NHRC notice to the Government of West Bengal over the illegal recording of NCPCR enquiry into a case, and assault on the team by the police in Kolkata

New Delhi, 21st June, 2023

The National Human Rights Commission, NHRC, India has taken cognizance of a complaint that during the course of enquiry into the suspicious death of a seven-year girl in the Tiljala area of Kolkata, West Bengal, the police officials obstructed the enquiry by the team of the National Commission for Protection of Child Rights, (NCPCR) led by its Chairperson on 31st March, 2023. Allegedly, they were physically assaulted and threatened for life when they protested against the police for recording on camera, in contravention of law, their conversation with the victim’s parents as part of the enquiry.

The complaint has sought registration of FIR and action against the erring police personnel under the relevant sections of Information Technology, IT Act as well as Indian Penal Code, IPC and not as rendered.

The Commission has issued notices to the Chief Secretary and the Director General of Police, West Bengal calling for a detailed report in the matter including the status of the investigation conducted in the case, FIR registered at PS Tiljala on the complaint given by the Chairperson, NCPCR and the action taken against the officers/officials found guilty. The response is expected from the authorities within 4 weeks.

Issuing the notices, the Commission has observed that the National Commission for Protection of Child Rights (NCPCR) is a statutory body having a mandate for the protection and promotion of the rights of children, including monitoring of the implementation of the child-specific laws, viz., Protection of Children from Sexual Offences (POCSO), Juvenile Justice, Right to Education (RTE), etc. The NCPCR is lawfully empowered to enquire, on its own, on the basis of a complaint, on any matter relating to an alleged violation of the rights of the children.

The Commission is of the prima-facie view that installing video cameras in the room in a discrete manner, where the NCPCR team was supposed to talk to the parents of the victim is not only morally wrong but also against the directions of the Apex Court regarding maintaining privacy with regard to name and identity of a female victim of a crime. Physical assault on the NCPCR team is also a grave violation of human rights.

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