NHRC notice to the Government of Haryana and Member-Secretary, State Legal Services Authority over reported rape of a woman byan Inspector in Palwalin lieu of helping her jailed husband

New Delhi, 22nd November, 2022

The National Human Rights Commission, NHRC, India has taken suo motu cognizance of a media report that in Palwal, Haryana,a crime branch Inspector rapeda woman in lieu of helping her jailed husband.The Commission has observed that the contents of the media report, if true amount to human rights violations of the victim by a public servant.

Accordingly, it has issued a notice to the Chief Secretary and Director General of Police, Government of Haryana by calling for the reportswithin six weeks. The Chief Secretary is expected to inform whether suitable directions have been issued to ensure the guidelines formulated in Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and rules framed there under by creating Internal Complaint Committee in public offices within the State of Haryana including the police forces. The report must also contain the statics for last one year regarding such complaints about sexual harassment of women at workplace including third party harassment by the public servant.

The Director General of Police has to submit a report including the action taken report regarding reasons for failure of the institutional mechanism within the Haryana Police for not adhering to the guidelines formulated in Viaskhas’s case as well as inability to initiate enquiry under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The report must also contain the up-to-date status of the criminal case registered against accused Inspector by specifying the penal provisions invoked under various penal laws and as to whether the arrest is made, if not, what measures have been taken to nab the culprit. In addition to this, it should state whether any compensation has been awarded to the victim woman for such heinous crime at the instance of a public servant. The report is also expected to specify the mechanism initiated by Haryana Police to deter the police personnel from perpetrating such type of horrendous crime.

The Commission has also asked the Member-Secretary, State Legal Services Authority, Haryana to send a report within eight weeks after examining the case of prolong incarceration of the husband of the victim woman in Neemka jail and to ensure that the accused be provided with free Legal Aid counsel before the jurisdictional court so that he may be represented adequately in the case, for which he is an undertrial prisoner, if not already released on bail.

According to the media report, the victim woman is a resident of Palwal. In the month of May, 2020, a case was registered against her husband for attacking some persons over certain dispute. Her husband has been lodged in Neemka jail. It is also reported that during that period, the victim woman came in contact with the Inspector, who promised her to help her husband in getting him out of jail. It is also reported that the Inspector took Rs. 4 lakhand later on Rs. 1 lakh more before sexually assaulting her.

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