Suo Motu Cognizance

The Commission took suo motu cognizance in 04 cases of alleged human rights violations reported by media during April, 2018 and issued notices to the concerned authorities for reports. Summaries of some of the cases are as follows:
Sexual exploitation of women in Telugu Film Industry
(Case No. 232/36/0/2018-WC)
The media reported on the 12th April, 2018 about the issue of sexual exploitation of women in the Telugu Film Industry as raised by a Television anchor turned actress. Reportedly, the actress staged a semi-nude protest outside the Telugu Film Chamber of Commerce in an attempt to highlight her grievances. The actress had been questioning the State government and the Movie Artists' Association, MAA of the Telugu Film Industry on the absence of the Committee against Sexual Harassment (CASH) due to which, no female could represent and seek redressal of her grievances related to sexual harassment at work place.
The Commission has observed that the contents of the media reports, if true, tantamount to inaction on the part of the State government. The reported prohibitions imposed upon the actress, barring her to act in the films and stopping others to work with her amount to violation of her right to livelihood to live with dignity.
Accordingly, it has issued notices to the Chief Secretary, Government of Telangana and the Secretary, Union Ministry of Information and Broadcasting, calling for a detailed report in the matter. The state authorities are expected to intimate about the available/proposed mechanism to the deal with the subject.
The Commission has also observed that reportedly, legal action against the actress had been taken u/s 294 IPC but it is nowhere mentioned, if action on the serious allegations of casting couch and sexual harassment, leveled by her, had been taken by the authorities. Therefore, it appears to be an attempt to muzzle the voice of whistle blower by the MAA as well as the State authorities.
The Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013 has laid down provisions to prevent sexual harassment of women at work places. The "workplace" includes not only the government organisations/offices but also private ventures. Section 2 (o) (ii) of the Act reads:
"Any private sector organisation or a private venture, undertaking, enterprise, institution, establishment, society, trust, non-governmental organisation, unit or service provider carrying on commercial, professional, vocational, educational, entertainmental, industrial, health services or financial activities including production, supply, sale, distribution or service."
Thus, the Commission observed that the issues raised by the actress demand action on part of the State government in the form of a committee to address and redress the grievances of the female actors and women employees, in case of any sexual harassment at the work place i.e. Telugu Film Industry, in this case.
According to the media reports, annoyed by the nude protest by the artist, the MAA not only dismissed her allegations but also declared that she will not be given its membership under any circumstances. The MAA, reportedly, has even moved further stating that action will be taken against any artist, who would share screen space with her. The MAA who have filed a police complaint against the actress, have stated that action against her has been taken as per rules and they have the right to deny membership to her. The actress has been reportedly booked u/s 294 IPC (obscene act in a public place).
Death in judicial custody
(Case No. 8385/24/71/2018-AD)
The media reported on the 10th April, 2018 about the mysterious death of a rape victim's father, who was in custody at a jail in Unnao, Uttar Pradesh. The incident was reported to have happened a day after the alleged rape victim tried to immolate herself near the Chief Minister's residence accusing an MLA and his aides of gang rape. The girl's father was in judicial custody after his arrest on charges of a brawl with the MLA's supporters. The daughter of the deceased, reportedly, alleged that it was only the delinquent MLA, who had got her father killed since she was not willing to withdraw the complaint of gang rape against him.
The Commission has observed that the allegations, if true, raise serious issue of violation of human rights of the victim family. It has issued notices to the Chief Secretary and the Director General of Police, Uttar Pradesh calling for a detailed report in the matter, including action taken against the delinquent police officials, who refused to register an FIR. The Commission also expects from the DGP, an explanation for not communicating the custodial death to the Commission within 24 hours. They have been asked to submit all the reports, including health screening report of the deceased at the time of his admission to the jail and the medical treatment provided to him.
The Commission has also directed the Chief Secretary, Government of Uttar Pradesh to look into the matter personally and ensure that the aggrieved family is not subjected to further harassment and humiliation by the opponents, who appear to be resourceful persons of the locality. He is also directed to monitor and expedite the magisterial inquiry, which is underway.
According to the media reports, some miscreants forcibly entered into the house of the deceased and thrashed him brutally in front of his family members on the 3rd April, 2018. The family approached the Makhi police station to lodge an FIR against the younger brother of the MLA and his aides. It was mentioned in their complaint that the brother of the MLA led the group and asked his accomplices to attack the family. The FIR had been, reportedly, lodged but the name of the brother of the MLA was not mentioned therein. On the other hand, the police booked the father of the girl u/s 323, 504, 506 IPC and also added sections of the Arms Act against him. He was arrested and remanded to judicial custody for 14 days. The police, as mentioned in the news report, argued that the accused was a listed criminal. After medical examination, the alleged accused was sent to prison at 7.30 pm on the 4th April, 2018. In the evening of the 8th April, 2018, the accused complained of stomach ache and the next day he died in the hospital at around 3.30 am.
The daughter of the deceased, who has leveled allegation of rape against the MLA and his associates, has, reportedly, stated that since Unnao police had refused to act against the MLA, his brother and accomplices, they were forced to move the Court to get an FIR registered. She has also alleged that the MLA had threatened to get the entire family killed. As per news reports, she had met the Chief Minister on the 17th August, 2017, to raise her grievance and was assured help but in spite of this, her father ended up dying in custody.
According to the media reports, the doctors, who examined the victim's father after two days in police custody, noted 19 injury marks on his body. Reportedly, he was taken to hospital only when his condition deteriorated.
Unabated violence in Asansol- Raniganj area
(Case No. 391/25/1/2018)
The media reported on the 2nd April, 2018 that the failure of the law enforcing agencies has resulted in the violation of the rights to life, liberty and dignity of innocent people, who have become victims of violence in the Asansol- Raniganj area of West Bengal since the 25th March, 2018. Many people had been forced to leave their houses; several had died in the violence; a police officer had also sustained grievous injuries and the situation was reported to be still out of control.
Expressing serious concern, the Commission has issued notices to the Chief Secretary, Home Secretary and Director General of Police, West Bengal calling for a detailed report in the matter.
The Commission has also asked its Director General (Investigation) to depute a team headed by an officer not below the rank of SSP to visit the disturbed areas of Asansol-Raniganj for spot investigation/ inquiry to assess the actual situation and submit a report.
According to the media reports, the people's call for police help at 100 number went unanswered. The unruly mob had destroyed the public and private properties. There were many families from different communities, as mentioned in the news report, who had lost everything in the ongoing violence. According to the reported eye witness accounts, the police just stood there for a while and then vanished when the crowd attacked the victims. Expecting women and the people suffering from illnesses were the most affected.
However, reportedly, the Commissioner of Police of Asansol stated that a large number of police personnel had been deployed in the sensitive areas and the situation was under control; loud speakers were being used to spread awareness against the rumours.
Paper leak of class 10 and 12 Board exams
(Case No. 154/90/0/2018)
The media reported that papers of Class X and XII board examinations conducted by the Central Board of Secondary Education (CBSE) were out. Reportedly, two cases had been registered on the charges of criminal breach of trust, cheating and criminal conspiracy and some arrests were also made.
The Commission has observed that prima facie, it seems the concerned authorities have failed to keep the faith of the students, intact. The humiliation being faced by the innocent students is amounting to violation of their Rights to Dignity and Education. Accordingly, on the 2nd April, 2018, it issued notices to the Secretary, Union Ministry of Human Resource Development, the Chairperson, Central Board of Secondary Education and the Commissioner of Police, Delhi calling for a detailed report in the matter.
The Ministry of Human Resource Development is also expected to inform the Commission about the steps taken regarding counselling of the aggrieved students and to make the process of conducting board examinations trustworthy and foolproof to avoid recurrence of such painful incidents in future.
The Commission has further observed that such instances would adversely affect the credibility of the institutions in which the students have absolute faith. The students have been undergoing trauma engulfed with helplessness, heart break and mental agony during examinations days. The parents and the teachers try their best to counsel and motivate the students to remain calm and confident these days. Several government and non-government agencies including the media also contribute to impart ancillary support to the students to deal with the anxiety, attached to the board examinations. In spite of all the best efforts made by every stake holder, if the preparations done by the students go in vain due to such demoralizing and unexpected incidents like paper leak, it would definitely shatter the enthusiasm of the young aspiring students.