Unmasking Injustice: The Custodial Death of a Farmer and the NHRC's Call for Accountability

 On September 19, 2024, the National Human Rights Commission (NHRC) reviewed the distressing case of Bansi Kushwaha, a 50-year-old farmer from Madhya Pradesh, who allegedly succumbed to police brutality during the COVID-19 lockdown in April 2020. Registered under Case No. 2203/12/0/2020, the complaint sheds light on a grievous violation of human dignity, urging a closer look at custodial deaths and police accountability.

Incident Overview: A Tragic Death in Custody

The complainant, Lenin Raghuvanshi, a notable human rights defender, cited a newspaper report indicating that Bansi Kushwaha, returning from his farm in Jabalpur on the night of April 16, 2020, was subjected to a brutal beating by the police. The victim was hospitalized three days later due to a deteriorating condition and subsequently passed away on April 20, 2020. Notably, no Medico-Legal Case (MLC) was registered at the time.

Investigations revealed that eight police personnel, including an Assistant Sub-Inspector (ASI) from Gorabazar Police Station, were suspended for failing to report the incident. However, initial disciplinary actions were minimal—ranging from a fine of ₹2000 for the ASI to a mere censure for others involved.

Postmortem Findings: Signs of Torture

The postmortem report documented 11 bruises on the victim’s body, caused by blunt objects. These injuries were concentrated on his thighs, buttocks, shoulder, forearm, and wrist, signaling excessive physical trauma. While the postmortem suggested that underlying liver, lung, and kidney conditions contributed to his death, the forensic expert on NHRC’s panel pointed towards "massive physical torture" as the immediate cause of death.

In the absence of the viscera's histopathology results, the panel's forensic expert concluded that the injuries were collectively sufficient to cause death, further asserting the need for a thorough investigation. The juxtaposition of the physical injuries with the internal diseases raised significant concerns about the manner and severity of police conduct.

Legal Proceedings: Delayed Justice and Escalating Concern

Despite the severity of the case, the investigation remained sluggish. The NHRC had earlier directed the Madhya Pradesh police to provide expert medical opinions and reports from the victim’s family. However, these essential submissions were delayed, prompting NHRC to step in.

The Commission issued a show-cause notice under Section 18 of the Protection of Human Rights Act, 1993, asking the Madhya Pradesh government to explain why a compensation of ₹7,00,000 should not be recommended to the victim’s family. In the absence of a response, NHRC would proceed with its recommendations.

Implications of the Case: A Larger Call for Accountability

This case uncovers a stark reality: the continued prevalence of custodial torture in India. It also reflects the systemic reluctance to take stringent action against errant police officials. The NHRC's intervention has exposed the inadequacies of the initial police investigation and the mild disciplinary measures against the involved officers.

The Commission’s direction to Madhya Pradesh's Director General of Police, requesting compliance with the Supreme Court’s mandate in the Paramvir Singh Saini judgment, signifies a step towards increased transparency. The judgment mandates the installation of CCTV cameras in police stations and retention of footage for at least a year. This move is crucial to prevent future instances of custodial deaths, as proper surveillance could provide concrete evidence of police behavior.

Conclusion: A Demand for Justice

Bansi Kushwaha’s tragic death raises uncomfortable questions about human rights protection in India. The NHRC's investigation lays bare the fault lines within the law enforcement system, where custodial torture is inadequately addressed, and victims' families are left waiting for justice.

With the NHRC’s decisive actions and the issuance of show-cause notices, there is hope that justice will prevail. However, this case also serves as a reminder of the critical need for systemic reforms, transparency in police actions, and stringent accountability measures to uphold the dignity and rights of every individual.

The nation must now wait to see how the Madhya Pradesh government and police respond, as the clock ticks on both compensation and reform in the wake of this tragic loss.

Link of News in Hindi: https://www.deshgaon.com/mp-news/farmers-death-in-mp-police-custody-human-rights-commission-demands-justice-and-compensation/

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 : 19/09/2024

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, Jehangirabad, Bhopal - 462008, Madhya Pradesh MADHYA PRADESH MADHYA PRADESH Email- dgpmp@mppolice.gov.in

Sir/Madam,

The case No. 2203/12/0/2020 in respect of LENIN RAGHUVANSHI, was placed before the Commission on 19/09/2024. Upon perusing the same, the Commission directed as follows:

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, 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.         "4.      Pursuant to the direction of the Commission, a report has been received from the ADGP, MP  which reveals that eight Police personnel including one ASI of PS Gorabazar were placed under suspension in connection with the incident. Disciplinary action was taken against them as the ASI was fined Rs. 2000/- and others were awarded the punishment of  'censure'  for the charge of not informing the incident Station-in-Charge and not recording the incident in the PS diary. "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 has 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 issues 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, is 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).

2.     This is for your information and further necessary action.

Your’s faithfully Sd/- Mukesh DEPUTY REGISTRAR (LAW) M-1 Section Ph. No. 011-24663317

CC to

Complainant Details Case No. 2203/12/0/2020 Link for petition: https://www.scribd.com/document/771839392/Unmasking-Injustice-The-Custodial-Death-of-a-Farmer-and-the-NHRC-s-Call-for-Accountability #HumanRights #CustodialDeaths #JusticeForFarmers #PoliceBrutality #NHRC #AccountabilityMatters #EndTorture #RightToLife #DignityAndJustice #CustodialTorture #JusticeDelayed #HumanDignity

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