New Delhi October 10, 2006
The Commission undertook an inquiry into the cremation of 2097 (on re-examination 2059) dead bodies in three crematoriums of Amritsar, Tarn Taran and Majitha during the decade 1984-94 from human rights perspective on the Remit from the Hon. Supreme Court of India with a view to award compensation to the next of kin of the deceased in deserving cases.
During the course of inquiry, CBI on the directions of the Commission submitted three Lists - List 'A' showing 582 out of those 2097 deceased as fully identified, 278 as partially identified and 1237 as unidentified dead bodies.
Public notice inviting claims from the interested parties was issued in the news papers in January 1999. Pursuant to the said public notice, only 88 claims were received. With a view to ensure that justice is delivered in as many cases as possible, the Commission in 2004 decided to issue fresh public notice in the newspapers to invite claims in relation to those 2097 dead bodies. Pursuant to the subsequent notice, 1796 claims, besides those earlier 88 claims were received.
Noticing that only 582 dead bodies were fully identified, out of 2097 dead bodies cremated in three crematoriums, the Commission decided to undertake an exercise for identifying as many dead bodies as possible and with the help of State authorities and the parties to the proceedings, the Commission was able to identify as may as 1245 dead bodies as against 582 initially identified.
On the basis of inquiry, the Commission came to the conclusion that 194 deceased out of those 2097 were admittedly either in the custody or deemed custody of the police authorities immediately before their death and cremation. Since the police had failed in their duty to safeguard those persons who were in the custody of police, the Commission extending the principle of strict liability of "Duty of Care" held the State vicariously liable for violation of human rights of those 194 persons and awarded compensation of Rs. 2.5 lakhs each to the next of kin (NOK) of those 194 deceased vide its order dated 11th November, 2004 and subsequent orders from time to time. Pursuant to the orders a sum of Rs. 4,85,00000/- has been deposited by the State Government for disbursement.
As regards the remaining 1051 deceased persons who have been fully identified, pursuant to the exercise undertaken by the Commission, the Commission on inquiry found that those dead bodies were unceremoniously cremated by the State authorities in violation of the rules framed for cremation of unidentified dead bodies. The Commission took the view that the aforesaid act of authorities amounted to violation of dignity of dead and also hurts the emotions and sentiments of the next of kin of the deceased persons who would have preferred to perform the last rites of their near and dear ones in accordance with their religious and customary beliefs. Thus, for violation of dignity of dead and the right of the next of kin of the deceased persons to give an honorable farewell to the departed soul, the Commission has awarded a sum of Rs. 1.75 lakhs (one lakh seventy five thousand only) each to the next of kin of those 1051 deceased persons. Total amount of Rs. 18,39,25000/- have been directed to be deposited by the State of Punjab within three months for disbursement to the NOK.
814 dead bodies out of 2097 dead bodies still remain to be identified. The Commission, with a view to dispense justice to NOK of those unidentified deceased persons also, has decided to make one more effort to identify as many dead bodies as possible. Accordingly, it has now decided to appoint a Commissioner of the rank of retired High Court Judge to hold an inquiry with the assistance of the claimants, State Authorities and the petitioners to fix the identity of as many dead bodies out of those 814 dead bodies as possible, so that monetary relief, if justified, can be awarded to the NOK of those deceased persons also as a solace. The Commissioner has been given eight months time to complete the inquiry which shall be held at Amritsar.
****