PRESS RELEASE

New Delhi, 17th September, 2015

The National Human Rights Commission in a case of negligence by the authorities, who left a student locked throughout the night in a school, has asked the Government of NCT of Delhi, through its Chief Secretary, to pay rupees ten thousand as relief to the victim. The officer has been asked to send the proof payment along with a compliance report within four weeks. The incident happened with a class six student of Senior Secondary School, Dhaka, Mukherjee Nagar, Delhi on the 27th July, 2014.

The Commission did not agree with the response to its show cause notice by the Delhi Government, wherein it said that the departmental action had already been taken against the negligent teacher. He was suspended with immediate effect and a case is under process for issuance of charge sheet against him under Rule 14 of CCS (CCA) Rules, 1965. The student was given counselling. He was attending the school regularly and performing well with extra attention being paid to him by the teachers. Therefore, the Commission may not impose any monetary relief on the Directorate of Education.

The Commission held that "the monetary relief is recommended by it under Section 18 of the Protection of Human Rights Act, 1993 in cases where violation of human rights is found established. Rather than an imposition on the State, it is more in the nature of a succour to the victim of violation of human rights. In the instant case, a boy of tender age, studying in class VI, was locked up in a class room and he had to spend the whole night alone without food, water, electricity etc.

One can very well imagine how traumatizing and agonizing it would have been to go through such an ordeal. All this happened, admittedly, due to the negligence of a public servant. The victim, therefore, deserves to be compensated by the State."

The Commission also observed that it appreciates the corrective steps taken by the school and extra attention being paid to the student but is unable to accede to the request of the State to abstain from recommending monetary relief.

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