| Case No.- 1146/34/11/2019-cl |
| 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 : 27/10/2022 |
| To, |
| THE CHIEF SECRETARY GOVERNMENT OF JHARKHAND 1st Floor, Project Building, Dhurwa, Ranchi RANCHI JHARKHAND 834004 Email- cs-jharkhand@nic.in THE DEPUTY COMMISSIONER Office Deputy Commissioner, Hazaribagh, Jharkhand HAZARIBAGH JHARKHAND Email- dc-haz@nic.in |
| Sub : Complaint/Intimation from |
ONKAR VISHWAKARMA |
| Subject: Additional Information Called for -1146/34/11/2019-cl. |
| Sir/Madam, |
| I am directed to say that the matter was considered by the Commission on 27/10/2022 and the Commission has directed as follows.: |
| These proceedings shall be read in continuation of the earlier proceedings of the Commission. |
| 2. It is therefore, requested that the additional/complete report as directed by the Commission in the matter be sent latest by 18/12/2022, 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/- K.K. Shrivastava DEPUTY REGISTRAR (LAW) M-5 Section Ph. No. 011-24663291 Email. ar5.nhrc@nic.in |
| CC to |
K.K. Shrivastava DEPUTY REGISTRAR (LAW) M-5 Section Ph. No. 011-24663291 Email. ar5.nhrc@nic.in |
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Case No.: 1146/34/11/2019-cl
Action Name: Closure of case with direction to the authority(CDW)
Action Date: 14/07/2022
Action Due Date: 14/07/2022
The Complainant Omkar Vishwakarma R/o Shaheed Chowk Domchanch, Koderma, Jharkhand alleges that a Block Development Officer kept a girl child at his home and forced to work as bonded labourer. The officer and his wife made false accusation of theft against the victim and assaulted her. Later when the conditions of the victim deteriorated, the BDO thrown her on the road. Matter was reported in the newspaper. The complainant seeks intervention of the Commission for investigation of the matter.
Vide proceedings dated 18.06.2021 the Commission directed as under:
"The Commission has considered the report dated 08.04.2021 of Superintendent of Police, Hazaribagh and enclosed report which reveals that case has been found true against the accused and compensation should be released in favour of victim child. Therefore, the Commission confirms its recommendation and directs to the Chief Secretary, Govt. of Jharkhand to release compensation of Rs. 1,00,000/- (Rs. One Lakh Only) to the victim Priti aged 12 years r/o Villages Talswar, Block Badkagavan, Hazaribagh Dist. within 6 weeks. The Chief Secretary, Govt. of Jharkhand is further reminded to submit the departmental action taken report against the accused Rakesh Kumar as per Services Rules and Regulation as the offence found true in Magisterial Enquiry. Further the Commission has not received the requisite report from DGP, Jharkhand. Therefore, let reminder be issued to the Director General of Police, Jharkhand to submit up-to-date investigation report and reasons for non filing of chargesheet in FIR 339/19 dated 01.10.2019 u/s 341/323/324/326/34 IPC r/w 14(1) of Child Labour (Prohibition and Regulation) Act PS, Sadar, Hazaribagh for more than two year specially when the offence found true in Magisterial Enquiry in the year of 2019 itself and same has been reflected in the report of Superintendent of Police, Hazaribagh…."
Pursuant to the direction of the Commission and reminders dated 20.09.2021/ and 29.12.2021, the Inspector General of Police (HR), Jharkhand vide communication dated 01.02.2022 submitted that the chargesheet no. 226/2021 dated 30.10.2021 has been submitted in the court. Further, departmental action no. 56/2021 is being conducted against IO of FIR No. 339/2019 dated 01.10.2019 PS Hazaribagh Sadar for lapses during investigation.
Further, the Commission also received a copy of communication dated 25.01.2022 from the Dy. Commissioner of Hazaribagh and communication dated 08.02.2022 from the Jt. Secretary, Home, Prison and Disaster Management Dept, Govt. of Jharkhand addressed to the Dy. Commissioner of Hazaribagh requesting therein to send the details of victim including bank details.
The Commission vide proceedings dated 23.3.2022, observed and directed as under : -
"The Commission has considered the material placed on record and it is informed to the Commission that chargesheet no. 226/2021 dated 30.10.2021 has been filed in court in FIR No. 339/2019 and case is pending before court. Further, report reveals that payment of monetary relief yet to be paid to the victim. Therefore, let reminder be issued to the Chief Secretary, Govt. of Jharkhand to make payment of monetary relief of Rs. 1,00,000/- and submit the compliance report of payment alongwith proof of payment within six weeks."
Pursuant to the directions issued by the Commission dated 23.3.2022, a letter has been received from the Principal Secretary to the Govt. of Jharkhand, Ranchi, Department of Home, Prison and Disaster Management addressed to the Accountant General, Jharkhand, Doranda, Ranchi. The report reveals that compensatory amount of Rs. 1,00,000/- has been granted by the authority to be paid to the victim.
Thus, after perusal of the report it is clear that the compensation has been granted yet not paid to the victim. Therefore, let a direction be issued to the Chief Secretary, Govt. of Jharkhand to make payment of monetary relief of Rs. 1,00,000/- and submit the compliance report of payment alongwith proof of payment within 8 weeks. With this direction, the case is closed. In case of non-compliance of the payment of compensatory amount to the victim and non-submission of proof of payment, the case may be relisted on 12.9.2022 for compliance.
Case No.: 1146/34/11/2019-cl
Action Name: Relief granted [Compensation, Disciplinary & Prosecution](CMP)
Action Date: 18/06/2021
Action Due Date: 26/07/2021
The Complainant Omkar Vishwakarma R/o Shaheed Chowk Domchanch, Koderma, Jharkhand alleges that a Block Development Officer kept a girl child at his home and forced to work as bonded labourer. The officer and his wife made false accusation of theft against the victim and assaulted her. Later when the conditions of the victim deteriorated, the BDO thrown her on the road. Matter was reported in the newspaper. The complainant seeks intervention of the Commission for investigation of the matter.
Pursuant to the direction of the Commission, the Superintendent of Police, Hazaribagh vide communication dated 06.01.2020 forwarded the enquiry report of SDPO, Badkagaon. It is submitted in the report that in this regard a case vide FIR 339/19 dated 01.10.2019 u/s 341/323/324/326/34 IPC r/w 14(1) of Child Labour (Prohibition and Regulation) Act was registered. In investigation it was found that the crime was committed by the BDO and his wife. Arrest Warrant has been issued against both of them by the Chief Judicial Magistrate, Hazaribagh. Case is under investigation.
Vide proceedings dated 13.01.2021 the Commission directed as under:
The Commission has considered the material placed on record. The allegations against the accused. The accused alongwith his wife not only employed the minor girl aged 12 years but also assaulted very badly and when her condition deteriorated, thrown her on road. The report dated 07.11.2019 of Sub Divisional Police Officer, Badkagaon, Hazarbagh reveals that in Magisterial Enquiry the offence was found true against both accused i.e. Block Development Officer and his wife. The accused is a Block Development Officer of the area in Hazaribagh District and most responsible officer of the block. He is entrusted for the proper and successful execution of various development works including community development programme. He is the one who is responsible of execution of schemes relating to education and development of children. In this case, the accused being a Block Development Officer misused his position and had bonded child labour at his home, exploited and assaulted her very badly which violates the human rights of child victim for which the State Govt. is vicarious liable. Therefore, the Commission issues Show Cause notice u/s 18 of the PHR Act, 1993 to the Govt. of Jharkhand through its Chief Secretary, as to why Commission should not recommend a compensation of Rs. 1,00,000/- (Rs. One Lakh Only) to the victim Priti aged 12 years r/o Villages Talswar, Block Badkagavan, Hazaribagh Dist. within 6 weeks. It is also directed to the Chief Secretary, Govt. of Jharkhand to submit the departmental action taken report against the accused Rakesh Kumar as per Services Rules and Regulation as the offence found true in Magisterial Enquiry.
In addition, the Director General of Police, Jharkhand is directed to submit up-to-date investigation report alongwith investigation papers/entries in the FIR 339/19 dated 01.10.2019 u/s 341/323/324/326/34 IPC r/w 14(1) of Child Labour (Prohibition and Regulation) Act PS, Sadar, Hazaribagh. Further the Director General of Police, Jharkhand is also directed to take action against the erring officials who are entrusted with the investigation of the case for helding up the investigation of the case for more than a year specially when the offence found true in Magisterial Enquiry in the year of 2019 itself.
Further the District Magistrate, Hazaribagh, Jharkhand is directed to submit the compliances report under 14B and 14C of the Child Labour (Prohibition and Regulation) Amendment Act, 2016 regarding rehabilitation of child and deposit of fund etc. in favour of child.
In response, the Commission received a copy of communication dated 08.04.2021 from the Superintendent of Police, Hazaribagh addressed to the Jt. Secretary, Home, Govt. of Jharkhand forwarding thereby the enquiry report regarding sanctioning of payment as recommended by the Commission. It is submitted in the report that case has been found true against the accused and compensation should be released in favour of victim child.
The Commission has considered the report dated 08.04.2021 of Superintendent of Police, Hazaribagh and enclosed report which reveals that case has been found true against the accused and compensation should be released in favour of victim child. Therefore, the Commission confirms its recommendation and directs to the Chief Secretary, Govt. of Jharkhand to release compensation of Rs. 1,00,000/- (Rs. One Lakh Only) to the victim Priti aged 12 years r/o Villages Talswar, Block Badkagavan, Hazaribagh Dist. within 6 weeks. The Chief Secretary, Govt. of Jharkhand is further reminded to submit the departmental action taken report against the accused Rakesh Kumar as per Services Rules and Regulation as the offence found true in Magisterial Enquiry.
Further the Commission has not received the requisite report from DGP, Jharkhand. Therefore, let reminder be issued to the Director General of Police, Jharkhand to submit up-to-date investigation report and reasons for non filing of chargesheet in FIR 339/19 dated 01.10.2019 u/s 341/323/324/326/34 IPC r/w 14(1) of Child Labour (Prohibition and Regulation) Act PS, Sadar, Hazaribagh for more than two year specially when the offence found true in Magisterial Enquiry in the year of 2019 itself and same has been reflected in the report of Superintendent of Police, Hazaribagh. The Director General of Police, Jharkhand is further reminded to take action against the erring officials who are entrusted with the investigation of the case for holding up the investigation of the case. Compliance report to be submitted within four weeks falling which the Commission shall be constrained to invoke section 13 of Protection of Human Rights Act, 1993 regarding personal appearance of Director General of Police, Jharkhand before the Commission.
Further the Dy. Commissioner, Hazaribagh, Jharkhand is reminded to submit the compliances report under 14B and 14C of the Child Labour (Prohibition and Regulation) Amendment Act, 2016 regarding rehabilitation of child and deposit of fund etc. in favour of child. Response within four weeks falling which the Commission shall be constrained to invoke section 13 of PHRA against Dy. Commissioner, Hazaribagh.
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