Tuesday, August 14, 2012

Historical interim order of NHRC in field of child right

Case Details of File Number: 35679/24/72/2011
Diary Number25388
Name of the ComplainantDR. LENIN, EXECUTIVE DIRECTOR
Name of the VictimBOY
Date of Incident8/25/2011
Direction issued by the CommissionThe complainant in his E-mail complaint dated 27.08.2011 alleged that a Constable of Mirjamurad police station of Varanasi District sexually assaulted a deaf and dumb child in the police station premises. It has also been alleged that the child was continuously being exploited in the police station for the last four months. The Commission vide its proceedings dated 13.03.2012 observed and directed as under: - "The Director General of Police, Govt. of Uttar Pradesh vide letter dated 17.10.2011 followed by another letter dated 04.01.2012 informed that the allegation of sexual harassment was not found true but a penalty of censure has been imposed on Shri Dharmbir Singh, Sub-Inspector and Shri Anjani Kumar Paswan, Constable No. 325 for physically assaulting a deaf and dumb child and not taking appropriate action in the matter. Copies of the traders imposing the penalty have been enclosed. The Commission has considered the material placed on the record and finds that the deaf and dumb child was not only kept illegally in the police station for a long period but was also physically assaulted. This establishes serious violations of the human rights of the child by public servants of the State of Uttar Pradesh. Let a notice u/s 18 (a) (i) of the Protection of Human Rights Act, 1993 be issued to the Govt. of Uttar Pradesh, through its Chief Secretary, requiring him to show cause why compensation be not recommended to the victim for gross violation of his human rights by the policemen. The Director General of Police, Govt. of Uttar Pradesh be asked to inform regarding the rehabilitation of the child. A response is expected within eight weeks." Pursuant to the communications of the Commission, the Additional Director General of Police (Human Rights), Uttar Pradesh informed vide letter dated 09.05.2012 that as per orders of the Child Welfare Committee, counselling was conducted by Child Line, Branch Ram Nagar, Varanasi and the matter was published in the newspapers but nobody came forward to adopt the deaf and dumb child, who writes his name as 'Mashay'. The letter further states that the child has been kept in Netaji Subash Chandra Bose Sewa Samiti, Jagdishpur, Sultanpur as per the decision taken by the Committee. The Commission also received letter dated 30.05.2012 sent by Secretary, Home (Human Rights), Section - I, Government of Uttar Pradesh stating that the then SHO, Mirja Murad Police Station Shri Dhramveer Singh and Constable Anjani Kumar Paswan have been found guilty for assaulting the child and not taking legal action. A penalty of censure has been imposed upon both of them for their lapses in this regard. The letter further states that the family of the deaf and dumb child could not be traced therefore, it would not be appropriate to provide any interim relief in this matter. The Commission considered the reply of its show cause notice dated 21.03.2012 received from the Secretary, Home (Human Rights), Section - I, Government of Uttar Pradesh and observes that there was apparent violation of human rights of the deaf and dumb orphan child in the police station for which the guilty officials have been taken up. The contention of the State government that the deaf and dumb child should not be provided any interim relief because his family could not be traced, is neither tenable nor acceptable. Indeed, the child needs more assistance from the State if he has no shelter of his family. Therefore, the Commission asks the Government of Uttar Pradesh through its Chief Secretary to pay Rs. 3 Lakhs as compensation to the victim. The compensation amount be kept in a Nationalized Bank as fixed deposit in the child's account under guardianship of a responsible government official. The Principal & accrued interest will be given to the victim when he becomes a major. A copy of the FD bearing an acknowledgement of the victim child is expected in the Commission within eight weeks. The Commission should also be informed whether adequate arrangements have been made by the Government regarding upbringing including vocational education of the orphan deaf & dumb child. A copy of these proceedings also be sent to the complainant for his information.
Action TakenAdditional Information Called for (Dated 7/12/2012 )
Status on 8/14/2012Response from concerned authority is awaited.

No comments: