NHRC recommends compensatation of Rs. One lakh to the victim of sexual abuse
New Delhi, February 2, 2009
The National Human Rights Commission has recommended to the State of Hayana to pay a sum of Rs. One Lakh by way of interim relief to the victim who was sexually abused by Shri Samay Singh, Head Master of the Govt. Middle School (Co-education), Anandpur, Distt. Rewari on 11/2/2007.
The Commission received a complaint from Shri Sube Singh, S/o Shri Surjan Singh, r/o village Anandpur, Tehsil &PS Bawal, Distt. Rewari, Haryana alleging sexual abuse and attempt to rape of his grand daughter, Student of class VIII by Shri Samay Singh, Head Master in Govt. Middle School, Anandpur, Tehsil Bawal, Distt. Rewari, Haryana. It was also alleged that police has registered case FIR No. 23/07 dated 14/2/2007 u/s 294/506 IPC PS Bawal. The complainant had also alleged that the case is not registered under appropriate section of law and therefore, no action against the culprits was taken by the police.
The Commission considered the above complaint on 23/2/2007 and directed Director General (Investigations), NHRC to send a team from the Investigation Division of NHRC for on the spot inquiry and submit a report within two weeks.
-1-
-2-
The SP Rewari was directed by the Commission to closely monitor the investigation of the case by an officer not below the rank of Dy.S.P. and also directed the Director of School Education to report whether any departmental action has been initiated against the Head Master, Samay Singh and if so, the outcome thereof be intimated.
On the directions of the Commission, the SP, Rewari has informed that charge sheet against Shri Samay Singh has been submitted in the Court u/s 354/506 IPC on 19/3/2007 in case FIR No. 23/04 P.S. Bawal.
The Commission further observes that since Head Master Samay Singh had been charge-sheeted u/s 354 (assault or criminal force to woman with intent to outrage her modesty) and 506 (criminal intimidation) of IPC and departmental inquiry has already been initiated against him, prima facie, violation of human rights of the victim girl has been established. Under the circumstances, the Commission opined it is a fit case for award of interim relief to the victim. Accordingly a Show Cause Notice was served to the Chief Secretary, Govt. of Haryana as to why the interim relief be not recommended to be paid to the victim for violation of her human rights. In reply to the Show Cause Notice, a response from the Commissioner and Director General School Education, Haryana, Chandigarh was received stating that Shri Samey Singh is already facing trial in the Hon'ble Criminal Court for allegedly committed a criminal offence and therefore, award of "interim relief" before completion of trial might create awkward situation. They have requested to adjourn this matter sine-die. However, the Commission has not accepted this plea of the Government of Haryana
The Commission after taking into consideration facts and circumstances recommended to the State of Haryana to pay a sum of Rs. One Lakh by way of interim relief to the victim and also directed the Chief Secretary, Haryana to submit compliance report alongwith proof of payment within four weeks. The Commission has received the compliance report and proof of payment on 19/1/2009.
*********
The National Human Rights Commission has recommended to the State of Hayana to pay a sum of Rs. One Lakh by way of interim relief to the victim who was sexually abused by Shri Samay Singh, Head Master of the Govt. Middle School (Co-education), Anandpur, Distt. Rewari on 11/2/2007.
The Commission received a complaint from Shri Sube Singh, S/o Shri Surjan Singh, r/o village Anandpur, Tehsil &PS Bawal, Distt. Rewari, Haryana alleging sexual abuse and attempt to rape of his grand daughter, Student of class VIII by Shri Samay Singh, Head Master in Govt. Middle School, Anandpur, Tehsil Bawal, Distt. Rewari, Haryana. It was also alleged that police has registered case FIR No. 23/07 dated 14/2/2007 u/s 294/506 IPC PS Bawal. The complainant had also alleged that the case is not registered under appropriate section of law and therefore, no action against the culprits was taken by the police.
The Commission considered the above complaint on 23/2/2007 and directed Director General (Investigations), NHRC to send a team from the Investigation Division of NHRC for on the spot inquiry and submit a report within two weeks.
-1-
-2-
The SP Rewari was directed by the Commission to closely monitor the investigation of the case by an officer not below the rank of Dy.S.P. and also directed the Director of School Education to report whether any departmental action has been initiated against the Head Master, Samay Singh and if so, the outcome thereof be intimated.
On the directions of the Commission, the SP, Rewari has informed that charge sheet against Shri Samay Singh has been submitted in the Court u/s 354/506 IPC on 19/3/2007 in case FIR No. 23/04 P.S. Bawal.
The Commission further observes that since Head Master Samay Singh had been charge-sheeted u/s 354 (assault or criminal force to woman with intent to outrage her modesty) and 506 (criminal intimidation) of IPC and departmental inquiry has already been initiated against him, prima facie, violation of human rights of the victim girl has been established. Under the circumstances, the Commission opined it is a fit case for award of interim relief to the victim. Accordingly a Show Cause Notice was served to the Chief Secretary, Govt. of Haryana as to why the interim relief be not recommended to be paid to the victim for violation of her human rights. In reply to the Show Cause Notice, a response from the Commissioner and Director General School Education, Haryana, Chandigarh was received stating that Shri Samey Singh is already facing trial in the Hon'ble Criminal Court for allegedly committed a criminal offence and therefore, award of "interim relief" before completion of trial might create awkward situation. They have requested to adjourn this matter sine-die. However, the Commission has not accepted this plea of the Government of Haryana
The Commission after taking into consideration facts and circumstances recommended to the State of Haryana to pay a sum of Rs. One Lakh by way of interim relief to the victim and also directed the Chief Secretary, Haryana to submit compliance report alongwith proof of payment within four weeks. The Commission has received the compliance report and proof of payment on 19/1/2009.
*********