Suo Motu Cognizance

T he Commission took suo motu cognizance in 7 cases of alleged human rights violations reported by media during November, 2017 and issued notices to the concerned authorities for reports. Summaries of some of the cases are as follows:
Sexual assault on a school going girl
(Case No. 2213/13/15/2017-WC)
The media reported about a 15 year old girl, who had been expelled from the school in district Latur, Maharashtra as she had approached the police for a complaint against an army personnel for raping her on the pretext of marriage. The school authorities took this step apprehending dent to its reputation due to this incident. Reportedly, the local police also harassed the victim and her family demanding Rs. 50,000/- to get the FIR registered in the case, which was, eventually, registered only after they approached the Superintendent of Police.
The Commission has issued a notice to the Chief Secretary, Director General of Police, Maharashtra and the Collector & District Magistrate, Latur calling for factual reports. The Commission has asked the Union Defence Secretary to inform about the departmental action taken against the guilty army official.
Killings in encounters by police
(Case No. 35194/24/0/2017)
The media reported about the Government of Uttar Pradesh, allegedly, endorsing killings in encounters by police in order to improve law and order situation in the State. According to the reported official statistics on the 5th October, 2017, 433 such encounters had occurred over a period of six months starting from March, 2017. A total 19 alleged criminals were killed in these encounters and 89 injured. Another news story of the 16th September, 2017 says that 15 persons had been killed in encounters since the new government came to power in Uttar Pradesh. The Commission has issued a notice to the Chief Secretary, Government of Uttar Pradesh, calling for a detailed report in the matter.
The State government has, reportedly, described the encounters as an achievement and a proof of improvement in the law and order situation. The Chief Minister was quoted, in a newspaper on the 19th November, 2017, saying that "Criminals will be jailed or killed in encounters".
The Commission has also observed that even if the law and order situation is grave, the State cannot resort to such mechanism, which may result into abuse of power by the public servants. It is not good for a civilized society to develop an atmosphere of fear, emerging out of certain policies adopted by the State, which may result into violation of rights to life and equality before law.
Harassment in the name of verification of nationality
(Case No. 257/3/24/2017)
The media reported on the 31st October, 2017 about the harassment by police in the name of verification of the nationality of the people in Assam. Reportedly, due to the illegal immigration from Bangladesh to Assam, the people belonging to Bengali origin are under scanner. The Assam Government has set up Foreigners' Tribunals to deal with the doubtful cases. The Commission has issued a notice to the Chief Secretary, Government of Assam calling for a report.
The Commission has observed that the steps taken to identify the suspect cases of illegal immigration and setting up of Foreigners' Tribunals is a policy perspective of the government, and it would not like to intervene into that aspect but the allegations that in the name of verification, the poor people are being subjected to harassment and humiliation is a matter of concern, as it amounts to violation of their rights to equality and dignity.
As mentioned in the report, there were about 89,395 people as illegal immigrants in Assam till August, 2017 and more than 2,000 people were languishing in the detention centers, across the State, who were being subjected to discrimination.
Beaten to death in police custody; body also burnt
(Case No. 2078/13/26/2017-AD)
The media reported that on the 6th November, 2017, the police personnel beat to death a young man in custody at the Sangli city police station in Maharashtra, and later burnt his body in order to destroy the evidence. The Commission has issued a notice to the Director General of Police, DGP Maharashtra, calling for a report. He is also expected to clarify, why the police failed to inform the Commission about this custodial death despite the standing guidelines to report such incidents within 24 hours.
Blast in the NTPC's Unchahar plant
(Case No. 33224/24/61/2017)
The media reported about the death of 20 people and injury to 100 others in a blast at the National Thermal Power Corporation (NTPC)'s Unchahar plant in Rae Bareli district of Uttar Pradesh on the 1st November, 2017. The Commission has issued a notice to the Government of Uttar Pradesh, through its Chief Secretary, calling for a detailed report.
Expressing its concern over the incident, the Commission has observed that a high level probe into the matter is immediately required to ascertain the negligence and errors, if any, behind the incident, which involved the violation of right to life. It has also said that there is a need to ensure that such tragedies do not recur in future.
The State Government has been directed to look into the matter and take utmost care to see that the families of the deceased are suitably compensated by way of monetary relief, without any delay. It has been asked to ensure that the best treatment is provided to the injured persons and steps are taken for their rehabilitation.
Hardships in purchasing ration
(Case No. 533/33/3/2017)
The media reported that the residents of Barekakled village in Dantewada district have to travel 110 kms to and fro to the Block Headquarters, passing a difficult terrain, for purchasing commodities worth Rs. 100/- from a ration shop. The residents of Sandra village panchayat also have to face the same hardships, as they too don't have a ration shop in the village.
The Commission has issued a notice to the Government of Chhattisgarh, through its Chief Secretary, calling for a report. The Commission also expects from the Chief Secretary to find out, if there are other areas in the State, where the people are facing such difficulties. The Commission has observed that the State is duty bound to ensure the rights to life and food to its citizens.
Life threatening high level pollution in Delhi-NCR
(Case No. 5060/30/0/2017)
In a series of media reports, serious concerns were raised on the life threatening high pollution in Delhi-National Capital Region (NCR). The NHRC has observed that it is apparent that the concerned authorities have not taken proper steps throughout the year to tackle this hazard, which is amounting to violation of the rights to life and health of the residents in the region. Accordingly, it has issued notices to the Secretaries of Union Ministry of Environment, Forest and Climate Change, Ministry of Health and Family Welfare and Ministry of Highways and Road Transport along with the Chief Secretaries of the Governments of NCT of Delhi, Punjab and Haryana. The Secretary, Ministry of Health and Family Welfare is expected to give details about the preparedness of the government hospitals and other agencies to attend to the people affected by pollution and steps taken to create awareness in this regard.