National Human Rights Commission Case Update: Custodial Death of Krishna Murari
Key Actions and Developments:
Complaint Received: The case concerns a complaint filed by Lenin Raghuvanshi regarding the custodial death of Krishna Murari. Murari, a prisoner at District Jail, Sonebhadra, allegedly committed suicide on 04/05/2021 by hanging himself with a gamcha.
Show Cause Notice Issued: On 18/07/2023, the National Human Rights Commission (NHRC) issued a show cause notice to the Chief Secretary of Uttar Pradesh, questioning the state's negligence and suggesting a compensation of ₹5 lakhs for Murari's next of kin (NoK).
Relief Granted: Following the notice, the NHRC, on 28/12/2023, confirmed the recommendation for compensation and directed the Chief Secretary to submit a compliance report along with proof of payment within eight weeks. However, no compliance report has been received yet.
Additional Information Called For: On 25/07/2024, the NHRC called for additional information, reminding the Chief Secretary of the pending compliance report. The state is required to submit this report by 01/09/2024.
Incident Details:
- Date of Incident: 04/05/2021
- Location: District Jail, Sonebhadra, Uttar Pradesh
- Category: Alleged Custodial Death in Judicial Custody
- Victim Address: Bhuhariya, Markundi, under Jurisdiction Chopan, Sonebhadra, Uttar Pradesh
Response from State Authorities:
- Superintendent of Jail's Report: The report, dated 08/11/2023, stated that Krishna Murari had been guilty and remorseful over a heinous crime (rape of a minor) for which he was imprisoned under the POCSO Act. The report claimed no mistreatment by jail staff but highlighted the impracticality of monitoring all 300 prisoners at all times.
NHRC's Observations and Recommendations:
The NHRC found the response unsatisfactory, emphasizing that it is the responsibility of the jail authorities to prevent suicides. The Commission noted systemic negligence and highlighted the following points:
- The mental state of the prisoner should have been closely monitored.
- Adequate measures and constant surveillance should have been in place to prevent such incidents.
- The NHRC stressed the importance of family visits, communication, and mental health support for prisoners.
Supreme Court Reference: The NHRC cited the Supreme Court's observations in "In re: Inhuman conditions in 1382 prisons (2016 Vol. 10 SCC 17)" regarding the treatment of prisoners and the importance of maintaining mental stability through regular family contact and legal consultations.
Final Directive: The NHRC reaffirmed its recommendation for compensation and ordered the Chief Secretary of Uttar Pradesh to ensure payment within eight weeks, with a compliance report to be submitted thereafter.
Next Steps: The NHRC will review the case again in four weeks to monitor compliance and take further action as necessary.
For further information, public authorities are requested to communicate through the HRCNet Portal.
This case underscores the NHRC's ongoing commitment to addressing human rights violations and ensuring accountability in custodial environments.
Analysis and Excellence in Addressing Custodial Deaths: Krishna Murari Case
Introduction: The case of Krishna Murari's custodial death highlights critical issues within the prison system, including negligence, mental health concerns, and the responsibilities of prison authorities. The National Human Rights Commission's (NHRC) involvement underscores the importance of accountability and systemic reforms to prevent such incidents in the future.
Key Issues Identified:
Negligence in Monitoring:
- The failure to monitor Krishna Murari adequately, despite his vulnerable mental state, points to significant lapses in prison management.
- The report from the Superintendent of Jail highlighted that monitoring all prisoners effectively is challenging, given the high inmate-to-warden ratio.
Mental Health and Support Systems:
- The NHRC emphasized the necessity of mental health support for prisoners, especially those at risk of self-harm.
- The importance of regular family visits and communication with legal advisors was highlighted as a crucial factor in maintaining prisoners' mental stability.
Accountability and Compensation:
- The NHRC's insistence on compensation for the victim's next of kin is a step towards justice and accountability.
- The Commission's directive to initiate departmental action against the responsible jail warder indicates a move towards individual accountability within the prison system.
Excellence in Addressing Custodial Deaths:
Proactive Measures:
- The NHRC's recommendation for CCTV surveillance and restricted access to potential suicide tools in prisons is a proactive measure to prevent such incidents.
- Ensuring that high-risk prisoners receive mental health evaluations and support can mitigate the risk of suicide.
Systemic Reforms:
- The case underscores the need for systemic reforms in the prison system, including better training for prison staff to identify and address mental health issues.
- Implementing regular audits and inspections to ensure compliance with human rights standards can improve the overall prison environment.
Policy and Legal Framework:
- The NHRC's reliance on the Supreme Court's observations and the Nelson Mandela Rules sets a strong legal and ethical framework for prisoner treatment.
- Adoption of policies like those formulated by the Haryana Government for compensating custodial deaths can standardize responses to such incidents.
Communication and Transparency:
- The NHRC's directive for public authorities to communicate through the HRCNet Portal ensures transparency and accountability in handling such cases.
- Regular updates and compliance reports are crucial for maintaining public trust in the justice system.
Conclusion: The Krishna Murari case serves as a critical reminder of the importance of safeguarding human rights within the prison system. The NHRC's involvement and recommendations highlight the need for comprehensive reforms, accountability, and proactive measures to prevent custodial deaths. By addressing these issues with diligence and excellence, the NHRC sets a precedent for upholding human rights and ensuring justice for victims and their families.
Date: Mon, Jul 29, 2024 at 10:49 AM
Subject: Additional Information Called for(AIC) - 12227/24/69/2021-ad
To: <cs-uttarpradesh@nic.in>, <csup@nic.in>
Cc: <cfr.pvchr@gmail.com>
| Case No.- 12227/24/69/2021-ad |
| 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 : 25/07/2024 |
| To, |
| THE CHIEF SECRETARY GOVERNMENT OF UTTAR PRADESH, 1ST FLOOR, ROOM NO. 110, LALBAHADUR SASTRI BHAWAN, UTTAR PRADESH SECRETARIAT, LUCKNOW-226001 UTTAR PRADESH UTTAR PRADESH Email- cs-uttarpradesh@nic.in,csup@ |
| Sub : Complaint/Intimation from |
|
LENIN RAGHUVANSHI |
| Subject: Additional Information Called for(AIC) -12227/24/69/2021-ad. |
| Sir/Madam, |
| I am directed to say that the matter was considered by the Commission on 25/07/2024 and the Commission has directed as follows.: |
| The Instant matter pertains to a
complaint received from Lenin Raghuvanshi alleging about death of a
prisoner Krishan Murari, who had committed suicide by hanging himself
with the gamcha at District Jail, Sonebhadra on 04.05.2021. The Commission vide its proceedings dated 28.12.2023 confirmed its show cause notice and recommended the Govt. of Uttar Pradesh to pay a sum of Rupees Five lakhs as monetary compensation to the NoK of the deceased Krishna Murari and directed the Chief Secretary, Govt. of Uttar Pradesh to submit the compliance report along with proof of payment within eight weeks. However, the compliance report along with proof of payment has not been received in the Commission, so far. Registry is directed to issue reminder to the Chief Secretary, Government of Uttar Pradesh to submit the compliance report along with proof of payment within four weeks. Put up after four weeks. |
| 2. It is therefore, requested that the additional/complete report as directed by the Commission in the matter be sent latest by 01/09/2024, 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
Link: |
NHRC Demands Accountability and Compensation in Krishna Murari Custodial Death Case by pvchr.india9214 on Scribd
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