Suo Motu Cognizance

T he Commission took suo motu cognizance in 17 cases of alleged human rights violations reported by media during May, 2018 and issued notices to the concerned authorities for reports. Summaries of some of the cases are as follows:
Illegal detention and torture of a 14 year old girl
(Case No. 13563/24/30/2018)
The media reported on the 31st May, 2018 that a 14 year old girl was detained at a police chowki and a police station in Noida for eight days. She was beaten, burnt with cigarettes and electrocuted there. Reportedly, the girl, a domestic help, was detained after her employer accused her of theft.
The Commission has issued a notice to the Director General of Police, Uttar Pradesh, calling for detailed report in the matter. He is also expected to send the report about the steps taken for counselling/ rehabilitation of the victim.
Two minor girls sent to jail instead of juvenile home
(Case No. 11113/24/57/2018)
The media reported on the10th April, 2018 that in a case of alleged cow slaughter, the police sent two minor girls, aged about 12 and 16 years, to the jail along with seven others in Khatauli, district Muzaffarnagar, Uttar Pradesh instead of sending them to juvenile home, as per the law. The police officers preferred to go by their physical appearance instead of believing their Aadhar cards, which were shown to them as proof of their age. The girls could come out of the jail on bail only after spending three and half months there and now feel traumatized. The Commission has issued notices to the Chief Secretary and DGP of the Government of Uttar Pradesh, calling for a detailed report in the matter.
Two policemen arrested for their involvement in a murder
(Case No. 355/11/7/2018-AD)
The media reported on the 31st May, 2018 that a Dalit and two policemen were taken into custody and questioned by the special investigation team following evidence of their role in helping the gang that murdered newly married Kevin Joseph in Kottayam, Kerala. Kevin, 23, belonging to Dalit Christian community, was allegedly abducted by the family members of his wife, a day after their wedding, from the house of his cousin. His badly bruised body was found two days later in a rivulet.
The Commission has issued a notice to the Chief Secretary and the Director General of Police, Kerala calling for a detailed report in the matter along with status of rehabilitation/protection provided to the family members of the deceased.
Many protestors killed in police firing
(Case No. 907/22/41/2018)
The National Human Rights Commission, NHRC on the 29th May, 2018 decided to send its own team of officers for making a fact finding inquiry/investigation into the incident of police firing in Tuticorin district of Tamil Nadu on the 22nd May, 2018. More than 11 protesters, demanding closure of Sterlite Copper plant, were reported killed in the firing.
The Commission has asked its Director General (Investigation) to depute a team headed by an officer not below the rank of Senior Superintendent of Police assisted by three more officers of the rank of Dy. SP and Inspectors from its Investigation Division. The NHRC team would examine all the concerned including the family members of the victims and independent witnesses as it deems appropriate and submit a report to the Commission.
The Commission has given this direction after considering the representation made by Mr. A Rajarajan under W.P. (C) 5779/2018 before the Delhi High Court and the orders of the Court passed on the 25th May, 2018, inter alia directing as follows:
"According to the petitioner, the respondent/NHRC should consider the representation made by the petitioner and trigger an independent inquiry based on the provisions of Sections 14 & 17 of the Protection of Human Rights Act, 1993;
Having regard to the facts and circumstances of the case and, given the fact that the respondent/NHRC has called for reports, at this stage, the Court is inclined, only, to give liberty to the petitioner to appear before the respondent/NHRC for obtaining suitable directions;
Accordingly, the aforementioned representation filed by the petitioner will be placed before the respondent/ NHRC on the 29th May, 2018, for appropriate directions;
It is made clear that nothing stated herein above will impact the merits of the case."
The Commission has observed that its instant direction in the matter is independent of the directions already given by earlier to the Chief Secretary and Director General of Police, Government of Tamil Nadu, vide its notices issued after taking suo motu cognizance of the incident on the basis of media reports on the 23rd May, 2018. They have been asked to submit detailed reports in the matter along with status of the treatment being provided to the persons who were injured in police firing.
Arrested man taken naked to police station
(Case No. 2319/30/9/2018)
The media reported on the 22nd May, 2018 that Delhi police arrested a man from his house in West Delhi and took him to police station naked in full public view, hurling insults and abuses. Reportedly, the accused requested the police to allow him wear clothes but was instead told that he would be paraded this way only.
The Commission has observed that the contents of the media reports, if true, amount to inhuman and unprofessional approach of the Delhi Police personnel. Humiliating a person, by parading him naked in full public view and in front of his family members is absolutely unethical and violation of his human rights. The right to dignity of the victim has been grossly violated. Accordingly, it has issued a notice to the Commissioner of Police, Delhi, calling for detailed report in the matter.
Technology to locate and unite missing children with their families
(Case No. 287/90/0/2018)
The media reported on the 16th May, 2018 about the issue of large number of missing children across the country; existing legal frame work and gaps and loop holes in the technology to trace and unite the missing children with their families. Appreciating the contents of the article, the Commission has observed that the proper use of technology with zeal can reunite the missing children with their families.
Accordingly, the Commission has issued notices to the Secretary, Union Ministry of Home Affairs and the Secretary, Union Ministry of Women & Child Development calling upon them to inform about the present status of the technology being used to trace the missing children and unite them with their families. They have been asked to give their comments whether the tools like 'Facial Recognition Software' have been added to match the records of the 'missing' and 'found' children. The Commission has also asked them to inform whether its guidelines on missing children, post Nithari
incident, have been circulated and are being followed by the concerned agencies or not.
46 kids languish in Odisha jails with their prisoner mothers without any facilities
(Case No. 2301/18/0/2018)
The media reported on the 20th May, 2018 about the plight of 46 boys and girls, aged between one month and six years, who were living in prisons in the State of Odisha with their mothers, including 9 convicted and 36 undertrial prisoners. Reportedly, the children, lodged in the jails with their mothers, were neither convicts nor under trials. They are entitled to food, shelter, medical care, clothing, education and recreational facilities but nothing is being provided to them despite the Supreme Court guidelines. A particular case of a couple was referred in the news report, who were taken in judicial custody on 18th May, 2008 and how for nine years, they alongwith their child, born in judicial custody, had to suffer till their release after exoneration from all the charges last year by the court.
The Commission has observed that the contents of the media report, if true, amount to human rights violations of the innocent children. The guidelines set by the Supreme Court are very clear providing proper protection to such children but as reported, it appears, the ground reality is different. The instant news report is focused on the prisons in the State of Odisha. However, there could be similar cases in the jails of other States too, which have not yet been noticed.
Accordingly, the Commission has issued notices to the Chief Secretaries and Directors Generals of Prisons of all the States and UT's calling for reports along with statistics, showing how many children are being kept with their mothers in the jails under their jurisdiction without ensuring facilities, necessary for their psychological and physical growth.
Many deaths after consuming spurious liquor
(Case No. 12033/24/43/2018)
The media reported on the 21st May, 2018 that at least 11 people had died and several others were taken seriously ill after consuming spurious liquor purchased from the licensed shops in Kanpur Nagar and Kanpur Dehat districts of Uttar Pradesh on the 20th May, 2018. According to the media reports, the victims in both the districts were sold the same batch of tainted liquor at the licensed shops. The Commission has issued a notice to the Chief Secretary, Government of Uttar Pradesh calling for a report in the matter.
Humiliation and harassment caused to NEET aspirants
(Case No. 744/22/0/2018) and (Case No. 268/11/3/2018)
The media reported on the 6th and 8th May, 2018 regarding the alleged harassment and convenience caused to the aspirants in the name of the security checks, while appearing for National Eligibility-cum-Entrance Test, NEET in Tamil Nadu and other parts of the country on the 5th May, 2018. It has issued notices to the Chairperson, Central Board of Secondary Education, CBSE and the Chief Secretary, Government of Tamil Nadu calling for the detailed reports in the matter.
The Commission has observed that in view of the recent cases of paper leak and use of electronic gadgets by the aspirants, it is necessary to keep a strict check during the exam but putting them to such a vexatious process in the name of taking precautions, tantamount to harassment of the young aspirants. Cutting the sleeves of the shirts and tearing the pants of the aspirants etc. are unethical acts done by the staff deployed at the exam centres. This amounts to violation of the right to dignity of the aspirants.
Prior to this, the Commission also took suo motu cognizance of a media report alleging a lot of hardships to the young students, who had to travel across their State to write NEET. In one such incident, a 46-year-old man from Tamil Nadu, who had to travel a long distance of 500 Km with his son to appear in NEET at a centre in Kerala, died due to cardiac arrest. Reportedly, The CBSE in a statement had said that at least 3,685 medical aspirants from Tamil Nadu had to travel out of State to take the exam. The Commission had issued to the Chairperson, Central Board of Secondary Education and the Chief Secretary, Government of Tamil Nadu calling for a detailed report in the matter explaining why the students had to travel across the State to appear in the examination.
Police brutality, illegal arrest and false implication of several Dalits
(Case 1259/20/0/2018)
The media reported on the 18th May, 2018 that several social activists and Dalit leaders have raised their concern over police brutality and the way several people belonging to the Dalit communities were falsely implicated in criminal cases and are languishing in jails without bail in Rajasthan even six weeks after a Bandh was called on the 2nd April, 2018 in protest against the Supreme Court order regarding SC/ST (PoA) Act. The news report has mentioned several incidents of abuse of power by the police in which, even the women and children were not spared.
The Commission has issued a notice to the Chief Secretary, Government of Rajasthan calling for a report in the matter with a further direction upon the Director General of Police, Rajasthan to submit action taken report about the alleged police brutality.
Several Dalit homes deserted due to fear of some upper caste people
(Case No. 10823/24/54/2018)
The media reported on the 8th May, 2018 that a 19 year old boy, belonging to a Dalit community and his 16 year old nephew was, allegedly, assaulted by some upper caste people at the behest of the Pradhan of their village Kamala in district Baghpat, Uttar Pradesh on the 27th April, 2018. After this incident, most of the Dalit homes in the village were deserted. The elder of the two boys was beaten so brutally that on the 7th May, 2018 he died of multiple organ failure triggered by renal trauma and septicaemia. Reportedly, the youths were attacked following an affair between a Dalit man and a Gujjar woman of the village.
The Commission has issued notices to the Chief Secretary and the Director General of Police, Uttar Pradesh calling for a detailed report in the matter. It has asked them to inform about the steps taken for the relief and rehabilitation of the affected families and to maintain law and order in the area.
Attack by some upper caste people on a pre-wedding procession of Dalits
(Case No. 1097/20/6/2018)
The media reported on the 1st May, 2018 that a Dalit family was attacked in Rajasthan's Bhilwara district on the 29th April, 2018 by some people belonging to upper caste after the groom rode a mare during the traditional "Bindoli" ceremony, which is observed a day before the wedding. As per news report, four people were injured in the presence of police personnel, who stood mute witness during the attack. Reportedly, the police did nothing despite having been informed about the threat, the family was receiving from the upper caste people. The Commission has issued notices to the Chief Secretary and the Director General of Police, Rajasthan calling for a detailed report in the matter along with measures taken for relief and rehabilitation of the
victims.
Stamping of castes on the bare chests of aspiring constables from Dalit communities
(Case No. 886/12/15/2018)
The media reported on the 30th April, 2018 about the stamping of castes on the bare chests of aspiring constables from the reserved categories during their medical examination at the Dhar district hospital in Madhya Pradesh. Reportedly, the caste stamps were used to avoid any kind of confusion among candidates, as height and chest measurement norms are different for constables belonging to general and reserved categories. However, candidates from the general category were not labeled. The Commission has observed that the contents of the media reports, if true, amount to violation of right to equality and dignity. It has issued notices to the Chief Secretary and Director General of Police, Madhya Pradesh calling for a detailed report in the matter along with action taken against the delinquent officers.
Dalit rag picker beaten to death
(Case No. 974/6/21/2018)
The media reported that a 40 year old Dalit rag picker was beaten to death at Shapar village in Rajkot district on the 20th May, 2018, allegedly over the issue of collecting scraps in the area. Following a complaint lodged by the victim's wife, police have registered an offence of murder and other charges against the five unidentified persons under the IPC and Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act.
The Commission has observed that the contents of the news report, if true, raise serious issue of violation of human rights of the victims. Accordingly, it has issued a notice to the Chief Secretary to the Government of Gujarat calling for a report in the matter along with measures taken for relief to the affected families.