NHRC notices to the West Bengal Government over the reported undignified treatment meted out to the dead body of a minor victim of alleged sexual assault and murder in North Dinajpur

New Delhi, 25th April, 2023

The National Human Rights Commission, NHRC, India has taken suo motu cognizance of media reports with photographs indicating that the body of a minor girl victim of sexual assault and murder was dragged away by the police in public view amidst protests in North Dinajpur, West Bengal. Reportedly, a video of the incident has also gone viral on social media. The girl belonged to the Scheduled Tribe.

Expressing shock over the reported incident, the Commission has observed that, if true, it raises a serious issue of violation of the right to dignity of the deceased victim girl, which is a matter of concern. Accordingly, it has issued notices to the Chief Secretary and the Director General of Police, West Bengal calling for a detailed report in the matter within 6 weeks.

The report should include action taken against the responsible police personnel, details and status of the investigation of the criminal case, and compensation paid, if any, to the next of kin of the deceased by the State Government/ the State Legal Services Authority, West Bengal. The State Government is also expected to mention in the report the action taken on the Advisory of the Commission dated 14th May, 2021 regarding upholding the dignity and protecting the Rights of the dead.

Issuing the notices, the Commission has also observed that the body of a deceased human being deserves to be treated in a dignified manner as human rights do not cease to be honoured with the death of a person. The Commission has held that it is a well-accepted legal position that the Right to Life, fair treatment, and dignity, derived from the Article 21 of the Constitution of India, extends not only to living persons but also to their dead bodies. It had issued an Advisory in this regard for compliance by all the States and Union Territories.

According to the media reports, carried on 23rd April, 2023, the girl, a resident of Sahebghata area of North Dinajpur had reportedly left her residence and went missing on 20th April, 2023. The next day her dead body was found floating in a pond near her house. Reportedly, police have claimed that she committed suicide while her family members alleged that it is a case of sexual assault and murder.

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