News Analysis India

Tag: NHRC

  • ‘Assam Police on an encounter spree’: NHRC urged to institute probe 

    Express News Service
    GUWAHATI: A Delhi-based Assam advocate has petitioned the National Human Rights Commission (NHRC) alleging that the state police force was indulging in “fake encounters” since the installation of the Himanta Biswa Sarma-led government on May 10 and seeking a probe into the incidents. 

    The complainant, Arif Jwadder, alleged the Assam Police were “on an encounter spree” where small-time criminals were being shot and the reason cited for such encounters was that they had tried to flee from police custody snatching pistols. 

    “…More than 20 such encounters took place and most of the persons at the receiving ends were alleged drug dealers, alleged cattle dealers. In some of the cases, the alleged criminals have died on the spot,” Jwadder wrote in his letter to the NHRC.

    Listing 10 cases, the lawyer said the police personnel were “staging fake encounters with impunity” following the CM’s recent statement that policemen should shoot at the legs of criminals as permitted by law. 

    “The injured or dead persons are/were not militants and hence, not trained to use pistols. It is very unlikely that they could use pistols after snatching against the policemen who were heavily armed,” the advocate wrote. 

    He refused to believe the petty criminals could snatch a pistol from a trained police officer. 

    “It cannot also be believed that an army of policemen couldn’t stop the alleged criminals from fleeing from custody,” he said, adding the police were denying the right of a fair trial to the alleged criminals.

    “It is requested to take cognisance of the matter and institute an inquiry into all such fake encounters which have taken place since May 2021,” Jwadder wrote to the Commission.

    At a conference of police officers, CM Sarma had said: “Somebody asked me if it has become a pattern in Assam that criminals are fired upon when they attempt to flee from police custody. I would say that should be the pattern.”

    However, opposition Congress was critical of the police force for frequent use of firearms. 

    “It may have dangerous results if it becomes a habit. Today, it may be a criminal. Tomorrow, it may be an innocent man. This kind of freedom to shoot is against human rights to get a fair trial and undermines the whole judicial process,” the party had said.

  • Police threatening victims not to file a complaint, says NHRC member on post-poll violence in Bengal

    By ANI
    MURSHIDABAD: Stating that the people are scared of the police, National Commission for Minorities vice-chairman and member of NHRC team on post-poll violence, Atif Rasheed on Thursday said that the only fault of the people was that they voted for the BJP, for which they are now being tortured by the police.

    He further stated that the police is threatening the victims of West Bengal post-poll violence not to file a complaint.

    “The public is scared of the police. Their fault is they voted for the BJP. Why police torture for voting? Police is threatening victims not to file a complaint,” said Rasheed during a meeting with Murshidabad SP.

    Atif is on a three-day visit to West Bengal to investigate the post-poll violence in the state.

    The National Commission for Minorities vice-chairman who is in the state from July 6 to July 9, will visit the affected areas in Malda and Murshidabad.

    On his visit to the state on June 29, Rasheed had alleged that he was attacked in Jadavpur when the NHRC team went to the state to investigate the post-poll violence attacked here.Earlier, on June 21, the NHRC chairperson Justice (Retired) Arun Mishra has constituted a committee headed by former Intelligence Bureau chief Rajiv Jain to enquire into the complaints of post-poll violence in West Bengal.

    The inquiry was ordered in accordance with the orders of the High Court of Calcutta, NHRC officials said. As per the orders of the High Court, the NHRC Committee shall examine all cases of post-poll violence in West Bengal, complaints about which have already been received in the National Human Rights Commission or which may be received.

    A four-member team deputed by the Ministry of Home Affairs has also visited the post-poll violence-affected areas after several incidents of violence have been reported at various places after the declaration of the Assembly poll results on May 2. 

  • Manual scavenging still remains stinking truth of our nation: NHRC chief Arun Mishra

    By PTI
    NEW DELHI: NHRC chairperson justice (retd) Arun Mishra on Monday said manual scavenging still remains a “stinking truth of our nation” and called for adopting a more scientific and innovative technique to end this inhumane and discriminatory practice.

    He was chairing an online meeting of different stakeholders on ‘Manual Scavenging & Hazardous Cleaning’ organised by the National Human Rights Commission (NHRC), officials said.

    Mishra expressed serious concern over the continuance of manual scavenging today and said the “widespread persistence” of this practice, despite laws and guidelines for its elimination, not only goes against the values of our Constitution but also violates numerous national and international rights.

    “Manual scavenging and hazardous cleaning still remain a stinking truth of our nation,” he was quoted as saying in a statement issued by the NHRC.

    He said that “it is high time we make fundamental shift in our approach and adopt more scientific and innovative technique to end the inhumane, discriminatory and hazardous practice of manual scavenging”.

    The NHRC chief also said that the toilets constructed as part of Swachch Bharat Mission were expected to help in the eradication of the manual scavenging, “but these also suffer from several shortcomings”.

    “According to the National Annual Rural Sanitation Survey 2019-20, only 27.3 per cent of the toilets surveyed have a double leach pit; 1.1 per cent goes into a sewer while all others empty into some form of a septic tank or single pits which requires manual cleaning,” he was quoted as saying in the statement.

    Justice P C Pant, member, NHRC, said the toxicity of the society in the form of denials of basic human rights of manual scavengers needs to be nullified.

    The meeting was also attended by Bimadhar Pradhan, Secretary General; R K Khandelwal, Additional Secretary of the NHRC; and representatives from the Ministry of Housing and Urban Affairs, Ministry of Social Justice & Empowerment, municipal corporations of Hyderabad, Chennai, Kolkata, Mumbai; civil society organisation members and NGOs.

    Other key point raised in the meeting were, replicating best practices across selected municipal corporations (Hyderabad, Chennai); and evaluating the impact of mechanisation and technology on the practice, officials said.

    The NHRC has on many occasions expressed grave concern on the persistence of the practice of manual scavenging in the past through its various letters, national seminars and regional workshops, urging stakeholders to take adequate steps towards eradicating this hazardous practice, the statement said.

  • NHRC notice to Maharashtra government over health condition of imprisoned Stan Swamy

    By PTI
    NEW DELHI: The NHRC on Sunday issued a notice to the Maharashtra government in the wake of a complaint alleging serious health condition of imprisoned 84-year-old Father Stan Swamy.

    In the notice sent through the state’s chief secretary, the National Human Rights Commission (NHRC) has called upon him to ensure that every possible efforts are made in providing Swamy proper medical care and treatment as part of life-saving measure and protection of his basic human rights.

    The commission has also called for a report in the light of the allegations made in the complaint, and the treatment record of Swamy, who is very old and lodged in Taloja Jail, Navi Mumbai.

    “The NHRC, looking into the complaint, alleging serious health condition of imprisoned Fr.Stan Swamy (84 years), has today issued a notice to the chief secretary, government of Maharashtra, calling upon him to ensure that every possible efforts are made in providing him proper medical care and treatment as part of life saving measure and protection of his basic human rights,” the NHRC said in a statement.

    The Jesuit priest and tribal rights activist has been arrested in the Elgaar Parishad case.

    This direction has come in continuation with the earlier order of the commission, wherein it had advised the state government to provide adequate medical care and treatment to Swamy, who is admitted at the Holy Family Hospital, and submit a report within four weeks, it said.

    Earlier, the NHRC had received a complaint on May 16 that Swamy was being denied medical facility during the COVID-19 period, the rights panel said.

    It was also alleged in the complaint that he had not been vaccinated yet and that there was no proper medical care in the jail hospital, it said.

    The petitioner has further alleged that the majority of jail staff had tested Covid positive, especially most of the kitchen staff.

    A number of undertrial prisoners had also contracted the coronavirus and no RT-PCR tests were conducted there, as per the the complaint, the statement said.

  • Mamata Banerjee government caught on wrong foot in denial of post-poll violence: HC

    Express News Service
    KOLKATA: Taking note of an interim report by the National Human Rights Commission (NHRC) on the post-poll violence in West Bengal, the Calcutta High Court on Friday said it prima facie appears to have caught the Mamata government on the wrong foot as the administration stayed in denial and tried to conceal more than reveal.

    The five-judge bench castigated the government for its failure to create an atmosphere of trust to rehabilitate people displaced by the violence.

    “In the violence, a number of persons were killed. Many suffered sexual violence and grievous injuries. Even minor girls were not spared. They have been brutally assaulted sexually. Properties of many of them were damaged and a number of them were forced to leave their houses and even migrated to neighbouring states. Till date, the state has not been able to create an atmosphere that could build confidence of the sufferers to return back to their homes or carry on their occupations,’’ the bench observed.

    Following a slew of petitions on post-poll violence, the bench had directed the NHRC on June 18 to constitute a committee to study the situation.While the state authorities had argued that they had received no complaints of violence, the State Legal Services Authority and the NHRC were flooded with petitions from the affected people when a mechanism was created to approach them, the court noted. “People are afraid to even disclose their identity to apprehending threat to their life and property,” it pointed out.

    The bench directed the state government to register all complaints of post-poll violence reported to the police or the NHRC, ensure medical treatment to all victims and provide ration even if the affected people have lost their ration cards. “Some are facing difficulty in getting their ration as their ration cards have been taken away by the goons,’’ the court noted, citing the report.

    The bench issued notice to IPS officer Rashid Munir Khan, DCP (south suburban division), asking why he should not be hauled up for contempt of court for violating specific orders issued by it to give full protection to the visiting NHRC team.Atif Rasheed, a member of the NHRC committee, was obstructed and he and his team members attacked on June 21 in Jadavpur area. No police protection was provided to them though prior notice was given to the local police by the NHRC, the court pointed out.

    ‘More to conceal than to reveal’“The NHRC committee has also recorded in the interim report that different authorities have failed to respond to the queries raised by it. It shows there is more to conceal than to reveal,” the five-judge bench of the Calcutta High Court observed

  • Ensure testing, treatment, vaccination of Particularly Vulnerable Tribal Groups: NHRC

    By Express News Service
    BHUBANESWAR: Perturbed over the rising COVID-19 infection among the Particularly Vulnerable Tribal Groups (PVTGs) across the country, the National Human Rights Commission (NHRC) has issued an advisory to the states for ensuring their timely testing, treatment and vaccination.

    Taking suo-motu cognisance of media reports on detection of coronavirus cases in the vulnerable communities, NHRC’s Secretary General Bimbadhar Pradhan has asked the states, including Odisha, for implementation of its recommendations and submit an action taken report within four weeks.

    The apex human rights panel has directed the states to conduct frequent RT-PCR testing drive at doorstep while ensuring prompt delivery of reports with priority to be given to the PVTGs.

    The states have been asked to ensure vaccination of all the PVTGs within 60 days by sending mobile medical teams, deployment of dedicated team of doctors/paramedic staff, supply of COVID medical kits, awareness campaigns across residential vicinities in the local dialect and regular check on maintenance of proper hygiene and sanitation.

    The states can use drones to render essential medical kit to avoid human contact and ensure that all expenses for treatment of COVID patients belonging to the PVTGs are borne by the State government besides introducing strict guidelines for entry and exit of outsiders in areas inhabited by the communities.

    The NHRC has also instructed to ensure doorstep delivery of free dry rations among the PVTGs households. “Many of the vulnerable groups have already been struggling against extinction and if Covid infects them, they will not be able to survive, which will be a great loss for the humanity and diversity of the human race,” the Commission observed.

    Besides, uninterrupted transfer of scholarships, monthly cash entitlement and pension distribution through direct benefit transfer equivalent to payments made under MGNREGS as an income guarantee assistance for loss of income during the pandemic need to be ensured, Pradhan stated.

    The states have been directed to open a special round-the-clock helpline at district control room dedicated exclusively for addressing Covid related concerns of the PVTGs and submit monthly reports to the NHRC till the end of the pandemic. Odisha has 13 PVTGs across 14 districts and 230 tribals among them have tested positive for the virus so far.

    Vulnerable Communities

    10.4 crore STs in country

    75 PVTGs with a population  less than 1 lakh marginalised 

    Odisha has 13 such groups  in 14 districts 

    230 tribals have tested positive for virus so far

  • Covid-19: NHRC issues advisory to ministries, states to ensure protection of tribal groups

    By PTI
    NEW DELHI: The National Human Rights Commission has issued an advisory to two Union ministries and states and union territories to ensure the protection of human rights of 75 Particularly Vulnerable Tribal Groups (PVTGs) in view of reports about the spread of COVID-19 infection among several of their members, officials said on Friday.

    Issuing the advisory, the commission has observed that many of the PVTGs have already been struggling against extinction and, if COVlD-19 infects them, they will not be able to survive, which will be a “great loss for the humanity and diversity of the human race”.

    “The NHRC has issued an advisory to ensure protection of human rights of 75 Particularly Vulnerable Tribal Groups (PVTGs), keeping in view the media reports about the spread of COVID-19 infection among several of them.

    As per the Census 2011 their population is less than one lakh,” it said in a statement.

    The Commission, in a letter through its Secretary General Bimbadhar Pradhan to the secretaries of the Union Ministry of Tribal Affairs and Union Ministry of Health and Family Welfare, chief secretaries of states and administrators of UTs, has asked for the implementation of its recommendations in the advisory and sought action taken reports within four weeks, officials said.

    Among about 104 million Scheduled Tribes (STs) in the country, there are 75 such groups, who are further marginalised and identified as Particularly Vulnerable Tribal Groupe (PVTGs) by the government of India.

    This is based on the existence of pre-agriculture level of technology, relative physical isolation, stagnant population, extremely low literacy, and a subsistence level of economy, the statement said.

    “In this prevailing context of pandemic, it is imperative to issue an advisory for the protection of holistic human rights of the PVTGs and also keeping their deep-rooted health and socio-economic inequities and their naturally isolated habitation spread across inaccessible, far-flung, hilly and forested areas in view,” it added.

    The secretary, Union Ministry of Tribal Affairs, and the chief secretaries, administrators of the states and UTs shall submit monthly reports to the NHRC till the end of the COVID-19 with respect to the measures taken for implementation of this advisory, the Commission said.

    In this regard, District Magistrates shall be designated as nodal officers for the implementation of this advisory.

    The DMs shall also get this advisory translated into the local language, dialect of the PVTGs and ensure its dissemination among them, the statement said.

    Some of the important recommendations include conducting frequent RT-PCR testing drive at doorstep while ensuring prompt delivery of reports with priority to be given to the PVTGs addressing the concern of their persistent digital divide.

    Ensuring vaccination of all the PVTGs having population less than 50,000 within 60 days by sending mobile medical teams; and deployment of dedicated team of doctors/nurses/paramedic staffs in nearby PVTGs vicinities; and ensuring that all expenses for treatment of Covid-19 patients belonging to the PVTGs are borne by the concerned state government/UTs, are among other recommendations.

  • Assam doctor assault case: NHRC seeks action-taken report from state government

    By PTI
    NEW DELHI: The National Human Rights Commission has taken cognisance of the alleged assault on a doctor at a medical facility in Hojai district of Assam and sought an action-taken report from the state government within four weeks, officials said on Friday.

    A video of the attack, which went viral on social media, purportedly showed the doctor being assaulted by a group of people, including women.

    “We had received the complaint letter dated June 2, in connection with the incident, and the NHRC has taken cognisance of the matter and sought a report from the Assam government,” a senior official told PTI.

    The complainant, advocate Sneha Kalita, has alleged that Dr Seuj Kumar Senapati was “brutally assaulted” on June 1 by the attendants, following the death of a patient suffering from COVID-19 and pneumonia at Udali Model Hospital in Hojai district”.

    Some of the frontline medical workers, doctors, nurses and ward boys had managed to escape, but also “got hurt and heavily traumatised by this horrific incident”, she has alleged.

    READ MORE | Doctors in Assam boycott OPD services protesting assault on colleague, 24 assailants arrested

    The NHRC, after taking cognisance of the case, took action on Thursday, the official said.

    “Let a copy of the complaint be transmitted to the chief secretary, government of Assam and the director general of police, Assam to have the allegations inquired, take the needful preventive and punitive action in the matter and submit an action-taken report to the commission within a period of four weeks,” the NHRC said.

    In addition, a copy of the complaint will also be sent to the secretary, Ministry of Health, Government of India, to “initiate necessary measures to ensure the safety and security of the frontline health workers in the country,” it said.

    “The complainant has stated that in the present pandemic situations, while the health workers are putting their own life, health and families at risk; all measures should be taken to ensure their safety and security,” according to the proceedings.

    She has also requested the commission to send a team for an “independent investigation” of the incident and to deploy and provide adequate police security in every hospital and Covid Care Centre to prevent such kind of violent situations, the NHRC said.

    Meanwhile, Assam Chief Minister Himanta Biswa Sarma on Wednesday had said that 24 people were arrested for allegedly assaulting the doctor at the facility.

    All political parties have condemned the incident and asked the government to take strict action against the culprits.

    Hojai Superintendent of Police Barun Purkayastha had earlier said that a critically ill coronavirus-positive patient had succumbed to the disease at Udali Covid Care Centre on Tuesday afternoon.

  • NHRC seeks case details, compensation over farmer activist rape at Tikri border

    By ANI
    NEW DELHI: The National Human Rights Commission (NHRC) had directed the Superintendent of Police, Jhajjar in Haryana, to submit a factual report on the alleged rape and subsequent death of a woman farmer activist from West Bengal who joined the farmers protest at Delhi-Tikri Border.

    The NHRC on Wednesday sought the report from the SP along with all supporting documents like a copy of the complaint, FIR, case diaries, medical treatment, record of the victim and the status of the investigation, within four weeks.

    The NHRC also directed the Jhajjar District Magistrate to submit proof of payment of the ex-gratia paid to the family members of the deceased girl as per the victim compensation scheme of the State within four weeks.

    The Jhajjar district administration responded to the investigation division of the NHRC, pursuant to a petition filed by noted rights activist and seasoned human rights lawyer of the Supreme Court, Radhakanta Tripathy.

    The NHRC in its order stated: “Instant complaint, from well known human rights activist, is regarding the allegation that one women activist hailing from West Bengal who came to participate in farmers’ protest at Delhi-Haryana Tikri border was allegedly gangraped at the protest site. An FIR was registered by her father against six accused persons. It is further stated that the victim died at a Jhajjar hospital, on April 30, 2021, after showing COVID-like symptoms.”

    Tripathy alleged that the incident happened due to the inaction, negligence and failure of the police and health department of the Haryana Government in providing adequate protection, healthcare and justice.

    Her father is said to be running from the pillar to post for justice.

    Tripathy also requested the NHRC for heavy compensation to the family members of the deceased, a fair, independent and impartial investigation and strict legal action against accused persons.

    The Investigation Division of the NHRC informed that according to police, the father of the victim, a resident of Hooghly, West Bengal submitted a complaint alleging rape allegation with his daughter on May 9, 2021.

    In this regard, a case was registered under various sections, including 120-B (Criminal Conspiracy), 354 (Outraging the modesty of a woman), 506 (Criminal Intimidation) of the Indian Penal Code (IPC) in the Bahadurgarh area police station, on the same day against the accused.

    A Special Investigation Team (SIT) has been constituted in the matter. Two named accused are at large and efforts are being made to arrest them. Notices to seven persons, who are believed to know about the occurrence of the crime, have been sent to record their statement and ascertain other facts.

    The Deputy Superintendent of Police (DSP), Bahadurgarh has also informed that the victim was admitted to a private hospital at Bahadurgarh, on April 25, due to COVID-19 and died on April 30. The dead body was cremated in the presence of her father but no complaint was given then to the police. Since there was no complaint, no inquest or autopsy of the victim was conducted, Tripathy said.

    However, an investigation is underway and the police is trying their best to collect the evidence, Bahadurgarh Deputy Superintendent of Police said, adding that the father of the victim left for West Bengal on May 10 and no ex-gratia payment under the victim compensation scheme to the family of the victim has been provided.

    He also denied any delay or inaction on the part of the police, the report added. 

  • NHRC seeks report on UP jail killings

    By Express News Service
    NEW DELHI:  The National Human Rights Commission (NHRC) on Tuesday sought an action taken report on the May 14 killing of three inmates in a shootout in Chitrakoot jail from the Uttar Pradesh DGP, the District Magistrate, Superintendent of Police and Chitrakoot jail superintendent through DIG, Prison, Prayagraj. The authorities have been asked to submit the report within ten weeks into the incident of the killing of three inmates in a shootout inside Chitrakoot Jail on May 14. 

    On May 14, a prisoner had allegedly snatched a pistol from a prison personnel and killed two other prisoners. Subsequently, he was also killed in firing by the jail staff. The rights panel asked the authorities to file a detailed report (covering all the aspect leading to the death of the prisoners/encounter), copies of all relevant GD entry or extract including departure, arrival of police/forces before and after the encounter, copy of seizure memo.

    It said that the ATR must also include MLC reports of the injured police personnel, if any, details of criminal history of the deceased persons, if any (including the present status of case(s) registered against the deceased). The rights panel further said that the ATR should also contain site plan of scene of occurrence giving all the details (including positioning of forces/police and deceased during the encounter), Inquest report, Post-mortem examination report of each of the deceased (typed copy of PMR especially injury along with diagram of entry-exit/ wound)

    The report should clearly mention whether blackening/charring/tattooing was present or not, and also contain videocassette/CD of post mortem examination of each of the deceased, result of the forensic examination of “hand wash” of the deceased to ascertain the presence of residue of gun powder, report of ballistic expert on examination of the arms and ammunition alleged to have been used by the deceased and his companions. 

    The panel also called for “report of fingerprints expert, clearly mentioning whether the chance prints found on seized weapon matches with the fingerprints of the victim alleged to have fired the weapon recovered or otherwise, details of the investigation agency  among other details. 

    Report on fake encounter allegationsThe Commission further said that other reports, if applicable, are also to be submitted before it. The reports must include copy of the dead body handover memo, if applicable; copy of identification memo, if applicable; copies of relevant wireless log; action taken on a complaint by a relative of deceased or other persons alleging killing in a fake encounter/negligence on the part of public servants