The tragic death of a 50-year-old farmer in Jabalpur, Madhya Pradesh, following alleged police torture during the COVID-19 lockdown, has brought the urgent need for systemic reforms in policing and accountability into sharp focus. This case, documented under NHRC case number 2203/12/0/2020, underscores the critical intersection of human rights, police accountability, and justice.
A Tragic Timeline
The incident occurred during the lockdown in April 2020. The victim, who returned from his farm late at night, was allegedly beaten by police personnel. Four days later, he succumbed to his injuries in a private hospital. Post-mortem findings revealed 11 antemortem injuries caused by hard and blunt objects. Despite the evidence, the inquiry by an executive magistrate attributed the death to pre-existing health conditions rather than police assault, creating a stark discrepancy between medical and investigative reports.
NHRC's Intervention
The National Human Rights Commission (NHRC) acted on a complaint from a human rights defender, bringing the case into the purview of institutional inquiry. After reviewing the evidence and expert forensic opinion, the NHRC identified massive physical torture as the immediate cause of death, exacerbated by underlying health conditions. The Commission:
- Suspended eight police officers, including one Assistant Sub-Inspector, for procedural lapses.
- Directed legal and departmental action against the errant officers.
- Recommended a compensation of ₹7,00,000 for the next of kin (NOK) of the deceased.
Analysis of Accountability
While suspension and disciplinary action were taken against the officers, the penalties (e.g., fines and censure) seem grossly inadequate given the gravity of the violation. The punishment does not align with the principles of justice and deterrence, allowing systemic issues to persist:
- Inadequate Penalties: Minor fines and censure fail to act as a deterrent or address the loss of life.
- Procedural Oversight: The absence of a medico-legal certificate (MLC) and the non-recording of the incident indicate systemic negligence.
- Failure of Surveillance: Non-compliance with Supreme Court directives on the installation and retention of CCTV footage in police stations further obscures accountability.
Compensation and Vicarious Liability
The NHRC's recommendation for compensation is a step toward addressing the violation of the victim’s rights. However, compensation alone cannot replace the loss of life or heal the trauma inflicted upon the victim's family. The government, as the vicarious authority over the police force, must ensure that compensation is:
- Timely.
- Adequate to cover the loss of livelihood and the mental anguish of the victim's family.
The Way Forward: Systemic Reforms
This case exemplifies the urgent need for reform in police accountability mechanisms:
- Strengthening Oversight: Full compliance with the Supreme Court's directives on CCTV coverage in police stations is essential to ensure transparency and prevent custodial torture.
- Independent Investigations: Cases involving police personnel must be investigated by independent bodies to ensure impartiality and credibility.
- Enhanced Training: Police personnel must receive comprehensive training in human rights, with a focus on de-escalation techniques and non-violent methods.
- Robust Compensation Mechanism: Compensation frameworks should be backed by legal guarantees, with provisions for swift disbursement and rehabilitation of affected families.
Conclusion
Justice delayed is justice denied. The case of the Jabalpur farmer illustrates the dire consequences of custodial violence and systemic negligence. As the NHRC pursues action against the errant police officers and seeks to ensure adequate compensation, it also sets a precedent for upholding human dignity and accountability in governance. For meaningful change, the state must act decisively to reform its policing practices and restore faith in the rule of law.
This tragic incident must serve as a reminder of the importance of vigilance and advocacy in protecting human rights, particularly for the marginalized and vulnerable in society.
| Case No.- 2203/12/0/2020 |
| NATIONAL HUMAN RIGHTS COMMISSION |
| (LAW DIVISION) |
| * * * |
| MANAV ADHIKAR BHAWAN, BLOCK-C, |
| G.P.O. COMPLEX, INA, NEW DELHI- 110023 |
| Fax No.: 011-24651332 Website: www.nhrc.nic.in |
| Date : 13/01/2025 |
| To, |
| THE CHIEF SECRETARY 03rd FLOOR, VALLABH BHAVAN-II, GOVT. OF MADHYA PRADESH, 04th FLOOR, MANTRALAYA, VALLABH BHAVAN, BHOPAL MADHYA PRADESH 462004 Email- cs@mp.nic.in THE DIRECTOR GENERAL OF POLICE POLICE HEADQUARTERS, BHOPAL MADHYA PRADESH Email- dgpmp@mppolice.gov.in |
| Sub : Complaint/Intimation from |
LENIN RAGHUVANSHI |
| Subject: Additional Information Called for(AIC) -2203/12/0/2020. |
| Sir/Madam, |
| I am directed to say that the matter was considered by the Commission on 13/01/2025 and the Commission has directed as follows.: |
| These proceedings are in continuation of the earlier proceedings of the Commission dated 19.09.2024. The Complainant states that the victim is a farmer and during lockdown, the police has beaten the victim badly which caused death to the victim. The Commission vide proceeding dated 30.06.2023 had directed to send the file to the Investigation Division for analysis and submission of its recommendation to the Commission. Pursuant to the direction of the Commission, the Investigation Division submitted its findings and following conclusion: “…2. This case is related to a complaint based on a newspaper report received from an HRD alleging that a 50 years old farmer who allegedly returned from his farm on the night of 16/04/2020 was beaten up by the Police personnel in Jabalpur Dist of Madhya Pradesh during lockdown and later he succumbed to his injuries. The complainant has prayed for the intervention of the NHRC in the matter and action against the involved Police personnel. "3. He was afterwards admitted to a private hospital at Jabalpur on 19/04/2020 upon deterioration of his condition when he developed a complaint of bleeding per rectum. He died on 20.04.20. No MLC was made in this case. "5. A UD case no. 11/2020 u/s 174 CrPC was registered on the death PS Gorabazar and the matter is pending investigation. "6. According to the PMR, 11 diffused bluish bruises of different sizes were found on the right & left calf, back of right & left thigh, left & right buttock, left shoulder, left wrist joint, back of right hand, left elbow joint and right forearm of the deceased. The cause of death was shock due to evidence of disease present in the lungs, liver, and kidneys and evidence of injuries to limbs present, which are produced by hard and blunt objects. However, it was opined that the manner of causation of these injuries cannot be given because liver disease can increase bleeding tendency. The viscera was found negative for poison. "7. The enquiry was conducted by an Executive Magistrate. The family members of the deceased were associated with the enquiry. The enquiry Magistrate held that the cause of death of the deceased was due to excessive bleeding from the anus and the deceased was suffering from liver, lung & kidney diseases. Further, he opined that the deceased died due to illness and not due to assault. Therefore, no police officer was responsible for the death of the deceased. "8. The Commission vide proceedings dated 30.06.2023, has directed to obtain expert medical opinion on the panel of the Commission with regard to physical torture and cause of death besides seeking comments of the victim's family members and the complainant on the Police report and present status of case No. 11/2020 u/s 174 CrPC of PS Gorabazar from the SP, Jabalpur, MP. However, the comment of the complainant and the status of case No. 11/2020 has not been received. "9. The case file was placed before the forensic expert on the panel of NHRC, who after considering the available documents on record opined that:- “A male dying within 4 days of alleged torture having massive and multiple fresh antemortem injuries all over the body (11 in number) needs thorough investigation from various angles. The findings as mentioned in the PM report point towards unnatural death, as collectively these injuries are sufficient to cause death in the ordinary course of nature. It prima facie indicates massive physical torture as the immediate cause of death, which could have been hastened by underlying disease of organs (although not substantiated by HPE of viscera).” The Investigation Division had recommended the Commission for issuance of show cause notice to the Govt. of Madhya Pradesh and also suitable legal/ departmental action against the errant police official in this matter. The Commission considered the material placed on record including recommendation of the Investigation Division of the Commission. This case is related to death of a 50-year-old farmer who was allegedly beaten up by the Police personnel in Jabalpur and later he succumbed to his injuries. The PMR revealed rigor mortis was present, rectal bleeding and 11 antemortem injuries. The Commission has directed to obtain expert medical opinion on the panel of the Commission with regard to physical torture and cause of death and the forensic expert opined that the “…PM report point towards the unnatural death, as collectively these injuries are sufficient to cause death in the ordinary course of nature. It prima facie indicates massive physical torture as the immediate cause of death, which could have been hastened by underlying disease of organs (although not substantiated by HPE of viscera).” All these facts which are on record, clearly indicate that the deceased received the injuries while he was in the police custody of Gorabazar PS, Jabalpur, resulting violation of human rights of victim for which state is vicarious liable in this case. Therefore, the Commission vide proceedings dated 19.09.2024 issued Show Cause notice u/s 18 of the Protection of Human Rights Act, 1993 to the Govt. of Madhya Pradesh through its Chief Secretary, as to why Commission should not recommend a compensation of Rs. 7,00,000/- (Rs. Seven Lakh only) to the NoK of deceased victim Sh. Bansi Kushwaha, within 6 weeks. If no response is received within six weeks, it will be presumed that the Govt. of Madhya Pradesh has nothing to urge in the matter and the Commission shall proceed accordingly. Further, the Director General of Police, Madhya Pradesh, was also directed to ensure suitable legal/ departmental action against the errant police official in this matter and submit action taken report within six weeks. He is further directed to submit a detail report regarding CCTV cameras in Golabazar PS, Jabalpur in compliance of the direction of the Hon'ble Supreme Court in judgement dated 2.12.2020 in the Paramvir Singh Saini case, which mandated installation of CCTV camera in every room and corner of the PS and also retention of footage of CCTVs in PS for at least a year (refer para 15, 16, 17 and 18). The requisite report/reply has not been submitted to the Commission so far. Issue final reminder to the Chief Secretary, Govt. of MP and DGP, MP to submit the requisite report/reply to the Commission within 04 weeks positively failing which the Commission shall presume that the State Govt has nothing to urge in the matter, has no objection in grant of the said compensation to the NOK of the deceased and thus the Commission shall decide the case on merits, not only with regard to compensation, but also with regard to the disciplinary action against the erring officers. |
| 2. It is therefore, requested that the additional/complete report as directed by the Commission in the matter be sent latest by 20/02/2025, 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 |
| CC to |
Mukesh |
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