Important intervention

NHRC's swift move ensures voting by eight SCs in Odisha
The National Human Rights Commission, acting swiftly on a complaint received on the 6th April, 2014, ensured that eight voters belonging to three Scheduled Caste families of rescued bonded laboureres cast their votes at village Birakesharipur, PS Gadishangooda, District Puri in police protection on the 17th April, 2014. Ousted from their village, they had been fighting for their right to live in their village. The complainant, a human rights activist, alleged that one Maguni Sethi and two other bonded labour families wanted to exercise their right to vote but were not feeling safe to go to the electoral booth in their village from where they were ousted long before. He had sought the intervention of the Commission in the matter.

Persistent NHRC ensures Rupees 9 lakh more as relief in a case of electrocution in Mizoram
Holding that monetary relief of rupees one lakh ten thousand to the next of kin of nine electrocuted persons was meagre, the National Human Rights Commission ensured that the Government of Mizoram paid an additional amount of rupees one lakh each to them. The nine persons were traveling in a bus running between New Serkawr and New Latawh in District Saiha, Mizoram on the 25th March, 2011. They were electrocuted when bus got in touch with the live 11 KV line which was hanging low at 3.35 meter above the ground instead of required 4.5 meters. The Commission has received a proof of payment to the families of the victims from the State Government.
Earlier, the Superintending Engineer's report, magisterial enquiry report and the police report pointed the gross negligence on the part of power department. A Junior Engineer, P&E Division, Lawngtlai was held responsible. Therefore, the Commission did not accept the contention of the State Government that the driver and conductor of the bus were responsible for the accident.
It also did not accept the State's argument that the NHRC might not be the appropriate forum to decide the issue of compensation since a criminal case had already been registered under Section 304-A IPC in the matter, and that a competent civil court as well as human rights court were there to take up and decide the case for violation of human rights.
The Commission observed that the registration and pendency of a criminal case does not debar it from granting appropriate relief, under Section 18 of the Protection of Human Rights Act, 1993, to the next of kin of the deceased.

Rupees 2 lakh in two cases of death in Tihar Jail; Delhi Chief Secretary to submit ATR against the guilty
In two cases of death in judicial custody in Tihar Jail, the National Human Rights Commission has asked the Government of NCT of Delhi to pay rupees one lakh each as monetary relief to the next of kin of the deceased under trial prisoners, Prakash and Devi Ram. Prakash died on the 9th April, 2010 and Devi Ram died on the 11th December, 2010. In both the cases, the Commission has asked the Chief Secretary of the Government of NCT of Delhi to send compliance report along with the proof of payment and report on the action taken against the officers and doctors found guilty of human rights violation of the victims.
During the course of enquiry and the material provided on record by the concerned authorities, the Commission found that Prakash died while undergoing treatment in Rajan Babu T.B. Hospital. He was lodged in Central Jail No. 3, Tihar since the 25th November, 2009 in connection with a case u/s 363,366,376 IPC. The Magisterial enquiry report held that the deceased expired due to natural disease, however, there was negligence on the part of the doctors of Tihar Jail in not providing timely treatment to the deceased. The Board of Doctors opined that the prisoner suffered from Pulmonary Tuberculosis which is a curable disease.
In Devi Ram's case, the Commission found that there was unnecessary delay on the part of the Jail authorities in sending him to Deen Dayal Upadhyaya Hospital, where he was declared brought dead. The under trial prisoner was having breathing problem and the Magisterial enquiry report had mentioned that delay of 50 minutes in carrying him to hospital proved fatal and there was no explanation provided for this unnecessary delay. The Medical Officer also observed that Devi Ram's life could have been saved if he had reached the hospital in time. It was also revealed that Jail authorities and Delhi Armed Police could not coordinate well in transporting the patient by a private vehicle in the absence of a government vehicle. The Commission has observed that whether it was the carelessness of the Jail authorities or Delhi Armed Police authorities, Devi Ram lost his life due to delay in sending him to Deen Dayal Upadhyaya Hospital. Thus, the State of NCT of Delhi is vicariously liable for the negligence of its employees and hence, it has to pay relief to the next of kin of the deceased.


NHRC holds staff responsible for delivery of a baby on roadside in Bhilwara
The National Human Rights Commission has asked the Government of Rajasthan, through its Chief Secretary, to pay a sum of Rupees 50 thousand as monetary relief to a woman, who had to suffer the indignity of delivering a baby by the roadside due to the negligence and indifference of the medical staff of the Government Community Health Centre, Kareda, Bhilwara, Rajasthan. He has been asked to send a compliance report along with a proof of payment.
During the course of the enquiry, the Commission found that a male nursing staff was guilty of negligence and dereliction of duty and that disciplinary action had been initiated against him. The lack of coordination between the doctors was also exposed. The male doctor was transferred and proposal for a disciplinary action against the lady doctor had been forwarded to the Directorate of Health, Government of Rajasthan.
The Commission had taken up the cognizance of the matter on the basis of a complaint filed by a human rights activist. According to the complaint, a pregnant woman was taken to the residence of a male doctor of the Government Health Centre, Kareda on the 3rd August, 2011, who referred her to the Health Centre. The attendants took the woman to the Health Centre, Kareda. However, the staff at the Health Centre refused to admit her. When the woman was being taken to the residence of a lady doctor of the Health Centre, she delivered the baby by the roadside.