NHRC Ar en 2015-2016 27022019 PDF

ANNUAL REPORT
2015-2016
National Human Rights Commission

India
National Human Right Commission
CONTENTS
CHAPTER 1 INTRODUCTION 1
CHAPTER 2 HIGHLIGHTS 5
CHAPTER 3 NHRC : ORGANIZATION AND FUNCTIONS 27
CHAPTER 4 CIVIL AND POLITICAL RIGHTS 35
A. Terrorism and Militancy 37
B. Custodial Violence and Torture 38
C. Important Illustrative Cases 39
a) Custodial Deaths 39
Judicial Custody 39
1. Death of Undertrial Ram Avtar Baitha in Central Jail, Siwan, 39
Bihar
Case No.1679/4/37/2012-JCD)
2. Death of Undertrial in Central Jail, Tihar, New Delhi 40
(Case No.764/30/9/2012-JCD)
Police Custody 43
3. Death of Devu Sattababu in Puducherry Police Custody 43
(Case No.56/32/4/2011-PCD)
Annual Report - 2015-2016

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4. Death of Dineshwar Prasad Yadav in Central Jail, Dumka, 44

Jharkhand due to Negligence by Prison Authorities
(Case No. 164/34/5/2013)
b) Unlawful, Arrest, Illegal Detention and Torture 47
5. Illegal Detention and Torture of Vijay Singh and His Nephew 47
Jitendra Singh of Village Mdhaka by Constables of P.S. Cantt.
Agra, Uttar Pradesh
(Case No.18400/24/1/2013)
6. Illegal Detention of Maujvir Singh by Police at Nai Mandi, 49
Muzaffarnagar, Uttar Pradesh
(Case No. 15083/24/54/2013)
c) Police High-handedness 51
7. Harassment to Arif by Police at P.S. Janakpuri, Saharanpur, 51
Uttar Pradesh
(Case No. 18702/24/64/2012)
8. Non-registration of Case by Police Relating to a Vehicular 52
Accident at SBS Nagar District Police, Punjab
(Case No. 250/19/0/2014)
9. A 19 Year Old Suspect and Three Other 17 Year Old Juveniles 52
Forced to Have Unnatural Sex with Each Other in Police
Custody in Chennai, Tamil Nadu
(Case No. 134/22/13/2015)
10. A Journalist Mercilessly Beaten-up by Police near Village 53
Barara and Then Brought to Police Station Barara in Ambala,
Haryana
(Case No. 6029/7/1/2012)

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11. A Fourteen Year Old Accused of Theft Loses Eye Sight due to 54
Alleged Police Torture in Virudhunagar District, Tamil Nadu
(Case No. 2861/22/45/2012)
12. A Boy Allegedly Beaten Brutally and Later Shot Dead by Police 57
in Mathura, Uttar Pradesh
(Case No. 10704/24/52/2013)
13. Violation of Human Rights of a Person Implicated in a False 59
Case by Police
(Case No. 4499/4/3/2014)
d) Police Firing and Encounter 62
14. Death of 20 Red Sanders Smugglers in an Alleged Encounter 62
with Joint Team of Special Police and Forest Personnel in
Seshachalam Forests of Chittoor District, Andhra Pradesh
(Case No.475/1/3/2015-AFE)
15. Killing of Sixteen Year Boy in Fake Encounter by BSF Jawan in 69
Srinagar, Jammu & Kashmir
(Case No. 35/9/13/2010-PF)
16. Death of Six Persons in Police Firing during Communal Clashes 73
Between Muslims and Christians at Cheriyathura Junction in
Kerala
(Case No.115/11/12/2010)
e) Electrocution Cases 76
17. Death of Youth due to Negligence of Electricity Department of 76
Government of Uttar Pradesh
(Case No.26993/24/13/2014)

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18. Death of a Poor Farmer due to Negligence of Electricity 78

Department in Bhadrak District, Odisha
(Case No. 1179/18/18/2014)
19. Death of Pavement Dweller due to Electrocution in Royapettah, 79
Chennai, Tamil Nadu
(Case No. 3175/22/13/2012)
20. Death of Class-IV Girl Student in School Hostel due to 81
Electrocution in Malkangiri, Odisha
(Case No. 3072/18/29/2014)
f) Pollution and Environment Cases 83
21. Severe Water Pollution due to Encroachment of Land Along 83
Mandakini River Bed in Chitrakoot District, Uttar Pradesh
(Case No. 8488/24/20/2016)
22. Air Pollution Caused by Cement Godowns at Jyoti Nagar, Delhi 84
(Case No.708/30/2/2016)
g) Other Important Cases 85
23. Death of a Para Military Official at his Work Place due to 85
Medical Negligence
(Case No. 12025/24/69/2014)
24. Alleged Corruption and Usage of Abusive Language by Block 86
Education Officers of Khalilabad District, Uttar Pradesh
(Case No.15666/24/65/2014)
25. Acid Attack on Jagdish Chander in Pilibhit, Uttar Pradesh 88
(Case No.20006/24/60/2015)
D. Conditions in Prisons 88
a) Visit to Jails 88
b) Analysis of Prison Population 90

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E. Prison Reforms 92
a) Constitution of Expert Committee in NHRC for 91
Amendment to Prison Act, 1894
F. Pilot Study on Undertrials in Uttar Pradesh 92
CHAPTER 5 REACHING OUT 93
A. Commission Meeting 93
B. NHRC Camp Sittings and Open Hearings 94
C. Statutory Full Commission Meeting 95
D. Special Rapporteurs 97
E. Core and Expert Groups 98
CHAPTER 6 RIGHT TO HEALTH 101
A. Silicosis 104
B. NHRC Acting Chairperson Attends a Function on Occupational 105
Health
C. NHRC Western Region Public Hearing on Right to Health Care 106
D. Illustrative Cases on Health Dealt by NHRC 108
1. Suo motu Cognizance of a News Item Reporting Delivery of 108
Stillborn Baby Done by Helpers at Government Sub-Division
Hospital, Amarpur, Tripura
(Case No.1691/23/3/2013)
2. Death of Infants due to Medical Negligence at Community 110
Health Centre, Jugsalai in Jamshedpur, Jharkhand
(Case No. 130/34/6/2014)
3. A Woman Patient Faced Trauma and Mental Agony due to 111
Wrong HIV Report Given by Sub-District Hospital, Indapur
Taluka of Pune District, Maharashtra
(Case No. 2839/13/23/2015)

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4. Right Foot of Suresh Dharamdas Naik Amputated due 112

to Negligence of Doctors in District Hospital Nandurbar,
Maharashtra
(Case No.2851/13/36/2015)
5. One-year Child Loses Finger at Government Hospital in 112
Barmer District, Rajasthan
(Case No. 791/20/4/2013)
6. Death of an Infant in District Hospital Balia, Uttar Pradesh 114
(Case No. 25612/24/10/2013)
7. Denial of Adequate Health Care Leads to Death of a Class-III 116
Student and Indisposition of Five Other Students Residing in
School Hostel in Keonjhar District, Odisha
(Case No.4724/18/7/2014)
CHAPTER 7 RIGHT TO FOOD 119
A. Meeting of NHRC Reconstituted Core Advisory Group on Right 123
to Food
B. A Study of Prevailing Right to Food Situation among BPL 129
Families in Bihar and Uttar Pradesh
C. Illustrative Case on Right to Food Dealt by NHRC 129
1. A Family of Five Persons Including Three Visually Challenged 129
on the Verge of Starvation at Chaudwar in Cuttack District,
Odisha due to Inadequate Livelihood
(Case No. 2681/18/3/2014)
2. No BPL or Antodaya Card to an Aged Woman and Her 131
Dependent Handicapped Daughter
(Case No. 4417/18/24/2014)

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CHAPTER 8 RIGHT TO EDUCATION 133

A. Research Study on Human Rights Issues Related to Right to 134
Education of Children of Migrant Labourers in Kerala
B. Illustrative Cases Related to Right to Education Dealt by NHRC 135
1. Seven Students of Baunsapal UGME School in Balasore District, 135
Odisha, Deprived from Appearing for JNV Test
(Case No. 2014.1115/18/1/2014)
2. Two Students Critically Injured When a Wooden Beam in 136
College Pada Upper Primary School of Angul in Odisha Fell
due to Poor Maintenance of School Premises
(Case No.973/18/16/2014)
3. Death due to Snake Bite at Government-run Baburam Murmu 137
Hostel, Kusumasala, Mayurbhanj District, Odisha
(Case No. 2974/18/9/2014)
4. A Student Sustains Serious Head Injuries due to Negligence in 139
Patapur Nodal Primary School, Nimapada Town, Odisha
(Case No.2350/18/12/2014)
CHAPTER 9 RIGHTS OF SCHEDULED CASTES, SCHEDULED TRIBES AND 141
OTHER VULNERABLE GROUPS
A. Research Study on Atrocities against Dalits : An Empirical 142
Study on the Performance of Special Courts in Tamil Nadu
B. Bonded Labour System 143
Workshops on Bonded Labour 143
Reconstitution of NHRC Core Group on Bonded Labour 144
C. Illustrative Cases Related to Scheduled Castes, Scheduled 144
Tribes and Other Vulnerable Groups Dealt by NHRC

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1. Illegal Detention and Torture of a Scheduled Caste Person by 144

Police Personnel of Hathras Police Station, Uttar Pradesh
(Case No. 49639/24/37/2014)
2. Death of a Tribal Girl Student for Want of Timely Health Care 146
on Part of Hostel Warden in Dhar, Madhya Pradesh
(Case No.554/12/15/2015)
3. Death of a Child due to Hanging Him Upside Down in a Pit for 147
Cleaning
(Case No. 2100/12/17/2014)
4. Excessive Force by Police on Christians Holding 149
Demonstrations to Protest Against Attacks on their Religious
Places in Dakshina Kannada District, Mangalore
(Case No.326/10/1/08-09)
5. Killings of Innocent Muslims in Hashimpura, Meerut District, 151
Uttar Pradesh
(Case No. 11623/24/54/2015)
6. Identification, Rescue, Release and Rehabilitation of Bonded 154
Labourers from a Brick Kiln Under P.S. Rohnia, Varanasi, Uttar
Pradesh
(Case No. 9344/24/72/2012)
7. Release and Rehabilitation of Bonded Labourers from a Brick 155
Kiln in Basti District, Uttar Pradesh
(Case No.25510/24/15/2011-BL; L.F. 5685/24/65/2012-
BL)

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CHAPTER 10 RIGHTS OF WOMEN AND CHILDREN 161

A. Interrogating Violence against Women from the Other Side : 162
An Exploratory Study into the World of Perpetrators
B. National Research on Human Trafficking in India 163
C. Study on Human Rights of Transgender as a Third Gender 164
D. Country Assessment/National Inquiry on Human Rights in 165
Context of Sexual and Reproductive Health and Well Being
E. Illustrative Cases Relating to Rights of Women and Children 165
Dealt by NHRC
1. Alleged Child Sex Slavery in Connivance with Police in 165
Puducherry
(Case No.67/32/0/2014-WC)
2. Seventy Year Old Man in Haryana Buys a 12 Year Girl from 167
Bihar for Marriage
(Case No.612/7/19/2010)
3. An Adolescent Raped by Rajputana Rifles Personnel at Swaraj 168
Garden in Pune, Maharashtra
(Case No.778/13/23/2010-AF)
4. A Minor Class V Girl Gives Birth to a Female Child 170
(Case No.2106/18/14/2013-WC)
5. Alleged Sexual Assault of a Visually Challenged 10-year Girl 173
Student by her Teacher and Two Students
(Case No.629/12/8/2014)
6. Twenty-five Children of Anganwadi Centre in Village Silpuri, 173
District Raisen, Madhya Pradesh Fall Sick After Consuming its
Meal
(Case No. 2695/12/33/2014)

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7. Alleged Sexual Harassment of a Girl Student by a Teacher in a 174

School in Haryana
(Case No.1438/7/15/2012)
8. Sexual Harassment of Class VI Girl Student by her 55 Years 177
Teacher in the Government Primary School in Pandavapura
Taluka, Mandya District, Karnataka
(Case No. 538/10/14/2013-WC)
9. Alleged Rape of a Tribal Class-VI Student by the Principal of a 178
Government Middle School at Kota, Rajasthan
(Case No.2664/20/21/2013-WC)
CHAPTER 11 RIGHTS OF ELDERLY PERSONS 181
A. Human Rights of Elderly Persons : Laws, Policies and 185
Implementation – A Study with Special Reference to Kerala
B. Illustrative Case Related to Rights of Elderly Persons D e a l t 186
by NHRC
1. Delay in Sanctioning of Family Pension to a Widow After Death 186
of her Husband in District Beed, Aurangabad, Maharashtra
(Case No.2500/13/21/2013)
2. Fifty Senior Citizens and Widows Denied Minimum Sustenance 189
of Life
(Case No.2479/18/7/2013)
3. Misappropriation of Social Security Pension Amount of 109 190
Beneficiaries of Ward No. 16 from Hindol Notified Area
Council, Dhenkanal
(Case No. 2041/18/4/2014)
4. Pathetic Condition of Elderly and Destitute Persons in the 192
State of Andhra Pradesh
(Case No.837/1/8/2013)

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CHAPER 12 RIGHTS OF PERSONS WITH DISABILITIES 195

A. Meeting of NHRC Core Group on Mental Health 196
B. Directions Given by Supreme Court on NHRC Petition to 203
Improve Functioning of Mental Health Care Institutions
C. National Conference on Leprosy 210
D. Meeting of State Health Secretaries on Mental Health Care 215
E. Illustrative Case Relating to Rights of Persons with Disabilities 216
Dealt by NHRC
1. Detention of a Mentally Ill Girl in Gwalior Mental Hospital by 216
the In-charge and Attendant of the Hospital
(Case No. 2450/12/18/2014)
CHAPTER 13 HUMAN RIGHTS EDUCATION, TRAINING AND AWARENESS 221
A. Training Programmes Organized by NHRC 221
B. Summer and Winter Internship Programmes 222
C. Short-term Internship Programmes and Visit to NHRC 222
D. Organization of National Seminars in Hindi on Human Rights 222
E. Observance of Hindi Fortnight at NHRC 223
F. Two-day Training Programme for Judicial Officers 223
G. Awareness Programme on Drug Abuse Prevention 224
H. NHRC – ILI Media Workshop 224
I. Development of Booklets on Different Human Rights Themes 224
J. Painting Competition for Children 225
K. NHRC Celebrates 22nd Foundation Day 225
L. Observance of Human Rights Day and Release of NHRC 226
Publications

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M. All India Inter-Central Armed Police Forces’ Debate 227

Competition 2015
N. Debate Competition in English, Hindi and Regional Languages 228
for Police
CHAPTER 14 HUMAN RIGHTS DEFENDERS 229
A. Focal Point for Human Rights Defenders in NHRC 231
B. NHRC’s Course of Action for Protection of Human Rights 232
Defenders
C. Illustrative Cases Relating to Human Rights Defenders Dealt 233
by NHRC
1. Alleged Intimidation and Harassment of Human Rights Activist 233
Kirity Roy and Other Members of Masum NGO in Serampore,
Hooghly
(Case No. 1063/25/6/2016)
2. Police Threatens a Human Rights Defender for Refusing to be 234
Police Informer about Maoist Activities
(Case No. 362/18/24/2012)
3. Human Rights Activist Threatened by Police for Advocating a 235
Case of Rape
(Case No. 20903/24/72/2011)
4. Attack on Human Rights Defender by Local Politician in Puri, 236
Odisha
(Case No. 1972/18/17/2015)

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5. Refusal of Postal Authorities to Deliver Dak of Human Rights 236

Activist
(Case No. 3021/18/12/2014)
6. Alleged Lathi Charge on Dalit Protesters and Assault on a 237
Woman Human Rights Defender at Bhubaneswar, Odisha
(Case No. 3494/18/28/2015)
D. Follow-up : Action Taken on Cases Reported in the Annual 238
Report of 2014-2015
1. Arrest of Human Rights Defenders in Kerala 238
(Case No. 74/11/8/2015)
2. Harassment of RTI Activist for Complaints Against District 238
Officials
(Case No. 12054/24/31/2014)
3. RTI Activist Commits Suicide in Pune 239
(Case No. 816/13/23/2014)
4. Human Rights of RTI Activist Violated 239
(Case No. 2280/18/27/2014)
5. Eighty Year Old Human Rights Activist Attacked 240
(Case No. 530/13/14/2015)
6. Arrest of Woman Human Rights Defender 240
(Case No. 1062/12/2/2013)
7. Illegal Arrest and Torture of Human Rights Defenders 241
(Case No. 31/14/12/2013)

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CHAPTER 15 INTERNATIONAL COOPERATION 243

A. Cooperation with the Asia Pacific Forum of National Human 244
Rights Institutions
B. Cooperation with Global Alliance of National Human Rights 245
Institutions
C. Universal Periodic Review 247
D. NHRC Participation in Other International Meetings 248
E. Interaction with Foreign Delegates in NHRC 250
CHAPTER 16 STATE HUMAN RIGHTS COMMISSIONS 253
CHAPTER 17 ADMINISTRATION AND LOGISTIC SUPPORT 257
A. Staff 257
B. Promotion of Official Language 257
C. NHRC Library 258
D. Right to Information 260
CHAPTER 18 NON-ACCEPTANCE OF NHRC RECOMMENDATIONS BY STATE 261
GOVERNMENTS
CHAPTER 19 PROBLEMS FACED BY NHRC IN ITS EFFECTIVE FUNCTIONING 263
CHAPTER 20 SUMMARY OF PRINCIPAL RECOMMENDATIONS AND 269
OBSERVATIONS

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ANNEXURES
1 Statement Showing Number of Cases Registered from 01/04/2015 to 289

31/03/2016
2 Statement Showing Disposal of Cases During 2015-2016 291
3 Statement Showing Number of Cases Pending as on 31/03/2016 293
4 Total Number of Cases Where NHRC Recommended Monetary Relief 295

During 2015-2016
5 Details of Cases Where NHRC Recommendations for Monetary Relief Made 297
During 2015-2016 are Pending for Compliance
6 Details of Cases Pending Compliance of NHRC Recommendations During 321

2014-2015 for Payment of Monetary Relief
7 Details of Cases Pending Compliance of NHRC Recommendations From 325

2008-2009 to 2013-2014 for Payment of Monetary Relief/Disciplinary
Action/ Prosecution
8 Recommendations for the State of Gujarat Emerging from Sessions on 7 335

January 2016, Regarding Systemic Issues and Cases Studies on Right to
Health Care During the Two-day Western Region Public Hearing on Right
to Health Care

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9 Recommendations for the State of Maharashtra Emerging from Sessions 339

on 7 January 2016, Regarding Systemic Issues and Cases Studies on Right
to Health Care During the Two-day Western Region Public Hearing on
Right to Health Care
10 Recommendations for the State of Rajasthan Emerging from Sessions on 344

7 January 2016, Regarding Systemic Issues and Cases Studies on Right to
Health Care During the Two-day Western Region Public Hearing on Right
to Health Care
11 NHRC Sought the Intervention of the Supreme Court on Following 13 349

Alarming Issues with the Objective of Seeking Suitable Directions for the
Central and State Governments Whereby Remedial Action is Taken to
Improve the Existing Situation in Mental Health Care Institutions
12 Recommendations of the Meeting of State Health Secretaries on Mental 352

Health Care Held on 4 September 2015 in New Delhi
13 Details of Training Programmes Organized During 2015-2016 358
14 NHRC Letter to the Chief Secretaries of all States to Create a Favorable 369
Environment for the Functioning of the Human Rights Defenders
15 NHRC Message on 9th December 2015 (Human Rights Defenders Day) 370
Pledging Continued Support to the Human Rights Defenders

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GRAPHS & CHARTS
1 State/UT-wise Graph on Number of Cases Registered in NHRC During 377

2015-2016
2 State/UT-wise Chart on Number of Cases Registered in NHRC During 378

2015-2016
3 State/UT-wise Graph on Number of Cases Registered as Suo-motu 379

Cognizance in NHRC During 2015-2016
4 State/UT-wise Chart on Number of Cases Registered as Suo Motu 380

Cognizance in NHRC During 2015-2016
5 State/UT-wise Graph on Intimations Registered in NHRC Relating to 381

Custodial Deaths/Rapes During 2015-2016
6 State/UT-wise Chart on Intimations Registered in NHRC Relating to 382

Custodial Deaths/Rapes (Judicial) During 2015-2016
7 State/UT-wise Chart on Intimations Registered in NHRC Relating to 383

Custodial Deaths/Rapes (Police) During 2015-2016
8 Graph Relating to Cases Transferred by NHRC to SHRCs During 2015 384

-2016

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9 State/UT-wise Graph on Number of Report Cases Disposed of by the 385

NHRC During 2015-2016
10 Chart on Cases Dismissed ‘In Limine’ by NHRC During 2016-2016 386
11 Chart on Cases Disposed of with Directions by NHRC During 2015-2016 387
12 Chart on Cases Transferred to SHRCs by NHRC During 2014-2015 388
13 Chart Depicting Cases Disposed of by NHRC During 2015-2016 389
14 Graph Depicting Cases Registered by NHRC From 2013-2014 to 2015- 390

2016
15 Graph Depicting Number of Custodial Deaths/Rapes Cases Registered 391

& Disposed of During 2015-2016
ABBREVIATIONS 393

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Chapter - 1
Introduction
1.1 This report of the National Human Rights Commission (NHRC) covers
the period from 1 April 2015 to 31 March 2016. It is the twenty-third Annual
Report of the Commission.
1.2 The twenty-second Annual Report of the Commission, covering the period
from 1 April 2014 to 31 March 2015, was submitted to the Central Government
on 8 July 2016 for preparing the Memorandum of Action Taken and placing the
same before each House of Parliament in accordance with the procedure laid
down under Section 20 of the “Protection of Human Rights Act, 1993” and its
amendment thereby in September 2006 (PHRA).
1.3 During the period under review, Justice Shri K.G. Balakrishnan,
Chairperson, NHRC on completing his five-year term in the Commission
relinquished office on 11 May 2015. On 13 May 2015, Justice Shri Cyriac Joseph,
the senior most Member in the Commission, took over as the Acting Chairperson
of the NHRC, which post he continued to hold till 28 February 2016. On 29
February 2016, Justice Shri H.L. Dattu joined as the new Chairperson of the
NHRC. Prior to joining the Commission, Justice Shri Dattu was the Chief Justice
of India from 28 September 2014 to 2 December 2015. Justice Shri D. Murugesan
and Shri S.C. Sinha continued to serve as Members in the Commission.

1
1.4 Section 3 (3) of the PHRA provides that the Chairperson of the National
Commission for Minorities, the National Commission for Scheduled Castes, the
National Commission for the Scheduled Tribes and the National Commission for
Women shall be deemed to be Members of the Commission for the discharge of
functions specified in clauses (b) to (j) of Section 12 of the PHRA. Accordingly,
Dr. P. L. Punia, the Chairperson of the National Commission for the Scheduled
Castes, Dr. Rameshwar Oraon, the Chairperson of the National Commission for
the Scheduled Tribes, Shri Naseem Ahmad, the Chairperson of the National
Commission for Minorities and Ms. Lalitha Kumaramangalam, the Chairperson
of the National Commission for Women continued to be deemed Members of
the NHRC.
1.5 Shri Satya N. Mohanty, IAS (1980 : Andhra Pradesh Cadre and later
Telangana Cadre) posted earlier as the Secretary, Department of Higher
Education, Ministry of Human Resource Development, succeeded Shri Rajesh
Kishore (1980: Gujarat Cadre), as the Secretary General and Chief Executive
Officer of NHRC on 3 June 2015. Shri J.S. Kochher and Dr. Ranjit Singh continued
to function as Joint Secretary (Training & Research) and Joint Secretary
(Programme & Administration) respectively in the NHRC. Shri C. K. Chaturvedi,
an officer of the Delhi Higher Judicial Services, who worked as a District Judge,
joined the NHRC as the Registrar (Law) on 1 December 2015.
1.6 During 2015-2016, the Commission focussed its attention on a wide

range of activities in accord with the various functions prescribed under
Section 12 of the PHRA. It took suo motu cognizance of media reports as well as
on the basis of complaints about occurrences hinting towards use of excessive
force by police personnel in different parts of the country resulting in loss of
many lives; rape and death in police and judicial custody; violation of human
rights of prisoners in jails; illegal detention and torture; deaths in encounter;
deaths due to electrocution; delay in payment of pension to retired employees;

2
lack of educational facilities and basic amenities like drinking water, toilet,
Chapter - 1
safe building and infrastructure in schools; children falling ill after consuming
mid-day meals in schools; dubious functioning of IVF clinics; sexual assault,
rape and trafficking of children and women; killing of persons on allegations of
practising witchcraft; suicide by farmers; enticing children for begging; stray
dog menace; pesticides in vegetables and fruits; botched up cataract surgery;
separate anganwadis for children of dalits; poor facilities in Primary Health
Centres resulting in death of new born babies; increasing incidents of missing
children; and atrocities against vulnerable sections like the Scheduled Castes,
Scheduled Tribes, Minorities, Other Backward Classes, children, women,
disabled and the elderly. In all these, apart from making important interventions
by way of issuing directives to the concerned State Governments and sending
its own team from the Investigation Division for conducting spot inquiries,
the Commission also recommended payment of monetary relief to the victims
whose rights were violated or their next-of-kin along with furnishing of proof
of payments it recommended.
1.7 It held Camp Sittings and Open Hearings in the States of Andhra Pradesh,
Telangana and Puducherry; explored areas of cooperation and coordination
between NHRC and State Human Rights Commissions for protecting and
promoting human rights; dealt with the issue of leprosy; rescue, release and
rehabilitation of bonded and child labourers; right to health care including
mental health care; right to food; right to education; sexual and reproductive
health and well being; and concentrated on issues forming part of the second
cycle of the universal periodic review of India undertaken in 2012 by the United
Nations Human Rights Council which had the concurrence of the Government of
India. All this, the NHRC felt would facilitate in preparing its independent report
for the third cycle of the periodic review that is to take place in 2017. In addition,
the NHRC continued to spread human rights literacy among various sections of
society including key stakeholders like the judicial officers, police personnel,

3
government officials, media persons, representatives of non-governmental

and civil society organizations, and university and college students through
its training and internship programmes, publications, seminars, workshops,
consultations and other available means.
1.8 These issues have been detailed out in different chapters of the Annual
Report for the year 2015-2016.
(H. L. Dattu)
Chairperson
(D. Murugesan) (S. C. Sinha) (Jyotika Kalra)

Member Member Member
13th June, 2017

New Delhi

4
Chapter - 2
Highlights
2.1 The National Human Rights Commission (NHRC) of India was established
on 12 October 1993. Its mandate is contained in the Protection of Human Rights
Act, 1993 as amended vide the Protection of Human Rights (Amendment)
Act, 2006 (PHRA). The constitution of NHRC is in conformity with the Paris
Principles that was adopted at the first International Workshop on National
Institutions for the Promotion and Protection of Human Rights organized in
Paris in October 1991, and endorsed by the General Assembly of the United
Nations in Resolution 48/134 of 20 December 1993. The Commission is a
symbol of India's concern for the promotion and protection of human rights.
Given below are the highlights of the Commission during the period under
report.
New Chairperson
2.2 Justice Shri H. L. Dattu, former Chief Justice of India, took over as the
seventh Chairperson of the National Human Rights Commission of India on 29
February 2016. He succeeded Justice Shri K. G. Balakrishnan, who demitted
office on 11 May 2015. Justice Shri Dattu, a renowned legal luminary, is
recognized for delivering several significant judgments. Given his illustrious
career, he emerged as the unanimous choice to be elected as a Member of the
Global Alliance of National Human Rights Institutions (GANHRI) Bureau during

5
its 29th Annual General Meeting held in Geneva from 21-23 March 2016. GANHRI
was earlier known as the International Coordinating Committee of the National
Human Rights Institutions for the Promotion and Protection of Human Rights.
2.3 The presence of Justice Shri Dattu in GANHRI Bureau will facilitate NHRIs
in implementation of international human rights standards at the national level
as well as perform core protection issues, such as, the prevention of torture
and degrading treatment, arbitrary detention and disappearances, and the
protection of the human rights defenders.
Upgradation of Complaint Management System
2.4 The NHRC has upgraded its complaint management system by

implementing a web-based version of the complaint management system
with the technical support of the National Informatics Centre. This has led to
improvement in the existing modules of the software along with addition of
other modules, all of which together has facilitated the Commission in handling
of the complaints. With the usage of latest information and communication
technology in this software, the complainants are now being constantly updated
about the status of their complaints via SMS and e-mails.
Installation of Real Time Management Information System
2.5 The NHRC has designed and developed Real Time Management
Information System software which provides minute to minute status of
complaints received, disposed and pending for action by the Commission
through a dashboard. Number of pending action on cases registered, number
of reminders to be sent to the authorities and number of reports or comments
received from the authorities or complainants are communicated daily to
concerned officers of NHRC for taking required action through e-mail and SMS.

6
Foundation Day Celebrations
Chapter - 2
2.6 The 22nd Foundation Day of the NHRC was celebrated on 12 October
2015. The Chief Guest on the occasion was Nobel Peace Laureate Shri Kailash
Satyarthi, Founder of Bachpan Bachao Andolan in New Delhi. Justice Shri Cyriac
Joseph, Acting Chairperson, NHRC delivered the Presidential Address. During
the event, 10 special children from Government-run Asha Kiran, a Home for
Mentally Challenged in Delhi who brought laurels to India by winning medals
in the Special Olympics World Summer Games 2015 held in Los Angeles, United
States of America, were felicitated. Awards were also presented to the winners
of the Painting Competition especially organized for the children of NHRC
employees. In addition, awards were given to the writers from Scheduled
Castes, Scheduled Tribes and Other Backward Classes categories for best essay
in Hindi on the theme of ‘Good Governance, Social Justice and Human Rights’.
The Foundation Day function culminated with a cultural show in which special
children from Asha Kiran, representatives from Association for Learning
Performing Arts and Normative Action (ALPANA), artists of Song and Drama
Division and employees of the Commission performed.
Painting Competition for Visually Impaired Children
2.7 As a run up to Human Rights Day Celebrations, the NHRC organized an

on-the-spot painting competition on 30 November 2015 for visually impaired
children in collaboration with the National Association for the Blind. The
competition was organized in two age groups – 5 to 12 years and 12 to 18
years. The awards presented carried cash prizes of `10,000/-, ` 8,000/- and `
6,000/- along with citations for the first, second and third positions in both the
categories.

7
Competition of Short Films for Human Rights Award
2.8 The NHRC for the first time invited entries for short films having duration
of maximum 10 minutes on a range of human rights issues in English as well
as in any Indian language. In all, 44 entries were received by the NHRC out
of which the six Member Jury selected three short films for award of
` 1,00,000/-, ` 75,000/- and ` 50,000/- respectively. The names of the films
winning the award for first, second and third positions were ‘The Rice Mill
Story’ (Tamil), ‘Sapno Ka Basar’ (Hindi) and ‘Kulfi’ (Tamil) made by Shri A.
Krishnan from Chennai, Shri Aditya Kapur from Kolkata and Shri Vivek K. R.
from Palakkad respectively. These awards were presented on Human Rights
Day.
Observance of Human Rights Day and Release of NHRC

Publications
2.9 The NHRC observed the Human Rights Day on 10 December 2015 at a
function organized in the DRDO Auditorium, New Delhi. The Chief Guest on the
occasion was Justice Shri T.S. Thakur, Hon’ble Chief Justice of India. Shri Kiren
Rijiju, Minister of State for Home Affairs, Government of India was the Guest
of Honour. Justice Shri Thakur inaugurated the photo and children’s paintings
exhibition, including the paintings made by the visually impaired children and
released six publications of the Commission. Justice Shri Cyriac Joseph, the
then Acting Chairperson, delivered the Presidential Address on the occasion. A
festival of the selected short films was also held as part of the function.
2.10 For the first time, there was a live coverage of NHRC Human Rights Day
programme on Doordarshan. On the eve of Human Rights Day, Justice Shri
Cyriac Joseph also delivered a Message to the public.

8
First Secretary Level Meeting of National Commissions
Chapter - 2
2.11 The First Secretary Level Meeting of National Commissions, who are
deemed Members of the NHRC for the discharge of its functions as specified in
Clauses (b) to (j) of Section 12 of the PHRA, was held on 25 February 2016 under
the chairmanship of Shri Satya N. Mohanty, Secretary General, NHRC. The issues
discussed during this Meeting were inter-linking the CMIS of the NHRC with
the National Commissions, strengthening convergence between the National
Commission for Protection of Child Rights and the NHRC, framework devised by
the NHRC for monitoring the implementation of 67 recommendations accepted
by the Government of India during the second universal periodic review held in
Geneva in 2012, continued cases of violence against women and effectiveness
of the Criminal Law (Amendment) Act, 2013.
Meetings of the Commission
2.12 The Full Commission deliberated upon and decided 493 cases of human
rights violations in 49 sittings. In addition, the two Division Benches considered
496 cases in 45 sittings. Eight cases of Kashmiri migrants were furthermore
considered in the open court of the Commission.
NHRC Camp Sittings
2.13 The Commission has been organizing camp sittings in State capitals
so as to expedite disposal of pending complaints and sensitize the State
functionaries on human rights of critical importance. This year, it held Camp
Sittings in Thiruvananthapuram, Kerala (8 – 10 April 2015) and Hyderabad for
the States of Andhra Pradesh and Telangana (22 – 24 April 2015). In addition,
Justice Shri D. Murugesan, held a Single Bench camp sitting in Puducherry from
28 to 30 April 2015.

9
NHRC Open Hearings
2.14 The NHRC held Open Hearings on atrocities against Scheduled Castes at
Thiruvananthapuram, Kerala (8 April 2015) and Hyderabad for the States of
Andhra Pradesh and Telangana (22 April 2015).
Towards Third Universal Periodic Review 2017 – Follow

up of UPR-2 Recommendations & Organization of Regional
Consultations
2.15 With the objective of submitting an independent report to the UN

Human Rights Council about the human rights situation of India towards the
third universal periodic review in 2017, the NHRC developed a framework
indicating action required along with monitorable outcomes on each of the 67
recommendations accepted by the Government of India. This framework was
shared with the concerned 16 Ministries of the Government of India and was
followed up by meetings with their respective Secretaries/Joint Secretaries.
Thereafter, two Regional Consultations, one at Chandigarh for Northern States
of India in collaboration with Panjab University in October 2015 and the
other in Kolkata for the Eastern and Central States in collaboration with the
West Bengal National University of Juridical Sciences in February 2016 were
organized to know the human rights situation at the ground level with regard
to the accepted 67 recommendations of the Government of India.
Dissemination of NHRC Information and Interaction with Media
2.16 The NHRC, through its Media and Communication (M&C) Unit,
disseminates information about the NHRC activities through various means.
These include press releases and statements, media briefings, press conferences
and interviews of Chairperson and Members of the Commission. The M&C
Unit also provides feedback to the Commission about significant human rights

10
issues reported in the media by way of press clippings, which forms the basis of
Chapter - 2
taking suo motu cognizance by the Commission about human rights violations
in the country.
2.17 During the period under report, about 196 press releases and statements
were prepared and issued by the M&C Unit about the various interventions and
activities of the Commission. A total of about 286 news clippings were brought
to the notice of the Commission for consideration of suo motu cognizance.
In order to give an overall picture about the issues reported in the media, in
particular, the role played by the NHRC and the interventions made by it, news
clippings on day-to-day basis were uploaded on the website of the Commission.
A monthly compendium of these news clippings was further prepared and
sent to the NHRC Library for purposes of dissemination to other Libraries and
reference by all those visiting the Library.
2.18 Overall, 10 press conferences and 19 interviews of Chairperson, Members

and senior officers of NHRC with the All India Radio, Doordarshan and other
media organizations were organized. Special efforts were made to organize
press conferences and day-to-day media briefings for all the Camp Sittings and
Open Hearings of the Commission apart from other activities held in different
parts of the country during 2015-2016 like the “Western Region Public Hearing
on Right to Healthcare” at Mumbai in January 2016 and three “Workshops on
Elimination of Bonded Labour” in Bhubaneswar, Odisha and Rajasthan.
2.19 Besides, a monthly Newsletter is published by the Unit both in English

and Hindi, which is circulated free of cost to all the important stakeholders of
the Government at the Centre and State level, academic/technical institutions,
media, NGOs and civil society organizations, etc. for spreading awareness about
human rights issues and interventions and recommendations made by the
NHRC from time to time. These are posted on the website of the NHRC as well.
The copies of the Newsletter are made available to the visitors at the reception
area of the NHRC.

11
2.20 A ‘Weekly News Digest’ on human rights issues reported in the media
is moreover prepared for the feedback of the Commission, a copy of which
along with the monthly compendium, is forwarded to all the major Libraries
for information.
Number and Nature of Complaints
2.21 The Commission continued to receive complaints in large numbers from

different parts of the country on a wide range of issues where rights of the
people were allegedly violated or negligence shown by the public servants in
the prevention of such violations. These complaints by and large included cases
alleging custodial deaths, torture, fake encounters, police high-handedness,
violations committed by security forces, conditions relating to prisons,
atrocities committed on women and children and other vulnerable sections
like the Scheduled Castes, the Scheduled Tribes and the Minorities, communal
violence, bonded and child labour, non-payment of retiral benefits, negligence
by public authorities, etc. The Commission further took cognizance of the
intimations received regarding deaths in police encounters and police custody,
judicial custody and in the custody of defence/para military forces. Suo motu
cognizance of many incidents based on reports in the print and electronic media
was taken including those cases which came to the notice of the Chairperson,
Members, Special Rapporteurs and senior officers of the Commission during
their visits to different parts of the country
Human Rights Violation Cases
2.22 A total of 1,17,808 cases were registered in the Commission

(Annexure-1) during 2015-2016. It disposed of 1,18,254 cases which included
cases of previous years as well. Of the total number of cases disposed of by the
Commission during the year under review, 65,220 were dismissed ‘in limine’

12
while 15,975 were disposed of with directions to the appropriate authorities
Chapter - 2
for remedial measures. In all, 24,622 cases were transferred to the State Human
Rights Commissions for disposal in accordance with the provisions of the PHRA.
For details of State and Union Territory-wise cases disposed of by the NHRC
during 2015-2016, see Annexure-2. At the end of the reporting period, that
is, on 31 March 2016, the total number of cases pending with the Commission
was 40,766. These covered 2,001 cases awaiting preliminary consideration and
38,765 cases pending either for want of reports from the authorities concerned
or the reports received being pending for consideration by the Commission
(Annexure-3).
2.23 The Graph below gives a comparative analysis of total number of cases
registered in the NHRC from 2012-2013 to 2015-2016:
Total Number of Cases Registered

(2013-2014 to 2015-2016)

13
CIVIL AND POLITICAL RIGHTS
Preventing Custodial Violence
2.24 The NHRC received 1,670 intimations concerning death in judicial

custody[1], 152 intimations of death in police custody, and one intimation of
death in para-military / defence forces custody during the year 2015-16. It
disposed of 1218 cases of custodial death, 1,080 cases of death in judicial
custody, 131 cases of death in police custody and 7 cases of death in the custody
of para-military forces/defence forces. These figures contain cases of previous
years as well. See the Graph below for all details.
NUMBER OF CUSTODIAL DEATHS/RAPES CASES

REGISTERED & DISPOSED OF DURING 2015-2016
NHRC Recommendations for Monetary Relief and its Compliance
2.25 During the period, the Commission recommended Rs. 6,05,60,000 as

payment of monetary relief/ compensation to the victims/next of kin of the
In the Annual Report, judicial custody means persons in jails as per the orders of the court.
[1]

14
deceased in 332 cases. Out of the 332 cases in which monetary relief was
Chapter - 2
recommended, compliance reports were received only in 33 cases, wherein a
total amount of Rs. 50,55,000 was paid to the victims/next of kin of the deceased.
The State and Union Territory-wise details of these cases are at Annexure-4.
2.26 As on 31 March 2016, compliance reports were awaited in 299 cases

wherein monetary relief amounting to Rs. 5,55,05,000/- was recommended
during the year. Out of these cases, the Commission’s recommendations to
the Railway Board in Case No. 984/34/15/08-09 (mentioned at Sl. No. 94 of
Annexure-5), for payment of Rs. 5,00,000/- (Rupees Five Lakhs only) to Ms.
Sangeeta Devi, widow of the deceased Shri Sanjay Kumar Aggarwal, has been
challenged by the Union of India through Assistant Security Commissioner
Prosecution, East Central Railway by filing of a Writ Petition (Civil) No.
5974/2015, in the High Court of Ranchi. The matter is pending in the High
Court. Further, the Government of Madhya Pradesh and the Government of
Maharashtra have conveyed their reluctance for compliance of the Commission’s
recommendations for payment of monetary relief to the victims or next-of-kin
of the deceased victim, in Case Nos. 2214/12/28/2013 and 2838/13/28/2012
respectively (see Sl. Nos. 105 and 115 of Annexure-5). In response, the
Commission has observed that it is now for the aggrieved persons to resort
to legal action for compliance of these recommendations and have closed the
cases.
2.27 Apart from the recommendations made for monetary relief, the
Commission in 30 cases also recommended disciplinary/departmental action
against the errant public servants. In Case No.5888/7/5/2015, pertaining
to custodial torture and false implication of one Smt. Nisha Singh, Councilor,
Ward 30, Gurgaon, Haryana, was challenged by Rani Devi, the wife of the errant
police official by filing a Civil Writ Petition No.24079/2016 before the High
Court of Punjab & Haryana in Chandigarh. The remaining 29 cases were closed

15
by the Commission, on receipt of compliance reports. The Commission, once

again, recommends to all those States and Union Territories, in particular the
Government of Uttar Pradesh, to take speedy action on cases pending with
them for compliance so that the monetary relief recommended in each case is
immediately given to the victim/next of their kin. As is evident from the given
Annexure, during 2015-2016, a total of 94 cases were found to be pending with
the Government of Uttar Pradesh, 19 with the Government of Odisha and 17 each
with the Governments of NCT of Delhi and Jharkhand for compliance in which
an amount of Rs. 1,31,45,000, 30,60,000, 22,30,000 and 60,30,000 respectively
was recommended by the Commission as monetary relief. Bihar (16/23,45,000),
Madhya Pradesh (14/2,27,000), Haryana (13/29,25,000), Chhattisgarh (12/
18,60,000), Rajasthan (12/14,45,000), Maharashtra (10/35,00,000), Manipur
(10/61,00,000), West Bengal (9/18,75,000) and Telangana (8/16,00,000)
Andhra Pradesh (7/8,30,000), Tamilnadu (6/9,25,000), Gujarat (5/11,25,000),
Punjab (5/7,25,000), Uttarakhand (5/4,35,000), Tripura (4/1,30,000), Assam
(3/4,50,000) Karnataka (3/2,50,000), Pondacherry (3/8,00,000), Himachal
Pradesh (2/2,00,000), Kerala (2/1,50,000), Arunachal Pradesh (1/1,00,000),
Jammu & Kashmir (1/5,00,000), Meghalya (1/5,00,000) were the other States
in descending order where the compliance is pending.
2.28 With regard to compliance reports relating to cases pertaining to

previous years, compliance was awaited in 138 (66+72) cases, for details see
Annexures - 6 & 7.
2.29 Annexure-6 gives details of cases pending compliance for the year
2014-2015 in respect of payment of monetary relief. As is apparent, the State
of Uttar Pradesh tops the list again as the Commission till date has not received
proof of payment in 24 cases, most of which relate to civil and political rights.
Other States, which had yet to forward their compliance reports in this respect
were – Bihar (6), Rajasthan (6), NCT of Delhi (5), Odisha (5), Kerala (3), West
Bengal (3), Chhattisgarh (2), Gujarat (2), Jharkhand (2), Madhya Pradesh (2),
Maharashtra (2), Andhra Pradesh (1), Assam (1), Tamil Nadu (1), Telangana
(1). All the cases pertaining to these States primarily relate to civil and political
rights except for a few that address concerns of sexual harassment of women

16
including by army/paramilitary personnel, indignity to women, irregularities/
Chapter - 2
malfunctioning in primary health centres and government hospitals, abduction/
rape including of a scheduled caste/scheduled tribe/other backward class
woman, and non-payment of pension. The details of these cases have been
reported in the earlier Annual Reports of the NHRC. The Commission once
again calls upon all the aforementioned State Governments to take immediate
steps for sending their compliance reports to the NHRC and simultaneously
take comprehensive steps for protection and promotion of civil, political,
economic, social and cultural rights, along with special measures to prevent
acts of violence and discrimination towards women, including those belonging
to the scheduled castes, scheduled tribes and other backward classes.
2.30 Annexure-7 gives details of cases pending compliance on the

recommendations made by the Commission for the period 2008-2009 to 2013-
2014 for payment of monetary relief, disciplinary action and prosecution. It
would be seen that out of the 72 cases cited in the specified Annexure, in four
cases the concerned State Governments have challenged the recommendations
of the Commission in their respective High Courts, and in most of these
cases, the final decision is awaited. These States are Jammu and Kashmir (2),
Odisha (1) and Kerala (1). The Commission makes an ardent appeal to these
Governments to expedite the cases pending in their respective High Courts. It
believes that the Governments of other States listed in Annexure-7 will adhere
to the recommendations made by the Commission and provide immediate
respite to the victims/next of their kin at the earliest.
Spot Enquiries
2.31 During the period 1 April 2015 to 31 March 2016, the Investigation
Division conducted spot enquiry in 108 cases of alleged violations pertaining
to civil, political, economic, social and cultural rights. These cases related to

17
custodial deaths / rapes; sexual harassment by policemen; custodial torture;

false implication; illegal detention; bonded and child labour; atrocities on
scheduled castes, scheduled tribes, and other disadvantaged groups; medical
negligence and lack of proper medical facilities in Government hospitals; death
due to negligence of various State authorities; inhuman conditions in jails and
shelter homes for children.
ECONOMIC, SOCIAL AND CULTURAL RIGHTS
Regional Public Hearing on Right to Health Care
2.32 A two-day Western Region Public Hearing on Right to Health Care was
organized by the Research Division of the NHRC in collaboration with the Union
Ministry of Health and Family Welfare, Government of India; Public Health
Resource Society, New Delhi and Jan Swasthya Abhiyan (JSA), in Mumbai on 6
and 7 January 2016. JSA is a civil society coalition consisting of over 20 networks
and 1,000 organizations as well as a large number of individuals working
for the health rights of the people across the country. The Regional Hearing
had the participation of the States of Gujarat, Maharashtra and Rajasthan.
Government health officials from these States along with a large number of
complainants whose health rights were violated, including representatives of
non-governmental and civil society organizations participated in the Regional
Public Hearing.
Reconstitution of NHRC Core Group on Food
2.33 The Commission on 26 August 2015 reconstituted its Core Advisory

Group on Right to Food to advise it on issues relating to right to food in India.
The Core Group consists of 13 distinguished experts in the field of right to
food from the Government, Universities, non-governmental and civil society

18
organizations across the country. The reconstituted Group met for the first
Chapter - 2
time on 14 March 2016.
Swachh Bharat Abhiyan in NHRC
2.34 As part of the Swachh Bharat Abhiyan launched by the Government of

India in the entire country, the NHRC undertook significant measures during
the year by way of displaying banners at strategic points of its building, periodic
cleaning of the building and its surroundings by the employees, weeding out of
old files by all the Divisions, and posting the snapshots of these events on the
website of the Commission and its Newsletters. The designated Nodal Officer
also issued circulars to all Divisional Heads requesting them to ensure their
participation as well as of their staff in the cleanliness drives undertaken by the
Commission from time to time.
Human Rights of Elderly Persons : Law, Policies and

2.35 The above research study was commissioned by the NHRC to the Centre
for Human Rights, the National University of Advanced Legal Studies, Kochi in
February 2016. The research is to be completed within a span of 18 months. Its
main objective is to assess the human rights of elderly persons in the backdrop
of social realities, laws, policies and programmes evolved for them by the
Government.
Country Assessment/National Inquiry on Human Rights in

Context of Sexual and Reproductive Health and Well-Being
2.36 The above research project was initiated by the NHRC in collaboration
with SAMA-Resource Group on Women and Health (SAMA), New Delhi and
Partners for Law in Development, New Delhi in March 2016. Its prime objective

19
is to make an assessment of sexual and reproductive health and well-being in

India in the light of existing international and national standards. The duration
of the project is of 12 months.
Meeting of NHRC Core Group on Mental Health
2.37 A Meeting of the NHRC Core Group on Mental Health was held in the
Commission on 15 April 2015. Its aim was to discuss the initiatives so far taken
by the NHRC in the field of mental health including future course of action in
respect of the petition filed by the Commission in the Supreme Court of India
pertaining to improving the existing mental health care situation in the country.
The above Meeting was chaired by Shri S. C. Sinha, Member, NHRC.
National Conference on Leprosy
2.38 A one-day National Conference on Leprosy was organized by the NHRC

at Vigyan Bhawan Annexe, New Delhi on 17 April 2015. Its objectives were
two-fold : (i) follow up of the suggestions/recommendations of the National
Conference on Leprosy organized by the NHRC on 18 September 2012; and
(ii) focus on issues of concern related to leprosy and suggest appropriate
strategies to deal with them. The Conference was inaugurated by Justice Shri
K. G. Balakrishnan, Chairperson, NHRC. Speaking in the inaugural session of
the Conference, Shri Bhanu Pratap Sharma, Secretary, Ministry of Health and
Family Welfare, Government of India highlighted the steps taken by the Ministry
in containing the problem of leprosy in the country.
Meeting of State Health Secretaries on Mental Health Care
2.39 A Meeting of the State Health Secretaries was organized by the NHRC on
4 September 2015 at India International Centre, New Delhi. Its objectives were
to (i) discuss ways for better implementation of the National Mental Health

20
Programme (NMHP), in particular, the District Mental Health Programme
Chapter - 2
(DMHP), infrastructure and manpower development in the States and Union
Territories; (ii) talk about strategies for better utilization of funds allocated
by the Government of India for various components of NMHP; (iii) sharing of
good practices on mental health care including rehabilitation in States and
Union Territories; and (iv) discuss ways for proper rehabilitation of cured
patients in the community. The Meeting was inaugurated by Justice Shri Cyriac
Joseph, then Acting Chairperson of the NHRC and was attended by Members,
Special Rapporteurs and senior officials of NHRC, Health Secretaries or their
representative officials from all States and Union Territories; experts in mental
health care; and officials of mental care hospitals.
TRAINING PROGRAMMES AND WORKSHOPS
NATIONAL
Important Programmes Organized by NHRC
2.40 During the financial year 2015-2016, the Commission approved 90

training programmes of 70 institutes in human rights and related issues, out
of which 71 training programmes were conducted by 59 institutes. In addition,
09 training programmes to be conducted during 2014-2015 were organized,
taking the total to 80.
Training of Trainers Programme on Gender Sensitization
2.41 The NHRC organized a three-day Training of Trainers Programme on

Gender Sensitization in collaboration with Karnataka Police Academy, UN
Women Multi-country Office, and the Centre for Social Research, New Delhi at
Karnataka Police Academy, Mysuru from 5 to 7 May 2015. The programme was

21
inaugurated by Justice Shri K. G. Balakrishnan, Chairperson, NHRC. Also present

on the occasion were Dr. Rebecca Reichmann Tavares, UN Multi-country Office
and Smt. Meera C. Saxena, Member, Karnataka State Human Rights Commission.
Two-day Training Programme for Judicial Officers
2.42 A two-day Training Programme for Judicial Officers at the District Level
was organized by the NHRC in collaboration with the Indian Law Institute, New
Delhi on 3 and 4 October 2015. The programme was inaugurated by Justice
Shri Cyriac Joseph, Acting Chairperson and Justice Shri D. Murugesan, Member,
NHRC addressed the Valedictory Session as the Chief Guest.
Awareness Programme on Drug Abuse Prevention
2.43 The Commission sponsored a day-long State Level Awareness Programme

on Drug Abuse Prevention jointly organized by Manipur University and the
Department of University and Higher Education, Government of Manipur at D.
M. College of Teacher Education, Imphal on 18 February 2016. The awareness
programme was attended by 450 students from the University of Manipur,
different colleges located in Imphal and adjoining districts of Manipur.
NHRC – ILI Media Workshop
2.44 The NHRC in collaboration with the Indian Law Institute, New Delhi
organized a day-long Training Programme on Media and Human Rights : Issues
and Challenges at the premises of the Institute on 12 March 2016. The training
programme was inaugurated by Shri S. C. Sinha, Member, NHRC. The participants
included media persons, officers working for media communication, both at
the Centre and at the State level, and students of law and journalism.

22
National Moot Court Competition on Human Rights
Chapter - 2
2.45 The Fourth National Moot Court Competition on Human Rights was
organized by the NHRC in collaboration with the Law Centre-I of University
of Delhi from 18 to 20 March 2016. The event was inaugurated by Justice Shri
Cyriac Joseph, Member, NHRC and concluded by Justice Shri D. Murugesan,
Member, NHRC. In all, 48 Teams representing different Law Colleges and
Universities of India took part in this competition. The Moot Court Competition
focussed on ‘surrogacy and human rights’.
INTERNATIONAL
NHRC Officers Participate in Different Learning Programmes of
APF
2.46 Smt. Sumedha Dwevedi, Sr. Superintendent of Police, Shri T. Raveendran,
Section Officer and Smt. Monia Uppal, Inspector participated in a Workshop on
Women and Girls Human Rights in Kathmandu, Nepal from 13 to 17 April 2015.
Prior to this, the participants had undergone an online training on human rights
of women and girls for five weeks.
2.47 Shri Inder Pal Singh, Inspector took part in the Regional Workshop on
Investigating and Documenting Torture organized by the Asia Pacific Forum of
NHRIs and the Association for the Prevention of Torture in Manila, Philippines
from 20 to 24 April 2015.
2.48 Shri D.M. Tripathy, Under Secretary (General Administration) and Shri
Mukesh Kumar, Assistant Registrar (Law) attended the Regional Workshop on
the United Nations Declaration on the Rights of Indigenous People (UNDRIP) in
Dhaka, Bangladesh from 4 to 8 May 2015.

23
2.49 Dr. Ranjit Singh, Joint Secretary (Programme and Administration)

attended the Face-to-Face Training on Business and Human Rights in Bangkok,
Thailand from 5 to 7 May 2015.
2.50 Dr. Sanjay Dubey, Director (Administration) attended a Seminar on

International, Regional and National Human Rights Mechanisms at Vientiane,
Lao PDR from 7 to 8 December 2015.
INTERNATIONAL EVENTS
NHRC Participation in AGM and Biennial Conference of APF
2.51 A three-member delegation comprising Justice Shri Cyriac Joseph,

Acting Chairperson; Shri S.C. Sinha, Member and Shri Satya N. Mohanty,
Secretary General participated in the 20th Annual General Meeting and Biennial
Conference of Asia Pacific Forum of NHRIs at Ulaanbaatar, Mongolia from 26 to
28 August 2015.
Participation in 12th ICC Conference of NHRIs
2.52 A two-member delegation comprising Justice Shri Cyriac Joseph, the

then Acting Chairperson and Shri S.C. Sinha, Member participated in the 12th
International Coordinating Committee Conference of the National Human Rights
Institutions for the Promotion and Protection of Human Rights including the
ICC Bureau Meeting & Regional Asia Pacific Forum Meeting at Merida, Yucatan,
Mexico from 6 to 10 October 2015. The Conference was organized by the NHRC
of Mexico in collaboration with the OHCHR and ICC. The Conference deliberated
upon the role for the NHRIs in achieving the Sustainable Development Goals
(SDGs).

24
2.53 On 8 October 2015, Justice Cyriac Joseph addressed the Fourth Session
Chapter - 2
on “SDGs, NHRIs, Non-discrimination and Vulnerable Groups”. The Conference
concluded with the adoption of the Merida Declaration, which encourages all
NHRIs, in line with their mandates under the Paris Principles, to collaborate
in mutual capacity building and sharing of experiences towards attainment of
2030 Agenda for Sustainable Development.
Participation in NHRI Special Session on Rights of Older Persons
2.54 Justice Shri Cyriac Joseph, Acting Chairperson and Shri J.S. Kochher, Joint
Secretary (Training & Research) attended the NHRI Special Session on the Role
of NHRIs in the Promotion and Protection of the Rights of Older Persons and
ASEM Conference on Global Ageing and Human Rights of Older Persons, at
Seoul, South Korea from 26 to 28 October 2015. Justice Shri Cyriac Joseph also
presented a paper in the Special Session.
Biennial Meeting of Commonwealth Forum of NHRIs
2.55 A two member delegation from NHRC, India consisting of Justice Shri Cyriac
Joseph, Acting Chairperson and Dr. Savita Bhakhry, Joint Director (Research)
visited Malta to participate in the 2015 Biennial Meeting of Commonwealth
Forum of National Human Rights Institutions held from 23 to 25 November
2015. During the course of the Meeting, Justice Shri Joseph made a presentation
about the structure, jurisdiction and functioning of NHRC, India. In the end, the
CFNHRI Outcome Statement of the Biennial Meeting was unanimously adopted
by the participating NHRIs. It was based on the existing and emerging areas
of concern including child, early and forced marriage in furtherance of the
Kigali Declaration; freedom of expression, association and peaceful assembly;
strengthening cooperation between governance institutions; and migration.

25
The Meeting also adopted the St. Julian’s Declaration on Climate Justice on
behalf of the Commonwealth NHRIs in response to the 21st Conference of the
Parties (COP 21) to the 1992 United Nations Framework Convention on Climate
Change.
Participation in APF Regional Meeting, CFNHRI Annual Meeting

& 29th Annual Meeting of ICC
2.56 Justice Shri H.L. Dattu, Chairperson along with Shri S.N. Mohanty,
Secretary General, Dr. Ranjit Singh, Joint Secretary (P&A) attended the Asia
Pacific Forum Regional Meeting, Commonwealth Forum of National Human
Rights Institutions (CFNHRI) Annual Meeting and 29th Annual General Meeting
of International Coordinating Committee on Promotion and Protection of
Human Rights (ICC), at Geneva, Switzerland from 21 to 23 March 2016. The 29th
Annual Meeting was significant as the ICC was renamed as the Global Alliance of
National Human Rights Institutions (GANHRI). Justice Shri Dattu also emerged
as the unanimous choice to be elected as a Member of the Bureau of the GANHRI
in Geneva. NHRC, India will now be representing the Asia Pacific Region along
with Mongolia, Qatar and Australia. On the sidelines of the GANHRI meeting,
NHRC, India for the first time organized a ‘Knowledge Fair’ giving an insight
into the work of the Commission towards building and spreading awareness on
protection and promotion of human rights.


26
Chapter - 3
NHRC : Organization and Functions
3.1 The NHRC, India was set up by an act of Parliament on 12 October 1993,
known as the Protection of Human Rights Act, 1993 (PHRA). The reason for
enacting it was the ‘better protection and promotion of human rights’. It is
an institution which acts as a compliment to the judiciary and is engaged in –
the protection and promotion of the constitutionally enshrined fundamental
human rights of people in the country.
3.2 As per the Act, ‘human rights’ means the ‘rights relating to life, liberty,
equality and dignity of the individual guaranteed by the Constitution or
embodied in the International Covenants and enforceable by courts in India’.
“International Covenants” means the International Covenant on Civil and
Political Rights (ICCPR), the International Covenant on Economic, Social and
Cultural Rights (ICESCR), the Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW), the Convention on the Rights of
the Child (CRC) and the Convention on the Elimination of all Forms of Racial
Discrimination (CERD).The Government of India acceded to the ICCPR and
ICESER in 1979. It ratified the CEDAW in 1993, the CRC in 1991 and the CERD in
1968. It would not be out of place to mention that the Constitution of India takes
into account all those features that have been spelt out in the above-mentioned

27
conventions. Many of the rights referred to in the ICCPR and the ICESCR were
available to Indian citizens when India became independent as these rights are
primarily reflected in Part III and Part IV of the Constitution under the broad
heading of Fundamental Rights and Directive Principles of State Policy.
3.3 Unquestionably, the greatest strength of the PHRA has been to provide
the Commission with ‘independence, functional autonomy and broad mandate’,
which are essential to the composition and proper functioning of a NHRI
conforming with the Paris Principles. NHRC, India is an embodiment of India’s
concern for the promotion and protection of human rights.
3.4 The experience of NHRC-India, ever since it came into existence, has shown
that its independence and strength is well guaranteed by the requirements
of the statute relating to its composition, appointments procedure, powers
relating to inquiries, extensive range of functions and specialized divisions and
staff.
Constitution
3.5 The Commission consists of a Chairperson, four full-time Members and

four deemed Members. The statute lays down qualifications for the appointment
of the Chairperson and Members of the Commission.
Constitution of NHRC
Chairperson
Deemed Members
One Two
One Chairpersons of the following National Commissions
Member Members
Member
who is, or from amongst
who is, or
has been, a persons having National National
has been, National
Judge of knowledge of, Commission Commission National
the Chief Commission
the Supreme or practical for for Commission
Justice of a for
Court of experience in Scheduled Scheduled for Women
High Court Minorities
India human rights Castes Tribes

28
3.6 The Chairperson and the Members of the NHRC are appointed by
Chapter - 3
the President of India, on the recommendations of a high-level Committee
comprising the Prime Minister (as Chairperson), the Speaker of the Lok Sabha
(House of the People), the Minister in-charge of the Ministry of Home Affairs in
the Government of India, the Leaders of the Opposition in the Lok Sabha and
Rajya Sabha (Council of States), and the Deputy Chairman of the Rajya Sabha.
Selection Committee for Appointment of Chairperson and

Members of NHRC
CHAIRPERSON
The Prime Minister
MEMBER
Minister In-charge Leader of the Leader of the National

Speaker of the
of the Ministry Opposition in the Opposition Commission
House of the
of Home Affairs House of the in the Council for
People
in the GoI People of States Women
3.7 The statutory requirements relating to the qualifications of the

Chairperson and Members of the Commission, as well as their selection by
a high-level and politically-balanced Committee ensures a high degree of
independence and credibility to the functioning of the NHRC.
3.8 The Chief Executive Officer of the Commission is the Secretary-General,

an officer of the rank of Secretary to the Government of India. The Secretariat
of the Commission works under the overall guidance of the Secretary-General.
Powers Relating to Inquiries
3.9 The NHRC has been given all the powers of a civil court trying a suit under
the Code of Civil Procedure, 1908, in particular in respect of summoning and
enforcing the attendance of witnesses and examining them on oath; receiving

29
evidence through affidavits; requisitioning any public record or copy thereof

from any court or office; and any other matter that may be prescribed. In case
of breach, it calls upon the concerned government to take remedial measures
and pay compensation to the victim or to the next of their kin and also remind
public servants of their duties and obligations. Depending on the case, it may
further initiate proceedings for prosecution, or any other suitable action that it
may deem fit, against the person(s) concerned.
3.10 Another important feature, which it fully utilizes, is suo motu cognizance
of serious matters, which it takes on the basis of newspaper and media reports.
Extensive Range of Functions
3.11 The Commission has a wide mandate. Its functions as laid down in
Section 12 of the PHRA include:
• Inquire, suo motu or on a petition presented to it by a victim or any person

on his behalf or on a direction or order of any court, into complaint of (i)
violation of human rights or abetment thereof; or (ii) negligence in the
prevention of such violation, by a public servant.
• Intervene in any proceeding involving any allegation of violation of

human rights pending before a court, with the approval of such court.
• Visit, notwithstanding anything contained in any other law for the

time being in force, any jail or other institution under the control of the
State Government, where persons are detained or lodged for purposes
of treatment, reformation or protection, for the study of the living
conditions of inmates thereof and make recommendations thereon to
the Government.
• Review the safeguards provided by or under the Constitution or any

law for the time being in force for the protection of human rights and
recommend measures for their effective implementation.

30
• Review the factors, including acts of terrorism that inhibit the enjoyment
Chapter - 3
of human rights and recommend appropriate remedial measures.
• Study treaties and other international instruments on human rights and

make recommendations for their effective implementation.
• Undertake and promote research in the field of human rights.
• Spread human rights literacy among various sections of society and

promote awareness about the safeguards available for the protection
of these rights through publications, the media, seminars and other
available means.
• Encourage the efforts of non-governmental organizations and institutions

working in the field of human rights.
• Such other functions as it may consider necessary for the protection of

human rights.
Specialized Divisions and Staff
3.12 There are five Divisions in the Commission. These are the – (i) Law
Division, (ii) Investigation Division, (iii) Policy Research, Projects and
Programmes Division, (iv) Training Division, and (v) Administration Division.
3.13 The Law Division of the Commission handles registration and disposal of
around one lakh cases, registered on the complaints of human rights violation
made to it either by the victim or any other person on behalf of the victim or
on receipt of an intimation from authorities concerned, regarding custodial
death, custodial rape, death in police action, or on suo motu cognizance by the
Commission or on a direction or order of any court. The Division also receives
intimations regarding deaths in police/judicial custody, deaths in the custody of
defence/para military forces and custodial rapes. Suo motu cognizance of serious
matters taken by the Commission is also dealt with by the Division. During
the year 2015-2016, 1,17,808 complaints were received in the Commission.

31
All complaints received in the Commission are assigned a diary number and
thereafter scrutinized and processed using the Complaint Management and
Information System (CMIS) software especially devised for this purpose.
After registration of complaints, they are placed before the Commission for its
directions and accordingly, follow up action is taken by the Division in these
cases till their final disposal. Cases of important nature are taken up by the
Full Commission and matters pertaining to deaths in police custody or police
action are considered by the Division Benches. Some important cases are also
considered in sittings of the Commission in open court hearings. The Division
has also been organizing camp sittings in State capitals to expedite disposal of
pending complaints and sensitize the State functionaries on the human rights
issues. The Commission has also been organizing open hearings regarding
atrocities on Scheduled Castes in the country to have direct interaction with
the affected persons belonging to Scheduled Castes. The Division further
provides its views / opinion on various Bills/draft legislations referred to it
for better protection and promotion of human rights. The Law Division has
come out with few important publications like “NHRC & HRDs : The Growing
Synergy”, etc. There is also a Focal Point for Human Rights Defenders who is
accessible to HRDs round the clock through (i) Mobile No. 9810298900, (ii) Fax
No. 24651334, and (iii) E-mail: hrd-nhrc@nic.in.
3.14 The Division is headed by a Registrar (Law), who is assisted by Presenting

Officers, a Joint Registrar, a number of Deputy Registrars, Assistant Registrars,
Section Officers and other secretarial staff.
3.15 The Investigation Division carries out spot investigations all over the
country on behalf of the NHRC. Furthermore, it facilitates collection of facts
relating to varied complaints made to the Commission, scrutiny of reports
received from the police and other investigation agencies and looking into
reports of custodial violence or other misdemeanours. In addition, the Division
analyzes the intimations and reports from the State authorities regarding

32
deaths in police and judicial custody as well as deaths in police encounters. It
Chapter - 3
also renders expert advice on other matters related to police or armed forces.
The Division has set-up a Rapid Action Cell to attend to complaints that require
immediate attention and action. Other than this, it assists the Training Division
in spreading human rights literacy as envisaged in Section 12(h) of the PHRA.
Investigation Division is headed by an officer of the rank of Director General
of Police, and is assisted by a Deputy Inspector General of Police, Senior
Superintendents of Police, Deputy Superintendents of Police, Inspectors,
Constables and other secretarial staff.
3.16 The Policy Research, Projects and Programmes Division (PRP&P

Division) undertakes and promotes research on human rights and organizes
conferences, seminars and workshops on important human rights issues.
Whenever the Commission, on the basis of its hearings, deliberations or
otherwise, arrives at a conclusion that a particular subject is of importance,
it is converted into a project/programme to be dealt with by the PRP&P
Division. Besides, it reviews policies, laws, treaties and other international
instruments in force for the protection and promotion of human rights. It
facilitates in monitoring the implementation of NHRC recommendations by
the Central, State and Union Territory authorities. It further helps the Training
Division in spreading human rights literacy and in promoting awareness about
the safeguards available for the protection of human rights. The work of the
Division is handled by Joint Secretary (Training & Research) and Joint Secretary
(Programme & Administration), a Joint Director (Research), Assistant, Research
Consultants, Research Associates, Research Assistants and other secretarial
staff.
3.17 The Training Division is responsible for spreading human rights

literacy among various sections of the society. As such, it trains and sensitizes
various government officials and functionaries of the State and its agencies,
non-government officials, representatives of civil society organizations and

33
students on different human rights issues. For this purpose, it collaborates

with the Administrative Training Institutions/Police Training Institutions and
Universities/Colleges. Besides, it conducts internship programmes for college
and university students. The Division is headed by a Joint Secretary (Training
& Research), who is supported by a Senior Research Officer (Training), an
Assistant and other secretarial staff.
3.18 The Administration Division looks after the establishment,

administrative and related requirements of the Chairperson and Members
of the NHRC. Besides, it looks into personnel, accounts, library and other
requirements of the officers and staff of the NHRC. The work of the Division
is handled by the Joint Secretary (P&A) who is assisted by a Director, Under
Secretaries, Section Officers, Assistants and other secretarial staff.
3.19 The Media and Communication Unit under the Administration Division
disseminates information relating to the activities of the NHRC through the
print and electronic media. It brings out a bilingual monthly Newsletter ‘Human
Rights’. The Publication Unit, responsible for bringing out all the publications
of the Commission, is another crucial Unit of the NHRC. The Annual Report,
NHRC English and Hindi Journal, Know Your Right Series are few of the salient
publications brought out by this Unit. Furthermore, it looks into applications
and appeals received under the Right to Information Act, 2005.
Special Features
3.20 The reach of the Commission is considerably enhanced by the

appointment of Special Rapporteurs and the constitution of Core and Expert
Groups. It has evolved transparent systems and procedures for discharging
its functions. The Commission has laid down procedures to transact its own
business by formulating regulations.


34
Chapter - 4

35

36
Chapter - 4
Civil and Political Rights
A. Terrorism and Militancy
4.1 Today, India is facing the daunting challenge of protecting the human
rights of common man in the face of terrorism. With the grim spectre of
terrorism continuing to target innocent and defenseless people, the task of
protection of human rights has become all the more challenging.
4.2 A peaceful society rests on the pillars of justice and individual’s

accountability. The concern for justice has been of paramount importance while
dealing with the vexed issue of terrorism. In most of the tragedies associated
with terrorism, it is mostly the common people, whose rights are violated.
4.3 An increase in the activities of terrorists and Naxalites has made the role
of security forces even more demanding. They are increasingly called upon to
control civil unrest, enhance security at important places and also to control
and maintain law and order whenever required.
4.4 The Commission is of the firm view that proper observance of human
rights is not a hindrance to the promotion of peace and security. Rather, it is an
essential element in any worthwhile strategy to preserve peace and security and
to defeat terrorism. The purpose of anti-terrorism measures must, therefore,

37
be to protect democracy, rule of law and human rights, which are fundamental
values of our society and the core values of the constitution.
4.5 The Commission from time to time has reiterated that terrorism creates
an environment that destroys the right of people to live in freedom from fear.
Terrorism’s goal is to destroy the very fabric of democracy. It has today emerged
as a serious threat to humanity. India remains an important ally in the global war
on terrorism. It has fought against terrorism for over fifty years and has learnt
a great deal from its success and failures. The endeavor of the Commission is
to call on the international community to co-operate in combating terrorism.
At the same time, the Commission has always emphasized that in doing so, the
approach should be humane, rational and secular.
B. Custodial Violence and Torture
4.6 Custodial violence and torture continue to be rampant in the country.

It represents the worst form of excesses by public servants entrusted with
the duty of law enforcement. The Commission regards crimes like rape,
molestation, torture, fake encounter in police custody as manifestations of a
systemic failure to protect human rights of vulnerable and voiceless categories
of victims. The Commission, therefore, is deeply committed to ensure that
such illegal practices are stopped and human dignity is respected in all cases.
Besides awarding compensation to the victims or next of their kin, the efforts of
the Commission are also geared towards bringing an end to an environment in
which human rights violations are committed with impunity under the shields
of “uniform” and “authority within the four walls of a police station, lock-up
and prison, where the victims are totally helpless”.
4.7 The Commission has issued various guidelines in this regard. One of
such guidelines is that a death in custody has to be reported to the Commission
within 24 hours. Though all custodial deaths may not be crimes or the results

38
of custodial violence or medical negligence, it is important that no assumption
Chapter - 4
is made without thorough enquiry and analysis of reports like inquest report,
post mortem reports, initial health screening report, magisterial enquiry
report etc. Compliance of the guidelines of the Commission by the State
authorities, therefore, plays a crucial role in quick disposal of cases relating to
custodial deaths. However, it has been seen that some deaths are reported after
considerable delay, and in many cases reports are forwarded to the Commission
only after issuance of conditional summons to the authorities concerned.
4.8 In the year 2015-2016 the Investigation Division has dealt with a total
of 3,848 cases of custodial deaths, including 3,606 cases of death in judicial
custody and 242 cases of death in police custody. The Division has also dealt
with 156 cases of deaths in encounter with security forces/police forces. The
forensic experts empanelled with the NHRC have given expert opinion in 204
cases of custodial deaths and encounter deaths. The Investigation Division has
collected reports and analyzed 1,827 fact finding cases relating to complaints
regarding allegation of threat to life in fake encounter, false implications, illegal
detention, custodial torture and other complaints of violation of human rights.
C. Important Illustrative Cases
a) Custodial Deaths
Judicial Custody
1. Death of Undertrial Ram Avtar Baitha in Central Jail, Siwan, Bihar

(Case No.1679/4/37/2012-JCD)
4.9 The Commission took cognizance of the matter on 10 June 2012 on the
basis of intimation received from the Superintendent, Central Jail, Siwan that
an undertrial Ram Avtar Baitha lodged therein had died on 19 May 2012. The
NHRC called for the requisite reports and observed that in the inquest report,

39
blood was coming out from the mouth and shoulder of the deceased. Besides,
there were scratches on the right hand. In the post mortem examination, there
were external injuries over the nose, lips and forehead. The cause of death as
opined by the Doctors was due to shock and hemorrhage of “head injury”. The
Judicial Magistrate, First Class, Siwan, Bihar who conducted the Magisterial
Enquiry found that the deceased undertrial Ram Avatar Baitha died due to
head injury caused by falling on the ground on 19 May 2012. On falling down,
he was breathing and throwing his legs here and there, indicating that he was
alive after the fall. The Doctor as well the Compounder of Siwan Jail Hospital
admitted that they were not present in the prison at the time of the incident.
The Magistrate concluded that that there appeared to be negligence on the
part of medical staff of the jail hospital. It was the duty of the jail authorities to
ensure medical facilities for the inmates round the clock.
4.10 On perusal of the reports available on record, the Commission noted that
in the Magisterial Enquiry Report (MER), the Magistrate found the jail authorities
liable for the delay in providing first aid. This clearly indicated that it is a case
of violation of human rights of the deceased. Accordingly, the Commission on
1 April 2015 recommended under Section 18(a)(i) of the Protection of Human
Rights Act, 1993, a sum of Rs. 1,00,000/- (Rupees One Lakh only) to be paid
to the next-of-kin of the deceased as compensation. The compliance report is
awaited.
2. Death of Undertrial in Central Jail, Tihar, New Delhi

(Case No.764/30/9/2012-JCD)
4.11 The Superintendent, Central Jail, Tihar, New Delhi informed the
Commission on 31 January 2012 that an undertrial Naim alias Nadeem aged
about 25, who was admitted to Tihar jail on 28 January 2012 in a Case FIR No.
185/2011 under Section 307 and 506 of IPC pertaining to Police Station Sabji
Mandi, Delhi, was found dead. According to the communication at the time of

40
entry in Tihar, the Naim alias Nadeem was having a history of mental illness.
Chapter - 4
On 29 January 2012, he took a medicine for hyper-acidity and for pain in right
shoulder from the jail dispensary but thereafter in the morning of 30 January
2012, he was found dead.
4.12 The Commission on 21 February 2012 took cognizance of the case and
obtained requisite reports through the Director General (Investigation), NHRC.
The MER dated 7 May 2012 concluded that, undoubtedly, the deceased was
lodged at the time of his death in jail no. 8/9 and as per jail rules, the inmates
are not permitted to consume or posses any Narcotic or Psychotropic substance
like charas, nicotine, etc. during their stay in the jail or in the lock up during the
court hearing. The presence of three packets containing nicotine and charas on
the body of the deceased at the time of his death and the subsequent opinion of
the Doctors that the deceased undertrial died due to nicotine poisoning, raised
serious questions regarding the circumstances wherein the deceased died and
hence the foul play in the death of the deceased within jail no. 8/9 on the fateful
day cannot be ruled out. Further, in view of the statement of another inmate
Shabir Ali, who observed white froth around the lips of the deceased on 28
January 2012 during the court hearing which was not present before going to
the court, there is every possibility that something foul may have happened
with the deceased on his way from the lock up to the Court or in the lock up.
A thorough and specialized investigation was required for finding out the real
cause behind the death of the accused during his judicial custody with the
connivance of the inmates, people who met the deceased during court visit
on 28 January 2012 and the jail/lock up officials regarding the availability of
nicotine with the deceased before his death cannot be ruled out.
4.13 On consideration of the MER, the Commission on 21 April 2013 observed

that it appears that the officials who escorted the accused or who had the
supervision over him in the prison, were negligent which led to his death. The

41
State is vicariously liable for the protection of the inmates of the prison and the
death of Naim alias Nadeem in the prison was definitely a violation of human
rights.
4.14 In view of that, the Commission directed to issue a notice under section
18(a)(i) of the Protection of Human Rights Act, 1993 to the Chief Secretary, NCT
of Delhi, calling upon him to show cause as to why compensation should not be
recommended to the next-of-kin of the deceased. The Government of NCT of
Delhi was also directed to inform about the action taken on the Magisterial
Enquiry Report.
4.15 Pursuant to the directions of the Commission, the Law Officer (Prison),
Tihar, New Delhi, submitted a report dated 17 July 2014. It was contended
that no responsibility can be put on the Prison authority as the deceased was
handed over to the custody of DAP, III BN. on 28 January 2012 and it had stated
that the accused was received in a hale and hearty condition. The report further
revealed that the matter was referred to the Station House Officer (SHO), Hari
Nagar, Delhi, and an FIR No. 185/12 u/s 304 A IPC was registered at P.S. Hari
Nagar and the matter is being investigated by the police. Hence, there is no case
of penalty being imposed on the Prison authorities.
4.16 The Commission perused the report on 21 April 2015 and observed
that it is an admitted fact that 03 plastic packets were found in the stomach
of the deceased during post mortem examination and the vomiting samples
of the deceased were found to contain continine, nicotine, charas and non-
metallic poison, etc. was found. The subsequent information from the Doctor
revealed that the deceased undertrial died due to nicotine poisoning. This
raised a serious question regarding the circumstances in which the deceased
came in possession of nicotine continine and charas which all were found in his
vomiting samples. The deceased was in continuous custody of public servants
of the Government of NCT of Delhi and Delhi Police. The fact that he was able

42
to procure and had consumed a narcotic substance while being in the judicial
Chapter - 4
custody is sufficient to conclude that the above authorities had been negligent
in performing their duties. On the day he was taken to Tis Hazari Court, that
is on 28 January 2012 he was initially in the custody of the Prison authorities
and then he was handed over to the DAP men. Thereafter, he remained in the
custody of DAP during transit from Tihar Jail to Tis Hazari Court, during his
appearance in the Tis Hazari Court and during his transit from Tis Hazari Court
to Tihar Jail. And, then he was handed over to the Prison authorities. For that
reason, it is suficient to conclude that the Prison authorities and Delhi Police
were jointly responsible for the death of the accused undertrial Naim alias
Nadeem.
4.17 As negligence on the part of the above two authorities was proved, the
Commission found it to be a fit case for recommendation of interim relief u/s 18
(c) of the Protection of Human Rights Act, 1993 to the next-of-kin of the deceased.
The Commission on 21 April 2015 recommended a sum of Rs.1,00,000/-
(Rupees One Lakh only) to be paid to the next-of-kin of the deceased in the
ratio of 50:50 by the Government of NCT of Delhi and the Ministry of Home
Affairs, Government of India, which is the concerned Ministry for Delhi Police.
The Chief Secretary, Government of NCT of Delhi and the Secretary, Ministry of
Home Affairs, Government of India were consequently directed to submit the
compliance report along with proof of payment to the Commission within six
weeks. The compliance report is awaited.
Police Custody
3. Death of Devu Sattababu in Puducherry Police Custody

(Case No.56/32/4/2011-PCD)
4.18 The Commission received a complaint from Devu Chandra Kala alleging
that her husband Devu Sattababu was taken away by the police on 10 November
2011 and he died on 11 November 2011 while in police custody. It was further

43
alleged by her that she was even deprived of right to meet her husband.
Moreover, the police did not file any FIR as to the death of her husband. She
thus prayed for action against the police officer on duty as well as compensation
for violation of her rights. The Commission also received intimation from the
District Magistrate, Puducherry in this regard.
4.19 The Commission took cognizance of the complaint on 14 December 2011

and pursuant to its directions, the report dated 2 February 2015 was received
from the Deputy Inspector General of Police, Puducherry wherein it was stated
that Devu Sattababu died on account of consuming poison which fact was
known to five police officers and a case had been registered. On completion of
investigation a charge sheet too had been filed in the case.
4.20 On consideration of the report, the Commission on 28 April 2015 observed

that the report itself admits that the death had occurred while in police custody
and due to negligence of their officers, hence the next of kin of the deceased
must be compensated. The Commission, thus awarded a compensation of Rs.
3,00,000/- (Rupees Three Lakhs only) to the complainant, that is the wife of the
deceased Devu Sattababu and the Chief Secretary, Government of Puducherry
was asked to submit the compliance report within eight weeks.
4.21 The compliance report has since been received conveying payment of
compensation of Rs. 3,00,000/- (Rupees Three Lakhs only) to the next of kin of
the deceased. The case has been closed by the Commission.
4. Death of Dineshwar Prasad Yadav in Central Jail, Dumka, Jharkhand due to

Negligence by Prison Authorities
(Case No. 164/34/5/2013)
4.22 The Commission received a complaint from Binay Sinha and a large
number of other inmates of Central Jail, Dumka, Jharkhand alleging one
prisoner named Dineshwar Prasad Yadav, s/o Ramu Mehto was arrested by the

44
police on false charges averring him to be one Chando Mehto. It was further
Chapter - 4
alleged that Chando Mehto had already died but Dineshwar Prasad Yadav was
convicted in the name of Chando Mehto and he was roughly tortured in the jail
with the connivance of the Jailor and the opponents of the victim. It was also
alleged that on 4 January 2013, the Jailor had brutally beaten the said prisoner
as a result of which he remained unconscious for about 72 hours. Thereafter
on 8 January 2013, he was taken away from the jail for being produced in the
court at Deogarh but since then the said prisoner did not return to the jail. The
complainants suspected that he might have been murdered somewhere on the
way to the court. All of them requested for stern action against the Jailor of the
Central Jail, Dumka.
4.23 Meanwhile, an intimation dated 11 March 2013 was also received from
the Medical Superintendent, RINPAS, Kanke, Ranchi stating that one prisoner
named Dineshwar Prasad Yadav, s/o Late Shri Mundal Mehto, of Central Jail,
Dumka who was admitted at Ranchi Institute of Psychiatry and Allied Sciences
(RINPAS), Kanke on 9 January 2013 for treatment had committed suicide on 10
March 2013 in the toilet of the hospital. The said intimation was registered as
Case No. 377/34/16/2013-JCD. One Shyam Sunder had also sent a complaint
praying for appropriate enquiry and action against the Jailor of the Central Jail,
Dumka regarding the death of his uncle Dineshwar Prasad Yadav alleging that
he was shot dead by the Jailor through one Bhola Pandey. The said complaint
of Shyam Sunder was registered as Case No. 189/34/5/2013 and clubbed with
the complaint of Binay Sinha and others.
4.24 In response, the Superintendent of Police, Dumka intimated vide report

dated 1 May 2013 that the enquiry conducted by the Deputy Superintendent
of Police, Dumka revealed that on the recommendation of a Specialist Doctor
of Civil Hospital, Dumka on 8 January 2013, the prisoner D.P. Yadav alias
Chando Mehto who was ill was sent from the jail with the permission of the Dy.

45
Commissioner and the court to RINPAS for treatment. He remained in RINPAS

under treatment from 9 January to 10 March 2013. On 10 March 2013, the
prisoner committed suicide. The Dy. Commissioner, Ranchi had reported vide
letter dated 11 July 2013 that as per enquiry report, Chando Mehto alias D.P.
Yadav was one and the same person. He was not tortured or beaten by any jail
official being a mentally ill person and the Dy. Commissioner as well as the
Addl. Sessions Judge, Deoghar had permitted the Jail Superintendent to refer
him to RINPAS, Ranchi for proper treatment.
4.25 The Executive Magistrate, Dumka who had conducted enquiry into the
cause of death of the above named prisoner also concluded vide report dated
16 April 2013 that the death was due to suicide committed by him as he was a
patient of paranoid schizophrenia and was not able to keep a mental balance.
4.26 The report of the Superintendent, Central Jail, Dumka dated 22 April 2013
revealed that the prisoner Chando Mehto alias D.P. Yadav aged about 77 years
was admitted to the jail on 3 July 2011 on transfer from District Jail, Deoghar. He
was suffering from abnormal behavior and insomnia. He was admitted to the
jail hospital on 30 December 2012 for treatment. Subsequently, on 8 January
2013, he was referred to the RINPAS, Kanke, Ranchi for better treatment where
he committed suicide on 10 March 2013. The inquest report also showed that
the deceased died due to suicide committed by him.
4.27 The Commission considered the above reports which indicated that
the deceased prisoner Chando Mehto alias Dineshwar P. Yadav who was a
psychiatric patient was undergoing treatment at RINPAS. He was under the care
and custody of the guards of Central Jail, Dumka but due to their negligence and
not taking proper care and adequate precaution for the safety of the prisoner,
the prisoner got an opportunity to commit suicide inside the toilet of the
hospital by hanging on account of which he died. Thus, the State Government
of Jharkhand was prima facie responsible to compensate the next of kin/legal

46
heirs of the deceased prisoner Chando Mehto alias D.P. Yadav for the negligence
Chapter - 4
committed by the officials of the Central Jail, Dumka.
4.28 The Commission thus on 18 November 2015 directed that a notice be

issued to the State Government of Jharkhand through its Chief Secretary to
show cause within six weeks as to why the Commission may not direct the
State Government to pay Rs.1,00,000/- (Rupees One Lakh only) as appropriate
compensation to the next of kin/legal heirs of the deceased prisoner Chando
Mehto alias D.P. Yadav, s/o Mandal Mehto. The report in the matter is still
awaited.
b) Unlawful Arrest, Illegal Detention and Torture
5. Illegal Detention and Torture of Vijay Singh and His Nephew Jitendra Singh
of Village Mdhaka by Constables of P.S. Cantt. Agra, Uttar Pradesh
(Case No.18400/24/1/2013)
4.29 The case under reference relates to illegal detention and torture by police
of P.S. Cantt. Agra on 6 May 2013 without registration of a FIR. The complainant
Vijay Singh, s/o Ram Singh of Village Mdhaka, P.S. Sadabad, District Hathras,
Uttar Pradesh in his complaint dated 11 May 2013 alleged that on 6 May 2013
at 6.45 a.m. he along with his nephew Jitendra Singh had gone to Agra. As soon
as they reached the Railway Station of Agra Cantt., Rajveer Singh, father-in-
law of Jitendra used abusive language and directed the police constables of P.S.
Cantt to take them into custody. Both the complainant Vijay Singh and Jitendra
Singh were kept in the lock-up of Police Station Cantt and tortured by the
police personnel without registering any FIR. The complainant appealed for
appropriate action against Rajveer Singh, father-in-law of Jitendra and police
personnel who had tortured the complainant along with his nephew Jitendra.
4.30 Pursuant to the directions of the Commission, Addl. Superintendent

of Police, Rural forwarded the report of Superintendent of Police, City Agra

47
who during enquiry recorded the statement of Vijay Singh, Rajveer Singh,
Dalbir Singh, Jitendra and Constable Clerk Ravinder Singh and concluded
that the nephew of the complainant Jitender Singh was married to Rajni.
After the marriage they had some differences. Consequently, Rajni submitted
a report at Mahila P.S., Agra which was registered as Crime Case No. 135/13
u/s 498A/323/504/50/307/406 IPC and u/s 3/4 of the Dowry Prohibition
Act, 1961. This case was pending in Reconciliation Centre. Police Constable
Ravinder Singh had picked up victim Jitender Singh and complainant Vijay
Singh at P.S. Cantt. He handcuffed them and took them to Cantt Agra police
station. Thus, Constable Ravinder Singh without the permission/directions
of senior officers and without any complaint being registered caught hold of
the victims which indisputably was a violation of human rights. According to
Addl. Superintendent of Police, Rural during departmental enquiry Constable
Ravinder Singh was found guilty and on 5 September 2013 he was given a
punishment of three days’ physical drill (PD).
4.31 The Commission on consideration of the matter on 1 September 2014

concluded that it was a clear case of violation of human rights of complainant
and his nephew by Constable Ravinder Singh and issued a notice u/s 18 of the
Protection of Human Rights Act, 1993 to the Chief Secretary, Government of
Uttar Pradesh to show cause as to why the victims be not awarded monetary
relief.
4.32 The Commission considered the matter again on 29 August 2015 and
observed that the Chief Secretary, Government of Uttar Pradesh, had not
submitted any reply to the show cause notice u/s 18 of the Protection of
Human Rights Act, 1993, issued on 9 September 2014. Hence, it presumed
that the State of Uttar Pradesh had nothing more to urge in the matter. As the
Commission had established that Constable Ravinder Singh of Police Station
Cantt handcuffed the complainant Vijay Singh and Jitendra Singh, he was guilty

48
and this was proved during the departmental enquiry as well and further
Chapter - 4
more on 5 September 2013 he was awarded three days PD. It being a case of
violation of human rights of the complainant Vijay Singh and Jitendra Singh,
the Commission recommended a sum of Rs. 50,000/- each as compensation to
be paid to the victims Vijay Singh and Jitendra Singh u/s 18 of the Protection
of Human Rights Act, 1993. The Chief Secretary, Government of Uttar Pradesh,
was directed to submit the compliance report along with the proof of payment.
The compliance report has since been received by the Commission and the case
stands closed.
6. Illegal Detention of Maujvir Singh by Police at Nai Mandi, Muzaffarnagar,

Uttar Pradesh
(Case No. 15083/24/54/2013)
4.33 In the above mentioned case, the complainant alleged illegal detention
of her husband in police custody in P.S. Nai Mandi. The report submitted by
the Senior Superintendent of Police, Muzaffarnagar dated 2 January 2014 was
not found satisfactory by the Commission. Therefore, a fair enquiry report was
called for from the DIG, Meerut Range (Uttar Pradesh). Accordingly, the report
dated 12 September 2014 from DIG, Meerut disclosed that the complainant’s
son Nitin was involved in Crime Case No. 280/13 u/s 392/411 IPC along with
3 others. The son of the complainant surrendered in the court on 17 June 2013
and thereafter was sent to jail. The Enquiry Officer did not find any entry in
the General Diary of P.S. Nai Mandi regarding picking up of Maujvir Singh by
the police of P.S. Nai Mandi on 22/23 April 2013 and being kept in the police
custody for 6 days. The statement of other concerned police officials could
not be recorded by the Enquiry Officer as they could not present themselves
before him. But, as per the telephonic statement of Head Constable, Ramesh
Chander (Head writer of P.S. Nai Mandi) and scrutiny of General Diary (GD),

49
FIR, the Enquiry Officer concluded that the Investigating Officer of Case No.
280/13, Sub-Inspector Rafiq Parvej and SHO, P.S. Nai Mandi may have picked
up Maujvir Singh, and kept him in police custody to pressurize for the arrest
of her son Nitin in Case No. 392/411, but, no entry in this regard was made in
the GD of P.S. Nai Mandi. Hence, Inspector Vinod Sirohi, SHO, P.S. Nai Mandi and
Sub-Inspector Rafiq Parvej, Investigating Officer of Case No. 280/13 were held
responsible for keeping the complainant’s husband in police custody illegally.
4.34 The Commission on scrutiny of the police report observed that the
complainant’s husband Maujvir Singh was picked up by the police of P.S. Nai
Mandi on 22/23 April 2013 and kept in police custody illegally for 6 days
for which Inspector Vinod Sirohi and SI Rafiq Parvej have been found to be
responsible and that the human rights of the complainant’s husband were
violated by the action of the then Inspector Vinod Sirohi and SI Rafiq Parvej.
Therefore, the Chief Secretary to the Government of Uttar Pradesh was directed
to show cause as to why a monetary compensation of Rs. 25,000/- (Rupees
Twenty Five Thousand only) should not be recommended to be paid to the victim
Maujvir. In response, the Joint Secretary, Home (Human Rights) Department,
Government of Uttar Pradesh vide communication received on 19 May 2016
submitted that an amount of Rs. 25,000/- had been paid to victim Maujvir Singh
on 18 April 2016. As the proof of payment was annexed, the Commission closed
the case with the directions that the Inspector General of Police, Meerut Zone,
Uttar Pradesh and the Joint Secretary, Home (HR) Department, Government
of Uttar Pradesh shall see that the departmental proceedings initiated against
the Inspector Vinod Sirohi and Sub Inspector Rafique Parvez Khan of Muzaffar
Nagar District Police are concluded expeditiously.

50
c) Police High-handedness
Chapter - 4
7. Harassment to Arif by Police at P.S. Janakpuri, Saharanpur, Uttar Pradesh
(Case No. 18702/24/64/2012)
4.35 The complainant in this case alleged that on 3 June 2012 at 10 a.m., her
son Arif aged 17 was picked up by the police of P.S. Janakpuri, Saharanpur from
his shop at the instance of certain persons who had to recover money from the
complainant’s son and was beaten by the police. It was further alleged that the
complainant approached the Station House Officer for release of her son but he
refused to release him till the time the money was returned to those persons.
Instead, the SHO threatened the complainant to implicate her son in a false
case.
4.36 The Commission upon consideration of the matter and material placed on
record directed the Government of Uttar Pradesh for payment of compensation
of Rs. 25,000/- (Rupees Twenty-five Thousand only) to the complainant, Smt.
Wasim Akhtar.
4.37 In response, the Superintendent of Police (Rural) and Nodal Officer

(Human Rights), Saharanpur, Uttar Pradesh vide communication dated 8 July
2016 and the Joint Secretary, Home (Human Rights) Department, Government
of Uttar Pradesh, Lucknow vide communication dated 21 July 2016 submitted
the compliance report along with proof of payment. In view of the fact that
departmental action had already been taken against the delinquent Inspector/
SHO, for keeping the victims in illegal detention, the Commission closed the
case.

51
8. Non-registration of Case by Police Relating to a Vehicular Accident at SBS

Nagar District Police, Punjab
(Case No. 250/19/0/2014)
4.38 The case pertains to non-registration of an FIR, for 22 months by SBS

Nagar District Police, Punjab, in a case of death on account of a vehicular accident.
The Commission recommended an amount of Rs.25,000/- (Rupees Twenty-
five Thousand only) as interim relief and legal/departmental action against the
delinquent police personnel. In response, the Additional Director General of
Police, Human Rights, Punjab vide his communication dated 4 March 2016 and
the Senior Superintendent of Police, SBS Nagar, Punjab vide communication
dated 21 March 2016 submitted that the recommended amount of Rs. 25,000/-
had been paid to the petitioner who is the father of the deceased on 21 March
2016. Proof of payment was also annexed. It was also stated that a criminal case
had been registered against the ASI Hardeep Singh on 26 February 2016, u/s
166A IPC at Police Station, Rahon for non- registration of case and departmental
action against him too had been initiated.
4.39 Upon considering the report, the Commission closed the case with
directions to the Chief Secretary, Government of Punjab to ensure that the
departmental proceedings initiated in the matter got concluded expeditiously.
9. A 19 Year Old Suspect and Three Other 17 Year Old Juveniles Forced to
Have Unnatural Sex with Each Other in Police Custody in Chennai, Tamil
Nadu
(Case No. 134/22/13/2015)
4.40 The complainant, Shri G. Dsouza, a human right activist, alleged that
two police personnel forced a 19 year old suspect and three other 17 year
old juveniles to have unnatural sex with each other, while they were in police
custody in Chennai. It was pointed out by the complainant that though CB-

52
CID had registered an FIR against the two erring police personnel there was
Chapter - 4
no information about their arrest. The complainant had thus sought the
intervention of the Commission in the matter.
4.41 Pursuant to the directions given by the Commission, it was informed

that a case vide Crime No. 01/2015 u/s 323/330/355 IPC r/w Section 10 and
12 of the Protection of Children from Sexual Offences Act, 2012 and 20, 12 and
Section 23 of the Juvenile Justice Act, was registered against the named police
personnel, which was under investigation and the erring police personnel have
also been suspended from their services.
4.42 The Commission further considered the matter and observed that it
is unfortunate that police personnel who were entrusted with the safety and
security of its citizens, are shockingly found indulging in the act of forcing
young boys to have unnatural sexual that may have an everlasting effect on their
minds. The subjection of the young boys to such an act inside the police custody
is a gross violation of the human rights of the victims. The Chief Secretary to
the Government of Tamil Nadu was thus directed to show cause u/s 18 (a)
(i) of the PHR Act, 1993 as to why a monetary compensation of Rs. 25,000/-
(Rupees Twenty-five Thousand only) should not be recommended to be paid to
each of the victims. The matter continues to be under the consideration of the
Commission.
10. A Journalist Mercilessly Beaten-up by Police near Village Barara and Then
Brought to Police Station Barara in Ambala, Haryana
(Case No. 6029/7/1/2012)
4.43 The complainant Shri Sandeep Kumar, a journalist, complained to the

Commission that in the evening of 17 August 2012, when he wanted to take
photograph of the SHO of Police Station Barara and other Police Constables,

53
beating a youth, at a crowded place near Village Barara, the SHO got enraged
and thrashed him mercilessly. Subsequently, he was brought to the Police
Station, Barara and again beaten up ruthlessly in the Police Station.
4.44 Upon consideration of the reports obtained from the police authorities,
the Commission observed that the facts and circumstances of the case clearly
indicated that the injuries on the body of the complainant were caused by the
police. The Commission thus issued a notice to the Chief Secretary, Government
of Haryana to show cause as to why monetary relief be not recommended for
payment to the complainant whose human rights were violated by the police of
Haryana.
4.45 In response, the Commissioner of Police simply stated that the

complainant was pushed and shoved by the crowd and not beaten up by the
police. Taking a view that the observations of the Commission were not rebutted
by cogent evidence, the Commission recommended payment of Rs. 1,00,000/-
(Rupees One Lakh only) to the victim.
4.46 As the compliance report along with proof of payment was received by
the Commission, the case was closed.
11. A Fourteen Year Old Accused of Theft Loses Eye Sight due to Alleged Police
Torture in Virudhunagar District, Tamil Nadu
(Case No. 2861/22/45/2012)
4.47 Shri Anup Srivastava, Member, People’s Vigilance Committee on Human

Rights (PVCHR) vide his e-mail dated 3 October 2012 forwarded a news report
captioned “Kuravar boy loses sight in alleged police torture” that appeared in
‘The New Indian Express’ dated 3 October 2012. The report alleged that one
Pathampriyan, aged 14 years (student of 9th class) and resident of Kannagi
Colony near Thiruthangal Village in Virudhunagar belonging to Kuravar
community, was allegedly picked up by the police on 24 September 2012 on the

54
charges of theft and beaten up by the police in Virudhunagar District till he lost
Chapter - 4
sight of his right eye. It was further mentioned in the report that the victim was
being treated in Government Rajaji Hospital in Madurai. Taking cognizance, the
Commission called for reports from the Director General of Police, Tamil Nadu
and the District Magistrate, Madurai in the matter.
4.48 In response, the District Collector, Virudhnagar submitted a copy of Writ

Petition (MD) No. 12783/2012 filed by Tmt. G. Paripooranam w/o Ganesan,
Kannagi Colony, Tirhuthangal Village, Sivakasi, Virudhnagar District in Madurai
Bench of Madras High Court seeking compensation of Rs. 5,00,000/- (Rupees
Five Lakhs only) for torture of her son Pathampriyan by the police.
4.49 The Commission also received a detailed report from the Revenue
Divisional Officer, Sivakasi. The report of RDO, Sivakasi concluded that the
affected boy Pathampiriyen had been tortured and the boy too in his statement
disclosed that one policeman named Chelliah had beaten him below the
shoulder by a plastic tube and then another policeman named Subburam had
taken him to a separate room and beat him up by a stem, palmirah leaf stick
on the feet, legs, buttocks, thighs and below the shoulder. He was beaten up by
Thiruthangal Police Constables also. The Doctor who treated the boy had found
injury marks on the body of the boy.
4.50 Upon consideration of the reports, the Commission found that the boy
was subjected to brutal torture by the police. Consequently, the Commission
issued notice u/s 18 of the Protection of Human Rights Act, 1993 to the
Government of Tamil Nadu to show cause as to why suitable monetary relief be
not recommended to be paid to the victim boy who was tortured by the police.
4.51 In response the District Collector, Virudhunagar, on behalf of the State

Government submitted that in the preliminary inquiry report it was not
concluded whether the police excess was found in this case or not. He was

55
directed to send a detailed final report along with specific remarks. Thereafter,
RDO, Sivakasi sent a final report dated 29 May 2013. In the final report, the
Inquiry Officer referred to a report submitted by the Dean of Government
Rajaji Hospital, Madurai stating that the current visual loss in the right eye was
due to complicated cataract retinal detachment pthysis and there was no sign
of recent injury in the eye. It was also pointed out by the District Collector in
his response that no other eye witness except the boy and his companions had
come forward to prove the torture inflicted by the police. The allegation that
the eye was damaged due to recent police torture could not be proved against
the police.
4.52 Upon considering the reply to the show cause notice and material on
record, the Commission observed and directed as under:
“The Commission has carefully examined the reply submitted by

District Collector, Virudhunagar and also the final inquiry report
of RDO, Sivakasi. It is to be noted that the same set of witnesses
was examined by RDO, Sivakasi during the preliminary inquiry and
the final inquiry. The four boys who were summoned to the police
station along with Pathampriyan testified at both stages that while
Pathampriyan was being interrogated in a room, they had heard
sounds of beating and cries of Pathampriyan. The testimony of the
boys is corroborated by medical evidence. So, there can be no doubt
that Pathampriyan was subjected to torture during interrogation
by the police.
As regards the visual loss in the right eye, the Dean of Government
Rajaji Hospital, Madurai where the boy was treated shortly after the
incident, opined in his report that the visual loss in the right eye is
due to long standing cataract and there is no sign of recent injury in
the eye. The witnesses stated during inquiry by the RDO that when

56
Pathampriyan was being beaten, he kept his hand on the head and
Chapter - 4
the Constable gave beating on his hand. Dr. T. Ayyanar also stated
during the inquiry that Pathampriyan was taken to Madurai Rajaji
Hospital for treatment of wound in the right eye. The Commission
would not, however, go deep in this aspect in view of the opinion
given by the Dean, Rajaji Government Hospital, Madurai.
Even if, the Commission accepts the contention that the loss of vision
in the right eye was not due to beating by the police, it is established
by reliable evidence that the boy was subjected to torture during
interrogation by the police. The Commission, therefore, recommends
to the Government of Tamil Nadu to pay a sum of Rs. 50,000/-
(Rupees Fifty Thousand only) as monetary relief to the victim boy.
If the Hon’ble High Court eventually finds that the loss of vision in
the right eye was caused by police beating and a higher amount of
compensation is awarded by the Hon’ble High Court, the amount of
Rs. 50,000/- shall be adjusted. Chief Secretary, Government of Tamil
Nadu shall submit the compliance report with proof of payment
within eight weeks.”
4.53 On compliance of its recommendation, the Commission closed the case.
12. A Boy Allegedly Beaten Brutally and Later Shot Dead by Police in Mathura,
Uttar Pradesh
(Case No. 10704/24/52/2013)
4.54 The Commission took suo motu cognizance of a report telecast on IBN-7
on 20 March 2013 about the death of one Jitender, aged 18 years, a resident of
Shergarh Kasba in Mathura, Uttar Pradesh during the course of police action
in Mathura. It was reported that Jitender was stopped by police personnel and
bribe was demanded from him while he was on his way for selling goods on his
tractor. On refusal to pay, he was brutally beaten and later shot dead. After the

57
incident, the local people blocked the road, ransacked the local police station
and set it on fire. The police fired upon the protesting mob which resulted in
bullet injuries to five persons. It was also reported that after the intervention
of the Inspector General of Police, a case u/s 302 IPC was registered against the
SHO and four Constables of Shergarh Police Station.
4.55 Pursuant to the directions of the Commission, the Joint Secretary to

the Government of Uttar Pradesh vide communication dated 19 December
2014 forwarded a copy of the investigation report dated 11 December 2014
of Superintendent of Police, CB-CID, Uttar Pradesh, Lucknow. On perusal of the
report, it was noticed that a Case Crime No.88/2013 had been registered against
five Constables and one Sub -Inspector of P.S. Shergarh in connection with the
death of Jitender. In the CB-CID inquiry report, charges against five accused
Constables involved in the death of Jitender were prima facie proved and it was
informed that chargesheet was being filed in the court after completing the
legal formalities. The CB-CID also recommended departmental action against
the guilty police personnel.
4.56 Upon consideration of the CB-CID inquiry report, the Commission took a
view that the State is liable to pay compensation to the bereaved family of the
deceased Jitender and issued a notice to the Government of Uttar Pradesh to
show cause why monetary relief u/s 18 of the Protection of Human Rights Act,
1993 be not recommended to be paid to the next of kin of the deceased named
Jitender.
4.57 In response to the show cause notice, the Joint Secretary, Government
of Uttar Pradesh vide communication dated 27 June 2015 forwarded a letter
of Superintendent of Police (HR), Lucknow, which stated that a proposal for
the prosecution of the five delinquent policemen had been submitted to the
Government and recommendation had also been made for departmental action
against the then Deputy Superintendent of Police, Sheel Kumar.

58
4.58 The Commission considered the matter on 30 October 2015 when it
Chapter - 4
observed and directed as under :
“The State Government has not made any submission on the aspect of
monetary relief in spite of a reminder. It can be, therefore, reasonably
presumed that the State Government has nothing to say against the
grant of monetary relief. Even otherwise, the investigation report
of CB-CID shows prima facie that Jitender was deliberately killed
by five policemen because he refused to pay bribe. The act of the
policemen amounts to grave violation of human rights. The family
of the deceased deserves to be adequately compensated. Therefore,
considering all the facts and circumstances of the case, the
Commission recommends to the Government of U.P. to pay a sum of
Rs.5.00 lakhs to the next of kin of deceased Jitender. Chief Secretary,
Government of Uttar Pradesh shall submit compliance report along
with proof of payment within eight weeks. The Chief Secretary,
Government of U.P. shall also report within eight weeks whether
chargesheet has been filed against the five delinquent policemen.”
4.59 Pursuant to the directions of the Commission the Government of Uttar

Pradesh vide communication dated 21 March 2016 informed that in compliance
to the directions of the Commission, monetary relief of Rs.5,00,000/- (Rupees
Five Lakhs only) had been paid to the next-of-kin of deceased Jitender on 11
February 2016 and also forwarded a copy of the proof of payment.
4.60 On compliance of the directions of the Commission, the case was closed.
13. Violation of Human Rights of a Person Implicated in a False Case by Police

(Case No. 4499/4/3/2014)
4.61 Shri Anil Kumar Thakur, Judicial Magistrate – First Class, Banka, Bhaglpur,
Bihar vide his letter dated 26 August 2014 informed the Commission about a
judgement passed by him in a case of false implication. In the said judgement,

59
he held that the accused, namely, Gautam Kumar Singh, s/o Shri Rajendra
Prasad Singh, r/o Village Karsop, P.S. Sambhuganj, District Banka, Bihar was
implicated in a false case on account of which he remained in jail for seven
months. This led to infringement of his basic constitutional and human rights.
He thus requested that the matter be brought before the NHRC.
4.62 The Commission on 22 December 2014 took cognizance of the matter.
4.63 The facts of the case were that Sanjay Kumar Pandey, the then Officer-
in-Charge of P.S. Sambhuganj registered Case Crime No.145/2007 u/s 25 &
26 of the Arms Act alleging that on 24 October 2007 at about 05.00 p.m., he
had gone with his staff to village Karsop in connection with the investigation
of aforementioned case. He entered the house of Rajendra Singh along with
two independent witnesses Jai Kishore Thakur and Sunil Kumar Singh. Seeing
the entry of the police inside the house, a boy ran out of the house. The police
chased him and apprehended him. A country made Musket was recovered from
the hand of the boy. He was identified by the two independent witnesses as
Gautam Kumar Singh.
4.64 On completing the investigation of the case, the police submitted a

chargesheet in the Trial Court. The case was heard by Shri Anil Kumar Thakur,
Judicial Magistrate-First Class. The accused was acquitted on 19 July 2014. As
stated above, the Magistrate while acquitting the accused observed that it was
a case of false implication.
4.65 The State appealed against the judgment of the Magistrate. It also filed
an application for pardoning the delay in filing of the appeal. The appeal was
admitted by Sessions Judge, Banka on 27 January 2015, but the question of
limitation was left for consideration at the time of the final hearing of the
appeal. The operation of the judgment of the Trial Court was not stayed by the
Appellate Court.

60
4.66 Upon consideration of the judgment and reports received, the Commission
Chapter - 4
vide proceedings dated 31 August 2015, observed and directed as under:
“The Commission has carefully examined the judgment delivered by

Judicial Magistrate First Class on 19 July 2014. Shri Sanjay Kumar
Pandey had alleged in the FIR that he had gone with his staff to
village Karsop in connection with the investigation of Case Crime
No.144/2007 and when he entered the house of Rajendra Singh at
about 05.00 p.m., a boy ran out of the house and a country made
Musket was recovered from him. The Magistrate rightly observed
that the investigation of Crime Case No.144/2007 was the basis,
reason and occasion in the case. He summoned the case diary of
crime No.144/2007 and on its perusal, it was found that Sanjay
Kumar Pandey was at Sambhuganj Bazar from 04.00 p.m. to 05.30
p.m., on 24 October 2007. He could not have been in village Karsop
on that day at 05.00 p.m. and, therefore, the story of recovery of
Musket was a fabricated one. The Magistrate also noted that the
Musket when produced in Court was in a dilapidated condition. Its
firing barrel was tied with rope. The striker and trigger was found
completely unfixed and tied with a string. The bolt for fixing the
striker to firing barrel was found absent. Thus, the Musket was not
in a working condition. The Magistrate also discussed the testimony
of Sergeant Major Umesh Kumar, who had examined the seized
firearm. He noted that the witness had not test fired the weapon and
had given opinion without disclosing the basis of its finding. He also
noted that the two independent witnesses of the alleged recovery of
firearm had refused to support the prosecution in the court. Both of
them stated that they had been called to the police station and their
signatures were obtained on the seizure memo at the police station.
With these observations, the Magistrate acquitted the accused.

61
We find that Shri Anil Kumar Thakur, Judicial Magistrate First Class,
Banka has given cogent and sound reasons for his judgment while
acquitting the accused. No doubt, an appeal from the judgment of
the Magistrate is pending, but the pendency of the appeal cannot
detain us from proceeding with the inquiry. More so, because the
Appellate Court has not stayed the operation of the impugned
judgment. Considering all the facts of the case, we are satisfied
prima facie that Gautam Kumar Singh was falsely implicated in a
criminal case. The matter becomes all the more serious because
admittedly, the victim had no criminal antecedents. A notice be,
therefore, issued to the Government of Bihar requiring it to show
cause why monetary relief u/s 18 of the Protection of Human Rights
Act, 1993 be not recommended to be paid to Gautam Kumar Singh.
Chief Secretary, Government of Bihar shall submit reply to the show
cause notice within six weeks.”
4.67 The matter is scheduled to be taken up during the Camp Sitting of the
Commission at Patna, Bihar on 22 April 2016.
d) Police Firing and Encounter
14. Death of 20 Red Sanders Smugglers in an Alleged Encounter with Joint

Team of Special Police and Forest Personnel in Seshachalam Forests of
Chittoor District, Andhra Pradesh
(Case No.475/1/3/2015-AFE)
4.68 The Commission came across a media report in The Times of India
dated 7 April 2015 under the caption “Police kill 20 sandalwood smugglers in
Andhra Pradesh”. It was reported that 20 red sanders smugglers were killed in
an alleged encounter with a joint team of special police and forest personnel
in the Seshachalam forests of Chittoor District, Andhra Pradesh in the early
hours of Tuesday, 7 April 2015. According to the report, the incident took place

62
at Etagunta and Vacchinodu Banda hamlets, in the deep forests in Chandragiri
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Mandal. From the media reports, it appeared that the police and forest officials
opened fire as the smugglers attacked them with stones, axes and knives.
4.69 Taking suo motu cognizance of the media reports, the Commission vide
its proceedings dated 7 April 2015 observed and directed as under:
“The Commission considers the incident a serious violation of

human rights of the individuals and the act of police and forest
officials should be explained by the Government of Andhra Pradesh.
The Commission is also constrained to note that this incident has
taken place at a time when a similar incident was reported from the
bordering districts of Andhra Pradesh and Tamil Nadu in the month
of December, 2014 wherein Andhra Pradesh forest officials were
seen physically torturing and assaulting a man in a naked position
and reports are awaited from concerned authorities and the issue is
under consideration of the Commission.
Issue notice to the Chief Secretary and the DGP of Andhra Pradesh.
Response within two weeks. The matter shall be taken up for hearing
in the Camp Sitting of the Commission to be held at Hyderabad on
23rd April, 2015.”
4.70 The Commission also received an intimation dated 7 April 2015 on the
above incident from the District Magistrate, Chittoor which was registered
separately but tagged along with the main file.
4.71 On 13 April 2015, two villagers, namely Shri Sekhar and Shri Balachandran
appeared before the Commission along with the wife of the former and gave
information about the death of 20 persons who were killed in the above incident.
These witnesses wanted to give oral statement before the Commission. Their
statements were got recorded by the Registrar (Law) of the Commission, with

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the help of a Tamil knowing Officer of the NHRC. Since the two persons who
gave statements before the Commission apprehended threat to their lives and
to their family members and relatives, the Commission directed that police
protection by the Director General of Police, Tamil Nadu, be provided to them.
4.72 Considering the gravity of the situation and the large number of persons
involved in the incident, the Commission vide proceedings dated 13 April 2015
directed that -
1. A Magisterial Enquiry be conducted by a Judicial Magistrate First Class

as laid down u/s 176 (1)(A) Cr.P.C.;
2. Ensure that names of all forest officials and police officials who were on
duty and were part of the Special Task Force (STF) be submitted to the
NHRC on or before 22 April 2015;
3. Post mortem, if any, of the dead persons may be conducted as per the
Guidelines issued by the NHRC;
4. Ensure that all the weapons allegedly used by the STF and the deceased
persons be placed in safe custody; and,
5. Police Register, Log Books, GD Entries and any other documents relating
to the incident shall not be destroyed, tampered with or weeded out
during the pendency of the NHRC proceedings.
4.73 The Commission also deputed its Joint Registrar to record the statement
of one more witness, who was is in the custody of an NGO - The Peoples’ Watch
and who was able to divulge details regarding the incident but he was unable
to reach Delhi. Pursuant to the directions given by the Commission, Shri A.K.
Parashar, Joint Registrar (Law) recorded the statement of Shri M. Illango at
Government Guest House, Puducherry on 15 April 2015.

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4.74 The case was then taken up at Hyderabad on 23 April 2015 during
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the Camp Sitting of the Commission held for the Southern States. There, the
Commission heard Shri Henri Tiphagne of People’s Watch; Shri Chilka Chandra
Shekar, Advocate and representatives of PUCL, Telangana; Human Rights
Forum, Hyderabad; and Social Initiative for Legal Remedies, Secunderabad.
Shri Lingaraju Panigrahi, Special Chief Secretary and Shri Vinay Ranjan, ADGP
(Legal) also appeared before the Commission on behalf of the Government of
Andhra Pradesh. Quoting the order passed by the Andhra Pradesh High Court
on 13 April 2015 in PIL No. 91 of 2015, they expressed inability to share any
information with the Commission. The Commission pointed out to them that
the High Court had restrained the State Government only from divulging the
result of investigation and not the information like post mortem report of
all deceased persons, the medico-legal reports of the injured STF personnel,
details of weapons used by STF on the deceased persons, the police register, log
book, G.D. entries, details of mobile phones, etc. The Commission categorically
told the officers of the State Government that the High Court would not do
anything to prevent a statutory institution like NHRC from discharging its
statutory functions or from exercising its statutory powers conferred by the
PHR Act 1993. The officers of the State Government were asked to interpret the
order of the High Court in a proper and reasonable manner. The purpose of the
order was to ensure a fair and independent investigation so as to instill faith
in the minds of the people and that the order could never have been intended
to obstruct an enquiry by NHRC. When the officers of the State Government
were made to understand the order of the High Court in proper perspective,
Shri Vinay Ranjan, ADGP (Legal) submitted that the directions given by the
Commission on 13 April 2015 shall be complied with.
4.75 During the Camp Sitting on 23 April 2015, Shri Lingaraju Panigrahi,
Shri Vinay Ranjan and Shri M. Naga Raju were also informed that a team
would be visiting the place of occurrence for an on the spot enquiry and the

65
State Government was asked to extend all the facilities to the NHRC team for
purposes of enquiry. A team of the Commission led by Shri Pupul Dutta Prasad,
SSP contacted Shri S.P. Tirupathi, I.G. Special Investigation Team (SIT), the Chief
Secretary, Government of Andhra Pradesh and the District Collector of Chittoor
but all of them gave evasive replies and did not extend any cooperation. In
spite of the defiant and non-cooperative conduct of the Government of Andhra
Pradesh, the Commission had to proceed with the enquiry based on whatever
documents and information were available at the given time.
4.76 Considering the background of the victims, the delay in registration of

the FIR, improvements made by the officers of the State Government, the nature
of weapons allegedly seized from the spot, the testimony of Shri Sekhar, Shri A.
Balachandran, Shri M. Illango and the reluctance of the State Government to
share even basic information with the NHRC, the Commission found that -
i) There are good grounds to think that there was serious violation of
human rights of 20 persons who were killed by STF personnel on 7 April
2015 in Sheshachalam forest of Chittoor district.
ii) The victims were very poor and their families suffering under deprivation.
iii) The families cannot be allowed to starve and die waiting for the final
outcome of the enquiry by NHRC or investigation by an unbiased
investigating agency.
4.77 The Commission observed that undoubtedly some monetary relief u/s
18 (c) of the PHR Act 1993 should be immediately recommended to be paid to
the next of kin of the deceased victims. The Commission vide its proceedings
dated 28 May 2015 made the following directions/recommendations :
1. The Government of Andhra Pradesh shall pay Rs. 5,00,000/- (Rupees Five
Lakhs only) as immediate interim relief to the dependents of each of the
20 persons who were killed by the STF on 7 April 2015 in Sheshachelam

66
forest of Chittoor District. The compliance report with proof of payment
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shall be submitted to the Commission within eight weeks.
2. The District Magistrate, Chittoor shall promptly take steps to disburse

financial assistance to the dependents of 13 victims who belonged to
Scheduled Tribe under rule 12(4) r/w Annexure I of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Rules and
submit action taken report to the Commission within eight weeks.
3. The Government of India and the Government of Andhra Pradesh shall

have FIR No. 42/15, 43/15 and 46/15 registered at P.S. Chandragiri
investigated by the CBI after completion of necessary formalities and
shall submit an action taken report to the Commission within four weeks.
4. The present Investigating Officer of FIR No. 42/15, 43/15 and 46/15
shall get the statements of witnesses recorded u/s 164 Cr.P.C before a
competent Magistrate in Tamil Nadu at the earliest.
5. The DGP, Tamil Nadu shall continue to provide adequate protection to the
witnesses namely Shri Sekhar, Shri A. Balachandran and Shri M. Illango,
their families and the Presidents of the Panchyats where they are living.
6. The Chief Secretary, Government of Andhra Pradesh and the DGP Andhra
Pradesh shall appear in person before the Commission on 9 June 2015 at
11:00 am to furnish the information and produce the record as directed
by the Commission in its proceedings dated 13 April 2015 and 23 April
2015.
4.78 The Commission received a FAX message from the Chief Secretary,
Government of Andhra Pradesh forwarding copy of the order dated 5 June 2015,
passed by the High Court of Judicature at Hyderabad for the State of Telangana
and the State of Andhra Pradesh in Writ Petition No.15767/2015. The Order of

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the Court showed that notice had been issued to the Respondent - The National
Human Rights Commission – returnable on 3 July 2015 and till the next date
of hearing the directions issued by the Commission in the order dated 29 May
2015 had been stayed.
4.79 Upon consideration of the said order of the High Court, the Commission
vide its proceedings dated 9 June 2015 observed and directed as under:
“In view of the Order of the High Court, the Commission cannot
proceed with this case. Since notice and copy of the Writ Petition
have not been received by the Commission, the case is adjourned to
16 June 2015.
In the meanwhile, the Registrar (Law) is requested to examine the

matter and suggest further steps to be taken by the Commission in
this case.
The Registry is directed to request the Andhra Pradesh State Human

Rights Commission to intimate to this Commission the date of its
taking cognizance in the case relating to the killing of 20 persons in
Seshachalam forest area in Chittoor District of Andhra Pradesh on 7
April 2015. The Secretary, State Human Rights Commission may be
requested to furnish the information before 16 June 2015.”
4.80 Upon consideration of the notice issued to the Commission by the High
Court of Judicature at Hyderabad for the State of Telangana and the State of
Andhra Pradesh in Writ Petition No. 15767 of 2015 filed by the Chief Secretary
to the Government, State of Andhra Pradesh, Hyderabad and two others
challenging the Order of the Commission dated 28 May 2015 and also the Order
dated 5 June 2015 passed by the High Court in the above Writ Petition staying
the Commission’s Order dated 28 May 2015 and perusing the Affidavit filed
on behalf of the petitioners in the above Writ Petition No. 15767 of 2015, the

68
Commission vide proceedings dated 22 June 2015 directed and authorized the
Chapter - 4
Registrar (Law) to make necessary arrangements for filing a Counter-Affidavit
in the Writ Petition before the High Court and to oppose the Interim Order
passed by the High Court. On behalf of the Commission, counter affidavit was
filed and the matter at present is under consideration of the High Court.
15. Killing of Sixteen Year Boy in Fake Encounter by BSF Jawan in Srinagar,
Jammu & Kashmir
(Case No. 35/9/13/2010-PF)
4.81 The Commission received a complaint from Shri R.H. Bansal, Chief Editor,
Human Rights Observer, alleging that an innocent boy named Zahid Farooq
Ahmed Sheikh, aged about sixteen years was killed by a BSF Jawan in a fake
encounter. Another complaint regarding the same incident was made by Shri
Prabir Kumar. Both the cases were linked up.
4.82 The Commission took cognizance of the matter and issued notices to the
Director General, BSF, New Delhi, the District Magistrate and Sr. Superintendent
of Police, Srinagar, Jammu & Kashmir to conduct an enquiry into the incident
and submit the report in eight weeks time.
4.83 Pursuant to the directions of the Commission, the DG, BSF vide his
communication dated 9 April 2010 informed that the police investigation was
in progress. The Addl. Deputy Commissioner, Srinagar vide communication
dated 1 April 2010 informed that ex-gratia relief amounting to Rs. 1,00,000/-
(Rupees One Lakh only) had been sanctioned in favour of Zahid Farooq Ahmad
Sheikh, s/o Farooq Ahmad Sheikh vide order dated 20 March 2009 by the
Government of Jammu and Kashmir.
4.84 The DIG (Ops.), BSF on 21 July 2010 informed the Commission that the
investigation had been completed and chargesheet submitted in the Court of
Chief Judicial Magistrate, Srinagar on 6 April 2010 u/s 302, 201 and 109 RPC

69
against R.K. Birdi, Commandant and Constable Lakwinder Kumar. It was further
submitted that BSF had filed an application u/s 80 of the BSF Act, 1948 in the
Court of Chief Judicial Magistrate, Srinagar on 7 April 2010 to claim the case for
trial by a Security Force Court.
4.85 Thereafter, on 13 December 2010, DIG(Ops.), BSF informed that the

Chief Judicial Magistrate had transferred the case to BSF Court for trial. The
accused, R.K. Birdi, Commandant and Lakhwinder Singh, Constable had been
taken into custody from Central Jail, Srinagar on 25 November 2010 and they
had been placed under arrest on 25 November 2010 by DIG, BSF, Srinagar. At
present, they were in BSF custody at Panthachowk. Srinagar and proceedings
under the BSF Act had already commenced. It was further submitted that a
criminal revision petition had been filed in the High Court of Jammu and
Kashmir, Srinagar against the order of Chief Judicial Magistrate, Srinagar dated
25 November 2010 by the State Government where the High Court had directed
to stay further proceedings till the next date of hearing.
4.86 Upon consideration of the reports, the Commission vide its proceedings
dated 22 July 2011 observed and directed as under:
“On the basis of above, it is a case of committing death of a 16 year

old boy, Zahid Farooq Ahmad Shekh by Commandant R.K. Birdi and
Constable Lakhwinder Kumar by AK-47 rifle. The amount of Rs.
1,00,000/- (Rupees One Lakh only) is inappropriate for the death of
a minor child.
This indicates a clear case of violation of human rights by public

servants/BSF personnel and it is a fit case in which notice u/s 18 of
Protection of Human Rights Act, 1993 be issued.
Accordingly, it is directed that a notice u/s 18(a)(i) of the Protection

of Human Rights Act, 1993 be issued to the Secretary, Ministry of

70
Home Affairs, Government of India calling upon him to show cause
Chapter - 4
as to why compensation may not be recommended in favour of the
next-of-kin of the deceased. Response to be submitted within six
weeks.”
4.87 In response to the show cause notice, DIG(Ops.) submitted a

communication dated 6 September 2011 that the incident regarding the death
of Zahid Farooq Ahmed Sheikh had been investigated by the State Police and
chargesheet submitted in the Court of Chief Judicial Magistrate, Srinagar.
As revealed from the chargesheet, Commandant R.K. Birdi and Constable
Lakhwinder Kumar had been charged u/s 302/301/109 of RPC for alleged
killing of Zahid Farooq Ahmed. It was further stated in the communication dated
6 September 2011 that the State Government had filed a Criminal Revision
Petition in the High Court of Jammu and Kashmir against the order of Chief
Judicial Magistrate and the High Court had stayed the proceedings with liberty
to the BSF to complete the Record of Evidence. It was also communicated that
the statements of 74 witnesses had been recorded and it was contended that the
matter was subjudice and it would be premature to comment on the evidence
or on the final outcome of the case. The Commission was requested to keep the
issue of compensation in abeyance.
4.88 Upon consideration of the reply to the show cause notice, the Commission
vide proceedings dated 1 April 2015 observed and directed as under:
“We are of the considered opinion that the pendency of the criminal
case need not detain us from recommending compensation. The
BSF itself admits that its officers were found guilty after police
investigation. Therefore, the violation of human right is prima
facie established. The Commission always proceeds on the broad
probabilities of the case without insisting on rigorous proof. Since the
guilt of the BSF officials has been established in police investigation,
the Commission need not wait for any further evidence. Considering
all the circumstances, we recommend to the Ministry of Home

71
Affairs, Government of India to pay a sum of Rs. 5,00,000/- as

monetary relief to the next-of-kin of deceased Zahid Farooq Ahmed.
The Secretary, Ministry of Home Affairs, Government of India shall
submit the compliance report with proof of payment within eight
weeks.”
4.89 In response to the recommendation of the Commission, the Under

Secretary, Ministry of Home Affairs, Government of India forwarded a report
from the Directorate General, BSF. It was submitted that compensation
should not be paid to the next-of-kin of deceased Zahid Farooq Ahmed as the
disciplinary case against Commandant R. K. Birdi, and Constable Lakhwinder
Kumar were pending. It was also submitted that in case the accused persons
are found guilty of the offence later on, compensation could be paid at that
juncture.
4.90 The Commission considered the matter on 14 January 2016 when it

observed and directed as under:
“The Commission has considered the stand taken by the Directorate

General, BSF. Under the provisions of the Protection of Human
Rights Act, 1993, the Commission is competent and entitled to
recommend payment of compensation to the victims of violation of
human rights, if the Commission is prima facie satisfied that there
was violation of human rights. In this case, after considering all the
materials available, the Commission was satisfied that there was
violation of human rights and hence, recommendation was made
to pay compensation. The satisfaction of the Commission or the
recommendation of the Commission cannot be dependent on the
outcome of any disciplinary case or criminal case. The Commission’s
satisfaction and its recommendation are based on the materials and
evidence brought before the Commission. If the payment of monetary

72
relief has to wait and depends on the outcome of a criminal case or
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disciplinary case, it would result in serious breach and hardship to
the victims of violation of human rights and it will be against the
spirit of the provisions contained in the Protection of Human Rights
Act, 1993, particularly Section 18.
Therefore, the Commission hereby reiterates its recommendation to

the Ministry of Home Affairs, Government of India to pay monetary
relief to the next-of-kin of the deceased Zahid Farooq Ahmed and
requests the Secretary, Ministry of Home Affairs, Government
of India to submit the compliance report along with the proof of
payment within eight weeks.”
4.91 The recommendation of the Commission has not yet been complied with.
16. Death of Six Persons in Police Firing during Communal Clashes Between
Muslims and Christians at Cheriyathura Junction in Kerala
(Case No.115/11/12/2010)
4.92 Reporting on the six monthly statement with regard to deaths in Police
action in the State of Kerala for the period 1 January 2009 to 31 March 2009,
the Director General of Police, Kerala vide letter dated 14 December 2009
reported about the communal clashes between the Muslims and Christians at
Cheriyathura Junction and subsequent police firing on 16 and 17 May 2009
resulting in death of six persons and registration of Case Crime No.84/CR/
S1/09 (crime 247/09 of Valiyathura P.S. u/s 143/144/145/147/148/149/151
/152/153 (A) 332,307,436 IPC and u/s 27 Arms Act and section 3,4,5 Explosive
Substances Act 1908) and other 65 cases and investigation of the case being
carried out by CB-CID, SIG-I, Thiruvanthapuram.
4.93 The Commission took cognizance of the intimation on 28 April 2010 and
after subsequent extension of time, obtained a report dated 9 April 2012 from

73
the Superintendent of Police, Crime Branch CID, OCW 1, Thiruvananthapuram

which revealed that in connection with the incident that occurred on 16 and 17
May 2009 at Cheriyathura - Beemapally area, altogether 66 cases were registered
by the local police. The said crimes included suo motu crimes, crimes registered
in pursuance to the oral complaints of the victims and complaints forwarded
for investigation by the Courts u/s 156(3) Cr. P.C. Out of 66 cases, one case was
registered as suo motu by Shri C. G. Sureshkumar, Assistant Commissioner of
Police and 65 cases were registered by recording the statements of the victims.
Out of the total 65 registered cases, 30 cases were registered on the basis of
complaints by Muslims; 32 cases were registered on the basis of complaints
made by Christians and one case was registered on the statement given by the
then Sub-Inspector of Valiyathura Police Station Sri K.J. Johnson and 2 cases
were registered on the basis of complaint of victims belonging to the Hindu
community. All the cases were transferred to CB-CID and were investigated by
Crime Branch CID, OCW-1, Thiruvananthapuram vide DGO No. D1/41541/09
dated 18 May 2009. One case with crime No. 2/CR/OCW-1/10 was registered
as suo motu by CB-CID to unearth the source of explosive used in Cheriyathura.
Crime 84/CR/S1/09 (Valiyathura P.S. Crime 247/2009) was the main case
registered in connection with the police firing incident by C.G. Sureshkumar,
Asstt. Commissioner of Police, Sanghumugham Sub Division for dispersing the
unruly mob armed with deadly weapons, country missiles, etc. All these cases
were clubbed together and are under investigation. It was further submitted
that the investigation conducted so far had revealed that six persons died and
42 others were injured in the violence by unruly mob and the subsequent police
firing. Four persons died due to the bullet injuries sustained and one person
died of heart attack while undergoing treatment in the hospital for the injuries
sustained. One person died due to the blunt force injury sustained on the head
during the group clashes. It was also revealed that the injuries caused to nine
persons were from the bullets of .303 rifle and others sustained injuries from

74
fragmented parts of bullets, fired by the police, and by the metal fragments,
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missiles of country bombs, stones and other weapons used by the clashing
miscreants. From the FSL examination report, all the MOs collected during the
investigation, it was revealed that the metal pieces recovered from the bodies
of one Ahammed Khani Noushad and Arshad were the parts of 0.303 bullets. It
was informed that 13 accused were identified in CB-CID Crime 84/CR/S1/2009
and reports were submitted before the Court by arraying them as accused. The
details of another 41 accused were also collected and steps were being taken to
include them in the array of accused. Out of the total 67 cases two cases were
chargesheeted in which the complainants were Muslims and 14 cases were
finally reported as false out of which 13 complainants were Muslims and one a
Christian. One case at Crime No. 2/CR/OCW-1/10 was transferred to CBI STF
Mumbai Unit on 9 February 2012. Remaining cases were under investigation at
CB/CID, OCW-1, Thiruvananthapuram.
4.94 The Commission on consideration of the reports on 15 September 2015

directed the Addl. DGP, Crime Branch, CID, Thiruvananthapuram to submit
report about – (i) total number of cases under investigation after clubbing, (ii)
case wise number of arrests made, (iii) details of cases in which chargesheet
was submitted including the names of the chargesheeted accused, (iv) number
of cases finally reported, (v) number of cases still under investigation, and (vi)
copy of the report of Judicial Commission. The response of all this was to be
submitted within eight weeks.
4.95 Pursuant to the directions of the Commission, the State Police Chief,
Kerala, vide communication dated 2 May 2014, informed the Commission that
from the report of CB-CID, Crime No.84/CR/SI/09 (Cr.No.247/09 of Valiyathura
P.S.) received from the Additional Director General of Police (Crime), it is
revealed that number of accused persons alleged to have been involved in the
above case was around 2000, including members of both Muslim and Christian

75
communities and the final report in Crime No.84/CR/SI/09 could be laid

only after identifying the remaining accused after proper verification and by
interrogating witnesses of both the sides. All the independent witnesses of the
case were either relatives or from the same community or opposite communities
scared of the accused. Hence, considerable time is required to complete the
investigation and all efforts are being taken to find out the accused involved in
the crime. On the basis of the above, the Police Chief, Kerala demanded time for
the conclusion of the investigation.
4.96 The Commission on consideration of the matter on 15 July 2016 directed

the State Police Chief, Kerala to submit the response within eight weeks.
e) Electrocution Cases
17. Death of Youth due to Negligence of Electricity Department of Government

of Uttar Pradesh
(Case No.26993/24/13/2014)
4.97 In the aforementioned case, the complainant Shri Ashok Shankaram, a

social activist alleged death of Fakhruddin, aged 20 years, on 2 August 2014 due
to the negligence of the Electricity Department of Government of Uttar Pradesh
and failure of the State Government to address the menace of electrocution
deaths on account of negligence and irresponsible maintenance of electric wires
and equipments. He requested for action against the delinquent employees of
the Electricity Department, and to recommend compensation to the next-of-
kin of the deceased, Fakhruddin.
4.98 The Superintendent Engineer (SE), Electric Distribution Division,

Ramsnehighat, Barabanki, submitted a report dated 19 October 2015 stating
that a compensation of Rupees 1,00,000/- (Rupees One Lakh only), had been
paid to the mother of the deceased Fakhruddin on 23 August 2014 vide cheque
No. 223106. The incident was also being examined by the Assistant Director,

76
Electrical Safety, Government of Uttar Pradesh. However, the report from him
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was still pending. The SE furthermore enclosed a copy of the statement of Bank
Account of the Executive Engineer, EDD, Distribution, showing debit of Rupees
One Lakh on 30 August 2014. The Principal Secretary, Government of Uttar
Pradesh, submitted a report dated 26 October 2015 stating that electricity line
of 33/11 KV Tikat Nagar to 11 KV Bilkhara, 11 KV Over Head line was passing
through Village Kasba Echauli. The 400 KVA Plinth Mounted Transformer a
LT Over Head line had been given to Village Kasba Echauli. In the night of 1
August 2014, one electric phase of this Line got snapped and fell on the land
near the pond. On 2 August 2014 at about 5.40 a.m. when Fakharuddin, the
deceased, went for the call of nature, came into contact with the live wire near
the pond and died of electric shock. The report further stated that the above
said LT Line had not been properly maintained, the fuses fixed to the side of
LT Transformers were not of appropriate capacity and non-fixing of guarding,
resulted in the accident. Under Rule 29/50(i) b(ii)/91, of Indian Electricity
Rules, 1956, the Maintenance staff was, responsible for the accident. The
Dy. Director, Electrical Safety, Government of Uttar Pradesh, recommended
payment of compensation to the next-of-kin of the deceased and action against
Maintenance Staff responsible for maintenance of Electric Transformers and
the LT Side Fuses.
4.99 The report received from the State authorities was considered by the
Commission on 19 November 2015 when it observed that the electrocution
and consequent death of Fakhruddin was due to the negligence on part of
Maintenance Staff of the Electricity Department of Government of Uttar
Pradesh. As the amount of Rs.1,00,000/- paid to the next-of-kin of the deceased
was insufficient, the Commission recommended u/s 18(a)(i) of the Protection
of Human Rights Act, 1993, for payment of an additional sum of Rs. 1,00,000/-
(Rupees One Lakh only) to the next-of-kin of the deceased Fakhruddin. The
compliance report has since been received and the case closed.

77
18. Death of a Poor Farmer due to Negligence of Electricity Department in

Bhadrak District, Odisha
(Case No. 1179/18/18/2014)
4.100 Shri Subash Mohapatra an activist from Odisha in his complaint dated 18
March 2014 intimated to the Commission about the death of a poor Scheduled
Caste farmer, named Gati Krushna Malick of village Malik Sahi, Kasimpur Block
falling under P.S. Dhusuri in the District of Bhadrak, Odisha on account of
electrocution on 13 March 2014.
4.101 It was reported by the State authorities that at 63KVA 11./0.4KV Sub-
station in Bodak Sasan, power supply was being given to a private L.I. Point
belonging to Sri Pradeep Kumar Jena. From one year this point was defunct
and the LT line lay in a damaged condition. As such, it was disconnected by
the Department to avoid any mishap. According to the nearby villagers, some
persons illegally charged the damaged LT line for running of their motor in
the night. On the previous night of the accident also, these villagers mentioned
a truck had passed over the last length of the LT line which resulted in the
conductor being dragged along with the tilting of the pole. The victim farmer
while walking through that way came in contact with the live line which led to
his immediate death on account of electrocution.
4.102 The Commission upon consideration of the matter observed that the
report submitted by the Superintendent of Police, Bhadrak prima facie makes
it a strong case of gross negligence by the electrical authorities. The report
submitted by the State moreover admitted the said facts and concluded that the
unfortunate accident could have been prevented, had the fuse system/tripping
system in the substation been in working condition. From the facts established
above, it is crystal clear that the death of deceased Gati Krushna Mallik was due
to gross negligence of the electrical authorities which is a violation of the human
rights of the deceased farmer. The Chief Secretary, Government of Odisha was

78
directed to show cause u/s 18 a (i) of the Protection of Human Rights Act,1993,
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as to why a payment of compensation of Rs.1,00,000/- (Rupees One Lakh only)
should not be awarded to the next of the kin of the deceased. A report showing
the departmental action taken against the erring officials was called for too.
4.103 The Commission upon further consideration of the matter directed the
Chief Secretary, Government of Odisha to submit compliance with proof of
payment of Rs. 1,00,000/- (Rupees One Lakh only) to the next of the kin of the
deceased Gati Krishna Malik. The compliance report is awaited.
19. Death of Pavement Dweller due to Electrocution in Royapettah, Chennai,

Tamil Nadu
(Case No. 3175/22/13/2012)
4.104 Shri G. Dsouza, P.O. Box 8476, Mumbai vide his email dated 20 November
2012 forwarded a press clipping captioned “Pavement dweller electrocuted”
dated 25 October 2012 from the website of English daily, ‘The Times of India”.
According to the press report, one Renuka, a 40 year old pavement dweller
came in contact with a live cable lying in stagnant water on Thayar Sahib Street
in Royapettah, Chennai, Tamil Nadu on 24 October 2012. By the time the police
was alerted and the power was switched off, Renuka had already died due to
electrocution.
4.105 In response to the notices issued, the Commission received reports from
various authorities of the State.
4.106 Upon consideration the report of the Electrical Inspector, Chennai-

North Division, the Commission found that prima facie it appeared that the
accidental death occurred due to the negligence of the officials of the Tamil
Nadu Electricity Board or Tamil Nadu Generation and Distribution Corporation
Limited.

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4.107 Hence, the Commission vide its proceedings dated 17 November

2014 issued notice u/s 18 of the Protection of Human Rights Act, 1993 to the
Chief Secretary, Government of Tamil Nadu and the Chairman-cum-Managing
Director, Tamil Nadu Generation and Distribution Corporation Limited to show
cause why the Commission should not recommend payment of compensation
to the next-of-kin of the deceased Renuka.
vide proceedings dated 21 March 2016 observed and directed as under :
“The Commission has considered the reply sent by the State

Government and the chargesheet filed in the Court of Metropolitan
Magistrate, Allikulam, Chennai. The State Government has
resubmitted the earlier version of Superintending Engineer, CED/
Central, Chennai, TANGEDCO that electrocution was not due to any
fault of cable line maintained by TANGEDCO, though it is admitted
that electricity supply was disconnected only after electrocution
of Ms. Renuka. The Police Department, however, contradicted the
stand of the Government by filing a chargesheet u/s 304A IPC
in Crime Case No.1627/2012, P.S. Anna Salai against T.Wilson
Sathyanathan, Assistant Engineer, Operation & Maintenance,
Tamil Nadu Electricity Board, Walaja Road, Chennai-5 and case
was filed before the Learned XIII Metropolitan Magistrate Court,
Allikulam, Chennai. The chargesheet in vernacular states that the
said Engineer was callous and had not handled properly the work
of electricity connection by getting appropriate protection which
resulted in electrocution of Ms. Renuka.
Considering the entire facts and circumstances of the case, the

Commission is of the view that deceased Renuka lost her life due to
the negligence of Tamil Nadu Generation & Distribution Corporation

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Limited. Hence, the Commission recommends that a sum of Rupees
Chapter - 4
One Lakh be paid as monetary relief to the next –of-kin of deceased
Renuka”.
4.109 Compliance report along with proof of payment is awaited.
20. Death of Class-IV Girl Student in School Hostel due to Electrocution in

Malkangiri, Odisha
(Case No. 3072/18/29/2014)
4.110 The Commission received a complaint dated 4 August 2014 from Shri
Sudhanshu Kumar Nanda, Advocate and human rights activist who on the basis
of a newspaper report dated 4 August 2014 published in “SAMBAD” Sambalpur
Edition of Odisha, alleged that a class-IV student, namely Urmila Kbasi, died in
her hostel due to electrocution on 2 August 2014. The hostel was being run by
the Scheduled Castes and Scheduled Tribes Development Deptt. of Odisha. It
was alleged that the school hostel building had less space for accommodating
100 students, and the children lived with little amenities. When the victim girl
tried to hang the mosquito net, she came into contact with charged iron pole,
fell unconscious and afterwards died. The hostel building was charged with
electric power as it got wet due to heavy rain for the last three days and the
pole used for hanging the mosquito net got charged due to the wall. It is alleged
that the death occurred due to negligence on the part of the school authorities
as well as the Department. The complainant sought impartial enquiry into the
matter and compensation to the next-of-kin of the victim.
4.111 The Commission took cognizance of the matter on 11 August 2014 and
obtained a report from the Commissioner-cum-Secretary, Scheduled Castes
and Scheduled Tribes Development Department, Government of Odisha, vide
his letter dated 23 April 2015 which revealed that Jayanti Sahoo, Asstt. Teacher
of PUP School, Kalimela, Superintendent In-charge of that Hostel, left the hostel

81
at about 9.00 p.m. on 2 August 2014, leaving the inmates under the supervision
of Cook-cum-Attendant and Watch Ward. The inquiry revealed that an electric
wire was extending from the electric socket and was not concealed properly.
Due to continuous rain and seepage of rain water, the wall and switch board
got wet and the student got electrocuted due to negligence in supervision
and monitoring of the hostel infrastructure. It was further reported that the
Superintendent of hostel was suspended by the District Education Officer,
Malkangiri vide order dated 3 August 2014 and draft charges were framed
under Rule 15 of OCS (CCA) Rules, 12962 vide order dated 12 September
2014. A police case was lodged against the Hostel Superintendent u/s 138 of
Indian Electricity Act and she was arrested. Further, complete electric wiring
was redone in the hostel building after the incident. The report stated that ex-
gratia payment in favour of the next-of-kin of the deceased student was being
processed.
4.112 The Commission considered the report on 30 September 2015 and

observed that the student got electrocuted and died due to negligence in
supervision and monitoring of the hostel infrastructure. The negligence of
the hostel staff is established and the State Government is vicariously liable.
Accordingly, the Commission issued a notice u/s 18(a) (i) of the Protection
of Human Rights Act, 1993 to the Government of Odisha, through its Chief
Secretary, to show cause as to why the Commission should not recommend
monetary relief to the next-of-kin of the deceased girl Urmila Kbasi. The
Commission also directed the Commissioner-cum-Secretary, Scheduled Castes
and Scheduled Tribes Development Department, Government of Odisha to
inform the outcome of the police case lodged against Hostel Superintendent
u/s 138 of Indian Electricity Act and outcome of the departmental enquiry
initiated against her within four weeks. The response of the State Government
was awaited.

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f) Pollution and Environment Cases
Chapter - 4
21. Severe Water Pollution due to Encroachment of Land Along Mandakini
River Bed in Chitrakoot District, Uttar Pradesh
(Case No. 8488/24/20/2016)
4.113 The Commission received a complaint on 7 March 2016 from Yogesh

Jain of Chitrakoot in Uttar Pradesh stating that most of the people in Chitrakoot
District depend upon Mandakini river for their daily existence. However,
on account of encroachment of land along the river bed and serious water
pollution caused by the encroachers, the people of Chitrakoot were getting
deprived of safe drinking water for their daily use. The local people had made
several complaints to the District Administration, but no action was taken by it
to redress their grievances. Thus, the complainant sought the intervention of
the Commission for necessary action.
4.114 The Commission vide its proceedings dated 9 March 2016 directed the
Chief Secretaries of Government of Madhya Pradesh and Uttar Pradesh and
Secretary, Ministry of Water Resources and River Development, Government of
India, New Delhi for their responses within four weeks.
4.115 In response to the same, vide letter dated 8 May 2016, the Addl.
Secretary, Urban Development and Environment Department, Government
of Madhya Pradesh enclosed a report of M.P. Pollution Control Board. It was
intimated therein that an inquiry into the matter was conducted on 3 May
2016 by a Senior Scientist of the M.P. Pollution Control Board which revealed
that the available water at all the seven ghats of Mandakini River was of ‘B’
Grade category and better than the condition found earlier. However, the
subject matter of the present case was subjudice as it was before the National
Green Tribunal (NGT) and as per the orders passed by the said Tribunal, 14
encroachments had already been removed from the river bed. But, four other

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encroachments still existed due to stay order passed by the Tribunal. The Local
Municipal Corporation was also taking steps to check pollution of the river
water. The report indicated that necessary steps were taken by the concerned
authorities to check the domestic waste and polluted water being mixed into
the river water. It was reported that a pumping unit was established to transmit
the solid waste and other waste material to a Sewerage Treatment Plant located
outside.
4.116 The Commission carefully considered the contents of the report. As no

response was received from the Chief Secretary, Government of Uttar Pradesh
and the Ministry of Water Resources and River Development, Government of
India, both were reminded.
4.117 The Chief Secretary, Government of Madhya Pradesh was further

directed to submit the details of the case pending before the National Green
Tribunal. The matter is under consideration of the Commission.
22. Air Pollution Caused by Cement Godowns at Jyoti Nagar, Delhi

(Case No.708/30/2/2016)
4.118 In the given case, the complainant alleged that the residents of Jyoti Nagar
in Delhi inhaled polluted air on account of innumerable cement godowns in the
area. The godown owners bribed the police personnel of P.S. Jyoti Nagar, Delhi.
The Commission vide its proceedings dated 18 February 2016, issued a notice
to the Chief Secretary, Government of NCT of Delhi and the Commissioner of
Police, Delhi calling for report within four weeks.
4.119 In response, the Deputy Commissioner of Police, Vigilance, Delhi vide

letter dated 21 July 2016, forwarded an enquiry report received from the
Addl. DCP, North East, Delhi. During enquiry Jyoti Nagar Police found that the

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complaint was meritorious. But the complainant stated that he had never sent
Chapter - 4
the complaint and someone had misused his name. However, on the basis of a
similar complaint, proceedings u/s 133 Cr.P.C. was forwarded to the concerned
authority for taking further action. No response has been received from the
Chief Secretary.
4.120 The Commission considered the matter and directed the District
Magistrate, North-East District, Delhi to send a report, regarding the outcome
of the proceedings initiated u/s 133 Cr.P.C., in the matter vide DD number 13A,
dated 12 April 2016 of Jyoti Nagar P.S., Delhi. A reminder was also issued to the
Chief Secretary, Government of NCT of Delhi, calling for a report.
4.121 Reports from the concerned authorities have been received and the
matter is under consideration of the Commission.
g) Other Important Cases
23. Death of a Para Military Official at his Work Place due to Medical Negligence
(Case No. 12025/24/69/2014)
4.122 The matter relates to death of Constable Bhagirath Yadav of CISF on

13 January 2014 at his duty place in District Sonbhadra, Uttar Pradesh due to
medical negligence.
4.123 An amount of monetary relief of Rs. 1,00,000/- (Rupees One Lakh only)
as recommended by the Commission was paid to the wife of the deceased. The
delinquent CISF personnel Y.C. Rajwar, Inspector was already dealt with and
punished. The reports received from the State Authorities were taken on record
and the case closed.

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24. Alleged Corruption and Usage of Abusive Language by Block Education

Officers of Khalilabad District, Uttar Pradesh
(Case No.15666/24/65/2014)
4.124 The Commission received a complaint from Smt. Ramraji Devi, Head
Mistress, Purva Madhyamik Vidyalaya, Bargon in Khalilabad District area
alleging use of abusive language and demand of Rs.1,000/- by Arjun Singh, Block
Education Officer, Khalilabad and Chandra Shekher, School Coordinator, who
on an inspection conducted in the school on 23 April 2014 found two children
missing out of 59 children mentioned in the attendance register. It was alleged
that threat was made to withhold the provident fund, pension and salary of
Smt. R. Devi if she failed to pay the amount, despite explaining to the officials
that the two children had gone to leave one sick child to his home, who had
fallen sick in the school. Due to the uncalled behaviour shown by these officers,
Smt. R. Devi was mentally hurt and became unconscious on account of which
she had to be admitted in the District Hospital in an unconscious state and later
on was referred to Gorakhpur Medical College by the Doctors attending on her.
She appealed to the Commission to take action against the wrong Inspecting
Officers.
4.125 The Commission took cognizance of the matter on 26 May 2014 and
obtained a report dated 12 May 2015 from the Secretary, Government of Uttar
Pradesh which revealed that on 23 April 2014 Arjun Singh, Block Education
Officer, Khalilabad had only inspected the school and questioned Smt. Ramraji
Devi, Head Mistress, but there was no harassment on their part. However,
the District Basic Education Officer had not made it clear in his explanation
as to how by mere questioning of the Head Mistress, she became unconscious
to the extent that she had to be rushed to the District Hospital, Sant Kabir
Nagar and later on to the Medical College, Gorakhpur. The report also stated

86
that had there been a discussion with the complainant, Smt. Ramraji Devi,
Chapter - 4
Head Mistress in a cordial atmosphere, such situation would not have arisen.
Therefore, the concerned Block Education Officer and Assistant Coordinator
cannot be discharged from their liability. The report further stated that on 11
May 2015, the District Basic Education Officer was warned and Arjun Singh and
Chandra Shekher, had been admonished and this was intimated to the Director
of Education (Basic), Government of Uttar Pradesh.
4.126 Perusing these reports on 25 May 2015, the Commission observed

that the old woman who had now retired from the Government School was
undoubtedly humiliated to the extent that she became unconscious and had to
be hospitalized, first in the District Hospital and later in the Medical College,
Gorakhpur. The report of the Secretary, Government of Uttar Pradesh, dated 12
May 2015 clearly stated that the concerned Officers were punished for their
misdeeds. The complainant too had alleged that as a result of the unwarranted
behaviour of the public servants, she suffered mental, physical and economic
losses. It was established that the complainant was humiliated by the public
servants, which caused her hospitalization and thus violation of her human
rights. The Commission accordingly issued a notice u/s 18 of Protection of
Human Rights Act 1993, to the Chief Secretary, Government of Uttar Pradesh,
to show cause as to why monetary compensation should not be awarded
to be paid to the victim Smt. Ramraji Devi within six weeks. The Principal
Secretary (Education), Government of Uttar Pradesh, was directed to submit
an action taken report whether any discrepancy arose in the payment of the
salary, pension, gratuity and also on the alleged non-payment/less payment
of the pension, gratuity and salary to Smt. Ramraji Devi. Response of the State
Government is awaited.

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25. Acid Attack on Jagdish Chander in Pilibhit, Uttar Pradesh

(Case No.20006/24/60/2015)
4.127 The complainant, Shri Jagdish Chander, s/o Shyam Lal stated in his
complaint that on the night of 18/19 March 2015 at 00:50 hours, Smt. Manju
Devi, w/o Om Prakash, and Pooja Devi, daughter of Om Prakash threw acid on
him. He sustained burn injuries on the whole body and had been undergoing
treatment in District Hospital, Pilibhit. The complainant requested intervention
of the Commission for action against the accused persons and financial
assistance from the Government.
4.128 The Commission after consideration of the relevant records and reports
received in the matter, observed that Shri Jagdish Chander was an acid attack
victim. Taking reference of the Supreme Court Judgement in Laxmi v. Union of
India, the Commission recommended payment of Rs. 3,00,000/- (Rupees Three
Lakhs only) as after care and rehabilitation cost to the victim Jagdish Chander.
4.129 Proof of payment is awaited.
D. Conditions in Prisons
a) Visits to Jails
4.130 As per Section 12(c) of the Protection of Human Rights Act, 1993, the
Commission can “visit ….. any jail or other institution under the control of
the State Government, where persons are detained or lodged for purposes of
treatment, reformation or protection, for the study of the living conditions of
the inmates thereof and make recommendations thereon to the Government”.
Accordingly, the Chairperson, Members, and senior officers of the Commission
including Special Rapporteurs appointed by it visit various jails and other
correctional institutions in the country throughout the year so as to fulfill its
given mandate.

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4.131 During the period from 1 April 2015 to 31 March 2016, visits undertaken
Chapter - 4
to jails and other correctional institutions by the National Human Rights
Commission were as follows :
S.No. Name of Jail/ Institutions Date of Visit Visited by

District Jail Kangra, Himachal Smt. S. Jalaja, Special
1. 9-14/03/2015
Pradesh Rapporteur
2. District Jail Ghumla, Jharkhand 27/07/2015
Seohar, Sitamarhi and Darbhanga,
3. 15/08/2015
Bihar
4. Central Jail Dhumka, Jharkhand 15/08/2015
5. District Jail Giridih, Jharkhand 13/08/2015
6. Central Jail Faridkot, District Jail 14/08/2015
Muksar and Mansa, Punjab
7. Observation Home for Boys, 16/09/2015
Faridkot District Punjab
8. Kawardha District of 16/09/2015 Shri S. Narayan,
Chhattisgarh Special Rapporteur
9. Kandhmal District Odisha Shri P. P. Mathur
and Shri Damodar
Sarangi, Special
Rapporteurs
Visit to Ludhiana District Female Shri Akhil K. Jain,
10. 14/01/2016
Jail Special Rapporteur
Malerkotla, District Sangrur Jail,
11. 15/01/2016
Punjab
12. District Jail Rohtak, Haryana 02/01/2016
13. District Jail Hissar, Haryana 23/01/2016
Shri S.C. Sinha,
14. Modal Jail Chandigarh 19/01/2016
Member
15. Saharanpur District Jail 19-20/02/2016 Shri Sunil Krishna,
Special Rapporteur
16. Modern Jail District Lucknow 4-5/3/2016 Shri S. C. Sinha,
Member

89
4.132 In addition, the officers from the Investigation Division also visited
Central or State jails for assessing their living conditions as follows :
S.No. Name of Jail Date of Visit Visited by
1. Central Jail Jagdalpur, 05-13 October Shri Rajvir Singh, Dy. Su-
Bilaspur and Raipur, 2015 perintendent of Police &
Chhattisgarh Shri I. P. Singh, Inspector
2. Central Jail, Lucknow 3-7 March 2016 Shri Ravi Singh, Dy.
Superintendent of Police
3. Tihar Jail, New Delhi 16-18 March Shri M.S. Gill, &
2016 Shri Ravi Singh, Dy.
Superintendents of Police
4.133 The reports submitted by the Members, Special Rapporteurs and officers
are placed before the Chairperson or Full Commission and the directions given
thereto are forwarded to the concerned State Government for compliance.
b) Analysis of Prison Population
4.134 The Commission has been deeply concerned about the pitiable condition
of prisons and other detention facilities which are plagued with problems like
severe overcrowding.
4.135 On analyzing the National Crime Records Bureau (NCRB) data for
the year 2015, the problem of overcrowding was observed in large number
of States. The highest number of 88,747 inmates (85,214 males and 3,533
females) were reported from the State of Uttar Pradesh followed by the States
of Madhya Pradesh 38,458 (37,136 males and 1,322 females), Maharashtra
29,657 (28,321 males and 1,336 females), Bihar 28,418 (27,527 males and 891
females) and Punjab 23,645 (22,510 males and 1,135 females) at the end of the
year.

90
4.136 It was observed that the main reason for overcrowding is the
Chapter - 4
increasing number of undertrial prisoners day-by-day and the period for
which they languish in jails is also a very long one. In few cases, it was found
that the undertrials were in judicial custody for years, which is far beyond
the punishment prescribed for any offence under the penal law. The data
collected further shows that States like Uttar Pradesh (62,669) followed by
Bihar (23,424), Maharashtra (21,667), Madhya Pradesh (21,300), West Bengal
(15,342), Rajasthan (14,225), Jharkhand (13,588), Punjab (13,046), Odisha
(12,584), Delhi (10,879) and Haryana (10,489) have the highest percentage of
under trials.
4.137 Comparative analysis of the prison statistics data indicates the continuing
need for all the States to take serious steps to control overcrowding. To reduce
overcrowding, provisions stated in the statutes (in terms of parole, bail,
furlough, short leave and appeal petitions, etc.) should be exercised liberally
by the concerned officers in the jails. Jail Committees may also be constituted,
having representatives from the inmates, to assist the jail authorities in the
completion of such processes.
E. Prison Reforms
a) Constitution of Expert Committee in NHRC for Amendment to Prison
Act, 1894
4.138 In pursuance to the recommendations made in the National Seminar on

Prison Reforms organized by the NHRC in November 2014, the Commission
constituted a Committee of Experts on 18 March 2015 under the chairmanship
Shri Sanjay Kumar, Principal Secretary, Home (Jails), Government of Punjab to
suggest amendments to the Prison Act, 1894, in order to align it with human
rights norms, judgments of the Supreme Court and International Conventions
binding on India. The first meeting of the said Committee took place in the
Commission on 17 July 2015 under the chairmanship of Shri Sanjay Kumar.

91
F. Pilot Study on Undertrials in Uttar Pradesh
4.139 As mentioned in the NHRC Annual Report of 2014-2015, in February

2015, the Commission took up a Pilot Study on Undertrials in collaboration
with the Centre for Equity Studies, New Delhi in five districts of Uttar Pradesh.
These districts are Banda, Ghaziabad, Kheri, Mau and Saharanpur. The main
objectives of the study was to grasp the socio-economic and educational profile
of the undertrials including nature of offences committed by them and the
sections under which their trial is undertaken by the authorities; the causes
of sufferings of undertrials due to the possible inter-play of inadequate legal
representation, institutional biases and deficiencies; and make an overall
assessment of justice given including the mechanisms by which they are denied
timely and quality justice.
4.140 In accordance with the time frame, the Centre for Equity Studies had
submitted the final report of the pilot study, which is being examined by the
Commission.


92
Chapter - 5
Reaching Out
5.1 The NHRC, India, overtime, has developed a robust set of monitoring
mechanisms to oversee civil and political rights as well as matters concerning
social and economic justice. While some of these mechanisms have been
developed based on the mandate accorded to the Commission by the PHR
Act, 1993, others have been developed along the lines of the instruments
and special procedures adopted by the United Nations for human rights
protection, monitoring and promotion. Some of the key mechanisms devised
by the Commission include the Full Commission and Statutory Full Commission
Meetings, Camp Sittings and Open Hearings, engagement of Special Rapporteurs,
and the establishment of Core and Expert groups on a range of human rights
issues.
A. Commission Meetings
5.2 During the year under review, the Full Commission deliberated upon and
decided 493 cases of human rights violations in 49 sittings. In addition, the two
Division Benches considered 496 cases in 45 sittings. Eight cases of Kashmiri
migrants were moreover considered in the open court of the Commission.

93
B. NHRC Camp Sittings and Open Hearings
5.3 The Commission has been organizing camp sittings in State capitals
in order to expedite disposal of pending complaints and sensitize the State
functionaries on critical human rights concerns. During the period under
review, the Commission held Camp Sittings in Thiruvananthapuram, Kerala (8–
10 April 2015) and Hyderabad for the States of Andhra Pradesh and Telangana
(22–24 April 2015). A Single Member Camp Sitting was also held at Puducherry
from 28 to 30 April 2015 by Member Justice Shri D. Murugesan.
5.4 During its three day Camp Sitting at Thiruvananthapuram in Kerala, the
Full Commission headed by the Chairperson Justice Shri K.G. Balakrishnan
heard 19 cases and 05 cases of death in police encounters were taken up in
the sittings of the Division Bench. It expressed its dissatisfaction over the tardy
progress in the setting up of a Tribunal to settle the claims of the victims of
Endosulfan and asked the Government of Kerala to expedite the same.
5.5 During the camp sitting at Hyderabad for the States of Andhra Pradesh
and Telangana, the Commission took up a total of 38 cases, 17 in Full Commission
and 21 in the sittings of two Division Benches. These cases include the matter
pertaining to the death of 20 red sanders during the course of police action in
Chittoor district of Andhra Pradesh on the 7 April 2015.
5.6 The camp sitting at Puducherry held from 28 to 30 April 2015 dealt with
forty-one cases.
5.7 In the past, the NHRC has held Camp Sittings in the States of Uttar
Pradesh, Bihar, Karnataka (Bengaluru for four southern States of Andhra
Pradesh, Karnataka, Kerala and Tamil Nadu), Odisha, Gujarat, Assam, Meghalaya,
Chhattisgarh, Manipur, Madhya Pradesh and Chandigarh (for the States of
Punjab, Haryana, Himachal Pradesh and Union Territory of Chandigarh).

94
5.8 The NHRC held Open Hearings at Thiruvananthapuram, Kerala (8 April
Chapter - 5
2015) and Hyderabad for the States of Andhra Pradesh and Telangana (22 April
2015).
5.9 During its Open Hearing in Thiruvananthapuram, the Commission took

up 85 cases. In most of the cases, the complainants raised their grievances before
the Commission in the presence of concerned authorities. The intervention of
the NHRC resulted in relief for many complainants.
5.10 During its Open Hearing at Hyderabad, the Commission heard a total of
61 cases in three benches respectively.
5.11 So far, such Open Hearings have been held in the States of Odisha, Gujarat,
Tamil Nadu, Rajasthan, Maharashtra, Uttar Pradesh, Madhya Pradesh and at
Chandigarh (for the States of Punjab, Haryana, Himachal Pradesh and Union
Territory of Chandigarh)..
C. Statutory Full Commission Meeting
5.12 To ensure that NHRC, India represents the views of the most vulnerable
sections of society, Section 3 (3) of the PHRA stipulates that the following shall
be deemed to be members of the NHRC for the discharge of functions specified
in clauses (b) to (j) of Section 12 of the PHR Act, 1993:
a) Chairperson of the National Commission for Minorities;
b) Chairperson of the National Commission for the Scheduled Castes;
c) Chairperson of the National Commission for the Scheduled Tribes; and
d) Chairperson of the National Commission for Women.
5.13 All the above, along with the Chairperson and Members of the NHRC,
constitute the Statutory Full Commission (SFC) of NHRC and meets at regular

95
intervals. In addition, the NHRC, India invites the Chairperson of the National
Commission for the Protection of Child Rights (NCPCR) as a ‘Special Invitee’
to all its Statutory Full Commission Meetings as the NCPCR has a considerable
bearing on all issues concerning the rights of children.
5.14 The last meeting of the Statutory Full Commission was held on 3 February
2015. The meeting of the Statutory Full Commission (SFC) was chaired by Justice
Shri K.G. Balakrishnan, Chairperson, National Human Rights Commission and
attended by Justice Shri Cyriac Joseph, Justice Shri D. Murugesan, and Shri S C
Sinha, Members, NHRC, Shri Naseem Ahmed, Chairperson, National Commission
for Minorities (NCM), Shri P L Punia, Chairperson, National Commission for
Scheduled Castes (NCSC), and Shri Ravi Thakur, Vice-Chairperson, National
Commission for Scheduled Tribes (NCST). Shri V S Oberoi, Chairperson,
National Commission for the Protection of Child Rights (NCPCR) attended the
meeting as a Special Invitee.
5.15 A range of issues were discussed in this meeting, including, inter-linking

the Complaint Management Information System of the NHRC with other National
Commissions, independence and autonomy of the National Commissions,
availability of basic infrastructure and resources to all National Commissions
as per their requirements to fulfil, proposal for initiation of quarterly/half
yearly meetings of Senior Executive Officers/Chief Executive Officers of all
Member Commissions, including Special Invitee, National Commission for the
Protection of Child Rights (NCPCR).
5.16 The Statutory Full Commission also approved a proposal to organize

periodic meetings of the Senior Executive Officers/Chief Executive Officers of
Member Commissions of the Statutory Full Commission, including the Special
Invitee, NCPCR.
5.17 The First Secretary Level Meeting of National Commissions under the
chairmanship of Secretary General, NHRC was held on 25 February 2016 to
discuss the issue of iInter-linking the CMIS of the NHRC with the National
Commissions; strengthening convergence between NCPCR and NHRC;
framework to monitor the implementation of the recommendations accepted

96
by the Government of India at the Second Universal Periodic Review, continued
Chapter - 5
cases of violence against women, and effectiveness of the implementation of
Criminal Law (Amendment) Act, 2013.
D. Special Rapporteurs
5.18 The Special Rapporteurs of the Commission are human rights experts
who are specifically appointed with the directive to report and advice on human
rights concerns from a thematic or state-specific perspective. The system of
Special Rapporteurs is a central element of the NHRC machinery and covers all
human rights : civil, political, economic, social and cultural. In addition, they cover
sensitive issues like child labour, bonded labour, disability concerns; etcetera
and spread awareness among the people about the provisions contained in the
PHRA from the point of view of seeking redressal from the NHRC in case of
violation of their rights or that of others. Special Rapporteurs are senior officers
who, prior to their retirement, have served as Secretaries to the Government of
India or Directors General of Police or have done exemplary service in a human
rights related field. A copy of the Special Rapporteurs scheme is posted on the
website of the NHRC - http://www.nhrc.nic.in/Documents/Scheme_and_
Guidelines_for_Engagement_of_Special_Rappoteurs_17_06_2015.pdf
5.19 The Special Rapporteurs in position during the period under report
were :
Sl. Name of Special

Zone/Area Covered
No Rapporteur
1. North Zone-I Shri A.K. Jain, IAS (Retd)
(Punjab, Haryana, Chandigarh, Delhi,
Himachal Pradesh, Jammu & Kashmir
and Uttarakhand)
2. North Zone-II Shri Sunil Krishna, IPS
(Uttar Pradesh) (Retd.)

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Sl. Name of Special

Zone/Area Covered
No Rapporteur
3. West Zone
(Maharashtra, Goa, Gujarat, Dadra & Vacant
Nagar Haveli and Daman & Diu)
4. Central Zone-I Shri Gopo Bihari Panda

(Madhya Pradesh, Chhattisgarh and
Rajasthan)
5. Central Zone-II Smt. S. Jalaja, IAS (Retd.)
(Bihar and Jharkhand)
6. East Zone-1 Shri Damodar Sarangi,
(West Bengal, Odisha, Andaman & IPS (Retd.)
Nicobar Islands.)
7. South Zone-I Shri Jacob Punnoose, IPS
(Tamil Nadu, Puducherry, Kerala & (Retd.)
Lakshadweep)
8. South Zone-II Lt. Gen. (Retd.) P.G. Kamath,
(Andhra Pradesh, Telangana and
Karnataka
9. North Eastern Zone-I Vacant
(Nagaland, Manipur, Mizoram & Tripura)
10. North Eastern Zone-II Shri Anil Pradhan, IPS
(Assam, Meghalaya, Sikkim & Arunachal (Retd.)
Pradesh)
11. Bonded Labour / Child Labour Dr. Ashok Sahu, IES (Retd.)
E. Core and Expert Groups
5.20 Core and Expert Groups consist of eminent persons or subject experts or
representatives of Government or technical institutions or non-governmental
organizations in a given field required by the Commission, be it health, mental

98
health, disability, bonded labour, etc. These Groups render expert advice to
Chapter - 5
the Commission as per their expertise. Some of the important Core and Expert
Groups that functioned in the NHRC during 2014-2015 were :
• Core Advisory Group on Health

• Core Group on Mental Health
• Core Group on Disability
• Core Group on NGOs
• Core Group on Lawyers
• Core Group on Right to Food
• Core Group on Protection and Welfare of Elderly Persons
• Core Advisory Group on Bonded Labour
• Expert Group on Silicosis
• Expert Group on Emergency Medical Care
5.21 Meetings of the Core and Expert Groups are called by the NHRC
periodically at regular intervals or as and when deemed necessary, in the
Commission. The details of some of the Core and Expert Group meetings held
in the Commission during the period under review are given in subsequent
chapters of the Annual Report where these issues have been taken up.
Meeting of Core Group of NGOs
5.22 In pursuance of Section 12 (i) of the Protection of Human Rights Act,

1993, the Commission, right from its inception, has been encouraging the
efforts of non-governmental organizations and institutions working in the field
of human rights. The Commission associates and partners with reputed NGOs
in various programmes, projects initiated by it in the area of human rights
awareness.

99
5.23 In order to facilitate its interaction with the NGOs and civil society
organizations, the Commission constituted a Core Group of NGOs on 17 July
2001. The Group was last reconstituted on 16 September 2011 with 11
members. The last meeting of the Core Group was held on 22 March 2013 in
the Commission. Several issues relating to various aspects of human rights
and awareness as suggested by Members of the Core Group were discussed
such as, continued hunger strike by Ms. Irom Chanu Sharmila, a Manipuri
activist and Poet; enactment of Prevention of Torture Bill, 2010; maintaining/
uploading of proceedings of NHRC; denial of access to file mercy petitions to
the President of India; children living with mothers in jails and visits to jails
and legal aid to weaker sections; negligence in prevention of violation by a
public servant; intervention in legal proceedings with the approval of Court;
illegal eviction of 5,000 people at EWS Quarters, Bangalore; pending cases
of STF in Karnataka; follow-up of National Conference on Human Rights
Education held on 14 December 2012; amendments in Criminal Law; rescue
and rehabilitation of missing children; and progress on declaration of District
Courts as Human Rights Courts.
5.24 During the period under review, the matter regarding reconstitution
of the Core Group of NGOs was again under consideration of the Commission
for giving wide representation to credible NGOs from diverse fields of human
rights across the country.


100
Chapter - 6

101

102
Chapter - 6
Right to Health
6.1 Right to health is universally recognized as fundamental to human dignity

and well-being. This means that everyone has the right to the highest attainable
standard of physical, mental and social well-being and not merely the absence
of disease or infirmity. In other words, it includes access to all medical services,
sanitation, adequate food, decent housing, healthy working conditions, and a
clean environment. Right to health also entails that access to health care must
be universal, guaranteed for all on an equitable basis. It must be affordable
and all-inclusive for everyone, and physically accessible too when and where
needed. In addition, there should be adequate health care infrastructure, that
is, hospitals, community health centres, primary health centres, sub-centres,
medicines, medical equipments, laboratories, trained health care professionals,
para-professionals, etc. available in all geographical areas so as to reach out to
all communities. Not only this, the health care system must be accountable to
the people it serves and must be responsive to the needs based on gender, age,
culture, language, income, social status and different ways of life and abilities,
respecting medical ethics and confidentiality.
6.2 The right to health is guaranteed by international human rights treaties

and declarations, including the Universal Declaration of Human Rights (Article
25), International Covenant on Economic, Social and Cultural Rights (Article 12),

103
Convention on the Elimination of all Forms of Racial Discrimination (Article 5),

Convention on the Elimination of all Forms of Discrimination Against Women
(Articles 12 & 14), Convention on the Rights of the Child (Article 24) and the
Convention on the Rights of Persons with Disabilities (Article 25). In addition,
the treaty bodies that monitor the International Covenant on Economic,
Social and Cultural Rights, the Convention on the Elimination of All Forms of
Discrimination against Women and the Convention on the Rights of the Child
have adopted General Recommendations or General Comments on the right to
health and health related issues. These provide an authoritative and detailed
interpretation about the provisions found in their respective treaties. All these
Conventions have been endorsed by the Government of India.
6.3 The right to health is also recognized by national constitutions around

the world including by the Constitution of India. The Supreme Court of India
has interpreted right to health as an essential constituent of right to life. Since
the time the National Human Rights Commission (NHRC) came into existence
in October 1993, it has been monitoring the issue of right to health with the aim
of ensuring that all health services and facilities are not only of good quality
and provided without discrimination but easily available, accessible and
affordable to the people across the country, especially to those who are poor
and vulnerable. The given Chapter throws light on the work undertaken by the
Commission on right to health during 2015-2016.
A. Silicosis
6.4 The NHRC organized a one-day National Conference on Silicosis in New

Delhi on 25 July 2014. The Conference deliberated on three major themes in
three plenary sessions as follows:
Session-I : Existing Status of Silicosis and Implementation of NHRC
Recommendations on Preventive, Remedial, Rehabilitative and
Compensation Aspects of Silicosis & Other Initiatives/Best
Practices Undertaken

104
Session-II: Narration of Ground Realities – Perspective of Civil Society
Chapter - 6
Regarding Way Forward
Session–III:
Silicosis: Occupational Safety, Health, Welfare and Other
Legislations and Regulations.
6.5 Based on the deliberations held in the three plenary sessions,

20 recommendations emanated from the National Conference. These
recommendations were reported in the NHRC Annual Report 2014-2015 under
Chapter 6 titled as “Right to Health”. These recommendations were forwarded
to the Chief Ministers of all the States and Union Territories in October 2014
by the then Chairperson of the Commission with the request that these be
taken up on priority by the respective Governments for implementation and
the Commission be informed of the action taken. Subsequently, a reminder was
issued to the Chief Secretaries of all the States and Union Territories who had
not forwarded their action taken report in the matter. The States and Union
Territories who had forwarded their action taken reports to the Commission are
Assam, Chhattisgarh, Daman & Diu, Gujarat, Goa, Himachal Pradesh, Haryana,
Jharkhand, Maharashtra, Madhya Pradesh, Manipur, Nagaland, Puducherry,
Tripura and West Bengal. The Chief Secretaries of the remaining States and
Union Territories were again reminded on 24 February 2016 to send their
action taken reports to the Commission at the earliest so that medical facilities
and rehabilitation services are provided to the afflicted workers and their
families.
B. NHRC Acting Chairperson Attends a Function on

Occupational Health
6.6 Justice Shri Cyriac Joseph, Acting Chairperson, NHRC from 12 May 2015
to 28 February 2016, inaugurated and attended a function on “Occupational
Health : From Statutory Compliance to Salutary Performance – Challenges

105
and Opportunities” organized by the Indian Association of Occupational

Health (West Bengal) in Kolkata on 15 July 2015. The event was organized in
collaboration with the Labour Department of the Government of West Bengal
and the National Safety Council as part of the observance of the National
Occupational Health Day.
6.7 Addressing the gathering, as the Chief Guest, Justice Shri Cyriac Joseph
lauded the initiatives of the Doctors for bringing the State Government on
board over the issue of occupational health. He said that such programmes
help in creating awareness and motivating people to promote the importance
of occupational health. He emphasized the need for proper implementation of
the law, so that the law does not remain a dead letter on paper.
6.8 Shri Barun Kumar Sikdar, President, Indian Association of Occupational

Health; Shri R. C. Dutta, Director of Factories, Government of West Bengal; Shri
Amitava Sarkar, Director of Indian Institute of Social Welfare and Business
Management; and Shri Gautam Ray, Chairman, National Safety Council were
among the other prominent speakers.
C. NHRC Western Region Public Hearing on Right to Health

Care
organized by the NHRC in collaboration with the Union Ministry of Health and
Family Welfare, Government of India; Public Health Resource Society, New
Delhi and Jan Swasthya Abhiyan, a civil society network in Mumbai on 6 and 7
January 2016. The Regional Hearing covered the States of Gujarat, Maharashtra
and Rajasthan. Government health officials from these States as well as a large
number of non-governmental and civil society organizations participated
in the Regional Public Hearing. The Ministry of Health and Family Welfare,
Government of India was also represented in the Hearing.

106
6.10 The main objective of the Western Region Public Hearing was to make an
Chapter - 6
assessment of human rights violations in public health care services and draw
the attention towards key systemic and policy issues, and in the process come
up with requisite recommendations ensuring protection of health rights of the
people.
6.11 During the said regional public hearing, all instances of individuals/
groups having suffered serious denial of their right to healthcare from a public
health facility, or in context of publicly funded health insurance schemes, or
in context of public-private-partnership (PPP) healthcare arrangements were
taken up for hearing by a panel consisting of the Commission and health
experts in the presence of various State health officials, non-governmental and
civil society organizations. Cases of violation of health rights due to structural
deficiencies or systemic gaps in public health services were also taken up.
6.12 On the first day of the Regional Public Hearing, out of 106 cases, the
Commission took up 88 cases (Maharashtra – 38, Gujarat – 30 and Rajasthan
– 20) in three separate Benches presided over by Justice Shri Cyriac Joseph,
Acting Chairperson, NHRC; Justice Shri D. Murugesan, Member, NHRC and Shri
S. C. Sinha, Member, NHRC. Justice Shri Bannurmat, Chairperson, Maharashtra
State Human Rights Commission was part of the Bench of Justice Shri Cyriac
Joseph during the Hearing. Eighteen cases from the State of Maharashtra could
not be taken up due to paucity of time.
6.13 The Commission recommended compensation to the tune of

Rs.4,25,000/- (Rupees Four Lakhs and Twenty-five Thousand only) in five cases.
These included cases of amputation of limb because of medical negligence
and delay in treatment; mental agony and trauma faced by a woman and child
because of wrong HIV report; and taking of a patient to a private hospital by
an Ambulance Doctor without consent on account of absence of PHC Doctor.
Show cause notices were issued in three cases to the Government of Rajasthan

107
as to why compensation should not be recommended to be paid to the victim

or their next-of-kin. The Commission further directed the State Governments
to conduct detailed enquiries in a number of cases.
6.14 On the second day, case studies and presentations on a range of

systemic issues were made by the representatives of non-governmental and
civil society organizations before the Commission and the State officials. The
recommendations emanating out of the deliberations that took place on the
second day of the Hearing were later finalized by the Commission in its meeting
held on 16 February 2016 with the direction that these be collated State-wise
and forwarded to the concerned State Government for necessary action at their
end. These recommendations are at Annexures 8, 9, and 10. So far there has
been no response from the concerned State Governments. The Commission once
again requests the State Governments of Gujarat, Maharashtra and Rajasthan
to comply with its recommendations so that the health rights of people are
taken care of.
D. Illustrative Cases on Health Dealt by NHRC

1. Suo motu Cognizance of a News Item Reporting Delivery of Stillborn Baby
Done by Helpers at Government Sub-Division Hospital, Amarpur, Tripura
(Case No.1691/23/3/2013)
6.15 The Commission on 10 June 2013 took suo motu cognizance of a news
item captioned “Baby Stillborn as Delivery is Done by ‘Helpers’” that appeared
in ‘The Hindu’ dated 4 June 2013. The report alleged that the baby was stillborn
due to wrong handling by helpers in the absence of the concerned Doctor,
who chose not to perform the delivery, at Sub-Division Hospital, Amarpur a
Government hospital in south Tripura on 3 June 2013.

108
6.16 The Commission issued notice to the Secretary (Health), Government
Chapter - 6
of Tripura to submit a report in the matter and also directed to inform the
Commission about the nature of facilities and the number of medical and
paramedical staff available in the hospital besides average number of patients
visiting the hospital per day.
6.17 Pursuant to directions of the Commission, the report received from the
State Government of Tripura indicated that the unfortunate incident of Smt.
Sita Das was result of non-communication between health personnel and
relatives of the patient and that there was no negligence as such in the care of
the patient. In fact, the lack of professionalism and lack of Staff Nurse for labour
room duty led to this episode.
6.18 The Commission on consideration of the matter on 8 June 2015 observed

that it was the duty of the Doctor to inform the patient or her relatives about
the suspected intrauterine foetal death at the time of admission in the hospital
which led to the whole chaos and this indicates that the patient was not attended
properly by the Doctor and Nurses of the hospital and thus it is a clear case of
violation of human rights of the victim Smt. Sita Das.
6.19 In response to the show cause notice issued u/s 18 of the Protection
of Human Rights Act, 1993 the Government of Tripura submitted that it was
not a case of negligence on the part of the Doctor and hence not a case of
violation of human rights. The Commission on 29 March 2016 observed that
the Commission on 8 June 2015 had categorically observed that it was the
duty of the Doctor to inform the patient or her relatives about the suspected
intrauterine foetal death at the time of admission in the hospital. Therefore the
Commission is of the view that Smt. Sita Das is entitled to get compensation for
violation of her human rights and recommended Rs.10,000/- to be paid to her
by the Government of Tripura. The compliance report is awaited.

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2. Death of Infants due to Medical Negligence at Community Health Centre,

Jugsalai in Jamshedpur, Jharkhand
(Case No. 130/34/6/2014)
6.20 The Commission received a complaint dated 15 January 2014 from

one Satyender Singh alleging that at the Community Health Center, Jugsalai,
Jamshedpur, four new born infants died during intervening night of 14/15
December 2013 due to non-availability of Doctor and negligence of the Officer-
In-Charge at the Community Health Centre, Jugsalai. The complainant vide
his letter dated 22 September 2014 further submitted that authorities are
manipulating the case in order to save the guilty officers. The complainant
prayed for independent and impartial enquiry in the matter.
6.21 In response, the Deputy Secretary, Department of Health, Education

and Family Welfare, Government of Jharkhand vide his communication dated
14 October 2014 submitted that all the newly born infants were in good
health at the time of their birth but due to negligence of Officer-In-Charge at
the Community Health Centre, Jugsalai they died. As the Duty Chart was not
prepared by the Officer-In-Charge, no Doctor was available on Sunday. Baby
warmer was also not available at the Community Health Centre, Jugsalai and
hence the Officer-In-Charge was held responsible for the incident.
6.22 The Commission issued a notice dated 21 March 2015 to the

Chief Secretary, Government of Jharkhand to show cause, why monetary
compensation of Rs.1,00,000/- each, shall not be granted to next-of-kin of four
deceased children as per Section 18 of the Protection of Human Rights Act,
1993. Pursuant to the directions of the Commission, the Under Secretary, Home
Department, Government of Jharkhand vide communication dated 21 July 2015
submitted that during the enquiry, it was found that four newly born infants had
died at the Community Health Centre, Jugsalai on 14 December 2013 and the
incident was kept under wraps for four days. The matter was informed to the

110
Civil Surgeon on 17 December 2013 who conducted an enquiry. It was stated
Chapter - 6
that ‘Radiant warmers’ had been purchased and installed at the Community
Health Center. The then Officer-In-Charge at the Community Health Centre,
Jugsalai was found guilty and departmental proceedings were in progress.
6.23 The Commission upon further consideration of the matter observed

that admittedly, there was negligence on the part of the State of Jharkhand to
provide basic amenities at the Community Health Centre, Jugsalai for proper
medical treatment. Dereliction of duties on part of a public servant had also
been disclosed which resulted in the death of four newly born babies at the
Community Health Centre, Jugsalai, Jharkhand. The Commission, taking a
serious note of such human rights violation caused at the hands of government
agencies, recommended that monetary compensation of Rs. 1,00,000/- each,
be granted to next-of-kin of the four deceased infants as per Section 18 of
the Protection of Human Rights Act,1993 by the State of Jharkhand, the Chief
Secretary, Government of Jharkhand was directed to submit his compliance
report along with the proof of payment. The compliance report is awaited.
3. A Woman Patient Faced Trauma and Mental Agony due to Wrong HIV
Report Given by Sub-District Hospital, Indapur Taluka of Pune District,
Maharashtra
(Case No. 2839/13/23/2015)
6.24 The complainant alleged that one Smt. Sheetal Raju Bankar had to face
severe difficulties and mental agony because she was given wrong HIV report.
6.25 In response to the directions of the Commission, it was reported that

the Laboratory Technician gave her a wrong HIV report and later submitted an
apology for the same.
6.26 The Commission observed that the victim had to undergo trauma, mental
agony, and other difficulties due to negligence of staff and recommended
payment of Rs. 1,00,000/- (Rupees One Lakh only) to the victim as compensation.
6.27 Compliance report along with proof of payment is awaited.

111
4. Right Foot of Suresh Dharamdas Naik Amputated due to Negligence of

Doctors in District Hospital Nandurbar, Maharashtra
(Case No.2851/13/36/2015)
6.28 In the given case, the complainant alleged that right foot of one Suresh
Dharamdas Naik had to be amputated because of the negligence shown by the
Doctor.
6.29 On perusal of the records and the reports received, the Commission
observed that had the surgery been conducted earlier, the harm caused to the
patient could have been averted.
6.30 The Commission, as a result, recommended to the Government of

Maharashtra to provide artificial limb to the victim and pay him Rs. 2,00,000/-
(Rupees Two Lakhs only) as compensation.
6.31 Compliance report along with the proof of payment is awaited from the
State Government.
5. One-year Child Loses Finger at Government Hospital in Barmer District,

Rajasthan
(Case No. 791/20/4/2013)
6.32 The Commission came across a press report captioned “Sweeper plays
doctor, cuts off baby’s finger” published in the ‘Times of India’ dated 10 April
2013. The press report alleged that a one-year child named Sadiq lost a finger
of his right hand when a Sweeper tried to remove a device inserted in his wrist
for administering intravenous fluids at the Government Hospital in Barmer.
The press report stated that the child was admitted in the hospital after a
sudden fever. After recovery, he was to be discharged when his father asked the
hospital staff to remove the intracath so that Sadiq could be taken home. It was
alleged that Sadri Lal, the Ward Sweeper, was acting on the orders of a Male

112
Nurse. After initial efforts to take out the intracath device proved futile, Sadri
Chapter - 6
Lal picked up a pair of scissors lying nearby. While trying to take the adhesive
tapes off the intracath with the scissors, he chopped off the child’s finger.
6.33 After taking suo motu cognizance on 11 April 2013, the Commission
called for reports from the Secretary, Ministry of Health & Family Welfare,
Rajasthan and the Superintendent of Police, Barmer, Rajasthan.
6.34 Pursuant to the directions of the Commission, the Superintendent of

Police, Barmer on 22 May 2013 submitted that SHO Kotwali Barmer recorded
the statement of Dr. Hemraj Soni and Meer Mohamed Multani, Principal G.N.M.
Training Centre, Barmer. From the enquiry it was revealed that Asib, s/o Allah
Rakha, aged about 18 months was admitted in Hospital on 4 April 2013 and was
discharged on 4 August 2013. While removing the intracath, a finger of right
hand of the child was cut-off. He was again admitted in the hospital. This was
done by the Sweeper of the hospital. The hospital administration also initiated
departmental inquiry against the said sweeper.
6.35 It was further informed that the father of the victim had not lodged any
report at the police station.
6.36 Upon consideration of the report, the Commission vide its proceedings
dated 10 July 2014 observed and directed as under:
“The Commission is of the view that even if the father of the child has
not lodged any report, it is the duty of the District Superintendent
of Police to order registration of FIR on the basis of press clipping
submitted by the complainant.
District Superintendent of Police, Barmer be asked to order

registration of FIR against Badrilal and apart from departmental
action the case be investigated and outcome of investigation be
submitted to the Commission within six weeks.

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Since the hospital administration has found Sadrilal responsible for

amputation of the right hand finger, it is a carelessness on the part
of Sadrilal and it is a case of violation of human rights of the child.
Accordingly, it is directed that a notice u/s 18(a)(i) of the Protection

of Human Rights Act, 1993 be issued to the Chief Secretary,
Government of Rajasthan to show cause as to why the victim be not
monetarily awarded interim relief. Response be submitted within
six weeks.”
6.37 In response, a detailed report was furnished by the Superintendent of

Police, Barmer wherein it was stated that certain actions had been taken against
the persons responsible for the incident. It was also stated that the District
Collector, Barmer had provided a financial assistance of Rs.10,000/- (Rupees
Ten Thousand only) to the victim child.
6.38 The Commission opined that the amount paid to the victim child was
too meager and the said financial assistance needed to be enhanced. Hence,
the Commission vide its proceedings dated 28 March 2016 recommended to
the Government of Rajasthan through its Chief Secretary to pay a further sum
of Rs. 40,000/- (Rupees Fourty Thousand only) apart from the amount already
paid to the victim child. The Chief Secretary, Government of Rajasthan was
asked to pay the aforesaid compensation and furnish compliance report to the
Commission.
6.39 The recommendation of the Commission is yet to be complied with by

the State Government.
6. Death of an Infant in District Hospital Balia, Uttar Pradesh

(Case No. 25612/24/10/2013)
6.40 The Commission took suo motu cognizance of a distressing news report
telecast on NDTV with regard to death of an eight month old infant admitted

114
to District Hospital in Balia, Uttar Pradesh where a rickshaw-puller allegedly
Chapter - 6
administered an injection on the infant as per the advice of the Doctor present
on duty. The infant died immediately after administration of the injection.
Notices were issued to the State authorities for calling of reports.
6.41 The Superintendent of Police, Balia vide communication dated 8 August

2013 forwarded a report stating that Case Crime No. 384/2013 u/s 304 IPC
and 15(2)(3) Indian Medical Council Act was registered at the Police Station
against Dr. Vinesh Kumar, Pharmacist Srikant and Bechu on the complaint of
Smt. Sapna Singh, the grandmother of the victim. The Superintendent of Police,
Balia further reported that chargesheet had been filed against accused Srikant
and Bechu and the same was pending trial. Dr. Vinesh Kumar was not found
guilty in the incident.
6.42 The Chief Medical Officer, Balia vide his letter written in August 2013
reported that Srikant, the Chief Pharmacist was prima facie found guilty by the
Director General, Medical Health Services, Government of Uttar Pradesh. He
also was suspended and departmental action was recommended against him.
Besides, FIR was registered against Dr. Vinesh Kumar, Chief Pharmacist and
the rickshaw puller. The CMO, Balia reported that Srikant, Chief Pharmacist,
District Hospital, Balia continued to be under suspension and a chargesheet
too had been served to him.
6.43 Further, inquiry into the incident was made by a three-member

committee comprising Dr. P.K. Singh Gehlot, Dr. Arvind Kumar Singh and Dr.
Tanvir Afroz. The Committee found that the Doctors were competent to treat
the child and the medicines prescribed by them were also appropriate. They,
however, concluded that the person who had administered the injection was an
outsider and it could not be said whether he was duly trained or not.
6.44 The Commission considered the matter on 9 February 2015 and found
it to be a fit case to issue notice to the State Government as life of an infant had

115
been lost due to the negligence of the authorities of the District Hospital. The
Commission thus issued a notice u/s 18 of the Protection of Human Rights Act,
1993 to the Government of Uttar Pradesh to show cause why in the established
facts and circumstances of the case, the Commission should not recommend
grant of “monetary relief” to the next-of-kin of the deceased child. The Chief
Secretary, Government of Uttar Pradesh was asked to respond to the show
cause notice within six weeks.
6.45 When no response was received from the Chief Secretary, the Commission
vide its proceedings dated 31 August 2015 observed and directed as under:
“It can, therefore, be reasonably presumed that the State

Government has no objection against grant of monetary relief. Even
otherwise, it is conclusively established by the various reports that
the hospital staff did not show the required sensitivity and care
while treating the infant. Administration of injection by an outsider
is conclusive proof of gross negligence on the part of the hospital
staff. Considering all the facts and circumstances, the Commission
recommends to the Government of Uttar Pradesh to pay a sum of Rs.
2,00,000/- (Rupees Two Lakhs only) as monetary relief to the next-
of-kin of the deceased child Ajay. The Chief Secretary, Government
of Uttar Pradesh shall submit compliance report with proof of
payment within eight weeks.”
6.46 The compliance report along with the proof of payment is awaited from
the State Government.
7. Denial of Adequate Health Care Leads to Death of a Class-III Student and

Indisposition of Five Other Students Residing in School Hostel in Keonjhar
District, Odisha
(Case No.4724/18/7/2014)
6.47 The Commission received a complaint dated 26 November 2014 from Dr.
Subash Mohapatra, Executive Director, Global Human Rights Communications,

116
alleging that Ritesh Nag, a Class-III student residing in the school hostel for the
Chapter - 6
Scheduled Castes and the Scheduled Tribes in Keonjhar District of Odisha died
due to denial of adequate health care on 25 November 2014. It was alleged that
along with Ritesh, five other school children residing in the hostel had fallen ill
and were not given appropriate medical treatment and care. The police did not
make proper investigation on the death of the child and the role of the school
authorities. The complainant sought enquiry and compensation to the next-of-
kin of the victim who lost his life.
6.48 The Commission took cognizance of the matter on 9 December 2015 and
obtained a report dated 1 May 2015 from the Addl. Secretary to the Government
of Odisha, Department of School & Mass Education which revealed that the
incident occurred due to the lapses on the part of the Assistant Superintendent,
that is, Smt. Ramamani Mohanty, who was an Assistant Teacher and Shri Prafulla
Kumar Barik, the Headmaster of up-graded High School Balagoda, both of
whom were placed under suspension and disciplinary proceedings were also
initiated against them. Action was further being taken to place the Assistant
Block Education Officer, Shri Artatrana Pradhan under suspension along with
disciplinary proceedings under Rule 12 of OCS (CC&A) Rules, 1962, for lack of
supervision and dereliction of duty. The report stated that as per enquiry report
of Sub-Collector, Champua, the death of Ritesh Nag had occurred because of
diarrhoea coupled with anaemia and malaria. The parents of the deceased boy
had already been compensated by way of Rs.5,000/- from the Junior Red Cross
Fund; Rs.10,000/- from the school authorities and Rs.1,00,000/- as ex-gratia
from the District Welfare Officer, Keonjhar. In a joint enquiry further conducted
on the death of Ritesh Nag, some deficiencies were found in the hostel campus.
No sufficient space was available inside the hostel for free movement of 150
boarders. The double decker cots were kept in a single room due to want of
rooms inside the hostel. They found acute scarcity of drinking water. No tube
well was functioning and the water table of the sanitary well had receded

117
considerably creating problem for supply of water. The special repair of PSH
building was incomplete. The sanitation was not as per required standards.
6.49 Considering the report on 15 October 2015, the Commission noted that
the death occurred due to negligence in supervision and monitoring of the
hostel infrastructure. The negligence of the hostel staff was established and the
Government of Odisha too was vicariously liable. The ex-gratia amount released
to the next-of-kin of the deceased was inadequate. Accordingly, the Commission
issued a notice u/s 18(a)(i) of the Protection of Human Rights Act, 1993 to the
Government of Odisha, through its Chief Secretary, to show cause, as to why
additional monetary relief of Rs. 85,000/- (Rupees Eighty-five Thousand only)
should not be recommended to be paid to the next-of-kin of the deceased Ritesh
Nag. The Addl. Secretary to the Government of Odisha, Department of School
& Mass Education, was directed to send a report regarding the current status/
outcome of the disciplinary proceedings initiated against the erring officials of
Balagoda Upgraded High School and the action taken on the recommendations
of the joint enquiry team. Their response is awaited by the Commission.
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Chapter - 7
Right to Food
7.1 Right to food is an essential component of right to life, which is a
Fundamental Right under Article 21 of the Constitution of India. Article 47 of
the Constitution also states that it is the primary duty of the State to raise the
“level of nutrition and the standard of living of its people” and “the improvement
of public health”. Article 21 read along with Article 47 of the Constitution
makes the State duty bound towards its obligations in effective realization of
right to food of people of the country. India is an active member of the United
Nations and is a State Party to the International Covenant on Economic, Social
and Cultural Rights. This all the more casts an obligation on the Government to
respect, protect and fulfil the right to food of every citizen of India.
7.2 It would be relevant to mention here the United Nations Sustainable

Development Goals (SDGs) that promises to transform the world by 2030, have
also been endorsed by the Government of India. These, 17 goals, offer a vision of
more prosperous, peaceful and sustainable world in which no one is left behind.
They seek to build on the 2000 Millennium Development Goals and complete
what they did not achieve. Not only this, they seek to realize the human rights
of all and achieve gender equality and the empowerment of all women and
girls. They are integrated and indivisible and balance the three dimensions of
sustainable development : the economic, social and environmental.

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7.3 SDG 1 (End Poverty), SDG 2 (Zero Hunger) and SDG 12 (Sustainable
Consumption and Production) are specific goals towards ending poverty in all
its forms; ending hunger, achieving food security and improved nutrition, and
promoting sustainable agriculture; and ensuring sustainable production and
consumption patterns, along with its prescribed targets, thereby ushering in
a new era of sustainable development. Without these, the full range of SDGs
cannot be achieved. At the same time, achieving the other SDGs will pave the
way for ending hunger and extreme poverty. In addition, the battle to end
hunger and poverty must be principally fought in rural and tribal areas, which
is where almost 80 per cent of the hungry and poor live.
7.4 The Government of India is implementing food, livelihood and social

security programmes, such as the Integrated Child Development Services
(ICDS) Scheme, Mid-day Meal Scheme (MDMS), Mahatma Gandhi National
Rural Employment Guarantee Scheme (MGNREGS), National Social Assistance
Programme (NSAP) and Public Distribution System (PDS), supporting
vulnerable people so that they can have access to basic needs, especially food.
7.5 The judgement of the Supreme Court of India in People’s Union for Civil
Liberties vs. Union of India and Ors. case is till date an important judicial ruling
protecting the right to food. The case dares to challenge the failure on part of
the Government to address hunger and starvation deaths. The Supreme Court
expanded the original reach of the case by focusing on larger systemic issues of
food insecurity, poverty and unemployment. In the given case, the Court issued
a series of interim orders recognizing the constitutional right to food as flowing
from the right to life and providing directives on proper implementation of
various programmes like the MDMS, ICDS and the PDS. It also ordered the
creation of a new accountability mechanism, like Commissioners, for monitoring
and reporting on compliance with the court orders.

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7.6 The above case made a significant impact on realization of right to food in
Chapter - 7
India hence paving the way for the enactment of the National Food Security Act
(NFSA), 2013. As per the NFSA, every eligible household is entitled to receive
five kilograms of foodgrains per person per month at subsidized prices (` 3, ` 2
and ` 1 per kg for rice, wheat and coarse grains respectively) under the Targeted
Public Distribution System (TPDS). Households covered under Antyodaya
Anna Yojana (AAY) shall be entitled to thirty-five kilograms of foodgrains
per household per month at the prices specified. The NFSA further makes
provision for nutritional support to pregnant women and lactating mothers
as well as children through the ICDS and MDMS. In case of non-supply of the
entitled quantities of foodgrains or meals to entitled persons, a provision has
been made to give food security allowance to each of them from the concerned
State Government as prescribed by the Central Government. The NFSA called
upon each State Government to prepare guidelines so as to identify priority
households including those to be covered under the AAY. The timeframe given
for this was one year, which was extended by three months and again extended
by six months, that is, up to 4.4.2015.
7.7 As per information provided by the Department of Food and Public

Distribution, Ministry of Consumer Affairs, Food and Public Distribution,
Government of India to the NHRC on 22 January 2015, “So far, 11 States/
UTs viz., Haryana, Rajasthan, Delhi, Himachal Pradesh, Punjab, Karnataka,
Chhattisgarh, Maharashtra, Chandigarh, Madhya Pradesh and Bihar have
informed their readiness to implement the Act, and, foodgrains under the
Act have been allotted to them”. As per latest information available on the
website of Department of Food and Public Distribution (http://dfpd.nic.in/
writereaddata/images/COMPILATION-E-BOOK.pdf) elucidating its significant
activities and achievements, it is stated that “By the end of 2015, the number of
States/UTs implementing the Act has increased to 25”. It is furthermore stated

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that “During 2015, digitization of ration cards has been completed in 34 States
while it was just 19 in the beginning of the year, the number of States with
online foodgrains allocations increased from 9 to 19 during the year and online
grievance redressal has been introduced by 36 States/UTs. Direct cash transfer
of food subsidy to the beneficiaries started in Chandigarh and Puducherry in
September, 2015”.
7.8 In consonance with the constitutional provisions, the National Human

Rights Commission, ever since it came into being in October 1993, has
consistently maintained that the right to food is intrinsic to living a life with
dignity. Moreover, it has expressed that right to food includes nutrition at an
appropriate level and these levels must be met and not remain a theoretical
concept. There is thus an accompanying need for a paradigm shift in public
policies and relief codes in this respect. In 1996, the Commission took
cognizance of starvation deaths in Kalahandi, Bolangir and Koraput (KBK)
Districts of Odisha as these constituted a gross denial and violation of right
to life. From 2008 onwards, it embarked upon Human Rights Awareness and
Facilitating Assessment and Enforcement of Human Rights Programmes in
Selected 28 Districts of India, wherein one of the essential components is
monitoring of the food security system. It has also constituted a Core Advisory
Group on Right to Food comprising experts from across the country. The Core
Group has deliberated upon many issues of concern impacting on right to food
from time to time including the draft National Food Security Bill.
7.9 The NHRC also organized a one-day Conference on Right to Food in New
Delhi on 4 January 2013. The Conference made recommendations relating to
two specific heads: (i) Food Availability including PDS & National Food Security
Bill, and (ii) Nutritional Issues including Programmes like ICDS, MDMS, etc.
These were later forwarded to all concerned including State Governments for
information and necessary action.

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7.10 As part of the second cycle of the universal periodic review undertaken
Chapter - 7
by the Human Rights Council of the United Nations in 2012, the NHRC as a
follow-up towards that took the responsibility of monitoring all the 67
recommendations accepted by the Government of India which included two
specific recommendations on right to food. These two recommendations were –
(i) “Introduce a strategy to promote food security”, and (ii) “……. continue efforts
and undertake measures to adopt the bill on food security and strengthen the
Public Distribution System (PDS)”.
7.11 As the NFSA was enacted in 2013, the NHRC intends to rigorously monitor
the implementation of the provisions of the Act in the country. The NHRC also
held a meeting with the Joint Secretary of the Department of Food & Public
Distribution, Ministry of Consumer Affairs, Food & Public Distribution on 22
January 2015. In the said meeting, the concerned Joint Secretary apprised the
Commission about the developments that had taken place after the enactment
of the NFSA, 2013 such as computerization of TPDS in the country, measures
to strengthen its monitoring and vigilance, along with sharing of best practices
in implementation of TPDS in States and Union Territories. However, NHRC
is of the view that there is need for a comprehensive discussion with all the
stakeholders, especially, the States and Union Territories on the obstacles and
hurdles being faced in the way of effective implementation of the Act, which
is so important to ensure food and nutritional security to the people of the
country.
7.12 During the period under report, the subsequent activities were
undertaken in the Commission.
A. Meeting of NHRC Reconstituted Core Advisory Group on

Right to Food
7.13 The first meeting of the reconstituted Core Advisory Group on Right to
Food was held in the Commission on 14 March 2016 under the chairmanship

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of Justice Shri Cyriac Joseph, Member, NHRC. The meeting was also attended
by Shri S. C. Sinha, Member, NHRC having the overall responsibility of “Right to
Food” subject in the Commission. The Core Group Members who participated
in the said meeting were Shri Pradip Kumar Pradhan, State Convener, Right to
Food Campaign, Odisha; Dr. Rosina Nasir, Assistant Professor, Jawaharlal Nehru
University, New Delhi; Ms. Suman, Vice President, FIAN, New Delhi; Dr. S. M.
Jharwal, Chancellor, Indira Gandhi National Tribal University, Amarkantak; Prof.
Ravi Shrivastava, Jawaharlal Nehru University, New Delhi; Dr. Kirit S. Parikh,
Former Member, Planning Commission, New Delhi; and Shri S. S. Ghonkrokta,
Secretary, Department of Food Supplies, Government of India, New Delhi.
7.14 The meeting was convened to discuss – (i) the status of implementation
of the National Food Security Act (NFSA), 2013; (ii) functioning of the Targeted
Public Distribution System (TPDS); (iii) identification of the beneficiaries; (iv)
nutritional support to pregnant women, lactating mothers and children; (v)
prevention and management of child malnutrition; and (vi) suggestions for the
two-day National Conference on Right to Food to be organized by NHRC on 28
and 29 April 2016 at New Delhi.
7.15 The Meeting began with the Joint Secretary (Training & Research), Shri
J. S. Kochher welcoming everybody and sharing the Agenda. Thereafter, Justice
Shri Cyriac Joseph welcomed the participants and invited concerns about
implementation of the national legislation and suggestions from the Members
on the various Agenda items as also the scheduled National Conference to be
organized by the NHRC.
7.16 Ms. Suman, Vice President, FIAN, New Delhi informed that the
implementation of the National Food Security Act, 2013 (NFSA) was poor as
it did not cater to migrants and homeless people among whom many were
single women and widows for want of proper documents like Aadhaar Card.
She suggested that the prescribed numerical ceiling of 5 kg foodgrains for

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the beneficiaries of Antyodaya Anna Yojana (AAY) should be done away with
Chapter - 7
as more amount is required by a person/month. She further expressed that
nutritional support to pregnant women and lactating mothers through the
ICDS Scheme was poor.
7.17 Shri Pradeep Kumar Pradhan, State Convener, Right to Food Campaign,
Odisha told that NFSA was being implemented in the State of Odisha with
effect from November 2015. The State Government had almost taken two
years for identifying beneficiaries through survey and in the process left out
many genuine beneficiaries. Moreover, the State Food Commission at present
is almost defunct. The State Information Commission is playing the role of State
Food Commission, he said. In addition, he highlighted the problem of wrong
identification and informed that despite the auto-inclusion criteria to take
in households without shelter and households with destitute living on alms
as a beneficiary under the NFSA, the homeless people so far have not been
covered. The nutritional support to pregnant women and lactating mothers as
prescribed in Section 4 (a) and 4 (b) of the NFSA was not forthcoming. No Rules
had been framed under the NFSA. ICDS, according to him, was a big disaster.
There was no proper monitoring of programmes. He also stated that primitive
tribal groups (PTGs) were not included among beneficiaries of TPDS.
7.18 Dr. Kirit S. Parikh, Former Member, Planning Commission and Chairman,
Integrated Research and Action for Development, New Delhi pointed out
that right to food is an extension of public distribution system and the major
problem is to identify the poor who should be the actual beneficiaries. He was
of the opinion that small PDS shop operators with small incomes from the
commissions have an incentive to divert PDS food grains from the intended
beneficiaries as they are able to gain from the difference in the PDS price and
market price. He stated that although information technology use has brought
in transparency, we have a long way to go. He suggested that the solution could

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be that PDS shops could be run on cooperative basis. He also was of the opinion
that the Aadhaar card did not help in identifying the poor. The Government
should concentrate, therefore, on exclusion criteria and that there is no need for
inclusion criteria. In this way, the bottom 65 – 70 per cent of population would
be covered. He also stated that the prices being fixed for food grains at such low
levels like ` 3/- for rice, ` 2/- for wheat and ` 1/- per kg for coarse grains will
give an incentive for the farmer not to grow food grains for self consumption
which is a matter to worry about. Furthermore, he threw light on the under-
nutrition/malnutrition of children as it affected adversely in a significant way
the cognitive development of children below two years and their productive
capacity as grown-ups.
7.19 Justice Shri Cyriac Joseph drew the attention of all towards the
recommendations made in the Justice Shri D. P. Wadhwa Committee Report on
Public Distribution System. The said Committee was constituted by an order of
the Supreme Court of India in Writ Petition No. (C). 196 of 2001 on 1 December
2006, and according to him, there was need to keep the recommendations of
the Committee in view.
7.20 Dr. S. M. Jharwal, Chancellor, Indira Gandhi National Tribal University,

Amarkanthak, like Dr. Parikh, opined that the provision of 35 kilograms of
foodgrains per household per month at subsidized prices under the AAY was
inadequate and there is need to provide more. He was not in favour of Direct
Benefit Transfer system. He stated that there was problem with direct transfer
as prices of commodities fluctuate and amount of direct transfer cannot be
adjusted accordingly. He was further of the view that along with foodgrains,
the NFSA should have a provision for edible oil and pulses.
7.21 Prof. Ravi Shrivastava from the Centre for the Study of Regional
Development, School of Social Sciences, Jawaharlal Nehru University, New Delhi
stated that food distribution system is extremely necessary and that the direct

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cash transfer benefit cannot be a substitute especially in the time of inflation.
Chapter - 7
The poor cannot be insulated against inflation by these direct cash transfers.
He further stated that the Antyodaya Anna Yojana was useful as it gave food
grains to the extremely poor at low prices and this scheme needs to continue,
while other households can be provided food grains at higher prices. For the
implementation of the National Food Security Act, 2013, States have carried
out their own surveys. However, the Act, as per his information has been
rolled out only in nine States by January, 2016. In this regard, the proposed
conference to be organized by NHRC will be useful to find out how many States
have started their implementation of the Act. He emphasized on the need for
a push from the Central Government in this regard. He also pointed out that
allocation from budget in ICDS programme has come down. Among points of
concern, he stated that while the Right to Education provided for portability
and migration was taken care of, the same is not in the case of National Food
Security Act. He emphasized the need for full portability in view of large scale
migration within the State and outside States. He also highlighted the need for
an assessment of how Aadhaar is working out for homeless/migrant people.
He drew attention to the Chauhan Committee Report on the implementation
of flagship programmes. On an enquiry by Member, Shri S.C. Sinha regarding
the Brazil experience, he conveyed that direct cash transfers were not being
made in that country in lieu of food and that it was a separate scheme namely,
conditional cash transfer scheme.
7.22 Shri S. S. Ghonkrokta, Secretary, Department of Food Supplies,

Government of NCT of Delhi, apprised the Chair and participants about the
steps being taken by Delhi Government in implementation of the NFSA with
the help of information technology. He conveyed in Delhi, the PDS was 100 per
cent Aadhaar based and six lakhs migrants were also covered among the total
coverage of 72 lakhs.

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7.23 Dr. Rosina Nasir, Assistant Professor from the Centre for Study of
Discrimination and Exclusion, School of Social Sciences, Jawaharlal Nehru
University, New Delhi revealed that the poor people with whom she worked in
the ghettos of Delhi were apprehensive about giving information through the
biometric system as they feared their involvement in criminal cases.
7.24 Ms. Suman added that till date there was no clear-cut definition of
poverty in the country. Besides, she said there is need to take up the issue of
natural disasters and their effect on access to food.
7.25 Shri S. C. Sinha then asked Prof. Ravi Shrivastava that during the two-
day National Conference on Right to Food, the NHRC would be requesting the
State Governments to make their presentations on implementation of NFSA.
As such, he requested Prof. Shrivastava to highlight the salient points which
each of the State Government must cover/ throw light upon while making their
presentations.
7.26 Prof. Shrivastava listed out that the following issues may be conveyed to
the State Governments for coverage under the presentations : (i) Implementation
of the Act, (ii) Identification of beneficiaries, (iii) State-wise limit imposed by
Union Government and whether there was an enlarged pool, (iv) Coverage of
hard to reach groups like homeless, beggars, migrant population and those
living in remote areas, (v) Leakages/ diversions under the system. In addition,
Dr. Kirit stated that the States may also provide information about the number
of grievance officials appointed, complaints received, resolved and pending. Ms.
Suman was of the view that suggestions should also be invited from the States
about the manner in which they could strengthen implementation of NFSA.
7.27 Justice Shri Cyriac Joseph reiterated that there is an urgent need to spread
awareness about the NFSA and the National Conference on Right to Food being
organized by the NHRC should strive to achieve this objective.

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B. A Study of Prevailing Right to Food Situation among BPL
Chapter - 7
Families in Bihar and Uttar Pradesh
7.28 It was reported in the Annual Report 2014-2015 of the NHRC that its
Research Division had commissioned a research study to HARYALI Centre for
Rural Development, New Delhi in September 2012. Its specific objectives were
– to find out the socio-economic status and living conditions of the BPL families;
understand whether the BPL families have physical and economic access
to adequate food or means for its procurement; study the extent of gender
discrimination practiced with regard to food items and assessment of dietary
pattern of male and female children and adults at the household level; find out
the impact of foodgrains provided under the public distribution system as well
as food provided under the ICDS and Mid-day Meal Schemes in overcoming the
problem of malnutrition and starvation particularly among children; ascertain
the incidents and prevalence of morbidity and mortality among BPL families
and children due to under-nutrition and starvation; assess the role of civil
society organizations and private institutions in catering to the needs of BPL
families; and prepare strategies for reducing the problem of starvation among
BPL families and children and improve their nutritional status.
7.29 During the period under report, HARYALI submitted the draft report
of the research study. This report was thoroughly examined by the Research
Division of the Commission and HARYALI was requested to improve its draft
report by addressing the shortcomings noticed in it. These shortcomings were
also communicated to HARYALI.
C. Illustrative Case on Right to Food Dealt by NHRC

1. A Family of Five Persons Including Three Visually Challenged on the Verge
of Starvation at Chaudwar in Cuttack District, Odisha due to Inadequate
Livelihood
(Case No. 2681/18/3/2014)
7.30 Right to Food Campaign in Odisha, in their complaint dated 12 June 2014
alleged that one Noor Bibi aged about 75 years and her family members, namely,

129
son Abdul Rafique, aged about 20, visually challenged by birth and unmarried;
son Abdul Hanif, aged about 25, visually challenged by birth; married daughter
Nijbun Nisha, aged about 40 and visually challenged by birth; and Khubturun
Nisha, daughter of Nijbun Nisha, aged about 12 were living in a small house
in Ward no. 2 of Chaudwar Municipality of Cuttack District. Four of them
were getting pension at the rate of Rs. 300/- per month, that is a total of Rs.
1,200/- per month besides 35 kg of rice at the rate of Re. 1/- per kg. The above
arrangement is not adequate for the family of 5 and they are on the verge of
starvation.
7.31 The Commission took cognizance of the matter on 9 July 2014 and
obtained a report dated 25 August 2014 from the Collector, Cuttack which
revealed that - (i) Noor Bibi, w/o Abdul Hamid had been given a family BPL
card and was getting 25 kg rice at the rate of Re. 1/- per kg. She was also getting
Old Age Pension of Rs. 300/- per month; (ii) Abdul Rafique, the eldest son of
Noor Bibi, was getting Disability Pension; (iii) Abdul Hanif, the younger son,
was getting Disability Pension as well as 10 kg rice through RDP Scheme Card
No. 607170089; (iv) Nijbun Nisha, the visually challenged married daughter of
Noor Bibi was getting Disability pension and 10 kg rice through RDP Scheme
Card No. 007170091; and (v) Khubturun Nisha, d/o Nijbun Nisha was studying
in Choudwar M.E. School. Thus out of a total of five members, four were getting
pension under the Odisha Madhu Babu Pension Yojana, two were getting rice
through Rice for Differently-abled Persons (RDP Scheme) and the family was
getting 25 kg. rice through BPL Card too.
7.32 The Commission perused the record and observed that the family was
getting pension as well as rice as per policy of the Government of Odisha. Since,
the benefits under the welfare schemes of Government were being extended to
the family and the complainant had not submitted any comments on the report
of the authorities, the Commission closed the case.

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2. No BPL or Antodaya Card to an Aged Woman and Her Dependent
Chapter - 7
Handicapped Daughter
(Case No. 4417/18/24/2014)
7.33 The complainant, Shri Pradip Pradhan, an activist running “Right to Food
Campaign” in Odisha, complained to the NHRC that an aged woman and her 41
years handicapped daughter, who were unable to earn their livelihood, were
neither issued a Below Poverty Line (BPL) or Antodaya Card, nor any official
help was extended to them.
7.34 Taking cognizance in the matter, the Commission obtained a report from
the District Collector, Jajpur, Odisha which revealed that the old woman and her
handicapped daughter had migrated from Keonjhar, District of Odisha, seven to
eight months back. Hence, no BPL Card had been issued to them. As they did
not have any BPL Card, they could not be allotted any habitat under the Indira
Awas Yojana (IAY). However, now both the women were being paid Rs. 300/-
(Rupees Three Hundred Only) each, per month under the old age pension
scheme and OPD scheme, respectively. Further, their case was referred to CSO
for inclusion in the Annapurna Scheme and also the local GRS was advised to
engage them in MGNREGS.
7.35 On perusal of the report , the Commission directed the District Collector,
Jajpur to report the following :
(i) What steps were taken by the District Administration for preventing
occurrence of such incidents in future?
(ii) Whether any survey was conducted as to the status of the people who
were not covered under the Social Welfare Scheme such as Old Age
Pension Scheme, Widow Pension Scheme, IAY, etc. so as to prevent
any eligible person remaining out of the purview of the Social Security
Schemes.

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7.36 Pursuant to the Commission’s directions, the Collector & District

Magistrate, Jajpur submitted the report. The Commission sent a copy of the
report to the complainant for his comments, which have so far not been
received. The matter is under the consideration of the Commission.
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Chapter - 8
Right to Education
8.1 In 2009, India enacted a landmark legislation promising universal

inclusion in primary education, paving the way for more learning opportunities
at secondary and higher levels. This legislation, the Right of Children to Free and
Compulsory Education Act (RTE), effectively made education a Fundamental
Right of every child in the age group of 6-14. Six years on from its entry into
force, there is still significant debate about the parameters through which that
promise is supposed to be realized. Despite significant gains in increasing
access to schooling, there are still major glitches in the implementation of
the RTE by States especially with regard to basic infrastructure requirements
like proper classrooms, toilets and boundary walls for schools; availability of
drinking water; having trained teachers in place; filling up of vacant posts of
teachers; and pupil-teacher ratio.
8.2 There are still habitations that do not have a school within three
kilometers including slums. RTE is illusory for many children from tribal and
minority communities and in conflict zones. Furthermore, all States do not
have the Commissions for Protection of Child Rights needed to monitor the
implementation of the RTE. Much of the narrative around the RTE continues

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to focus on the 25% reservation of seats for children from disadvantaged

background in private schools. It is important to recognize that as a large
majority of students in India study in Government schools or Government
aided schools, it is fundamental to improve the implementation of the RTE
in terms of infrastructure, teacher quality and targeted learning for children
from disadvantaged groups so as to build up a more equitable system. Even
now, a significant number of children drop out before completing five years of
primary school and a large percentage before finishing upper primary school.
These drop-out trends raise troubling questions about equity for there is a
huge difference between urban and rural education and the education received
by the rich and the poor.
A. Research Study on Human Rights Issues Related to Right to

Education of Children of Migrant Labourers in Kerala
8.3 The above study was undertaken by the National Human Rights
Commission during 2014-2015 in collaboration with the Sacred Heart College
(SHC) in Thevara, Cochin, Kerala.
8.4 The concerns to be addressed by the study are : (i) the levels of enrolment
of children of migrant labourers in schools; (ii) the dropout rates of children
of migrant labourers in schools; (iii) the levels of enrolment of children of
migrant labourers in higher education; (iv) the living conditions of the migrant
labourers; (v) analyze the economic state of affairs of the migrant labourers;
and (vi) the cultural dilemma faced by the children of migrant labourers.
8.5 The study commenced in December 2014 and is to be completed within

a span of two years. During the period under review, the Commission facilitated
the SHC in the preparation of their interview schedule. The prepared interview
schedule was pre-tested and further improved upon and finalized.

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B. Illustrative Cases Related to Right to Education Dealt by
Chapter - 8
NHRC
1. Seven Students of Baunsapal UGME School in Balasore District, Odisha,
Deprived from Appearing for JNV Test
(Case No. 2014.1115/18/1/2014)
8.6 The Commission received a complaint dated 6 March 2014 from Shri
Radhakanta Tripathi, a human rights activist, alleging that seven students of
Baunsapal UGME School, in Balasore District, Odisha, were deprived from
appearing for the Jawahar Navodaya Vidyalaya Entrance Test (JNV Test) 2014.
All these students had filled up forms before the due date. However, due to
negligence of the school authorities, the students were deprived of writing the
test. According to the complaint, the Headmaster of the school Sumanta Kumar
Nayak and Abhaya Kumar Das, CRCC certified Counselor were responsible for
the lapse and sought intervention of the Commission and compensation for the
affected students.
8.7 The Commission took cognizance of the matter on 9 April 2014 and
obtained a report dated 20 August 2014 from the Addl.Secretary, Deptt. of
School and Mass Education, Government of Odisha which revealed that due to
lapse and negligence in duties of Sumanta Kumar Nayak, Headmaster of UGME
School and Abhaya Kumar Das, CRCC Counselor, the students of Baunsapal
UGME School were debarred from appearing at the JNV Entrance Test-2014
and departmental proceedings had been initiated against the above two
Government officials and they both were placed under suspension.
8.8 The Commission considered the above report on 7 August 2015 and
observed that rights of seven students to appear in a public entrance test for
admission to Navodaya Vidyalaya were denied on account of the lapses and
negligence of the Headmaster of the Government School and the Counselor, who

135
were both public servants. Therefore, the State of Odisha was vicariously liable.
The Commission issued a notice u/s 18(a)(i) of the Protection of Human Rights
Act, 1993 to the Government of Odisha, through its Chief Secretary, to show cause,
as to why the Commission should not recommend payment of compensation to
the seven victim students, for violation of their human rights.
8.9 The Commissioner-cum-Secretary School and Mass Education

Department, Government of Odisha submitted that in departmental
proceedings initiated against S.K. Nayak and A.K. Das, warnings were given
not to repeat such lapses in future and they had been reinstated in service.
The Commission is, however, awaiting the reply to the SCN issued to the Chief
Secretary, Government of Odisha.
2. Two Students Critically Injured When a Wooden Beam in College Pada

Upper Primary School of Angul in Odisha Fell due to Poor Maintenance of
School Premises
(Case No. 973/18/16/2014)
8.10 The Commission received a complaint dated 27 February 2014 from Shri
Dillip Kumar Das alleging that on 26 February 2014 a wooden beam of College
Pada Upper Primary School of Angul in Odisha fell on two students, namely
Bidyadhar Gochhayat and Tapan Nayak and they were seriously injured and
admitted in Angul District Hospital. The government run school building was
an old one and had tiled roof which become unsafe for the students with the
passage of time but the school administration did not pay any attention for its
repair or for that matter shift the school to a safer building. The complainant
sought intervention of the Commission in this matter and appropriate
compensation for the victims.
8.11 The Commission took cognizance of the matter on 11 March 2014 and
obtained a report dated 22 July 2014 from the Additional Secretary, Department

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of School & Mass Education, Government of Odisha along with a copy of the
Chapter - 8
action taken report received from the Commissioner- cum-Secretary, School &
Mass Education Department. It was revealed from the report that after taking
mid-day meal, the students were sitting in their respective classes. All of a
sudden a damaged beam of Class IV fell down in a hanging position by which
two boy students, namely Tapan Kumar Nayak and Bidyadhar Gochhayat were
gravely injured. Immediately after the incident the Headmaster along with
some Teachers and SMC Chairman admitted the injured students in Angul
Hospital. After proper treatment, both the students were handed over to their
parents. The two students on recovery came to school regularly. The report
concluded that there were four tiled thatched rooms in the school which were
in dilapidated condition and declared unsafe. No classes were run in these
rooms.
8.12 The Commission considered the report on 15 October 2015 when it

observed that the students got severe injuries due to negligence in supervision
and monitoring of the infrastructure of the school. However, the report was
silent with regard to the compensation paid to the victims. In this case the
negligence of the school authorities was established and the State of Odisha was
vicariously liable. Consequently, the Commission issued a notice u/s 18(1)(a)
of the PHR Act, 1993 to the Government of Odisha through its Chief Secretary
to show cause as to why compensation of Rs. 25,000/- (Rupees Twenty-five
only) be not recommended by the Commission to be paid to each of the two
victim students. The response of the State Government is awaited.
3. Death due to Snake Bite at Government-run Baburam Murmu Hostel,

Kusumasala, Mayurbhanj District, Odisha
(Case No. 2974/18/9/2014)
8.13 The Commission received a complaint dated 22 July 2014 from Shri
Dilip Kumar Das alleging that three tribal students, namely Baburam, Surendra

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and Anama residing in the Government-run Baburam Murmu Hostel of the

Department of Tribal Welfare at Kusumasala in Mayurbhanj District of Odisha
were bitten by a poisonous snake while they were sleeping on the floor in
their school hostel. Baburam died while his classmate Surendra was shifted
to SCB Medical College Hospital at Cuttack after his condition worsened. The
other student Anama was undergoing treatment at the District Headquarters
Hospital. The incident happened due to negligence of the authorities. The
complainant sought impartial enquiry and compensation to the next-of-kin of
the deceased and the victims.
8.14 The Commission took cognizance of the matter on 5 August 2014 and
obtained a report from the Deputy Secretary to the Government of Odisha,
Scheduled Tribes and Schedule Castes Development Department, Bhubaneswar.
As per the report, three Scheduled Tribe students, namely Baburam, Surendra
and Anama Murmu of Kusumasala High School falling under Suliapada Block
were admitted in the District Headquarters Hospital, Baripada on 21July 2014
at 6.30 a.m. due to snake bite. One of the students, namely Baburam, s/o. Late
Bikala Murmu of Class-VIII was declared dead by the Doctors at about 8.30 a.m.
on 21 July 2014. While Surendra was shifted to SCB Medical College & Hospital
in Cuttack as per the advice of the Doctors. These students subsequently
recovered. The report further indicated that they were students of a recognized
private hostel in School & Mass Education Department, i.e. Kusumasala High
School, which was recognized by the District Education Officer, Mayurbhanj and
the Pre-Matric Scholarship was paid by the Scheduled Tribes and Scheduled
Castes Development Department. The report further stated that an amount
of Rs.10,000/- had been paid to Smt. Sebati Murmu, mother of the deceased,
Baburam, out of the Red Cross Fund. The Collector, Mayurbhanj had also
submitted a proposal to Scheduled Tribes and Scheduled Castes Development
Department for sanction of Rs.1,00,000/- (Rupees One Lakh only) as ex-gratia
payment in favour of the next-of-kin of the deceased. However, as the Hostel
did not belong to the Scheduled Castes and Scheduled Tribes Development

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Department, being run privately, there had been no provision for sanction of
Chapter - 8
ex-gratia to the next-of-kin of the deceased Baburam Murmu.
8.15 The Commission considered the report on 18 December 2015 wherein

it observed that the incident occurred in a private school hostel, which was
recognized by the Education Department. The deceased and the other two
tribal victims were admitted in the hostel and taken care of by the fees paid
or remunerated by the Scheduled Tribes and Scheduled Castes Development
Department. Thus, the school despite being a private school was engaged in the
performance of public duty entrusted by the State Government. It was the duty
of the State Government to ensure the minimum necessary living conditions
in the hostel. From the facts of the case, it was clear that the State Government
had failed to do so. Thus, human rights of the tribal students had been violated,
for which the State Government is vicariously liable. Hence, the Commission
directed to issue a notice u/s 18(a) (i) of the Protection of Human Rights
Act, 1993 to the Government of Odisha, through its Chief Secretary, to show
cause as to why the Commission should not recommend the monetary relief of
Rs.1,00,000/- (Rs. One Lakh only) to be paid to the next-of-kin of the deceased
tribal inmate Baburam of Kusumasala High School. The response of the State
Government is awaited in the case.
4. A Student Sustains Serious Head Injuries due to Negligence in Patapur

Nodal Primary School, Nimapada Town, Odisha
(Case No.2350/18/12/2014)
8.16 On the basis of a newspaper report Dilip Kumar Das, vide his complaint
dated 22 May 2014 submitted that Nilakantha Nayak, a student of Patapur
Nodal Primary School of Nimapada Town sustained serious head injuries in
the school, when a fan fell upon him, and had to be admitted to a local hospital.
According to the complainant, the school administration failed to pay attention
to the repairs of the school and the Headmistress of the school tried to hide the
incident. The complainant requested the Commission to look into the incident

139
and compensate the victim for the injuries caused to him due to negligence of
the school authority.
8.17 The Commission took cognizance of the case on 3 June 2014 and obtained
a report dated 18 July 2014 from the Block Education Officer, Nimapada. It
was stated that on 23 April 2014 at 10.00 a.m. all the students were playing
in the school premises after taking their mid-day-meal. Nilakantha Nayak, one
of the students of Class VII entered his class room and as soon as he switched
on the fan, it fell and dashed against the wall of the class room and the blade
of the fan touched the back side head of the child, causing grave injury which
led to profuse bleeding. The Headmistress, parents of Nilakantha Nayak and
members of the School Management Committee (SMC) took the child to nearest
Nimapada Hospital for immediate treatment. All the medical expenditure was
borne by the school. After five days, the child was fully recovered and started
attending the classes as usual. The fallen fan was kept in the store room of the
school and it was suspected that it had manufacturing defect as it got detached
from the capacitor setting position of the fan and not from the roof hook. The
Headmistress and the SMC members were directed to replace all the old fans
and accordingly new fans were purchased for usage in the school.
8.18 The Commission considered the matter on 27 October 2015 and noted
that the enquiry report revealed that the student, Nilakantha Nayak sustained
injuries from the falling of the fan in the class room on account of the negligence in
supervision and monitoring of the school infrastructure by the public servants,
for which the State is vicariously liable. Hence, the Commission issued a notice
u/s 18(a) (i) of the Protection of Human Rights Act, 1993 to the Government
of Odisha, through its Chief Secretary, to show cause as to why the Commission
should not recommend monetary relief of Rs. 25,000/- (Rupees Twenty-five
Thousand only) to be paid to the victim Nilakantha Nayak. Reply to the show
cause notice is awaited by the Commission.


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Chapter - 9
Rights of Scheduled Castes, Scheduled
Tribes and Other Vulnerable Groups
9.1 Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Vulnerable
Groups in India like the Backward Classes, Minorities and marginalized groups
like the differently abled are some of the most disadvantaged groups in India.
In order to ensure a level playing field for them, the Government of India as per
constitutional provisions has enacted progressive legislation for their overall
development and empowerment. The Protection of Civil Rights Act, 1955; the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
and its amendment in 2015; the Provision of the Panchayats (Extension to the
Scheduled Areas) Act, 1996; Minor Forest Produce Act, 2005; the Scheduled
Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act,
2006 (FRA); the Prohibition of Employment as Manual Scavengers and their
Rehabilitation Act, 2013 and the Scheduled Caste Sub-Plan and the Tribal Sub-
Plan Strategy are focused on the socio-economic empowerment of the SCs and
STs. In addition, ombudsman function is discharged by respective Commissions
meant SCs, STs both at the national and state level.
9.2 The Government of India has also evolved special programmes and
schemes to facilitate their access to opportunities including scholarships
for education, financial support and skill building for setting up enterprises,
reservations in jobs, and special courts to address instances of atrocities and
violence.

141
9.3 Since its inception, the National Human Rights Commission has been
actively engaged in affirmative action towards development of SCs, STs and
other vulnerable communities. In order to eliminate perpetual inequalities, it
has strongly recommended punitive measures against discriminatory practices.
Furthermore, the Commission gets valuable inputs from the Chairpersons of
the National Commission for Scheduled Castes and the National Commission
for Scheduled Tribes who are the sitting ex-officio Members of the NHRC for
the discharge of functions specified in clauses (b) to (j) of Section 12 of the
PHRA.
9.4 The NHRC over the years has looked into various issues ranging from
untouchability to their systemic exclusion. The pattern of complaints under the
SC or ST category in the Commission mainly pertain to their harassment by
upper castes and deliberate neglect of duty by the public servants.
A. Research Study on Atrocities against Dalits : An Empirical

Study on the Performance of Special Courts in Tamil Nadu
9.5 As mentioned in the Annual Report of the NHRC for the year 2014-2015,
the Commission has undertaken a research study on the above subject. The
main objectives of the study are to – identify the reasons for rising atrocities
against the Scheduled Castes in Tamil Nadu; find out the reasons for delay
in filing of the First Information Reports (FIRs) in police stations; average
time taken by the Courts to decide cases under the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989; explore whether after
establishment of the Exclusive Special Courts in Tamil Nadu, any change has
been noticed with regard to speedy delivery of justice; examine how many
hearings are generally held to dispose of cases in the Courts; and analyze the
percentage and reasons of convictions or acquittals under the Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
9.6 The final report of the research study is to be submitted by the University.

142
B. Bonded Labour System
Chapter - 9
9.7 The Supreme Court vide its order dated 11 November 1997 in W.P. (Civil)
No. 3922/1985 People’s Union for Civil Liberties vs. State of Tamil Nadu and
Others entrusted the Commission with the responsibility of monitoring the
implementation of provisions of the Bonded Labour System (Abolition) Act,
1976 (BLSA) in all the States and Union Territories. Accordingly, the Commission
has been visiting all the major States and Union Territories where the problem
of bonded labour is widespread and organizes sensitization workshops.
Workshops on Bonded Labour

9.8 During the period under review, the NHRC organized regional workshops
in the following States as under:
Sl. Participating
State/UT Date NHRC Delegation
No States
1. Chandigarh Haryana, 30 July • Justice Shri D. Murugesan,
Punjab & 2015 Member
Himachal • Secretary General
Pradesh
• Joint Secretary (P&A)
• Special Rapporteur
Concerned
Regional Workshops
• Joint Registrar (Law)

• Assistant Registrar (Law)
2. Chennai Kerala 7 August • Justice Shri D. Murugesan,
2015 Member
• Secretary General
Concerned
3. Lucknow Uttarakhand 11 • Justice Shri D. Murugesan,
September Member
2015 • Special Rapporteur
Concerned

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Sl. Participating
State/UT Date NHRC Delegation
No States
4. Bhubaneswar (Odisha) 12 January • Justice Shri D. Murugesan,
2016 Member
Concerned
5. Jaipur (Rajasthan) 29 January • Justice Shri D. Murugesan,
2016 Member
Concerned
Reconstitution of NHRC Core Group on Bonded Labour
9.9 The Commission constituted a Core Group on Bonded Labour which

advises it on wide-ranging matters relating to bonded labour from time to
time. During the meeting of the Core Group on Bonded Labour held on 28
January 2015 in the Commission, it was decided to reconstitute the Core Group
on Bonded Labour. Accordingly, during the review period, the Core Group on
Bonded Labour was reconstituted.
C. Illustrative Cases Related to Scheduled Castes, Scheduled

Tribes and Other Vulnerable Groups Dealt by NHRC
1. Illegal Detention and Torture of a Scheduled Caste Person by Police
Personnel of Hathras Police Station, Uttar Pradesh
(Case No. 49639/24/37/2014)
9.10 The Commission received a complaint dated 10 December 2014 from one
Deepak alleging that he was picked up by Police on 24 November 2014 from his
house and taken to Hathras Police Station. There, he was allegedly subjected to
brutal torture by the Police by way of chilli powder, petrol and physical bashing.
After beating him up black and blue, Police left him at his house. A complaint

144
was made to the Superintendant of Police, Hathras and a case was registered.
Chapter - 9
The police got his false medical examination report prepared under pressure.
The complainant enclosed various newspaper clippings, medical reports and
his complaints to Police Authorities in support of his allegations.
9.11 According to the Hathras Police, a case vide FIR No. 710/14 u/s 323/324
IPC, and Sec.3(1)(x) Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 was registered against three Police Constables of Hathras
Police Station in the alleged incident. After investigations, a chargesheet u/s
323/504 IPC, Sec. 3(1)(x) SC and ST (Prevention of Atrocities) Act, was filed
against one Police Constable, and chargesheet u/s 323/504 IPC was filed
against the other two Police Constables.
9.12 The Commission upon further consideration of the matter called upon
the Chief Secretary, Government of Uttar Pradesh to show cause as to why
interim relief of Rs. 25,000/- (Rupees Twenty-five Thousand only) should not
be granted to the victim as per Section 18 of the Protection of Human Rights
Act, 1993. In response, the Joint Secretary, Home (Human Rights) Department,
Government of Uttar Pradesh vide his communication dated 2 September 2015
submitted that all the three guilty Police Constables had been punished with
penal censure entry in their records.
9.13 The Commission further considered the matter and observed that the
abduction of and brutal assault on the complainant by the Police Constables
had resulted in serious violations of his human rights. All the three Police
Constables were found involved in the crime and departmental action was
taken against them. The rehabilitation of and compensation to the victim under
the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989,
was also essential in the matter. It was a shocking case, where the protectors
of citizens had committed brutalities on an innocent citizen. The Commission
took a serious note of human rights violations caused by the public servants in

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the matter and recommended monetary compensation of Rs. 25,000/- (Rupees

Twenty-five Thousand only) to be paid to the victim as per Section 18 of the
Protection of Human Rights Act, 1993, by the State of Uttar Pradesh.
9.14 In response, the Under Secretary, Home (HR) Department, Government

of Uttar Pradesh vide communication dated 22 April 2016 submitted that an
amount of Rs.25,000/- had been paid to the victim named Deepak on 17 March
2016. Proof of payment was also annexed.
9.15 The Commission further considered the matter and observed that the
interim relief of Rs. 25,000/- as recommended by the Commission had been
paid to the victim. The delinquent police personnel were chargesheeted and
also dealt with by their respective Department. The District Magistrate, Hathras,
Uttar Pradesh was, however, directed to ensure that the statutory benefits
under the SC and ST (POA) Act and Rules made there under were extended to
the victim forthwith. With these the reports received from the State Authorities
were taken on record and the case closed.
2. Death of a Tribal Girl Student for Want of Timely Health Care on Part of
Hostel Warden in Dhar, Madhya Pradesh
(Case No.554/12/15/2015)
9.16 Shri Raj Hans Bansal, a human rights activist sent a complaint to the
Commission alleging that a seven-year-old tribal girl student, Praveena,
residing in Government Hostel at Dhar, Madhya Pradesh, was sick for six
days, but the Hostel Warden, did not get her treated on time. Only when her
condition deteriorated on 18 December 2014 whereby she vomitted blood, she
was referred to Indore, where she breathed her last on 19 December 2014.
9.17 In response to the Commission’s directions, it was reported that the

Warden of the Hostel was guilty of dereliction of duty and was removed from
service. An amount of Rs. 25,000/- (Rupees Twenty-five Thousand only) was
paid to the next-of-kin of the deceased under the Students Welfare Scheme.

146
9.18 The Commission, after considering the reports, observed that a precious
Chapter - 9
life was lost due to negligence of the public servant and recommended additional
compensation of Rs. 25,000/- (Rupees Twenty-five Thousand only) to the next-
of-kin of the deceased.
9.19 The proof of payment was awaited in the given case.
3. Death of a Child due to Hanging Him Upside Down in a Pit for Cleaning
(Case No. 2100/12/17/2014)
9.20 Shri Vijay Kumar Taneja, C.L.S. (Retd.) formerly Chief Adviser (Labour
Welfare), Ministry of Labour & Employment, Government of India forwarded to
the Commission a press report captioned “Safai Ke liye bacche ko 8 feet gahare
gadde me ulta latka diya”, published in the Hindi newspaper ‘Dainik Bhaskar’
dated 24 July 2014. According to the report, a child was hung upside down in a
pit which was dug for erecting an electric pole at Railway Station Guna, Madhya
Pradesh. The child was made to clean the pit.
9.21 In response to the notice issued by the Commission, the Superintendent

of Police, Guna sent a report dated 7 October 2014, according to which Case
Crime No. 4171/14/ was registered at the Police Station Guna on 24 July 2014
based on the news report. During the investigation, the child Nandu, s/o of
Om Prakash Jatav aged 11 years was located and his statement recorded. The
statement of the child corroborated the facts stated in the newspaper report. It
was also reported by the Superintendent of Police, Guna that on completion of
investigation, chargesheet had been filed in the court. Three persons, namely,
Sandip Shukla, Chandrsekhar Dubey and Chagki alias Arjun Banjara had been
arrayed as accused for charges u/s 336 and 34 IPC.
9.22 Upon consideration of the report, the Commission vide proceedings

dated 30 November 2015 observed and directed as under:

147
“Since the child Nandu belongs to Jatav Caste which is a Scheduled

Caste, the S.P. Guna may be directed to explain within four weeks
why the offences under the Scheduled Caste and Scheduled Tribe
(POA) Act, 1989 and the Child Labour (Prohibition & Regulation)
Act, 1986 were not included in the chargesheet.
As per the chargesheet one Chandrasekhar Dubey, Railway

Supervisor has been found guilty along with others and, therefore,
the Railway Board is vicariously liable to compensate the victim
child Nandu Jatav for the cruelty and injustice done to him. Hence,
issue notice to the Railway Board through the Chairman, Railway
Board directing him to show cause within four weeks why the
Commission should not recommend to the Railway Board to pay a
sum of Rs.50,000/- as compensation to the victim child Nandu Jatav.
It is made clear that this compensation amount of Rs.50,000/- is in
addition to any amount of compensation found liable to be paid to
him under the provisions of the SC/ST (POA) Act.”
9.23 Pursuant to the show cause notice issued, a reply dated 2 February 2016
was received on behalf of Railways from Chief Electrical Engineer, Jabalpur,
wherein it was stated that Chandrasekhar Dubey was not their employee and,
therefore, they were not vicariously liable to pay any compensation to the
victim.
vide proceedings dated 7 March 2016 inter alia observed and directed as under:
“The Railway Board had entrusted certain works to the contractor.

The contractor, in turn, in order to get the work done, had made
the child hang upside down in a pit. It was the responsibility of
the Railway Board to have advised the contractor to treat people
with human dignity, which has not been done and, therefore,

148
compensation requires to be paid by them to the victim child and
Chapter - 9
recover the amount thereafter from the contractor.
In view of the above, Registry to issue a fresh notice to the Chairman,

Railway Board to show cause within four weeks why we should
not direct the Chairman, Railway Board to pay an amount of Rs.
50,000/- to the victim child Nandu Jatav u/s 18 of the Protection of
Human Rights Act, 1993 and recover the same from the contractor.”
9.25 Reply to the NHRC show cause notice is awaited from the Railway Board.
4. Excessive Force by Police on Christians Holding Demonstrations to Protest

Against Attacks on their Religious Places in Dakshina Kannada District,
Mangalore
(Case No.326/10/1/08-09)
9.26 This is a case relating to the complaint of Dr. Sajan K. George alleging use
of excessive force by the police on Christians who were holding demonstrations
to protest against attack on their religious places in Dakshina Kannada District,
Mangalore by fundamentalist elements in September 2008 resulting in injury
to 30 people. The Commission had got an inquiry conducted by sending a team
from its Investigation Division.
9.27 The Commission on 6 May 2015 considered the report received from
the State Government of Karnataka through the Additional Chief Secretary vide
letter dated 27 October 2014 which indicated that the report of the Commission
of Inquiry held under Justice Shri B. K. Somashekar had been rejected by the
State Cabinet.
9.28 The Commission, however, decided to examine and act on the

recommendations made by the NHRC team which had visited the State from 10
to 15 November 2008 and inquired into the incident.

149
9.29 As regards the allegation of police throwing tear gas shells in a school at
Kulashekar, the finding of the enquiry team was as under :
“The photographs and video recordings collected with regard to

this incident by the enquiry team from the police, the Arch Bishop,
and independent sources show that excessive and unnecessary
force (lathi charge) was used by the police after they entered the St.
Joseph School at Kulashekar. The video recording shows the police
beating up women and children and thereby causing a stampede in
the corridors of the school. It is also pertinent to note that the police
did not take any steps to provide first aid or medical treatment to
any of those injured in the police action at Kulashekar.”
9.30 Regarding the incident of expired tear gas shells being used to disperse
the Christian agitators in Mangalore, the enquiry team examined two doctors
namely Dr. L. N. Joshua from Father Mueller’s Hospital and Dr. Venkatesh N.
from Government District Hospital Wenlock. Both Doctors stated that no
patient came to the hospital with the history of tear gas exposure.
9.31 Thus, on examination of the NHRC team’s enquiry report it was found
that no Christian agitator was exposed to toxicity as a result of use of tear
gas shells by the police in Mangalore. It was also seen from the report that 12
persons received injuries as a result of excesses committed by the police in
St. Joseph School at Kulashekar. The names of the 12 injured persons were:
Ashma Dorothy Montero, Francis, Renil D’Souza, Senior Sister Denisia, Senior
Sister Selma, Sister Preeti Fernando, Sister Greta Gomes, Rison Fernando,
Francis D’Silva, Savitha Shanti Pinto, Alice Rodrigues and Ms. Nishal D’Souza.
It was not disputed that the religious places of Christians were attacked by
fundamentalists. It was natural for the followers of Christianity to feel agitated. It
was their fundamental right to protest against the desecration of their religious
places. Even if it became necessary for the police to use force to disperse the

150
agitating mob, it should have used such force with utmost restraint. The enquiry
Chapter - 9
report of the NHRC team established that the police had used excessive force.
Therefore, the 12 persons who received injuries in police action were entitled
to be compensated.
9.32 The Commission after careful consideration of the report of the NHRC
team observed that the police used excessive force and 12 persons received
injuries as a result of excesses committed by the police in St. Joseph School at
Kulashekar. Therefore, these 12 persons are entitled to be compensated. The
Commission, therefore, recommended the Government of Karnataka to pay
each a sum of Rs.15,000/- (Rupees Fifteen Thousand only) as monetary relief.
9.33 On receipt of the compliance report from the Government of Karnataka,

the case was closed.
5. Killings of Innocent Muslims in Hashimpura, Meerut District, Uttar Pradesh

(Case No. 11623/24/54/2015)
9.34 The NHRC received an email dated 24 March 2015 from Shri Oscar
Fernandes, Andheri in Mumbai, Maharashtra inviting attention of the
Commission towards an incident of year 1987 wherein 42 persons of Muslim
community were picked up by the Provincial Armed Constabulary (PAC) from
village Hashimpura in Meerut district of the State of Uttar Pradesh. All these
men were allegedly taken in a PAC Truck. They were shot and killed by PAC
Jawans on the way and their bodies were thrown into Gang Nahar, Murad Nagar
and Hindon River, Ghaziabad in Uttar Pradesh.
9.35 The Additional Sessions Judge, West-04, Delhi while delivering the
judgment on the completion of trial of the accused, held that the evidence
adduced by the prosecution was not sufficient to record the guilt for the
offences the accused persons had been charged with. It was further stated that
it was painful to observe that several innocent persons had been traumatized

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and their lives had been taken by the State agency but the investigation agency
as well as the prosecution had failed to bring on record the reliable material to
establish the identity of culprits. The accused persons facing trial are entitled
to benefit of doubt existing in the case of prosecution. With these directions,
the Court acquitted all the accused persons of the charges framed against them
in its judgment dated 21 March 2015.
9.36 The Commission took cognizance of the matter on 13 April 2015 when it
“The Commission has perused the communication received from

Shri Oscar Fernandes as well as the judgment of the Court, passed
on 21.03.2015. All the persons had allegedly been killed in police
action which resulted in violation of their human rights. The matter
was pending in the Court for a long time. Taking cognizance of these
facts, the Commission would like to have a detailed report from the
Government of Uttar Pradesh on steps taken by them for grant of
relief to the next of kin of the deceased and rehabilitation of their
families.
Issue notice to the Chief Secretary, Government of Uttar Pradesh

calling for a response within two weeks.
Registry will examine the judgment and suggest what steps can be
taken to bring the culprits of 1987 incident to justice. The matter be
placed before the Full Commission on 27.04.2015.”
9.37 The Full Commission considered the matter on 27 April 2015 when it
“On perusal of the judgment of the Sessions Judge, it is seen that the
finding of the Sessions Judge is bristled with several contradictions.
There is a serious failure of justice and a fit case where an appeal

152
could be filed before the High Court against the judgment. The Law
Chapter - 9
Division will explore the possibility of filing an appeal before the
High Court of Delhi.
The finding of the Additional Sessions Judge clearly established that

42 persons of the Muslim community were abducted from Mohalla
Hashimpura and later they were shot at and their bodies disposed
of. The observations of the Learned Sessions Judge in para 15.11 of
his judgment is to the following effect:-
It has been established that about 42 persons abducted from

Mohalla Hashimpura were put in a yellow colour PAC truck
by PAC officials, the said truck, instead of police station or
police line, was taken first to Gang Nahar Murad Nagar
where several abducted persons were shot at and thrown
into waters of Gang Nahar, Murad Nagar and thereafter the
remaining persons were shot at Hindon River near Makan
Pur Village, Ghaziabad and thrown into waters of Hindon
River by presuming all of them dead.
The above finding shows that the PAC officials have committed
serious violation of human rights by doing away with 42 innocent
persons. For the above illegal act the State of Uttar Pradesh is
vicariously liable to pay compensation. Hence, Registry to issue a
notice u/s 18 of the Protection of Human Rights Act, 1993 to show
cause why suitable monetary relief should not be recommended
to be paid to the next-of-kin of the deceased persons as also to the
injured persons who had survived the attempt on their lives. Chief
Secretary, Government of Uttar Pradesh shall submit response to
the show cause notice within a period of six weeks”.

153
9.38 In response to the show cause notice, the Commission received a letter
dated 20 July 2015 from Joint Secretary (Home), Government of Uttar Pradesh,
according to which an amount of Rs. 34,20,000/- (Rupees Thirty-four Lakhs
and Twenty Thousand only) had been paid to seven persons (next-of-kin of the
deceased/injured persons). It was further stated that sanction had been issued
for payment of Rs. 5,00,000 (Rupees Five Lakhs only) each to next-of-kin of 38
deceased/untraced persons.
9.39 Reply to the show cause notice received from the State Government is
under consideration of the Commission.
6. Identification, Rescue, Release and Rehabilitation of Bonded Labourers

from a Brick Kiln Under P.S. Rohnia, Varanasi, Uttar Pradesh
(Case No. 9344/24/72/2012)
9.40 The Commission received a complaint from one Zila Mushar wherein
it was alleged that he along with his family members were engaged in brick
moulding work at a brick kiln and that they were not paid their due wages.
A complaint was made to the District Magistrate, Varanasi but no action was
taken.
9.41 In response to the notice, the Addl. District Magistrate, Administration,

Varanasi informed that the labourers were paid as diet money per week.
However, they were never paid proper wages and were compelled to work
under threat. On 3 May 2012, the complainant Zila Mushar along with other 14
persons were got released from Jagat R. Brick Kiln. FIR No.37/12 was registered
at P.S. Rohnia against the owner of the brick kiln. Labour Enforcement Officer
also initiated legal action against the brick kiln owner.
9.42 The Commission upon consideration of the matter observed that the
release certificates had been issued in the name of all the 15 released bonded
labourers and called upon the District Magistrate, Varanasi to update regarding
the steps taken for their rehabilitation.

154
9.43 Pursuant to the directions of the Commission, the District Magistrate,
Chapter - 9
Azamgarh and District Magistrate, Jaunpur, Uttar Pradesh informed that two
of the released labourers each from these Districts had been rehabilitated. The
District Magistrate, Varanasi intimated that all the 11 released labourers of
Varanasi District were also rehabilitated.
9.44 The Commission upon further consideration of the matter observed

that all the 15 released labourers who had been issued release certificates had
been duly rehabilitated by payment of their rehabilitation assistance through
the District Magistrates of Jaunpur (2 labourers), Varanasi (11 labourers) and
Azamgarh (2 labourers). Thus, the matter needs no further intervention of the
Commission. Accordingly, the case was closed by informing the complainant.
7. Release and Rehabilitation of Bonded Labourers from a Brick Kiln in Basti

District, Uttar Pradesh
(Case No.25510/24/15/2011-BL; L.F. 5685/24/65/2012-BL)
9.45 The Commission received a complaint from Sh. Ashok, s/o Shri Surajpal,
r/o Village Raipur, Tehsil and P.S. Sikandara Rau, District Hathras in Uttar
Pradesh alleging that the complainant and other persons were being held as
bonded labourers at a brick kiln in District Basti in Uttar Pradesh. He requested
the NHRC to get the aforesaid persons held as bonded labourers by the brick
kiln owners released from their clutches as well as get their wages paid to them.
9.46 The Commission while issuing the notice to the District Magistrate
reminded him that the provisions contained in Section 10 of the Bonded Labour
System (Abolition) Act, 1976 (hereinafter referred to as ‘The Act’) are required
to be followed strictly while making an inquiry. Attention must be paid to the
provisions contained in sub-clause (g) of Section 2 of the Act, which points out
the system of forced or partly forced labour where one has to presume that the
labourer has entered into an agreement with the creditor to the effect that in
consideration of an advance obtained by him or for any economic consideration

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received by him, he would render services without wages or with nominal

wages and he forfeits the freedom of employment or other means of livelihood
or he forfeits the right to move freely or forfeits the right to appropriate or sell
at market value any of his property or product of his labour or the labour of a
member of his family. This includes the system of forced or partly forced labour
and presumption is required to be raised.
9.47 Sub-clause (i) of Section 2 of the Act, defines ‘nominal wages’. If the
wages, which are less than the Minimum Wages fixed by the Government, are
paid the provision is attracted. The officer should know about the decision of
the Apex Court wherein the broad, liberal and expansive interpretation of the
definition of ‘bonded labour system’ is given. According to the interpretation,
it is not necessary to prove beyond doubt the element of loan/debt/advance
in the creditor/debtor relationship. Such an element can always be implied
or assumed. This is on account of the fact that the creditor and the debtor
represent two diametrically opposite sections of the society. Traditionally, the
debtor is poor, resourceless and in need of defence, whereas the creditor is
rich, resourceful and dominant. Thus, their relationship is an unequal exchange
relationship. If the debtor is rendering certain services to the creditor without
any wage or with nominal wage, it is to be presumed that he is doing it not
out of any charity but out of some economic consideration. It is on account of
this that it is not necessary to prove beyond doubt the element of loan/debt/
advance.
9.48 The provisions contained in Article 23 of the Constitution of India are

also not noticed by the officers. Even if remuneration is paid, labour supplied
by the persons would be hit by Article 23 if it is forced labour, i.e. service has
been rendered by force or compulsion. Article 23 strikes at all form of forced
labour even if it has its origin in a contract voluntarily entered into by the
person obligated to provide labour or service.

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9.49 It should not be forgotten that the poor people in this country, who are
Chapter - 9
uneducated or mostly belong to Scheduled Castes and Scheduled Tribes, have
no other alternative but to survive on the earth with whatever is paid. They are
required to do work as directed by their masters and they have no alternative but
to accept whatever is paid to them. It is for the officers exercising powers under
the Bonded Labour System (Abolition) Act, 1976, to read between the lines and
to understand the circumstances under which a poor person is compelled to
work. He would send a complaint as a last resort. Without making any inquiry
from such labourers and to accept the version of the employer is nothing but
breach of the duty cast upon them. It is their duty to raise a presumption when
the employer has failed to produce relevant records required to be maintained
under the Minimum Wages Act and to declare labourers as bonded labourers
when they are not paid Minimum Wages according to law and no satisfactory
evidence is produced as pointed out under the Minimum Wages Act.
9.50 Law mandates that the employer shall maintain registers and records
giving particulars of employees employed by him, the work performed by them,
the wages paid to them and the receipt obtained. When the brick kiln owner
claims that he has paid minimum wages under Minimum Wages Act, then it is
for him to produce documentary evidence in proof of payment to show that he
has paid wages in accordance with law. It is for this purpose that he is required
to maintain muster roll and other record. If the employer fails to produce the
books of accounts then the District Magistrate or the officer authorized by him
must raise the presumption that the labourers were kept as bonded labourers.
9.51 Every employer is required to maintain a register of wages in Form X.

He shall mention the details of the person employed and the entries pertaining
to the wages for a period for which he worked. A wage slip in Form XI shall be
issued by every employer to every person employed by him. He shall get the
signature or thumb impression of every person employed, on the register of

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wages and wage slip. These entries in the register shall be authenticated by
the employer or any person authorized by him in this behalf. A muster roll
shall be maintained by every employer at the work spot and in Form IX and the
attendance of each person employed in the Establishment shall be recorded
daily in that form within three hours of the commencement of the work shift.
It has been observed by the Commission that the team who visits the brick kiln
for inspection does not take trouble to verify as to whether the employer is
maintaining these records as mandated by law. The team also does not verify if
the entries in the register of wages and wage slips have been authenticated by
the employer or by any other person authorized by him in this regard. In the
absence of these documentary evidence and books of accounts, a duty is cast on
the District Magistrate to presume that the allegations made in the complaint
are true and they are being kept as bonded labourers.
9.52 Not conducting the enquiries immediately by the officer concerned

amounts to nothing but frustrating the object of the Act. The philosophy of the
Constitution, the intention of the Parliament in enacting and amending Labour
Welfare legislation and the Law interpreted by the Supreme Court is that the
denial of minimum wages tantamounts to forced labour and infringement of
Article 23 of Constitution of India thus, affecting the provisions of the Act.
9.53 The officer conducting an enquiry shall also report whether the
employer has committed breach of any of the provisions contained in the
labour legislations, particularly, the Bonded Labour System (Abolition) Act,
1976; the Payment of Wages Act, 1936; the Minimum Wages Act, 1948; the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989;
the Interstate Migrant Workmen (Regulation of Employment and Conditions
of Services) Act, 1979; the Contract Labour (Regulation and Abolition) Act,
1970; the Child Labour (Prohibition and Regulation) Act, 1976; and the Weekly
Holidays Act, 1942.

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9.54 He shall also report about the Vigilance Committee constituted under
Chapter - 9
the Act for the area wherein brick kiln is situated and its constitution, if
constituted. He/she shall also report about the function of such committee
and the assistance taken of member or members of such committee, a non-
governmental organization or a social worker during the inquiry giving all
details.
9.55 He shall also verify the license issued by the competent authority under
the provisions contained under the environmental laws and shall record his
satisfaction about the same with license number, etc. and the name of issuing
authority.
9.56 He shall also collect the names and addresses of all the labourers referred
in the complaint and found at that place, namely, brick kiln - owned by Karim
Bhai, situated at Village Tehra, Nagehari, Near Mathurapur Police Chowki, Bagh
Nagar, P.S. Basti, District Basti in Uttar Pradesh and shall forward the same to
the Commission along with his detailed report.
9.57 The District Magistrate, in this case, Basti (Uttar Pradesh), is directed to
depute a competent officer immediately for a spot enquiry and identification of
bonded labour, if any. If bonded labourers are found, immediate steps shall be
taken for their release and consequential benefits which they are entitled. An
action taken report was to be submitted to the Commission.
9.58 Pursuant to the directions of the Commission, it was intimated that the
Sub-Divisional Magistrate, Khalilabad had released six labourers including
the complainant Shri Ashok. In response to the directions of the Commission,
compliance reports were received from the District Magistrate, Hathras and
District Magistrate, Aligarh respectively. As per the said reports, all the six
released labourers were rehabilitated. Accordingly, the case was closed with
intimation to the complainant.


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Chapter - 10
Rights of Women and Children
10.1 Equality for women and children is at the very heart of human rights.
A fundamental principle of the United Nations Charter adopted by world
leaders in 1945 is equal rights for all and is the responsibility of all States. The
Constitution of India also contains provisions for their survival, development,
protection, participation and empowerment. Yet, women and children continue
to experience discrimination despite the fact that India is a party to the
Convention on the Elimination of all Forms of Discrimination against Women,
1993 (CEDAW) and the Convention on the Rights of the Child, 1992 (CRC).
Perhaps, a lack of sufficient, effective, inclusive and efficient public spending
on women and children is one of the main barriers to the realization of their
rights. Relevant policy and legislative commitments remain empty promises
unless the Government in power generates and equitably allocates adequate
resources for their implementation in their state and national budgets, and
ensure effective and efficient use of resources.
10.2 Equitable, continuous and broad based investment in women and

children can level the playing field by providing every woman and child with
the same opportunities for survival, development, protection, participation
and empowerment. Inadequate investment, especially in the most vulnerable

161
and marginalized, can perpetuate the inter-generational transmission of

poverty and inequality, leading to irreversible negative impact on their all-
round development. In fact, responsive budgeting will ensure that human
rights principles and standards of universality, indivisibility, accountability,
transparency and the rule of law of women and children are upheld.
10.3 The paragraphs given below highlight some of the important activities
undertaken by the Policy Research, Projects and Programmes Division, in short,
Research Division of NHRC, on rights of women and children.
A. Interrogating Violence against Women from the Other Side

: An Exploratory Study into the World of Perpetrators
10.4 As mentioned in the NHRC Annual Report of 2014-2015, the above

research study was undertaken in August 2014 in collaboration with the Centre
for Women’s Development Studies (CWDS), New Delhi. The central objectives
of the research are to – analyze the existing literature on perceptions of crimes
against women from an inter-disciplinary perspective with particular focus on
India; profile a sample of perpetrators of such crimes encompassing juveniles,
adults, undertrials and convicted offenders; tracking of specific cases to gauge
the viewpoint of specific victims; and response of the criminal justice system
towards the changing contours of crimes against women and their perpetrators.
The time duration of the study is two years.
10.5 During the period under review, the NHRC facilitated CWDS with
the research work and a presentation was also made by the CWDS in the
Commission on 9 July 2015. In the light of the presentation made by the CWDS,
their attention was drawn towards the Terms of Reference of the research
project as the research conducted so far by them had drastically been limited
and confined to juveniles between the age of 16-18 years only. As the other

162
categories of perpetrators of crimes/violence against women including
Chapter - 10
adults had been removed from the scope of the study unilaterally, CWDS was
communicated that this will not serve the purpose of NHRC. Furthermore,
there is need to probe into the minds of the perpetrators keeping in view their
overall background rather than restrict just to their socio-economic criteria
which is generally a known factor. Moreover, it would be useful to follow the
case study method, as this would cover the entire spectrum of factors linked to
the commission of crime by the perpetrator and bring out meaningful findings
and policy prescriptions. Last but not the least, there is a need to establish
necessary linkages between the theories taken up under the desk review and
the methodology.
B. National Research on Human Trafficking in India
10.6 The Commission embarked on the above research in collaboration with

the Tata Institute of Social Sciences (TISS), Mumbai as a follow up to the Action
Research on Trafficking in Women and Children in India undertaken by the
NHRC from 2002-2004. The main objectives of the ongoing research are to
– (i) understand the changing dimensions of human trafficking; (ii) make an
assessment of the extent of human trafficking; (iii) assess the economics of
human trafficking and the processes involved in human trafficking including
cross-border trafficking, situation of trafficking in militancy/extremism affected
areas and naxal affected areas; (iv) the current response system, including the
legal framework, State and non-State intervention and community; and (v) the
way forward to address the identified gaps.
10.7 A meeting under the chairmanship of Justice Shri Cyriac Joseph, Member,
NHRC was held in the Commission during 2015-2016 to review the overall
progress made in the research.

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C. Study on Human Rights of Transgender as a Third Gender
10.8 This research has been undertaken by the NHRC in collaboration with
Delhi-based NGO, Kerala Development Society. Its main objectives are to :
(i) study the overall profile of transgender as a third gender by focussing on
their essential socio-economic variables, like age, caste, religion, education,
employment, income, etc. and whether Registrar General of India (RGI) includes
transgender in Census and other enumerations; (ii) examine various kinds
of discrimination, human rights violations faced by them in different spheres
concerning their lives, including coping mechanisms, both in urban and rural
areas; (iii) evaluate entitlements given to transgender by Central and State
Governments under various schemes/programmes like education, health,
employment, food, pension, etc. and reasons for their inclusion/exclusion,
including problems faced by them in accessing those entitlements; (iv) study in
depth the programmes/schemes launched/facilities provided for transgender
by the Centre, State or Local Government and critically identify the areas of
economic activities for self-reliance; (v) make an in-depth analysis of the laws
and policies, if any, for transgender along with the Supreme Court judgement
and steps taken by the Central and State Governments for their overall
developments in the light of the given policy, law(s) and judgement; (vi) examine
the prevalent practices towards transgender in other countries and also study
the UN Yogyakarta Principles of international human rights law in relation to
sexual orientation and gender identity; and (vii) develop and build database
and come up with actionable recommendations to protect and promote their
human rights – civil, political, economic, social and cultural rights.
10.9 The research was started in March 2015 and its draft report submitted
by Kerala Development Society in February 2016. On examination of the draft
report, the Commission informed the Principal Investigator of the study about
the prevalent gaps in the report and the need for strengthening the same.

164
D. Country Assessment/National Inquiry on Human Rights in
Chapter - 10
Context of Sexual and Reproductive Health and Well Being
10.10 This study was initiated by the Commission in March 2016 in

collaboration with SAMA-Resource Group on Women and Health and Partners
for Law in Development (PLD) , New Delhi with the following objectives :
• Document existing international framework and language on human

rights relating to sexual and reproductive health and well-being.
• Map and analyze legal and policy framework, demographic data on

sexual and reproductive health and rights in India towards identifying
compliance, gaps and making recommendations for reform in law, policy
and praxis.
10.11 While SAMA would focus and work on the national and international
scenario pertaining to “Reproductive Health and Rights”, PLD will concentrate
on the national and international scenario relating to “Sexual Health and Well
Being”. The assessment will be carried out through mapping and analysis of
Sexual and Reproductive Health Rights (SRHR) standards in India from secondary
sources as well as through questionnaires, interviews and discussions with key
stakeholders. Besides, it will cover (i) international policy and legal framework
on SRHR, and (ii) national laws, national and state policies, programmes and
schemes. The duration of the research project is of one year.
E. Illustrative Cases Relating to Rights of Women and Children

Dealt by NHRC
1. Alleged Child Sex Slavery in Connivance with Police in Puducherry
(Case No.67/32/0/2014-WC)
10.12 This case relates to the complaint of Dr. Subash Mohapatra, Executive
Director, Global Human Rights Communications, Bhubaneswar, Odisha alleging

165
that in the Union Territory of Puducherry police officials were engaged in

child sex slavery. Upon his complaint the police had busted a racket in May
2014. Following a tip from the Child Welfare Committee and Childline the
police arrested the accused and rescued four minor girls who were forced into
prostitution.
10.13 The Commission took cognizance of the complaint on 15 September 2014

and called for a report from the Chief Secretary, Union Territory of Puducherry.
The report received admitted the allegations. The police found that 18 persons
were involved and out of this given number, nine were police personnel.
Furthermore, out of these nine, five were arrested and four were found to be
absconding. The other nine persons who were not from the police were also
arrested. Departmental inquiry had also been initiated against all those nine
police personnel and they were dismissed from service. A chargesheet too had
been filed against eight persons who were not from the police and chargesheet
was to be filed in respect of one person. As far as police personnel were
concerned, investigation was in progress as four officers were still absconding.
10.14 The Commission considered the report on 28 April 2015 and observed
that in all two victims were minor girls and remaining were also minor girls
in conflict with law. The facts as put forth in the report were very serious in
nature and of great concern to the Commission and for all law abiding citizens
of this country. Minor children were used for prostitution and that too by some
of the police officials who had no respect for law. It was seen that they had made
a good sum of money apart from vehicles, gold jewellery out of the earnings
by forcing minor girls into prostitution. At the same time, the police had
busted the racket and had taken action against its own officials by registering
cases against them under the relevant provisions of law. However, there was
another side of the picture, namely that law enforcing machinery using their
power had resorted to such illegal acts. The victims were all minors and were

166
presently in the custody of the Child Welfare Committee. These victims, the
Chapter - 10
Commission opined, must be adequately compensated. It was of the view that
while determining the amount of compensation, the pains and sufferings of
the victims need to be considered. The Commission was informed that all
rehabilitation measures had been taken by the Union Territory of Puducherry
to guarantee dignity of life to them. The Government had so far not undertaken
any exercise for payment of compensation.
10.15 Accordingly, the Commission directed the Chief Secretary, Union

Territory of Puducherry to pay a sum of Rs. 1,00,000/- (Rupees One Lakh only)
each to the four victim girls and submit a compliance report within eight weeks.
On receipt of the compliance report, the case was closed.
2. Seventy Year Old Man in Haryana Buys a 12 Year Girl from Bihar for
Marriage
(Case No.612/7/19/2010)
10.16 In the given case a complaint dated 16 March 2010 from Shri R.H. Bansal,
Chief Editor, Human Rights Observer was received in the Commission wherein
it was alleged that in Village Nuran Khera District of Sonipat, Haryana a 70 year
old man Balram bought a 12 year girl from Village Ghogia, District Chhapra,
Bihar and married her. The complainant alleged that the girl was sold by her
parents due to abject poverty. He prayed for intervention of the Commission to
issue directions for a high level enquiry into the incident and action against the
culprits for solemnizing marriage with a 12 year child.
10.17 The Commission took cognizance of the matter on 12 April 2010 and
issued a notice to the respective Secretaries, Department of Social Welfare,
Government of Haryana and Bihar as well as to the Director General of Police,
Haryana directing them to inquire into the incident and submit a report within
four weeks.

167
10.18 According to the report received from the State authorities, it was
conveyed that a case was registered with Mashruk P.S., District Saran, Bihar
vide case No.16/11 under the Prohibition of Child Marriage Act, 2006 and
Hindu Marriage Act, 1955.
10.19 The Commission on consideration of the matter on 26 January 2014

observed that it took almost one year for registration of FIR by police in a case
of child marriage and the delay in registration of FIR had violated the rights of
the victim. Consequently, it issued a notice to the Chief Secretary, Government
of Bihar to show cause as to why monetary relief u/s 18 of the Protection of
Human Rights Act, 1993 be not recommended to be paid to the victim.
10.20 After consideration of the reply to the show cause notice, issued
u/s 18 of the Protection of Human Rights Act, 1993, the Commission on 6
May 2015 recommended to the State Government of Bihar to pay a sum of
Rs.25,000/- (Rupees Twenty-five Thousand only) to the victim. Although the
State Government of Bihar sanctioned Rs.25,000/- to be paid to the victim,
the amount could not be paid, as the victim could not be traced by the police
and administrative officers. Hence the case was closed by the Commission
on 28 June 2016 with the directions to the District Magistrate, Saran to make
continued efforts for searching the victim and to hand over the amount if she is
traced out.
3. An Adolescent Raped by Rajputana Rifles Personnel at Swaraj Garden in

Pune, Maharashtra
(Case No.778/13/23/2010-AF)
10.21 A complaint dated 12 April 2010 was received from the Director,
National Campaign for Prevention of Torture, New Delhi stating that on 7
April 2010, a 19 year adolescent was raped by Rajnish Kumar Suresh Chandra
and Saminder Singh, personnel of Rajputana Rifles at Swaraj Garden in Pune.

168
The complainant prayed for intervention of the Commission and directions
Chapter - 10
to be given to the Ministry of Defence, Government of India and the State
Government of Maharashtra for inquiry into the matter, arrest of the accused
personnel and appropriate legal action and payment of interim compensation
of Rs.10,00,000/- (Rupees Ten Lakhs only) to the victim.
10.22 The Commission took cognizance of the complaint on 13 May 2010

and called for a report from the Secretary, Ministry of Defence, Government of
India, New Delhi and the Senior Superintendent of Police, Pune, Maharashtra.
Pursuant to the directions given by the NHRC, the Under Secretary to the
Government of India, Ministry of Defence on 14 February 2012 submitted
that on 9 April 2010 both the individuals against whom the FIR was lodged
were handed over to the police and they were produced in the court and sent
to jail. The outcome of the case along with latest status of the matter would
be intimated to NHRC as and when the same is received from Army HQrs. It
was subsequently informed that a case No. 639/10 State of Maharashtra vs.
Samunder and Rajnish Kumar Suresh Chandra Kumar was pending in the
Court of Addl. Session Judge, Pune and on 6 May 2013 both the accused were
convicted and sentenced to rigorous imprisonment for 10 years and pay a fine
of Rs. 15,000/- (Rupees Fifteen Thousand only) each. In case the fine was not
deposited, they would undergo rigorous imprisonment for one more year. Both
the accused were also convicted u/s 506(ii) r/w 34 IPC and sentenced rigorous
imprisonment for five years and fine of Rs.5,000/- (Rupees Five Thousand
only) each. In the event of non-payment of fine, they were to undergo rigorous
imprisonment of 6 more months.
10.23 The Commission considered the matter on 11 April 2014 and observed
that both the accused persons had been punished and thus it was a confirmed
case of violation of human rights of the girl. Accordingly, the Commission issued
a notice u/s 18 of the Protection of Human Rights Act, 1993 to the Secretary,

169
Ministry of Defence, Government of India to show cause as to why the victim be

not recommended interim relief.
10.24 The Director (AG-1), Government of India, Ministry of Defence,

New Delhi submitted a reply dated 6 June 2014 to the show cause notice
intimating that no compensation is required to be paid by it on the plea that
both the accused persons were not performing any official duty at the time of
commission of offence and had committed the offence purely in the capacity of
being civilians and they have been convicted by the court by imposing a fine of
Rs.40,000/- (Rupees Forty Thousand only) and out of this amount to pay a sum
of Rs.35,000/- (Rupees Thirty-five Thousand only) to the victim.
10.25 The Commission on consideration of the matter on 6 May 2015 observed

that the recommendation made by it is different from the amount awarded
by the court at the conclusion of the trial. The amount recommended by the
Commission is for violation of human rights of a victim by a public servant. The
Commission also found that the accused persons were in military and thus the
submission made by the Ministry of Defence that the accused persons were
not performing any official duty at the time of commission of offence cannot
be believed and it is a clear case of sexual abuse by two army officials in the
cantonment area which is a clear violation of human rights. Finding the amount
awarded by the court being insufficient, the Commission recommended to the
Central Government through the Ministry of Defence, Government of India to
pay Rs.50,000/- (Rupees Fifty Thousand only) to the victim. The compliance
report is awaited.
4. A Minor Class V Girl Gives Birth to a Female Child

(Case No.2106/18/14/2013-WC)
10.26 In a complaint dated 7 August 2013 to the Commission, Global Human

Rights Communications alleged that a Class V student, named Sarita Minz and

170
residing in Bhogpara Primary Sevashram, an educational institution run by the
Chapter - 10
Government of Odisha had given birth to a female child. The School authorities
instead of taking care of the minor girl and child tried to hush up the matter
and sent the girl to her parents. The complainant stated that the care which was
due to the new born child at the time of birth was denied to her. She was born in
the toilet of the Sevashram and was not taken to the hospital and this amounts
to violation of her human rights and prayed for payment of compensation to
the victim.
10.27 The Commission took cognizance of the matter on 16 September

2013 and transmitted a copy of the complaint to the Secretary, Department
of Education, Government of Odisha, Bhubaneswar and the Superintendent of
Police, Sundargarh, Odisha calling for a report. In response, the Commission
received a report from the Collector, Sundergarh as forwarded by Director
(ST)-cum-Additional Secretary, Government of Odisha, ST & SC Development
Department vide letter dated 13 December 2013 and a report dated 28 October
2013 from the Superintendent of Police, Sundargarh.
10.28 The Commission further considered the matter on 10 November 2014

when it observed that it was informed that on the basis of an inquiry conducted
in the matter it was revealed that the girl had become pregnant due to the
physical relations between her and one of her relatives during one of her visit
to her home. Further a case had been registered under Section 376(2)(i) IPC
with Section 4 of the Protection of Children from Sexual Offences Act (POCSO)
and the relative had since been chargesheeted. Further, the Headmaster of the
school (Head Sewak) had been placed under suspension and departmental
action had been initiated against him. The Welfare Extension Officer, Kutra
Block, was also found to be negligent in performance of his duties for which a
show cause notice had been issued to him.

171
10.29 Shri B.S. Punia, District Magistrate, Sundargarh, along with Supdt.
of Police, Sundargarh, appeared before the Commission and stated that a
chargesheet had been filed in the criminal case registered against Anuranjan
Kawa, the relative of the minor girl on 17 February 2014. He further stated
that a recommendation had been sent to the District & Sessions Judge for
grant of monetary compensation of Rs. 1,50,000/- (Rupees One Lakh and
Fifty Thousand only) under the Odisha Victim Compensation Scheme, 2005
which was pending. The Supdt. of Police, Sundargarh, was advised to carefully
go through the guidelines issued under the POCSO Act, 2012 and in case any
monetary compensation is due under the said Act which is over and above the
compensation already recommended to the victim of the sexual crime then a
recommendation for grant of monetary compensation under the POCSO Act
should also be sent to the concerned authority under the State Administration.
10.30 The Commission further observed that in this matter where a young girl
aged 14 years had suffered not only at the hands of her relative by way of rape
but also at the hands of the authorities of a school of which she was a student.
It thus appeared to be a fit case where monetary compensation deserves to be
granted to the victim. The Commission thus issued a notice under Section 18 of
the Protection of Human Rights Act, 1993, to the Chief Secretary, Government
of Odisha, to show cause as to why monetary compensation should not be
recommended to be paid to Ms. Sarita Minz,, daughter of Buddhu Minz, for the
alleged violation of her human rights and the rights of her new born baby.
10.31 In response to the show cause notice issued to the Chief Secretary,
Government of Odisha, the State Government pleaded for exemption. The
Commission on consideration of the matter on 31 August 2015 rejected the
State Government’s plea and reiterated the recommendation for a sum of
Rs.1,00,000/- (Rupees One Lakh only) be paid to Sarita Minz for the alleged
violation of her human rights. The compliance report in the case is awaited.

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5. Alleged Sexual Assault of a Visually Challenged 10-year Girl Student by her
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Teacher and Two Students
(Case No.629/12/8/2014)
10.32 As per the complaint, a visually challenged 10-year-old girl student was
sexually assaulted by her Teacher.

a case was registered u/s 376 IPC and the POCSO Act. After investigation, a
chargesheet was filed against the Teacher. During investigation, it was found
that she was also raped by two students and chargesheet was also filed against
them. The Commission issued a show cause notice to the Chief Secretary,
Government of Madhya Pradesh as to why compensation may not be paid to
the victim. In response, it was reported that the DNA of the accused Teacher
did not match with the foetus and the Teacher was reinstated. The authorities
reported that further action will be taken after the decision of the Criminal
Case.
10.34 The Commission observed that as chargesheets were filed against the
accused Teacher and the two students, prima facie a case of breach of human
rights of the victim was established. Further, DNA profile of the accused
students match with that of the foetus. Hence, grant of compensation may not
be delayed till the final verdict in the criminal case. The Commission, therefore,
recommended payment of Rs. 2,00,000/- (Rupees Two Lakhs only) to the
victim. Compliance report along with proof of payment is awaited.
6. Twenty-five Children of Anganwadi Centre in Village Silpuri, District

Raisen, Madhya Pradesh Fall Sick After Consuming its Meal
(Case No. 2695/12/33/2014)
10.35 The Commission received a complaint dated 26 August 2014 from Shri R.
H. Bansal, alleging that 25 children and three women fell sick at the Anganwari

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Centre in Village Silpuri, District Raisen, Madhya Pradesh after consuming the
meal served therein in which a dead lizard was found.

a criminal case had been registered about the incident and the accused Paan
Bai and Geeta Bai were arrested. A dead lizard was found at the bottom of the
utensil containing kheer (cooked rice in milk and sugar). The agreement of the
contractor providing food was cancelled and the Anganwadi worker Shyama
Bai was issued notice for her removal.
10.37 The Commission observed that the children must have undergone a
traumatic experience after consuming the kheer and a case of breach of human
rights was made out. The Commission issued a show cause notice to the Chief
Secretary, Government of Madhya Pradesh as to why monetary compensation
should not be recommended for payment to the affected children. While the
reply is awaited, the matter continues to be under the consideration of the
Commission.
7. Alleged Sexual Harassment of a Girl Student by a Teacher in a School in

Haryana
(Case No.1438/7/15/2012)
10.38 In this case the complainant Dr. Lenin, General Secretary, Manavadhikar
Jan Nigrani Samiti, Varanasi, Uttar Pradesh in a complaint dated 9 April 2012
alleged that a Teacher in a school in Haryana, teased a girl student for allowing
her extra time for completing the question paper, and made sexual advances
to her during the Board examination. The matter was reported to the Police as
well to the Department of Education, Government of Haryana. The Police had
reportedly registered a case against the Teacher. The complainant requested
the Commission to intervene in the matter for action against the guilty Teacher.

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10.39 The Commission obtained a report in the matter from the Addl.
Chapter - 10
Superintendent of Police, Sonipat, Haryana. It was reported therewith that
Ritu Podia, d/o Rajbir Singh belonging to Scheduled Caste community, and r/o
Saini Colony Ward No. 11, Panipat lodged a complaint against Adesh Kumar,
Junior Basic Training (JBT) Teacher which was registered as Crime No. 300
dated 29 March 2012 u/s 354 IPC at P.S. Chandani Bagh, Panipat. The case
was investigated and the accused Teacher was arrested and after investigation
charge sheet was filed in the court.
10.40 The Joint Director, Elementary Education, Haryana also forwarded a

report submitted by the Addl. Director, Elementary Education, Haryana. It was
concluded in the report that the accused Adesh Kumar, JBT Teacher, Government
Primary School, Krishna Puri, Panipat was at fault. A girl student of Class X
appearing in her final examination cannot dare to have two answer sheets
without the consent of the Teacher on duty in the examination hall. Moreover,
the statement of another girl student namely Priyanka, a friend of Ritu Podia, in
her statement had also stated that after submitting her paper she was waiting
outside the class room for Ritu Podia but the accused Adesh Kumar told her to
go away and not to stand there, makes it clear that the accused Teacher wanted
to have a secluded environment in the room where Ritu Podia was writing her
music paper, so that he could easily tease and make sexual advances to her. The
accused himself had confessed his mistake, in an affidavit. Consequent upon
the said report, the accused Adesh Kumar, JBT Teacher was suspended with
immediate effect and he was attached to Mudula Block Elementary Education
Office. The outcome of departmental enquiry was awaited.
10.41 Upon considering the report, the Commission observed that registration
of criminal case and thereafter a chargesheet in court, prima facie indicates
that the accused Teacher outraged the modesty of Ritu Podia, which is a clear

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case of violation of human rights. Accordingly, the Commission issued a notice

u/s 18(a)(i) of Protection of Human Rights Act, 1993 to the Chief Secretary,
Government of Haryana to show cause as to why interim relief to be paid to
Ritu Podia by the State Government of Haryana be not recommended.
10.42 In response the Joint Director (ET-I), Directorate of Elementary

Education, Haryana, submitted that the accused was proceeded against vide
a Departmental Enquiry as well as through criminal proceedings vide FIR No.
300 dated 29 March 2012 u/s 354 IPC, P.S. Chandibagh, Panipat. However,
the accused was given benefit of doubt and acquitted by the Additional Chief
Judicial Magistrate.
10.43 The Commission further perused the record and observed that Adesh
Kumar, the accused in the above said FIR had been acquitted by the Additional
Chief Judicial Magistrate giving him the benefit of doubt. It implied that the
accused was acquitted by the Court on technical grounds. The acquittal based
on the benefit of doubt to the accused, means that the court had not pronounced
a verdict of “not guilty”. The Commission is of the view that the burden of proof
required in the court of law is of a very high order. The charge against the
accused has to be proved beyond reasonable doubt and if that did not happen
the accused gets the benefit of doubt and is acquitted. On the contrary, the
National Human Rights Commission while dealing with an alleged incidence of
violation of human rights only ascertains as to whether prima facie violation of
human rights has taken place. In this case the victim Ritu Podia alleged that she
was molested, i.e., her human rights had been violated. On her complaint the
criminal case was registered and a charge sheet was filed. Further, a fact finding
enquiry was also conducted by the Additional Director Elementary Education,
Haryana and the allegation of molestation by the accused was found true and
as a result a departmental enquiry was ordered against the accused Adesh
Kumar. These two pieces of information are sufficient to establish prima facie

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a violation of human rights. It was in view of the above that the Commission
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had issued a notice and recommended monetary compensation u/s 18(a)
(i) of Protection of Human Rights Act, 1993. The Commission considered the
information received from the Government of Haryana about the acquittal of
accused Adesh Kumar. The Commission is of the view that his acquittal in no
way alters the status of the case. The Commission is satisfied that there was a
violation of the human rights of victim Ritu Podia a student, in a Government
Girls School, Krishna Puri, Panipat. Hence, the Commission recommended
a monetary compensation of Rs. 50,000/- (Rupees Fifty Thousand Only) u/s
18(a)(i) Protection of Human Rights Act, 1993 to be paid to the victim Ritu
Podia. The Chief Secretary Government of Haryana was asked to submit the
compliance report which is awaited.
8. Sexual Harassment of Class VI Girl Student by her 55 Years Teacher in the

Government Primary School in Pandavapura Taluka, Mandya District,
Karnataka
(Case No. 538/10/14/2013-WC)
10.44 The Commission received a complaint dated 20 August 2013 from Dr.
Subash Mohapatra, Executive Director, Global Human Rights Communications,
alleging that an 11-year-old girl student of Class VI was sexually harassed by
her 55-year-old Teacher in the Government Primary School in Pandavapura
Taluka in Mandya District of Karnataka. The accused Teacher used to harass
other girl students also when they were alone and threatened to fail them in
the examination if they complained. Though it was brought to the notice of the
police, the accused was not arrested. The complainant sought intervention of
the Commission and compensation for the victim.
10.45 The Commission obtained a report in the matter from the Superintendent
of Police, District Mandya, Karnataka, which revealed that on the basis of written
complaint lodged by Shri Jayaramegowda, father of the victim a case was

177
registered in Pandavapura P.S. vide Cr. No.303/2013 u/s 354/376/511/506

IPC and Sec.7/9(c) and (F) of Protection of Children from Sexual Offence Act,
2012. The accused Teacher Basavaraju was arrested on 9 October 2013 and
produced before the Court. He was still under judicial custody. After completion
of investigation, final report will be submitted to the Court as per the law. A
copy of the FIR was also enclosed with the report.
10.46 The complainant in his comments on the police report submitted that
the report was silent about the departmental proceedings against the accused
Teacher and the medical and psychological care provided to the child victim.
The report also did not mention about the education and compensation to the
victim.
10.47 Upon considering the report as well as comments of the complainant

thereon, the Commission observed that prima facie, it is established that a
minor girl was subjected to sexual assault in a Government school by a public
servant. As human rights of the victim had been violated, the Commission
issued a notice u/s 18(a) (i) of the Protection of Human Rights Act, 1993 to the
Government of Karnataka, through its Chief Secretary, to show cause as to why
monetary relief of Rs. 1,00,000/- (Rupees One Lakh only) be not recommended
to be paid to the victim girl. The Commission also asked the State authorities to
inform the current status/outcome of the departmental action initiated against
the accused Teacher and investigation in Cr. No.303/13 of Pandavapura P.S. The
matter continues to be under active consideration of the Commission.
9. Alleged Rape of a Tribal Class VI Student by the Principal of a Government

Middle School at Kota, Rajasthan
(Case No.2664/20/21/2013-WC)
10.48 The NHRC received a complaint dated 9 December 2013 from Dr. Subash
Mohapatra, Executive Director, Global Human Rights Communications, Puri

178
Odisha. In the complaint, it was alleged that a tribal student of Class-VI was
Chapter - 10
raped by the School Principal Abdul Hamid Siddiqui, aged 53 years old of a
Government Middle School in December 2013. The complainant thus sought
intervention of the Commission.
10.49 The Commission obtained a report in the matter from Additional

Superintendent of Police, Kota Rajasthan vide communication dated 7
February 2014. The report revealed that on the complaint of Kumari Jyoti
Saharia, a Scheduled Caste student, P.S. Nayapura, Kota City had registered a
case crime No.776/2013 u/s 354A IPC, section 11/12 of Protection of Children
from Sexual Offences Act, 2012 and section 3 of the Scheduled Castes and the
Scheduled Tribes (Protection of Atrocities) Act, 1989. During investigation, the
Investigating Officer recorded the statements of Kumari Jyoti Saharia, her father
Shri Pappu, Smt. Prem Bai, Shri Kedar Lal Gochar and other staff members of
the school. Her date of birth as per certificate of age was 24 January 2001. After
recording the statements of the witnesses, the Investigating Officer submitted
a chargesheet against the accused person Abdul Hamid Siddiqui u/s 354A IPC,
section 11/12 of Protection of Children from Sexual Offences Act, and section
3 (1) (11) of the Scheduled Castes and the Scheduled Tribes (Protection of
Atrocities) Act. The accused was arrested on 7 December 2013 and sent to jail.
The statement of Kumari Jyoti Saharia was also recorded u/s 164 Cr.P.C. before
the Magistrate. Chargesheet was submitted in the court on 23 December 2013.
10.50 On 8 December 2015, the Commission considered the report and

observed that from the report it was clear that the accused person Abdul Hamid
Siddiqui was a Principal of Government School at Kota and he had outraged the
modesty of Kumari Jyoti Saharia, student of Class VI. This was a grave violation
of human rights of Kumari Jyoti Saharia. Accordingly, a notice u/s 18 (a) (1) of
the Protection of Human Rights Act, 1993 was issued to the Chief Secretary,
Government of Rajasthan to show cause as to why victim Kumari Jyoti Saharia

179
be not recommended compensation by the State Government of Rajasthan. The

District Magistrate, Kota, Rajasthan be asked to inform the Commission as to
what amount of compensation had been awarded under the Scheduled Castes
and the Scheduled Tribes (Prevention of Atrocities) Rules to the victim Kumari
Jyoti Saharia. The Commission also directed initiation of departmental enquiry
against the accused Principal Abdul Hamid Siddiqui and for his transfer from
the place of present posting to some other school so that he may not influence
the witnesses of the departmental enquiry. Response is awaited.


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Chapter - 11
Rights of Elderly Persons
11.1 Of late, there have been considerable promotional efforts at the global
level calling for thinking and action on the rights of elderly persons. Various
stakeholders have called for more visibility and increased use of human rights
standards to address the concerns of elderly persons around the world. This
is primarily due to the fact that the number of persons aged 60 and above is
increasing at an exceptional rate, and is likely to reach 1 billion from its current
740 million by the end of 2020. The increase in numbers has also thrown light
on the lack of adequate protection mechanisms, and on the existing gaps in
policies and programmes to address the situation of elderly people. Today,
two-thirds of the world’s elderly population lives in low and middle-income
countries and this proportion will rise to 80 per cent by 2050.
11.2 Furthermore, elderly persons are not a homogenous group, and the
challenges they face in the protection or enjoyment of their human rights
vary greatly. While some continue to lead active lives as part of their overall
personality, family and community, many others face homelessness, lack
of adequate care or isolation. In fact, most of them are victims of multiple
discrimination, prominent among these being – poverty, violence, abuse,

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insecurity, poor health and well-being, lower earning capacity, limited

availability of old-age pensions, threats and limited control over assets and
property, and unequal participation in private and public decision-making.
11.3 While both elderly men and elderly women face age-based
discrimination, elderly women also face the additional cumulative effects of
gender discrimination throughout their lives. Forms of discrimination against
elderly women include negative stereotypes that render women in old age
as unimportant; limited access to services and entitlements owing to lack of
education, decision-making and participation in public life; lack of access to
age-appropriate health care; lower earning capacity and the additional hurdle
of discriminatory gender-based laws and customs that apply to property and
inheritance. Despite growing evidence on how discrimination affects women
in older age and the challenges they face, the issue seems to have remained
unresolved despite the galvanized progress to promote gender equality through
Goal 3 of the Millennium Development Goals. The issue once again received
little attention during the post-2015 discussions. The truth of the matter is that
ageing and rights of elderly persons fits within the framework of the post-2015
development agenda, including the sustainable development goals.
11.4 Compared to other developing countries, India is considered to be a

young nation. However, a countervailing force may offset some of the gains from
having a relatively young population, and that is the rapid ageing at the top end
of the scale. This is a cause of deep concern as India already has the world’s
second largest population of the elderly, defined as those above 60 years of age.
With changing socio-economic scenario coupled with the emerging trend of
nuclear families, the lives of the elderly is further changing and they are likely
to become more vulnerable in years to come. The challenge is to ensure that
they are able to lead secure, healthy and comfortable lives.

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11.5 With the steady increase in number of the elderly, the rate of human
Chapter - 11
rights violations especially crimes against them are also increasing. Moreover,
a vast majority of elderly persons, being illiterate are ignorant of their human
rights due to which they face serious discrimination. All this has definitely
affected their way of life and sense of well-being.
11.6 The well being of elderly persons is mandated in the Constitution of

India under Article 41, which states that “The State shall, within the limits of
its economic capacity and development, make effective provision for securing
the right to public assistance in cases of old age”. There are other provisions
too, which direct the State to improve the quality of life of its citizens. Right
to equality has been guaranteed by the Constitution as a Fundamental Right.
These provisions apply equally to elderly persons.
11.7 Simultaneously, India is also adhering to international norms and

standards related to rights of elderly persons. Prominent among these being
the Vienna International Plan of Action on Ageing adopted at the World
Assembly on Ageing in 1982, the 1991 United Nations Principles for Older
Persons, the 2002 Madrid International Plan of Action on Ageing adopted at
the Second World Assembly on Ageing, and endorsed by the General Assembly
in its Resolution 57/167.
11.8 The National Social Assistance Programme (NSAP) which came into
effect from 15 August 1995 represents a significant step towards the fulfilment
of the Directive Principles in Article 41 of the Constitution. The programme
introduced a National Policy for Social Assistance for the poor and aims at
ensuring minimum national standard for social assistance in addition to the
benefits that States are currently providing or might provide in future. NSAP at
present comprises Indira Gandhi National Old Age Pension Scheme (IGNOAPS),
Indira Gandhi National Widow Pension Scheme (IGNWPS), Indira Gandhi
National Disability Pension Scheme (IGNDPS), National Family Benefit Scheme
(NFBS) and Annapurna.

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11.9 The Parliament of India has also enacted the Maintenance and Welfare
of Parents and Senior Citizens Act, 2007 to ensure need based maintenance for
parents and senior citizens including their welfare. The Government of India
has come up with a National Pension Scheme and Atal Pension Yojana Scheme.
Besides, there is the Rashtriya Swasthya Bima Yojana for below poverty line
families.
11.10 The involvement of NHRC in respect of rights of the elderly persons

initially began with redressal of complaints received from them. This
association increased gradually in 2000 when it participated in the work of the
National Council for Older Persons constituted by the Ministry of Social Justice
& Empowerment, Government of India and gave suggestions on its Action Plan
(2000-2005) in relation to the implementation of the National Policy on Older
Persons. Since then, it has kept close contact with groups and organizations
working for the rights of elderly and has been making recommendations to
the Central Government. It recommended to the Ministry of Health & Family
Welfare, Government of India to make provision for a separate queue for
elderly persons in all hospitals. The concerned Ministry, on its part, circulated
this recommendation to all the States and Union Territories.
11.11 It also expressed its concern over the plight of elderly persons belonging
to economically weaker sections of society, especially those in the unorganized
sector. Furthermore, in collaboration with non-governmental organizations
working for the elderly, NHRC has been organizing health awareness camps
and lectures focusing on different ailments affecting older persons. Besides, it
has focused its attention on cases relating to non-payment, delayed payment
and partial payment of retirement benefits to employees after their retirement
and in cases where the retired person dies, timely payment of all statutory dues
to their legal heirs.

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11.12 It has constituted a Core Group in NHRC on Protection and Welfare
Chapter - 11
of the Elderly Persons. In 2014, it gave suggestions on the Government Draft
National Policy for Senior Citizens, 2013. During the period under report, it
pursued with various Ministries of Government of India the follow up action
taken on the recommendation related to ensuring better protection for elderly
persons, accepted by the Government of India as part of the second cycle of the
UN Universal Periodic Review.
A. Human Rights of Elderly Persons : Laws, Policies and

11.13 The above study was commissioned by the NHRC to the Centre for Human
Rights, the National University of Advanced Legal Studies, Kochi in February
2016 to be completed within a time frame of 18 months. The objectives of the
research study are to – analyze the categories of elderly persons; examine the
problems faced by them; examine the rationale in enacting laws to protect the
rights of elderly persons in the backdrop of social realities; inspect the scope
of protection given to elderly persons; scrutinize the reach of policies and
programmes proposed by the Government for them; analyze the provisions of
all laws applicable to them; make an assessment of the implementation of the
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and other
related laws in Kerala, including in adjoining Southern States; and come up
with recommendations for effective reforms for their betterment.
11.14 In view of the large scale migration of Keralite youth to countries

abroad, the study will also examine whether these migration trends are leading
to possible isolation of elderly people, lack of their security in physical as well
as financial terms. In addition, the research study will examine whether the
benefits of social security schemes for elderly persons are reaching the right
intended beneficiaries or not.

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B. Illustrative Case Related to Rights of Elderly Persons Dealt

by NHRC
1. Delay in Sanctioning of Family Pension to a Widow After Death of her
Husband in District Beed, Aurangabad, Maharashtra
(Case No.2500/13/21/2013)
11.15 The Commission received a complainant dated 27 August 2013 from

Smt. Kusum Shivaji Kasbe, stating that her husband died on 6 November 2012.
He was getting pension vide PPO No. 7893 through State Bank of India (SBI),
Parli (Vaidyanath), District Beed, Aurangabad, Account No. 11154269953.
After his death, she requested for sanctioning the family pension and sending
the same in her Account No. 32690975948, SBI, District Osmanabad. However,
even after a lapse of almost two years, her family pension was not sanctioned.
11.16 The Commission transmitted a copy of the complaint to the Principal

Secretary, Department of Energy, Government of Maharashtra, Mumbai, calling
for a report in the matter. Pursuant to the directions of the Commission, the
Executive Director (Human Resources), Department of Industries, Energy
and Labour, Government of Maharashtra, submitted a report which revealed
that the deceased employee Shri Shivaji Baburao Kasbe was a member of the
Employees Provident Fund Scheme and he was sanctioned pension by the
Employees Provident Fund Organization (EPFO), i.e. Regional Provident Fund
Commissioner SRO, CIDCO, Aurangabad. Therefore, family pension had to be
sanctioned by the EPFO to the complainant Smt. Kusum Shivaji Kabse. The
report further revealed that Maharashtra State Power Generation Company
Ltd., Organisation (erstwhile MSEB) has requested the Regional Provident Fund
Commissioner SRO, Aurangabad to sanction family pension to the complainant.
The report concluded that the Regional Provident Fund Commissioner SRO,
Aurangabad, has to release the family pension to the complainant, therefore,
the matter be referred to EPFO.

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11.17 On perusal of the report, the Commission observed that the family
Chapter - 11
pension is to be sanctioned by the Regional Provident Fund Commissioner
SRO, Aurangabad, Maharashtra and it directed to issue notice to the Central
Provident Fund Commissioner, New Delhi and the Regional Provident Fund
Commissioner SRO, Aurangabad, Maharashtra, calling upon them to submit the
Action Taken Report.
11.18 On consideration of the report received, the Commission on 14

October 2015 observed that there has been a delay of almost 2 years and
three months in sanctioning and making payment of the family pension of the
complainant and therefore the negligence on the part of the officers/officials
of Sub-Regional Office, Aurangabad and Sub-Regional Office, Solapur of EPF
Organization, Ministry of Labour is admitted and evident. The inaction on the
part of the officers/officials forced the family of the deceased employee to live
an undignified life. Therefore their right to life and right to live with dignity had
been infringed upon by these public servants.
11.19 The Commission issued a notice u/s 18 (a) (i) of the Protection of
Human Rights Act, 1993 to the Central Provident Fund Commissioner, EPF
Organization, Ministry of Labour & Employment, Government of India, to show
cause as to why monetary compensation should not be recommended to be
paid to the family members of the deceased employee Shivaji B Kasbe. He was
also asked to initiate departmental proceedings against the delinquent Officers
of EPFO for delaying the payment of family pension and other arrears to the
complainant Smt. Kusum Shivaji Kasbe.
11.20 In response, the Addl. Central Commissioner-II (Pension & IWU), in

the office of CPFC, EPFO, New Delhi, submitted a report. The report explained
in details the process of transfer of pension from the Bank/Branch under the
jurisdiction of one office to another Bank/Branch and the reasons for delay
in payment of pension to the complainant. The reply further stated that the

187
arrear of the pension of the deceased Shivaji B Kasbe and the arrear of the
family pension to Smt. Kusum Shivaji Kasbe was released on 16 December
2014. The present case, if viewed from perspective of the complainant, there
has been an inordinate delay in the release of due pension and reparations in
terms of interest would be called for. Since the pension that was to be released
to Smt. Kusum Shivaji Kasbe had remained in the Fund and had continued to
earn interest at the statutory rates declared by the organization from year to
year and therefore an interest for the period 18.12.2012 to 16.12.2014 can be
paid on the monthly pension of Smt. Kusum Shivaji Kasbe at the rate of 8.5%
for the year 2012-13 and 8.75% for the year 2013-14 and 2014-15. The actual
interest payment would be determined and paid into the Bank Account of Smt.
Kusum by SRO, Aurangabad.
11.21 The Commission on 30 December 2015 perused the record and observed
that the Central Provident Fund Commissioner, New Delhi, had not submitted
the departmental action taken against the delinquent employees in the case and
he was directed to submit the action taken report against errant officials within
six weeks. The Commission further observed that there had been a delay of
almost two years and three months in sanctioning and making payment towards
the family pension to Smt. Kusum Shivaji Kasbe and therefore, the negligence
on the part of Officers/Officials of SRO, Aurangabad and SRO, Solapur of EPF
Organization, Ministry of Labour, is admitted & evident. The inaction on the
part of the Officers/officials had forced the family of the deceased employee
to live an undignified life. Therefore, their right to life and right to live with
dignity were infringed upon by these public servants. The Commission thus
recommended compensation u/s 18 (a)(i) of Protection of Human Rights
Act,1993, of a sum of Rs. 25,000/- only (Rupees Twenty Five Thousand only)
to be paid to the next-of-kin of the deceased Sh. Shivaji B Kasbe for violation of
their human rights. The Central Provident Fund Commissioner, EPFO, Ministry

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of Labour & Employment, was asked to submit compliance report along with
Chapter - 11
proof of payment. Having received the compliance report, the case was closed.
2. Fifty Senior Citizens and Widows Denied Minimum Sustenance of Life

(Case No. 2479/18/7/2013)
11.22 Shri Radhakanta Tripathy, Advocate and Human Rights Activist, brought
to the attention of the Commission, a news report published in ‘Sambad’, Odiya
daily alleging that about 50 senior citizens and widows, including those who
belonged to BPL category, in Dudugaon Village, Samana Panchayat of Hatadihi,
Keonjhar District, Odisha, were being denied minimum sustenance of life,
such as old age pension and widow pension. They approached the various
Government officials but no action was taken to ensure old age pension to
these victims. Out of them, Gagan Parida and Baikuntha Sankhua, both more
than 80 years old were dying each day without any justice coming forth. The
complainant further alleged the failure of State in ensuring justice to these
BPL families, senior citizens and widows of the village. He sought impartial
investigation and immediate directions for the State to pay old age pension,
widow pension to ensure justice to these victims.
11.23 Taking cognizance in the matter, the Commission obtained a report from
the District Collector, Keonjhar, which revealed that as per the enquiry report
of Block Development Officer, Hatadihi, out of 371 voters in the Voter list of
Village Dudugaon, 57 persons were eligible to get pension as per Pension Rules
considering the age criteria. Thirty-six of them were getting pension under
different schemes and the applications of 26 applicants had already been sent
to the Sub-Collector, Anandapur for sanction of the pension. Subsequently,
another report was received from the Addl. District Magistrate, Keonjhar,
Odisha which revealed that six senior citizens died facing financial hardship
and languishing for grant of old age pension or widow pension. It was further

189
reported that Old Age Pension was sanctioned in favour of two senior citizens,
namely (i) Giridhari Samal, (ii) Kamali Jena, while widow pension was also
sanctioned to one Bela Sahu. Further on attaining the age of 80 years, the Old
Age Pension of Gagan Parida and Baikunth Sankhua, was enhanced to Rs.500/-.
Further efforts were reportedly being made to identify all eligible beneficiaries
for sanction of Old Age Pension.
11.24 On consideration of the report, the Commission transmitted copy of

the above reports to the complainant for his comments. While comments of
the complainant were awaited, the Commission further directed the Collector
and District Magistrate, Keonjhar, Odisha, to apprise the Commission of the
steps taken to ensure Old Age Pension to all eligible beneficiaries of Dudugaon
Village, Hatadihi, Keonjhar District, Odisha. Pursuant to the Commission’s
directions a report was received from the Collector and District Magistrate,
Keonjhar District, Odisha. The matter continues to be under the consideration
of the Commission.
3. Misappropriation of Social Security Pension Amount of 109 Beneficiaries

of Ward No. 16 from Hindol Notified Area Council, Dhenkanal
(Case No. 2041/18/4/2014)
11.25 A human right activist from Odisha, namely, Shri Subash Mohapatra
complained to the Commission that an amount of social security pension of
109 beneficiaries belonging to Ward No. 16 from Hindol Notified Area Council
(NAC), Dhenkanal, Odisha was allegedly misappropriated. The Commission
called for a report in the matter from the District Magistrate, Dhenkanal
Odisha. Accordingly, the District Magistrate, Dhenkanal Odisha informed that
an inquiry in the matter brought out that old age pension to these 109 persons
was sanctioned at the rate of Rs. 1,400/-, but only Rs. 900/- was paid to them.
As such an amount of Rs. 500/- was misappropriated out of the pension of

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each of the 109 beneficiaries, for the period October 2013 to January 2014
Chapter - 11
by the Executive Officer and Chairman of the NAC of Hindol. It was further
reported that departmental action was initiated against Manas Ranjan Bhoi,
Chief Executive Officer, Hindol NAC, and a show cause notice was issued to the
concerned Chairman of the Hindol NAC.
11.26 On perusal of the report, the Commission observed that the facts of the
case clearly made it a criminal offence. The Commission thus directed the District
Magistrate, Dhenkanal to lodge an FIR in this regard with the local police so that
a criminal case is registered in the matter and taken-up for investigation and
then taken to its logical conclusion. In this case, since some of the beneficiaries
who were denied part of the pension were tribals, Section 4 of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act was attracted,
which may also have to be incorporated in the FIR. The Commission further
directed to immediately file the chargesheet against Manas Ranjan Bhoi as the
charges against him were of serious nature.
11.27 The Commission moreover observed that denial of part of the old age
pension to old people even though for a short duration amounts to violation of
their right to life and right to life with dignity. It therefore considered that a clear
case is made out for issuance of a notice under Section 18 of the Protection of
Human Rights Act, 1993, to the Chief Secretary, Government of Odisha, to show
cause within six weeks as to why monetary relief may not be granted to these
109 old age beneficiaries who were denied a part of their old age pension for
the period October 2013 to January 2014.
11.28 Pursuant to the directions of the Commission, the Additional Chief

Secretary, Government of Odisha, Revenue & D.M. Department reported that
108 beneficiaries, who had complained about non-payment of pension, had
already been paid their dues. Upon consideration of the report, the Commission

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directed to send a copy of the report to the complainant for his comments.
Accordingly the comments have been received. The matter continues to be
under the consideration of the Commission.
4. Pathetic Condition of Elderly and Destitute Persons in the State of Andhra

Pradesh
(Case No.837/1/8/2013)
11.29 Shri K.S. Chalam, Special Rapporteur of the Commission, brought to the
notice of the Commission, a press clipping captioned as “Abandoned sick man
awaits death in graveyard” indicating pathetic condition of old and sick persons
in the State of Andhra Pradesh, and requested the Commission to take up the
matter of the elderly and destitute persons with the Government of Andhra
Pradesh.
11.30 The Commission obtained a report in the matter from the Principal
Secretary, Government of Andhra Pradesh, Department of Women, Children,
Disabled and Sr. Citizens. It was stated in the report that the family members
of the sick man, Uppula Mallesham had given treatment to the individual and
they were with him in the last moments of his life. After conducting enquiry, it
was revealed that the family disputes arose only on account of the wife of his
elder son. After hearing the news item, the individual was brought home and
given treatment by the family members and the allegation was denied. After
one month of the incident, Shri Uppula Mallesham died with Tuberculosis.
Presently the elder son is looking after his mother, sister and brother by taking
a separate house near his residence.
11.31 Pursuant to Commission’s directions dated 5 June 2014, a copy of the

report was sent to the Special Rapporteur for his comments, if any. Prof. K.S.
Chalam, Special Repporteur commented that only responses from the victim’s
children was taken and forwarded to the Commission. But the fact of the

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matter as to what role the Department played in looking after the destitute
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senior citizens was not brought out in the report, particularly with reference to
Uppula Malleshram of Karimnagar in Andhra Pradesh.
11.32 The matter was further considered by the Commission, when it directed
to seek a report from the Government of Andhra Pradesh about any scheme/
plan to rehabilitate such destitute senior citizens in the State. Pursuant to the
Commission’s directions, the Principal Secretary to Government of Andhra
Pradesh, Deptt. of Women, Children, Disabled & Sr. Citizens (Prog.II) reported
that Shri Uppala Mallesham belonged to the State of Telangana after bifurcation
of the State. However, a copy of the detailed report regarding schemes/plans
implemented in the State of Andhra Pradesh for rehabilitation of destitute
senior citizens was enclosed with the report. As per the report, Govt. Home
for aged and disabled persons is functioning at Machilipatnam, Krishna
District. Proposal has also been submitted to the Govt. for establishment of
one old age home at each Revenue Division of Andhra Pradesh in May, 2015.
The Government of Andhra Pradesh had constituted Tribunals and Appellate
Tribunals under “Maintenance and Welfare of Parents and Senior Citizens Act,
2007” vide orders dated 19 August 2008. As per Government Order, Panchayati
Raj and Rural Development Department order dated 19 June 2014, pension had
been enhanced to Rs.1000/- per month to the eligible old age persons. Eighty-
eight renewals and 13 fresh proposals for running Old Age Homes, Day Care
Center, Mobile Medicare Units, etc., were submitted to the Government of India
under the Integrated Programme for Older Persons during 2014-15. Proposals
for establishment of 13 Homes for destitute and crippled aged persons in each
District was under examination.
11.33 The matter further came to the consideration of the Commission,

when it observed/directed that the allegation in the complaint was not

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substantiated in the enquiry. The report stated that proposals have been made
for establishment of more Homes for rehabilitation of destitute senior citizens.
The State Government has constituted Tribunals and Appellate Tribunals for
the maintenance and welfare of parents and senior citizens. Old-age pension
has been enhanced for the eligible old age persons. The Commission was
satisfied that no further intervention is required in the matter. Hence, the case
was closed.


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Chapter - 12
Rights of Persons with Disabilities
12.1 As per the 2011 Census of India, there are 2.68 crore persons with
disabilities in India who constitute 2.21 per cent of the population. Out of these,
1.50 crore are males and 1.18 crore are females. They encompass persons
with locomotor disability, visual impairment, hearing impairment, speech and
language disability, intellectual disability, mental disability, disability caused
due to chronic neurological conditions, blood disorder, multiple disabilities,
and any other category. The Census data also illustrates that 69.50 per cent of
persons with disabilities live in rural areas.
12.2 The Constitution of India through its Preamble, Fundamental Rights

and Directive Principles of State Policy empowers the State to adopt measures
of positive intervention in favour of persons with disabilities. This has led to
framing of four principal Acts governing various aspects of disability, namely,
(i) The Mental Health Act, 1987, (ii) The Rehabilitation Council of India Act,
1992, (iii) The Persons with Disabilities (Equal Opportunities, Protection
of Rights and Full Participation) Act, 1995; and (iv) The National Trust for
the Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and
Multiple Disabilities Act, 1999. Besides, there is a National Policy for Persons
with Disabilities, 2006.

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12.3 The Persons with Disabilities (Equal Opportunities, Protection of Rights

and Full Participation) Act, 1995 was recast in December 2016 as the Rights
of Persons with Disabilities Act, 2016 so as to bring it in consonance with the
United Nations Convention on the Rights of Persons with Disabilities, 2006
(UNCRPD). The UNCRPD was ratified by the Government of India on 1 October
2007. The recast Act takes into consideration a range of disabilities under
the broad heads mentioned in paragraph 12.1 above while the 1995 Act was
restricted to limited disabilities. Furthermore, the reservation for people with
disabilities has been increased from three to four per cent of the total number
of vacancies in a given government organization. In addition, there are gender-
specific clauses as part of the recast disability legislation.
12.4 The Commission, which played a prominent role in drafting of the

UNCRPD, has all along been looking at the issue of disability from the lens of
human rights so that people with disabilities are considered as holders of rights
and not recipients of charity. During the year 2015-2016, the Commission
undertook the following activities with regard to persons with disabilities.
A. Meeting of NHRC Core Group on Mental Health
12.5 A Meeting of the Core Group on Mental Health was held on 15 April 2015
in the NHRC. Its objective was to discuss the initiatives taken by the NHRC
and future course of action required to be taken relating to the petition filed
by the Commission in the Supreme Court of India with regard to improving
mental health care in the country. The Meeting was chaired by Shri S. C. Sinha,
Member, NHRC. The Meeting was attended by Members of the Core Group
on Mental Health, Special Rapporteurs of the NHRC and senior officers of the
Commission. On the basis of the deliberations held in the meeting, the following
recommendations emerged:

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1. North-Eastern Region of the country is not having any Centre of Excellence.
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Not having even one centre of excellence for eight states of North East
region is a matter of concern. Accordingly, there is a requirement of at
least one Centre of Excellence for the region.
2. There is a need to carry out a review of the implementation of DMHP

in the districts where the District Mental Health Programme has been
sanctioned and is being implemented or has been implemented. The
Ministry may devise a mechanism to review these District programmes
and wherever the implementation has not taken place, the concerned
State may be advised accordingly. There is a need for the Ministry to
have an exhaustive evaluation carried out on all the components of the
National Mental Health Programme (NMHP) so as to bring out the factors
which are responsible for the less than satisfactory implementation of
these schemes at the State/UT level.
3. The objective of District Mental Health Programme (DMHP) was to

extend Mental Health Care to the community and integrating it with
general public health. This integration has not yet been taken place even
after two decades. It is very important to find out the exact cause for
not achieving proper integration of mental health care programme with
general public health care.
4. There is a need to ensure that the DMHP is implemented in all districts

of the country at the earliest. There is no reason why a large number of
districts of the country are still outside this programme after so many
years.
5. The Ministry of Health has created various ad hoc posts which are not
regular under the DMHP scheme. The State Governments were required to
subsequently, create equal number of posts and abolish the ad hoc posts.
States may be requested to create these posts to fulfil the requirement of

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manpower. Moreover, the staff is being paid a consolidated amount and

not regular salaries. Thus the career prospects of Doctors/staff are not
adequately safeguarded. The Central Government also needs to phase
out withdrawal of funding of these posts so that DMHP is not adversely
affected.
6. The provision of training to mental health professionals by various

Mental Health Institutions should be strengthened on the pattern of
NIMHANS which is providing training to the Mental Health professionals
in Southern region. Similar training programmes may be initiated in other
regions across the country with the help of NIMHANS and similar mental
health training institutions should be identified and developed in other
parts of country. Agra Training programmes can be also chalked out for
preparing the trainers. Those master trainers can then disseminate the
training/knowledge to the mental health professionals. Directions may
be given to States, MCI and NCI to identify and convert State run Mental
Hospitals into Teaching-cum-Training Institutions. NHRC may also write
to State Governments to avail of NIMHANS training facilities.
7. A training module should be prepared where by the medical officers at the

level of PHCs, CHCs etc. may be trained in minor mental health disorders
so that they may be competent enough to treat minor problems and refer
the major mental health disorders to Mental Health Care Institutions.
This may be done by NIMHANS.
8. The Commission will write to all the States particularly those States
which have the 241 districts where DMHP has been sanctioned to fully
operationalize the programme. The Commission will also hold a meeting
of all the State Health Secretaries for this purpose. This shall be done in
the beginning of August 2015.

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9. The deteriorating condition of physical infrastructure of Mental Health
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Institutions should be given priority for repair or replacing with new
infrastructure, as most of the old buildings are now hundred plus years
old.
10. Regional Mental Health Institutions should be identified so that training

programmes may also be organized on regional basis.
11. Most of the institutions under DMHP are not receiving the funds regularly
even after sending the audited utilization certificates to the Central Govt.
The Ministry of Health & Family Welfare should immediately look into
the matter and installments of funds may regularly be released under the
DMHP scheme. The transfer of funds mechanism requires streamlining.
12. State Governments should draw up schemes/plans for utilization of

funds placed at their disposal and ensure full utilization of funds and
furnish utilization certificates in time. The officials of the Ministry should
also visit the States to push for the Utilization of funds released earlier,
so that fresh funds are disbursed.
13. Eleven centres of excellence already exist and ten more new centres are
proposed to be created. The Ministry of Health & Family Welfare may
consider identifying a few more well dispersed institutions because
if more number of Centres of excellence are there, greater will be the
opportunity for training. These trainings should be organized for local
professionals and be available in proximity. If more Centres of excellence
are operationalized, the problem of shortage of professionals could be
addressed. The Ministry of Health & Family Welfare may be requested to
give a presentation on the subject as to how large number of health care
professionals will become available to society.

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14. The Commission will write to each State Government especially to utilize
the training facilities of NIMHANS, a pioneering institute imparting
training to the mental health professionals.
15. Five to six institutions on the pattern of NIMHANS may be established

across the country. The Institute of Human Behaviour and Allied Sciences
(IHBAS) in Shahdara, Delhi and the Institute of Mental Health Care, Agra
may be considered for upgrading to the level of NIMHANS by the Ministry
of Health and Family welfare.
16. As per the mandate of Supreme Court, NHRC is regularly monitoring the
three mental health care institutions i.e. Institute of Mental Health Care,
Agra; Ranchi Institute of Neuro-Psychiatry & Allied Sciences (RINPAS);
and Gwalior Mansik Arogya Shala since 1997. The NHRC visits to these
hospitals may be continued.
17. Out of the three mental health institutions that have been regularly
monitored by NHRC, only Institute of Mental Health and Hospital, Agra
and Ranchi Institute of Neuro/Psychiatry and Allied Sciences have got
the Centre of Excellence status whereas Gwalior Mansik Arogya Shala
has been left out. Gwalior Mansik Arogya Shala may also be considered
for granting the status of Centre of Excellence.
18. Gwalior Mansik Arogya Shala may be considered as Nodal Agency for
implementation of DMHP in Madhya Pradesh.
19. There should be some mechanism for dealing with the wandering
mentally ill patients which should be adhered to properly.
20. Ministry of Health and Family Welfare may ask the State Governments
about the steps taken by them towards providing the community based
mental health care and in this aspect, NGOs can play an important role.

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21. Lessons learnt from monitoring and visits by Special Rapporteurs and
Chapter - 12
the problems that have been encountered may be shared with the States
so that the States can act take remedial measures. These reports may
also be shared with the Ministry of Health & Family Welfare for remedial
steps to be taken by them.
22. Mental Hospitals may be integrated with medical colleges. All the 29
mental hospitals may be integrated with medical colleges. Then the
sanctioned strength of mental hospital and faculty strength of medical
colleges will complement each other. As a result, manpower resources
will be multiplied. The psychiatric wing of medical colleges should be
integrated with the general health wings of these colleges.
23. There should be a provision of creating State Mental Health Commission,

a quasi judiciary body, which will take care of the issues related to
mental health care. The draft Mental Health Bill 2014 which is lying
pending in the Parliament has provision for creating State Mental Health
Commission.
24. In some States, most of the mental health institutions (Physical

infrastructure) are more than 100 plus years old or so. Instead of
repairing and maintaining these institutions, these institutions should
be reconstructed. The Central Govt. should have a separate funding
system for the purpose of construction of physical infrastructure.
25. Considering discrimination, stigmatization and denial which is commonly

attached to the mentally ill persons, IEC services should be utilized to
remove all these problems, which are prevalent even today. IEC material
may be used as a weapon for making the people aware about the false
and misleading presumption about the mental illness. There should be
uniformity in the introduction of IEC material, awareness generation.

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26. The funds under the DMHP are released by the Central Govt. to the nodal
agency of State running the DMHP. Sometimes, no funds are transferred
further to the concerned units. Accordingly, funds could be considered
to be directly given to these smaller mental health units also under the
DMHP. The nodal agency should only monitor the utilisation of these
funds.
27. DMHP also exists at the sub-district level but nothing is happening at
sub-district level which is an important part of NMHP. So the District
Health Societies which are functioning under the NRHM should be
specially authorized to look after the mental health programme at sub-
district level also and funds could also be routed to them.
28. Best practices available from the better performing States should be listed
together. These good practices should be recommended for adoption by
the other States and therefore, should be widely circulated.
29. For getting the physical infrastructure for mental health care institutions
constructed, the procedure for taking the clearance from various agencies
like Environment Ministry, Urban Development Ministry, Tribal Ministry
etc., should be made less cumbersome.
30. Prisoners’ Mental Health is another area of concern which is always

neglected in spite of having existing guidelines on this subject. These
guidelines should be circulated to all the States/UTs Government.
31. Psychiatric treatment is not complete without rehabilitation and

rehabilitation. This subject is dealt by Ministry of Social Justice and
Empowerment. Unfortunately the Ministry is equating psychiatric
rehabilitation to visual or deafness disability stating that psychiatric
rehabilitation can be managed in similar manner as other disabilities.
However, psychiatric rehabilitation is a long process and it has to be

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managed by Psychiatric professionals. Some directions should come from
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Hon’ble Supreme Court for psychiatric rehabilitation to be independent
and should be guided by Psychiatrists and should be linked to psychiatric
institutions and not with other institutions where deafness or blindness
etc. are attended to.
32. NHRC to write to the State Govt. about the status and data of non criminal
mentally ill persons languishing in jails. It has been seen that a large
number of such patients are languishing in jails for a very long period
particularly in North-Eastern States.
33. A document laying common minimum standards for mental health

institutions had been prepared by NIMHANS. These need to be circulated
to State Governments for proper implementation across the country.
State Governments must make efforts to ensure that all mental health
care institutions adhere to these standards.
B. Directions Given by Supreme Court on NHRC Petition to

Improve Functioning of Mental Health Care Institutions
12.6 In the year 1997, in a W.P. (Criminal) No. 1900/81 Dr. Upendra Buxi vs.
State of Uttar Pradesh and Others, the Supreme Court of India called upon the
NHRC to monitor the functioning of three mental health hospitals located in
Agra, Ranchi and Gwalior. The National Human Rights Commission, since then,
has been involved in the exercise of monitoring government mental health
institutions not only in Agra, Ranchi and Gwalior but throughout the country.
On account of this, there has been noticeable improvement in the care and
treatment of the mentally ill persons housed in these institutions. Nonetheless,
a large number of gaps still remain and there is ample scope of improvement in
these institutions.

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12.7 In view of the above, the Commission on 27 February 2013 once again
sought the intervention of the Supreme Court (vide Petition No. CRLMP.
NO.8032/2013 in W.P. (Crl.) No. 1900 of 1981, Dr. Upendra Baxi vs. State of
U.P. & Ors. and National Human Rights Commission) on 13 imperative issues
with the objective of seeking suitable directions for the Central and State
Governments so that remedial action is taken to improve the existing situation
of mental health care institutions in the country. These 13 issues are detailed
out in Annexure – 11.
12.8 Pursuant to the petition filed by the NHRC, the Supreme Court directed
the Union Ministry of Health and all the State Governments to file their status
report through the Health Secretary, including the extent of implementation of
National and District Mental Health Programme, funds received and utilized on
these programmes. The Union Ministry submitted detailed information on all
the 13 issues along with the schemes being implemented in the area of mental
health care, that is, the District Mental Health Care Programme (DMHP) and
the manpower development components under the National Mental Health
Programme (NMHP) consisting of establishment of centres of excellence,
and setting up/strengthening of post-graduate training departments of
mental health specialties. It also furnished information concerning the funds
disbursed to the States and the amount spent by them in this regard. The Union
Government disclosed that the States did not spend all the disbursed funds nor
were they submitting utilization certificates of the funds used by them or the
progress reports to the Centre at regular intervals. The Union Ministry prayed
that suitable directions be given to the States and Union Territories to file their
status report on the concerns highlighted by NHRC as well as the extent of
implementation of National and District Mental Health Programmes.
12.9 In response to this, the Supreme Court directed the States to file a counter-
affidavit giving full details of the funds earmarked to them, amount utilized and

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the reason(s) for non-utilization or partial utilization of the released funds. The
Chapter - 12
Supreme Court moreover directed the States to enumerate the present living
condition of mentally ill persons in mental health care hospitals and the steps
taken to improve their living conditions along with the status of implementation
of the DMHP. Accordingly, responses were received from the State Governments
and the information shared was brought to the notice of the Supreme Court.
12.10 In order to verify the facts submitted by the State Governments in their
respective affidavits to the Supreme Court, the Commission requested its
Special Rapporteurs to visit Government run mental health care institutions
in the States being monitored by them including their respective Departments
followed by a detailed report. This step, the Commission felt, would facilitate
in seeking proper directions from the Supreme Court. The Commission thus
evolved a set of detailed questionnaire and placed the same before the Supreme
Court through its Counsel. The said questionnaire was further vetted and sent
to all the concerned authorities in the respective States and Union Territories
for purposes of obtaining information. The Supreme Court directed the States
to file the responses to these questionnaires in the form of an affidavit and
the State Counsels were asked to facilitate this process. The same set of
questionnaire was used by the Special Rapporteurs.
12.11 In March 2015, the Commission constituted a four Member Technical

Committee on Mental Health having a representative each of National Institute
of Mental Health and Neuro Sciences, Bangalore; Institute of Mental Health
and Hospital, Agra; Institute of Human Behaviour and Allied Sciences, Delhi;
and National Human Rights Commission. The main objective of constituting
this Technical Committee was to know the existing state of mental health care
infrastructure in the country on the basis of information provided by the Union
and State Governments, especially in response to the NHRC questionnaires
so as to facilitate the Supreme Court in giving directions for addressing the
inherent gaps and inadequacies.

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12.12 On 9 April 2015, the Supreme Court too directed that the Technical
Committee constituted by the NHRC shall verify all the data given by the States
and Union Territories and forward the report to it. Furthermore, the Ministry
of Health in the Government of India shall constitute a Committee headed by
the Joint Secretary, who in turn, shall in association with the Health Secretaries
of the respective State/Director Health Services of the Union Territories along
with the Member Secretary of State Human Rights Commission and State
Legal Services Authority, including two eminent Doctors of each State/Union
Territory, shall make physical verification of the actual state of affairs existing
in different institutions situated in the respective States/Union Territories. The
said Committee shall finally prepare an exhaustive report and submit it to the
Apex Court within three months. And, that this order be communicated to all
concerned who would be part of the Committee, the Supreme Court reiterated.
In addition, the Court directed that States/Union Territories, who had not filed
their respective affidavits, should submit the same within four weeks, failing
which the Chief Secretary/Administrator of that State/Union Territory will
have to appear in person and explain the reasons for non-filing of the affidavit.
12.13 The four-Member Technical Committee met in the Commission on 16, 17

April; 1, 2, 25, 26 May; 21, 30 July; and 2, 3 September 2015 whereby it studied
each and every report submitted by the State Governments and Union Territories
and also the reports submitted by the Special Rapporteurs of the Commission.
Having carried out this exercise, the Technical Committee brought out the Final
Report on Mental Health in two volumes in February 2016. The first volume
gives a consolidated report of all the States and Union Territories including the
comparison and changing trends. It further gives the summary observations and
recommendations of the Technical Committee followed by the Mental Health
Care Action Plan – 2016 to 2025 pinpointing the work to be carried out by the
State Governments at different levels, the Central Government and the National
Human Rights Commission. The second volume gives an account of State level

206
responses largely based on the affidavits submitted to the Supreme Court. It
Chapter - 12
also contains observations and comments made by the Special Rapporteurs of
the Commission, where relevant. The two volumes of the Technical Committee
Report were placed before the Supreme Court. The Court appreciated the work
of the Technical Committee and stated that it had gone through the suggestions/
recommendations made by it and directed the Central Government to respond
to the same within six weeks and the State Governments were also directed to
give their response/inputs on the Report so that the work of the Committee is
not wasted. The Technical Committee Report on Mental Health in two volumes
is available on the website of NHRC at http://nhrc.nic.in/Documents/Mental_
Health_report_vol_I_10_06_2016.pdf and http://nhrc.nic.in/Documents/
Mental_Health_report_vol_II_10_06_2016.pdf .
12.14 Prior to submission of the Final Report by the NHRC Technical Committee,
the Inspection Committee constituted by the Government of India on the
directions given by the Supreme Court, submitted its Final Report to the Court
in September 2015. The Government of India in its Report submitted to the
Supreme Court has come up with some remarkable observations. One of these
observations being shortage of qualified and trained manpower, especially
in the areas of psychiatric social work, clinical psychology and psychiatric
nursing. The rehabilitation of mentally-ill patients is another grey area. In fact,
there are a significant proportion of long stay patients who do not require in-
patient treatment at the institutes. Such patients either require no treatment
for mental illness or at best can receive treatment as out-patients. Yet many of
them, either do not have relatives or their relatives are not keen to have these
patients back with them, and hence they continue to stay as patients in the
mental health institutions.
12.15 Cases of persons, found wandering, taken into custody by the police and
presented before a Magistrate for a Reception Order, and thereafter admitted

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into mental health institutions were also noticed. Some of these patients,
whose stay in the mental health institutions was no longer necessary on
medical grounds, wanted to go back to their homes. However, the institutions
were not adequately equipped for accomplishing this task. Though recreation
and vocational training facilities were available in most of the institutions in
varying degrees, this is another grey area where more attention needs to be
devoted. Most institutions did not have a separate geriatric, pediatric and de-
addiction wards. These were found to be available in few institutions only.
In addition, where the services of a regular anaesthetist were not available,
the number of electro-convulsive therapy (ECT) sessions was found to be low
and even nil. The frequency of visits by the officials of the State Mental Health
Authority and State Human Rights Commission to the mental health institutions
showed variation. In certain institutions, there were nil visits. According to
the Report, autonomous governance structure for mental health institutions
would, perhaps, be more suited to meet the needs of the mental health care
delivery system as it provides for faster decision making and more operational
flexibility.
12.16 The Report has come up with a number of recommendations. Prime

among them being –
(i) The human resources required for mental health care need to be
strengthened in most of the institutions, in particular, Psychiatric
Social Workers, Psychiatric Nurses, Clinical Psychologists and even
Psychiatrists. Not only new posts need to be created, efforts are required
to fill up the existing vacancies.
(ii) The mental health institutions should impart academic training by

offering courses to generate more Psychiatric Social Workers, Psychiatric
Nurses, Clinical Psychologists and Psychiatrists.

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(iii) Each institution must have one or more Anesthetists to enable
Chapter - 12
administering of ECT, including maintenance therapy, for the patients
requiring such treatment.
(iv) Rehabilitation of long stay patients, not requiring in-patient treatment

must be addressed. Mental health institutions should not become old
age homes or places of stay of persons who have nowhere else to go.
They should focus on providing specialized mental health care.
(v) The rehabilitation of cured patients or patients not requiring in-patient

treatment, in the event such persons are not accepted by their relatives
or have no home, should be dealt with by the Social Welfare or other
relevant Departments of the State Government.
(vi) Each institution must have separate paediatric, geriatric and de-
addiction wards. Wards where mentally-ill undertrials and convicts are
receiving treatment could be segregated from other wards for ensuring
better security arrangements.
(vii) The concept of Half-way Homes should be encouraged.
(viii) Hygiene and sanitary conditions must be ensured in all the institutions.
Dilapidated buildings must be repaired. Modern kitchen and laundry
facilities should be provided.
(ix) Recreational and vocational training needs to be developed and

encouraged.
(x) All medical records of patients should be properly maintained and ideally
also be computerized.
(xi) Linkages between the District Mental Health Programme and the
Outreach Programme of the mental health institutions should be
established, strengthened and nurtured.

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(xii) Every mental health institution should have a Rogi Kalyan Samiti. This
will facilitate involvement of public representatives and civil society
organizations, thus providing a forum of grievance redressal.
12.17 Pending directions of the Supreme Court, it would be best for the NHRC
and the Ministry of Health, Government of India to join hands and chalk out
the future course of action along with the State Governments to improve the
overall functioning of mental health institutions in the country.
C. National Conference on Leprosy
12.18 A one-day National Conference on Leprosy was organized by the

National Human Rights Commission at Vigyan Bhawan Annexe, New Delhi
on 17 April 2015. The main objectives of the Conference were to: (i) follow
up of the suggestions/recommendations of National Conference on Leprosy
organized by National Human Rights Commission on 18 September 2012;
and (ii) address issues of concerns related to leprosy and suggest appropriate
strategies to deal with them.
12.19 The Conference was inaugurated by Justice Shri K. G. Balakrishnan,

Chairperson, National Human Rights Commission. Before the inaugural address
of Justice Shri Balakrishnan, Shri Bhanu Pratap Sharma, Secretary, Ministry of
Health and Family Welfare, Government of India gave a brief account of the
steps taken by the Government in containing the problem of leprosy in the
country.
12.20 The Conference deliberated upon three major themes in three plenary
sessions. These plenary sessions were as follows:
Session-I : Rights of Persons Affected by Leprosy: Follow up on Earlier

Suggestions/Recommendations of NHRC on Leprosy
Session-II : Leprosy : Existing Status, Future Outlook and Challenges

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Session-III : Rights of Persons Affected by Leprosy : Issues of Concern on Field
Chapter - 12
Experiences
12.21 Based on the deliberations held in the three plenary sessions, the
following recommendations were made in the National Conference:
1. There is need for vigorous dissemination of recommendations of the

Conference organized by NHRC earlier on the issue of leprosy on 18
September 2012 for proper implementation by all concerned authorities.
SHRCs involvement in implementation of recommendations of 2012
Conference and present Conference is a must, then only implementation
is possible.
2. The detailed recommendations made by the Committee on Petitions of

Rajya Sabha in its 131st Report should be followed up for implementation.
The Action Taken Report of the Government(s) covered in the 138th
Report of the Committee of Petition indicates that a large number of
recommendations have still not been completely implemented. Hence,
there is need to take up these recommendations for logical conclusion
especially those relating to social and economic discrimination of leprosy
affected persons and their families.
3. There is need to suitably address the issue of disability certificate to

leprosy affected persons by evolving a separate set of criteria even when
they do not fulfil the minimum disability of 40 per cent. The Department
for Empowerment of Persons with Disabilities should revisit the
guidelines issued on the subject in 2001 and also hold special camps for
leprosy affected persons for distribution of disability certificate to them.
4. There is need to explore a sub quota of reservations in jobs for leprosy

affected persons. In aggregate 5 per cent reservation may be provided
for in the pending Bill for Persons with Disabilities.

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5. In order to empower children of leprosy affected persons, there is need

to provide free school education and free higher education to them. The
children of leprosy affected parents need utmost help for their proper
education. If the second generation is uplifted through education and
employment, the poverty circle of the family would be broken and their
quality of life will improve.
6. The Ministry of Social Justice & Empowerment have educational

promotion scheme for persons with disabilities. These schemes need to
be extended to children of persons affected with leprosy in view of the
stigma and discrimination they face.
7. Centre and State Governments should elicit the support of the corporate
sector in adopting leprosy colonies for rehabilitation and empowerment
of the leprosy affected persons and their families under their corporate
social responsibility.
8. Ministry of Social Justice and Empowerment have proposed to hold

a camp for distributing assistive devices at New Delhi for especially
leprosy cured persons. Such camps for leprosy cured persons should be
organized countrywide.
9. Different State Governments are giving pensions to leprosy affected

persons which are meagre. There are also some States which are giving
no pension at all. It is necessary for the States to give a reasonable amount
of pension for the disabled leprosy affected persons for their day-to-day
sustenance.
10. There is need to prepare a comprehensive document of good practices

being witnessed in various States of India, with regard to rehabilitation
and empowerment of persons affected by leprosy and their children.
NHRC will assist these efforts.

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11. State Acts should be amended to remove discriminatory provisions in
Chapter - 12
these as has been done in Odisha to allow leprosy affected persons to
contest elections.
12. There is need for capacity building among new doctors to enable them to
handle cases of leprosy.
13. There is a need to conduct a countrywide survey to find out, among

others, new cases of leprosy, existing number of leprosy affected persons
in colonies, and total number of leprosy cured persons integrated into
the mainstream of society.
14. There is need to follow up on the recent 256th Law Commission Report
on ‘Eliminating Discrimination Against Persons Affected by Leprosy’
which comprehensively deals with discriminatory nature of laws towards
leprosy affected persons which need amendment or repeal. The model
draft legislation, titled “Eliminating Discrimination Against Persons
Affected by Leprosy” Bill, 2015 prepared by the Law Commission needs
to be examined and enacted into a legislation at the earliest.
15. Furthermore, there is need to bring about greater synergy between

different Departments to address the problems of leprosy affected
persons and then families.
16. There is need for empowerment of leprosy affected persons and their
families not only through education but also through vocational training
and capacity building of various skills leading to self-employment as
well as through self-help groups.
17. Most of the leprosy colonies are situated on the Government’s land. It
is necessary to give the land ownership/pattas to the leprosy affected
persons and help them to build houses under the Government Schemes.
The civic amenities in the leprosy colonies also need to be improved.

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18. The social & economic empowerment of persons affected by leprosy

and their family members is very important to integrate them into the
main stream of the society. The Government should develop a special
programme to support the affected persons.
19. WHO Guidelines for participation of persons affected by leprosy in

leprosy services have been prepared involving the people affected by
leprosy & professionals. These needs to be implemented by the Central
and State Governments.
20. There is a need to develop a multifaceted strategic plan on reduction of

stigma & discrimination and include the same in the National Leprosy
Eradication Programme.
21. There is a need to make an absolute shift in our approach while dealing
with concerns of leprosy affected persons and their children from
welfare oriented to entitlement & empowerment approach. And, its
ultimate aim should be to lead them away from marginalization to total
reintegration in the mainstream of society. For this to happen, there is
also a need to bring about an overall attitudinal change in the mindset of
the community.
12.22 These recommendations were forwarded to the Chief Secretaries of all

the States and Union Territories for implementation and action taken report
called for. The Commission has received action taken report from the States and
Union Territories of Andaman & Nicobar, Assam, Dadra & Nagar Haveli, Delhi,
Goa, Gujarat, Haryana, Karnataka, Madhya Pradesh, Nagaland, Odisha, Sikkim,
Telangana, Tripura and West Bengal. The Commission requests all those who
have not forwarded their action taken reports to expedite sending the same.

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D. Meeting of State Health Secretaries on Mental Health Care
Chapter - 12
12.23 A one-day Meeting of the State Health Secretaries was organized by the
NHRC at India International Centre, New Delhi on 4 September 2015. The main
objectives of the meeting were to (i) discuss ways for better implementation of
the National Mental Health Programme (NMHP), especially the District Mental
Health Programme (DMHP), infrastructure and manpower development in the
States and Union Territories; (ii) discuss ways for better utilization of funds
allocated by Government of India for various components of NMHP; (iii) sharing
of good practices on mental health care including rehabilitation in States/Union
Territories; and (iv) discuss ways for proper rehabilitation of cured patients in
the community.
12.24 The Meeting was inaugurated by Justice Shri Cyriac Joseph, the then
Acting Chairperson of NHRC and was attended by Members, Special Rapporteurs
and senior officials of NHRC, Health Secretaries or their representative officials
from all States/Union Territories; experts from the field of mental health care;
and officials of mental care hospitals.
12.25 Keeping in view the objectives, the meeting deliberated on the following
substantive issues in three technical sessions:
 District Mental Health Programme : Its Effective Functioning and

Problems Encountered by States (Session-I)
 Strengthening Infrastructure and Human Resources for Mental Health

Care (Session II)
 Community Care and Rehabilitation of Mentally Ill Persons (Session III)
12.26 The recommendations which emanated out of this meeting are at

Annexure – 12. These recommendations were forwarded to all the Health
Secretaries for compliance. The Commission urges all the State Governments

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and Union Territory Administrations to forward their action taken reports at

the earliest.
E. Illustrative Case Relating to Rights of Persons with

Disabilities Dealt by NHRC
1. Detention of a Mentally Ill Girl in Gwalior Mental Hospital by the In-charge
and Attendant of the Hospital
(Case No. 2450/12/18/2014)
12.27 The Commission received a complaint from Mohammad Aslam Qureshi,

r/o Bahorapur, Lashkar, Gwalior, Madhya Pradesh on 30 July 2014 alleging
illegal detention of a mentally ill girl Kumari Rizwana in a recreation room,
where there was no water and food by Renuka Dixit, In-charge of Gwalior
Mental Hospital and Sangeeta Sharma, an Attendant (Class-IV employee), on 5
July 2014. She was taken out of the room on the directions of one female Medical
Officer, named Dr. Manu Dixit on 6 July 2014 at 1:30 p.m. on hearing her cry. It
was alleged that no action was taken against Renuka Dixit and Sangeeta Sharma.
According to the complainant, this was a case of grave violation of human rights
of the victim Km. Rizwana and sought intervention of the Commission.
12.28 The Commission took cognizance of the matter on 15 September 2014

and obtained a report dated 8 June 2015 from the Deputy Secretary, Medical
Education Department, Government of Madhya Pradesh, Bhopal. According to
the report, an enquiry was conducted by a team of three Doctors who after
recording the statements of the witnesses found that due to the carelessness
of Sangeeta Sharma, a Class-IV employee, Kumari Rizwana had to remain in
the recreation room from 2:00 p.m. on 5 July 2014 to 1:30 p.m. on 6 July 2014.
The Deputy Secretary, Medical Education Department, Government of Madhya
Pradesh, Bhopal further submitted that Sangeeta Sharma, the woman attendant
was found guilty of being negligent and one increment of hers was withheld.
The enquiry was pending against the Incharge.

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12.29 The Commission subsequently considered the matter on 1 December
Chapter - 12
2015 whereby it observed that from the report it was clear that Sangeeta
Sharma of Mental Hospital Gwalior had illegally detained Kumari Rizwana a
mental-ill patient for almost 24 hours, which was a gross violation of her human
rights. Accordingly, the Commission issued a notice under Section 18(a) (1) of
the Protection of Human Rights Act, 1993 to the Chief Secretary, Government
of Madhya Pradesh to show cause within six weeks as to why Kumari Rizwana
be not recommended compensation from the State Government of Madhya
Pradesh. Deputy Secretary, Health Education Department, Government of
Madhya Pradesh was also asked to submit the outcome of the departmental
enquiry pending against other employees of the Mental Hospital, Gwalior,
Madhya Pradesh. Reply to show cause notice and outcome of departmental
proceedings are awaited.


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Chapter - 13

219

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Chapter - 13
Human Rights Education,
Training and Awareness
13.1 NHRC has mandate to protect and promote human rights. Section 12(h)
also envisages that NHRC shall spread human rights literacy among various
sections of society and promote awareness of the safeguards available for
the protection of these rights through publications, the media, seminars and
other available means be achieved by sensitizing various functionaries in the
Government/local bodies, etc., and also by awareness creation amongst.
13.2 In view of above, the Training Division of NHRC is spreading human

rights literacy through training programmes in human rights in the society
through Administrative Training Institutes, State Human Rights Commissions,
Universities and Colleges and through non-governmental organizations (NGOs).
Apart from these, the internship programme, twice in a year, is being organized
for the university/college students of different States of the country.
A. Training Programmes Organized by NHRC
13.3 During the financial year 2015-2016, the Commission approved 90

training programmes of 70 institutes in human rights and related issues, out of
which 71 training programmes were conducted by 59 institutes. In addition, 09
training programmes to be conducted during 2014-2015 were organized, taking
the total to 80. The details of these training programmes are at Annexure – 13.

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B. Summer and Winter Internship Programmes
13.4 The one-month Summer Internship Programme - 2015, with 48 interns

consisting of 28 females and 20 males from 11 different States and Union
Territories was organized by the Training Division of the NHRC. Majority of the
interns were Post-Graduate students pursuing different disciplines of social
sciences while 13 were pursuing their Law Degree.
13.5 In the one-month Winter Internship Programme - 2015, a total of 49

interns comprising 34 females and 15 males from 13 different States and Union
Territories participated in the programme. Out of the 49 interns, half of them
pursued their Law Degree and the remaining half pursued their Post-Graduate
Degree in different disciplines of social sciences.
C. Short-term Internship Programmes and Visit to NHRC
13.6 Apart from this, 98 students of different Universities and Colleges

participated in the Short-term Internship Programme of 15 days duration
organized by the Training Division of the NHRC.
13.7 In addition, 401 students from 13 Colleges/Universities/Institutes

pursuing various disciplines visited the Commission along with their Faculty
Members.
D. Organization of National Seminars in Hindi on Human

Rights
13.8 In its efforts towards spreading awareness about human rights among
the general public, the Official Language Section of the NHRC has been
organizing National Seminars in Hindi on Human Rights related themes of two-
day duration in different parts of the country. In continuation of this, the first
National Seminar was organized with R.T.M. Nagpur University on 14 and 15

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September 2015 at Dr. Babasaheb Ambedkar College of Law, Nagpur. The main
Chapter - 13
theme of the Seminar was “Indian Society, Media and Challenges of Human
Rights : A Dialogue”. The second Seminar was organized in collaboration with
the National Law School of India University, Bangalore on “Rights of the Elderly
People” on 11 and 12 February 2016. The third National Seminar was organized
with Mizoram University on “Protection of Human Rights and Assuring the
Unity and Integrity of the Nation” on 17 and 18 March 2016. These Seminars
had the distinguished presence of Justice Shri H. L. Dattu, Chairperson, NHRC;
Justice Shri Cyriac Joseph, as Acting Chairperson and Member, NHRC; Justice
Shri D. Murugesan, Member, NHRC; Shri S. C. Sinha, Member, NHRC; Shri S. N.
Mohanty, Secretary General, NHRC and other senior Officers of the Commission.
Other than these, it was attended by well-known personalities, renowned
subject experts, academicians, representatives of concerned State Human
Rights Commissions, non-governmental and civil society organizations and the
media fraternity.
E. Observance of Hindi Fortnight at NHRC
13.9 The Official Language Section of the NHRC organized its Annual Hindi
Fortnight from 14 to 28 September 2015. During the two-week programme,
several competitions were organized for officers and staff employed in the
Commission from the point of view of promoting Hindi language. Typing,
translation, handwriting, essay writing, poetry recitation, noting and drafting
were some of the events organized.
F. Two-day Training Programme for Judicial Officers
13.10 The NHRC organized a two-day Training Programme for District Level
Judicial Officers in collaboration with the Indian Law Institute, New Delhi on
3 and 4 October 2015. Justice Shri Cyriac Joseph, the then Acting Chairperson,

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NHRC, inaugurated the programme. Justice Shri D. Murugesan, Member, NHRC

gave the valedictory address.
G. Awareness Programme on Drug Abuse Prevention
13.11 The NHRC sponsored a day long State Level Awareness Programme on
Drug Abuse Prevention that was jointly organized by Manipur University and
the Department of University and Higher Education, Government of Manipur at
D.M. College of Teacher Education, Imphal on 18 February 2016.
H. NHRC – ILI Media Workshop
13.12 The NHRC in collaboration with the Indian Law Institute, New Delhi
organized a day-long workshop on Media and Human Rights : Issues and
Challenges on 12 March 2016. The programme was inaugurated by Shri S.
C. Sinha, Member, NHRC. The participants included media persons, officers
working for media in the Centre and State Governments, and law students.
I. Development of Booklets on Different Human Rights

Themes
13.13 The National Human Rights Commission in collaboration with Multiple

Action Research Group (MARG), New Delhi took up a project in November
2015 to develop 27 booklets covering 11 human rights themes with the aim of
spreading legal awareness about it in terms of knowledge of law; respect for
rights and handiness to secure those rights. The 11 themes identified are as
follows:
(i) Rule of Law and Constitution
(ii) Criminal Justice System
(iii) Remedies in Law

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(iv) Child Rights
Chapter - 13
(v) Rights of Scheduled Castes and Scheduled Tribes
(vi) Women’s Rights
(vii) Rights in Conflict Areas
(viii) Labour Rights
(ix) Environmental Rights
(x) Rights of Other Vulnerable Groups
(xi) Right to Health
13.14 The project is to be completed in a span of 10 months time.
J. Painting Competition for Children
13.15 As part of its Foundation Day celebrations, the NHRC organized a painting
competition for the children of its officers and staff at its premises in New Delhi
on 19 September 2015. The event was also aimed to build awareness about
human rights and orient the young generation towards it. The competition was
held in three categories of children in the age group of 5-8 years, 8-13 years
and 13-17 years and the three themes were ‘My School’, ‘Home for Everyone’,
and ‘Care for the Aged’. The winners were given prizes on Human Rights Day.
K. NHRC Celebrates 22nd Foundation Day
13.16 The 22nd Foundation Day of the NHRC was celebrated on 12 October
2015. The Chief Guest on the occasion was Nobel Peace Laureate Shri Kailash
Satyarthi, Founder of Bachpan Bachao Andolan in New Delhi. Justice Shri Cyriac
Joseph, Acting Chairperson, NHRC delivered the Presidential Address. Speaking
on the occasion, Shri Satyarthi said that human rights and development are

225
two sides of the same coin and the development discourse will be incomplete
without ensuring rights of one and all. Delivering the presidential address,
Justice Shri Joseph expressed that the Foundation Day celebrations gives an
opportunity to the Commission to self-introspect and resolve ourselves towards
promotion and protection of human rights.
13.17 On the occasion, the NHRC felicitated 10 special children from

Government-run Asha Kiran, a Home for Mentally Challenged in Delhi who
brought laurels to India by winning medals in the Special Olympics World
Summer Games 2015 in Los Angeles, United States of America. Awards were
also given to the winners of the Painting Competition especially organized for
the children of NHRC employees. Besides, awards were given to writers from
Scheduled Castes, Scheduled Tribes and Other Backward Classes categories
for best essay in Hindi on the theme of ‘Good Governance, Social Justice and
Human Rights’. The Foundation Day function culminated with a cultural show.
L. Observance of Human Rights Day and Release of NHRC

Publications
13.18 The Commission observed the Human Rights Day on 10 December 2015
at a function organized in the DRDO Auditorium, New Delhi. The Chief Guest
on the occasion was Justice Shri T.S. Thakur, Hon’ble Chief Justice of India. Shri
Kiren Rijiju, Minister of State for Home Affairs, Government of India was the
Guest of Honour. Justice Shri Thakur inaugurated the photo and children’s
paintings exhibition, including those by the visually impaired children The
Chief Guest on the occasion released the following six publications of NHRC:
• NHRC English Journal on Human Rights (Vol.No.14, 2015)
• Manavadhikar - Nai Dishayein, (Vol.No.12, 2015) – NHRC Hindi Journal

on Human Rights

226
• Trilingual Glossary of Human Rights Terms - (English-Malayalam-Hindi)
Chapter - 13
– This glossary contains English alterative of the terms used by a cross
section of people in Malayalam and Hindi in human rights discourse.
• Recent Initiatives of National Human Rights Commission – Health Care

as Human Rights – (in English).
• Schemes and Programmes of Government of India on Human Rights

Related Issues – (in English).
• Monitoring of Economic, Social and Cultural Rights by NHRC – Inspection

Formats for Schemes & Programmes in States/Union Territories – (in
English)
13.19 Justice Shri Cyriac Joseph, Acting Chairperson, delivered the Presidential
Address on the occasion. A festival of the selected short films was also shown as
part of the function. For the first time, there was a live coverage of observance
of NHRC Human Rights Day programme on Doordarshan. The event was
attended by several prominent dignitaries, including Members of NHRC,
Judges of Supreme Court, High Courts, former Judges of Supreme Court, UN
representatives, diplomats, senior Government officials, representatives of
non-governmental and civil society organizations, groups of specially privileged
children, personnel of para-military forces and officers and staff of NHRC.
13.20 On the eve of Human Rights Day, Justice Shri Cyriac Joseph also delivered
a Message to the public.
M. All India Inter-Central Armed Police Forces’ Debate

Competition 2015
13.21 The NHRC is engaged in a wide range of activities aimed at promoting

and spreading human rights awareness among the police personnel. One of
the activities carried out by it for sensitizing the Central Armed Police Forces
(CAPF) is the organization of a debate competition by the Investigation Division

227
of the Commission on any relevant human right theme every year since 1996.
From 2004 onwards, on the advice of the then Chairperson, Zone-wise Debate
Competitions have also been organized as a run up to the Final Competition,
for larger participation of the CAPF all over the country. The semi-final and the
final rounds of the zonal competitions are organized in the Capital. In 2015,
the debate competition for the CAPF was organized by the Central Industrial
Security Force at New Delhi on 29 September 2015 and 04 November 2015
respectively.
13.22 The team championship for the 2015 debate competition was won by
the Central Industrial Security Forces (CISF). However, the debate competition
for personnel, Individual level, was won by Shri Man Mohan Sharma, AC, BSF
for English language and by Shri Laxmikant Sharma, SI/Exe, CISF for Hindi
language.
N. Debate Competition in English, Hindi and Regional

Languages for Police
13.23 It is the duty of the Police to conform to the principles of human rights.
The Police force in India at the cutting edge largely comprises the constabulary,
who need to be made aware about human rights concerns. The lower and middle
levels in the Police are extremely crucial from the viewpoint of human rights
as they directly come into contact with the general public while fulfiling their
duties. From 2004, an attempt was made by the NHRC to increase the level of
human rights awareness among the Police by organizing debate competitions
for them in English, Hindi and Regional languages. For this purpose, it provides
a small financial assistance of ` 15,000/- to States and Union Territories for
conducting Debate Competitions for the Police personnel. During 2015-2016,
twenty States showed their interest and submitted their proposals to the NHRC
for organization of debate competitions in their respective States.


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Chapter - 14
Human Rights Defenders
14.1 The Commission is of the strong view that the human rights defenders
are partners not only of the Commission but also of the Government, be it, at the
level of local bodies, the State level or the Central level in the endeavour to ensure
protection and promotion of human rights of the people. By raising various
issues that thwart the Government’s crusade to provide good governance to
the citizens, human rights defenders, in fact, assist the Governments in taking
remedial action in areas where needed. Any such actions that the Government
takes to help solve the problems of the people pointed out by the human rights
defenders, in turn, benefit the Government in discharging its constitutional
obligations and its primary responsibility of protecting people’s human
rights. How can then the human rights defenders be treated in a manner other
than as partners? Unfortunately, many a time, the State authorities miss this
important point and view the human rights defenders and their raising various
human rights concerns as irritants. It is this approach that the Commission is
striving to remove by sensitizing various stakeholders. The Commission wish
to emphasize once again that there is need for greater cooperation between the
Government and the human rights defenders for mutual benefit and for overall
benefit of the society at large.

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14.2 The United Nations Declaration on the Right and Responsibility of

Individuals, Groups and Organs of Society to Promote and Protect Universally
Recognized Human Rights and Fundamental Freedoms (commonly known
as the Declaration on Human Rights Defenders) is the main international
instrument on human rights defenders. It was adopted by the United Nations
General Assembly in December 1998, after 14 years of negotiation.
14.3 The Declaration codifies the international standards that protect

the activity of human rights defenders around the world. It recognizes the
legitimacy of human rights activity and the need for this activity and those who
carry it out to be protected. Under the Declaration, human rights defender is
anyone working for the promotion and protection of human rights. This broad
definition encompasses professional as well as non-professional human rights
workers, volunteers, journalists, lawyers and anyone else carrying out, even on
an occasional basis, a human rights activity.
14.4 The Declaration articulates existing rights in a way that makes it easier
to apply them to the situation of human rights defenders. It specifies how the
rights contained in the major human rights instruments; including the right
to freedom of expression, association and assembly, apply to defenders. The
Declaration outlines specific duties of States as well as the responsibility of
everyone with regard to defending human rights. For human rights defenders
too, it is equally important to subscribe to the two principles of universality
and non-violence for invoking protection under the United Nations Declaration
on Human Rights Defenders.
14.5 The National Human Rights Commission of India is mandated under

Section 12(i) of the Protection of Human Rights Act, 1993 to encourage the
efforts of non-governmental organizations and institutions working in the field
of human rights. Therefore, ever since NHRC came into existence, it has worked
closely with a number of organizations and individuals, both governmental

230
and non-governmental, to improve the human rights situation in the country
Chapter - 14
along with rendering support and protection to human rights defenders. It has
observed and complied with the United Nations Declaration on Human Rights
Defenders and consequently made efforts to promote the development of
protective mechanisms for human rights defenders across the country. As part
of its strategy, it works with non-governmental and civil society organizations;
National and State Commissions including State Human Rights Commissions
and other key actors to raise awareness about human rights defenders and
challenges being faced by them.
14.6 In order to enhance awareness among the varied stakeholders about

the important work being done by the Human Rights Defenders in promotion
and protection of human rights and also to address the challenges they face in
carrying out this work, the Commission organized a National Workshop at New
Delhi on 19 February 2015. The workshop came up with 22 recommendations
which were circulated to the concerned stakeholders including the Central and
State Governments for implementation and the Commission is monitoring the
same.
A. Focal Point for Human Rights Defenders in NHRC

14.7 The Focal Point for Human Rights Defenders set up by the Commission
continued to discharge its role of a one point of contact for human rights
defenders. The Focal Point was instrumental in ensuring that the complaints
alleging harassment of human rights defenders by or at the instance of public
authorities were taken up on priority by the Commission. The current Focal
Point is Shri Srinivasa Kammath, Deputy Registrar (Law). The Focal Point is
accessible to human rights defenders round the clock through (i) Mobile No.
9810298900, (ii) Fax No. 24651334, and (iii) E-mail: hrd-nhrc@nic.in. The Focal
Point ensures that the directions of the Commission in every case of alleged
harassment of human rights defenders are complied with expeditiously. The
update of the complaints of alleged harassment of Human Rights Defenders
is also posted on the website of the Commission and the status thereof can be
checked at any time.

231
14.8 The Focal Point for Human Rights has engaged in dialogues / discussions
with NGOs / villagers / HRDs / State Government Officers to understand the
status of promotion and protection of Human Rights at grassroot level. The
visit reports and the complaints received during visits were placed before the
Commission on priority and immediate action thereon was taken.
B. NHRC’s Course of Action for Protection of Human Rights

Defenders
14.9 The Commission has always extended its support for the cause of
promotion and protection of Human Rights and has denounced the acts of
reprisal, harassment etc against persons who fight for this cause. In fact, one of
the most important aspects of civilian safeguard that has been taken up by the
commission is the promotion and protection of the rights of the Human Rights
Defenders (HRD).
14.10 Important steps taken by NHRC for protection of HRD’s are:
• NHRC sends a strong message to the State not to victimize HRDs. In

furtherance of the same the Secretary General, NHRC wrote a letter to
the Chief Secretaries of all States to create a favorable environment for
the functioning of the Human rights Defenders. The letter is enclosed as
Annexure – 14.
• NHRC has taken proactive steps to protect the cause of the HRDs by
recommending prosecution, compensation etc.
• Encompassing this chapter of Human Rights Defenders in the Annual

Report is also a part of the steps to spread awareness.
• The National Human Rights Commission interacted with the

representatives of NGOs and the HRDs during the Camp sittings and Open
hearings. The feedback given by them regarding the bottlenecks and the

232
problems being faced by them were taken up by the Commission. Cases
Chapter - 14
of HRDs were assigned top priority and necessary relief, on merits, was
given.
• The NHRC releases a message on 9th December every year which is the
day when the UN Declaration on HRDs was adopted by the UN General
assembly. The Commission released a message on 9th December 2015
pledging continued support to the Human Rights Defenders. The message
is annexed as Annexure – 15.
C. Illustrative Cases Relating to Human Rights Defenders

Dealt by NHRC
14.11 During the period under review, the Commission received 53 complaints
concerning alleged harassment of Human Rights Defenders. 23 cases pertaining
to HRDs were finally disposed of by the Commission during the year 2015-2016.
The details of pending cases along with action taken by the Commission are
available on the website of the Commission and it is updated regularly. Some of
the important cases dealt by the Commission during the year 2015-2016 are as
under :-
1. Alleged Intimidation and Harassment of Human Rights Activist Kirity Roy

and Other Members of Masum NGO in Serampore, Hooghly
(Case No. 1063/25/6/2016)
14.12 The Commission received a complaint on mobile on 5 August 2016 and

thereafter a complaint dated 11 August 2016 from the Observatory for the
Protection of Human Rights Defenders alleging intimidation and harassment
of Human Rights Activist Shri Kirity Roy and other members of MASUM, an
NGO located in Serampore, Hooghly. Allegedly, they were targeted for taking up
the cause of Mekhligunj rehabilitation and settlement camps meant for enclave
dwellers in Cooch Behar.

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14.13 Taking cognizance of the complaint, the Superintendent of Police, Cooch

Behar was telephonically contacted and asked to ensure that no hindrance is
caused to Shri Kirity Roy in his rightful human rights work. The Commission
also called for a report from the Director General of Police, West Bengal and
directed that Kirity Roy and other members of MASUM be assured of a congenial
atmosphere in the State to carry out their lawful human rights work.
14.14 In response to the directions of the Commission, a report was received

from the Inspector General of Police (Administration), West Bengal, which, in
effect, denied the allegations in the complaint. The complainant was asked to
submit his comments on the police report. The comments of the complainant
are awaited and matter is under consideration.
2. Police Threatens a Human Rights Defender for Refusing to be Police

Informer about Maoist Activities
(Case No. 362/18/24/2012)
14.15 Shri Bishwanath Patra, a Human Rights Defender in his complaint dated
4 March 2012 stated that the Superintendent of Police, Jajpur tried to induce
him to work as a police informer with regard to activities conducted by Maoists
else he would lose his life or rot in jail, if he did not cooperate. The complainant
further stated that he did not give in to the demands of the Superintendent of
Police, Jajpur. The complainant requested for investigation into the matter and
action against the police officer.
14.16 The Commission took cognizance of the matter on 15 March 2012 and
pursuant to the directions, the Director General (Investigation), contacted
Shri Deepak Kumar, Superintendent of Police, Jajpur, Odisha telephonically.
He informed that the complaint filed by Shri Bishwanath Patra was false. An
enquiry in this regard is being conducted by the Deputy Inspector General,
Police.

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14.17 The complainant reiterated the allegations leveled in the complaint.
Chapter - 14
After considering the submissions made by the complainant, the Commission
vide its proceedings dated 10 November 2014 directed Shri Amrit Mohan
Prasad, the Additional Director General, HRPC, Government of Odisha, to get
an inquiry conducted in the matter through a Gazetted Officer and to submit
a report within six weeks. The officer so deputed to inquire may also go to the
village of the victim and record the statements of all concerned to ascertain the
true facts.
14.18 The report received from the ADG, HRPC, Government of Odisha is under
consideration of the Commission.
3. Human Rights Activist Threatened by Police for Advocating a Case of Rape

(Case No. 20903/24/72/2011)
14.19 The complainant, Dr. Lenin, Executive Director, People’s Vigilance

Committee on Human Rights, Varanasi, in the above case alleged that one
person named Shri Mangala Rajbhar, a human rights activist, was threatened
by a police official because he advocated a case of rape of a girl. He was also
threatened and abused.
14.20 Despite the intervention of the Commission, the real issue was not replied
to by the Senior Superintendent of Police, Varanasi. The Commission took up
the matter with the Director General of Police, Government of Uttar Pradesh
who forwarded a copy of the report of the Senior Superintendent of Police,
Varanasi denying the allegations as untrue. It was also informed that action
under section 107/151 Cr.PC was also initiated against Shri Mangala Rajbhar.
Based on the comments of the complainant and dissatisfied with the report,
the Commission directed the Director General of Police, Government of Uttar
Pradesh to get the matter inquired into by a Gazetted Officer of a District other
than District Varanasi. It was also directed that during inquiry, all concerned
must be examined.
14.21 The matter continues to be under the consideration of the Commission.

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4. Attack on Human Rights Defender by Local Politician in Puri, Odisha

(Case No. 1972/18/17/2015)
14.22 The Commission received a complaint from Shri Akhand, journalist and
human rights activist, Puri, Odisha drawing the attention of the Commission
about the attack on a human rights defender, Shri Amitabh Patra by a local
politician in Bargarh District of Odisha.
14.23 In response to the directions given by the Commission, it was reported

that the allegations of threatening and collection of illegal money from the street
vendors by local mafia was found to be baseless. It was also reported that both
the parties filed cross cases against each other which are under investigation.
14.24 The Commission has sent a copy of the report to the complainant for his
comments as well.
5. Refusal of Postal Authorities to Deliver Dak of Human Rights Activist

(Case No. 3021/18/12/2014)
14.25 The Commission received a complaint from Dr. Subash Mohapatra,

Executive Director, Global Human Rights Communications, Puri, Odisha alleging
that the postal authorities of Raigurupur Post Office in connivance with the
local anti-social and vested interest groups do not provide his letters (dak)
including letters from the National Human Rights Commission.

complainant does not reside in his permanent address and in absence of any
instructions from him to deliver mail to authorized persons, the mails were
being sent back.
14.27 The complainant further submitted his comments on the report stating
that there is no such information to him if there was any delivery issue. Even
during inquiry the authorities did not contact him.

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14.28 Copy of the comments has been sent to the Secretary, Department of
Chapter - 14
Posts, Government of India directing him to conduct fresh inquiry into the
matter by a responsible Senior Officer.
14.29 The report of the Government is awaited.
6. Alleged Lathi Charge on Dalit Protesters and Assault on a Woman Human

Rights Defender at Bhubaneswar, Odisha
(Case No. 3494/18/28/2015)
14.30 The Commission received a complaint from Shri Chandranath

Dani, Civil Society Forum on Human Rights, Bhubaneswar, Odisha alleging
high-handedness of the Police In-charge of Capital Police Station, Rajpath,
Bhubaneswar. According to the complainant, hundreds of protesters under
the banner of National Confederation of Dalit Organization (NACDOR) were on
their way to the house of the Chief Minister for demonstration raising demands
like allotment of four decimals of land with pattas to the dalits and tribals who
have been living on Government land since many years. The police allegedly
resorted to lathi-charge on the protesters injuring Ms. Rina Bhoi a human rights
activist and some others on 16 April 2015 at Bhubaneswar, Odisha.

members of National Confederation of Dalit Organizations under the leadership
of Shri Ashok Kumar Mallick were involved in an agitation. Section 144 Cr.P.C.
was also promulgated in that area. The police force was also abused. FIR was
registered in the matter and the investigation of the case was under progress.
14.32 Copy of the report has been sent to the complainant for his comments,
and the same are awaited.

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D. Follow-up : Action Taken on Cases Reported in the Annual

Report of 2014-2015
1. Arrest of Human Rights Defenders in Kerala
(Case No. 74/11/8/2015)
14.33 The Commission took suo motu cognizance of media report relating to
human rights defenders and Advocates Tushar Nirmal Sarathy and Jaison C.
Cooper who were arrested under Unlawful Activities Prevention Act in Kerala
and were in jail since 30 January 2015. While Jaison was arrested from Cochin
on 29 January 2015, Tushar was arrested after a Press Conference in Kozhikode
on the same day. It was alleged that the State Government was targeting human
rights defenders and human rights activists by labeling them as ‘Maoists
sympathizers’. The media report also mentioned that both Tushar and Jaison
were actively engaged in peasants’ struggles against land acquisition, illegal
rock quarrying, forcible evictions, and the violation of labour rights of migrant
workers in Kerala as well as struggles against various polluting industries.
14.34 On consideration of the reports called from the concerned authorities,

the Commission noticed that the police had observed all rules and prevailing
guidelines of Courts in the arrest of the two persons.
14.35 The Commission did not find any violation of human rights and closed
the case.
2. Harassment of RTI Activist for Complaints Against District Officials

(Case No. 12054/24/31/2014)
14.36 This complaint was sent to the Commission by one Shri Sushil Raghav,
an RTI activist of Ghaziabad District, Uttar Pradesh. It was alleged by him that
the Senior Superintendent of Police, Ghaziabad had unnecessarily harassed
him by sending him “Red Warning” notice alleging that he may cause some
disturbance during the election.

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14.37 A copy of the report received from the authorities has been sent to the
Chapter - 14
complainant for his comments.
3. RTI Activist Commits Suicide in Pune

(Case No. 816/13/23/2014)
14.38 On 26 March 2014, the Commission took suo motu cognizance of a

newspaper article which reported that an RTI Activist had committed suicide
and left a note wherein he blamed several prominent politicians of Maharashtra,
including top serving and retired IPS Officers.
14.39 The Commission observed that since requisite action had been initiated
by the police and the investigation was on, no further intervention of the
Commission is required and closed the case.
4. Human Rights of RTI Activist Violated

(Case No. 2280/18/27/2014)
14.40 The Commission received a complaint dated 10 May 2014 from Dr.
Subash Mohapatra, Executive Director, Global Human Rights Communications
alleging that a RTI Activist who had sought information under RTI Act 2005
from the Irrigation Department, Kendrapara, Odisha was called by the accused
persons; physically attacked and tortured by using filthy and derogatory
remarks in public view. A complaint was thereafter lodged by the victim, but
police did not register any FIR.
14.41 The Commission after consideration of the reports observed that as

requisite monetary relief had been paid to the victim and that the departmental
action against the police officials is sub-judice, further intervention of the
Commission is not required. The case was closed.

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5. Eighty Year Old Human Rights Activist Attacked

(Case No. 530/13/14/2015)
14.42 The Commission took cognizance of the case of an eighty year old
activist Shri Govind Pansare and his wife who were shot at by some un-
identified persons in Kolhapur, Maharashtra on 16 February 2015. The incident
was reported widely in various newspapers including ‘The Hindu’ dated 16
February 2015 under the caption “CPI Leader Shri Govind Pansare, his wife
shot at in Kolhapur”. Reportedly the activist was associated with various
social movements in Mahatrashtra and was leading an Anti-toll Movement in
Kolhapur. On 16 February 2015 while on a morning walk, Shri Pansare was
shot at thrice on his chest and neck, while his wife suffered a depressed skull
fracture. According to media reports, passersby rushed them to a hospital
where several surgeries had to be performed on the victims.
14.43 It was reported that one accused involved in the murder of Shri Govind
Pansare had been arrested and a chargesheet was filed in the Court as well.
Efforts were on to arrest other persons. A Writ Petition was also filed by the
relatives of the deceased to monitor the investigation in the case. Under these
circumstances, the Commission did not feel appropriate to continue with the
proceedings and closed the case.
6. Arrest of Woman Human Rights Defender

(Case No. 1062/12/2/2013)
14.44 The complainant, an office-bearer of Front Line Defenders, an Ireland

based NGO, alleged that a human rights defender Ms Madhuri Ramakrishnasway
was arrested by police in Badwani district of Madhya Pradesh on 16 May
2013 as she was protesting for the rights of a woman named Baniya Bai who
was victim of medical dishonesty in Public Health Centre, Menimata, District
Badwani, Madhya Pradesh.

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14.45 It was reported by the authorities that Ms. Madhuri Ramakrishnasway
Chapter - 14
was not arrested by the police but for non appearance in the Court inspite
of service of notice, the Court had sent her to judicial custody. As regards
dereliction of duty it was reported that action had been initiated against the
erring staff.
14.46 The Commission issued a show cause notice to the Chief Secretary,
Government of Madhya Pradesh asking him to show cause as to why the
Commission should not recommend payment of compensation to the victim
Baniya Bai.
14.47 The report of the State Government is awaited.
7. Illegal Arrest and Torture of Human Rights Defenders

(Case No. 31/14/12/2013)
14.48 The complainant in the above case alleged illegal arrest and humiliation
of two persons, namely, Mandir Laishram and Ningthoujam Hemo and their
false implication in Thoubal Police Station. The complainant thus requested
a thorough and independent investigation of the matter and punitive action
against the guilty police officials.
14.49 Based on the report received from the concerned authorities, the
Commission observed that the police personnel had used excessive force on
the victims to cause injuries for which they needed medical aid. This was an
abuse of power by the public servant, resulting in violations of human rights of
the victims.
14.50 The Commission recommended payment of compensation of Rs.25,000/-

(Rupees Twenty-five Thousand only) each to both the victims.
14.51 After receipt compliance report along with proof of payment, the
Commission closed the case.


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Chapter - 15
International Cooperation
15.1 National Human Rights Institutions (NHRIs) that comply with the
principles relating to the status of national institutions, commonly known as
the Paris Principles, are playing a crucial role in promoting and monitoring
the effective implementation of international human rights standards at the
national level. This role is increasingly being recognized by the international
community. Through the Universal Periodic Review, treaty monitoring bodies,
and other international human rights mechanisms, every State is being
encouraged to establish an effective, independent NHRI that complies with
the Paris Principles as well as strengthen it where already existing. NHRIs
encourage cooperation with a range of actors, among which the United Nations,
and in particular, the Office of the United Nations High Commissioner for Human
Rights (OHCHR) besides the International Coordinating Committee of National
Institutions for the Promotion and Protection of Human Rights (International
Coordinating Committee/ICC, now known as GANHRI) and the Asia Pacific
Forum of National Human Rights Institutions (APF) are of significance.
15.2 During the period under review, the National Human Rights Commission
of India, which is a member of the ICC and a founder member of the APF
participated in number of meetings which are detailed below along with details
of participation in international meetings, seminars, workshops and interaction
with foreign delegates in the Commission.

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A. Cooperation with the Asia Pacific Forum of National Human

Rights Institutions
15.3 The Asia Pacific Forum of National Human Rights Institutions (APF)
is the leading regional human rights organization in the Asia Pacific region
established in 1996. It is a member-based organization that supports the
establishment and strengthening of independent National Human Rights
Institutions in the region. Its goal is to protect and promote human rights of
people of the Asia Pacific region through network of member institutions. At the
time of writing of the Annual Report, APF had 15 Full Members and 7 Associate
Members. These Members represent a diverse range of countries across the
region. The National Human Rights Commission of India (NHRC, India) is one
of its founding members. Any National Human Rights Institution in the Asia
Pacific can apply to become a member of the APF. Decisions about membership
are made by the Forum Council, the APF’s governing body.
15.4 To be admitted as a full Member, a National Human Rights Institution

must comply with the minimum international standards set out in the Paris
Principles. In addition, the Forum adopts the accreditation decisions of
the International Coordinating Committee of National Human Rights
Institutions to determine APF membership status. National Human Rights
Institutions which are considered to fully comply with the Paris Principles are
accredited as ‘A status’, while those that partially comply are accredited as ‘B’
status. ‘A status ‘National Human Rights Institutions are allowed to participate
in the work and discussions of the United Nations Human Rights Council and
its subsidiary bodies.
Other Events Organized by APF & NHRC Participation
15.5 Smt. Sumeda Dwivedi, Sr. Superintendent of Police, Shri T. Raveendran,

Section Officer and Smt. Monia Uppal, Inspector participated in the Asia Pacific
Forum (APF) Sub-regional Workshop on Women and Girls Human Rights in
Kathmandu, Nepal from 13 to 17 April 2015.

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15.6 Shri Inder Pal Singh, Inspector attended the Asia Pacific Forum of
Chapter - 15
NHRIs (APF) and the Association for the Prevention of Torture (APT) regional
workshop on Investigating and Documenting Torture in Manila, Philippines
from 20 to 24 April 2015.
15.7 Shri D. M. Tripathy, Under Secretary (GA) and Shri Mukesh Kumar,
Assistant Registrar (Law) attended the Regional Workshop on the UN
Declaration on the Rights of Indigenous Peoples (UNDRIP) being organized by
Asia Pacific Forum of NHRIs (APF) in Dhaka, Bangladesh from 4 to 8 May 2015.
15.8 Dr. Ranjit Singh, Joint Secretary (P&A) attended the Asia Pacific Forum
(APF) face-to-face training on Business and Human Rights, 2015 in Bangkok,
B. Cooperation with Global Alliance of National Human Rights

Institutions
15.9 The International Coordinating Committee of National Institutions for
the Promotion and Protection of Human Rights (ICC), renamed as GANHRI is
a representative body of National Human Rights Institutions established for
the purpose of creating and strengthening National Human Rights Institutions
which are in conformity with the Paris Principles. It performs this role through
encouraging international co-ordination of joint activities and co-operation
among these National Human Rights Institutions, organizing international
conferences, liaison with the United Nations and other international
organizations and, where requested, assisting governments to establish a
National Institution. It works to create and strengthen National Institutions
and to ensure they conform to the Paris Principles. In all its activities and in its
Presidency, committees, working groups, etc. the GANHRI will ensure gender
equality. NHRC, India is a GANHRI member with ‘A’ status accreditation which
was earlier accredited in 1999 and reaccredited in 2006 and 2011. Next re-
accreditation of NHRC India with the Global Alliance of National Human Rights
Institutions (GANHRI) scheduled in the Sub-Committee on Accreditation

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(SCA) Session from 14 – 18 November 2016. The Commission participated in

the following meetings of GANHRI during the year :
29th Annual Meeting in Geneva
15.10 NHRC India was a Member of the ICC Bureau in the year 2003 and
from 2007 to 2011. The NHRC, India delegation led by Chairperson Justice
Shri H. L. Dattu and consisting of Shri Satya N. Mohanty, Secretary General and
Dr. Ranjit Singh, Joint Secretary attended the 29th Annual Conference of the
ICC on Promotion and Protection of Human Rights in Geneva from 21 to 23
March 2016. The Conference commenced with ICC Bureau Meeting, chaired
by Adv. Mabedle Lawrence Mushwana, Chairperson of ICC. On this occasion,
the ICC officially adopted the new name Global Alliance of National Human
Rights Institutions (GANHRI).The General Meeting elected India as a Bureau
Member of GANHRI from Asia Pacific Region (APF). Thus, after a gap of four
years, NHRC, India again became a member of the GANHRI Bureau with the
selection of Justice Shri H. L. Dattu, the present Chairperson. In the opening
plenary session, the Chairperson Justice Shri H.L. Dattu, read out a statement
highlighting the role of NHRC, India.
15.11 Making a statement in the session on “The Merida Declaration” on the

‘Role of NHRIs in Implementing the 2030 Agenda for Sustainable Development’,
Chairperson, Justice Shri H.L. Dattu said that NHRC, India in consonance with
what the Merida Declaration promises, is actively engaged with the international
mechanisms, such as the universal periodic review. And, it will put in all efforts
within its jurisdiction to achieve the goals envisaged under the 2030 Agenda
for Sustainable Development.
15.12 NHRC, India actively participated in the ‘Knowledge Fair’ organized by

GANHRI on the last day of the three-day Conference. NHRC, India put up a stall
in which information was displayed on trends of human rights cases from 1993
to 2015 as well as information about its publications and initiatives taken by

246
the Commission on various human rights issues. It also displayed posters of
Chapter - 15
short film competition organized by the Commission in the year 2015.
C. Universal Periodic Review
15.13 As part of the second cycle of the universal periodic review (UPR)
undertaken by the United Nations Human Rights Council in 2012, the NHRC,
being an independent statutory body, took upon itself the task of monitoring
all the 67 recommendations accepted by the Government of India and report
its progress to the Council by submitting its own independent report. For this
purpose, first and foremost, it devised a framework indicating action required
on each of the 67 recommendations along with its monitorable outcomes as it
felt this would not only provide information about the existing ground realities
on a range of issues but also facilitate in providing a road map for improving the
gaps therein. The 67 recommendations were grouped under 16 major heads.
This exercise was initiated in October 2012 and continued in 2012 and 2013
with significant stakeholders who included among others national human
rights institutions and civil society organizations. Simultaneously, the NHRC
wrote to the respective Ministers of all the significant Ministries to inform
the progress they had made towards implementation of UPR-1 and UPR-2
recommendations.
15.14 The framework was completed in February 2014 wherein it identified

the specific Union Ministries, 16 in all, on whose part action was required.
The NHRC further ensured that the completed framework developed by it
was forwarded to all the 16 Ministries and other stakeholders besides posting
it on its website (www.nhrc.nic.in) for wider dissemination. As response was
received from only four Ministries (Minority Affairs, Food & Public Distribution,
Justice and Rural Development), NHRC again addressed letters to the concerned
Secretary of each of the 16 Ministries including NITI Aayog calling for a meeting
in the Commission. The names of these Ministries are External Affairs, Home

247
Affairs, Law & Justice (Department of Justice), Health & Family Welfare, Women
and Child Development, Minority Affairs, Human Resource Development, Rural
Development, Social Justice and Empowerment, Finance, Consumer Affairs,
Food & Public Distribution, Labour & Employment, Drinking Water & Sanitation,
Housing & Urban Poverty Alleviation, Information & Broadcasting (Press Council
of India) and Tribal Affairs. The Secretary General/Joint Secretary (Training &
Research) of NHRC held these meetings with the Secretaries/Joint Secretaries/
Directors of all the above Union Ministries during the first half of 2015. In these
meetings a brief orientation was given about the UPR along with the framework
evolved by NHRC. This was followed by a discussion on the action taken by
their Ministry on the recommendation(s) related to their work. Despite these
efforts and reminders, exact information did not come forth from most of the
Ministries, a handful of them did not respond at all. In order to have complete
information from all these Ministries, the NHRC then decided to have another
round of meetings with each of the identified Ministries beginning 2016.
15.15 It also decided to organize five regional consultations and a national

consultation with representatives of the government, human rights institutions
including state human rights commissions (SHRCs), technical institutions,
academics, experts, non-governmental and civil society organizations from the
viewpoint of perceiving the actual ground situation across the country given
the diversity of India. During the period under review, it held two regional
consultations, one at Chandigarh (in collaboration with Panjab University) in
October 2015 which covered the Northern States of the country. The second
consultation covering the Eastern and Central States was held in Kolkata in
February 2016 (in collaboration with the West Bengal National University of
Juridical Sciences).
D. NHRC Participation in Other International Meetings
15.16 Shri A.K. Parashar, Joint Registrar (Law) and Dr. Savita Bhakhry, Joint
Director (Research) participated in the Capacity Building Programme for

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Commonwealth Forum of National Human Rights Institutions (CFNHRI) on
Chapter - 15
Early and Forced Marriage and Sexual Violence in Conflict in Kigali, Rwanda
from 4-7 May 2015.
15.17 Shri Jamini Kumar Srivastava, Information and Public Relations Officer
and Shri Om Prakash, Librarian attended the Raoul Wallenberg Institute (RWI)
Regional Conference on Human Rights Library Management at Bangkok,
15.18 Justice Shri Cyriac Joseph, Acting Chairperson participated in the

International Conference for National Human Rights Institutions (NHRIs) on
Best Practices and Lessons Learned in Istanbul, Turkey from 12-13 June 2015.
The programme was organized by the Human Rights Institution of Turkey.
15.19 Dr. Ranjit Singh, Joint Secretary (P&A) attended the Round Table
Discussion Concerning the Shrinking Civic Space in Asia held in Dhaka,
Bangladesh on 10 and 11 August 2015.
15.20 Justice Shri D. Murugesan, Member participated in the Consultation

Meeting on the Strategic Plan (2016-2010) of NHRC held in Dhaka, Bangladesh
on 16 August 2015.
15.21 A three-member delegation comprising Justice Shri Cyriac Joseph,

Acting Chairperson; Shri S.C. Sinha, Member and Shri Satya N. Mohanty,
Secretary General participated in the 20thAnnual General Meeting and Biennial
Conference of Asia Pacific Forum of NHRIs at Ulaanbaatar, Mongolia from 26
to 28 August 2015. Shri Mahabeer Singh, Principal Private Secretary to Acting
Chairperson also accompanied the delegation.
15.22 Justice Shri Cyriac Joseph, Acting Chairperson and Shri S.C. Sinha,
Member attended the 12th International Coordinating Committee Conference
of National Human Rights Institutions including the ICC Bureau Meeting &
Regional Asia Pacific Forum Meeting at Merida, Yucatan, Mexico from 6 to 10
October 2015.

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15.23 Justice Shri Cyriac Joseph, Acting Chairperson and Shri J.S. Kochher, Joint
Secretary (T&R) attended the NHRI Special Session on the Role of NHRIs in the
Promotion and Protection of the Rights of Older Persons and ASEM Conference
on Global Ageing and Human Rights of Older Persons, at Seoul, South Korea
from 26 to 28 October 2015.
15.24 Justice Cyriac Joseph, Acting Chairperson and Dr. Savita Bhakhry, Joint
Director (Research) participated in the CFNHRI Biennial Meeting at Malta from
23 to 25 November 2015.
15.25 Dr. Sanjay Dubey, Director (Administration) attended the Seminar on

International, Regional and National Human Rights Mechanisms at Vientiane,
Lao PDR on 7 and 8 December 2015.
15.26 Justice Shri H. L. Dattu, Chairperson along with Shri S.N. Mohanty,
Secretary General, Dr. Ranjit Singh, Joint Secretary (P&A) attended the Asia
Pacific Forum Regional Meeting, Commonwealth Forum of National Human
Rights Institutes (CFNHRI) Annual Meeting and 29th Annual General Meeting of
International Coordinating Committee on Promotion and Protection of Human
Rights, at Geneva, Switzerland from 21 to 23 March 2016.
E. Interaction with Foreign Delegates in NHRC
15.27 Jenny Grant-Curnow, Political Counsellor, Australian High Commission

visited the NHRC to discuss about various human rights issues with NHRC,
India on 28 May 2015.
15.28 Mr. D. B. Seetul Singh, Chairman, NHRC Mauritius paid a courtesy call to
Justice Shri Cyriac Joseph, Acting Chairperson, NHRC on 23 February 2016.


250
Chapter - 16

251

252
Chapter - 16
State Human Rights Commissions
16.1 The Protection of Human Rights Act, 1993 (PHRA) lays down that all
State Governments should have their own State Human Rights Commission
to exercise the powers conferred upon this institution and to perform the
functions assigned to it. The State Commission shall consist of a Chairperson
who is a former Chief Justice of a High Court. One of its Members must either be
a former Judge of a High Court or a District Judge in the State with a minimum
of seven years experience. The second Member is to be appointed from
amongst persons having knowledge and practical experience of human rights.
A Committee that includes the leaders of both the ruling and opposition parties
in the State Legislature recommends their appointment to the Governor, who
appoints them. The State Commission is facilitated in their day-to-day task by
a Secretary who functions as the Chief Executive Officer. The Headquarters of
the State Commission shall be at such a place as the State Government may, by
notification, specify.
16.2 During the period under report, 26 States in the country had their
own State Human Rights Commission. These States are - Andhra Pradesh and
Telangana (Combined SHRC), Assam, Bihar, Chhattisgarh, Gujarat, Himachal
Pradesh, Karnataka, Kerala, Jammu & Kashmir, Jharkhand, Madhya Pradesh,
Maharashtra, Manipur, Odisha, Punjab, Rajasthan, Sikkim, Tripura, Tamil Nadu,
Uttar Pradesh, Uttarakhand, Haryana, Goa, West Bengal and Meghalaya.

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16.3 The National Human Rights Commission, as and when it considers it

necessary or expedient, it may transfer any complaint filed or pending before
it to the Human Rights Commission of the State from which the complaint has
arisen, for disposal in accordance with the PHRA. However, it shall not forward
a complaint to a State Human Rights Commission that does not have the
jurisdiction to entertain the same. The complaints transferred by the National
Human Rights Commission are dealt with and disposed of by the State Human
Rights Commission as if it were a complaint initially filed before it. For example,
during 2015-2016 the NHRC had a total of 1,17,808 registered cases. Out of
these, a total of 24,622 cases were transferred to different State Human Rights
Commission for disposal in accordance with the provisions of the PHRA.
16.4 The National Human Rights Commission has been continuously pursuing
with the Government of India for the setting up of the State Human Rights
Commissions in every State so that human rights protection is easily accessible
to every citizen in the country. It has also proposed to the Government of India
for an amendment in the PHRA for constitution of Human Rights Commissions
in the Union Territories.
16.5 Furthermore, it has taken up with the Ministry of Home Affairs,

Government of India, issues of concern like having a basic structure, minimum
manpower and financial requirement for smooth functioning of State Human
Rights Commissions (SHRCs) including streamlining of complaint disposal. In
response, the Government of India requested the NHRC to forward details of
each SHRC with regard to complaints registered, disposed off, pending, division-
wise manpower, financial allocation, kind of shortage being experienced and
justification for enhancing the same. The factual information, as received
from different SHRCs, by the NHRC was collated and forwarded to the Ministry
on 23 March 2015 along with the request to take required action on the
recommendations made by the NHRC constituted “Justice Shri G. P. Mathur
Committee on SHRCs” in 2011. As there was no response, the Human Rights
Division of the Ministry of Home Affairs, Government of India was reminded

254
to communicate the status of action in the matter. At the time of writing of this
Chapter - 16
Annual Report, the Ministry was reminded again. The NHRC is optimistic that
the Ministry of Home Affairs will give due weightage to the functioning of the
SHRCs so that the rationale of PHRA for better protection of human rights and
for matters connected therewith or incidental thereto is fulfiled.
16.6 During the reporting period, the NHRC also organized a day-long
National Conference of NHRC and SHRCs in New Delhi on 18 September 2015.
The NHRC and SHRCs being autonomous and independent institutions, the aim
of the Conference was to discuss the ways and means by which these could be
made stronger and effective for the protection and promotion of human rights;
explore the areas of cooperation and coordination between the NHRC and the
SHRCs; and further assess the support provided by the State Governments
towards the overall functioning of the SHRCs. The Conference was attended
by Chairpersons/Acting Chairpersons, Members, Secretaries, Registrars and
Inspectors General of the States, besides the Acting Chairperson, Members,
Secretary General and senior officers of the NHRC.
16.7 Inaugurating the Conference, the Union Home Minister, Shri Rajnath
Singh conveyed that maintaining the autonomy of the NHRC and the SHRCs will
be in the interest of the country and assured all possible cooperation from the
Centre to make these institutions more strong and effective. Reflecting on the
issue, he stated that India has a long tradition of respecting the human rights of
people and that he was in agreement with the suggestion that in order to make
the SHRCs effective, it is necessary to provide them with basic infrastructure,
financial and human resources and would look into the recommendations of
Justice Shri G. P. Mathur Committee along with the suggestions emanating from
today’s meeting.
16.8 The Home Minister articulated that there should be no problem in

moving the recommendation before the Parliament for an amendment in
the Protection of Human Rights Act, 1993 for constitution of Human Rights
Commissions in Union Territories also.

255
16.9 Speaking on the occasion, Justice Shri Cyriac Joseph, the then Acting
Chairperson, NHRC, said that it is the constitutional obligation of the State to
protect human rights. The NHRC and the SHRCs are recommendatory bodies
but it is for the Government to ensure that these do not remain toothless tiger. It
may review the PHR Act, 1993 in the light of the experience gathered during the
last 22 years of its existence. The effective functioning of the NHRC, according
to him, will definitely enhance the overall image of India as a nation governed
by the rule of law.
16.10 Justice Shri Cyriac Joseph mentioned that the NHRC and the SHRCs
are not envisaged to be a substitute for the judicial system but definitely
complementary to the courts. The emphasis in a court of law is on penalizing
the offender, whereas the emphasis in the Human Rights Commissions is
towards rehabilitation and monetary relief to the victims or their dependents,
without any prejudice to the criminal proceedings against the offenders. The
court conducts trial after the offence is committed; the role of the Commissions
is to create awareness with the aim of preventing violation of human rights.
16.11 He opined that the Government will consider expediting the

Commission’s recommendations seeking amendments in Section 30 and 31 of
the PHR Act, 1993 vis-à-vis the establishment and jurisdiction of the Human
Rights Courts and the procedure to be followed. According to him, the criticism
against the NHRC in respect of procedure to be followed towards armed
forces, that is, Section 19 of the PHRA, deserves serious consideration of the
Government of India and the Parliament. The State Governments too should
look into the grievances of the State Human Rights Commissions about the lack
of infrastructure and filling of vacancies for their effective functioning.
16.12 Several important suggestions and recommendations that emerged

during the day-long deliberations, focusing on making the NHRC and the
SHRCs more strong and effective, were later forwarded to the Central and State
Governments.
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Chapter - 17
Administration and Logistic Support
A. Staff
17.1 As on 31 March 2016, 291 employees were in position in the National

Human Rights Commission against the total sanctioned strength of 331
consisting of various ranks. Ever since NHRC came into existence, it has
taken recourse to various methods for selection of personnel in developing
and building a cadre of its own. These methods include direct recruitment,
deputation, re-employment and contractual appointments.
B. Promotion of Official Language
17.2 In its efforts to promote official language in the NHRC, an Official

Language Section has been set up within the Commission. Its prime role is that
of translation, including translation of monthly Newsletter of the NHRC, Annual
Report, Budget Report and important publications of the Commission. In
addition, the Official Language Section of the Commission undertakes several
other activities like raising awareness on human rights issues by organizing
seminars and workshops in Hindi.

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C. NHRC Library
17.3 The Library of the Commission was established in 1994 for research
and reference purposes. It has been upgraded to NHRC Documentation Centre
(E-Library) which is well equipped with computer and Internet services.
Database of books, documents and articles are available on the internet for
wider use of readers. These readers include Interns, Research Scholars and
others working in the field of human rights.
17.4 Quality information is the backbone and an essential aspect of any

documentation centre. The NHRC Documentation Centre (E-Library) keeps
important information from different sources and documents to make it
available to the Chairperson, Members, Officers and Staff of the Commission,
Interns, Research Scholars and others who are working in the field of Human
Rights by providing value-added information services. The databank at the
Centre is continuously updated with documents and information that include
books and journals on Human Rights, Government Reports, information
received from United Nations, NGOs, NHRIs, research papers, unpublished
reports, films, CDs, video cassettes, etc.
17.5 The news paper clippings compiled by the Media and Communication
Unit are made readily available in the Library. In addition to its primary role of
collecting and preserving information on major topics of Human Rights, it also
actively disseminates the current information to the users.
17.6 The Weekly News Digest of Human Rights is an initiative of the

Commission to provide data and information on various human rights violations
in India. The Documentation Centre also compiles the Weekly News Digest.
17.7 The Library has stock of computer database of printed books on Human
Rights as well as a small collection of fiction and reference books. The Library
is computerized and has evolved into a fully automated library environment

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with the support of E-Granthalaya (Library software). The online catalogue
Chapter - 17
of the Library provides an excellent starting point for anyone researching on
violation of human rights of various sections of the society. Constant efforts
are made to update the collection of Library books and documents so that the
users can obtain the most recent books, documents, reports, etc.
17.8 The Library has about 27,727 books and back volumes of journals. It has
also a collection of 495 CD/DVD/Cassettes. It subscribes to 66 journals (Indian
and Foreign), 112 Serial Publications, 28 magazines and 26 national and seven
regional newspapers. It has an extensive collection of books and documents
covering a wide spectrum of human rights and related subjects. During the
period under review, 1,501 new books pertaining to human rights and related
subjects were added to the Library.
17.9 The Library is also equipped with SCC Online (Supreme Court Case
Finder CD-ROM), AIR InfoTech containing AIR Supreme Court 1950-2015;
AIR High Court’s 1950-2015, Criminal Law Journal 1950-2015 and Software
Package (E-Granthalaya) developed by National Informatics Centre (NIC), New
Delhi.
17.10 An online Open Public Access Cataloguing (OPAC) has been specially
developed for quickly ascertaining the availability and location of any book or
document available, in the Library through any access, such as Author, Title,
Subject, Keyword and Publisher.
17.11 NHRC Library is an institutional member of British Council Library

and DELNET (Developing Library Networking), New Delhi which promotes
resource sharing amongst the libraries. Library also maintains close liaison
with others Libraries through Inter- Library Loan facilities for accessing and
borrowing books, documents and journals.

259
D. Right to Information
17.12 The Commission in its Annual Report for the year 2014-2015, had
mentioned in detail the institutional mechanism evolved by it for replying to
the queries coming under the purview of the Right to Information Act, 2005
(RTI Act).
17.13 The details of applications and appeals and CIC notices received during
the period 1st April 2015 to 31st March 2016 are indicated below:
Sl. Online
Details
No. record
1. No. of applications received 542
2. No. of applications disposed off within 30 days 369
No. of applications pending but disposed off beyond one
3. --
month
No. of applications transferred to Ministries/Departments/
4. 178
Organizations
Details of 1st Appeals

1. No. of appeals received by the Appellate Authorities 42
2. No. of such appeals disposed off within one month 42
Details of 2nd Appeals with C.I.C.

1. No. of notices received from C.I.C. --
2. No. of hearings attended by C.P.I.O./Appellate Authority --
No. of hearings in r/o which compliance report submitted to
3. --
C.I.C.
No. of hearings in r/o which compliance report not submitted
4. --
to C.I.C.
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260
Chapter - 18
Non-acceptance of NHRC
Recommendations by State Governments
18.1 The NHRC in exercise of its powers u/s 18(a)(i)(ii) makes

recommendations for payment of compensation or damages to the complainant
or the victim of the Members of the family and/or to initiate proceedings for
prosecution and such other suitable action as the Commission may deem fit
against the concerned public servant. The compliance reports in respect of
Commission’s recommendations for grant of monetary relief/disciplinary
action against the errant public servant are awaited in 437 cases. Out of these,
299 cases were pertaining to the year 2015-2016, 66 cases were pertaining to
the year 2014-2015 and 72 cases were pertaining to the years 2008-2009 to
2013-2014. Details may be seen at Annexure-5 to Annexure-7 respectively).
18.2 The recommendations of the Commission are usually being accepted

by the authorities concerned. Rarely, the recommendations face resistance
from the State Governments public authorities in so far as their compliance is
concerned. There are delays in complying with the recommendations in certain
cases on account of lack of co-ordination between the different wings of States.
However, the Commission monitors such cases strenuously till the same reach
their logical conclusion.
18.3 The Commission’s recommendations dated 16 May 2015 to the Railway

Board for grant of Rs. 5,00,000/- (Rupees Five Lakhs only) to Ms. Sangeeta Devi,

261
wife of the deceased victim Shri Sanjay Kumar Aggarwal, has been challenged
by the Union of India, through Assistant Security Commissioner, (Prosecution)
East Central Railway, by filing a Writ Petition (C) No. 5974 of 2015 before the
High Court at Ranchi. Further in two cases, the State governments of Madhya
Pradesh and Maharashtra respectively conveyed their reluctance to comply with
the recommendations made by the Commission during the year 2015-2016
(details of these cases are mentioned at Sl. No. 94, 105 and 115 of Annexure-5,
respectively).
18.4 The Commission’s recommendations dated 19 August 2009 and

23 November 2009 to the State of Jammu & Kashmir for grant of monetary
relief to the victim/next-of-kin of the deceased victim, in 2 cases, have been
challenged by the State of Jammu & Kashmir by filing writ Petitions in the High
Court of Jammu & Kashmir. The State Government of Kerala also challenged
the Commission’s recommendations dated 12 September 2008 for grant of
monetary relief to the next-of-kin of the deceased victim by filing a Writ Petition
in the High Court of Kerala. Further, the Commission’s recommendations dated
31 July 2000 to the Government of Odisha for disciplinary action against the
errant public servant have also been challenged by the Government of Odisha
by filing a Writ Petition in the High Court of Odisha (details of these cases are
mentioned at Sl. No. 59, 60, 62 and 65 of Annexure-7, respectively).
18.5 In another case pertaining to torture and false implication of one

Smt. Nisha Singh, Counselor of Gurugram, Haryana, the Commission’s
recommendations dated 8 October 2015, in Case No.5888/7/5/2015, for
disciplinary action against the erring police personnel was challenged in Civil
Writ Petition No. 24079/2016 by Rani Devi, wife of the erring police officer,
before the High Court of Punjab and Haryana.
18.6 All of the aforesaid petitions are pending consideration before the High
Court as on the date of compilation of this report.
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262
Chapter - 19
Problems Faced by NHRC in its
Effective Functioning
19.1 NHRC, India was established in 1993, in consonance with the Paris
Principles for National Human Rights Institutions (NHRIs). The Principles,
drafted at an International Workshop in Paris in 1991 and adopted by the
United Nations General Assembly Resolution 48/134 in 1993, are a set of
international standards to guide the work of NHRIs.
19.2 The Principles envisage a National Institution with a broad and wide
ranging mandate with the competence to protect and promote human rights,
including the mandate to examine legislation and administrative provisions and
recommend adoption of new legislation as well as amendment of legislation
in existence. The Principles also require that an NHRI appoints its members
in a manner that guarantees the pluralist representation of various sections
of society. Most importantly, an NHRI must have infrastructure, particularly
adequate funding, which can enable it to fulfil its mandate and conduct its
activities without hindrance. The purpose of this funding should be to enable
the NHRI to have its own staff and premises, be independent of the Government
and not be subject to financial control which might affect its independence.
19.3 The problems faced by NHRC in its effective functioning may be seen
from the above background and international requirements for National
Human Rights Institution.

263
19.4 The scope of activities being undertaken by the Commission is expanding

every year. This is applicable not only to its quasi-judicial function, where the
number of complaints being handled is increasing, but also to the large number
of issues falling under the category of civil and political as well as economic,
social and cultural rights, which are being addressed by the Commission.
19.5 In this background, the effective functioning of the Commission is faced

with constraints which are legal, administrative as well as financial in nature.
These constraints severely handicap the Commission in dealing with human
rights violations which are, at times, demanding more powers in the hands
of the Commission to deal with the situation. This includes powers which
are necessary to obtain better compliance from the State Governments and
authorities.
Legal Constraints
19.6 As per the Section 18 of the Protection of Human Rights Act, 1993, the
Commission may only recommend to the concerned Government or authority
the steps listed in the said Section and not give any directions, where the
inquiry discloses the commission of violation of human rights or negligence
in the prevention of violation of human rights or abetment thereof by a public
servant.
19.7 Though Commission is of a firm view that the recommendations are

binding on the Government, until same remain unchallenged, but there is a
contrary view expressed by certain quarters that the recommendation of the
Commission have no binding force. The stand of the Commission about the
binding nature of its recommendations has been affirmed by the Allahabad High
Court in Writ (C) No. 15570 of 2016 in which the Government of Uttar Pradesh
instead of making the payment of monetary compensation of Rs. 2,00,000/- to
the next-of-kin of deceased, who had died in custody due to lack of proper and

264
timely medical care, challenged the Commission’s recommendations, in Case
Chapter - 19
No. 16187/24/57/2012-JCD for the said payment of monetary compensation.
The High Court dismissed the Writ Petition and observed that “the State
Government is at liberty to challenge the order of the Commission on merits
since no appeal is provided by the Act. But it cannot in the absence of the order
being set aside, modified or reviewed, disregard the order at its own discretion.
While a challenge to the order of the Commission is available in exercise of
the power of judicial review, the State Government subject to this right is duty
bound to comply with the order. Otherwise, the purpose of the enacting the
legislation would be defeated.”
19.8 Given the legal position referred to above, it is necessary to make suitable
amendment in the PHRA, 1993 for incorporation of an express provision
regarding binding nature of the recommendations made by the Commission.
19.9 The Section 19 of the Protection of Human Rights Act, 1993 lays down a
separate procedure with respect to Armed Forces. This Section provides that
while dealing with complaints of violation of human rights by members of the
Armed Forces, the Commission may either on its own motion or on a receipt of
petition seek a report from the Central Government. After receipt of the report,
the Commission may either not proceed with the complaint or as the case may
be, make its recommendations to that Government.
19.10 The National Human Rights Commission has been seeking complete
documents along with the Report submitted by the Central Government under
Section 19 of the Act. However, Government of India has been denying these
documents. Since inception of the Act, the Ministry of Home Affairs invariably
takes the stand that Section 19 of the Act imposes a restriction on the inquiry
procedure when it comes to an inquiry involving armed force personnel
and therefore what the Commission can ask for is a report from the Central
Government and after receiving the report it may either may not proceed

265
with the complaint or may make appropriate recommendation to the Central

Government. The Ministry of Home Affairs, Government of India, also relied
upon a clarification to this effect issued by the Ministry of Law and Justice,
Department of Legal Affairs dated 12.07.2013 to support their stand.
19.11 As a matter of record, the interpretation of Section 19 of the Act by the

Ministry of Home Affairs is troubling the Commission since its inception. The
Commission had earlier filed Writ Petition No. 335/1999 before this Hon’ble
Court putting up broad interpretation of Section 19. This petition later on was
permitted to be withdrawn vide order dated 22.09.2000 (2002(10) SCC 476)
as the Commission had submitted a proposal to the Central Government for
amendment of Section 19 of the Act. Unfortunately, the proposal for amendment
of Section 19 of the Act was not incorporated by the Government.
19.12 The Commission, with its past experience in relation to the complaints
against the armed forces, is of the clear opinion that there is no justification in
giving immunity to the armed forces personnel from an independent inquiry
by the Commission. There is no justification in carving out an exception in
relation to the armed forces as no distinction can be carved out between an
extra judicial killing by police personnel or armed force personnel. Section 19
is therefore required to be read down or to be liberally read/construed so to
include an independent inquiry by the Commission, if the case so require.
19.13 The lack of clarity regarding the jurisdiction of the Human Rights Courts
to be set up under Section 30 of the PHR Act, 1993 also contributes to the lack
of implementation of this provision in the Act. Very few Human Rights Courts
have been set up in the States and those which have been set up suffer from
lack of clarity regarding their jurisdiction affecting the overall functioning of
this arm of the human rights legal infrastructure. As a result, there is more
burden of cases shared by the National Human Rights Commission.

266
19.14 Public officials/authorities quite often than not deliberately fail to submit/
Chapter - 19
send a public record/report/order required by the Commission in an inquiry
or send it late probably for the reason that the orders/recommendations of the
Commission do not have a binding force. This adversely affects the efficiency of
the working of the Commission as far as inquiry into cases is concerned or at
least delays the action on the part of the Commission.
19.15 Powers are therefore required by the Commission to issue bailable

warrants and to impose costs/penalties in case of non-submission of reports/
non-appearance by authorities (on the lines of similar powers possessed by
the Central Information Commission). These powers would be helpful towards
increasing the efficiency of the Commission. Currently, it is limited to issuing
summons under Section 13 of the PHR Act. The Government of India may,
therefore, consider suitable amendment in the PHRA, 1993 to confer these
powers to the NHRC to enable it to achieve the objective for which it has been
established.
Manpower Constraints
19.16 Since the creation of the National Human Rights Commission in 1993-
1994, the number of cases of human rights violations registered have increased
manifold over the years. Additionally, there has been also a tremendous
expansion in the activities of the Commission pertaining to areas other than
its quasi-judicial mandate. The Commission is not only taking up matters of
human rights violations by police/prison authorities and bonded labour but
also intervening in a large number of economic, social and cultural rights.
19.17 Presently, the Commission has sanctioned the strength of 331 officers
and staff, out of which, the present strength is 288. In spite of several attempts
by publishing various posts in leading English Newspapers, Employment News,
in the Website of NHRC and wide circulation of the posts to various Ministries,

267
the Commission has not been able to get suitable officers and staff for several
posts. Since its inception, the Commission has never had the full sanctioned
strength as compared to the available strength. As a result, it is compelled to
engage retired Government officers and officers as Consultants on contract on
short term basis. Shortage of experienced investigating officers required to
be provided by the Government as per Section 11 (1) (b) of the Protection of
Human Rights Act, 1993 is another area needing addressal. Early finalization
of draft Recruitment Rules sent to Government of India would be helpful in this
area. The Commission also requires creation of various posts for effectively and
efficiently discharging its mandate.
19.18 Many of the vacant posts, especially at the senior level of Member,
Director General (Investigations) remained to be filled by the Government,
which placed undue burden on the in-position Members and officers of the
Commission. The efficiency of the Commission could be enhanced with early
filling up of the vacant positions.
Financial Constraints
19.19 As per Section 32(2) of the PHR Act, 1993, the Commission may spend
such sums as it thinks fit for performing the functions under this Act and such
sums shall be treated as expenditure payable out of the grants to be paid to
the Commission under Section 32(1). While financial independence has been
granted through these provisions, the Commission has been placed under
limitations with regard to (i) foreign travel; (ii) purchase of vehicles; and (iii)
creation of posts through an executive order dated 10 January 1995. There is
need to re-look at the contents of this order as restrictions on foreign travel
sometimes, severely affect NHRC’s participation in international events having
human rights significance.


268
Chapter - 20
Summary of Principal
Recommendations and Observations
20.1 During 2015-2016, the Commission focussed its attention on a wide
range of activities in accord with the various functions prescribed under
Section 12 of the PHRA. It took suo motu cognizance of media reports as well as
on the basis of complaints about occurrences hinting towards use of excessive
force by police personnel in different parts of the country resulting in loss of
many lives; rape and death in police and judicial custody; violation of human
rights of prisoners in jails; illegal detention and torture; deaths in encounter;
deaths due to electrocution; delay in payment of pension to retired employees;
lack of educational facilities and basic amenities like drinking water, toilet,
safe building and infrastructure in schools; children falling ill after consuming
mid-day meals in schools; dubious functioning of IVF clinics; sexual assault,
rape and trafficking of children and women; killing of persons on allegations of
practicing witchcraft; suicide by farmers; enticing children for begging; stray
dog menace; pesticides in vegetables and fruits; botched up cataract surgery;
separate anganwadis for children of dalits; poor facilities in Primary Health
Centres resulting in death of new born babies; increasing incidents of missing
children; and atrocities against vulnerable sections like the Scheduled Castes,
Scheduled Tribes, Minorities, Other Backward Classes, children, women,
disabled and the elderly. In all these, apart from making important interventions

269
by way of issuing directives to the concerned State Governments and sending

its own team from the Investigation Division for conducting spot inquiries,
the Commission also recommended payment of monetary relief to the victims
whose rights were violated or their next-of-kin along with furnishing of proof
of payments it recommended (para 1.6).
20.2 It held Camp Sittings and Open Hearings in the States of Andhra Pradesh,
Telangana and Puducherry; explored areas of cooperation and coordination
between NHRC and State Human Rights Commissions for protecting and
promoting human rights; dealt with the issue of leprosy; rescue, release and
rehabilitation of bonded and child labourers; right to health care including
mental health care; right to food; right to education; sexual and reproductive
health and well being; and concentrated on issues forming part of the second
cycle of the universal periodic review of India undertaken in 2012 by the United
Nations Human Rights Council which had the concurrence of the Government of
India. All this, the NHRC felt would facilitate in preparing its independent report
for the third cycle of the periodic review that is to take place in 2017. In addition,
the NHRC continued to spread human rights literacy among various sections of
society including key stakeholders like the judicial officers, police personnel,
government officials, media persons, representatives of non-governmental
and civil society organizations, and university and college students through
its training and internship programmes, publications, seminars, workshops,
consultations and other available means (para 1.7).
Number and Nature of Complaints
20.3 The Commission continued to receive complaints in large numbers from

different parts of the country on a wide range of issues where rights of the
people were allegedly violated or negligence shown by the public servants in
the prevention of such violations. These complaints by and large included cases

270
alleging custodial deaths, torture, fake encounters, police high-handedness,
Chapter - 20
violations committed by security forces, conditions relating to prisons,
atrocities committed on women and children and other vulnerable sections
like the Scheduled Castes, the Scheduled Tribes and the Minorities, communal
violence, bonded and child labour, non-payment of retiral benefits, negligence
by public authorities, etc. The Commission further took cognizance of the
intimations received regarding deaths in police encounters and police custody,
judicial custody and in the custody of defence/para military forces. Suo motu
cognizance of many incidents based on reports in the print and electronic media
was taken including those cases which came to the notice of the Chairperson,
Members, Special Rapporteurs and senior officers of the Commission during
their visits to different parts of the country (para 2.21).
Human Rights Violation Cases
20.4 A total of 1,17,808 cases were registered in the Commission

(Annexure-1) during 2015-2016. It disposed of 1,18,254 cases which included
cases of previous years as well. Of the total number of cases disposed of by the
Commission during the year under review, 65,220 were dismissed ‘in limine’
while 15,975 were disposed of with directions to the appropriate authorities
for remedial measures. In all, 24,622 cases were transferred to the State Human
Rights Commissions for disposal in accordance with the provisions of the PHRA.
For details of State and Union Territory-wise cases disposed of by the NHRC
during 2015-2016, see Annexure-2. At the end of the reporting period, that is,
on 31 March 2016, the total number of cases pending with the Commission was
40,766. These covered 2,001 cases awaiting preliminary consideration and
38,765 cases pending either for want of reports from the authorities concerned
or the reports received being pending for consideration by the Commission
(Annexure-3) (para 2.22).

271
Preventing Custodial Violence
20.5 The NHRC received 1,670 intimations concerning death in judicial

custody, and 152 intimations of death in police custody during the year 2015-
2016. No deaths in para-military / defence forces custody was reported during
the review period. It disposed of 1,193 cases of custodial death – 1,064 cases
of death in judicial custody, 129 cases of death in police custody and one case
of death in the custody of para-military forces. These figures contain cases of
previous years as well (para 2.24).
NHRC Recommendations for Monetary Relief and its Compliance
20.6 During the period, the Commission recommended Rs. 6,05,60,000 as

payment of monetary relief/ compensation to the victims/next of kin of the
deceased in 332 cases. Out of the 332 cases in which monetary relief was
recommended, compliance reports were received only in 33 cases, wherein a
total amount of Rs. 50,55,000 was paid to the victims/next of kin of the deceased.
The State and Union Territory-wise details of these cases are at Annexure-4
(para 2.25).
20.7 As on 31 March 2016, compliance reports were awaited in 299 cases

wherein monetary relief amounting to Rs. 5,55,05,000/- was recommended
during the year. Out of these cases, the Commission’s recommendations to
the Railway Board in Case No. 984/34/15/08-09 (mentioned at Sl. No. 94 of
Annexure-5), for payment of Rs. 5,00,000/- (Rupees Five Lakhs only) to Ms.
Sangeeta Devi, widow of the deceased Shri Sanjay Kumar Aggarwal, has been
challenged by the Union of India through Assistant Security Commissioner
Prosecution, East Central Railway by filing of a Writ Petition (Civil) No.
5974/2015, in the High Court of Ranchi. The matter is pending in the High
Court. Further, the Government of Madhya Pradesh and the Government of
Maharashtra have conveyed their reluctance for compliance of the Commission’s

272
recommendations for payment of monetary relief to the victims or next-of-kin
Chapter - 20
of the deceased victim, in Case Nos. 2214/12/28/2013 and 2838/13/28/2012
respectively (see Sl. Nos. 105 and 115 of Annexure-5). In response, the
Commission has observed that it is now for the aggrieved persons to resort
to legal action for compliance of these recommendations and have closed the
cases (para 2.26).
20.8 Apart from the recommendations for monetary relief, the Commission
also recommended disciplinary/ departmental action against the errant public
servants in 30 cases. The Commission’s recommendations for disciplinary
action against the errant police officials, in Case No.5888/7/5/2015, regarding
custodial torture and false implication of Smt. Nisha Singh, Councilor, Ward30,
Gurgaon, Haryana, has been challenged by Rani Devi, the wife of the police
official by filing Civil Writ Petition No.24079/2016 before the Punjab &
Haryana High Court, Chandigarh. The remaining 29 cases have been closed
by the Commission, on receipt of compliance reports. The Commission, once
again, recommends to all those States/Union Territories, in particular the
Government of Uttar Pradesh, to take speedy action on cases pending with
them for compliance so that the monetary relief recommended in each case is
immediately given to the victim/next of their kin. As is evident from the given
Annexure, during 2015-2016, a total of 94 cases were found to be pending with
the Government of Uttar Pradesh, 19 with the Government of Odisha and 17
cases each with the Delhi and Jharkhand for compliance in which an amount
of Rs. 1,31,45,000, 30,60,000, 22,30,000 and 60,30,000 respectively was
recommended by the Commission as monetary relief. Bihar (16 / 23,45,000),
Madhya Pradesh (14 / 22,70,000), Haryana (13 /29,25,000), Chhatisgarh (12 /
18,60,000), Rajasthan (12 / 14,45,000), Maharashtra (10/35,00,000) Manipur
(10/ 61.00.000), West Bengal (9 / 18,75,000) and Telengana (8/ 16,00,000),
Andhra Pradesh (7/8,30,000), Tamilnadu (6/9,25,000), Gujarat (5/11,25,000),
Punjab (5/7,25,000), Uttarakhand (5/4,35,000), Tripura (4/1,30,000), Assam
(3/4,50,000) Karnataka (3/2,50,000), Pondacherry (3/8,00,000), Himachal
Pradesh (2/2,00,000), Kerala (2/1,50,000), Arunachal Pradesh (1/1,00,000),

273
Jammu & Kashmir (1/5,00,000), Meghalya (1/5,00,000) were the other States
in descending order where the compliance is pending (para 2.27).
20.9 With regard to compliance reports relating to cases pertaining to

previous years, compliance was awaited in 138 (66+72) cases, for details see
Annexures - 6 & 7 (para 2.28).
20.10 Annexure-6 gives details of cases pending compliance for the year
2014-2015 in respect of payment of monetary relief. As is apparent, the State
of Uttar Pradesh tops the list again as the Commission till date has not received
proof of payment in 24 cases, most of which relate to civil and political rights.
Other States, which had yet to forward their compliance reports in this respect
were – Bihar (6), Rajasthan (6), NCT of Delhi (5), Odisha (5), Kerala (3), West
Bengal (3), Chhatisgarh (2), Gujarat (2), Jharkhand (2), Madhya Pradesh (2),
Maharashtra (2), Andhra Pradesh (1), Assam (1), Tamil Nadu (1), Telangna
(1), All the cases pertaining to these States primarily relate to civil and political
rights except for a few that address concerns of sexual harassment of women
including by army/paramilitary personnel, indignity to women, irregularities/
malfunctioning in primary health centres and government hospitals, abduction/
rape including of a scheduled caste/scheduled tribe/other backward class
woman, and non-payment of pension. The details of these cases have been
reported in earlier Annual Reports of NHRC. The Commission once again calls
upon all the aforementioned State Governments to take immediate steps for
sending their compliance reports to the Commission and simultaneously take
comprehensive steps for protection and promotion of civil, political, economic,
social and cultural rights, along with special measures to prevent acts of
violence and discrimination towards women, including those belonging to the
scheduled castes, scheduled tribes and other backward classes (para 2.29).
20.11 Annexure-7 gives details of cases pending compliance on the

recommendations made by the Commission for the period 1998-1999 to 2013-
2014 for payment of monetary relief, disciplinary action and prosecution. It
would be seen that out of the 72 cases cited in the specified Annexure, in four

274
cases the concerned State Governments have challenged the recommendations
Chapter - 20
of the Commission in their respective High Courts, and in most of these
cases, the final decision is awaited. These States are Jammu and Kashmir (2),
Odisha (1) and Kerala (1). The Commission makes an ardent appeal to these
Governments to expedite the cases pending in their respective High Courts. It
believes that the Governments of other States listed in Annexure-7 will adhere
to the recommendations made by the Commission and provide immediate
respite to the victims/next of their kin at the earliest (para 2.30).
Analysis of Prison Population
20.12 The Commission has been deeply concerned about the pitiable condition
of prisons and other detention facilities which are plagued with problems like
severe overcrowding (para 4.134).
20.13 On analyzing the National Crime Records Bureau (NCRB) data for
the year 2015, the problem of overcrowding was observed in large number
of States. The highest number of 88,747 inmates (85,214 males and 3,533
females) were reported from the State of Uttar Pradesh followed by the States
of Madhya Pradesh 38,458 (37,136 males and 1,322 females), Maharashtra
29,657 (28,321 males and 1,336 females), Bihar 28,418 (27,527 males and 891
females) and Punjab 23,645 (22,510 males and 1,135 females) at the end of the
year (para 4.135).
20.14 It was observed that the main reason for overcrowding is the
increasing number of undertrial prisoners day-by-day and the period for
which they languish in jails is also a very long one. In few cases, it was found
that the undertrials were in judicial custody for years, which is far beyond
the punishment prescribed for any offence under the penal law. The data
collected further shows that States like Uttar Pradesh (62,669) followed by
Bihar (23,424), Maharashtra (21,667), Madhya Pradesh (21,300), West Bengal

275
(15,342), Rajasthan (14,225), Jharkhand (13,588), Punjab (13,046), Odisha

(12,584), Delhi (10,879) and Haryana (10,489) have the highest percentage of
undertrials (para 4.136).
20.15 Comparative analysis of the prison statistics data indicates the continuing
need for all the States to take serious steps to control overcrowding. To reduce
overcrowding, provisions stated in the statutes (in terms of parole, bail,
furlough, short leave and appeal petitions, etc.) should be exercised liberally
by the concerned officers in the jails. Jail Committees may also be constituted,
having representatives from the inmates, to assist the jail authorities in the
completion of such processes (para 4.137).
Silicosis
20.16 The NHRC had organized a one-day National Conference on Silicosis in

New Delhi on 25 July 2014. Based on the deliberations held in the three plenary
sessions, 20 recommendations emanated from the National Conference. These
recommendations were reported in the NHRC Annual Report 2014-2015 under
Chapter 6 “Right to Health”. These recommendations were forwarded to the
Chief Ministers of all the States and Union Territories in October 2014 by the
then Chairperson of the Commission with the request that these be taken up on
priority by the respective Governments for implementation and the Commission
be informed of the action taken. They were followed by a reminder to the Chief
Secretary of all the States and Union Territories who had not sent their action
taken report in the matter. The States and Union Territories who had forwarded
their action taken reports to the Commission are Assam, Chhattisgarh, Daman &
Diu, Gujarat, Goa, Himachal Pradesh, Haryana, Jharkhand, Maharashtra, Madhya
Pradesh, Manipur, Nagaland, Puducherry, Tripura and West Bengal. The Chief
Secretaries of the remaining States and Union Territories were again reminded
on 24 February 2016 to send their action taken reports to the Commission at

276
the earliest so that medical facilities and rehabilitation services are provided to
Chapter - 20
the afflicted workers and their families (paras 6.4 & 6.5) .
NHRC Western Region Public Hearing on Right to Health Care
organized by the NHRC in collaboration with the Union Ministry of Health and
Family Welfare, Government of India; Public Health Resource Society, New
Delhi and Jan Swasthya Abhiyan, a civil society network in Mumbai on 6 and 7
January 2016. The Regional Hearing covered the States of Gujarat, Maharashtra
and Rajasthan. The main objective of the Western Region Public Hearing
was to make an assessment of human rights violations in public health care
services and draw the attention towards key systemic and policy issues, and in
the process come up with requisite recommendations ensuring protection of
health rights of the people. (paras 6.9 & 6.10)
20.18 On the first day of the Regional Public Hearing, out of 106 cases, the
Commission took up 88 cases (Maharashtra – 38, Gujarat – 30 and Rajasthan
– 20) in three separate Benches. Eighteen cases from the State of Maharashtra
could not be taken up due to paucity of time. The Commission recommended
compensation to the tune of Rs. 4,25,000/- (Rupees Four Lakhs and Twenty-
five Thousand only) in five cases. These included cases of amputation of limb
because of medical negligence and delay in treatment; mental agony and
trauma faced by a woman and child because of wrong HIV report; and taking
of a patient to a private hospital by an Ambulance Doctor without consent on
account of absence of PHC Doctor. Show cause notices were issued in three
cases to the Government of Rajasthan as to why compensation should not be
recommended to be paid to the victim or their next-of-kin. The Commission
further directed the State Governments to conduct detailed enquiries in a
number of cases (paras 6.12 & 6.13).

277
20.19 On the second day, case studies and presentations on a range of

systemic issues were made by the representatives of non-governmental and
civil society organizations before the Commission and the State officials. The
recommendations emanating out of the deliberations that took place on the
second day of the Hearing were later finalized by the Commission with the
direction that these be collated State-wise and forwarded to the concerned
State Government for necessary action at their end. These recommendations
are at Annexures 8, 9, and 10. So far there has been no response from the
concerned State Governments. The Commission once again requests to the
State Governments of Gujarat, Maharashtra and Rajasthan to comply with its
recommendations so that the health rights of people are taken care of (para
6.14).
Right to Education
20.20 Six years on from its entry into force, there is still significant debate
about the parameters through which that promise is supposed to be realized.
Despite significant gains in increasing access to schooling, there are still major
glitches in the implementation of the RTE by States especially with regard to
basic infrastructure requirements like proper classrooms, toilets and boundary
walls for schools; availability of drinking water; having trained teachers in
place; filling up of vacant posts of teachers; and pupil-teacher ratio (para 8.1).
20.21 There are still habitations that do not have a school within three
kilometers including slums. RTE is illusory for many children from tribal and
minority communities and in conflict zones. Furthermore, all States do not
have the Commissions for Protection of Child Rights needed to monitor the
implementation of the RTE. Much of the narrative around the RTE continues
to focus on the 25% reservation of seats for children from disadvantaged
background in private schools. It is important to recognize that as a large

278
majority of students in India study in Government schools or Government
Chapter - 20
aided schools, it is fundamental to improve the implementation of the RTE
in terms of infrastructure, teacher quality and targeted learning for children
from disadvantaged groups so as to build up a more equitable system. Even
now, a significant number of children drop out before completing five years of
primary school and a large percentage before finishing upper primary school.
These drop-out trends raise troubling questions about equity for there is a
huge difference between urban and rural education and the education received
by the rich and the poor (para 8.2).
Rights of Women and Children
20.22 Equitable, continuous and broad based investment in women and

children can level the playing field by providing every woman and child with
the same opportunities for survival, development, protection, participation
and empowerment. Inadequate investment, especially in the most vulnerable
and marginalized, can perpetuate the inter-generational transmission of
poverty and inequality, leading to irreversible negative impact on their all-
round development. In fact, responsive budgeting will ensure that human
rights principles and standards of universality, indivisibility, accountability,
transparency and the rule of law of women and children are upheld (para
10.2).
Rights of Elderly
20.23 Compared to other developing countries, India is considered to be a

young nation. However, a countervailing force may offset some of the gains from
having a relatively young population, and that is the rapid ageing at the top end
of the scale. This is a cause of deep concern as India already has the world’s
second largest population of the elderly, defined as those above 60 years of age.

279
With changing socio-economic scenario coupled with the emerging trend of

nuclear families, the lives of the elderly is further changing and they are likely
to become more vulnerable in years to come. The challenge is to ensure that
they are able to lead secure, healthy and comfortable lives (para 11.4).
20.24 With the steady increase in number of the elderly, the rate of human
rights violations especially crimes against them are also increasing. Moreover,
a vast majority of elderly persons, being illiterate are ignorant of their human
rights due to which they face serious discrimination. All this has definitely
affected their way of life and sense of well-being (para 11.5).
Directions Given by Supreme Court on NHRC Petition to Improve

Functioning of Mental Health Care Institutions
20.25 The Commission on 27 February 2013 once again sought the intervention
of the Supreme Court (vide Petition No. CRLMP.NO.8032/2013 in W.P. (Crl.) No.
1900 of 1981, Dr. Upendra Baxi vs. State of U.P. & Ors. and National Human Rights
Commission) on 13 imperative issues with the objective of seeking suitable
directions for the Central and State Governments so that remedial action is
taken to improve the existing situation of mental health care institutions in the
country (para 12.7) .
20.26 Pursuant to the petition filed by the NHRC, the Supreme Court directed
the Union Ministry of Health and all the State Governments to file their status
report through the Health Secretary, including the extent of implementation of
National and District Mental Health Programme, funds received and utilized on
these programmes. The Union Ministry submitted detailed information on all
the 13 issues along with the schemes being implemented in the area of mental
health care, that is, the District Mental Health Care Programme (DMHP) and
the manpower development components under the National Mental Health
Programme (NMHP) consisting of establishment of centres of excellence,

280
and setting up/strengthening of post-graduate training departments of
Chapter - 20
mental health specialties. It also furnished information concerning the funds
disbursed to the States and the amount spent by them in this regard. The Union
Government disclosed that the States did not spend all the disbursed funds nor
were they submitting utilization certificates of the funds used by them or the
progress reports to the Centre at regular intervals. The Union Ministry prayed
that suitable directions be given to the States and Union Territories to file
their status report on the concerns highlighted by NHRC as well as the extent
of implementation of National and District Mental Health Programmes (para
12.8).
20.27 In response to this, the Supreme Court directed the States to file a counter-
affidavit giving full details of the funds earmarked to them, amount utilized and
the reason(s) for non-utilization or partial utilization of the released funds. The
Supreme Court moreover directed the States to enumerate the present living
condition of mentally ill persons in mental health care hospitals and the steps
taken to improve their living conditions along with the status of implementation
of the DMHP. Accordingly, responses were received from the State Governments
and the information shared was brought to the notice of the Supreme Court
(para 12.9).
20.28 In order to verify the facts submitted by the State Governments in their
respective affidavits to the Supreme Court, the Commission requested its
Special Rapporteurs to visit Government run mental health care institutions
in the States being monitored by them including their respective Departments
followed by a detailed report. This step, the Commission felt, would facilitate
in seeking proper directions from the Supreme Court. The Commission thus
evolved a set of detailed questionnaire and placed the same before the Supreme
Court through its Counsel. The said questionnaire was further vetted and sent
to all the concerned authorities in the respective States and Union Territories

281
for purposes of obtaining information. The Supreme Court directed the States
to file the responses to these questionnaires in the form of an affidavit and
the State Counsels were asked to facilitate this process. The same set of
questionnaire was used by the Special Rapporteurs (para 12.10).
20.29 In March 2015, the Commission constituted a four Member Technical

Committee on Mental Health having a representative each of National Institute
of Mental Health and Neuro Sciences, Bangalore; Institute of Mental Health
and Hospital, Agra; Institute of Human Behaviour and Allied Sciences, Delhi;
and National Human Rights Commission. The main objective of constituting
this Technical Committee was to know the existing state of mental health care
infrastructure in the country on the basis of information provided by the Union
and State Governments, especially in response to the NHRC questionnaires and
facilitate the Supreme Court in giving directions for addressing the inherent
gaps and inadequacies (para 12.11).
20.30 On 9 April 2015, the Supreme Court too directed that the Technical
Committee constituted by the NHRC shall verify all the data given by the States
and Union Territories and forward the report to it. Furthermore, the Ministry
of Health in the Government of India shall constitute a Committee headed by
the Joint Secretary, who in turn, shall in association with the Health Secretaries
of the respective State/Director Health Services of the Union Territories along
with the Member Secretary of State Human Rights Commission and State
Legal Services Authority, including two eminent Doctors of each State/Union
Territory, shall make physical verification of the actual state of affairs existing
in different institutions situated in the respective States/Union Territories. The
said Committee shall finally prepare an exhaustive report and submit it to the
Apex Court within three months. And, that this order be communicated to all
concerned who would be part of the Committee, the Supreme Court reiterated.
In addition, the Court directed that States/Union Territories, who had not filed

282
their respective affidavits, should submit the same within four weeks, failing
Chapter - 20
which the Chief Secretary/Administrator of that State/Union Territory will
have to appear in person and explain the reasons for non-filing of the affidavit
(para 12.12).
20.31 The four-Member Technical Committee of the Commission submitted

its Final Report on Mental Health in two volumes in February 2016. The said
Technical Committee Report was also placed before the Supreme Court. The
Court appreciated the work of the Technical Committee and stated that it had
gone through the suggestions/recommendations made by it and directed the
Central Government to respond to the same within six weeks and the State
Governments were also directed to give their response/inputs on the Report so
that the work of the Committee is not wasted (para 12.13).
20.32 Prior to submission of the Final Report by the NHRC Technical

Committee, the Inspection Committee constituted by the Government of India
on the directions given by the Supreme Court, submitted its Final Report to the
Court in September 2015. Pending directions of the Supreme Court, it would be
best for the NHRC and the Ministry of Health, Government of India to join hands
and chalk out the future course of action along with the State Governments
to improve the overall functioning of mental health institutions in the country
(paras 12.14 & 12.17).
National Conference on Leprosy
20.33 The NHRC organized a National Conference on Leprosy in New Delhi on

17 April 2015. The main objectives of the Conference were to: (i) follow up of the
suggestions/recommendations of National Conference on Leprosy organized
by National Human Rights Commission on 18 September 2012; and (ii) address
issues of concerns related to Leprosy and suggest appropriate strategies to
deal with them. Based on the deliberations held in the Conference, a number of

283
constructive recommendations were made which were forwarded to the Chief

Secretaries of all the States and Union Territories for implementation and action
taken report. The Commission has received action taken report from States and
Union Territories of Andaman & Nicobar, Assam, Dadra & Nagar Haveli, Delhi,
Goa, Gujarat, Haryana, Karnataka, Madhya Pradesh, Nagaland, Odisha, Sikkim,
Telangana, Tripura and West Bengal. The Commission requests all those who
have not forwarded their action taken reports to expedite sending the same
(paras 12.18 & 12.22).
Meeting of State Health Secretaries on Mental Health Care
20.34 A one-day Meeting of the State Health Secretaries was organized by the
NHRC in New Delhi on 4 September 2015. The main objectives of the meeting
were to (i) discuss ways for better implementation of the National Mental Health
Programme (NMHP), especially the District Mental Health Programme (DMHP),
infrastructure and manpower development in the States/Union Territories; (ii)
discuss ways for better utilization of funds allocated by Government of India for
various components of NMHP; (iii) sharing of good practices on mental health
care including rehabilitation in States/Union Territories; and (iv) discuss ways
for proper rehabilitation of cured patients in the community (para 12.23).
20.35 The recommendations which emanated out of this meeting were

forwarded to all the Health Secretaries for compliance. The Commission urges
all the State Governments and Union Territory Administrations to forward
their action taken reports at the earliest (para 12.26).
State Human Rights Commissions
20.36 The National Human Rights Commission has been continuously pursuing
with the Government of India for the setting up of the State Human Rights
Commissions in every State so that human rights protection is easily accessible

284
to every citizen in the country. It has also proposed to the Government of India
Chapter - 20
for an amendment in the PHRA for constitution of Human Rights Commissions
in the Union Territories (para 16.4).
20.37 The Commission has taken up with the Ministry of Home Affairs,
Government of India, issues of concern like having a basic structure, minimum
manpower and financial requirement for smooth functioning of State Human
Rights Commissions (SHRCs) including streamlining of complaint disposal. In
response, the Government of India requested the NHRC to forward details of
each SHRC with regard to complaints registered, disposed off, pending, division-
wise manpower, financial allocation, kind of shortage being experienced and
justification for enhancing the same. The factual information, as received from
different SHRCs, by the NHRC was collated and forwarded to the Ministry
on 23 March 2015 along with the request to take required action on the
recommendations made by the NHRC constituted “Justice Shri G. P. Mathur
Committee on SHRCs” in 2011. As there was no response, the Human Rights
Division of the Ministry of Home Affairs, Government of India was reminded
to communicate the status of action in the matter. At the time of writing of this
Annual Report, the Ministry was reminded again. The NHRC is optimistic that
the Ministry of Home Affairs will give due weightage to the functioning of the
SHRCs so that the rationale of PHRA for better protection of human rights and
for matters connected therewith or incidental thereto is fulfiled (para 16.5).


285
Annexures
ANNEXURES

287
Annexure – 1 Para 2.22

STATEMENT SHOWING NUMBER OF CASES REGISTERED FROM
01/04/2015 TO 31/03/2016
Intimations Received about
Custodial Deaths/Rapes Intima-
Suo- Defence/ tions
Name of the
Com- Motu Police Judicial Para- Received Grand
State/
plaints Cogni- Custodial Custodial Military about En- Total
Union Territory
zance Deaths/ Deaths/ Custodial counter
Rapes Rapes Deaths/ Deaths
Rapes
All India 416 0 0 0 0 0 416
Andhra Pradesh 1280 3 6 41 0 5 1335
Arunachal
29 0 3 3 0 3 38
Pradesh
Assam 284 1 9 22 1 49 366
Bihar 4019 5 8 106 0 3 4141
Goa 66 0 1 2 0 0 69
Gujarat 1393 3 10 39 0 0 1445
Haryana 11518 8 6 65 0 9 11606
Himachal
216 0 0 7 0 0 223
Pradesh
Jammu &
209 0 0 2 0 2 213
Kashmir
Karnataka 958 5 4 11 0 1 979
Kerala 942 2 5 49 0 0 998
Madhya Pradesh 2808 16 7 135 0 3 2969
Maharashtra 2867 6 24 115 0 3 3015
Manipur 66 0 0 1 0 9 76
Meghalaya 29 0 4 4 0 16 53
Mizoram 13 1 2 4 0 0 20
Nagaland 8 0 0 0 0 0 8

289
Intimations Received about

Custodial Deaths/Rapes Intima-
Suo- Defence/ tions
Name of the
Com- Motu Police Judicial Para- Received Grand
State/
plaints Cogni- Custodial Custodial Military about En- Total
Union Territory
zance Deaths/ Deaths/ Custodial counter
Rapes Rapes Deaths/ Deaths
Rapes
Orissa 16215 4 6 45 0 8 16278
Punjab 1249 1 3 180 0 2 1435
Rajasthan 3169 7 5 82 0 0 3263
Sikkim 10 0 0 1 0 0 11
Tamil Nadu 3054 15 4 64 0 1 3138
Tripura 49 0 2 3 0 0 54
Uttar Pradesh 49323 28 15 350 0 5 49721
West bengal 1995 2 10 105 0 15 2127
Andaman &
30 0 1 1 0 0 32
Nicobar
Chandigarh 200 0 0 6 0 0 206
Dadra & Nagar
8 0 0 0 0 0 8
Haveli
Daman & Diu 22 0 0 0 0 0 22
Delhi 7533 37 3 51 0 2 7626
Lakshadweep 9 0 0 0 0 0 9
Puducherry 122 0 1 0 0 0 123
Chhattisgarh 704 4 3 61 0 50 822
Jharkhand 1573 11 5 64 0 17 1670
Uttarakhand 1799 2 1 19 0 0 1821
Telangana 1052 1 4 32 0 3 1092
Foreign
379 1 0 0 0 0 380
Countries
Grand total 115616 163 152 1670 1 206 117808

290

STATEMENT SHOWING DISPOSAL OF CASES DURING 2015-2016
Concluded after Receipts
Dis- of Reports
Name of the Dis-
posed Trans- Com- Intimation Grand
State/ missed Cus-
with ferred plaints/ Received Total
Union in todial
Direc- to SHRC’s Suo- about
Territory Limini Deaths/
tions Motu Encounter
Rapes
Cases Deaths
All India 386 18 0 0 0 0 404
Andhra Pradesh 785 116 209 147 48 1 1306
Arunachal
12 6 1 71 0 0 90
Pradesh
Assam 187 26 35 141 13 31 433
Bihar 2486 394 709 474 35 2 4100
Goa 44 11 4 7 1 0 67
Gujarat 875 87 286 222 39 1 1510
Haryana 9627 841 764 587 26 3 11848
Himachal
155 26 9 51 4 0 245
Pradesh
Jammu &
143 16 64 64 3 0 290
Kashmir
Karnataka 674 74 161 186 18 1 1114
Kerala 487 72 61 656 24 0 1300
Madhya
1875 236 469 420 145 6 3151
Pradesh
Maharashtra 1880 218 447 312 183 2 3042
Manipur 31 8 3 28 1 2 73
Meghalaya 18 3 0 7 1 5 34
Mizoram 6 3 0 4 1 0 14
Nagaland 1 3 0 3 1 0 8

291
Concluded after Receipts

Dis- of Reports
Name of the Dis-
posed Trans- Com- Intimation Grand
State/ missed Cus-
with ferred plaints/ Received Total
Union in todial
Direc- to SHRC’s Suo- about
Territory Limini Deaths/
tions Motu Encounter
Rapes
Cases Deaths
Orissa 3326 3822 9100 555 46 3 16852
Punjab 727 113 198 182 180 2 1402
Rajasthan 1967 274 374 475 31 4 3125
Sikkim 6 3 0 2 1 0 12
Tamil Nadu 2258 165 424 181 75 2 3105
Tripura 27 9 0 8 2 0 46
Uttar Pradesh 26453 7126 10601 4702 173 16 49071
West Bengal 1388 155 279 225 50 5 2102
Andaman &
21 3 0 1 1 0 26
Nicobar
Chandigarh 152 22 2 24 2 0 202
Dadra & Nagar
6 3 0 1 0 0 10
Haveli
Daman & Diu 16 3 0 2 0 0 21
Delhi 5536 1203 0 739 13 0 7491
Lakshadweep 6 0 0 6 0 0 12
Puducherry 80 22 0 29 1 0 132
Chhattisgarh 416 85 103 132 23 5 764
Jharkhand 937 193 231 230 16 5 1612
Uttarakhand 1214 411 77 163 9 2 1876
Telangana 695 147 11 89 27 6 975
Foreign
317 58 0 14 0 0 389
Countries
Grand Total 65220 15975 24622 11140 1193 104 118254

292

STATEMENT SHOWING NUMBER OF CASES PENDING AS ON 31/03/2016
Pendency of Cases where Re-
Cases Awaiting Preliminary Con-
ports have either been Received
sideration
Name of or Awaited from the Authorities
the State/ Com- Com- Grand
Union Ter- plaints/ Custo- Custo- En- Total
En- plaints/
ritory dial dial coun-
Suo- counter Total Suo- Total
Deaths/ Deaths/ ter
Motu Deaths Motu
Rapes Rapes Deaths
Cases Cases
All India 16 0 0 16 10 0 0 10 26
Andhra
52 0 0 52 539 167 15 721 773
Pradesh
Arunachal
2 0 0 2 34 22 16 72 74
Pradesh
Assam 7 0 0 7 258 75 284 617 624
Bihar 99 1 0 100 1518 365 12 1895 1995
Goa 2 0 0 2 20 5 0 25 27
Gujarat 64 0 0 64 509 152 2 663 727
Haryana 101 3 0 104 1556 162 16 1734 1838
Himachal
7 0 0 7 126 14 0 140 147
Pradesh
Jammu &
15 1 0 16 248 3 1 252 268
Kashmir
Karnataka 30 1 0 31 321 13 7 341 372
Kerala 21 2 0 23 518 109 0 627 650
Madhya
54 2 0 56 977 182 19 1178 1234
Pradesh
Maharashtra 134 4 0 138 781 303 34 1118 1256
Manipur 1 0 0 1 187 6 48 241 242
Meghalaya 0 0 0 0 74 18 54 146 146
Mizoram 0 0 0 0 16 11 0 27 27
Nagaland 0 0 0 0 27 12 0 39 39
Odisha 118 1 0 119 3102 107 23 3232 3351

293
Pendency of Cases where Re-

Cases Awaiting Preliminary Con-
ports have either been Received
sideration
Name of or Awaited from the Authorities
the State/ Com- Com- Grand
Union Ter- plaints/ Custo- En- plaints/
Custo- En- Total
ritory dial dial coun-
Suo- counter Total Suo- Total
Deaths/ Deaths/ ter
Motu Deaths Motu
Rapes Rapes Deaths
Cases Cases
Punjab 40 2 0 42 636 195 4 835 877
Rajasthan 81 3 0 84 1474 213 3 1690 1774
Sikkim 1 0 0 1 5 2 0 7 8
Tamil Nadu 127 0 0 127 661 97 6 764 891
Tripura 4 0 0 4 49 15 2 66 70
Uttar
598 14 0 612 14390 1046 96 15532 16144
Pradesh
West Bengal 58 4 0 62 718 266 31 1015 1077
Andaman &
1 0 0 1 16 6 0 22 23
Nicobar
Chandigarh 6 0 0 6 83 11 0 94 100
Dadra & Na-
0 0 0 0 4 1 0 5 5
gar Haveli
Daman &
0 0 0 0 5 0 0 5 5
Diu
Delhi 148 2 0 150 2664 135 21 2820 2970
Lakshad-
1 0 0 1 5 0 0 5 6
weep
Puducherry 5 0 0 5 44 4 0 48 53
Chhattis-
15 2 2 19 501 179 104 784 803
garh
Jharkhand 56 4 0 60 747 178 53 978 1038
Uttarakhand 32 0 0 32 390 56 2 448 480
Telangana 45 0 0 45 372 147 9 528 573
Foreign
12 0 0 12 41 0 0 41 53
Countries
Grand Total 1953 46 2 2001 33626 4277 862 38765 40766

294

TOTAL NUMBER OF CASES WHERE NHRC RECOMMENDED MONETARY
RELIEF DURING 2015-2016 (Data as per CMS as on 14/03/2017)
Amount No. of Cases Amount
No. of Cases Recom- in Which No. of Recom-
Where mended Recom- Cases mended
Name of State/ Amount
Monetary For Vic- mendations Pending in Cases
UT Paid
Relief Rec- tims/ Have Been For Com- Pending
ommended Next of Complied pliance for Compli-
Kins With ance
All India 0 0 0 0 0 0
Andhra Pradesh 7 830000 0 0 7 830000
Arunachal
1 100000 0 0 1 100000
Pradesh
Assam 4 750000 1 300000 3 450000
Bihar 19 2845000 3 500000 16 2345000
Goa 0 0 0 0 0 0
Gujarat 6 1225000 1 100000 5 1125000
Haryana 16 3350000 3 425000 13 2925000
Himachal
2 200000 0 0 2 200000
Pradesh
Jammu &
2 900000 1 400000 1 500000
Kashmir
Karnataka 5 530000 2 280000 3 250000
Kerala 2 150000 0 0 2 150000
Madhya Pradesh 15 3170000 1 900000 14 2270000
Maharashtra 13 3800000 3 300000 10 3500000
Manipur 10 6100000 0 0 10 6100000
Meghalaya 1 500000 0 0 1 500000
Mizoram 0 0 0 0 0 0
Nagaland 0 0 0 0 0 0

295
Amount No. of Cases Amount

No. of Cases Recom- in Which No. of Recom-
Where mended Recom- Cases mended
Name of State/ Amount
Monetary For Vic- mendations Pending in Cases
UT Paid
Relief Rec- tims/ Have Been For Com- Pending
ommended Next of Complied pliance for Compli-
Kins With ance
Orissa 20 3160000 1 100000 19 3060000
Punjab 5 725000 0 0 5 725000
Rajasthan 12 1445000 0 0 12 1445000
Sikkim 0 0 0 0 0 0
Tamil Nadu 8 1025000 2 100000 6 925000
Tripura 4 130000 0 0 4 130000
Uttar Pradesh 103 13945000 9 800000 94 13145000
West Bengal 9 1875000 0 0 9 1875000
Andaman &
0 0 0 0 0 0
Nicobar
Chandigarh 0 0 0 0 0 0
Dadra & Nagar
0 0 0 0 0 0
Haveli
Daman & Diu 0 0 0 0 0 0
Delhi 17 2230000 0 0 17 2230000
Lakshadweep 0 0 0 0 0 0
Puducherry 6 1150000 3 350000 3 800000
Chhattisgarh 14 2260000 2 400000 12 1860000
Jharkhand 18 6130000 1 100000 17 6030000
Uttarakhand 5 435000 0 0 5 435000
Telangana 8 1600000 0 0 8 1600000
Foreign
0 0 0 0 0 0
Countries
Grand total 332 60560000 33 5055000 299 55505000

296
DETAILS OF CASES WHERE NHRC RECOMMENDATIONS FOR MONETARY RELIEF MADE
DURING 2015-2016 ARE PENDING FOR COMPLIANCE
(DATA AS PER CMS AS ON 14/03/2017)
Amount Rec-
Name of the Incident ommended Date of Rec-
Sl. No. Case No. Nature of Complaint
State/UT Code for Victims/ ommendation
Next of Kins
1 Andhra 1061/1/15/2013-JCD 301 Custodial Death 1,00,000 18/08/2015

Pradesh (Judicial)
Pradesh (Judicial)
3 Andhra 1239/1/3/2012-PCD 807 Custodial Death 1,00,000 10/12/2015
Pradesh (Police)
Pradesh (Judicial)
5 Andhra 251/1/10/2012-JCD 301 Custodial Death 50,000 26/02/2016
Pradesh (Judicial)
6 Andhra 414/1/11/2010-AD 822 Alleged Custodial 80,000 23/04/2015
Pradesh Deaths in Police
Custody

Pradesh (Judicial)
8 Arunachal 2/2/1/2013-PCD 807 Custodial Death 1,00,000 17/03/2016
Pradesh (Police)
297
9 Assam 141/3/17/2013-ED 812 Death In Police 3,00,000 10/08/2015
Encounter
10 Assam 282/3/9/2013-WC 1309 Indignity of Women 50,000 29/03/2016
Amount Rec-
298
Next of Kins
11 Assam 354/3/9/2013 1505 Inaction by the State / 1,00,000 29/10/2015
Central Government
Officials
12 Bihar 1266/4/32/2013-JCD 301 Custodial Death 1,00,000 10/12/2015
(Judicial)
(Judicial)

14 Bihar 1556/4/11/2013 815 False Implications 1,00,000 04/04/2015
(Judicial)
16 Bihar 180/4/26/2013 204 Irregularities in Govt. 3,00,000 01/03/2016
Hospitals/ Primary
Health Centres
17 Bihar 183/4/30/2013-WC 1301 Abduction, Rape and 1,00,000 26/11/2015
Murder
18 Bihar 1862/4/23/2013 814 Failure in Taking 25,000 06/07/2015
Lawful Action
(Judicial)
20 Bihar 2129/4/26/08-09- 301 Custodial Death 5,00,000 14/05/2015
JCD (Judicial)
21 Bihar 2542/4/25/2010- 807 Custodial Death 50,000 12/11/2015
PCD (Police)

(Judicial)
Amount Rec-
Next of Kins
(Judicial)
(Judicial)
25 Bihar 3433/4/26/2014 815 False Implications 10,000 25/05/2015
26 Bihar 3555/4/19/2012 804 Abuse of Power 60,000 18/01/2016
(Judicial)
28 Chhattisgarh 226/33/14/09-10- 301 Custodial Death 1,00,000 12/11/2015
JCD (Judicial)
29 Chhattisgarh 271/33/5/2013-JCD 301 Custodial Death 3,00,000 08/05/2015
(Judicial)
30 Chhattisgarh 298/33/16/2011-AFE 813 Alleged Fake 5,00,000 08/02/2016
Encounters
31 Chhattisgarh 590/33/5/2013-WC 1300 Women 1,00,000 14/03/2016
(Judicial)

33 Chhattisgarh 719/33/5/2014 816 Illegal Arrest 10,000 26/02/2016
34 Chhattisgarh 766/33/1/2013-PF 1702 Abduction/ 50,000 26/11/2015
Kidnapping
35 Chhattisgarh 771/33/1/2013-WC 1311 Rape 1,00,000 24/02/2016
299
(Judicial)
(Judicial)
Amount Rec-
300
Next of Kins
(Judicial)
(Judicial)
40 Delhi 1458/30/5/2014-WC 1311 Rape 25,000 27/07/2015
41 Delhi 178/30/2/2013 804 Abuse of Power 50,000 31/03/2016
42 Delhi 1907/30/0/2011 1505 Inaction by the State / 6,00,000 05/05/2015

Central Government
Officials
43 Delhi 2315/30/10/2013 814 Failure in Taking 75,000 04/11/2015
Lawful Action
44 Delhi 2597/30/0/2012-DH 111 Death in Home 1,00,000 17/04/2015
47 Delhi 3540/30/8/2014 104 Exploitation of 1,00,000 02/09/2015
Children
48 Delhi 3925/30/7/2013-AD 822 Alleged Custodial 5,00,000 31/03/2016
Deaths in Police
Custody
49 Delhi 5467/30/9/2010-JCD 301 Custodial Death 1,00,000 26/11/2015
(Judicial)
50 Delhi 5701/30/4/2014 100 Children 10,000 12/08/2015
51 Delhi 5755/30/6/2013 814 Failure in Taking 1,00,000 24/02/2016

Lawful Action
52 Delhi 6565/30/8/2013 821 Victimization 2,50,000 27/11/2015
Amount Rec-
Next of Kins
53 Delhi 7146/30/0/2012 814 Failure in Taking 25,000 10/12/2015
Lawful Action
54 Delhi 764/30/9/2012-JCD 301 Custodial Death 1,00,000 21/04/2015
(Judicial)
55 Delhi 7931/30/6/2012 704 Victimization 20,000 21/05/2015
56 Delhi 969/30/1/2014-WC 1311 Rape 1,00,000 05/05/2015
57 Gujarat 1070/6/6/2014-PCD 807 Custodial Death 1,00,000 25/06/2015
(Police)
58 Gujarat 1512/6/23/2013-JCD 301 Custodial Death 1,00,000 16/11/2015
(Judicial)
(Police)
60 Gujarat 582/6/1/2013 1505 Inaction by the State / 7,25,000 19/08/2015
Central Government
officials
(Police)

62 Haryana 11927/7/15/2014 1901 Atrocities on SC/ST/ 2,00,000 29/02/2016
OBC
63 Haryana 1195/7/3/2014 815 False Implications 1,00,000 24/06/2015
64 Haryana 1572/7/19/2014 503 Trouble by Anti-Social 9,00,000 07/11/2015
301
Elements
65 Haryana 2942/7/14/2011 1505 Inaction by the State / 50,000 27/05/2015
Central Government
Officials
Amount Rec-
302
Next of Kins
66 Haryana 299/7/3/08-09 816 Illegal Arrest 50,000 07/05/2015
67 Haryana 3267/7/0/2011-BL 601 Bonded Labour 4,00,000 14/05/2015
68 Haryana 4689/7/10/2013 814 Failure in Taking 6,00,000 21/05/2015
Lawful Action
69 Haryana 5390/7/1/2012-JCD 301 Custodial Death 1,00,000 07/07/2015
(Judicial)
70 Haryana 6029/7/1/2012 804 Abuse of Power 1,00,000 22/01/2016
71 Haryana 612/7/19/2010 102 Child Marriage 25,000 06/05/2015

72 Haryana 6143/7/18/2012-JCD 301 custodial DEATH 1,00,000 29/10/2015
(Judicial)
73 Haryana 6426/7/6/2015-JCD 301 Custodial Death 1,00,000 21/01/2016
(Judicial)
74 Haryana 9267/7/17/2014 1505 Inaction by the State / 2,00,000 15/09/2015
Central Government
Officials
75 Himachal 1/8/2/2010-PCD 807 Custodial Death 1,00,000 17/09/2015
Pradesh (Police)
76 Himachal 246/8/11/2014-PCD 807 custodial death 1,00,000 07/09/2015
Pradesh (Police)
77 Jammu & 35/9/13/2010-PF 1711 Alleged Fake 5,00,000 01/04/2015
Kashmir Encounter(P-M
FORCES)
78 Jharkhand 1011/34/4/2012 804 Abuse of Power 50,000 09/07/2015
79 Jharkhand 1155/34/11/2013 804 Abuse of Power 50,000 11/06/2015
80 Jharkhand 1243/34/6/2013- 807 Custodial Death 1,00,000 10/12/2015

PCD (Police)
Amount Rec-
Next of Kins
81 Jharkhand 1276/34/7/2012-JCD 301 Custodial Death 3,00,000 11/06/2015
(Judicial)
82 Jharkhand 130/34/6/2014 203 Malfunctioning of 4,00,000 10/12/2015
Medical Professionals
83 Jharkhand 1383/34/5/2012-JCD 301 Custodial Death 3,00,000 02/12/2015
(Judicial)
84 Jharkhand 1393/34/10/2014- 803 Abduction/Rape 1,00,000 09/07/2015
WC
PCD (Police)
86 Jharkhand 164/34/5/2013 305 Harassment of 1,00,000 18/11/2015
Prisoners
87 Jharkhand 165/34/14/2014 804 Abuse of Power 9,00,000 02/07/2015
88 Jharkhand 192/34/16/2013 821 Victimization 50,000 16/12/2015
89 Jharkhand 287/34/6/2013 809 Custodial Torture 50,000 11/06/2015
90 Jharkhand 345/34/9/2013 1505 Inaction by the State / 24,00,000 11/06/2015
Central Government

Officials
91 Jharkhand 550/34/20/2012 814 Failure in Taking 80,000 08/03/2016
Lawful Action
92 Jharkhand 564/34/3/2013-WC 1307 Gang Rape 50,000 21/04/2015
303
PCD (Police)
*94 Jharkhand 984/34/15/08-09 804 Abuse of Power 5,00,000 06/05/2015
95 Karnataka 1022/10/33/2014 804 Abuse of Power 50,000 09/03/2016
Amount Rec-
304
Next of Kins
96 Karnataka 509/10/2/2013 1505 Inaction by the State / 0 28/07/2015
Central Government
Officials
97 Karnataka 7/10/13/2011-AD 822 Alleged Custodial 2,00,000 24/02/2016
Deaths in Police
Custody
98 Kerala 15/11/6/2013-PCD 807 Custodial Death 1,00,000 09/04/2015

(Police)
99 Kerala 432/11/13/2013- 807 Custodial Death 50,000 09/04/2015
PCD (Police)
100 Madhya 1210/12/30/2014 804 Abuse of Power 20,000 23/02/2016
Pradesh
101 Madhya 1298/12/7/2014 1904 Victimization 1,00,000 26/02/2016
Pradesh
102 Madhya 1351/12/11/09-10- 301 Custodial Death 2,00,000 22/07/2015
Pradesh JCD (Judicial)
103 Madhya 1598/12/2002-2003 1500 Miscellaneous 3,00,000 02/07/2015
Pradesh
104 Madhya 2032/12/7/2013-WC 803 Abduction/Rape 1,00,000 03/07/2015
Pradesh
**105 Madhya 2214/12/28/2013 811 Death in Police Firing 2,00,000 12/06/2015
Pradesh
106 Madhya 259/12/18/2012- 807 Custodial Death 1,00,000 27/04/2015
Pradesh PCD (Police)

Amount Rec-
Next of Kins
107 Madhya 3446/12/8/2014 203 Malfunctioning of 1,00,000 19/10/2015
Pradesh Medical Professionals
108 Madhya 405/12/10/2014 811 Death in Police Firing 3,00,000 14/07/2015
Pradesh
109 Madhya 545/12/41/2014-WC 1301 Abduction, Rape and 25,000 24/06/2015
Pradesh Murder
110 Madhya 554/12/15/2015 1505 Inaction by the State / 25,000 24/02/2016
Pradesh Central Government
Officials
111 Madhya 629/12/8/2014 106 Sexual Harassment 2,00,000 22/01/2016
Pradesh
114 Maharashtra 2500/13/21/2013 1202 Non-payment 25,000 30/12/2015
of Pension/

Compensation
**115 Maharashtra 2838/13/28/2012 1901 Atrocities on SC/ST/ 20,00,000 06/11/2015
OBC
116 Maharashtra 2839/13/23/2015 204 Irregularities 1,00,000 06/01/2016
305
in Government
Hospitals/Primary
Health Centres
Amount Rec-
306
Next of Kins
117 Maharashtra 2851/13/36/2015 204 Irregularities 2,00,000 06/01/2016
in Government
Hospitals/Primary
Health Centres
118 Maharashtra 2852/13/3/2015 204 Irregularities 25,000 21/01/2016
in Government
Hospitals/Primary

Health Centres
119 Maharashtra 2855/13/36/2015 204 Irregularities 50,000 06/01/2016
in Government
Hospitals/Primary
Health Centres
120 Maharashtra 2857/13/2/2015 203 Malfunctioning of 50,000 06/01/2016
Medical Professionals
121 Maharashtra 415/13/24/2010- 807 Custodial Death 5,00,000 14/10/2015
PCD (Police)
122 Maharashtra 420/13/30/07-08- 807 Custodial Death 5,00,000 17/09/2015
PCD (Police)
123 Maharashtra 778/13/23/2010-AF 1603 Abduction/Rape 50,000 05/06/2015
124 Manipur 16/14/6/2014-AD 822 Alleged Custodial 1,00,000 22/09/2015
Deaths in Police
Custody
125 Manipur 17/14/4/09-10-AFE 813 Alleged Fake 5,00,000 02/12/2015
Encounters
Amount Rec-
Next of Kins
Encounters
Encounters
128 Manipur 3/14/15/2012-ED 812 Death in Police 5,00,000 28/05/2015
Encounter
129 Manipur 38/14/4/08-09-FE 813 Alleged Fake 5,00,000 28/05/2015
Encounters
130 Manipur 39/14/4/2011-AD 822 Alleged Custodial 5,00,000 10/03/2016
Deaths in Police
Custody
131 Manipur 48/14/0/08-09-FE 813 Alleged Fake 5,00,000 13/05/2015
Encounters
132 Manipur 5/14/12/2010-AFE 813 Alleged Fake 5,00,000 02/09/2015
Encounters
133 Manipur 9/14/4/2010-AFE 813 Alleged Fake 5,00,000 06/05/2015
Encounters

134 Meghalaya 40/15/1/2014-AD 822 Alleged Custodial 5,00,000 22/07/2015
Deaths In Police
Custody
135 Odisha 1179/18/18/2014 1505 Inaction by the State / 1,00,000 10/02/2016
307
Central Government
Officials
Amount Rec-
308
Next of Kins
136 Odisha 1237/18/4/2014 814 Failure in Taking 1,00,000 22/07/2015
Lawful Action
137 Odisha 1492/18/3/2012-JCD 301 Custodial Death 1,00,000 08/12/2015
(Judicial)
138 Odisha 1760/18/24/2014 204 Irregularities 1,00,000 17/02/2016
in Government
Hospitals/Primary

Health Centres
139 Odisha 1847/18/5/2014 814 Failure in Taking 1,00,000 04/03/2016
Lawful Action
Central Government
Officials
141 Odisha 2106/18/14/2013- 1903 Rape of SC/ST/OBC 1,00,000 31/08/2015
WC
142 Odisha 228/18/12/07-08 1904 Victimization 6,00,000 13/07/2015
143 Odisha 2296/18/28/2013- 1311 Rape 1,00,000 19/08/2015
WC
144 Odisha 2372/18/16/2013 1505 Inaction by the State / 60,000 25/12/2015
Central Government
Officials
145 Odisha 2462/18/3/2012 816 Illegal Arrest 50,000 28/09/2015
Central Government
Officials
Amount Rec-
Next of Kins
147 Odisha 2679/18/2/2014 809 Custodial Torture 5,00,000 17/02/2016
148 Odisha 3016/18/3/2014-WC 1311 Rape 50,000 27/07/2015
Central Government
Officials
Central Government
Officials
Central Government
Officials
Central Government
Officials
Central Government
Officials

154 Puducherry 2/32/0/2015-JCD 301 Custodial Death 1,00,000 15/09/2015
(Judicial)
155 Puducherry 56/32/4/2011-PCD 807 Custodial Death 3,00,000 28/04/2015
(Police)
309
156 Puducherry 67/32/0/2014-WC 1310 Immoral Trafficking 4,00,000 28/04/2015
on Women
157 Punjab 100/19/10/2011-JCD 301 Custodial Death 50,000 28/07/2015
(Judicial)
Amount Rec-
310
Next of Kins
158 Punjab 1410/19/1/2013-JCD 301 Custodial Death 1,00,000 03/11/2015
(Judicial)
159 Punjab 250/19/0/2014 814 Failure in Taking 25,000 20/01/2016
Lawful Action
160 Punjab 277/19/18/2013 106 SEXUAL 2,50,000 06/05/2015
HARASSMENT
161 Punjab 541/19/10/2012-JCD 301 Custodial Death 3,00,000 09/06/2015

(Judicial)
162 Rajasthan 1383/20/19/2012- 301 Custodial Death 1,00,000 04/01/2016
JCD (Judicial)
JCD (Judicial)
164 Rajasthan 1651/20/2/2012 814 Failure in Taking 1,50,000 22/07/2015
Lawful Action
165 Rajasthan 1766/20/2/2013 804 Abuse of Power 3,00,000 16/07/2015
166 Rajasthan 1904/20/14/2011- 301 Custodial Death 50,000 13/01/2016
JCD (Judicial)
PCD (Police)
168 Rajasthan 2908/20/25/2012 1203 Other Service Disputes 5,000 16/02/2016
169 Rajasthan 464/20/9/2014-JCD 301 Custodial Death 1,00,000 21/09/2015
(Judicial)
170 Rajasthan 475/20/18/2014-WC 1311 Rape 1,00,000 25/06/2015

(Judicial)
Amount Rec-
Next of Kins
172 Rajasthan 791/20/4/2013 204 Irregularities 40,000 28/03/2016
in Government
Hospitals/Primary
Health Centres
(Judicial)
174 Tamil Nadu 134/22/13/2015 106 Sexual Harassment 1,00,000 13/11/2015
175 Tamil Nadu 1389/22/46/2011- 301 Custodial Death 1,00,000 23/07/2015
JCD (Judicial)
176 Tamil Nadu 3175/22/13/2012 1505 Inaction by the State / 1,00,000 21/03/2016
Central Government
Officials
177 Tamil Nadu 326/22/36/2013-JCD 301 Custodial Death 1,00,000 17/11/2015
(Judicial)
178 Tamil Nadu 41/22/15/2012-JCD 301 Custodial Death 5,00,000 19/11/2015
(Judicial)
179 Tamil Nadu 603/22/37/2013 1904 Victimization 25,000 16/06/2015

180 Telangana 1010/1/8/2013-WC 1301 Abduction, Rape and 3,00,000 18/11/2015
Murder
181 Telangana 1271/1/14/2013-WC 1311 Rape 3,00,000 14/07/2015
182 Telangana 1493/1/7/2011-AD 822 Alleged Custodial 1,00,000 23/04/2015
311
Deaths in Police
Custody
183 Telangana 344/1/12/2012-JCD 301 Custodial Death 3,00,000 10/12/2015
(Judicial)
Amount Rec-
312
Next of Kins
(Judicial)
(Judicial)
(Judicial)

(Judicial)
188 Tripura 1670/23/4/2013-JCD 301 Custodial Death 25,000 14/03/2016
(Judicial)
189 Tripura 1691/23/3/2013 204 Irregularities 10,000 29/03/2016
in Government
Hospitals/Primary
Health Centres
190 Tripura 4/23/0/2014 104 Exploitation of 70,000 19/05/2015
Children
191 Tripura 8/23/5/2012 814 Failure in Taking 25,000 30/11/2015
Lawful Action
192 Uttar Pradesh 10704/24/52/2013 805 Attempted Murder 5,00,000 30/10/2015
193 Uttar Pradesh 12023/24/46/2013 814 Failure in Taking 25,000 26/10/2015
Lawful Action
194 Uttar Pradesh 12025/24/69/2014 804 Abuse of Power 1,00,000 16/02/2016
195 Uttar Pradesh 12165/24/36/2013- 1304 Dowry Death or Their 50,000 09/07/2015
WC Attempt
Amount Rec-
Next of Kins
196 Uttar Pradesh 12338/24/72/2013- 301 Custodial Death 1,00,000 25/02/2016
JCD (Judicial)
JCD (Judicial)
JCD (Judicial)
199 Uttar Pradesh 13538/24/63/2013 814 Failure in Taking 1,00,000 01/10/2015
Lawful Action
200 Uttar Pradesh 13652/24/36/2013- 1301 Abduction, Rape and 25,000 19/08/2015
WC Murder
201 Uttar Pradesh 14292/24/34/2013- 1304 Dowry Death or Their 25,000 20/01/2016
WC Attempt
202 Uttar Pradesh 15083/24/54/2013 817 Unlawful Detention 25,000 17/11/2015
JCD (Judicial)
JCD (Judicial)

205 Uttar Pradesh 17572/24/38/2014- 1309 Indignity of Women 50,000 19/08/2015
WC
206 Uttar Pradesh 17610/24/65/2013- 1301 Abduction, Rape and 25,000 29/02/2016
WC Murder
313
207 Uttar Pradesh 18355/24/68/2010- 822 Alleged Custodial 5,00,000 13/05/2015
AD Deaths in Police
Custody
Amount Rec-
314
Next of Kins
208 Uttar Pradesh 18400/24/1/2013 817 Unlawful Detention 1,00,000 29/08/2015
209 Uttar Pradesh 18500/24/12/2014 1505 Inaction by the State / 1,00,000 23/02/2016
Central Government
Officials
210 Uttar Pradesh 18702/24/64/2012 816 Illegal Arrest 25,000 16/02/2016
JCD (Judicial)

JCD (Judicial)
213 Uttar Pradesh 19165/24/44/2014 804 Abuse of Power 10,000 17/11/2015
214 Uttar Pradesh 19995/24/65/2014 1901 Atrocities on SC/ST/ 25,000 01/04/2015
OBC
Lawful Action
Lawful Action
217 Uttar Pradesh 21267/24/32/08-09- 812 Death in Police 5,00,000 02/12/2015
ED Encounter
218 Uttar Pradesh 21330/24/34/2013 821 Victimization 25,000 31/08/2015
Lawful Action
220 Uttar Pradesh 225/24/52/2014-JCD 301 Custodial Death 1,00,000 29/03/2016
(Judicial)
221 Uttar Pradesh 22555/24/32/08-09- 812 Death in Police 5,00,000 01/06/2015

ED Encounter
Amount Rec-
Next of Kins
222 Uttar Pradesh 22934/24/46/2013- 1311 Rape 25,000 26/10/2015
WC
AD Deaths in Police
Custody
Lawful Action
226 Uttar Pradesh 25612/24/10/2013 204 Irregularities 2,00,000 31/08/2015
in Government
Hospitals/Primary
Health Centres
227 Uttar Pradesh 257/24/40/2014 806 Atrocities on SC/ST 1,00,000 14/07/2015
(By Police)
Lawful Action
229 Uttar Pradesh 26195/24/14/2014- 1307 Gang Rape 1,00,000 31/07/2015

WC
Central Government
Officials
315
JCD (Judicial)
232 Uttar Pradesh 27603/24/77/2014- 803 Abduction/Rape 1,00,000 13/07/2015
WC
Amount Rec-
316
Next of Kins
JCD (Judicial)
PCD (Police)
235 Uttar Pradesh 29202/24/2006- 822 Alleged Custodial 5,00,000 24/06/2015
2007-AD Deaths in Police
Custody

236 Uttar Pradesh 29362/24/31/2012 816 Illegal Arrest 25,000 03/08/2015
237 Uttar Pradesh 32411/24/3/2013- 301 Custodial Death 50,000 24/02/2016
JCD (Judicial)
JCD (Judicial)
239 Uttar Pradesh 3323/24/4/2013-JCD 301 Custodial Death 3,00,000 31/07/2015
(Judicial)
240 Uttar Pradesh 33255/24/30/2013- 803 Abduction/Rape 1,00,000 02/07/2015
WC
241 Uttar Pradesh 3342/24/17/2014- 1311 Rape 1,00,000 10/06/2015
WC
242 Uttar Pradesh 33623/24/2005-2006 814 Failure in Taking 3,00,000 05/05/2015
Lawful Action
Lawful Action
JCD (Judicial)
Amount Rec-
Next of Kins
246 Uttar Pradesh 35618/24/31/2012 814 Failure In Taking 25,000 15/10/2015
Lawful Action
PCD (Police)
248 Uttar Pradesh 36086/24/31/2013- 1304 Dowry Death or Their 1,00,000 24/06/2015
WC Attempt
249 Uttar Pradesh 36139/24/51/08-09- 807 Custodial Death 5,00,000 17/09/2015
PCD (Police)
250 Uttar Pradesh 36211/24/72/2013 1901 Atrocities on SC/ST/ 25,000 25/06/2015
OBC
Lawful Action
252 Uttar Pradesh 37566/24/1/2013 312 Lack of Medical 25,000 02/11/2015
Facilities
253 Uttar Pradesh 39313/24/3/2014 1508 Atrocities By Custom/ 25,000 07/03/2016
Excise/Enforcement/
Forest/Income-Tax

Dept., etc. of Central/
State Governments
255 Uttar Pradesh 39349/24/51/2012 1505 Inaction by the State / 60,000 27/02/2016
317
Central Government
Officials
Amount Rec-
318
Next of Kins
WC Attempt
Lawful Action
Central Government
Officials

JCD (Judicial)
JCD (Judicial)
263 Uttar Pradesh 40572/24/14/2011 1500 Miscellaneous 50,000 05/08/2015
WC Attempt
JCD (Judicial)
266 Uttar Pradesh 426/24/52/2014 1501 Disappearance 1,00,000 22/09/2015
AD Deaths in Police
Custody
269 Uttar Pradesh 43743/24/46/2012- 1307 Gang Rape 3,00,000 06/07/2015
WC
270 Uttar Pradesh 43832/24/24/2013 810 Custodial Violence 1,00,000 03/09/2015
Amount Rec-
Next of Kins
271 Uttar Pradesh 44133/24/24/2013 1202 Non-payment 5,000 20/07/2015
of Pension/
Compensation
272 Uttar Pradesh 44142/24/5/2011 1200 Service Matters 50,000 01/12/2015
273 Uttar Pradesh 44241/24/72/2012 804 Abuse of Power 50,000 20/01/2016

Lawful Action
Lawful Action
276 Uttar Pradesh 49639/24/37/2014 806 Atrocities on SC/ST 25,000 19/11/2015
(By Police)
277 Uttar Pradesh 52622/24/48/08-09- 813 Alleged Fake 5,00,000 12/11/2015
AFE Encounters
278 Uttar Pradesh 6083/24/31/2014 816 Illegal Arrest 1,00,000 19/08/2015
PCD (Police)
JCD (Judicial)

281 Uttar Pradesh 6973/24/2006-2007 812 Death in Police 5,00,000 23/09/2015
Encounter
Lawful Action
319
284 Uttar Pradesh 9551/24/55/2013 100 Children 1,00,000 20/07/2015
285 Uttar Pradesh 9646/24/46/07-08- 301 Custodial Death 5,00,000 23/09/2015
JCD (Judicial)
Amount Rec-
320
Next of Kins
286 Uttarakhand 1020/35/8/2014- 807 Custodial Death 1,00,000 18/03/2016
PCD (Police)
287 Uttarakhand 1179/35/6/2011 817 Unlawful Detention 25,000 13/01/2016
288 Uttarakhand 2003/35/13/2013 1505 Inaction by the State / 1,00,000 29/02/2016
Central Government
Officials
289 Uttarakhand 705/35/11/2011-AD 822 Alleged Custodial 2,00,000 12/01/2016
Deaths in Police

Custody
290 Uttarakhand 842/35/6/2012 804 Abuse of Power 10,000 18/11/2015
291 West Bengal 1137/25/15/2013-PF 1704 Abuse of Power 25,000 30/09/2015
292 West Bengal 12/25/22/2014-WC 1309 Indignity of Women 25,000 25/05/2015
293 West Bengal 1324/25/11/2013- 1309 Indignity of Women 50,000 24/02/2016
WC
294 West Bengal 1532/25/5/2012-JCD 301 Custodial Death 1,00,000 24/02/2016
(Judicial)
295 West Bengal 437/25/22/2013-JCD 301 Custodial Death 3,00,000 25/06/2015
(Judicial)
296 West Bengal 523/25/15/2013 804 Abuse of Power 75,000 19/11/2015
297 West Bengal 614/25/16/2010- 807 Custodial Death 5,00,000 02/12/2015
PCD (Police)
298 West Bengal 84/25/19/2014 1505 Inaction by the State / 6,00,000 21/03/2016
Central Government
Officials
299 West Bengal 971/25/17/2011 811 Death in Police Firing 2,00,000 19/11/2015

DETAILS OF CASES PENDING COMPLIANCE OF NHRC RECOMMENDATIONS
DURING 2014-2015 FOR PAYMENT OF MONETARY RELIEF
Amount
Inci- Date of Rec-
Sl. Name of the Recommended
Case No. dent ommenda-
No State/UT for Victims/
Code tion
Next of Kins
1 Andhra Pradesh 232/1/10/2014-WC 1307 1,00,000 30/01/2015
2 Assam 4/3/15/2012-JCD 301 1,00,000 22/04/2014
3 Bihar 1517/4/23/2011 100 50,000 02/09/2014
4 Bihar 1934/4/5/2013 106 1,00,000 16/12/2014
5 Bihar 2329/4/39/2011 106 25,000 20/02/2015
6 Bihar 258/4/8/2012-JCD 301 1,00,000 08/09/2014
7 Bihar 349/4/34/2013 816 90,000 24/03/2015
8 Bihar 3731/4/4/2013 804 25,000 15/01/2015
9 Chhattisgarh 559/33/5/2013 817 50,000 30/12/2014
10 Chhattisgarh 715/33/6/2013 100 3,60,000 17/07/2014
11 Delhi 1043/30/9/2012-JCD 301 2,00,000 05/12/2014
12 Delhi 252/30/8/2014 2006 3,00,000 29/09/2014
13 Delhi 2756/30/1/2012 1505 12,00,000 11/11/2014
14 Delhi 4693/30/2005-2006 812 5,00,000 08/10/2014
15 Delhi 6429/30/1/2012 204 3,00,000 20/10/2014

321
Amount
Inci- Date of Rec-
Code tion
Next of Kins
16 Gujarat 128/6/23/2012 205 1,00,000 22/04/2014
17 Gujarat 500/6/19/2013-JCD 301 1,00,000 03/11/2014
18 Jharkhand 254/34/1/2010-AD 309 1,00,000 09/04/2014
19 Jharkhand 589/34/22/2012-PF 1704 1,00,000 09/07/2014
20 Kerala 354/11/13/2013-JCD 301 3,00,000 23/12/2014
21 Kerala 392/11/2/2013-JCD 301 1,00,000 08/09/2014
22 Kerala 763/11/13/2013-JCD 301 3,00,000 16/03/2015
23 Madhya Pradesh 342/12/36/2013 1505 30,00,000 24/04/2014
24 Madhya Pradesh 430/12/32/2012 604 12,00,000 11/09/2014
25 Maharashtra 3622/13/33/2012 814 25,000 22/12/2014
26 Maharashtra 4099/13/1/08-09-JCD 301 1,00,000 02/07/2014
27 Odisha 2463/18/18/2013 100 3,00,000 26/09/2014
28 Odisha 2482/18/7/2013 1505 1,00,000 04/03/2015
29 Odisha 2489/18/21/2013 1505 3,00,000 01/12/2014
30 Odisha 3070/18/30/2011 1505 1,50,000 04/08/2014
31 Odisha 3246/18/17/2012 804 25,000 16/02/2015
32 Rajasthan 1340/20/6/2012 809 25,000 14/10/2014

322
Amount
Inci- Date of Rec-
Code tion
Next of Kins
33 Rajasthan 142/20/14/2014-WC 1301 3,00,000 22/12/2014
34 Rajasthan 258/20/29/09-10-JCD 301 2,00,000 16/07/2014
35 Rajasthan 2841/20/14/2012-JCD 301 1,00,000 30/03/2015
36 Rajasthan 2997/20/5/2012-JCD 301 1,00,000 04/02/2015
37 Rajasthan 348/20/26/2013-JCD 301 3,00,000 16/02/2015
38 Tamil Nadu 101/22/13/2014-WC 2003 1,00,000 17/02/2015
39 Telangana 634/1/7/2012-JCD 301 1,00,000 30/06/2014
40 Uttar Pradesh 13267/24/56/2013 814 1,00,000 21/10/2014
41 Uttar Pradesh 15672/24/1/2012 817 20,000 25/08/2014
42 Uttar Pradesh 18450/24/51/2013 804 20,000 23/03/2015
43 Uttar Pradesh 19687/24/4/2013 817 1,00,000 12/02/2015
44 Uttar Pradesh 20381/24/72/2013 809 1,00,000 28/10/2014
45 Uttar Pradesh 2061/24/54/2013 804 50,000 06/08/2014
46 Uttar Pradesh 25380/24/31/2013-JCD 301 1,00,000 30/12/2014
47 Uttar Pradesh 2629/24/54/2012 817 50,000 30/01/2015
48 Uttar Pradesh 26885/24/48/2011 203 3,00,000 16/12/2014

323
Amount
Inci- Date of Rec-
Code tion
Next of Kins
50 Uttar Pradesh 31257/24/3/2013 203 3,00,000 20/01/2015
52 Uttar Pradesh 34906/24/1/2012 1505 2,00,000 04/04/2014
53 Uttar Pradesh 35842/24/25/2011-WC 1307 1,00,000 05/03/2015
54 Uttar Pradesh 35845/24/4/2012-WC 1301 1,00,000 06/08/2014
55 Uttar Pradesh 38710/24/79/2013-WC 1903 75,000 16/02/2015
56 Uttar Pradesh 39032/24/68/2012 109 3,00,000 30/03/2015
57 Uttar Pradesh 39182/24/1/2012-AD 309 1,00,000 16/02/2015
59 Uttar Pradesh 5581/24/72/2010 809 25,000 25/08/2014
60 Uttar Pradesh 6066/24/56/2014-AD 822 5,00,000 18/03/2015
62 Uttar Pradesh 7876/24/54/2014 800 1,00,000 12/08/2014
63 Uttar Pradesh 8324/24/18/08-09-ED 812 5,00,000 17/07/2014
64 West Bengal 1160/25/15/2011 814 10,000 22/12/2014
65 West Bengal 1887/25/22/2012-JCD 301 1,00,000 12/02/2015
66 West Bengal 370/25/10/2013-JCD 301 2,00,000 27/03/2015


324
DETAILS OF CASES PENDING COMPLIANCE OF NHRC RECOMMENDATIONS FROM
2008-2009 TO 2013-2014 FOR PAYMENT OF MONETARY RELIEF/DISCIPLINARY ACTION/
PROSECUTION
Amount Rec-
Name of the Inci- Date of Rec-
Sl. Nature of Com- ommended for
State/ Union Case No. dent ommendation Remarks
No. plaint Victims/ Next of
Territory code Remarks
Kins
1. Andhra Pradesh 1042/1/5/2012-PCD 807 Custodial Death 2,00,000 25-03-2014 Proof of payment
(Police) awaited
2. Arunachal 2/2/11/2012-AF 1611 Alleged Fake En- 15,00,000 01-01-2014 Proof of payment
Pradesh counter (Defence) awaited
3. Assam 259/3/7/2011-ED 812 Death in Police En- 10,00,000 05-12-2013 Proof of payment
counter awaited
4. Bihar 2572/4/8/08-09-AD 1716 Alleged Custodial 5,00,000 21-08-2013 Proof of payment

Death awaited
5. Bihar 4589/4/35/2012 1505 Inaction by the 2,00,000 21-10-2013 Proof of payment

State/Central Govt. awaited
Officials

6. Delhi 1631/30/3/2010- 301 Custodial Death 1,00,000 13-03-2014 Proof of payment
JCD (Judicial) awaited
7. Delhi 3500/30/0/2011 800 Police 1,00,000 15-05-2013 Proof of payment

awaited
325
8. Delhi 4883/30/9/2010 814 Failure in Taking 20,000 21-01-2014 Proof of payment
Lawful Action awaited
Amount Rec-
326
Kins
9. Gujarat 1012/6/9/2011 202 Public Health Haz- 25,00,000 22-10-2013 Proof of payment
ards awaited
10. Jammu & Kash- 370/9/3/2012 203 Malfunctioning of 6,00,000 31-03-2014 Proof of payment
mir Medical Profession- awaited
als
11. Jharkhand 380/34/11/2010 1505 Inaction by the 1,50,000 18-12-2013 Proof of payment

Officials
12. Kerala 191/11/13/2012 305 Harassment of Pris- 50,000 12-07-2013 Proof of payment
oners awaited
13. Kerala 91/11/7/2012-JCD 301 Custodial Death 1,00,000 07-03-2014 Proof of payment
(Judicial) awaited
14. Madhya Pradesh 485/12/5/2012 104 Exploitation of Chil- 35,000 31-10-2013 Proof of payment
dren awaited
15. Madhya Pradesh 92/12/8/2013-WC 1307 Gang Rape 3,00,000 19-12-2013 Proof of payment
awaited
16. Maharashtra 1031/13/16/ 2010- 807 Custodial Death 5,00,000 20-02-2014 Proof of payment
PCD (Police) awaited
17. Maharashtra 334/13/2006-2007- 807 Custodial Death 5,00,000 08-08-2013 Proof of payment
CD (Police) awaited
Amount Rec-
Kins
18. Maharashtra 558/13/11/08-09- 807 Custodial Death 5,00,000 01-01-2014 Proof of payment
19. Manipur 108/14/4/2011-AD 309 Alleged Custodial 2,00,000 07-05-2013 Proof of payment
Deaths in Judicial awaited

Custody
20. Manipur 11/14/4/08-09-ED 812 Death in Police En- 5,00,000 24-10-2013 Proof of payment
counter awaited
21. Odisha 2502/18/2/2011 1505 Inaction by the 3,00,000 26-07-2013 Proof of payment
Officials
22. Rajasthan 1345/20/21/09-10- 301 Custodial Death 3,00,000 26-08-2013 Proof of payment
23. Rajasthan 1838/20/17/2011- 301 Custodial Death 1,00,000 27-01-2014 Proof of payment
24. Rajasthan 642/20/29/2013- 803 Abduction/Rape 3,00,000 07-03-2014 Proof of payment

WC awaited
25. Uttar Pradesh 14844/24/39/2010 203 Malfunctioning of 300000 25-09-2013 Proof of payment
Medical Profession- awaited
als
327
26. Uttar Pradesh 1553/24/2006-2007 812 Death in Police En- 5,00,000 16-01-2014 Proof of payment
counter awaited
Amount Rec-
328
Kins
27. Uttar Pradesh 15725/24/20/2011 816 Illegal Arrest 50,000 12-03-2014 Proof of payment
awaited
28. Uttar Pradesh 20803/24/2006- 812 Death in Police En- 5,00000 16-01-2014 Proof of payment
2007 counter awaited
29. Uttar Pradesh 20804/24/24/2010 1202 Non-Payment of Pen- 50,000 27-01-2014 Proof of payment
sion/ Compensation awaited

30. Uttar Pradesh 24089/24/12/08- 813 Alleged Fake En- 10,00,000 17-04-2013 Proof of payment
09-FE counters awaited
31. Uttar Pradesh 2547/24/4/09-10- 108 Death in Judicial 300000 27-09-2013 Proof of payment
DH Custody awaited
32. Uttar Pradesh 2655/24/34/2012- 822 Alleged Custodial 3,00,000 31-03-2014 Proof of payment
AD Deaths in Police Cus- awaited
tody
counter awaited
34. Uttar Pradesh 33018/24/20/2010- 807 Custodial Death 1,00,000 11-12-2013 Proof of payment
35. Uttar Pradesh 34109/24/24/2011- 822 Alleged Custodial 1,00,000 27-06-2013 Proof of payment
AD Deaths in Police Cus- awaited
tody
36. Uttar Pradesh 34188/24/72/2013 1901 Atrocities on SC/ST/ 2,00,000 26-11-2013 Proof of payment
OBC awaited
Amount Rec-
Kins
37. Uttar Pradesh 3656/24/2005-2006 813 Alleged Fake En- 5,00,000 15-01-2014 Proof of payment
counters awaited
38. Uttar Pradesh 38084/24/2005- 812 Death in Police En- 5,00,000 08-01-2014 Proof of payment
39. Uttar Pradesh 3885/24/45/2012- 812 Death in Police En- 5,00,000 16-01-2014 Proof of payment
ED counter awaited
ED counter awaited
ED counter awaited
42. Uttar Pradesh 41496/24/2000- 816 Illegal Arrest 10,00,000 05-12-2013 Proof of payment
2001 awaited
43. Uttar Pradesh 42032/24/27/2012- 1301 Abduction, Rape and 1,00,000 20-01-2014 Proof of payment
WC Murder awaited

45. Uttar Pradesh 43091/24/17/2012- 1311 Rape 50,000 17-09-2013 Proof of payment
WC awaited
329
46. Uttar Pradesh 44122/24/40/2010- 807 Custodial Death 1,00,000 16-01-2014 Proof of payment
47. Uttar Pradesh 452/24/37/2011-ED 812 Death in Police En- 5,00,000 15-01-2014 Proof of payment
counter awaited
Amount Rec-
330
Kins
49. Uttar Pradesh 53582/24/72/07-08 812 Death in Police En- 5,00,000 19-12-2013 Proof of payment
counter awaited
50. Uttar Pradesh 6855/24/56/2012 203 Malfunctioning of 3,00,000 02-09-2013 Proof of payment
Medical Profession- awaited
als

counter awaited
52. Uttar Pradesh 8584/24/57/2012 814 Failure in Taking 10,00,000 12-02-2014 Proof of payment
53. Uttarakhand 1597/35/2006-2007 813 Alleged Fake En- 5,00,000 05-02-2014 Proof of payment
counters awaited
54. Bihar 1817/4/32/2011 1505 Inaction by the 14,00,000 19/11/2012 Proof of payment
State/Central Gov- awaited
ernment Officials
55. Bihar 1818/4/1/2011 1505 Inaction by the 4,00,000 30/08/2012 Proof of payment
Officials
Amount Rec-
Kins
56. Chandigarh 43/27/0/2010 Irregularities in Govt. 50,000 19.03.2012 Proof of payment

Hospitals/Primary awaited
Health Centres
57. Delhi 5494/30/0/2010 1505 Inaction by the 9,00,000 15/10/2012 Proof of payment
Officials
58. Delhi 2843/30/1/2010 1505 Inaction by the 1,00,000 20.01.2012 Proof of payment
Officials
59. Jammu & Kash- 55/9/2003-2004-ad 822 Alleged Death in the 5,00,000 19.08.2009 The State Gov-
mir Custody of Jammu ernment has
Police (Complaint) challenged the
recommendation
of the Commis-
sion in the J & K
High Court.

60. Jammu & Kash- 206/9/2003-2004 1508 Damage of House 2,00,000 23.11.2009 The State Gov-
mir M-4 by the Govt. (Com- ernment has
plaint) challenged the
recommendation
331
of the Commis-
sion in the J & K
High Court.
Amount Rec-
332
Kins
61. Jharkhand 1311/34/18/2012- Sexual Harassment 50,000 14/02/2013 Proof of payment

WC by Army/Paramili- awaited
tary Personnel
62. Kerala 43/11/2002-2003- 301 Death in judicial 1,50,000 12.09.2008 The Government
cd custody of Kerala filed
a Writ Petition

No. 21305/09 in
the High Court
of Kerala against
the recommen-
dation made by
the Commission
and the High
Court. Outcome
of the writ peti-
tion is awaited
63. Manipur 8/14/2004-2005-AF Custodial Death (De- 10,00,000 26/07/2012 Proof of payment
fence) awaited
Amount Rec-
Kins
64. Odisha 157/18/24/09-10 1508 Atrocities BY Cus- 4,00,000 27/12/2012 Proof of payment
tom/Excise/En- awaited
forcement/Forest/
Income-Tax Deptt.
etc. of Central/State
Govts.
65. Odisha 123/18/1999-2000 809 Alleged physical tor- Disciplinary ac- 31.07.2000 The State Govt.
ture & illegal detention has preferred
tion by police writ petition No.
O.J.C.No. 8776/
2000 in the High
Court of Orissa,
against the rec-
ommendations
of the Commis-

sion, which is
pending consid-
eration.
333
66. Punjab 377/19/8/09-10- 301 Custodial Death 1,00,000 30/11/2012 Proof of payment
Amount Rec-
334
Kins
67. Uttar Pradesh 31558/24/56/2010- 1309 Indignity Of Women 50,000 22/05/2012 Proof of payment
WC awaited
68. Uttar Pradesh 41459/24/1/2010 814 Failure In Taking 1,00,000 28/03/2013 Proof of payment
69. Uttar Pradesh 30217/24/2002- 301 Death in judicial cus- 10,000 20.02.2008 Compliance re-
2003-cd tody (intimation) port is awaited.

70. Uttar Pradesh 39058/24/2003- 813 Killing of by police 600000 27.07.2009 Proof of pay-
2004 (FC) in Fake Encounter (3,00,000/- each ment awaited
(Complaint) 2 persons) in respect of de-
ceased Prabhat
Kumar
71. Uttar Pradesh 37802/24/2006- 809 Alleged torture by 25000 24.08.2009 Proof of payment
2007 police (Complaint) awaited
M-5
72. Uttar Pradesh 38166/24/2006- 301 Death in Judicial Cus- 100000 31.10.2009 Proof of payment
2007-cd M-5 tody (Intimation) awaited


Western Region Public Hearing on Right to Health Care
Recommendations for the State of GUJARAT Emerging from
Sessions on 7 January 2016, Regarding Systemic Issues and Cases
Studies on Right to Health Care
A. Case Studies Presented on Health Rights of Specific Groups

of People, or Related to Specific Schemes from Various
States
I. Denial of health rights to workers under ESI scheme

Recommendation :
(i) ESI Corporation must ensure adequate number of dispensaries in

the State of Gujarat, and should promptly fill all sanctioned posts so
that health rights of all covered workers may be ensured. The State
may upgrade ESI hospitals at major urban centres like Vadodara
to ensure that they are properly equipped with ventilators and
other necessary equipment, so that referrals to General hospitals
may be minimised.
II. Denial of Services Related to Mental Health Issues

Recommendations :
(i) Gujarat State Government must ensure accessibility of diagnostic

care for mental health problems at the district hospital level, with
support for transport and care.
(ii) Gujarat State Government must make available free medication for
mental health patients at Community Health Centre (CHC) level
hospitals, with a provision for reimbursement of out of pocket
expenditure to patients due to non availability of medicines in
CHC.

335
(iii) Mental health services be included in State level schemes for

cashless treatment, and that community based mental health
programmes, including rehabilitation of patients, be designed
with community engagement.
B. Presentations on Systemic Issues Related to Various States
I. Women’s Access to Health Care
Recommendations :
(i) In the context of Gujarat, community based Maternal Death Reviews

(MDR) / Social autopsies of maternal deaths with community and
civil society participation should be institutionalised. States may
incorporate NGO representatives in the District MDR committees,
and should publish yearly reports.
(ii) State Health Department should ensure that skills and

understanding of peripheral health workers, regarding various
forms of discrimination and vulnerability faced by women
in context of maternal health, need to be improved through
appropriate capacity building. This would enable these issues to
be factored into birth preparedness plans, health care delivery
and follow up plans for women during pregnancy and delivery.
(iii) State Health Department should ensure adequate blood

availability, to avoid denial of delivery services to women in rural
health centres. Ensuring blood availability should not be treated
as merely the responsibility of the family. Appropriate steps
may be taken by the State Government to adopt the National
Blood Policy, along with implementation of Indian Public Health
Standards (IPHS) regarding blood availability in all public health
facilities. It is recommended that the State Health Department

336
may evaluate the option of Unbanked Direct Blood Transfusion to

ensure availability of blood especially during emergencies.
(iv) Hospitals empanelled for maternal health care services under the
Chiranjeevi Yojana in Gujarat should ensure timely, safe, free and
accompanied referral to higher facility, in case of emergencies
which cannot be handled at their level.
(v) In case of denial of maternity services in public facilities, if women

are forced to avail of private services for delivery, then in keeping
with the Janani Shishu Suraksha Karyakram (JSSK) entitlements,
free delivery care should be ensured in such cases also.
(vi) There should be a system of regular participatory monitoring of

the Janani Shishu Suraksha Karyakram (JSSK) in western region
States, and of the Chiranjeevi scheme in Gujarat, which provide
entitlements for maternal health care. State should consider
adopting a women-friendly grievance redressal mechanism for
JSSK, and also for Chiranjeevi scheme. This should be accompanied
by access to relevant medical records.
(vii) State Health Department should ensure that regular audit of

referrals related to delivery care and maternal health care must be
undertaken, and the State may implement a protocol for referrals.
(viii) State Health Department should ensure that free sonography

services must be available at the level of Community Health
Centres (CHCs) and Sub-Divisional Hospitals. State should also
ensure that appropriate and prompt compensation is provided
to women where these services are not available, and women
are forced to access this essential service from the private sector.
State may also consider operationalising arrangements with

337
locally available radiologists in the private sector, engaging them

to provide sonography services in those public hospitals which do
not presently have radiologists.
II. Human Resource Shortages in Rural Health Services
Recommendations :
(i) To ensure regular presence of doctors in all Primary Health

Centres and rural health facilities, the Government may make it
compulsory for all freshly graduated doctors to work in Public
rural health services for at least 3 years, which should be made a
pre-requisite for licence to practice.
(ii) To ensure improved presence of health services staff in rural areas,

State Health Department may consider adopting the current model
of staff placement being implemented in Karnataka, wherein
transfer and posting is linked with a well-defined, transparent
web-based system, and is accompanied by individual counselling
with staff, while deciding on postings and transfers.
III. Role of Public Bodies in Redressing Denial of Patients Rights in Private

Medical Sector
Recommendation :
(i) State Government of Gujarat may act speedily to either adopt the
central Clinical Establishments Act (CEA), or enact a similar State
CEA, while ensuring inclusion of specific provisions for protection
of patients’ rights and grievance redressal mechanism for patients
who seek care in private hospitals.


338

Recommendations for the State of MAHARASHTRA Emerging from
Sessions on 7 January 2016, Regarding Systemic Issues and Cases Studies
on Right to Health Care
C. Case Studies Presented on Health Rights of Specific Groups

States
III. Denial of health rights to workers under ESI scheme in

Maharashtra
Recommendation :
(ii) Appropriate action be taken by ESIC Maharashtra to ensure
prompt and effective coverage of all eligible workers, so that they
can gain access to all ESI health services and entitlements.
IV. Community Based Monitoring of Health Services in

Maharashtra
Recommendation :
(i) Community based monitoring be expanded and strengthened
in Maharashtra, in line with the mandate and support for this
activity being given by the National Health Mission. The State
Government may also prioritise regular functioning of the State
level committees that have been formed to support this process.
V. Denial of Right to Health Care for Persons Living with HIV

AIDS
Recommendations :
(i) Maharashtra State Government must make adequate budgetary
provisions for the crucial targeted intervention programme for
persons living with HIV AIDS.

339
(ii) Maharashtra State Government must ensure time bound and

regular release of the budget, so that shortage of key supplies
would be avoided in future.
VI. Denial of Right to Free Health Care to Poor Patients under

the Charitable Trust Hospitals Scheme
Recommendations :
(i) Maharashtra State Government may set up an effective,
accountable and publicly accessible mechanism for monitoring of
the charitable trusts hospital scheme across the State.
(ii) Maharashtra State Government may set up a Grievance Redressal

System, with a provision for complaint tracking in the context
of expected free / concessional services to be provided by Trust
hospitals.
(iii) Maharashtra State Government may set up a real time website and
call centre helpline, to provide information to public about real
time availability of free and concessional beds in every charitable
trust hospital involved in this scheme.
D. Presentations on Systemic Issues Related to Various States
IV. Women’s Access to Health Care

Recommendations :
(ix) In the context of Maharashtra, community based Maternal
Death Reviews (MDR) / Social autopsies of maternal deaths
with community and civil society participation should be
institutionalised. States may incorporate NGO representatives in
the District MDR committees, and should publish yearly reports.
(x) State Health Department should ensure that skills and


340

(xi) State Health Department should ensure adequate blood

may be taken by the State Governments to adopt the National
facilities. It is recommended that the State Health Departments
(xii) In case of denial of maternity services in public facilities, if women

(xiii) There should be a system of regular participatory monitoring of

States, which provide entitlements for maternal health care. States
should consider adopting a women-friendly grievance redressal
mechanism for JSSK in various States. This should be accompanied
by access to relevant medical records.
(xiv) State Health Department should ensure that regular audit of


341
(xv) State Health Department should ensure that free sonography

Centres (CHCs) and Sub-Divisional Hospitals. The State should
The State may also consider operationalising arrangements with
V. Human Resource Shortages in Rural Health Services

Recommendations :
(iii) To ensure regular presence of doctors in all Primary Health Centres
and rural health facilities, the Government of Maharashtra may
make it compulsory for all freshly graduated doctors to work in
Public rural health services for at least 3 years, which should be
made a pre-requisite for licence to practice.
(iv) To ensure improved presence of health services staff in rural areas,

VI. Role of Public Bodies in Redressing Denial of Patients

Rights in Private Medical Sector
Recommendations :
(ii) Maharashtra State Government may conduct a review of the
patient grievance redressal mechanism of the Maharashtra

342
Medical Council, especially keeping in view its large pendency of

cases. Based on this, the Government may consider taking steps
for expansion and re-structuring of the ethics committee of the
Maharashtra Medical Council, to make this body more effective
in addressing patients complaints related to private doctors.
One option may be for State Medical Council to set up a separate
tribunal to deal with patients complaints. Such a tribunal could
include appropriate non-medical persons such as retired judges.
(iii) Maharashtra State Government may conduct an independent

review of the mechanism being implemented by J. J. Hospital,
Mumbai for screening complaints by patients desiring to file FIRs
against any private hospital in Mumbai. It needs to be ensured
that this mechanism is fully transparent, time bound and patient-
friendly. It is recommended to the Maharashtra State Government
to ensure that patient complaints, which are intended for filing
FIRs against private hospitals, are screened in a time bound
manner within 7 days. It is recommended to consider inclusion
of non-medical experts such as a retired judge in the screening
panel, to ensure fairness during the screening process, and to
arrange periodic rotation of responsibility among various public
hospitals for screening of such complaints.
(iv) The State Government of Maharashtra act speedily to either adopt

the central Clinical Establishments Act (CEA), or enact a similar
State CEA, while ensuring inclusion of specific provisions for
protection of patients’ rights and grievance redressal mechanism
for patients who seek care in private hospitals.


343

Recommendations for the State of RAJASTHAN Emerging from Sessions
on 7 January 2016, Regarding Systemic Issues and Cases Studies on
Right to Health Care
E. Case Studies Presented on Health Rights of Specific Groups

States
VII. Ensuring Access to Health Services for Brick Kiln Workers

in Rajasthan
Recommendations :
(i) Provision be made for Mobile medical units, in order to ensure
outreach of health services to the migrant population of brick kiln
workers in various districts of Rajasthan, with a special focus on
mother and child care services.
(ii) Periodic visits of ASHA and ANMs, registration of pregnant

mothers, organisation of Health camps and MCHN (Mother &
Child Health Nutrition) days should be organized periodically at
the brick kiln sites.
(iii) The State may involve civil society organisations in implementing

an appropriate monitoring mechanism in various Districts, to
ensure effective outreach of essential health services to brick kiln
workers.

344
VIII. Community Based Monitoring of Health Services in

Rajasthan
Recommendation :
(ii) Community based monitoring should be restarted by the State
Government and State Health Mission in Rajasthan, including active
involvement of appropriate NGOs and civil society organisations.
IX. Concerns Expressed due to Existing and Emerging PPP

(Public Private Partnerships) in Health Sector in Rajasthan
Recommendations :
(i) Rajasthan Government should ensure that any model of PPP
(Public Private Partnerships) in healthcare should presently be on
a short term and experimental basis, with stringent monitoring
mechanisms and accountability indicators in place, while ensuring
that this arrangement will not lead to any healthcare rights violation.
The Government may conduct systematic scrutiny of any private
bodies being contracted for operating public health facilities, prior
to engaging with them in any partnership arrangement. For the
Government of Rajasthan, the first priority for provision of health
services to people must be through strengthened, improved and
expanded Public Health services, in preference to outsourcing of
services to private providers.
X. Denial of Right to Health Care for Persons Living with HIV

AIDS in Rajasthan
Recommendation :
(iii) Adequate number of ART centres, second line medicines and key
tests such as viral load test should be made available in Rajasthan.
ART centres and HIV related tests should be made available at all
medical colleges in the State.

345
F. Presentations on Systemic Issues Related to Various States
VII. Women’s Access to Health Care

Recommendations :
(xvi) State Health Department should ensure that skills and
(xvii)
State Health Department should ensure adequate blood
may be taken by the State Government to adopt the National
facilities. It is recommended that the State Health Department
(xviii) In case of denial of maternity services in public facilities, if women

(xix) There should be a system of regular participatory monitoring of


346
States, which provide entitlements for maternal health care. States

should consider adopting a women-friendly grievance redressal
mechanism for JSSK. This should be accompanied by access to
relevant medical records.
(xx) State Health Department should ensure that regular audit of

(xxi) State Health Department should ensure that free sonography

Centres (CHCs) and Sub-Divisional Hospitals. States should
States may also consider operationalising arrangements with
VIII. Human Resource Shortages in Rural Health Services

Recommendations :
(v) To ensure regular presence of doctors in all Primary Health
Centres and rural health facilities, the State Government may
make it compulsory for all freshly graduated doctors to work in
Public rural health services for at least 3 years, which should be
made a pre-requisite for licence to practice.
(vi) To ensure improved presence of health services staff in rural areas,


347

IX. Role of Public Bodies in Redressing Denial of Patients

Rights in Private Medical Sector
Recommendation :
(v) Government of Rajasthan should promptly bring private hospitals
in the State under the Clinical Establishments Act (CEA), starting
by registering such hospitals under the Act, if not already done.
The State Government should also ensure that the State Rules
under CEA are notified at the earliest.


348
NHRC Sought the Intervention of the Supreme Court on Following

13 Imperative Issues with the Objective of Seeking Suitable
Directions for the Central and State Governments Whereby
Remedial Action is Taken to Improve the Existing Situation in
Mental Health Care Institutions
• Need to undertake a country wide epidemiological survey to identify
the magnitude of the problem of mental health and evolve a perspective
plan covering the task, financial implications, time-frame, etc. keeping in
view the present as well as future requirement of the problem.
(Action : Ministry of Health and Family Welfare, Government of India)
• As the mental health institutes/hospitals are facing serious financial

constraints as adequate resource allocation is not being made to
meet their requirements, the Central and State Governments should
accord priority in allocation of financial resources both for the regular
maintenance and upgradation of the physical infrastructure of these
institutes/hospitals.
(Action : Ministry of Health and Family Welfare, Government of India

and State Governments)
• Lack of adequate administrative and financial powers to the Directors and

the Superintendents of the Mental Hospitals are seriously affecting their
functioning, these institutions should be made completely autonomous
in managing their own affairs.
(Action : State Governments)
• Existing State run mental hospitals should be converted into Teaching-

cum-Training Institutes with adequate financial and manpower
resources.

349

• The concerned State Governments may be directed to sanction

medical and para-medical manpower to these institutions/hospitals as
recommended by the NHRC, without delay.
(Action : State Governments)
• Sufficient number of seats may be created in medical colleges in MD

Psychiatry, M. Phil in Clinical Psychology and Psychiatric Social Work by
relaxing the existing norms of Medical Council of India.
(Action : Ministry of Health and Family Welfare, Government of India)
• There is need to train an integrated team of Psychiatrists, Neurologists,

Neurosurgeons, Clinical Psychologists, Psychiatric Social Workers,
Nurses and other personnel required to manage mental hospitals,
Medical College Hospitals & District Hospitals in the country.

• Central and State Governments should include short term programmes

in Psychiatry of 3 to 12 months duration for their medical officers in
established hospitals so that every district may be provided with a
trained doctor where there are no psychiatrists available
(Action: Ministry of Health and Family Welfare, Government of India and

State Governments).
• Psychiatry and mental health care should be made a compulsory

independent subject in the MBBS examination so that the young medical
professionals become capable of identifying the problem at the initial
stage itself.

350
(Action: Ministry of Health and Family Welfare, Government of India)
• Every State/Union Territory must have at least one mental health hospital
fully equipped with latest equipments, a well-developed infrastructure
and sufficient medical and para medical manpower as per the norms.
(Action: State Governments).
• Every State Government should set up an institutional mechanism for

designing Information, Education and Communication (IEC) messages
on mental health in the local language and disseminate the same among
the masses.
• Removal of all the deficiencies in the existing mental health hospitals

w.r.t. living conditions, providing nutritious and balanced food, water
supply, cleanliness and hygiene, environment, sanitation, recreation,
etc. in a time bound manner must receive top attention of the concerned
State Government/Union Territory Administration.
• A national data base of services and human resource manpower on

mental health care should be created by the Central Government which
should be periodically updated.
(Action: Ministry of Health and Family Welfare, Government of India).


351

Recommendations of the Meeting of State Health Secretaries
on Mental Health Care Held on 4 September 2015 in New Delhi
• Non-communicable diseases like cancer, diabetes, cerebral stroke, cardio
vascular diseases, chronic pulmonary diseases, etc are getting much
more attention, within the medical community and in the media. At the
same time, one finds a gross lack of attention on mental health issues,
which is a matter of great concern. The problems related to mental
health deserve much greater attention and need more discussion in the
society.
• There is a need to strengthen the five aspects regarding mental health

care. These are; (a)human resources, of which, at present there is a
significant shortage; (b)treatment linkages, that is linkages with other
specialists like neurologists, anaesthetists, etc; (c)inter-sectoral action,
that is promoting the fact that mental health care is not the responsibility
of the medical community alone, but also that of the departments of social
welfare, revenue, police and judiciary; (d)institutional framework, both at
the Central and State Government level, civil society, State Legal Services
Authority (SLSAs), NHRC, SHRCs etc.; and (e)physical infrastructure, in
the field of mental healthcare. All these 5 pillars of mental health care
must be fortified and nurtured simultaneously.
• There is a need for developing guidelines on the standards of treatment

in the field of Mental Health Care and NIMHANS may take a lead in this
direction.
• There is an under-utilisation of funds by States/UTs Government,

including for infrastructural and manpower development. To this end,
all state governments must initiate a quarterly review by State Health

352
Secretaries so that responsibility and accountability may be clearly fixed.
• The Ministry of Health & Family Welfare, Government of India, should

consider for extending the DMHP to a minimum period of 10 years so
that funds availability for this programme is assured.
• While the popular perception is that States are inefficient in so far as

utilisation of funds is concerned, there are also certain impediments
which the States face which must be recognised and attempts should
be made to resolve these problems. There are several instances when
there is delay in approval of funds and consequent delay in release of
funds, delay in hiring manpower leading to under-utilisation of funds.
This problem thus, needs to be addressed both, at the Central and State
levels.
• Funds are difficult to access and are mired in bureaucracy, thus, causing
delayed receipt of funds, irregular dispersal of funds as well as other
administrative bottlenecks. This needs to be addressed jointly by the
Centre and States.
• Training is a vital requirement in mental healthcare. All general medical

practitioners must be provided training on basic mental healthcare so as
to deal more effectively with the demands of mental health treatment.
• During visits to mental healthcare institutions, it has been observed that

healthcare staff, such as, nurses, were being transferred across general
and mental healthcare institutions/hospitals, and that these nurses had
not necessarily received any specialised training on mental healthcare.
This is an issue that requires immediate attention and specialised
training on mental healthcare must be provided to medical staff who are
likely to be transferred from general to mental healthcare institutions.

353
• Mental hospitals across the country must be converted to Mental Health

Institutions and be enabled to develop the capacity to initiate their own
academic courses and other training programmes for students and
mental healthcare professionals.
• There is need to train civil servants regarding the aspects of converging

mental health with other areas like Social Welfare, rehabilitation etc.
Convergence of DMHP with other flagship programmes like NRHM
should also be looked into seriously.
• There is a need for greater involvement of and better inter-ministerial

coordination between the Ministries of Health, Social Justice and
Empowerment, Education, Labour etc. to ensure more effective mental
health care in general and DMHP in particular.
• There is also a need for ‘action research’, which essentially means that
mental healthcare institutions must learn from their experiences and
put their learning back into action as a continual process of improvement
of their mental healthcare services. Thus, all research must be action
oriented.
• Training of mental healthcare professionals through the internet/online,

as is being currently done by NIMHANS, must also be looked into by the
Centre and States.
• Currently, the DMHP places too much stress on four categories of mental
healthcare professionals viz-a-viz Psychiatrists, Clinical Psychologists,
Psychiatric Social Worker and Psychiatric Nurses. We must consider
providing incentives to other categories of professionals such as ASHA
workers/ANMs etc. to get them involved in the implementation of the
DMHP, to ensure greater efficacy of service delivery and accessibility.

354
• There is an urgent need for decentralising the outreach programme

of DMHP to the PHC level. Special focus is required in the outreach
programme of DMHP in this respect.
• The Government of India must take steps to activate District Health

Societies and ensure that they take up the task of monitoring the
implementation of the DMHP.
• It is important for institutions such as the NHRC, India to shift focus

from the macro to the micro level – that is, from the level of policy and
programmes to the community level.
• One of the drawbacks of the DMHP in its present form is that it does
not lay adequate emphasis on the aspect of rehabilitation of mentally
ill persons who have received treatment and have been cured. Thus, the
aspect of rehabilitation under the DMHP requires to be strengthened.
• The issue of livelihood must be linked to the treatment and rehabilitation

of mentally ill persons.
• There is a need to innovate and fine-tune the DMHP when applying it to

urban areas so as to meet specific urban needs which may differ from
rural requirements.
• The GOI must consider bestowing upon IHBAS the status of a National
Institution like NIMHANS, thus, providing States in the North Region an
example to look upto, collaborate with and emulate with a view towards
strengthening their respective mental healthcare systems.
• States and UTs must consider adopting some of the good practices which
have been seen in the State of Tamil Nadu regarding implementation of
the DMHP, as well as setting up of (a) Family Federations, which act

355
as support groups for families who have members who suffer from
mental illness; (b) Women Self Help Groups, comprising Mothers and
Care Givers from such families, who are engaged in microeconomic
activities which enable such families to provide for finances to take
care of treatment expenses of their family members; (c) Job Fairs for
cured mentally ill persons; (d) coverage for employment under the
MGNREGA for persons with mental illness, and (e) the Engagement
of Religious Leaders in spreading awareness among families of
those suffering from mental illness about scientific mental healthcare
treatment and perhaps also collaborating with them for extending
requisite facilities to mental health patients, as has been demonstrated
by the Erwadi Dargah Committee, Tamil Nadu.
• There is a need to put together the best practices of all States with respect
to mental healthcare in general and the DMHP in particular, in the form
of a booklet for dissemination and generating greater awareness.
• It is vital that the partnership between the public and private sectors be
enhanced so as to bridge the treatment gaps which exist in the area of
mental healthcare.
• There is a need to strengthen the NGO support base in the mental

healthcare sector so that these NGOs may act as an effective interface
between the Government and people and help strengthen the overall
service delivery of mental healthcare services. NGO support and
partnership with the Government will be vital for the long-term
sustainability and efficacy of the DMHP.
• A major challenge to the mental healthcare sector is the issue of homeless

mentally-ill persons. There is need to pay special attention to this section
of mentally ill persons, who are perhaps amongst the most vulnerable.

356
• The GOI must develop clear guidelines on salaries of various categories

of mental healthcare professionals who are generally hired on contract
and paid low wages. There is also need to ensure regular disbursement
of funds for this purpose. So that this may act as an incentive to draw
more professionals into the public mental healthcare sector.
• Provision should be made for free distribution of psychotropic drugs to

mentally ill persons at district/ CHC level across the all States.
• There should be a provision of single window programme for

identification of disabilities at Block Level including mental illness.
• Private Sector General Practitioner’s (GPs) should be involved in mental

health care as for as possible.
• There is a need for shift in training of mental health professionals to

mental issues relating to simpler mental disorders such as stress, anxiety,
etc.


357

Status of the Training Programmes Conducted during Financial Year
2015-2016
Sl. Name of the Institu- Topic of the Pro- Programme Number of
Category
No tion / Organization gramme Date participants
1 University/ DBS (PG) College, Deh- One (One day) 18.12.2015 100
College radun, Uttarakhand Training Pro-
gramme on Rights
of Women
2 University/ Bharti Vidyapeeth Uni- One (One day) 21.8.2015 100
College versity, Abhijit Kadam Training Pro-
Institute of Manage- gramme on Hu-
ment & Social Sciences, man Rights
Solapur Maharashtra
3 NGO Ekla Chalo, Balibhara, One (One day) 04.7.2015 100
Uttarpara, Near Nabin Basic Training
Sangh Club, PO Naba- Programme on
nagar, West Bengal Human Rights
4 University/ Christian College, Chen- One (One day) 22.7.2015 100
College gannur, Kerala Training Pro-
gramme on Hu-
man Rights
5 University/ Christian College, Thiru- One (One day) 18.8.2015 100
College vananthapuram, Kerala Training Pro-
gramme on Hu-
man Rights
6 University/ Mar Baselios Institute One (One day) 05.8.2015 100
College of Technology, St. John’s Training Pro-
College Campus, Kollam, gramme on Hu-
Kerala man Rights
7 PTI Directorate General, Four (One day) 20.8.2015, 50+50+50+
East Block-V, Sashastra Training Pro- 26.8.2015, 50= 200
Seema Bal (SSB), R. K. gramme on Hu- 17.8.2015 &
Puram, New Delhi man Rights 21.8.2015

358

Category
8 NGO Tirumala Education & One (One day) 14.7.2015 100
Social Welfare Society, Basic Training
SS Front Road, Bijapur, Programme on
Karnataka Human Rights
9 PTI Subsidiary training Cen- One (One day) 15.01.2016 50
tre, BSF, Humhana New Basic Training
Airport Road, Sri nagar, Programme on
J&K Human Rights
10 PTI Training Centre & Three (One day) 27.8.2015; 175+175+
School, BSF, Post Meru, Training Pro- 14.10.2015; & 175= 525
Distt. Hazaribagh, gramme on Hu- 09.12.2015
Jharkhand man Rights
11 PTI Subsidiary Training One (One day) 28.9.2015 50
Centre, BSF, Udhampur, Basic Training
Jammu & Kashmir Programme on
Human Rights
12 PTI Punjab Police Academy, One (Two days) 3-4.12.2015 50
Phillaur, Jalandhar, Advance Level
Punjab Training Pro-
gramme on Hu-
man Rights
13 University/ National Law Univer- One (Two days) 18- 146
College sity, Mandore, Jodhpur, Advance Level 19.09.2015
Rajasthan Training Pro-
gramme on Hu-
man Rights
14 University/ Rajiv Gandhi National One (One day) 17.10.2015 100
College University of Law, Pa- Training Pro-
tiala, Punjab gramme on Rights
of Child

359

Category
15 University/ Mahapurusha Srimata One (Two days) 3-4.9.2015 100
College Sankardeva Viswavidya- Advance Level
laya (MSSV), Haladhar Training Pro-
Bhuyan Path, Kalongpar, gramme on Hu-
Nagaon, Assam man Rights
16 University/ Jawaharlal Nehru Raj- One (One day) 17.2.2016 100
College keeya Mahavidyalaya, Basic Training
Port Blair, Andman & Programme on
Nicobar Island Human Rights
17 University/ Department of Law, One (One day) 9.12.2015 200
College University of Jammu, Basic Training
Jammu & Kashmir Programme on
Human Rights
18 University/ Mahatma Gandhi Antar- One (One day) 3.10.2015 100
College rashtriya Hindi Vish- Training Pro-
wavidyalaya, Gandhi gramme on Hu-
Hills, Wardha, Maha- man Rights
rashtra
19 University/ Walchand College of One (One day) 5.2.2016 100
College Arts & Science, Solapur Training Pro-
University, Solapur, Ma- gramme on Hu-
harashtra man Rights
20 University/ Bharat Sevak Samaj, Ma- One (One day) 5.8.2016 100
College nipur Branch, Assembly Training Pro-
Road, Imphal, Manipur gramme on Hu-
man Rights
21 NGO Welness Solutions, One (One-Day) 8.8.2015 150
Tharayil Building, Training Pro-
Kundannur, Kochi, gramme in Pre-
Kerala vention and Man-
agement of Life
Style Diseases

360

Category
22 NGO All India Lawyers Union, One (One-Day) 12.9.2015 100
“Thusharam”, St. Vin- Training Pro-
cent Road, Kochi, Kerala gramme on Hu-
man Rights Viola-
tion in Criminal
Investigation
23 University/ JSS Law College (Auton- One (One-Day) 07.11.2015 100
College omous) New Kantharaje Basic Training
Urs Road, Kuvempuna- Programme on
gar, Mysore, Karnataka Human Rights
24 University/ Karnataka State Law One (One-day) 31.10.2015 100
College University Basic Training
Navanagar, Hubli, Kar- Programme on
nataka Human Rights
25 University/ Department of Political One (One-Day) 31.10.2015 & 100 + 185
College Science, Shivaji Univer- Basic Training 3.11.2015
sity, Kolhapur, Maha- Programme on
rashtra Human Rights &
One (One-Day)
Training Pro-
gramme on Rights
of Women
26 University/ Chanakya National Law One (One-Day) 27.11.2015 100
College University Training Pro-
Nyaya Nagar, Mithapur gramme on Hu-
Patna, BIHAR man Rights for
Police Personnel
27 University/ Vidyavardhaka Law One (One-Day) 31.10.2015 200
College College Sheshadri Iyer Training Pro-
Road, Mysore Karnataka gramme on Hu-
man Rights

361

Category
28 ATI Mahatma Gandhi State Three (One-Day) 1- Day = 1-Day = 56+
Institute of Public Basic Training 27.7.2016, 50 + 43, 2
Administration, Sector - Programmes on 05.08.2016 Day = 51 and
26, Chandigarh Human Rights; & 26.9.2016, 3-Day = 40
One (Two-Days) 2-Day = 20-
Advanced Level 21.11.2016
Training Pro- and 3-Day=
gramme on 30.01.2017-
Human Rights; 01.02.2017
and One (Three-
Days) Training of
Trainers (TOT)
Programme on
Human Rights
29 ATI Dr. MCR Human Re- Two (One-Day) 18.11.2015 & 50
source Development Basic Training 22.12.2015 to
Institute of Telangana, Programmes on 23.12.2015
Road No.25, Jubilee Human Rights;
Hills, Hyderabad, Telan- Two (Two-Days)
gana Advanced Level
Training Pro-
grammes on
Human Rights;
and One (Three-
Days) Training of
Trainers (TOT)
Programme on
Human Rights

362

Category
30 PTI Rajasthan Police Acad- One (1-day) 17.11.2015, 50+50+50
emy Training Pro- 15-
Panipech, Nehru Nagar, gramme; One (2- 16.12.2015
Jaipur, Rajasthan days) Advanced and 19-
Level Training 21.01.2016
Programme and
One (3-days)
Training of Train-
ers Programme
on Human Rights
31 PTI Police Training School, One Day Basic 12.12.2015 100
Puducherry Training Pro-
gramme on Hu-
man Rights to the
Police Personnel
32 ATI Indian Institute of One (one-day) 11.7.2016 100
Public Administration Basic Training
(IIPA), Puducherry Programme on
Local Branch, No.3, IV “Human Rights”
Floor, PWD Building, Le
Eveche Street, Puduch-
erry
33 PTI Sher-I-Kashmir Police One (One) day 01.02.2016; 150
Academy Basic Programme 08.02.2016-
Udhampur, Jammu, on Human Rights; 10.02.2016;
Jammu & Kashmir One (Three) and
days Training of 23.02.2016-
Trainers (TOT) 24.02.2016
Programme on
Human Rights;
and One (Two)
days Advance
Level Programme
on Human Rights

363

Category
34 University/ Hamida Girls’ Degree One (One-Day) 28.11.2015 100
College College Training Pro-
Sultanpur Bhawa, Noor- gramme on Hu-
ullah Road man Rights
Allahabad, Uttar
Pradesh
35 University/ Raja Shripatrao Bhaga- One (one-day) 23.12.2015 100
College wantrao Mahavidyalaya, Basic Training
Aundh, Taluka-Khatav, Programme on
District: Satara, Maha- Human Rights
rashtra
36 University/ Periyar EVR College One (one-day) 6.1.2016 100
College Tiruchirappalli, Basic Training
Tamil Nadu Programme on
Human Rights
37 University/ Women’s Studies Cen- One (one-day) 17.12.2015 100
College tre, Vidyasagar Univer- Basic Training
sity Programme on
Midnapore, West Bengal Human Rights
38 University/ Faculty of Social Work, One (one-day) 2.1.2016 100
College Maharaja Sayajirao Basic Training
University of Baroda, Programme on
Opposite Fatehgunj Post Human Rights
Office
Vadodara, Gujarat
39 University/ School of Youth Empow- One (one-day) 10.12.2015 100
College erment Basic Training
Madurai Kamaraj Uni- Programme on
versity, Human Rights
Palkalai Nagar, Madurai,
Tamil Nadu

364

Category
40 University/ Maharaja Ganga Singh One (one-day) 25.1.2016 100
College University Basic Training
NH-15, Jaisalmer Road Programme on
Bikaner, Rajasthan Rights of Women
41 University/ Department of Eco- One (one-day) 16.12.2015 100
College nomics, Amal College Basic Training
of Advanced Studies, Programme on
Malappuram, Kerala Human Rights
42 University/ S.B.C. First Grade Col- One (one-day) 30.1.2016 100
College lege for Women, S.S. Basic Training
Layout, ‘A’ Block Programme on
Davangere, Karnataka Rights of Women
43 University/ VIT Business School, One (one-day) 13.11.2015 100
College VIT University, Vanda- Training Pro-
lur, Kelambakkam Road, gramme on Rights
Chennai, Tamil Nadu of Women
44 University/ Dhempe College of Arts One (One-Day) 29.02.2016 100
College & Science Training Pro-
Miramar, Panjim, Goa gramme on Hu-
man Trafficking
45 University/ Good News Welfare One (one-day) 21.01.2016 100
College Society’s Basic Training
Arts & Commerce First Programme on
Grade College, Kalghata- Human Rights
gi, Karnataka
46 University/ MET Arts & Science One (one-day) 21.01.2016 100
College College Nadapuram, P.O. Basic Training
Kallachi Programme on
Kozhikode, Kerala Human Rights
47 University/ CSI Ewart Women’s One (One-Day) 17.12.2015 100
College Christian College, Training Pro-
Kanchepuram, Tamil gramme on Rights
Nadu of Women

365

Category
48 University/ Kasturbai College of One (One-Day) 10.12 2015 100
College Education Training Pro-
Seth Walchand Hi- gramme on Child
rachand Marg Rights
Ashok Chowk, Solapur
Maharashtra
49 University/ Christ University, Hosur
One (one-day) 10.12.2015 100
College Road, Bengaluru, Kar- Training Pro-
nataka gramme on Hu-
man Rights
50 University/ Central University of One (One-Day) 12.4.2016 100
College Haryana Training Pro-
Jant-Pali, Post: Pali gramme on Hu-
Mahendergarh, Haryana man Rights
51 University/ Central University of One (One-Day) 20.12.2015 100
College Punjab Basic Training
City Campus, Mansa Programme on
Road Human Rights
Bathinda, Punjab
52 University/ Hallo Swosti (NGO) One (One-Day) 19.12.2015 100
College AT/PO-Nischintakoili Basic Training
Cuttack, Odisha Programme on
Human Rights
53 University/ Law Centre-1 Three days - 18.03.2016 to 48 Teams
College University of Delhi NHRC sponsored 20.03.2016
Delhi-110 007 National Moot
Court Competi-
tion – 2016
54 University/ Maulana Azad National One (One-Day) 18.10.2016 115
College Urdu Univesity, Hy- Basic Training
derabad Programme on
Human Rights

366

Category
55 University/ Tamil Nadu Open Uni- Two (One-Day) 28.3.2016 & 200
College versity Training Pro- 30.3.2016
577, Anna Salai, Sai- gramme on Hu-
dapet, Chennai, Tamil man Rights for
Nadu Transgender and
students
56 University/ Shri D.H. Agrawal Arts, One (One-Day) 27.02.2016 100
College Shri Rang Avadhoot Training Pro-
Commerce & Shri gramme on Hu-
C.C.Shah & M.G. Agrawal man Rights for
Science College, Nav- Women
apur, District Nandur-
bar, Maharashtra
57 University/ Rajiv Gandhi University, One (One-Day) 15.3.2016 151
College Rano Hills, PO Doimukh, Training Pro-
Arunachal Pradesh gramme on Hu-
man Rights
58 University/ Shillong College, One (One-Day) 15.3.2016 100
College PO Laitumkhrah, Training Pro-
Shillong, gramme on Hu-
Meghalaya man Rights
59 University/ Lingaya’s Lalita Devi In- One (One-Day) 22.2.2016 100
College stitute of Management Training Pro-
& Science, Mandi Road, gramme on
Mandi, New Delhi-47 Human Rights
Awareness
60 University/ Maharishi Dayanand One (One-Day) 8.3.2016 100
College College of Education, Training Pro-
Near BSF, Hanumangarh gramme cum
Road, Abohar, Punjab National Seminar
on Human Rights

367

Category
61 University/ School of Management One (One-Day) 9.3.2016 100
College Studies, Kongu Engi- Training Pro-
neering College, Erode, gramme on Hu-
Tamil Nadu man Rights
62 NGO Human Rights Front, One (One-Day) 14.3.2016 100
Ganganagar, Bhubane- State Level Semi-
swar, Odisha nar cum Training
on Right to Health
Care
63 Govt. Org. Special Officer, Office One Day Sen- 25.02.2016 200
of the Special Officer to sitization Pro-
Report on Constitution gramme on
of Regulatory Board for Human Rights for
Protection of the Rights Senior Citizens
of Senior Citizens,
Kochi, Kerala
64 Govt. Org. CBI Academy, One (Five-days) 28.3.2016 to 20
Ghaizabad, Uttar Basic Investiga- 01.4.2016
Pradesh tion Techniques
and related Top-
ics” for 20 Offic-
ers of NHRC


368

NHRC Letter to the Chief Secretaries of all States to Create a Favorable
Environment for the Functioning of the Human Rights Defenders
LD/MISC/CD-2013 11th December 2013
Dear
During the visits of the National Human Rights Commission lo various

States in the country, the NGOs and Human Rights Defenders have drawn the
attention of the Commission to the functional environment in the Stales being
not very conducive to their work. They have alleged that functionaries of NGOs
and Human Rights Defenders are being threatened and some times have been
physically manhandled by the Stale authorities It has been stated by them that they
live in constant feaf of being implicated in false cases. These issues have also been
discussed with the State Government officers during the Commission meetings.
Open hearings and Camp sittings.
It would, therefore, be of immense help if State Government functionaries are

sensitized about the problems being faced by NGOs and Human Rights Defenders.
The latter should be treated as partners in bringing about a positive change in the
human rights environment in the States.
Yours sincerely,
Sd/-
(Parvinder Sohi Behuria)
To.
Chief Secretaries of all States/UTs

369

NHRC Message on 9th December 2015 (Human Rights Defenders Day)
Pledging Continued Support to the Human Rights Defenders
MESSAGE
By Resolution A/RES/53/144 dated 9th December, 1998, the General Assembly
of the United Nations adopted the Declaration on the Right and Responsibility
of Individuals, Groups and Organs of Society to Promote and Protect Universally
Recognized Human Rights and Fundamental Freedoms, popularly known as “the
Declaration on Human Rights Defenders”. Significantly, the Declaration on Human
Rights Defenders was adopted on the occasion of celebrating the 50th anniversary
of the Universal Declaration of Human Rights. 'Human Rights Defender" is a term
used to describe people who. individually or with others, act to promote or protect
human rights. The date on which the Declaration on Human Rights Defenders was
adopted i.e. “9th December” is traditionally observed as “the International Human
Rights Defenders Day”. The object of observing “9th December” as the Human
Rights Defenders Day is to highlight and recognize the important role being played
by Human Rights Defenders all over the world in the protection and promotion
of human rights. The National Human Rights Commission considers the Human
Rights Defenders as supporters, collaborators and partners in its endeavour to

370
promote and protect human rights. In this connection, it may be mentioned that
protection of human rights is a Constitutional value and a Constitutional goal in
India. As per the Constitution of India, the State has an obligation to protect human
rights and the citizen also has a duty to promote and protect human rights. Thus,
in India protection of human rights is not merely an obligation of the State, but it
is a duty of the citizen as well.
It is a matter of deep concern that in many countries, persons and organizations

engaged in promoting and defending human rights and fundamental freedoms
frequently face threats and harassment and suffer insecurity as a result of those
activities, including through the curtailment of freedom of association or expression
or the right to peaceful assembly or the abuse of civil or criminal proceedings. It
is also to be observed that women human rights defenders are at the risk of and
suffer from violations and abuses, including systematic violations and abuses of
their fundamental rights to life, liberty and security of person, to psychological and
physical integrity, to privacy and respect for private and family life and to freedom
of opinion and expression, association and peaceful assembly. They also experience
gender based violence, rape and other forms of sexual violence, harassment and
verbal abuse and attacks on reputation, online and offline, by State actors including
law enforcement personnel and security forces, and non-State actors such as those
related to family and community, in both public and private spheres The General
Manav Adhikar Bhawan, New Delhi-110 023

371
Assembly of the United Nations had to pass a Resolution on 18th December, 2013
for “Promotion of the Declaration on the Right and Responsibility of Individuals,
Groups and Organs of Society to Promote and Protect Universally Recognized
Human Rights and Fundamental Freedoms : protecting women human rights
defenders”.
Hence, on the occasion of observing Human Rights Defenders Day, I, on behalf of

the National Human Rights Commission, salute all the Human Rights Defenders
including the women human rights defenders in India and express solidarity with
them in their endeavour to protect and promote human rights. I appeal to the
Central Government and State Governments to take effective steps for protecting
the recognized rights of the human rights defenders. I also appeal to the citizens
of India to realize that they have a Constitutional duty to protect human rights and
that protection of human rights is impossible without protecting the human rights
defenders.
I wish to share with the esteemed human rights defenders the following
verses from the Bible: -
“Fortunate are those who hunger and thirst for justice, for they shall be
satisfied;

372
Fortunate are those who work for peace, they shall be called children of
God; Fortunate are those who are persecuted for the cause of justice, for
theirs is the kingdom of heaven:
(Gospel according to Saint Mathew, Chapter V)
The Human Rights Defenders are persons who hunger and thirst for justice and
who work for peace. Even if they are persecuted for the cause of justice, let us hope
that the kingdom of heaven will be theirs.
New Delhi Justice Cyriac Joseph

December 9, 2015 Acting Chairperson

373
Graphs & Charts

GRAPHS
&
CHARTS

375
Graph/Chart No. 1
STATE/UT-WISE NUMBER OF CASES REGISTERED
IN NHRC DURING 2015-2016

377
Graph/Chart No. 2
STATE/UT-WISE NUMBER OF CASES REGISTERED
IN NHRC DURING 2015-2016
(TOTAL NUMBER OF CASES REGISTERED = 117808)
OTHERS, 28436
UTTAR PRADESH,
49721
BIHAR, 4141
DELHI, 7626
HARYANA, 11606
ORISSA, 16278

378
Graph/Chart No. 3
STATE/UT-WISE GRAPH ON NUMBER OF CASES REGISTERED AS
SUO-MOTU COGNIZANCE IN NHRC DURING 2015-2016

379
Graph/Chart No. 4
STATE/UT-WISE CHART ON NUMBER OF CASES REGISTERED AS
SUO-MOTU COGNIZANCE IN NHRC DURING 2015-2016
(TOTAL NUMBER OF CASES REGISTERED AS SUO-MOTU COGNIZANCE=163)

380
Graph/Chart No. 5
STATE/UT-WISE GRAPH ON INTIMATIONS REGISTERED IN NHRC RELATING TO
CUSTODIAL DEATHS/RAPES DURING 2015-2016 (TOTAL CASES = 1823)

381
Graph/Chart No. 6
STATE/UT-WISE CHART ON INTIMATIONS REGISTERED IN NHRC
RELATING TO CUSTODIAL DEATHS/RAPES (JUDICIAL) DURING 2015-2016
(TOTAL NUMBER OF CASES OF CUSTODIAL DEATHS/RAPES (JUDICIAL)= 1670)

382
Graph/Chart No. 7
STATE/UT-WISE CHART ON INTIMATIONS REGISTERED IN NHRC
RELATING TO CUSTODIAL DEATHS/RAPES (POLICE) DURING 2015-2016
(TOTAL NUMBER OF CASES OF CUSTODIAL DEATHS/RAPES (POLICE) = 152)
MAHARASHTRA, 24
OTHERS, 76
UTTAR
PRADESH, 15
GUJARAT, 10
WEST BENGAL, 10
ASSAM, 9
BIHAR, 8

383
Graph/Chart No. 8
CASES TRANSFERRED BY NHRC TO SHRCs DURING 2015-2016

384
Graph/Chart No. 9
STATE/UT-WISE GRAPH ON NUMBER OF REPORT CASES* DISPOSED OF
BY THE NHRC DURING 2015-2016
DADRA & NAGAR... 1

DAMAN & DIU 2
ANDAMAN &... 2
SIKKIM 3
NAGALAND 4
MIZORAM 5
LAKSHADWEEP 6
GOA 8
TRIPURA 10
MEGHALAYA 13
FOREIGN... 14
CHANDIGARH 26
PONDACHERRY 30
MANIPUR 31
HIMACHAL... 55
JAMMU &... 67
ARUNACHAL... 71
TELANGANA 122
CHHATTISGARH 160
UTTARAKHAND 174
ASSAM 185
ANDHRA PRADESH 196
KARANATAKA 205
JHARKHAND 251
TAMIL NADU 258
GUJARAT 262
WEST BENGAL 280
PUNJAB 364
MAHARASHTRA 497
RAJASTHAN 510
BIHAR 511
MADHYA PRADESH 571
ORISSA 604
HARYANA 616
KERALA 680
DELHI 752
UTTAR PRADESH 4891
0 1000 2000 3000 4000 5000 6000
TOTAL CASES = 12437” (* INCLUDING CASES OF PREVIOUS YEARS ALSO)

385
Graph/Chart No. 10
CASES ‘DISMISSED IN LIMINE’ BY NHRC DURING 2015-2016

386
Graph/Chart No. 11
CASES ‘DISPOSED OF WITH DIRECTIONS’ (DWD)
BY NHRC DURING 2014-2015

387
Graph/Chart No. 12
CASES TRANSFERRED TO SHRCs BY NHRC DURING 2014-2015
TOTAL CASES = 24622

388
Graph/Chart No. 13
CASES DISPOSED OF BY NHRC DURING 2015-2016

389
Graph/Chart No. 14
Total Number of Cases Registered
(2013-2014 to 2015-2016)

390
Graph/Chart No. 15
NUMBER OF CUSTODIAL DEATHS/RAPES CASES
REGISTERED & DISPOSED OF DURING 2015-2016

391
Abbreviations
Abbreviations
AAY : Anthodya Anna Yojana
A.C.J.M. : Additional Chief Judicial Magistrate
Art. : Article
Arts. : Articles
ATR : Action Taken Report
ASI : Assistant Sub-Inspector
BPL : Below Poverty Line
CFNHRI : Commonwealth Forum of National Human Rights Institutions
COP 21 : 21st Conference of the Parties
Cr. P. C. : Criminal Procedure Code
CRPF : Central Reserve Police Force
DAP III BN. : Delhi Armed Police Third Battalion
DGP : Director General of Police
DM : District Magistrate
FIR : First Information Report
FSL : Forensic Science Laboratory
GANHRI : Global Alliance of National Human Rights Institutions
GD : General Diary
GPF : Gratuity Provident Fund
GRP : Government Railway Protection
HEP : Hydro-Electric Project
HQs. : Headquarters
ICC : International Coordinating Committee on Promotion and
Protection of Human Rights
IO : Investigating Officer
I&PRO : Information & Public Relations Officer
IPC : Indian Penal Code
JCL : Juveniles in conflict with law
JJR : Juvenile Justice (Care & Protection of Children) Rules
LFs : Linked Files

393
MACP : Assured Career Progress

MER : Magisterial Enquiry Report
MGNREG Scheme : Mahatma Gandhi National Rural Employment Guarantee
Scheme
MOs : Material Objects
NCR : National Capital Region
NCRB : National Crime Record Bureau
NCT : National Capital Territory
OBC : Other Backward Classes
PC & PNDT Act : Pre-conception & Pre-natal Diagnostic Techniques
(Prohibition of Sex Selection) Act, 1994
PD : Physical Drill
PDS : Public distribution system
PHR Act : Protection of Human Rights Act, 1993
PHRA : Protection of Human Rights (Amendment) Act, 2006
P.S./PS : Police Station
r/o : resident of
r/w : read with
RTE : Right to Education
s/o : son of
SC : Scheduled Castes
SDM : Sub-Divisional Magistrate
SHO : Station House Officer
SIG-I : Special Investigation Group - I
SMS : Short Message Service
SOG : Special Operations Group
SOPs : Standard Operating Procedures
ST : Scheduled Tribes
STF : Special Task Force
u/s : under section
w/o : wife of


394

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ANNUAL REPORT

National Human Rights Commission

Annual Report - 2015-2016

4. Death of Dineshwar Prasad Yadav in Central Jail, Dumka, 44

Annual Report - 2015-2016

Annual Report - 2015-2016

18. Death of a Poor Farmer due to Negligence of Electricity 78

Annual Report - 2015-2016

Annual Report - 2015-2016

4. Right Foot of Suresh Dharamdas Naik Amputated due 112

Annual Report - 2015-2016

CHAPTER 8 RIGHT TO EDUCATION 133

Annual Report - 2015-2016

1. Illegal Detention and Torture of a Scheduled Caste Person by 144

Annual Report - 2015-2016

CHAPTER 10 RIGHTS OF WOMEN AND CHILDREN 161

Annual Report - 2015-2016

7. Alleged Sexual Harassment of a Girl Student by a Teacher in a 174

Annual Report - 2015-2016

CHAPER 12 RIGHTS OF PERSONS WITH DISABILITIES 195

Annual Report - 2015-2016

M. All India Inter-Central Armed Police Forces’ Debate 227

Annual Report - 2015-2016

5. Refusal of Postal Authorities to Deliver Dak of Human Rights 236

Annual Report - 2015-2016

CHAPTER 15 INTERNATIONAL COOPERATION 243

Annual Report - 2015-2016

1 Statement Showing Number of Cases Registered from 01/04/2015 to 289

2 Statement Showing Disposal of Cases During 2015-2016 291

3 Statement Showing Number of Cases Pending as on 31/03/2016 293

4 Total Number of Cases Where NHRC Recommended Monetary Relief 295

6 Details of Cases Pending Compliance of NHRC Recommendations During 321

7 Details of Cases Pending Compliance of NHRC Recommendations From 325

8 Recommendations for the State of Gujarat Emerging from Sessions on 7 335

Annual Report - 2015-2016

9 Recommendations for the State of Maharashtra Emerging from Sessions 339

10 Recommendations for the State of Rajasthan Emerging from Sessions on 344

11 NHRC Sought the Intervention of the Supreme Court on Following 13 349

12 Recommendations of the Meeting of State Health Secretaries on Mental 352

13 Details of Training Programmes Organized During 2015-2016 358

Annual Report - 2015-2016

GRAPHS & CHARTS

1 State/UT-wise Graph on Number of Cases Registered in NHRC During 377

2 State/UT-wise Chart on Number of Cases Registered in NHRC During 378

3 State/UT-wise Graph on Number of Cases Registered as Suo-motu 379

4 State/UT-wise Chart on Number of Cases Registered as Suo Motu 380

5 State/UT-wise Graph on Intimations Registered in NHRC Relating to 381

6 State/UT-wise Chart on Intimations Registered in NHRC Relating to 382

7 State/UT-wise Chart on Intimations Registered in NHRC Relating to 383

8 Graph Relating to Cases Transferred by NHRC to SHRCs During 2015 384

Annual Report - 2015-2016

9 State/UT-wise Graph on Number of Report Cases Disposed of by the 385

10 Chart on Cases Dismissed ‘In Limine’ by NHRC During 2016-2016 386

11 Chart on Cases Disposed of with Directions by NHRC During 2015-2016 387

12 Chart on Cases Transferred to SHRCs by NHRC During 2014-2015 388

13 Chart Depicting Cases Disposed of by NHRC During 2015-2016 389

14 Graph Depicting Cases Registered by NHRC From 2013-2014 to 2015- 390

15 Graph Depicting Number of Custodial Deaths/Rapes Cases Registered 391

Annual Report - 2015-2016