 Case No.- 405/34/4/2020 |
| 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 : 26/07/2022 |
| To, |
| Sir/Madam, |
| The complaint/intimation dated 28/04/2020, received from ONKAR VISHWAKARMA HUMAN RIGHT ACTIVIST in respect of FUKWA DEVI, was placed before the Commission on 26/07/2022. Upon perusing the same, the Commission directed as follows: |
| The Commission received a complaint from Onkar Vishwakarma, Human Rights Activist r/o Domchanch, Koderma, Jharkhand alleging that police beat a minor 12-year-old girl Reshma D/o Rajan Hari r/o Brite Kusunda, PS. Dhansar, Dhanbad, Jharkhand during lockdown. The girl committed suicide in her house due to depression. Pursuant to the directions of the Commission, SSP Dhanbad vide communication dated 03.10.2020 submitted the enquiry report of DSP(Law & Order) wherein it has been stated that police found crowd near a general store during lockdown on 19.04.2020. On the direction of the Police Inspector, police officials used force to disperse the crowd. Police also used force against the victim girl thinking her a boy because she was looking like a boy. She was in depression after this incident and committed suicide on 20.04.2020. Police registered a UD Case No. 07/20 at PS. Dhansar. Matter is under Investigation. SP City, Dhanbad enquired into the matter and recommended departmental action against Bhikari Ram, Police Inspector cum SHO of PS. Dhansar, then SSP Dhanbad transferred him from Dhansar Police Station to Police Centre, Dhanbad. Vide proceedings dated 09.12.2020 the Commission considered the material placed on record and directed as under: "The Commission has considered the material placed on the record. Police used force on the people when they were on the general store during lockdown while police could have made them understand about the lockdown in a proper way. They also used force against the minor girl which compelled the girl to commit suicide. It is clearly abuse of power by the police which caused serious violation of human rights of the victim. Police simply registered the UD Case in the matter and did not register the FIR u/s 154 CR.P.C under relevant provisions against the guilty police officials for compelling the girl to commit suicide. In these circumstances, let a notice u/s 18 of the PHR Act, 1993 be issued to the Govt. of Jharkhand through its Chief Secretary requiring it to show cause why an amount of Rs. 1,00,000/-(Rupees One Lakh only) as compensation be not recommended to be paid to the NoK of the deceased girl for violation of her human rights. The Chief Secretary, Govt. of Jharkhand shall respond to the show cause notice within eight weeks. In addition, SSP Dhanbad, Jharkhand is directed to take stern legal action under relevant provisions of law against guilt police officials. He is also directed to inform the outcome of departmental proceedings against erring police inspector Bhikari Ram. Response within eight weeks." Vide proceedings dated 17.05.2021 Commission directed as under: "The Commission has considered the material placed on record. From the perusal of records, it reveals that during lockdown police beaten up the girl which led her into depression and committed suicide on 20.04.2020. Police registered a UD Case No. 07/20 at PS. Dhansar. Matter is under Investigation. SP City, Dhanbad enquired into the matter and recommended departmental action against Bhikari Ram, Police Inspector cum SHO of PS. Dhansar. The Commission issued show cause notice, however, the Commission has not received any reply or response from the concerned authority to the show cause notice which leads to the Commission that the Chief Secretary, Govt. of Jharkhand has nothing to urge upon the Commission on the show cause notice recommending therein a compensation of Rs. 1,00,000/- to the NoK of the deceased victim. Therefore, the Commission confirms its show cause notice and directs to the Chief Secretary, Govt. of Jharkhand to release payment of Rs. 1,00,000/- to NoK of deceased victim within four weeks and submit compliance report alongwith proof of payment to the Commission within four weeks. In addition to above, the Director General of Police, Jharkhand is directed to take stern legal action under relevant provisions of law against guilty police officials including Bhikari Ram, Police Inspector cum then SHO of PS. Dhansar and inform the outcome of departmental proceedings within four weeks." Pursuant to the further directions of the Commission, Joint Secretary, Home, Prisons and Disaster Management Department, Govt. of Jharkhand vide communication dated 26.08.2021 submitted the report of IGP (Human Rights), Jharkhand, Ranchi wherein it has been requested to stay the decision of payment of compensation till the completion of departmental proceedings against erring police officer and receiving of final report in UD Case. Vide proceedings dated 01.02.2022 Commission directed as under: “The Commission has considered the matter. Use of force by the police is admitted fact which led the girl to commit suicide. Police could not tackle the situation properly. It has completed more than 21months from the date of incident but no stern legal action has been taken against the erring police officials till date. Govt. cannot delay the payment of compensation in the name of pending enquiry. Chief Secretary, Govt. of Jharkhand is again directed to release payment of Rs. 1,00,000/- to NoK of deceased victim and submit compliance report alongwith proof of payment to the Commission within four weeks. In addition to above, the Director General of Police, Jharkhand is directed to take stern legal action under relevant provisions of law against guilty police officials including Bhikari Ram, Police Inspector cum then SHO of PS. Dhansar and inform the outcome of departmental proceedings within four weeks.” Pursuant to the directions above, several reports have been received. The report dtd. 16.03.2022 send by the IGP (HR), Jharkhand, Ranchi states that, the SSP, Dhanbad has informed that, in UD case no -07/2020, the accused PI-cum SHO named Bhikhari Ram, has been found guilty and after the conduct of DE, he has been awarded the punishment of “kalaank” registered vide order no 2917/21 dtd 15.12.2021. Another report, in the form of copy of letter dtd. 26.05.2022, send by the Jt. Secretary, Home, Prisons and Disaster Mgmt., Govt of Jharkhand, Ranchi, to the Accountant General, Jharkhand, specifies that, the government has accepted the proposal of payment of monetary compensation to the NOK of the deceased victim and has decided that the said amount of Rs. 1,00,000/- shall be disbursed by the DC/DM, Dhanbad, Jharkhand from the district treasury, Dhanbad. The Commission takes the reports on record. The police department has taken the departmental action against the delinquent SHO in the matter and the requisite order for payment of monetary compensation to the NOK of the deceased victim girl Reshma Kumari D/o Rajan, Dhansar, Dhanbad, has been issued and is pending for disposal at the ends of DC/DM, Dhanbad, Jharkhand. Let directions be issued to the DC/DM, Dhanbad, Jharkhand to expedite the release of the monetary compensation of Rs. 1,00,000/- to the NOK of the deceased victim, and send compliance report along with the proof of payment within 04 weeks. The registry is also directed to send a copy of the letter (File no. 88658/CR/2022) to the DC/DM, Dhanbad, Jharkhand, for his ready reference and compliance. The case is closed with aforesaid direction. In case compliance is not reported let case be listed for compliance after 8 weeks. |
| 2. Accordingly, you are directed to take further necessary action at your end as per the directions of the Commission. |
Yours faithfully Sd/- K.K. Shrivastava DEPUTY REGISTRAR (LAW) M-5 Section Ph. No. 011-24663291 Email. ar5.nhrc@nic.in |
| CC to |
Complainant Details: |
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