NHRC directs compensation for victim of army atrocity

The National Human Rights Commission has directed the Cabinet Secretariat to pay Rs. 30,000/- as `immediate interim relief’ u/s 18(3) of the Protection of Human Rights Act, 1993 to a victim of harassment and atrocities committed by army personnel.

The Commission had received a complaint from Peoples Union for Civil Liberties alleging that one Savitri Devi living in Chakrata near Dehradun had been subjected to harassment by army personnel. They had entered her house, destroyed household goods and misbehaved with her. They forcibly made her vacate the house and stay on the roads with her children during winter. She was also threatened that she will be killed if she disobeyed their orders. Her husband also suffered a heart-attach because of the shock.

The Commission issued a notice to the Secretary, Ministry of Defence, Government of India and to the State Government of Uttar Pradesh. Response was received from SSP, Dehradun who had reported that upon investigation, the allegations found to be true. His report also questioned the conduct of senior officials and observed that the army personnel had been harassing the public of Chakrata. The civil police was not empowered to take any action against them.

Since the facts of the case did make out a strong prima-facie case of violation of human rights, the Commission had issued a show-cause notice to the Ministry of Defence as to why an amount of Rs. 30,000/- be not awarded as immediate interim relief to the victim Smt. Savitri Devi. The Ministry of Defence had informed the Commission that the matter related to SFF personnel, which was under the purview of the Cabinet Secretariat, and hence a notice was issued to the Cabinet Secretariat which said that they hade no objection to the payment of compensation proposed by NHRC as the compensation amount was not large. The Secretariat also informed the Commission that the officers alleged guilty in this case, had since been reverted back to the Indian Army, they would direct the Ministry of Defence to initiate departmental proceedings against the delinquent officials and take appropriate disciplinary action if the charges were established.

The Commission thus, on 28 March 2001, has directed the Cabinet Secretariat that the compensation amount be paid to the victim by 30 May 2001.