NHRC reiterates its recommendations to the Govt. of Uttar Pradesh and calls for compliance report in a case of gang rape in Moradabad (01.03.2021)

New Delhi, 01st March, 2021

The National Human Rights Commission, NHRC, India has asked the Govt. of Uttar Pradesh to submit the proof of payment to the victim of a gang rape in dist. Moradabad, which it had sanctioned on the recommendations of the Commission but apparently not released. The Commission, reiterating its recommendations on 23/02/2021, has called for a compliance report within four weeks on the following:

i. Ensure deployment of lady police officers in all police stations, and share a list of police stations where there is no lady police officer;

ii. Take disciplinary action against the erring police officers;

iii. Register case u/s 166A IPC against police personnel, who did not register case on allegation of rape.

The Commission had registered the case on the basis of a complaint that some men of her locality, under the jurisdiction, PS Civil Lines, dist. Moradabad, had barged into her house on 18/11/2018, while she was alone. She was tied up, gang raped and tortured by them in the broad daylight before leaving the house. On hearing her groans, a person reached the house and set her free. Thereafter, when she was taken to the Police Station, Civil Lines to report the matter, she was made to wait till midnight but no FIR was registered.

During the course of inquiry, through its Investigation Division, the Commission found out that the police did not register the case or took action on the victim's complaint. The case was registered only after the intervention of the court. This caused 1-1/2 months delay in the registration of the case by the Police.

The Commission observed that this delay led to the destruction of vital evidence of the case. This act of negligence of police officials violated human rights of the victim for which the State Govt. is vicariously liable. Therefore, a notice u/s 18 of the PHR Act, 1993 was issued to the Govt. of Uttar Pradesh through its Chief Secretary, to show cause why Rs. 2,00,000/-should not be recommended to be paid as relief to the victim.

In response, the report of the Govt. of UP said that the victim’s complaint dated 25/11/2018 was received by the PS Civil Lines on 12/12/2018. Thereafter, investigation started. The report further stated that in the interim, the complainant filed an application U/S 156(3) Cr.P.C. in the court.

On the directions of the Court, an FIR No. 1308/18 u/s 452/376/ (d)/ 323 were registered against the 6 accused persons. After investigation, final report No. 47/19 dated 06.02.2019 was submitted before the court. The complainant also filed protest petition against the final report. Again, on the directions of the Court the matter was re-investigated and the final report was submitted in the Court.

The report from the State Govt. has also revealed that two police officials, including the Chowki in-charge, were found negligent for not registering the FIR immediately on the complaint of the victim. Hence, the State Govt. stated that the relief of Rs. 2 lakh, as recommended by the NHRC, is allowed/sanctioned to be paid to the complainant for violation of her human rights.

However, the Commission observed that the report by the State Govt. was not conclusive as no inputs were provided on the actions taken by the concerned authorities on the three actionable points recommended by the Commission. Therefore, the Commission has issued a reminder notice to the Government of Uttar Pradesh.

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