Ensuring Justice for the Voiceless: An Analysis of Case No. 5931/24/4/2023

 

Systemic Inefficiencies in Justice Delivery: A Glimpse into Delayed Compensation for Victims

On November 21, 2024, the National Human Rights Commission (NHRC) issued critical directives to the District Magistrate (DM) of Prayagraj, Uttar Pradesh, highlighting a grievous case involving the brutal assault and exploitation of a minor girl. This blog delves into the NHRC's proceedings, the status of the victim's compensation, and the broader implications of administrative accountability in safeguarding human rights.

The Case Overview

The complaint brought forward by human rights defender Lenin Raghuvanshi, referenced a newspaper report from March 2023, which revealed the sale of a baby girl by her parents. The child subsequently endured assault by another couple, leaving her in critical condition. The case, registered under the Protection of Children from Sexual Offences (POCSO) Act and relevant sections of the Indian Penal Code, led to the arrest of two accused.

Despite the severity of the incident, delays in providing monetary compensation of ₹3,00,000 to the victim have underscored systemic inefficiencies. The NHRC has persistently directed authorities to disburse the sanctioned amount under the Uttar Pradesh Rani Laxmi Bai Mahila Evam Bal Samman Rules, 2015, yet compliance remains elusive.

Chronology of Events and Directives

1. Initial Action (April–May 2023):
   The Commissioner of Police, Prayagraj, submitted an action-taken report confirming the registration of an FIR and arrests. Recognizing the victim’s vulnerability, the NHRC instructed authorities to expedite compensation disbursement.

2. Progress Stalled by Bureaucratic Delays (July–September 2023):
   Reports indicated that an application for compensation was uploaded to the state portal but remained pending due to procedural bottlenecks. The District Steering Committee cited election-related administrative restrictions as a cause for delay.

3. Renewed Directives and Non-Compliance (2024):
   Despite repeated NHRC reminders in April, May, and September 2024, the compensation process remained incomplete. Reports submitted to the NHRC in October 2024 revealed that while necessary documents were uploaded, the payment had not yet reached the victim.

NHRC's Recent Directive

In its November 2024 proceedings, the NHRC issued a final reminder to the DM, Prayagraj, emphasizing:

1. The urgent need for proof of compensation payment within four weeks.
2. Invocation of coercive powers under Section 13 of the Protection of Human Rights Act, 1993, in case of non-compliance.
3. Direct accountability of the Chief Secretary of Uttar Pradesh to ensure adherence to the NHRC's orders.

Analysis of Challenges

1. Administrative Inefficiencies:
   The recurring delays highlight systemic flaws in interdepartmental communication and procedural adherence. Election-related codes of conduct, while necessary for governance, should not impede victim relief efforts.

2. Victim-Centric Justice:
   The lack of timely compensation underscores a gap in prioritizing victim rights. Monetary relief is not just a legal mandate but a crucial step in rehabilitating survivors of heinous crimes.

3. Role of the NHRC:
   The NHRC’s persistent engagement reflects its commitment to ensuring justice. However, the recurring need for reminders raises questions about the effectiveness of its enforcement mechanisms.

Broader Implications

The case sheds light on the intersection of human rights, administrative accountability, and the justice system. It highlights the critical role of human rights defenders like Lenin Raghuvanshi in bridging gaps between victims and institutional mechanisms.

Way Forward

1. Strengthening Administrative Coordination:
   Streamlining interdepartmental communication and ensuring adherence to NHRC directives can prevent procedural delays.

2. Empowering Victims:
   Expedited disbursement of compensation and access to psychosocial support should be institutionalized as part of victim rehabilitation.

Conclusion

The NHRC's directives in Case No. 5931/24/4/2023 underscore the urgent need for systemic accountability to uphold human rights. While procedural challenges persist, the Commission’s proactive stance and the perseverance of human rights advocates offer hope for a more responsive and humane justice system. Ensuring timely relief to victims must remain at the core of administrative priorities, reaffirming society’s commitment to protecting its most vulnerable.

Case No.- 5931/24/4/2023

NATIONAL HUMAN RIGHTS COMMISSION

(LAW DIVISION)

* * *

MANAV ADHIKAR BHAWAN, BLOCK-C,

G.P.O. COMPLEX, INA, NEW DELHI- 110023

Fax No.: 011-24651332    Website: www.nhrc.nic.in

---

Date : 21/11/2024

To,

THE DISTRICT MAGISTRATE Dwarika Puri, Old Katra, PRAYAGRAJ (ALLAHABAD) UTTAR PRADESH 211002 Email- dmall@nic.in

Sub : Complaint/Intimation from

LENIN RAGHUVNASHI SA4/2A DAULATPUR VARANASI VARANASI , UTTAR PRADESH 221002 Email- pvchr.adv@gmail.com , Mob No- 9935599331

Subject: Additional Information Called for(AIC) -5931/24/4/2023.

Sir/Madam,

I am directed to say that the matter was considered by the Commission on 21/11/2024 and the Commission has directed as follows.:

1. This proceeding shall be read in continuation of the earlier proceedings of the Commission. 2. The complainant, an HRD, brought to the notice of the Commission a newspaper report dated 20.03.2023 alleging that a baby girl was sold by her parents, to three unknown youths and later, another couple assaulted her mercilessly. Investigation in the case was going on. 3. The Commission vide its proceeding dated 26.07.24 considered the matter and observed as under: "XXX Pursuant to the direction of the Commission, the Commissioner of Police, Prayagraj, submitted an action taken report dated 10.04.2023. It was submitted that a minor 10-year-old adopted girl was admitted in Cantonment Hospital in injured critical condition. Her mother got her admitted in the hospital and fled away. On information by doctors of the hospital, Dhumanganj PS FIR No. 138/23 u/s 323/325/376AB IPC and 3/4 and 5/6 POCSO Act against two accused was registered. Both of them were arrested and sent to jail. The Commission vide proceedings dated 26.05.2023 directed the District Magistrate, Prayagraj, and the Commissioner of Police, Prayagraj, Uttar Pradesh, to release monetary relief to the victim and submit compliance report of payment along with proof of payment. Then a reminder dt. 20.07.2023 was sent. In response, reports dated 04.07.2023 and 08.09.2023 were received from the office of the Police Commissioner, Prayagraj, along with other reports, stating therein that application for compensation had been uploaded on the portal with victim ID No. 4503600415 for granting monetary assistance to the victim under UP Rani Laxmi Bai Mahila avam Bal Samman Rules, 2015. Following issuance of reminder-dated 08.04.2024 regarding disbursement of monetary relief under POCSO, the Superintendent of Police (HR), Uttar Pradesh, forwarded report dated 15.05.2024 of Commissioner of Police, prayagraj. It is submitted that necessary documents have been obtained by the District Steering Committee and same is pending due to ongoing code of conduct of general elections 2024. After completion of election, the proposal will be passed by the District Steering Committee for further action. The Commission has considered the material placed on record. The report revealed that proposal for monetary relief to the victim under UP Rani Laxmi Bai Mahila avam Bal Samman Rules, 2015, is at final stage and pending before the District Steering Committee, Prayagraj. Therefore, let direction be issued to the District Magistrate, Prayagraj, Uttar Pradesh, to submit compliance report along with proof of payment, within four weeks positively. In response to the aforesaid directions of the Commission, no compliance report along with proof of payment has been received from the DM, Prayagraj, Uttar Pradesh. Accordingly DM, Prayagraj, Uttar Pradesh is directed to look into the matter and submit compliance report to the Commission along with proof of payment of compensation to the victim within four weeks failing which the Commission would be constrained to invoke its coercive power u/s 13 of the PHR Act, 1993 calling for the personal appearance of the authority concerned before the Commission. Put up thereafter.” 4. In response to the aforesaid directions of the Commission, a report dated 15.05.2024 was received from the Commissioner of Police, Prayagraj, U.P. wherein enquiry report dated 15.05.2024 conducted by Asstt. Commissioner of Police, Dhumanaganj Commissionerate, Prayagraj was submitted. As per enquiry report, Rs. Three lakh has been sanctioned by the District Committee and proposal for compensation was sent to Government for payment. Another letter of interdepartmental communication was received from the Distt. Probation Officer Prayagraj stating therein the same fact. 5. Vide previous proceeding dated 10.09.24 the Commission directed as under: “The commission has perused the reports. From perusal of reports it transpires that compensation has not been paid to the victim till now. Let, the DM, Prayagraj, Uttar Pradesh is directed to look into the matter and submit compliance report to the Commission along with proof of payment of compensation to the victim within four weeks positively.” 6. However, yet again the requisite compliance report along with proof of payment of compensation to the victim, have not been received. Only a letter dated 09.10.24 from the office of the Commissioner of Police, Commissionerate Prayagraj, U.P. along with certain inter-departmental communications have been received. It is stated therein that the receipt or other proof of the financial assistance was expected to provided by 18.08.24. However, the amount has not yet been provided to the victim and payment of the compensation has been authorized and other necessary documents have been uploaded on the portal after the proceedings of the District Committee. 7. Therefore, the DM Prayagraj has requested the concerned office for UP Rani Laxmi Bai Mahila avam Bal Samman Cell, to instruct the relevant authorities to take action regarding the payment of the compensation amount in the case so that compliance is submitted to the Commission. 8. At this stage, the Commission presumes that failure to comply with the directions of the Commission so far was, due to exigencies of administration and did not manifest lack of sensitivity towards human rights of its people. 9. Accordingly, let a final reminder be issued to DM, Prayagraj, Uttar Pradesh, who is again directed to look into the matter and submit compliance report to the Commission along with proof of payment of compensation to the victim within four weeks positively, failing which the Commission would be constrained to invoke its coercive power u/s 13 of the PHR Act, 1993 calling for the personal appearance of the authority concerned before the Commission. 10. Put up thereafter.

2.     It is therefore, requested that the additional/complete report as directed by the Commission in the matter be sent latest by 29/12/2024, for futher consideration by the Commission.

3.     Any communication by public authorities in this matter may please be sent to the Commission through the HRCNet Portal (https://hrcnet.nic.in) by using id and password already provided to the public authorities (click Authority Login). Any Audio/ Video CDs/ pen drives etc. may be sent through Speed Post/ per bearer. The reports/ responses sent through email may not be entertained

Your’s faithfully Sd/- Brijvir Singh ASSISTANT REGISTRAR (LAW) M-6 Section Ph. No. 011-24663368

CC to

THE CHIEF SECRETARY GOVERNMENT OF UTTAR PRADESH, 1ST FLOOR, ROOM NO. 110, LALBAHADUR SASTRI BHAWAN, UTTAR PRADESH SECRETARIAT, LUCKNOW-226001 UTTAR PRADESH Email- cs-uttarpradesh@nic.in,csup@nic.in

Brijvir Singh ASSISTANT REGISTRAR (LAW) M-6 Section Ph. No. 011-24663368       Link:    https://www.scribd.com/document/795816818/Ensuring-Justice-for-the-Voiceless-An-Analysis-of-Case-No-5931-24-4-2023

Ensuring Justice for the Voiceless: An Analysis of Case No. 5931/24/4/2023 by pvchr.india9214 on Scribd