| Case No.- 763/34/5/2020 |
| NATIONAL HUMAN RIGHTS COMMISSION |
| (LAW DIVISION) |
| * * * |
| MANAV ADHIKAR BHAWAN, BLOCK-C, |
| G.P.O. COMPLEX, INA, NEW DELHI- 110023 |
| Fax No.: 011-24651332 Website: www.nhrc.nic.in |
| Date : 10/02/2022 |
| To, |
| THE CHIEF SECRETARY Government of Jharkhand, 1st Floor, Project Building, Dhurwa, Ranchi, Jharkhand RANCHI JHARKHAND 834004 Email- cs-jharkhand@nic.in |
| Sub : Complaint/Intimation from |
ONKAR VISHWAKARMA HUMAN RIGHT ACTIVIST |
| Subject: Additional Information Called for(AIC) -763/34/5/2020. |
| Sir/Madam, |
| I am directed to say that the matter was considered by the Commission on 10/02/2022 and the Commission has directed as follows.: |
| The present matter pertains to the complaint regarding death of a young woman due to electrocution on account of coming in contact with high tension wire. In continuation of earlier proceedings vide proceedings dated 26.10.2021 this Commission has observed/directed as under:- “The present matter pertains to the complaint regarding death of a young woman due to electrocution on account of coming in contact with high tension wire. In continuation of earlier proceedings vide proceedings dated 23.08.2021 this Commission has observed/directed as under:- "The present matter pertains to the complaint regarding death of a young woman due to electrocution on account of coming in contact with high tension wire. While considering the matter on 12.4.2021, inquiry report dated 03-11-2020 of the Inspector Electricity forwarded by the Department of Energy, State of Jharkhand vide a communication dated 13-11-2020 was taken into account. The report revealed that accident occurred due to illegal and unauthorized supply line having been extracted and the victim coming into contact with the live power line. The report of the inspector opined that (i) automatic tripping device should have been in place to ensure auto-disconnection of the power whenever contacted with the earth, (ii) information should have been given in the office of inspector (Power) within 12 hours on telephone or within 24 hours in other cases as per regulation 44A of the Indian Electricity Regulation, and (iii) since the death of the victim occurred due to electrocution, the Jharkhand Electricity Board should award reasonable compensation to the next of kin of the victim. In consideration of the said report and observing that proper safety measures were not in place as per the law, which display negligence on the part of state, the Commission directed to issue show cause notice to the Chief Secretary, State of Jharkhand, returnable within six weeks, as to why compensation of a sum of Rs. 3,50,000/- (Rs.Three Lakhs Fifty Thousand only) may not be recommended, payable to the next of kin of the deceased. In case of non receipt of reply within stipulated time, the Commission shall presume that the State Government has no objection in grant of said compensation and the matter will be taken up accordingly. The Commission observes that despite direction and subsequent reminder, the State has failed to submit its reply to show cause notice till date which raises valid presumption that the State has no objection to the recommendation of the Commission, made u/s 18 of the PHR Act, 1993 ,for payment of monetary compensation of Rs. 3,50,000/- (Rs.Three Lakhs Fifty Thousand only) payable to the next of kin of the deceased. In view of the same, the recommendation as stated herein above , stands confirmed and the Commission directs the Chief Secretary, Govt. of Jharkhand to submit compliance report along with proof of payment of Rs. 3,50,000/- (Rs.Three Lakhs Fifty Thousand only) to the next of kin of the deceased within six weeks positively." Thus this Commission has confirmed its recommendation qua the payment of compensation of Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand only) to the NOK of the deceased and called for a compliance report from Chief Secretary, Govt. of Jharkhand. Pursuant to same reports dated 24.08.2021 of Joint Secretary, Govt. of Jharkhand, Home Department as well as Under Secretary dated 15.09.2021 are received. However these are mere internal communications. In view of same, registry is directed to issue fresh reminder to Chief Secretary, Govt. of Jharkhand to submit the requisite compliance report in terms of above referred proceedings within eight weeks positively.” Thus compliance report was sought qua the payment of compensation of Rs.3,50,000/- to the NOKs of the deceased. Pursuant to same an old report dated 21.09.2021 is received from Joint Secretary, Jharkhand Administration asking Principal Secretary, Power Department to take action in the matter. Another report dated 07.01.2021 is received from the Under Secretary, Power Department, Government of Jharkhand. As per same a compensation of Rs.2,00,000/- only has been paid to the NOKs of the deceased. It is pertinent to observe here that vide proceedings dated 23.08.2021 this Commission has recommended payment of compensation of Rs.3,50,000/- to the NOKs of the deceased whereas present report is qua the payment of compensation of Rs.2,00,000/- only. In view of same, registry is directed to issue fresh reminder to the Chief Secretary, Government of Jharkhand to submit the proper compliance report in terms of above referred proceedings within six weeks. |
| 2. It is therefore, requested that the additional/complete report as directed by the Commission in the matter be sent latest by 03/04/2022, for futher consideration by the Commission. |
| 3. Any communication by public authorities in this matter may please be sent to the Commission through the HRCNet Portal (https://hrcnet.nic.in) by using id and password already provided to the public authorities (click Authority Login), or through Speed Post/ at email-id cr.nhrc@nic.in. Any Audio/ Video CDs/ pen drives etc. and bulky reports may be sent through Speed Post/ per bearer. |
Your’s faithfully Sd/- Debindra Kundraa ASSISTANT REGISTRAR (LAW) M-4 Section Ph. No. 011-24663290 Email. ar4.nhrc@nic.in |
| CC to |
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