1996 referred the matter to the National Human Rights Commission with the following observations:-

"We request the Commission through its Chairman to have the matter examined in accordance with law and determine all the issues which are raised before the Commission by the learned counsel for the parties.
Since the matter is going to be examined by the Commission at the request of this court, any compensation awarded by the Commission shall be binding and payable."

Since then, the Commission heard the matter from time to time and vide its proceedings dated 10th October, 2006, the Commission found that out of the total 2097 bodies which were cremated in the three Districts of Amritsar, Majitha and Tarn Taran, 1245 bodies had been identified.

The Commission held that for the violation of human rights of a total of 194 deceased admittedly in custody of police immediately prior to their death and their cremation, their next of kin were entitled to monetary compensation @ Rs. 2.50 lakhs.

As regards 1051 other identified deceased persons whose bodies were not in police custody but cremated by the State of Punjab without following the Punjab Police Rules, guidelines, practice and Humanitarian law, the Commission awarded monetary relief @ Rs. 1.75 lakhs to the next of kin of each of the deceased.

For the identification of the remaining 814 bodies, excluding some duplicate names, the Commission appointed a Commissioner (Justice K.S. Bhalla, retired judge of Punjab and Haryana High Court) for receiving evidence and conducting an inquiry to fix the identity of as many dead bodies, as possible out of the 814 unidentified deceased persons.


Justice Shri K. S. Bhalla, Commission of Inquiry submitted a report dated 30th June, 2007 mentioning that the Committee had been able to identify 143 deceased persons. The Commission had already vide its proceeding dated 15th February, 2007 awarded compensation in 53 cases, on the basis of an interim report received. In respect of one person in deemed custody, the Commission awarded monetary relief @ Rs. 2.50 lakhs to the next of kin of the deceased and regarding other 52 bodies identified, it awarded a relief of Rs. 1.75 lakhs to the next of kin of each of the deceased.

The Commission upon consideration of the Bhalla Commission Report on 25th February, 2008 recommended monetary relief of rupees 1.75 lakh to each to the next of kin of the remaining 90 identified deceased. It was however observed that 657 dead bodies, yet remained to be identified.

For facilitating identification of the remaining dead bodies, the Commission constituted one other Committee comprising of Shri D.S. Bains, IAS, Shri Virender Singh, District and Sessions Judge (retired) and DIG Border Range, Amritsar as Members.

The Bains Committee on the 22nd March, 2012 submitted its final report which mentions that the Committee has been able to identify 125 bodies during the 9 sittings. The Commission on the 27th March, 2012 considered the report and recommended monetary relief of Rs. 1.75 lakhs each to the next of kin of the deceased identified by the Committee.


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