IMPORTANT DEVELOPMENTS
On NHRC recommendations Assam Government pays Rs. 25 Lakhs in a case of fake encounter
The Government of Assam has complied with the recommendations of the National Human Rights Commission and paid rupees 25 lakhs as monetary relief to the next of kin of five men killed in an encounter on the 20th June, 2009 in the Dohikata Kadaldhowa reserve forest in the State in a joint operation of Assam Police, Army and CRPF.
The Commission made its recommendation on an analysis of the inquest, post-mortem and magisterial inquiry reports and other material on record. The evidence from the post-mortems showed that the five men were shot from the back, not in an exchange of fire. No attempt had been made to establish, through the ballistics and forensics tests that are standard operating procedure for any efficient police investigation, that these men had handled or fired any of the weapons allegedly recovered from the site. Unconvinced by the explanations given by the Government of Assam, the Commission had recommended that it pay rupees 5 lakhs each to the next of kin of five men killed in a fake encounter- Allauddin, Sahjamal Hoque, Promtone Sangma, Jahangir and Salim Khan.
On NHRC recommendations Bihar Government to proceed against the erring officers in child labour issue
The persistence of the Commission has finally led to the Bihar Government, after a long delay agreeing to start departmental proceedings against the two officers who were found responsible for inaction in a matter involving child labour in dye and colour manufacturing companies - Draulia Colour and Sindoor Factory, Draulia Sindoor Products and Natraj Chemicals in Lakhisarai district of Bihar.
The Commission has asked the Chief Secretary for details of action taken against the guilty officers and the erring companies. It has also asked for the details of monetary relief given to the children by the State and the erring companies as per the relevant sections of the Child Labour (Prohibition) Act.
The Commission had registered this case under no. 2256/4/2000-2001 on a complaint received on the 17th August, 2000. Thereafter, it issued a number of notices subsequent to which though the children were admitted in schools, but no details were provided whether any amount as fine was recovered from the employers of the children as per the provisions under the relevant sections of the Child Labour (Prohibition) Act or the action taken against the erring officers and the hazardous substance manufacturing companies which employed those children. The State was also called upon to pay rupees 5 thousand per children towards its contribution, but so far no report has been submitted to the Commission.
During the course of several proceedings in the interim, the Commission observed that "it is a glaring case where the government officers/officials in connivance with the factory owner made all efforts to save the factory owners from all types of criminal actions." In fact, the children were found to have been shifted elsewhere when the factory owners got an inkling that the premises will be raided. Despite this, after the raid seven children were found in the Natraj Chemicals factory. They were there in addition to many other workers, who were employed as children but had grown up as adults over a period of time showing glaring neglect on the part of authorities who were mandated to stop child labour.
Kerala Government partially complies with NHRC recommendations on Endosulfan
The Government of Kerala has submitted a report to the NHRC partially complying with its recommendations regarding Endosulfan. The State Government has submitted that with regard to payment of rupees 5 lakh to the bed ridden/unable to move victims a lump sum payment of rupees three lakhs will be disbursed as the first step. This
amount will be given in two installments of rupees 1.5 lakh each. The balance amount of rupees 2 lakhs will be treated/considered as deposit and the benefi ciaries will be given a monthly assistance of rupees 2 thousand for a period of five years equal to the return for long term deposit of the solatium amount. The deposited amount of rupees 2 Lakhs will be returned to them in lump sum after two years.
The Commission accepting this proposal has asked the State Government that it pay monetary relief in the similar manner to the next of kin of those who succumbed to diseases caused by Endosulfan.
It may be recalled that the Commission on the 31st December, 2010, through a detailed order, had recommended that the Government of Kerala should pay at least rupees 5 lakhs to the next of kin of those who died and to those who were fully bed ridden/unable to move without help or mentally retarded and rupees 3 lakhs to those who got other disability. It was also suggested that a panel of doctors may assess the extent of physical disability to classify the categories of victims.
As regards payment of rupees 3 lakhs to other disabled persons, the Commission has agreed with the State Government's submission that in the first step, a lump sum payment of rupees 2 lakhs will be disbursed in two installments. rupees 1 lakh will be treated as deposit and the beneficiaries will be given a monthly assistance of rupees 1 thousand for a period of five years equal to the return of the solatium amount. After five years, rupees 1 lakh will be returned to the beneficiaries in lump sum. Necessary instructions for release of the amount to the victims have also been given to the concerned.
The State Government has also submitted a detailed account of the steps taken by it in ensuring diagnostic and health care facilities; rehabilitation and welfare measures for the victims of Endosulfan in the affected region of Kasargod District. According to a preliminary survey, conducted in 7275 houses in Muthalamada Panchayat, except Parambikulam and 1995 houses in Kollengode Panchayat, 46 persons were identified as Endosulfan victims.
The Government of Assam has complied with the recommendations of the National Human Rights Commission and paid rupees 25 lakhs as monetary relief to the next of kin of five men killed in an encounter on the 20th June, 2009 in the Dohikata Kadaldhowa reserve forest in the State in a joint operation of Assam Police, Army and CRPF.
The Commission made its recommendation on an analysis of the inquest, post-mortem and magisterial inquiry reports and other material on record. The evidence from the post-mortems showed that the five men were shot from the back, not in an exchange of fire. No attempt had been made to establish, through the ballistics and forensics tests that are standard operating procedure for any efficient police investigation, that these men had handled or fired any of the weapons allegedly recovered from the site. Unconvinced by the explanations given by the Government of Assam, the Commission had recommended that it pay rupees 5 lakhs each to the next of kin of five men killed in a fake encounter- Allauddin, Sahjamal Hoque, Promtone Sangma, Jahangir and Salim Khan.
On NHRC recommendations Bihar Government to proceed against the erring officers in child labour issue
The persistence of the Commission has finally led to the Bihar Government, after a long delay agreeing to start departmental proceedings against the two officers who were found responsible for inaction in a matter involving child labour in dye and colour manufacturing companies - Draulia Colour and Sindoor Factory, Draulia Sindoor Products and Natraj Chemicals in Lakhisarai district of Bihar.
The Commission has asked the Chief Secretary for details of action taken against the guilty officers and the erring companies. It has also asked for the details of monetary relief given to the children by the State and the erring companies as per the relevant sections of the Child Labour (Prohibition) Act.
The Commission had registered this case under no. 2256/4/2000-2001 on a complaint received on the 17th August, 2000. Thereafter, it issued a number of notices subsequent to which though the children were admitted in schools, but no details were provided whether any amount as fine was recovered from the employers of the children as per the provisions under the relevant sections of the Child Labour (Prohibition) Act or the action taken against the erring officers and the hazardous substance manufacturing companies which employed those children. The State was also called upon to pay rupees 5 thousand per children towards its contribution, but so far no report has been submitted to the Commission.
During the course of several proceedings in the interim, the Commission observed that "it is a glaring case where the government officers/officials in connivance with the factory owner made all efforts to save the factory owners from all types of criminal actions." In fact, the children were found to have been shifted elsewhere when the factory owners got an inkling that the premises will be raided. Despite this, after the raid seven children were found in the Natraj Chemicals factory. They were there in addition to many other workers, who were employed as children but had grown up as adults over a period of time showing glaring neglect on the part of authorities who were mandated to stop child labour.
Kerala Government partially complies with NHRC recommendations on Endosulfan
The Government of Kerala has submitted a report to the NHRC partially complying with its recommendations regarding Endosulfan. The State Government has submitted that with regard to payment of rupees 5 lakh to the bed ridden/unable to move victims a lump sum payment of rupees three lakhs will be disbursed as the first step. This
amount will be given in two installments of rupees 1.5 lakh each. The balance amount of rupees 2 lakhs will be treated/considered as deposit and the benefi ciaries will be given a monthly assistance of rupees 2 thousand for a period of five years equal to the return for long term deposit of the solatium amount. The deposited amount of rupees 2 Lakhs will be returned to them in lump sum after two years.
The Commission accepting this proposal has asked the State Government that it pay monetary relief in the similar manner to the next of kin of those who succumbed to diseases caused by Endosulfan.
It may be recalled that the Commission on the 31st December, 2010, through a detailed order, had recommended that the Government of Kerala should pay at least rupees 5 lakhs to the next of kin of those who died and to those who were fully bed ridden/unable to move without help or mentally retarded and rupees 3 lakhs to those who got other disability. It was also suggested that a panel of doctors may assess the extent of physical disability to classify the categories of victims.
As regards payment of rupees 3 lakhs to other disabled persons, the Commission has agreed with the State Government's submission that in the first step, a lump sum payment of rupees 2 lakhs will be disbursed in two installments. rupees 1 lakh will be treated as deposit and the beneficiaries will be given a monthly assistance of rupees 1 thousand for a period of five years equal to the return of the solatium amount. After five years, rupees 1 lakh will be returned to the beneficiaries in lump sum. Necessary instructions for release of the amount to the victims have also been given to the concerned.
The State Government has also submitted a detailed account of the steps taken by it in ensuring diagnostic and health care facilities; rehabilitation and welfare measures for the victims of Endosulfan in the affected region of Kasargod District. According to a preliminary survey, conducted in 7275 houses in Muthalamada Panchayat, except Parambikulam and 1995 houses in Kollengode Panchayat, 46 persons were identified as Endosulfan victims.