Human rights violation by Armed Forces, NHRC can recommend interim compensation
New Delhi, 6 May 2004
The Ministry of Home Affairs, Government of India has revised its stand on the issue of the powers vested with the National Human Rights Commission on recommending interim compensation in cases relating to Human Rights violation by armed forces.
The Commission had been approached by the widows of two residents of Ganganagar district, Rajasthan who had lost their lives at the hands of BSF constable under influence of liquor.
The Commission issued show-cause notice under section 18(3) to the Ministry of Home Affairs, Government of India on the liability of the State to give immediate interim relief under section 18(3) of the Protection of Human Rights Act, 1993 to the next of kin of the two innocent persons who had lost their lives at the hands of BSF Constable. In reply, the Ministry of Home Affairs said that complaints of Human Rights violation by members of the armed forces are regulated by section 19 of the Protection of Human Rights Act, 1993. Section 18(3) of the Act is not applicable for armed forces like BSF.
The Commission on consideration of the response of State analyzed various provisions of the Protection of Human Rights Act 1993 and impressed upon the Ministry of Home Affairs, Government of India that provisions of section 19 are specific provisions to deal with the complaints of violations of human rights by members of the armed forces and prescribes
specified procedure which is somewhat different than the procedure prescribed under section 17 for inquiry into general complaints. The Commission emphasized that the power under section 19(1)(b) of the Act is wide in its amplitude and would include without any doubt, the power to recommend including grant of "interim relief" to the victims or the members of their family as the Commission may consider appropriate in the nature of "immediate interim relief" envisaged under section 18(3) of the Act.
In the light of the Commission's direction, the Ministry of Home Affairs, Government of Home Affairs, Government of India informed the Commission that it had reconsidered the issue and has taken a view that interim compensation can be recommended by the Commission in respect of cases relating to armed forces also.
Based on the clarification the Commission has recommended that rupees two lakhs be paid to the next of kin of the deceased persons Om Prakash and Gopi Ram of Ganganagar District, Rajasthan both of whom had been allegedly killed on the night of 15/16 August 2000 by a Constable of the 38 Battalion, BSF.
The widows of the deceased, Smt. Laxmi Devi and Savitri Devi had approached the Commission seeking relief. Detailing how the compensation was to be used, the Commission stated that out of the amount of rupees two lakhs, a sum of Rs.33,000/- would be placed in fixed deposit in the name of each of the children of the deceased to be withdrawn by them on attaining majority together with the accumulated interest. The amount shall be placed in fixed deposit in a nationalized bank. The remaining amount of rupees one lakh and one thousand shall be paid to each of the two widows. Out of that amount also rupees fifty thousand would be placed in fixed deposit in the name of the widows for enabling them to draw its interest and principal when considered necessary and the remaining amount of Rs.51,000/- would be paid to each of the two widows.
The Commission has sought a compliance report from the Ministry of Home Affairs.
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The Ministry of Home Affairs, Government of India has revised its stand on the issue of the powers vested with the National Human Rights Commission on recommending interim compensation in cases relating to Human Rights violation by armed forces.
The Commission had been approached by the widows of two residents of Ganganagar district, Rajasthan who had lost their lives at the hands of BSF constable under influence of liquor.
The Commission issued show-cause notice under section 18(3) to the Ministry of Home Affairs, Government of India on the liability of the State to give immediate interim relief under section 18(3) of the Protection of Human Rights Act, 1993 to the next of kin of the two innocent persons who had lost their lives at the hands of BSF Constable. In reply, the Ministry of Home Affairs said that complaints of Human Rights violation by members of the armed forces are regulated by section 19 of the Protection of Human Rights Act, 1993. Section 18(3) of the Act is not applicable for armed forces like BSF.
The Commission on consideration of the response of State analyzed various provisions of the Protection of Human Rights Act 1993 and impressed upon the Ministry of Home Affairs, Government of India that provisions of section 19 are specific provisions to deal with the complaints of violations of human rights by members of the armed forces and prescribes
specified procedure which is somewhat different than the procedure prescribed under section 17 for inquiry into general complaints. The Commission emphasized that the power under section 19(1)(b) of the Act is wide in its amplitude and would include without any doubt, the power to recommend including grant of "interim relief" to the victims or the members of their family as the Commission may consider appropriate in the nature of "immediate interim relief" envisaged under section 18(3) of the Act.
In the light of the Commission's direction, the Ministry of Home Affairs, Government of Home Affairs, Government of India informed the Commission that it had reconsidered the issue and has taken a view that interim compensation can be recommended by the Commission in respect of cases relating to armed forces also.
Based on the clarification the Commission has recommended that rupees two lakhs be paid to the next of kin of the deceased persons Om Prakash and Gopi Ram of Ganganagar District, Rajasthan both of whom had been allegedly killed on the night of 15/16 August 2000 by a Constable of the 38 Battalion, BSF.
The widows of the deceased, Smt. Laxmi Devi and Savitri Devi had approached the Commission seeking relief. Detailing how the compensation was to be used, the Commission stated that out of the amount of rupees two lakhs, a sum of Rs.33,000/- would be placed in fixed deposit in the name of each of the children of the deceased to be withdrawn by them on attaining majority together with the accumulated interest. The amount shall be placed in fixed deposit in a nationalized bank. The remaining amount of rupees one lakh and one thousand shall be paid to each of the two widows. Out of that amount also rupees fifty thousand would be placed in fixed deposit in the name of the widows for enabling them to draw its interest and principal when considered necessary and the remaining amount of Rs.51,000/- would be paid to each of the two widows.
The Commission has sought a compliance report from the Ministry of Home Affairs.
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