NHRC find faults with the professionalism of UP Police again: Summons SP, Balrampur for illegal proceedings in a case of love marriage and inaction in sexual assault of the girl by a policeman at a police station (16.09.2016)

PRESS RELEASE



New Delhi, 16th September, 2016

The National Human Rights Commission, in yet another case, has found how the lack of professionalism on part of the Uttar Pradesh Police resulted in human rights violation of a newlywed couple in district Balrampur. Even after the orders of a Court, it did not close a case of love marriage but added section 376 of Indian Penal Code, IPC to it and arrested the boy and his father violating all norms. The Court had found both the boy and the girl of major age and allowed the girl to live with her husband.

Not only this, in response to the notices of the Commission, the Superintendent of Police, Balrampur, failed to give a clear chain of incidents having unity of time, action and place involving the couple's marriage and action taken on another FIR registered by the girl, alleging sexual assault by a Sub Inspector, when she along with her husband was detained at a police station from the 12th - 13th August, 2014 following a complaint by her father.


These findings came to the knowledge of the Commission during the course of an inquiry in a case registered by it in the year 2014 on the basis of a complaint by a human rights activist alleging human rights violation of a newlywed couple.

Taking a serious exception to the functioning of the police, the Commission has now asked the S.P., Balrampur to appear in person before the Commission on the 27th September, 2016 along with the Investigating Officer of the case. They have been asked to present complete files pertaining to the case crime No. 348/14 under section 363/366A/376 of IPC and section 18 of POCSO Act as well as case crime no. 432/2014 u/s 376 (2)/506 IPC registered at Police Station Laliya, Balrampur.

The S.P., Balrampur has also been directed to come with the explanation that when the victim in her statement u/s 164 Cr.P.C. had stated that she was 20 years of age (and her medical examination indicated that she was 19 years of age), and that she had gone with the young man of her own will and had married him, then how the section 376 was added to the case at case crime No. 348/14 P.S. Laliya and her husband and his father were arrested in the said case.
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