Suo Motu Cognizance




T
he Commission took suo motu cognizance of alleged human rights violations reported by media during July, 2017 and issued notices to the concerned authorities for reports. Summaries of four cases are as follows:
Torture by Police
(Case No. 1115/18/1/2014)
The media reported on the 4th July, 2017 regarding the physical torture of a farmer by some police personnel in Jhalawar district of Rajasthan. As per the report, an altercation took place between the two neighbourers in the Devdungari village. The matter was reported to the police by one of the parties. In the meantime, reportedly, the dispute was resolved.
However, the police called both the parties to the Police Station to sign a document towards compromise. Reportedly, the victim, Ghanshyam Lodha got late in reaching the police station. The police personnel caught Ghanshyam on the way and bet him severely before carrying him in their vehicle. Later, he was tied to a tree and again beaten up mercilessly. When his condition deteriorated, he was taken to the Primary Health Centre from where he was referred to the Jhalawar District Hospital.
The Commission observed that the contents of the news report, if true, raised a serious issue of violation of human rights of the poor farmer and transferred the press clipping, as per the provisions of the Protection of Human Rights Act, to the Rajasthan State Human Rights Commission for taking appropriate action in the matter.
Unethical remarks by a public servant
(Case No. 2078/4/2/2017)
The media reported that the District Magistrate of Aurangabad district of Bihar, while addressing a gathering in a village on the issue of defecation in open, linked the issue of construction of toilets with the dignity of women. He, reportedly, stated that it costs ` 12,000/- only to construct a toilet and then asked the people to raise hands, if anybody thought that his wife was worth less than that amount.
In response one of the villagers said that he cannot afford to construct a toilet due to paucity of funds. On this, the bureaucrat, reportedly, got irritated and retorted: if that was the case then he should sell his wife….. If that was his mentality, then he should go and auction the dignity of his home.
The District Magistrate pointed out that several persons had taken advance payment of ` 12,000/-under the government scheme, 'Ghar ka Samman' for the construction of toilets but instead of doing so, they had wasted the money.
The Commission observed that though, the officer was addressing the villagers executing his duty to create awareness about the "Swacch Bharat" campaign of the Government of India, still, the comments, reportedly, made by him in public, cannot be termed as ethical. Being a public servant, the officer is supposed to keep in mind the sentiments and self respect of the people and be more sensible while addressing any issue. If the contents of the news item are true, it becomes a fit case of violation of human rights, inviting its intervention. Accordingly, it has issued a notice to the Chief Secretary, Government of Bihar calling for a detailed report in the matter.
Abduction of children
(Case No. 2982/30/2/2017-WC)
The media reported on the 1st July, 2017 about the abduction of two minor sisters, aged 13 and 16 years, from their residence in Ghazipur area of East Delhi on the 27th June, 2017. Allegedly, the police were not cooperating by conducting the investigations in the case expeditiously. However, reportedly, the police authorities had registered a criminal case Under Section 363 of Indian Penal Code, IPC and the Additional Deputy Commissioner of Police (East) had stated that they were taking action and investigating the case as per the guidelines of the National Human Rights Commission.
The Commission observed that the contents of the news report revealed a gruesome incident wherein two girls had been abducted in the midnight from their residence. It also indicated the helplessness of the aggrieved family as well as fearlessness of the perpetrators. It further observed that a fair and quick investigation is required in the matter as it may have links with trafficking of girl children.
The Commission also recalled that it had recommended certain guidelines in connection with the Case No. 2948/13/16/2013-FC relating to the issue of missing children and the amount of effort required to trace them in the first 72 hours. These were communicated to the Ministry of Women and Child Development, Government of India. The Commission, therefore, has issued a notice to the Commissioner of Police, Delhi calling for a report along with the status of the investigations in the instant case.
Not providing ambulance
(Case No. 338/33/15/2017)
The media reported on the 4th July, 2017 regarding an incident in the Rajnandgaon district of Chhattisgarh, wherein one person having sustained burn injuries died in the District Medical College and Hospital but no ambulance was provided to his family to carry his dead body. As a result, the family had to carry the dead body on a handcart. When the family left the 'Hospital', the administration woke up and rushed an ambulance to them but now, the family members of the deceased refused its services.
The Commission has observed that media report is indicative of violation of human rights of the deceased and his family members. This is illustrative of insensitive approach of the hospital administration. The Commission, in exercise of its power of Under Section 13 (6) of the 'Protection of Human Rights Act, 1993', has transferred the press clipping to the Chhattisgarh State Human Rights Commission for taking appropriate action in the matter.