INTERNSHIP REPORT

ON

CHHATTISGARH HUMAN RIGHTS COMMISSION

GUIDED BY

Mr. Janardan Khare, Judicial Service

Law Officer, CGHRC

SUBMITTED BY
Ankit Nande,
Student, B.A.LL.B-1st year
School of Law, KIIT University, Bhubaneswar
[E-Mail:- nande.ankit5@gmail.com]

(INTERN- 2nd July- 23rd July,2018)

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 ACKNOWLEDGEMENT

The internship opportunity I had with C.G. Human Rights Commission was a great
chance for learning and professional development. Therefore, I consider myself as a
very lucky individual as I was provided with an opportunity to be a part of it. I am
also grateful for having a chance to meet so many wonderful people and professionals
who led me through this internship period.

I express my deepest thanks to Shri M.P. Singhal(Acting Chairperson, Retd. District

judge) who gave me the opportunity to do internship in the state commission.

Bearing in mind previous I am using this opportunity to express my deepest gratitude

and special thanks to the Mr. Janardan Khare(Law Officer, CGHRC) who in spite of
being extraordinarily busy with his duties, took time out to hear, guide and keep me
on the correct path and allowing me to carry out my project at their esteemed
commission and extending during the training.

It is my radiant sentiment to place on record my best regards, deepest sense of

gratitude to Mr. Dilip Bhatt(Joint Secretary, CGHRC) for his careful and precious
guidance which were extremely valuable for my study both theoretically and
practically.

I perceive this opportunity as a big milestone in my career development. I will strive

to use gained skills and knowledge it in the best possible way, and I will continue to
work on their improvement, in order to attain desired career objectives. Hope to
continue cooperation with all of you in the future.

-Ankit Nande

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 TABLE OF CONTENTS

S. PARTICULARS PAGE
NO. NO.
1. Student Declaration 4
2. Human Rights 5
(i) Meaning of Human Rights
(ii) History
(iii) Evolution
3. National Human rights commission 8
(i) Introduction
(ii) Composition
(iii) Functions
4. Chhattisgarh Human Rights Commission 10
(i) Introduction
(ii) Composition
(iii) Present Setup
5. Procedure and guidelines for filing a complaint, jurisdiction and 11
limitation
6. Classification of cases 14
7. Case studies 15
8. Other Activities 41
9. Frequently asked questions 42
10. Conclusion 44

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 STUDENT DECLARATION

I, Ankit Nande, hereby declare that the report presented here is uniquely prepared by
me after the completion of my 21 days of internship at Chhattisgarh Human Rights
Commission, Raipur.

I also declare that I have adhered to all the principles of academic honesty and
integrity and have not misrepresented or fabricated or falsified any
idea/data/fact/source in my submission.

-Ankit Nande

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 HUMAN RIGHTS

(i) What are Human Rights?

Human rights are rights inherent to all human beings, whatever our nationality, place
of residence, sex, national or ethnic origin, colour, religion, language, or any other
status. We are all equally entitled to our human rights without discrimination. These
rights are all interrelated, interdependent and indivisible.
Universal human rights are often expressed and guaranteed by law, in the forms of
treaties, customary international law , general principles and other sources of
international law. International human rights law lays down obligations of
Governments to act in certain ways or to refrain from certain acts, in order to promote
and protect human rights and fundamental freedoms of individuals or groups.
Human Rights carry a huge relevance, as they keep the powers of the governments
over the people in correct/balanced proportions. Human Rights show the extent to
which the governing authority can exercise its control, and this is important to ensure
equality, liberty and diversity for all.

(ii) History and Evolution of Human Rights

The Cyrus Cylinder (539 B.C.)

In 539 B.C., the armies of Cyrus the Great, the first king of ancient Persia, conquered
the city of Babylon. But it was his next actions that marked a major advance for Man.
He freed the slaves, declared that all people had the right to choose their own religion,
and established racial equality. These and other decrees were recorded on a baked-
clay cylinder in the Akkadian language with cuneiform script.
Known today as the Cyrus Cylinder, this ancient record has now been recognized as
the world’s first charter of human rights. It is translated into all six official languages
of the United Nations and its provisions parallel the first four Articles of the Universal
Declaration of Human Rights.

The Spread of Human Rights

From Babylon, the idea of human rights spread quickly to India, Greece and
eventually Rome. There the concept of “natural law” arose, in observation of the fact
that people tended to follow certain unwritten laws in the course of life, and Roman
law was based on rational ideas derived from the nature of things.

Documents asserting individual rights, such as the Magna Carta (1215), the Petition of
Right (1628), the US Constitution (1787), the French Declaration of the Rights of

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Man and of the Citizen (1789), and the US Bill of Rights (1791) are the written
precursors to many of today’s human rights documents.

The Magna Carta (1215) 

Magna Carta, or “Great Charter,” signed by the King of England in 1215, was a
turning point in human rights.

The Magna Carta, or “Great Charter,” was arguably the most significant early
influence on the extensive historical process that led to the rule of constitutional law
today in the English-speaking world.
In 1215, after King John of England violated a number of ancient laws and customs
by which England had been governed, his subjects forced him to sign the Magna
Carta, which enumerates what later came to be thought of as human rights. Among
them was the right of the church to be free from governmental interference, the rights
of all free citizens to own and inherit property and to be protected from excessive
taxes. It established the right of widows who owned property to choose not to
remarry, and established principles of due process and equality before the law. It also
contained provisions forbidding bribery and official misconduct.

Widely viewed as one of the most important legal documents in the development of
modern democracy, the Magna Carta was a crucial turning point in the struggle to
establish freedom.

Petition of Right (1628) 

In 1628 the English Parliament sent this statement of civil liberties to King Charles I.
The next recorded milestone in the development of human rights was the Petition of
Right, produced in 1628 by the English Parliament and sent to Charles I as a
statement of civil liberties. Refusal by Parliament to finance the king’s unpopular
foreign policy had caused his government to exact forced loans and to quarter troops
in subjects’ houses as an economy measure. Arbitrary arrest and imprisonment for
opposing these policies had produced in Parliament a violent hostility to Charles and
to George Villiers, the Duke of Buckingham. The Petition of Right, initiated by Sir
Edward Coke, was based upon earlier statutes and charters and asserted four
principles: (1) No taxes may be levied without consent of Parliament, (2) No subject
may be imprisoned without cause shown (reaffirmation of the right of habeas corpus),
(3) No soldiers may be quartered upon the citizenry, and (4) Martial law may not be
used in time of peace.

The First Geneva Convention (1864)

In 1864, sixteen European countries and several American states attended a

conference in Geneva, at the invitation of the Swiss Federal Council, on the initiative
of the Geneva Committee. The diplomatic conference was held for the purpose of
adopting a convention for the treatment of wounded soldiers in combat.

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The main principles laid down in the Convention and maintained by the later Geneva
Conventions provided for the obligation to extend care without discrimination to
wounded and sick military personnel and respect for and marking of medical
personnel transports and equipment with the distinctive sign of the red cross on a
white background.

The United Nations (1945)

World War II had raged from 1939 to 1945, and as the end drew near, cities
throughout Europe and Asia lay in smoldering ruins. Millions of people were dead,
millions more were homeless or starving. Russian forces were closing in on the
remnants of German resistance in Germany’s bombed-out capital of Berlin. In the
Pacific, US Marines were still battling entrenched Japanese forces on such islands as
Okinawa.
In April 1945, delegates from fifty countries met in San Francisco full of optimism
and hope. The goal of the United Nations Conference on International Organization
was to fashion an international body to promote peace and prevent future wars. The
ideals of the organization were stated in the preamble to its proposed charter: “We the
peoples of the United Nations are determined to save succeeding generations from the
scourge of war, which twice in our lifetime has brought untold sorrow to mankind.”

The Charter of the new United Nations organization went into effect on October 24,
1945, a date that is celebrated each year as United Nations Day.

The Universal Declaration of Human Rights (1948) 

By 1948, the United Nations’ new Human Rights Commission had captured the
world’s attention. Under the dynamic chairmanship of Eleanor Roosevelt—President
Franklin Roosevelt’s widow, a human rights champion in her own right and the
United States delegate to the UN—the Commission set out to draft the document that
became the Universal Declaration of Human Rights. Roosevelt, credited with its
inspiration, referred to the Declaration as the international Magna Carta for all
mankind. It was adopted by the United Nations on December 10, 1948.
In its preamble and in Article 1, the Declaration unequivocally proclaims the inherent
rights of all human beings: “Disregard and contempt for human rights have resulted in
barbarous acts which have outraged the conscience of mankind, and the advent of a
world in which human beings shall enjoy freedom of speech and belief and freedom
from fear and want has been proclaimed as the highest aspiration of the common
people...All human beings are born free and equal in dignity and rights.”

The Member States of the United Nations pledged to work together to promote the
thirty Articles of human rights that, for the first time in history, had been assembled
and codified into a single document. In consequence, many of these rights, in various
forms, are today part of the constitutional laws of democratic nations.

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 NATIONAL HUMAN RIGHTS COMMISSION

 Introduction
National Human Rights Commission (NHRC) of India is an autonomous public
body constituted on 12 October 1993 under the Protection of Human Rights
Ordinance of 28 September 1993. It was given a statutory basis by the Protection of
Human Rights Act, 1993 (TPHRA). The NHRC is the National Human Rights
Commission of India, responsible for the protection and promotion of human rights,
defined by the Act as "rights relating to life, liberty, equality and dignity of the
individual guaranteed by the Constitution or embodied in the International
Covenants".

 Constitution of a National Human Rights Commission

(1) The Central Government shall constitute a body to be known as the National
Human Rights Commission to exercise the powers conferred upon, and to perform the
functions assigned to it, under this Act.

(2) The Commission shall consist of:

(a) a Chairperson who has been a Chief Justice of the Supreme Court;
(b)one Member who is or has been, a Judge of the Supreme Court;
(c)one Member who is, or has been, the Chief Justice of a High Court;
(d)two Members to be appointed from amongst persons having knowledge of, or
practical experience in, matters relating to human rights.

(3)The Chairperson of the National Commission for Minorities, 1[the National

Commission for the Scheduled Castes, the National Commission for the Scheduled
Tribes]and the National Commission for Women shall be deemed to be Members of
the Commission for the discharge of functions specified in clauses (b) to (j) of section
12.

(4)There shall be a Secretary-General who shall be the Chief Executive Officer of the
Commission and shall exercise such powers and discharge such functions of the
Commission [except judicial functions and the power to make regulations under
section 40 B], as may be delegated to him by the Commission or the Chairperson as
the case may be.

(5)The headquarters of the Commission shall be at Delhi and the Commission may,
with the previous approval of the Central Government, establish offices at other
places in India.

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 Functions:-

The NHRC has the following functions:

1. To investigate complaints regarding the violation of human rights either suo moto

or after receiving a petition.

2. To investigate the failure of duties on the part of any public official in preventing

the violation of human rights.

3. To intervene in any judicial proceedings involving any allegation of violation of

human rights.

4. To visit any jail or any other institution under the control of the State Government

to see the living conditions of the inmates and to make recommendations thereon.

5. To review the safeguards provided under the constitution or any law for the

protection of the human rights and to recommend appropriate remedial measures.

6. To study treaties and other international instruments on human rights and to make

recommendations for their effective implementation.

7. To undertake and promote research in the field of human rights.

8. To encourage the efforts of the non-governmental organisations working in the

field of human rights.

9. To spread human rights literacy among various sections of society and to promote

awareness of the safeguards available for the protection of these rights through

publications, the media, seminars and other means.

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10. To review all facts related to the activities of the terrorists which obstruct the way

of the protection of human rights and to make recommendations for their effective

implementation.

CHHATTISGARH HUMAN RIGHTS COMMISSION

 Introduction

The Protection of Human Rights Act 1993, (an Act of the Parliament), provides for
establishment of the National Human Rights Commission at the national level and
State Human Rights Commissions at the state level. In the State of Chhattisgarh,
the CG Human Rights Commission was established on 16th April 2001. Shri Justice
K. M. Agrawal, a former Chief Justice of Sikkim High Court was appointed as
Chairperson and Shri K. A. Jacob, former D. G. P. of Bihar was appointed as member
vide Notification No. 4139/GAD/2001 with effect from the date they assumed charge
of the office.The high status of the Commission is found in the status of the
Chairperson, Members and its functionaries. Like other Commissions, only a former
Chief Justice of a High Court can be appointed as Chairperson and, likewise, the
Secretary to the Commission is an officer not below the rank of Secretary to the State
Government. The Commission has an investigating agency of its own.

 Composition

A State Commission is to be composed of a chairman and some members

appointed by the Governor in consultation with the Chief Minister, Home Minister,
Speaker and Leader of the Opposition in State Assembly. The chairman is to be a
retired judge of the High Court; one of the members should be a serving or a retired
District Judge in that state; one member is to be a serving judge or a retired judge of
the High Court, two members are to be activists in the field of Human Rights. Besides
the above members, the Commission has its own secretary as well.

 Present Setup

The Present Setup of the Commission -

 
 Acting Chairperson - Shri M.P. Singhal (Retd. District Judge)
 
 Jt. Secretary - Shri Dilip Bhatt (Retd. District Judge)
    
 Law Officer - Shri Janardan Khare (Judicial Service)
   
 Accounts Officer - Shri Bhojendra Kumar Deshmukh
   

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PROCEDURE AND GUIDELINE FOR FILING A COMPLAINT

Any victim himself/herself can file an application by person or by post. There is no

particular procedure to file a Complaint before SHRC. Whenever and wherever, there
is violation of Human Rights or exploitation of Human Being, they can inform the
State Human Rights Commission within the prescribed time period.

The matter or alleged incident of human rights violation cannot be pending before any
Court in the territory of India, which has a requisite Jurisdiction over the matter.
Though, where there is some delay in the execution of the matter, any person can
complaint the Commission with regard to such undue delay.

The power of the State Human Rights Commission is to give Order to respective
Government to have a policy for requisite execution of the matter or the investigation
of the matter by itself only, in this situation, the SHRC will submit its report to the
State Government for the quick elimination of the restitution.

Furthermore, the State Human Rights Commission (SHRC) will not inquire into any
matter after the expiry of one year from the date on which the act constituting
violation of human rights is alleged to have been committed.

Thus, the SHRC has jurisdiction to recommend compensation as the SHRC may
consider necessary. The power of the SHRC under Section 18 of the Protection of
Human Rights Act, 1993 is not initiated by any other provisions or any State
Legislature or subordinate legislation. The power of the SHRC under Section 18 of
the Protection of Human Rights Act, 1993 is in addition to any other provisions
covering the subject matter and not in derogation of any other provisions of law.

The complaint against any Public Servant is required to be addressed to the

Chairperson/Secretary of the Commission and should mention the following details:

1-The Complainant's full name;

2-Postal address of the complainant and his mobile or landline number;

3-Date, time & place of the incident;

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4-Specify details of violation of Human Rights;

5-Complaint against which Public Servant/Government Department/ Government

Organization /Government Authority / Local Self Governments;

6-Whether the matter is pending in any Court, National Human Rights Commission,
Tribunals or any other Statutory Forums

7-Relief prayed for.

8-Mobile Number or Telephone Number or Email (if any)

On receipt of your complaint the Commission may ask for further information and
affidavits to be filed in support of allegations whenever considered necessary.

JURISDICTION

The SHRC works under the NHRC and takes cognizance of cases under their
jurisdiction and if applicable transfers the cases to the NHRC, if an appeal is made,
the NHRC works as the Supreme Court and is the highest appellate authority in these
matters.

Section 12 ensures that whenever, the Commission on receipt of a complaint or suo-

motu finds that there is a violation of the Human Rights or abetment by anybody,
irrespective of the fact as to whether the violation is by a public servant or any other
person, the Commission can initiate proceedings for enquiry. It also, necessarily,
follows that when a court of competent jurisdiction, either Civil or Criminal, is
already seized of the matter, the Commission has no jurisdiction in the matter to
initiate parallel proceedings or order a parallel investigation. In the Case of N.C.
Dhourrdial vs. Union of India, it was stated that the Commission, which is the
creature of statute is bound by its provisions. Its duties and functions are defined and
circumscribed by the Act. Of course, as any other statutory functionary, it
undoubtedly has incidental or ancillary power to effectively exercise its jurisdiction in
respect of the powers conferred to it but the Commission, should necessarily act
within the parameters prescribed by the Act creating it and the confines of jurisdiction
vested in it by the Act.
The Government is duty bound to consider the recommendations of the Commission
and to act upon the same.

the Commission has jurisdiction to recommend compensation as the Commission may

consider necessary. The power of the Commission under S. 18 is not initiated by any
other provisions or any State Legislature or subordinate legislation. The power of
the Commission under S. 18 is in addition to any other provisions covering the subject
matter and not in derogation of any other provisions of law

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 LIMITATIONS

 The Commission or the State Commission shall not inquire into any matter after
the expiry of one year from the date on which the act constituting violation of
human rights is alleged to have been committed. It is, thus, clear that a specific
period of limitation has been provided for initiating of proceedings even in
connection with violation of human rights by a public servant. The acts which are
found to be beyond the aforesaid period of one year from the date, when the
complaint in question is filed before the Commission, shall not be inquired into
by the Commission or the State Commission. The Commission is enjoined with
powers only with a view to inquire into the violation of the Human Rights.

 While inquiring into any complaint of human rights violation, the Commission
shall exercise the power of a civil court to the limited extent of securing the
presence of witnesses, examination of witnesses, etc. After completing the
inquiry, as envisaged in Section18 of the Act, the Commission shall make only a
recommendation to the Government such as to make payment of compensation or
damages to the complainant or to the victim or member of his family as the
Commission may consider necessary, in the event the inquiry discloses violation
of Human Rights or negligence in the prevention of such violation. On receipt of
the Commission’s report, the Central Government may or may not take any
action, depending upon the nature of the findings recorded by the Commission.

 The Commission is not a judicial body. It has only been vested with certain
powers of the Civil Court under Section13 for the purpose of inquiry into
complaints regarding summoning and enforcing attendance of witnesses,
examining them on oath, discovery and production of documents, evidence on
affidavit, requisitioning of any public record or copy, issuing Commission for
examination of witnesses/documents etc.

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 CLASSIFICATION OF CASES

S.NO. CLASSIFICATION OF COMPLAINT ABBREVIATION

1 Custodial Death in Police PCD
2 Police Atrocities PAC
3 Police Inaction PIC
4 Complaint related to False Implication PFI
5 Illegal Detention PID
6 Other Police related Complaints POC
7 Custodial Rape PCR
8 Complaint related to Encounter PEC
9 Custodial Death in Jail JDC
10 Complaint related to Jail JC
11 Complaint related to missing persons MPC
12 Atrocities against Women WAC
13 Complaint related to Tonhi TPC
14 Complaint related to Dowry DTC
15 Complaint related to child atrocities CAC
16 Complaint related to child marriage CMC
17 Complaint related to child labour/forced labour CLC
18 Complaint related to departmental DRC
19 Complaint related to pension PC
20 Complaint related to accountant general AGC
21 Complaint related to Health Department HDC
22 Complaint related to Education Department EDC
23 Complaint related to Pollution Department PDC
24 Complaint related to Revenue Department RDC
25 Complaint related to Forest Department FDC
26 Complaint related to Naxalite incidents NaxC
27 Complaint related to Human Trafficking HTC
28 Complaint received from NHRC NHRC
29 Miscellaneous Complaint MC

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 CASE STUDY

Case No- KRB/12/03

Category-PAC(Police Atrocities)

District-Korba

Applicant-Hem Sai

Non-Applicant-T.I. Balco,Korba

Date of Application-28/01/2003

Date of Judgement-

Short Description:-

The applicant was detained and tortured falsely by T.I. Balco when he kept the stray
cattles which were destroying the fields of the villagers.

Facts:-

Stray cattles which were destroying feeding on the fields of the villagers were kept in
Kanji house located in Bela village in the name of Itwar Singh dated 15/10/2002.
T. I. Balco along with Kotwar and 2 cattle keepers came to the village at around 4-5
PM the same day and took the victim on jeep forcefully. When asked about this the
village people were told that they were taking him to the field to check the damage
done by the cattles.
When found lying injured the next morning, he was taken to doctor who denied duty
stating that this was a police case. The incident was reported to Harijan Adiwasi
Station following which the victim was given medical attention. When no progress on
the complaint was made the incident was reported to SP,Collector Korba and to the
ministry on 21/01/2012. Due to dissatisfaction on the enquiry the matter was brought
before the commission.

Procedure:-

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A letter was sent to SP to investigate and present and report before the commission.
After the exchange of few rememberance letter the report was received. It stated that
there was no mention of applicant being in police custody and the allegation is merely
exaggerated and false.
A notice was sent to T.I. Balco u/s16 of The Protection of Human Rights Act,1993 to
present his side.

A subpoena was issued to Non-Applicant B.S. Painkra. He stated that he was in duty
of enforcing law and order during Dussehra and refrained from any charges. He
further stated that the victim is an alcoholic and due to falling somewhere he might
have incurred the injury.

Issues Raised:-

Whether the applicant was detained unconstitutionally and was tortured by the non-
applicant?

Recommendation:-

According to the reports of Dr. A.D. Puraina the victim suffered injury in several
parts of his body and such injuries cannot be occured by merely falling.
The victim was detained unconstitutionally and was tortured for sure and therefore the
commission decided to give the victim a compensation of Rs.10,000/-. No further
action against the police officials can be instituted since their identity cannot be
traced.

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Case No-RYP/217/2008

Category-EDC(Complaints related to Educational Department)

District-Raipur

Applicant-CGHRC

Non-Applicant-Banshilal Diwan and Education Department

Date of Application-03/04/2008

Date of Judgement-24/09/2015

Short Description:-

The commission took suo-motu on the basis of a news report published in Jan Satta
newspaper mentioning violence by block officer and inspection team.

Facts:-

The 8th class board examination was being conducted in middle

school,Panktiyan,Raipur. The block officer was Banshilal Diwan and the inspection
team consisted of 4 persons. While inspecting a newspaper cutting was found with
Shalig Ram Patel and he was beaten. 3 other students were also beaten.

Procedure:-

The non-applicant B.L. Diwan u/s16 was asked to present his defence. He stated that
exam was being conducted in three different rooms. 6 invigilators were on duty. On
the basis of enquiry done by him he stated that one of the students denied any
finding of cheat. Hence he concluded that how can they be beaten if no cheat was
found. All the teachers are experienced and cared for their student and they did not
beat them.

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Subpoena was issued against all the witnesses and the accused to be present before the
commission and their statement was recorded.

Non-applicant Hem Kumari Patel stated that all three students were sitting in three
different classrooms, so how can they see everything?

All the victims at first stated that they did not knew the name of any of the teachers
but on questioning they clearly took the name and exaggerated the whole incident.
Hence it was all false allegations.

Recommendation:-

All the victims presented contradictory arguements. Hence the matter cannot be
considered as true. No medical report was presented before the commission and no
external injuries was found on the victim’s body. Hence it was just a false and
exaggerated matter. The commission rejected the matter due to lack of evidence and
the case was closed.

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Case No-DRG/234/07

Category-HDC(Complaint related to Health Department)

District-Durg

Applicant-Md.Subrati

Non-Applicant-C.I.D.C. Transportation Service

Date of Application-22/06/2007

Date of Judgement-31/01/2009

Short Description:-

The case is related to refusal to pay the salary to the driver for a given period of time.

Facts:-

The applicant did not receive payment from the Durg transportation depot for his
service done from 2/01/2002 to 2/03/2002.

Procedure:-

The commission asked the transportation department to present their case as to why
the payment of the applicant is due dated 02/02/2008.

The commission issued a letter to CIDC whose reply the commission did not get. The
commission further sent a rememberance letter to the transport department which also
went unanswered. A 2nd rememberance letter was sent which also went unanswered.

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The commission then issued a demi-official letter whose reply the commission did not
get. Therefore a 2nd D.O. letter was issued.
The commission further sent few more rememberance and DO letter which were all
unanswered.

Subpoena was issued to M.D, CIDC but he did not appear.

Recommendation:-

The applicant’s testimony was taken and recommendation was thus made to non-
applicant to pay the money which is due.

Second Application and Procedure:-

Applicant again sent a letter stating that his payment is still due on 5.11.2009.

The commission sent a letter to MD,CIDC wrt c-18 and asked about the current
developments of the matter which went unanswered.

The commission then sent a few rememberance and DO letter which all went
unanswered.

A letter was received from C.G. infrastructure development corporation ltd. stating
that the matter is due before the finance ministry and inquiry is in progress.

The commission sent a few rememberance letter majority of which remained

unanswered.

A letter from C.G. infrastructure development corporation ltd. was received stating
that a letter has been sent to M.P. transportation service demanding the due salary
which will be payed.

A copy of this was sent to the applicant.

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Case No- DRG/477/07

Category-PIC(Police Inaction)

District-Durg

Applicant-Narendra Singh Chauhan

Non-Applicant-Shiv Kumar & Others

Date of application-2/12/2007

Date of Judgement-04/10/2013

Short Description:-

A complaint for assault was filed by the applicant in which police did not take any
action and constituted false charges against the applicant.

Facts:-

Applicant lodged a complaint that Shiv Kumar along with others got into his house
forcefully and abused him and his mother. They also threatened to kill him. They beat
him with rod and stick. They locked his blind brother in a room after beating him. A
damage of total 60,000 rupees was done and they also stole 6000 rupees from the
house. He informed the ADPO of the matter and went with him to the police station
where his complaint was not registered. He says that a forge complaint was registered
against him.

Procedure:-

A letter was sent to S.P. Durg to give information about the case. S.P. on his report
stated that Tulsi, a girl aged 17 years was going to school in village Jewry. On the
way the applicant encircled Tulsi twice or thrice and thereafter dropped a letter. She

21
took the letter to the school and showed it to a teacher G.P. Sharma. FIR was lodged
on 1.12.2007 at 1:25 PM. After completion of the investigation, prosecution u/s354
the IPC was launched against the applicant.

Police report mentioned that an assembly was constituted in village to discuss the
matter where the applicant began abusing and was also indulged in disrespectful
behaviour with the people. Thereafter police were called and complaint was registered
against the whole matter. The report also mentioned that the applicant is a
quarrelsome kind of person.

Recommendation:-

According to the judgement of Hounarable High Court it is proved that the applicant
and his witnesses were not giving the true description of the events.

On medical inspection of the applicant no serious injuries were found and therefore
the complaint is false.

The applicant was punished by trial court and due to which he keeps complaining
about the villagers.

The description of all three witnesses differed from each other and therefore the
complaint cannot be considered as true. Hence the police report is more reliable.

The commission closed the matter and recommended no further enquiry.

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Case No-DRG/376/09

Category-POC(Other Police related Complaints)

District-Durg

Applicant-Seshnarayan Shukla

Non-Applicant-Shri R.K. Sharma

Date of application-17/12/2009

Date of judgement-06/08/2015

Short Description:-

Non-applicant who is also DSP and his wife’s relative falsely accused applicant of
harassing his wife and abused him physically and verbally.

Facts:-

Applicant is currently working in child care foundation as a field officer. Things do

not work properly between him and his wife, Vijaylaxmi Shukla. Non-applicant R.K.
Sharma is his wife’s brother-in-law. On the night of Rakshabandhan at around
9:00PM non-applicant came to his house on service vehicle with force and started
torturing him physically and verbally. He also threatened to kill him. Non-applicant
then threw something which smelt of alcohol on applicant’s face and then got him
medically inspected.

Procedure:-

A letter was sent to SP Durg asking to investigate and present report on this matter.
Report was received which stated that applicant’s wife doubted his husband and

23
therefore she followed him to Bhubneshwari Gajpal’s house where she caught both of
them together. Applicant ran away from the place immediately and when she returned
home he began harassing him.

A tip was asked from applicant and was given by him in c-11 & c-12.

A subpoena was issued to applicant.

He presented his side and told that they left him at his home which totally
contradicted his previous argument.

A lot of rememberance letter and subpoena was issued against Vijaylaxmi Shukla
which all went unanswered. Finally her letter was received in which she stated that
everything is working fine between her and his husband and therefore requested the
commission to close the case.

Recommendation:-

Applicant’s son and daughter were also present at the time of the incident but none of
them were presented as witness.

On medical report it was clearly mentioned that he had consumed alcohol and
therefore was feeling dizzy. He said alcohol like smell to hide this fact.

The charges against non-applicant cannot be proved and therefore the commission
decided to reject the case.

24
Case No-KRB/10/2011

Category-JDC(Custodial death in Jail)

District-Korba

Applicant-Station Officer

Non-Applicant-Station Officer

Date of application-11/02/2011

Date of judgement-

Short description:-

A death in custody is a death of a person in the custody of the police, other authorities
or in prison. Death in custody remains a controversial subject, with the authorities
often being accused of abuse,neglect,racism ans cover-ups of the causes of these
deaths.

Facts:-

A letter was received in the commission regarding the death of a prisoner namely
Charma Ram s/o Baratu Ram who was confined in the prison jail u/s 302/34, 3(2)
SC/ST Act. The said prisoner was being transferred to CIMS Bilaspur for specialized
treatmennt. Because of seriousness of the prisoner he was then admitted in the district
hospital Korba. During diagnosis he was declared dead.

Procedure:-

25
The commission sent a letter to the Jail Superintendent asking the death review report
within 15 days.

The commission sent a letter to the Jail Superintendent asking the post-mortem report
within 15 days.

A letter was sent to district collector to setup a magisterial enquiry and send the report
to the commission within 15 days.

Death review report and post-mortem reports were received and it was mentioned that
he died due to heart attack.

He was suffering from leprosy at the time of entering the jail.

A letter was sent to sub-divisional magistrate from district magistrate to inquire about
the case on the following points:-

 Incident occurred under which condition?

 Reason of death

 Who reported the incident and when did he report?

 Any other point which may come up during investigation.

The enquiry was done and was received by the commission. It was stated that the
prisoner died on his way to central jail Bilaspur for further checkup. He was
continuously vomiting and was suffering from other gastric problems. Due to which
he was taken to hospital multiple times for checkup.

 If he would have been shifted immediately to CIMS and was treated with
immediate effect then his condition would have been different and he might have
not been dead.

None of the family members of the deceased demanded for investigation and
therefore it was concluded that the death occurred was natural.

The commission asked for chemical and sirological report from the SP within 15
days.

A series of remembrance letter was sent which all went unanswered. Thereafter two
demi-official letters were issued which were again not answered.

A subpoena was issued to the SP to appear before the commission on 23.11.12 at

12:00PM.

26
Report was finally received.

A letter was sent to assistant jail superintendent asking whether he want to present his
argument before the commission or not.

A letter was again sent to him to which he finally replied stating that he will be
present as a witness.

A letter was sent to assistant jail superintendent to present the list of witnesses before
the commission and inform the commission if any other witness is also required.

Witness list was presented. Subpoena was issued to ASI, Compounder, District jail
Korba and one other police official.

Witnesses were examined.

Recommendation:-

It was found that no external factors were responsible for the death of the prisoner and
therefore the commission decided to close the case with no further inquiry.

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Case No-RYP/572/08

Category-JC(Complaints realted to Jail)

District-Raipur

Applicant- K.K. Ganguly

Non-Applicant-Dr. Rai Chaudhary and Verma

Date of application-

Date of judgement-

Short description:-

While prisoners no longer enjoy freedom of movement, they retain the majority of
their human rights and can complain if they believe these rights have been breached.
In particular prisoners have the right to be treated with humanity,dignity,and respect
while in detention. For this reason there are a number of human rights standard in
place to ensure people in detention are safe.

Facts:-

Applicant sent a letter to the commission all the irregularities in central jail Raipur:-

i. Jail hospital’s Dr. Raichaudhary and compounder Verma ask for money from
prisoners. If not given then patients are not provided with medicines. If they
complain against this behaviour then they are severely beaten and are not
provided food and they are locked inside the cell naked.

ii. The prisoners who are in Jail for a very long time specially Nambardar sexually
abuse the prisoners who are young.

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iii. Drugs are easily available in the jail hospital.

iv. The eatables like egg and milk which are meant to be distributed among prisoners
are sold for money.

v. The supplies given by relatives do not often reach the concerned prisoner.

Procedure:-

A letter was sent to jail superintendent(JS) asking reports about the complaint
received.

A letter asking for magisterial enquiry was sent and the report was to be sent to jail
superintendent.

JS sent a letter to district magistrate asking for the reports asked from him earlier
within 10 days.

Another application was received from the applicant asking for current scenario of the
case.

A report was received from JS and it was forwarded to applicant and was asked to
give his tip.

The applicant said that giving tip on this interim report is hard and proposed for final
report.

Any report was not received by the applicant in 1 year so he again sent a letter asking
for the same.

JS sent a letter denying all the charges and he stated he did not receive any of these
complaints. He only accepted that the supplies were not reaching the prisoners but
now the system has been changed and currently no problem is being faced by the
prisoners.

Applicant sent a letter asking for the enquiry to be done which is due from 6 months.
In reply he was told that DM report is yet to be received.

Report was received and was forwarded to applicant for his tip. The applicant in reply
told that he was dissatisfied with the report.

Medical reports were received from the jail hospital and it was mentioned that
prisoner Vishnu was suffering from an increased blood pressure and sugar level.

29
A subpoena was issued to Vishnu. A letter was sent to SP regarding issuing the
subpoena to witness.

Jailor was present as witness and he declined all the charges.

A letter was sent to SP asking the DM report which was not received even after
sending a number of letters.

Recommendation:-

Prisoner Vishnu stated that prisoners used to fight among themselves and he did not
mention specifically being beaten by any police officer. Hence the commission
reached to the decision that complaint was not proved and therefore decided to
abrogate the application.

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Case No-RJN/63/2007

Category-MC(Miscellaneous complaints)

District-Rajnandgaon

Applicant-CGHRC

Non-applicant-Pankhajur police

Date of application-1/05/2007

Date of judgement-13/09/2012

Short description:-

The commission also receives a number of complaint apart from the specifically
mentioned categories where the applicant feels his human rights has been violated and
also can take suo-motu whenever it comes across such matters.

Facts:-

Enquiry was done by the commission on the basis of a newspaper report published
which stated that villagers will enclose the police station following the death of one of
the villagers in the station. The deceased(40) was taken to police station along with
his son Sunil(18) and Nandkishore(35) on the night of 19 april. The next morning his
elder son Shivprakash(25) and his friend Kanshi Ram(27) along with some other
villagers went to the police station. They both were held up there and rest were sent
back to the village. On 22nd or 23rd of april Sunil reached village and complained
about being beaten by police. On 25th april it was found out that Dileram is dead. On
26 april the dead body was sent back to village along with all other people in a pickup
at around 11:30 AM. On 8th april residents of Pankhajur Sameer and Gautam stayed in

31
Dileram’s house and on that day Gautam had insulted the modesty of Dileram’s
daughter-in-law following which he was beaten by Sameer.

Procedure:-

A letter was sent to Jail superintendent(JS) Kanker giving notice to station officer
Pankhajur u/s16.

A letter was sent to the SP Kanker to investigate the matter and send the enquiry
report within 30 days.

Enquiry report was received from SP. It stated that the deceased has committed
suicide by hanging himself in the toilet by his towel. It was also found that a missing
complaint was registered against Sameer and Gautam. On the basis of which all three
were taken into custody for enquiry. The missing person was found to be murdered
and therefore the policemen beat them severely to confess.

False allegations were made against Sunil and he was presented before court. Taking
all these matters into concern Dileram hanged himself to death.

A case u/s347,348,306 and 3(1)(10) SC/ST Act was instituted against the accused
police officials.

A letter was again sent to SP asking by whom the case is being investigated within 10
days.

Judicial enquiry report which was done by CJM Kanker was received from SP.

All the witnesses were examined.

In post-mortem report it was found that Dileram has died due to choking. Case diary
was also presented.

A notice was published by magistrate( 1st class) Bhanupratappur asking for any people
who has the knowledge of incident to come and tell the court.

A letter was sent to NHRC by Jt.Secy. to know what actions has been taken by NHRC
on this regard with 15 days.

A few remembrance and DO letters were sent and at last a reply was received stating
no complaint in this regard has been registered with the commission and thereafter
requested the CGHRC to resend the application.

32
A no. of letters were again sent by by CGHRC which were all left unanswered and at
last got the same reply.

Subpoena was issued to 3 police officials u/s16 of the act.

 The person to who has been summoned is entitled to ask for a copy of any
required documents.

Copies of the documents were sent to all the three police officials whichever they
asked for. Subpoena was again issued.

Arya sent a letter requesting the commission to temporarily postpone the hearing till
the court proceeding is completed.

Subpoena was again issued.

ASI sent a letter stating that he was unable to come for witness due to increased naxal
activities and security concern.

The enquiry report was received from SDOP Bhanupratappur providing alibi for all
the police officials accused on the day before the suicide.

The judgement sheet was received from court. The decision was all the accused were
sentenced to 3 year imprisonment and a fine of Rs.1000/- u/s348 IPC.

A letter was sent to Collector, Kanker asking whether the family members have been
given any compensation or not.

Again a subpoena was issued.

G. K. Arya responded taht he did not detained them illegally and he said that
Dileram committed suicide due to long lasting stomach ache.

Majumdar responded that Dileram and others were not kept unconstitutionally and
they did not harass them in any way. They stayed in jail willfully and were free to
roam.

Again a letter was sent to Collector expecting a reply within 30 days. Collector
responded back that they were given 25,000/- only on 26/04/2007.

33
Recommendation:-

CGHRC decided that keeping a person in jail for 5 days without any reason clearly
violates their human rights.

Commission said that 25,000/- is too less for a person of 40 years of age and therefore
asked the official to pay an additional 75,000/- rupees.

34
Case No-DRG/231/2006

Category-AGC(Complaint related to accountant general)

District:-Durg

Applicant-Durga Bai Rajput

Non-Applicant-Accontant General,Raipur

Date of application-

Date of judgement- yet to be announced

Short description:-

Accountant general is the head of the audit team. Complaints related to non payment
of salary and other monetary issues are often addressed under this category.

Facts:-

The complainant was appointed as assistant child development officer on 23/11/1996.

according to the complainant provident fund’s cash, revised pay scale’s cash and by
not refuting vacation they were causing mental and monetary problem to her.

She had also sent a letter to janpad panchayat previously asking the following
questions:-

i. Why did they sent the matter to Gwalior when there is already one in Raipur?

ii. Whether the matter is pending with the accountant general, Gwalior?

35
iii. Whether the documents relating to the matter has been received by accountant
general, Gwalior? If yes then please send the details and dates when the progress
has been made.

Procedure:-

A letter was sent to accountant general, Raipur requesting him to investigate the
matter and present the report within 15 days. The letter was resent when left
unanswered.

Response letter was received stating that the file has been sent to Gwalior. Necessary
steps will be taken once the file with all the details is received from Gwalior.

Again a response was received stating that all the sum has been paid.

The report was sent to Durgabai asking for her tip.

She said that one complaint has been solved and the other two are remaining.

A letter was sent to AG, Raipur asking him to enquire and send the report within 30
days.

A letter was sent to CEO, Janpad panchayat Dhamdha by deputy director, panchayat
and samaj kalyan asking him ti be present on the given date.

A letter was sent to janpad panchayat asking report within 15 days.

A letter was sent to deputy director to know about the current developments of the
case.

A letter was sent to janpad panchayat by district program officer(Women and Child
development) asking a report on this matter.

A letter was sent to deputy director asking about the current scenario of the matter.

Response was received stating that action is being taken and report has been asked.

A letter was sent to janpad panchayat asking to send the medical certificate of the
applicant.

36
Report received from head office, panchayat and society development, Durg stating
that the power to investigate in the remaining matters has been shifted to vikas khand
from 17.04.78

Report was sent to Durgabai for tip. She replied back by stating that the remaining
matters are yet to be solved.

A letter was sent to Women and Child development office asking reports on the
current proceedings.

DO letter was sent to the district program officer asking him to respond to this matter.

A series of remembrance and DO letters were sent to district program officer and
janpad panchayat asking about the current developments but none of them were
answered.

District program officer sent a letter to janpad panchayat asking about the details of
the retirement of the applicant.

A letter was sent to applicant asking her to tell the details about the enquiry to which
she responded that necessary documents has been sent.

A letter was sent to chief nagar palika adhikari Durg to submit the report within 10
days.

Forwarded to women and child development asking why the matter has not been
solved till now.

It was answered. A few shortcomings were there due to which the development
cannot be made. To overcome this the letter has been sent to district program officer.

Report received from women and child development office and the following points
were mentioned:-

i. According to rule no. 24 she is not entitled to receive any pension.

ii. The matter is pending before the court of assistant labor commission.

iii. There are few shortcomings on the matter and therefore further actions could not
be taken.

The report was forwarded to applicant and her views were asked but she did answered
even after sending a few times.

Labor Commission Judgement:-

37
Judgement from the court of assistant labor commissioner received and it was stated
that she is entitled to receive her pay and an additional 25,000/- rupees for the late
payment.

Plea has been rejected by commissioner with regard to completion of the term.

The order giving powers was vested in the hands of the deputy director and the case
was closed.

Case No- BSP/106/2009

Category- POC (Other Police related Complaints)

District- Bilaspur

Applicant- Praveen Kumar

Non-Applicant- (i) Amit Sharma (ii) C.L.Sahu

(iii) Sunny Sando (iv) Subhas
(v) Thana civil line Bilashpur.

Date of Application- 22/08/2009

Date of Judgement- 30/06/2012

Short description:-

A lot of complaints related to police is received in the commission. This case covers a
case where the applicant is being tortured by the police officials and they were
making false allegations on his wife.

Facts:-

Applicant resides in Minocha colony, Vaishali Pride, Flate no:-210. He was involved
in an argument with Sunny Sando due to parking. Following which Amit Sharma
builders cut the electricity of applicant’s house. His wife was beaten by non-applicant
no. (i), (ii) and (ii) when she tried to stop them from cutting the electricity. False
implications were made against the applicant and complaint was lodged in Harijan
Police station. Her wife was arrested in a false cheating case.

 A.S.I. Pathak had told applicant two years earlier that due to lack of evidence
and witness no case can be filed against her.

38
They registered the case when told by Amit Sharma.

Newspaper report:-

Applicant’s wife used to visit station before being arrested. One year earlier she
reached an agreement of 1lakh 15k with Ramesh Rajput to see her 11acre of land. At
the time of registry she flew to Haryana.

Various other complaints in various police stations have been files against her u/s 420
IPC.

Procedure:-

A letter was sent to I.G. from S.P. stating that inspector D.K.Sahu did not act
according to sec. 46 (4) Cr.Po and hence his salary was not to be paid for one year
was proposed and sent to I.G.

I.G. sent him a letter asking the reason behind this.

Answer was not satisfactory proposition withheld.

A letter was sent to S.P. Bilaspur asking him to send report within 30 days. Not
answered.

Again sent . Not answered

Sent again .

Report received

A letter u/s 16 was sent to D.K. Sahu

Not came.

Again sent.

Letter was received that he will be unable to come due to some reasons. Hence he
requested to give him another date.

Another notice date u/s16 was sent.

Reply was received. Unable to come. Another date was given.

Another notice u/s16 was sent.

Answer received.

Recommendation:-

39
D.K. Sahu had stated that on the information of absconding, she was arrested by lady
officer and his husband was informed. Non-applicant has denied all the allegations of
swindle

Issues Raised:-

Whether she was arrested unconstitutionally and her human rights were violated?

Non-applicant has accepted that he has made the arrest. Therefore her human rights
have been violated.

Commission asked the non-applicant to give her a fine of 15k.

A copy was forwarded to chairman, home ministry.

40
 Other Activities

 Witnessed the evidence collecting procedure by Joint secretary in the case no-
RYP/1121/2017 Ashok Tiwari vs CG Lok Seva Aayog.

 Witnessed two other evidence collecting procedure.

41
 FREQUENTLY ASKED QUESTIONS

Q. Is the Commission autonomous?

Answer: Yes, the Commission derives its autonomy, inter-alia, from the methos of
appointment of its Members, their fixity of tenure and statutory guarantee thereto, the
status they have been accorded and the manner in which the staff responsible to the
Commission including its investigative agency – will be appointed and conduct
themselves. The financial autonomy of the Commission is spelt out in Section 33 of
the Act.

Q. How to approach the Commission?

Answer: The victim or any person on his behalf, may submit complaints to the
Commission, giving full details of the subject matter along with signature and
complete postal address of the complaint.

Q. How much Court fee should be paid?

Answer: No Court fee or other stamp need be affixed on complaints petitions.

Q. How can the Commission be approached?

Answer: The Commission can be approached directly by the aggrieved person or

anybody on his/her behalf. Even no lawyer is necessary. The complaint petitions
neither require any verification nor supported by an affidavit. It need not necessarily
be in English and it can be a telegraphic complaint. But every complaint petition
should contain proper postal address of the complainant for communication.

Q. To whom the complaint may be addressed?

Answer: Every complaint may be address to Chairmen of Commission or Member's

or concerned officials to commission.

Q. Are all matters regarding violation of human rights by public servants taken
up by the Commission?

Answer: The Commission takes up matters excluding the following:

42
Complaints in regard to the event which occurred more than one year before the
making of the Complainant;

Matters which are sub-judice or under enquiry by any other Commission;

1. Matters which are vague, anonymous or pseudonymous.

2. Matters of frivolous nature; and

3. Matters like, dispute between landlord and tenant, conjugal dispute, disputes
relating to property, inheritance, partitions, etc.

4. Violation of human rights by members of Central Armed Forces.

Q. What is the jurisdiction of the Commission?

Answer:The Commission shall not inquire into any matter which is pending before a
National Commission or any other Commission duly constituted under any law for the
time being in force.

The Commission shall not enquire into any matter after the expiry of one year from
the date on which the act constituting violation of human rights is alleged to have
been committed.

Q. How does the Commission enquire into Complaints?

Answer: The Commission, while enquiring into complaints of violations of human

rights may call for information or report from the concerned Government or any other
authority or organization subordinate thereto within such time as may be specified by
it, provided that if the information or report is not received within the time stipulated
by the Commission, it may proceed to inquire into the complaint on its own; on the
other hand, if on receipt of information or report, the Commission is satisfied either
that no further inquiry is required or that the required action has been initiated or
taken by the concerned Government or authority, it may not proceed with the
complaint and inform the complaint on accordingly.

Q. What steps are open to the Commission after inquiry?

Answer: The Commission may take any of the following steps upon the completion
of inquiry:

1.Where the inquiry discloses any violation of human rights or negligence in the
prevention of violation of human rights by a public servant, the Commission may
recommend to the concerned Government or authority, the initiation of proceedings
for prosecution or such other action as it may deem fit against the concerned person or
persons

2.Approach the Supreme Court or the High Court concerned for such directions,
orders or writs as that Court may deem necessary.

43
3.Recommend to the concerned Government or authority for grant of such immediate
interim relief to the victim or the members of his family as the Commission may
consider necessary.

CONCLUSION

State Human Rights Commission is a Quasi- Judicial Body, which works for the
protection of the Human Rights as prescribed under the International Covenant on
Civil and Political Rights and the International Covenant on Economic, Social and
Cultural Right adopted by the General Assembly of the United Nations on December
16, 1966.

On my first day in CGHRC I was rather worried about how I would fit in, would I
lose my credibility if I didn’t know or missed any formalities. But, CGHRC turned
out to be one of the best experience for me.

Our major tasks was to study cases dealing with several aspects of Human Rights. But
that was not all! Through discussions with the members their I learned the procedures
and other reality we never were aware of.

The tedious task began when I had to study a pile of cases , in Hindi and convert
them. But thanks to that , I realized and learned a lot of ‘legal Hindi vocabulary
words’.

Whenever you find yourself stuck in some confusion, You will certainly find people
helping you. Be him the law officer or the invert desk member, everyone is ready to
help you apart from their busy schedule.

It was a great experience working in CGHRC as there were a number of files to go

through and learning about the different scenarios through it was a great learning
experience.

The only thing which I noticed that the work there is repetitive which makes the work
profile monotonous but the good thing is you will definitely find some new interesting
things if you go through it properly and discuss it with the law officer.

I think its the right time to expand the powers of the commission and give the decision
making power to them.

At last I would strongly recommend every law student to begin their internship
experience at any state HRC to know about the basics of the law and to know about
the working of the commission. One should take up the work very seriously because
you never know you might end up working here as an offical in the future.

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45