Human Rights Violations by the Armed Forces; Commission can recommend interim compensation

In a recent communication to the Commission, the Ministry of Home Affairs stated that the Commission could recommend payment of interim compensation for violation of human rights even in cases where violations have occurred at the hands of armed forces.
The clarification was sought in a case where a drunk BSF constable reportedly killed two residents Om Prakash and Gopi Ram of Ganganagar district, Rajasthan in August 2000. The widows of the deceased seeking relief approached the Commission.
The Commission issued show-cause notice to the Ministry of Home Affairs, Government of India on the liability of the State to give immediate interim relief under section 18(3) of the Protection of Human Rights Act, 1993 to the next of kin of the two innocent persons who had lost their lives at the hands of the BSF Constable. In reply, the Ministry of Home Affairs said that complaints of human rights violation by members of the armed forces are regulated by section 19 of the Protection of Human Rights Act, 1993. Section 18(3) of the Act is not applicable for armed forces like the BSF.
The Commission on consideration of the response, analyzed various provisions of the Protection of Human Rights Act, 1993 and impressed upon the Ministry of Home Affairs, Government of India that provisions under section 19 are specific provisions to deal with the complaints of violations of human rights by members of the armed forces, and prescribes specified procedure which is somewhat different from the procedure prescribed under section 17 in the Act for inquiry into general complaints. The Commission emphasized that the power under section 19(1)(b) of the Act is wide in its amplitude, and, would include without any doubt, the power, to recommend, including grant of "interim relief" to the victims or the members of their family as the Commission may consider appropriate in the nature of "immediate interim relief" envisaged under section 18(3) of the Act.
In the light of the Commission's direction, the Ministry of Home Affairs, informed the Commission that it had reconsidered the issue.
Based on the clarification the Commission recommended that rupees two lakhs be paid to the next of kin of the deceased.
The Commission has sought a compliance report from the Ministry of Home Affairs.