When Justice Is Procedural but Accountability Remains Elusive: A Human Rights Defender’s Experience with NHRC Cases Across India
Over the last few years, I have approached the National Human Rights Commission of India (NHRC) in multiple cases involving custodial deaths, child exploitation, murder of minors, witch-hunting, prison deaths, and police excesses. These cases span Uttar Pradesh, Bihar, and Jharkhand and reflect a disturbing pattern: while criminal law is often “set in motion,” systemic accountability and victim-centric relief remain weak or delayed.
This blog post documents several such cases, based entirely on NHRC proceedings, action taken reports, and official correspondence.
1. Selling a Child Due to Poverty: Kushinagar, Uttar Pradesh
NHRC Diary No. 15470/IN/2024 | Case No. 24228/24/45/2024
In September 2024, a shocking incident came to light from Kushinagar where a couple, trapped in extreme poverty and debt, sold their two-and-a-half-year-old son for ₹20,000 to arrange hospital discharge for their newborn. The family also alleged police extortion during questioning.
NHRC took cognizance and called for reports from the District Magistrate and Superintendent of Police. FIRs were registered, accused persons arrested, and an illegal clinic was sealed. However, the Commission closed the case citing Regulation 9(xi) of NHRC Regulations, 1994, on the ground that the matter was sub judice.
Concern:
While criminal proceedings exist, the NHRC did not pursue:
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Allegations of police misconduct
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Rehabilitation and welfare entitlements for the family
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Structural failures that force families into child trafficking
2. Witch-Hunting and Murder of a Tribal Family: West Singhbhum, Jharkhand
Diary No. 2726/IN/2024 | Case No. 134/34/18/2024
In February 2024, members of a tribal family, including minor children, were brutally murdered after being branded as “witches.” NHRC sought reports from district authorities and police.
Police reported arrests and impending charge-sheet filing. Victim compensation was stated to be under process. NHRC subsequently closed the case, noting that law had taken its course.
Concern:
Witch-hunting is not merely a criminal act but a systemic human rights violation rooted in caste, superstition, and state neglect. Closure without monitoring rehabilitation, protection of surviving relatives, and prevention measures reflects a narrow procedural approach.
3. Death of a Child in a School Hostel: Lucknow, Uttar Pradesh
Diary No. 1526/IN/2023 | Case No. 3112/24/48/2023
A Class VIII student, Priya, died after alleged brutal assault in a school hostel. Initially, no arrests were made. NHRC repeatedly sought progress reports. Eventually, investigation was transferred to CBCID.
NHRC closed the case with a direction to CBCID to investigate in accordance with law.
Concern:
Despite the seriousness of the allegation—murder of a child in institutional care—the case remains under investigation even years later, with no visible accountability for school authorities.
4. Death of a Woman in Judicial Custody: Sahibganj, Jharkhand
Diary No. 6590/IN/2022 | Case No. 669/34/17/2022-AD
A 35-year-old woman died while in judicial custody at Sahibganj Jail. For nearly two years, NHRC repeatedly called for:
Due to non-compliance, NHRC issued conditional summons under Section 13 of the Protection of Human Rights Act, 1993. Eventually, reports were submitted stating the cause of death as cardio-respiratory failure, and the matter was sent to DG (Investigation), NHRC for analysis.
Concern:
Delays in forensic reporting in custodial deaths seriously undermine the right to truth and accountability.
5. Alleged Custodial Death of Pankaj Kushwaha: Bihar–UP Context
Diary No. 18955/IN/2023 | Case No. 4244/4/12/2023-AD
Pankaj Kushwaha allegedly died due to police beating in custody at Kateya Police Station, Bihar, after being detained on charges related to liquor smuggling. Family members refused last rites, demanding justice.
NHRC identified serious gaps:
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Missing General Diary (GD) entries
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No explanation for handing custody to family during hospital visit
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Absence of mandatory magisterial enquiry under Section 176(1-A) CrPC
As of June 2025, NHRC again called for reports, warning of coercive action for non-compliance.
Concern:
This case highlights chronic violations of NHRC’s custodial death guidelines and statutory safeguards.
A Pattern That Demands Reflection
Across these cases, certain patterns emerge:
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“Sub judice” closures without parallel human rights scrutiny
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Delayed or incomplete compliance by state authorities
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Over-reliance on the existence of FIRs as proof of justice
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Limited focus on victim rehabilitation, compensation, and prevention
The NHRC plays a crucial constitutional role. However, human rights protection cannot end where criminal procedure merely begins.
Justice is not only about arrests and charge sheets—it is about dignity, accountability, truth, and non-recurrence. These cases demonstrate the urgent need for:
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Stronger enforcement of NHRC recommendations
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Time-bound compliance mechanisms
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Victim-centric and preventive approaches
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Accountability for police and institutional failures
Human rights defenders will continue to document, pursue, and raise these issues—not against institutions, but for the promise of constitutional justice they are meant to uphold.