 Vol. 26  No. 5  May, 2019

NHRC booklets for rights' awareness

Inside .....  NHRC, attends 10th Session of the UN General Assembly’s... 2  Compliance with NHRC recommendations 9  Open House Discussion on the ‘Right to Food and Nutrition’ 3  NHRC visits IHBAS, Dilshad Garden, Delhi 10  NHRC releases booklets on ten subjects with a human rights perspective 4  Mr. Justice Prafulla Chandra Pant joins as Member, NHRC 10  NHRC research project on ‘Status of human rights education in... 5  Dr. Dnyaneshwar Manohar Mulay joins as Member, NHRC 11  Suo Motu Cognizance 6  Human Rights and NHRC in News, April, 2019 12  NHRC spot enquiries 8  Complaints received/processed in April, 2019 12  Recommendations for relief 8  Visit NHRC, India at: www.nhrc.nic.in HUMAN RIGHTS NEWSLETTER, MAY, 2019

“Education is the most powerful weapon which you can use to change the world” - Nelson Mandela NHRC, India attends 10th Session of the UN General Assembly’s Open-ended Working Group on Ageing delegation from the National General, NHRC, India spoke in the in the Life-long Learning process, the AHuman Rights Commission, India first Session on the Agenda Item 6: Government of India introduced in comprising Mr. Justice H.L. Dattu, “Focus Area : Education, Training, 1988 the National Literacy Mission Chairperson, NHRC and Mr. Jaideep Life-long Learning and Capacity to eradicate illiteracy; and in 1992, Govind, Secretary General, NHRC Building” on 16th April, 2019. He said the National Policy on Education th attended the 10 Session of the UN that the NHRC, India in accordance to provide a policy framework of Open-ended Working Group on with the mandate provided under the the education system. Continuing Ageing (OEWGA) in New York from PHR Act, 1993 has been monitoring Education (CE) Programme was th th 15 -18 April, 2019. The aim of the the status of the rights of older launched to achieve the policy goals Session was to provide substantive persons, particularly on the issues of aimed to cater to the diverse learning inputs on the two focused areas, equality and non-discrimination as needs and to create life-long learning namely, “Education, environment. With a view Training, Life-long Learning to expand the scope of the and Capacity Building” CE Programme, Life-long and “Social Protection and Education and Awareness Social Security (including Programme Centres were social protection floors)”. designated in 2007. The Working Group He said that another on Ageing was established variant of the National by the General Assembly Literacy Mission was by resolution 65/182 on launched in the form of st 21 December 2010. It Sakshar Bharat, which is mandated to examine provided functional the existing international literacy to non-literate and framework of the human From R to L : NHRC Chairperson, Mr. Justice H.L. Dattu and Secretary General, Mr. Jaideep Govind at the 10th session of OEWGA in New York facilitated skill development rights of older persons and opportunities for neo- and identify possible gaps and how well as violence, neglect and abuse. literates. In its efforts in the direction best to address them, including by It monitors aspects concerning social of life-long learning process, the Indian considering, as appropriate, the protection, security, health-care, access Government initiated the capacity feasibility of further instruments and to socio-economic programmes and building of the aged persons through measures. other rights and entitlements of older Integrated Programme for Older Addressing the opening persons. Persons, 2011 (revised in 2016). Session, Ms Amal Abou Rafeh, Further, in his intervention, the The University Grants Commission Chief, Programme on Ageing, UN (UGC) – the highest statutory body of Secretary General stated that the Department of Economics and Social higher education in India – formulated life-long learning is also a cherished Affairs introduced the subject and the Guidelines on Life-long goal of the Sustainable Development spoke at length about the challenges Learning and Extension. that lie ahead. Agenda. He informed the gathering that in order to contribute to the While participating in the Second Mr. Justice H.L. Dattu, Chairperson, Life-long Learning process, India, in Session, the Secretary General, NHRC NHRC, India, during the deliberations, the year 1966, formed the Indian stated that in India, there is a growing emphasized the need of the protection concern of demographic ageing in Education Commission, which stated of elderly persons by providing basic spite of the phase of demographic that “Education does not end with amenities like shelter, food, medical dividend. The Government of schooling, but is a lifelong process. care, maintenance and protection India, acknowledging the need to The adult needs an understanding against abuse. He said that the formulate policies and programmes of the rapidly changing world and Constitution of India guarantees for elderly persons, took the first the growing complexities of society.” equality before law, equal protection major initiative through the National of laws and non-discrimination to all However, it remained dominated by Policy on Older Persons (NPOP), persons, without exception. the concept of adult literacy. 1999 (revised in 2016), National Mr. Jaideep Govind, Secretary He said that continuing its efforts Council for Senior Citizens (NCSrC) 2 HUMAN RIGHTS NEWSLETTER, MAY, 2019 for formulation and implementation Programme for Senior Citizens, of the existing laws and Government of the programmes for the elderly National Old Age Pension Scheme, policies. In 2018, the Core Group persons, the Maintenance and 2007 and Annapurna Scheme to recommended the concerned Union Welfare of Parents and Senior provide financial assistance and food Ministries of the Government to Citizens Act, 2007, National security to Below Poverty Line (BPL) revise old age pension; nomination Programme for Health Care of elderly persons. The audience was also of a police official as a Nodal Officer the Elderly (NPHCE), Ayushman briefed about the Rashtriya Vayoshri in every police station for dealing with the issues concerning elderly Bharat, a health insurance scheme, Yojana (RVY) of the Government of persons; and replication of the launched in 2018 in order to provide India to cater to the need of assistive Switzerland’s “Time Bank Scheme”. healthcare facilities to the left-out technology and aids of senior citizens, The representatives of UN, State especially women, children and the especially senior citizens with disability. elderly without having put a cap on Parties, NGOs and other NHRIs made the family size and age. Information The Secretary General highlighted presentations and shared their best was also given about Senior Citizen’s that the Commission on its part practices and elaborated the areas and Welfare Fund established for is keeping a close watch on the issues where further protection and promoting financial security, welfare implementation aspects of various action is needed. of elderly widows, nutrition of senior programmes to ensure that the The details of the agenda citizens, old age homes, short stay benefits reached the targeted needy. deliberations and video link to the homes and day care for senior citizens. The Commission has a Core Group presentation made by NHRC, India The Secretary General also made on Disability and Elderly Persons to are available at https://social.un.org/ a brief mention of the Integrated assist it in review and enforcement ageing-working-group/. Open House Discussion on the ‘Right to Food and Nutrition’ he National Human Rights flagship schemes of the government, Food Security Act in line with Public TCommission, India held an open namely, ICDS and Mid-day Meal Distribution System and Integrated house discussion on the “Right to schemes. Child Development Services (ICDS) Food and Nutrition” at its premises Earlier, Mr. Jaideep Govind, which included, among others; th on the 12 April 2019. The aim was Secretary General, NHRC said that Inclusion and exclusion errors in the to review the status of the National the right to food is intrinsic to living identification of beneficiaries under Food Security Act, 2013, identify a life with dignity and it includes Public Distribution System (PDS); gaps in its effective implementation proper emphasis on adequate nutrition Marginal rise in total distribution of and recommend remedial measures. content, Chairning the discussion. Mr. Justice which must H.L. Dattu, Chairperson, NHRC said be met and that Article 21 read with Artice 47 not remain of the Consitution of India make a theoretical the State duty bound towards its concept. He obligation in effective realization said that of right to food of the citizens of although a the country. He highlighted that wide spectrum although in recent period, India has of national made a faster economic growth, the programmers/ nutritional status among women & schemes such children remains a matter of concern. as NFSA, NHRC Chairperson, Mr. Justice H.L. Dattu chairing the ‘Open House Discussion’ Justice Dattu dwelt upon the NDM, ICDS, challenges in realization of right to POSHAN Abhiyan have contributed food grains under the PDS from 51.4 food of the citizens of the country in towards improved nutrition outcomes, million tons to 55 million tons; Need terms of inaccurate identification of yet the pace of decline of nutritional for distributing millets through the household leakages in food grains status is far below what numerous PDS; Evaluation of PDS at regular delivery system, shortfall in storage countries with similar growth intervals; Weak grievance redressal capacity with FCI etc. He apprised trajectories to India have achieved. mechanism under the National Food the participants that the NHRC has The representatives from NGOs Security Act, 2013; Ensuring food been emphasizing on the proper and subject experts expressed their grains to extreme vulnerable group implementation of National Food concern on varied issues pertaining to especially tribals; Provision of culturally Security Act, 2013 and also the the implementation of the National appropriate food to the poor under 3 HUMAN RIGHTS NEWSLETTER, MAY, 2019

PDS; Poor functioning of biometric II. ICDS to shift its focus on lactating women, without any authentication; Social audits; Coverage children under three: The ICDS conditionalities. programme targets children mostly for the homeless children under The participants included, among the ICDS; ICDS to shift its focus on after the age of three, when others, Mrs. Jyotika Kalra, Member, children under three; Quality of food malnutrition has already set in. Mr. Jaideep Govind, Secretary grains being provided under the PDS; It does not focus on the critical General, Mr. Ravikant, Secretary, Restricting of maternity entitlements age group of children under three under the Pradhan Mantri Matritva years. It is suggested that the ICDS and Ms. Manisha Sen Sharma, Vandana Yojana to first child, etc. should focus on the children under Economic Advisor, Department of the age of three so that health Food and Public Distribution, Ministry Mr. Ravikant, Secretary, and nutrition interventions could of Consumer Affairs and Public Department of Food and Public be most effective. Distribution, Dr. Rajesh Kumar, Joint Distribution, Union Ministry of Secretary, Ministry of Women and Consumer Affairs and Public III. Ensuring food security to extreme vulnerable population Child Development, Ms. Ankita M. Distribution and Dr. Rajesh Kumar, especially the tribals: Ration Bundela, Secretary-cum-Commissioner, Joint Secretary, Union Ministry of should be ensured to the extreme Women and Child Development, Food Supplies and Consumer Affairs, vulnerable group, especially the apprised the participants of the Government of NCT Delhi, Mr. tribals/adivasis and the receipt of initiatives taken by their respective Shashank, Joint Director, Department ration by such groups must be Ministries to address the problem of of Social Welfare, GNCT of Delhi, available in the public domain in food security and malnutrition. representatives of NGOs and civil order to ensure transparency in society organizations working at Post intensive discussion, the the PDS. the grassroots level and the subject following recommendations were IV. Providing culturally experts such as Dr. N.C. Saxena, made: appropriate food to the poor Former Secretary to GOI, Planning under the PDS: There is a need I. Distribution of millets through Commission, Prof. K.B. Saxena, the PDS: Public Distribution that culturally appropriate food, which will satisfy the nutritional Council for Social Development also System being the single largest attended the programme. NHRC mechanism to reach the most and dietary needs of individuals officers, Mr. Prabhat Singh, Director vulnerable population, there may be provided under the PDS. General(I), Mr. Dilip Kumar, Joint should be a mechanism in place V. Maternity Entitlements Secretary (T & R), and Dr. M.D.S. Tyagi, for distribution of millets under under NFS Act 2013: Maternity this System to address the issue of entitlements under NFSA must Joint Director (Research) were nutritional security. be provided to all pregnant and present. NHRC releases booklets on ten subjects with a human rights perspective

he National Human Rights Commission, NHRC, TIndia has published a series of ten booklets on specific rights issues to generate awareness in society. Each booklet, in the first phase of the series, seeks to give information about a specific right with a human rights perspective and remedies available for redressal of violations thereof. The booklets were released by Mr. Justice H.L. Dattu, Chairperson, NHRC on the occasion of ‘Open House Discussion’ on the right to food and nutrition on the 12th April, 2019. NHRC Chairperson, Mr. Justice H.L. Dattu, Member, Mrs. Jyotika Kalra, Secretary General, The booklets are : Mr. Jaideep Govind and Mr. Prabhat Singh, Director General (I) releasing the booklets

 Rule of Law  Accessing Remedies in Law  The Right to Information  The Juvenile Justice Act  Fundamental Rights and Directive Principles  Child Labour and Child Marriage  International Human Rights Covenants and Conventions  The Right to Education  The Criminal Justice System  Protection of Children from Sexual Offences (POCSO) 4 HUMAN RIGHTS NEWSLETTER, MAY, 2019

The booklets have been structured Action Research Group (MARG) as part the disabled, right to healthcare, to deal with appropriate attitude of a project. reproductive rights and allied issues, towards the issue (respect for right), Under this, the Commission will domestic violence, rights of explanation of rights (knowledge of release total 27 booklets relating to indigenous people, rights of LGBTQI, law) and tips on how to use the law various rights issues. The other issues sexual offences, constitutional (knowledge and skills to secure rights). on which the booklets are being rights, right to food, right to shelter, These booklets have been developed prepared include, bonded labour, etc. in collaboration with an NGO, Multiple rights of elderly persons, rights of NHRC research project on ‘Status of human rights education in colleges and universities’ he National Human Rights conducted with students regarding motivated teaching atmosphere TCommission, India entrusted prospects and challenges of the in human rights, but also provide a research study titled “Status of contemporary trends in the human employment avenues to students Human Rights Education in Colleges rights education. and researchers in human rights. and Universities” to the Centre for Some of the major 4. There should be a national level Research in Rural and Industrial recommendations emanated from the online freely accessible data bank Development (CRRID), Chandigarh. research project are as under: with sufficient information about The objectives of the study were: 1. The provision for financial the availability and nature of (i) examine critically the implications assistance to universities and courses at various levels in the of human rights movement on policy colleges for Human Rights country. Provisions could also be formulations, especially with regard Education (HRE) should be made for students with degrees to higher education system in India; separated from General in human rights to register (ii) make an assessment about the Assistance (GDA) and there themselves so that employer could availability of courses on human rights should be exclusive, adequate and directly approach them. in the higher education system; (iii) sustainable financial assistance to examine the problems involved in 5. UGC offers National Eligibility the colleges and universities for students gaining access to higher Test (NET) in human rights, which promotion of HRE. education, especially courses on allows post-graduate students human rights; (iv) assess the existing 2. Financial assistance to the two to be eligible for employment course contents on human rights nodal centres (Central University in Universities and Colleges. education, at different levels ranging of Hyderabad and Tata Institute Similarly, the Union Public Service from graduation to post-doctorate of Social Sciences (TISS) at Commission and State Service in the area of Social Sciences, (vii) Mumbai) should be reinstated Commissions should introduce explore the prospects of introducing with provisions of recruitment Human Rights subject in their teaching and research in human rights and maintenance of teaching competitive exams so that the education in the curricula of Social and support staff. As envisioned respective Commissions get its Science disciplines in Central and State during the XIth Plan, the remaining young officials already trained in Universities affiliated colleges and four nodal centres should be human rights issues. Research Institutions. established as soon as possible in 6. There should be a compulsory different parts of the country. course/paper on human rights Out of 789 universities and colleges across India, 65, which 3. To promote employment in in all orientation programmes run courses on human rights, were universities and colleges, for new employees in public and selected for the purpose of the study. applicants with human rights private sector. The duration and Besides these, another 65 institutions background should be given content of the course may be were also consulted for comparative weightage and priority in determined on the basis of the analysis wherein no such courses recruitments in departments nature of the employment. are being offered. The primary data offering HRE. Even if a faculty 7. The perception about the was collected through face-to-face from other social science course that it lacks employment interaction/interview with relevant discipline is recruited, there opportunity needs urgent stakeholders including Deans, Heads should be compulsory provision attention. Attempts should be of Departments/Centres, Directors, Dy. for obtaining a suitable degree in made not only on increasing the Directors, Principals, Senior Faculty, human rights within a specified number of courses and students Researchers and Students. Focused period. Doing so, would not but also on the gradual seeding Group Discussions (FGDs) were also only ensure specialized and of human rights education in the 5 HUMAN RIGHTS NEWSLETTER, MAY, 2019

educational institutions to learn that specific area, rather following information based on credible and understand and promote a top down universal curriculum. assessment of the status of human rights in the society. 9. The Government of India has human rights education in higher 8. Universities and Colleges of so far not participated in any of educational institutions in India is excellence should be allowed the assessment calls by United appropriately recorded and made the flexibility to design and offer Nations’ World Programme for accessible for academic scrutiny courses on human rights that are Human Rights Education at several and analyses. more pertinent to the needs of occasions. It is thus needed that Suo Motu Cognizance he Commission took suo motu 25th April, 2019. It has issued a notice did not deal the situation in proper Tcognizance in 12 cases of alleged to the Director General of Prisons, manner, which resulted in humiliation human rights violations reported by Haryana calling for a detailed report and physical injuries to the victims. media during April, 2019 and issued in the matter. The Commission has Intermediate result goof up; notices to the concerned authorities observed that the contents of the about 3 lakh students fail and for reports. Summaries of the cases are media report, carried on the 26th April, 18 commit suicide as follows: 2019, if true, amount to violation (Case No. 410/36/0/2019) of the Right to Life of the prisoner Collapse of the part of The media reported that while in the custody of the State. civil hospital roof top 18 students committed suicide (Case No. 951/7/5/2019) The Commission has also observed since March 2019, who were that despite its guidelines, it has not The media reported that in declared failed in the intermediate received any intimation from the Jail Gurugram, Haryana 16 newborn examinations, conducted by the or the State authorities regarding this babies had a narrow escape after a Board of Intermediate Education (BIE), custodial death. part of the ceiling of the government Telangana. Reportedly, large-scale hospital came off. Though, there Police action injuring many lawyers discrepancies triggered furore in the were no injuries to the babies but the (Case No. 771/25/9/2019) State after about 3 lakh students failed incident has exposed the risk to the The media reported that as in the exams and the students and patients in the civil hospital building, many as 20 persons, including the parents were staging protests. which had already been deemed Civic Agency staff and the lawyers The Commission has issued dangerous by the agencies concerned received head injuries in police action a notice to the Chief Secretary, as on multiple occasions, the slabs had th in Howrah, West Bengal on the 24 Government of Telangana calling for a fallen off. April, 2019. Reportedly, demanding detailed report in the matter, including The Commission has issued action against the police personnel, action taken against the guilty and a notice to the Chief Secretary, the Bar Council of West Bengal relief, if any, provided to the aggrieved Government of Haryana calling for a observed black day throughout the families. detailed report in the matter. It has State and resolved to cease the work It has observed that the contents observed that apparently, a crucial till 29th April, 2019 in solidarity with of the news reports, if true, raise the project of shifting the hospital to a the lawyers of Howrah. According to issues of serious lapse on the part of new building and arrangement of a media reports, the incident happened the authorities amounting to violation proper building for the school students following the lawyers’ faceoff with the of human rights. Thorough probe has been recklessly ignored by the Howrah Municipal Corporation staff into the matter is required not only to administration. The State is responsible over parking. punish the guilty but also to ensure to ensure best medical care, education, The Commission has issued a safety and security to its citizens. This that such sorrowful incidents do not notice to the Director General of recur in future. is a fit case of violation of human Police, West Bengal calling for a According to the media reports, rights due to negligence by the civic detailed report in the matter, including hundreds of students failed to authorities. action taken against the delinquent get even pass marks. The State Suicide by a prisoner police personnel and health status Education Ministry, the Board and (Case No. 950/7/5/2019-AD) of the victims. It has observed that the Government initially dismissed The media reported that a the contents of the news report, if the allegations but later gave in to 24-year-old inmate lodged in Bhondsi true, raise serious issue of violation the growing protests. The aggrieved Jail of Gurugram, Haryana, allegedly, of human rights of the victims, who students had also approached the committed suicide by hanging himself have sustained injuries in the incident. High Court. inside the washroom of the jail on the Apparently, the police personnel 6 HUMAN RIGHTS NEWSLETTER, MAY, 2019

Co-dwellers of starvation death Reportedly, the Deputy Chief Right to Life of the victim. Accordingly, victims not getting ration Minister of the Government of NCT it has issued a notice to the Director (Case No. 1701/30/2/2019) of Delhi, accompanied by the officers General of Police, Punjab calling for The Media reported on the 8th from the Department of Food and a detailed report in the matter within April, 2019 that ration cards elude Supplies had visited the building on four weeks. The Commission directed th 30-odd families in the same building 26 July, 2018, after the death of him to explain why this case of of East Delhi, where three minor girls three minors due to starvations. It was custodial death had not been reported had died of starvation eight months assured that all the residents would to it as per its guidelines. ago. Reportedly, after the death be given ration cards but, till date, According to the media reports, of the three minor girls, the Delhi nothing has happened. the deceased has been identified as Government had promised ration Abduction, rape and murder Karan, a resident of Prem Colony, cards to all those, who lived in the of a nine year old girl Bhamia Khurd in Ludhiana district building. The entire area is deprived (Case No. 584/13/16/2019-WC) of Punjab. He along with his friend, of basic amenities and the garbage is The media reported on the 7th Gautam was arrested by the police, also being dumped near the residential April, 2019 that a nine year old girl, on the 06th April, 2019 and a stolen area. who had gone missing on the 4th April, motorcycle was recovered from them. The Commission has issued 2019 from the Nehru Nagar slum According to another media report, the a notice to the Chief Secretary, area of Juhu, Mumbai, was found family members of the victim alleged Government of NCT of Delhi, calling murdered on the 6th April, 2019. Her that he was taken away by the police, for a detailed report including action body was recovered from a septic tank without disclosing any reason and later taken after the deaths of the minor of her locality. Reportedly, preliminary he was framed in the vehicle lifting case. girls by the department concerned medical reports have confirmed and present status of the applications Death of 10 MGNREGA women workers that she was raped and murdered. pending for issuance of ration cards (Case No. 366/36/0/2019) According to the media report, a and status of Public Distribution The media reported on the 11th similar incident had happened in System along with basic amenities in April, 2019, that at least 10 women the J.J. Marg area about one and the area. working under the MGNREGA scheme half years ago. The Commission The Commission has observed died when an embankment caved has issued notices to the Director that the contents of the news report in on them in Narayanpet district General of Police, Maharashtra and are quite disturbing that even after of Telangana. The Commission has the Commissioner of Police, Mumbai the death of three young girls due to issued a notice to the Chief Secretary, calling for a detailed report in the starvation; seemingly, the authorities, Government of Telangana calling for matter. in the Government of NCT of Delhi, detailed report of the tragic incident have not woken up. Apparently, the It has observed that it seems, including action taken against guilty, innocent people have become victims the area lacks proper patrolling and relief and rehabilitation to the families of the State’s apathy and inhuman monitoring by the police authorities. of the victims and status of the safety approach. This is a serious case of The culprit in the instant case, has measures at such sites where deep violation of Right to Food of the poor a criminal background, as he was digging is conducted. people. reportedly, arrested by the police in The Commission has observed According to the media report, the year 2013. The local police officials that the contents of the media the Delhi government’s Food & Civil are expected to be vigilant about report, if true, raise a serious issue of Supply department officials have suspicious activities of these anti-social violation of the right. Poor villagers, stated that under current rules, eligible elements so that such heinous crimes who are not skilled workers and applicants are required to have the could be averted. The Right to Life need a job to earn their livelihood, same address on the Aadhar Card and Dignity of the innocent victim has do opt to work under MGNREGA where they currently reside. A module been grossly violated. is reportedly being developed by scheme. The deceased, no doubt, the Central Government to enable Death of a youth in police custody belonged to the poorest strata, the beneficiaries to procure ration (Case No. 336/19/10/2019-AD) way, the embankment has collapsed anywhere in the country with the card The media reported on the 8th and negligence on the part of the issued to them on the permanent April, 2019, that a 22-year-old youth, contractor and the department address or any other place but the arrested in a vehicle theft case, died concerned cannot be ruled out. It same is yet to be implemented. It is in the police custody at the Janakpuri seems that neither any precaution also mentioned that till this system post in district Ludhiana, Punjab on the was taken by the authorities nor any comes into implementation, applicants 7th April, 2019. The Commission has kind of help was available on the spot. have to submit Aadhar, having a observed that the news reports, if true, If safety measures were taken, ten Delhi address. amount to serious issue of violation of human lives may have been saved. 7 HUMAN RIGHTS NEWSLETTER, MAY, 2019 NHRC spot enquiries Following is the list of case wherein spot enquiries were conducted by the Commission’s officers in its Investigation Division: S. No. Case Number Allegations Date of visit 1 1034/4/34/2017-WC dowery death or their attempt 01/04/2019 to 05/04/2019 2 2970/30/9/2017 failure in taking lawful action 02/04/2019 to 05/04/2019 3. Visit to IHBAS to evaluate facilities at the institution. 11/04/2019 4. 4138/30/8/2014 inaction by the govt.officials 25/04/19 to 26/04/19 5. 342/12/8/2019-WC (Re Enquiry) Rape and false implication by AGP 11/04/2019 to 12/04/2019 6. 640/7/6/2019 Custodial Torture 08/04/2019 to12/04/2019 7. 9499/24/52/2019 Allegation rape & abuse of power by the police 10/04/2019 to 12/04/2019 Recommendations for relief part from the large number of cases taken up daily by individual Members, 33 cases were taken up during 01 sitting of ADivisional Bench in April, 2019. On 39 cases, the Commission recommended monetary relief amounting to a total of `7305000/- for the victims or their next of kin, where it found that public servants had either violated human rights or been negligent in protecting them. The specific details of these cases can be downloaded from the NHRC website by logging the case number given in the table below: Sl. Amount Public No. Case Number Nature of Complaint Recommended (in `) Authority 1 568/36/3/2016 CHILDREN 160000 TELANGANA 2 2388/18/16/2016 IRREGULARITIES IN GOVT.HOSPITALS/PRIMARY HEALTH CENTRES 300000 ODISHA 3 5930/30/9/2015-JCD CUSTODIAL DEATH (Judicial) 200000 DELHI 4 6379/7/6/2015-JCD CUSTODIAL DEATH (Judicial) 300000 HARYANA 5 3858/18/34/2017-JCD CUSTODIAL DEATH (Judicial) 100000 ODISHA 6 6/19/9/2015-JCD CUSTODIAL DEATH (Judicial) 300000 PUNJAB 7 23479/24/15/2013-JCD CUSTODIAL DEATH (Judicial) 100000 8 36479/24/1/2014-JCD CUSTODIAL DEATH (Judicial) 100000 UTTAR PRADESH 9 1835/35/6/2013-JCD CUSTODIAL DEATH (Judicial) 300000 10 7359/24/8/2015-BL BONDED LABOUR 25000 UTTAR PRADESH 11 1219/4/12/2018 POLICE 200000 BIHAR 12 1836/18/3/2018-WC RAPE OUTSIDE POLICE STATION 100000 ODISHA 13 387/13/23/2018 ABUSE OF POWER 600000 MAHARASHTRA 14 4092/18/5/2014 ABUSE OF POWER 150000 ODISHA 15 2078/20/5/2016 ABUSE OF POWER 100000 RAJASTHAN 16 49981/24/57/2014 ATROCITIES ON SC/ST (BY POLICE) 10000 UTTAR PRADESH 17 3676/4/10/2013-PCD CUSTODIAL DEATH (Police) 200000 BIHAR 18 5553/30/10/2016 CUSTODIAL TORTURE 50000 DELHI 19 1179/7/3/2018 FAILURE IN TAKING LAWFUL ACTION 100000 HARYANA 20 178/10/22/2018 FAILURE IN TAKING LAWFUL ACTION 100000 KARNATAKA 21 996/10/15/2017 FAILURE IN TAKING LAWFUL ACTION 100000 KARNATAKA 22 33889/24/79/2016 FAILURE IN TAKING LAWFUL ACTION 50000 UTTAR PRADESH 23 7361/30/4/2014 FALSE IMPLICATIONS 100000 DELHI 24 25395/24/9/2015 ILLEGAL ARREST 30000 UTTAR PRADESH 25 27864/24/31/2015 ILLEGAL ARREST 75000 UTTAR PRADESH 26 1598/34/16/2012 UNLAWFUL DETENTION 30000 JHARKHAND 27 3454/24/36/2010-AD ALLEGED CUSTODIAL DEATHS IN POLICE CUSTODY 500000 UTTAR PRADESH 28 17442/24/53/2017-WC ABDUCTION, RAPE AND MURDER 300000 UTTAR PRADESH 29 4537/30/7/2017-WC GANG RAPE 100000 DELHI 30 14732/24/36/2016-WC GANG RAPE 10000 UTTAR PRADESH 31 41703/24/20/2013-WC INDIGNITY OF WOMEN 5000 UTTAR PRADESH 32 640/20/8/2018-WC RAPE 50000 RAJASTHAN 33 955/1/5/2015 INACTION BY THE STATE GOVERNMENT/CENTRAL GOVT.OFFICIALS 210000 ANDHRA PRADESH 34 19/2/14/2018 INACTION BY THE STATE GOVERNMENT/CENTRAL GOVT.OFFICIALS 400000 ARUNACHAL PRADESH 35 1328/18/10/2018 INACTION BY THE STATE GOVERNMENT/CENTRAL GOVT.OFFICIALS 100000 ODISHA 36 3206/18/14/2017 INACTION BY THE STATE GOVERNMENT/CENTRAL GOVT.OFFICIALS 100000 ODISHA 37 4477/18/17/2017 INACTION BY THE STATE GOVERNMENT/CENTRAL GOVT.OFFICIALS 600000 ODISHA 38 17000/24/54/2018 INACTION BY THE STATE GOVERNMENT/CENTRAL GOVT.OFFICIALS 1000000 UTTAR PRADESH 39 733/10/1/2016 ATROCITIES ON SC/ST/OBC 50000 KARNATAKA

8 HUMAN RIGHTS NEWSLETTER, MAY, 2019

Compliance with NHRC recommendations n April,, 2019 the Commission closed 39 cases on receipt of compliance reports from different public authorities, Ifurnishing proof of payments, it had recommended, totalling `17790000/- the victims of human rights violations or their next of kin. The specific details of these cases can be downloaded from the NHRC website by logging the case number given in the table below: Sl. Amount Public No Case Number Nature of Complaint Recommended (in `) Authority 1 2168/18/32/2013 SEXUAL HARASSMENT 100000 ODISHA 2 212/6/9/2010 PUBLIC HEALTH HAZARDS 1600000 GUJARAT 3 2540/7/17/2013 MALFUNCTIONING OF MEDICAL PROFESSIONALS 600000 HARYANA 4 3492/24/54/2015 MALFUNCTIONING OF MEDICAL PROFESSIONALS 100000 UTTAR PRADESH 5 28905/24/51/2016 IRREGULARITIES IN GOVT.HOSPITALS/PRIMARY HEALTH CENTRES 100000 UTTAR PRADESH 6 1234/1/19/2013-JCD CUSTODIAL DEATH (Judicial) 300000 ANDHRA PRADESH 7 4/2/15/2014-JCD CUSTODIAL DEATH (Judicial) 200000 ARUNACHAL PRADESH 8 1578/34/11/2013-JCD CUSTODIAL DEATH (Judicial) 200000 JHARKHAND 9 551/36/8/2016-JCD CUSTODIAL DEATH (Judicial) 200000 TELANGANA 10 10881/24/53/2012-JCD CUSTODIAL DEATH (Judicial) 200000 UTTAR PRADESH 11 456/25/5/2013-JCD CUSTODIAL DEATH (Judicial) 100000 WEST BENGAL 12 41860/24/40/2015-WC RAPE OUTSIDE POLICE STATION 500000 UTTAR PRADESH 13 15100/24/34/2013 ABUSE OF POWER 75000 UTTAR PRADESH 14 1831/24/23/2015 ABUSE OF POWER 200000 UTTAR PRADESH 15 1168/34/23/2012-PCD CUSTODIAL DEATH (Police) 200000 JHARKHAND 16 12864/18/17/2015-PCD CUSTODIAL DEATH (Police) 500000 ODISHA 17 1717/22/35/2014-PCD CUSTODIAL DEATH (Police) 300000 TAMIL NADU 18 18/2/4/2012 CUSTODIAL TORTURE 50000 ARUNACHAL PRADESH 19 2347/4/22/2013 CUSTODIAL TORTURE 25000 BIHAR 20 5943/30/8/2013 CUSTODIAL TORTURE 200000 DELHI 21 5659/30/2/2012 DEATH IN POLICE FIRING 200000 DELHI 22 1/15/0/2013-ED DEATH IN POLICE ENCOUNTER 1000000 MEGHALAYA 23 9/15/5/2015-ED DEATH IN POLICE ENCOUNTER 500000 MEGHALAYA 24 16593/24/18/2010-AFE ALLEGED FAKE ENCOUNTERS 500000 UTTAR PRADESH 25 2666/20/11/2015 FAILURE IN TAKING LAWFUL ACTION 30000 RAJASTHAN 26 30196/24/30/2015 FAILURE IN TAKING LAWFUL ACTION 100000 UTTAR PRADESH 27 5135/24/30/2015 FALSE IMPLICATIONS 25000 UTTAR PRADESH 28 42848/24/31/2012 UNLAWFUL DETENTION 25000 UTTAR PRADESH 29 12170/24/3/2012-AD ALLEGED CUSTODIAL DEATHS IN POLICE CUSTODY 100000 UTTAR PRADESH 30 334/6/9/2010 ENVIRONMENTAL POLLUTION 8400000 GUJARAT 31 11220/24/8/2014-WC ABDUCTION, RAPE AND MURDER 50000 UTTAR PRADESH 32 36492/24/18/2012 ABDUCTION, RAPE AND MURDER 50000 UTTAR PRADESH 33 225/3/8/2015-WC GANG RAPE 200000 ASSAM 34 2163/13/16/2014-WC SEXUAL HARASSEMENT (GENERAL) 100000 MAHARASHTRA 35 955/1/5/2015 INACTION BY THE STATE GOVERNMENT/CENTRAL GOVT.OFFICIALS 210000 ANDHRA PRADESH 36 2177/18/31/2014 INACTION BY THE STATE GOVERNMENT/CENTRAL GOVT.OFFICIALS 100000 ODISHA 37 2676/18/18/2017 INACTION BY THE STATE GOVERNMENT/CENTRAL GOVT.OFFICIALS 300000 ODISHA 38 31042/24/3/2013 INACTION BY THE STATE GOVERNMENT/CENTRAL GOVT.OFFICIALS 100000 UTTAR PRADESH 39 1190/20/9/2014 VICTIMISATION 50000 RAJASTHAN

9 HUMAN RIGHTS NEWSLETTER, MAY, 2019

NHRC visits IHBAS, Dilshad Garden, Delhi s. Jyotika Kalra, Member, NHRC with a woman in Semi-open inmates. Mvisited the Institute of Human female ward of IBHAS revealed • Problem in the legal term Behaviour and Allied Sciences that she was left at there by ‘unsoundness of mind’: (IHBAS) on the 11th April, 2019 for her husband after a quarrel Several laws in India, contain the an on the spot review to evaluate with him and she has been in term unsoundness of mind and the functioning of the institution. the institution ever since as his Director, IHBAS, Prof Nimesh G. Desai, husband is not willing to take her existence of it in a person can informed that perception to deal back. be used as grounds for divorce, reduction of legal capacities with mental illness through custodial • Challenges in reinstating the mechanisms, i.e. imprisonment has patients back to their families: etc. In this context, Dr. Desai to change in society. In Delhi, as It has been often observed that explained that people often informed by Dr. Desai, the only place families don’t want to take these come to IBHAS to ascertain of persons with mental illness was people back, the causes for this someone’s unsoundness of mind, Tihar Jail’s mental ward for long. may be the economic burden, which is impossible as there are With advancement of medicine and the people with mental illness no rational parameters defining psychiatry, the concept of mental may have on the family, the fear unsoundness of mind. The illness transitioned to a medical model of dealing with them, the stigma concerned Ministry be asked to where mental illness was deemed of mental illness. Therefore, consider defining “unsoundness curable within the institutional rehabilitation programme for of mind” boundaries of mental hospitals. IBHAS such women should be evolved. hospital setup is 50 years old and its The Member was assisted in • Denial of legitimate economic teaching and research institute is 27 the process by the NHRC officers, rights of persons with mental years old. illness: IBHAS does help such who included Mr. K. K. Srivastava, The Following important issues people with legal services to deal Assistant Registrar(Law), Mr. Kulbir were flagged and recommendations with the situation, however, the Singh, Deputy Superintendent of for course correction were made: victims have not been able to get Police, Smt. Manju Rani, PPS to • False victimization of women their rights. Therefore, adequate Member and Ms. Tania, Research as mentally ill: An interaction legal aid be provided to the Consultant. Mr. Justice Prafulla Chandra Pant joins as Member, NHRC n pursuance of the Warrant of Appointment, on 30th August, 1952. After his primary Isigned by the , Mr. Justice and secondary education, he graduated Prafulla Chandra Pant assumed office as Member from Allahabad University with a degree of of the National Human Rights Commission on Bachelor of Science, and thereafter, obtained the 22nd April, 2019. Prior to his appointment as the degree of LL.B from Lucknow University. Member, NHRC, he was a Judge of the Supreme Justice Pant enrolled with the U.P. Bar Court of India from 13th August, 2014 to 29th Council at Allahabad in 1973, and practiced August, 2017. He was born in the State of Law in the High Court of Judication at Uttarakhand (then part of Uttar Pradesh State) Allahabad. From Feb 1976 to Nov 1976, he 10 HUMAN RIGHTS NEWSLETTER, MAY, 2019 served as Inspector Central Excise and and Sessions Judge at before till 12th August, 2014. On being Customs at Sagaur, M.P. Thereafter, being posted as Registrar General further elevated, he took oath of he entered into Uttar Pradesh Judicial of the High Court of Uttarakhand Office of Judge, Supreme Court Service in the year 1976 through at Nainital. He took oath of Office of India on 13th August 2014 and th Uttar Pradesh Civil (Judicial) Services of Additional Judge, High Court of demitted the office on 29 August Examination, 1973. He was promoted Uttarakhand with effect from 29 June 2017. 2004, where after, on 19th February to Uttar Pradesh Higher Judicial He has written books on 2008, he was administered oath as a different subjects of law, which Service in 1990. permanent Judge of the Uttarakhand include, ‘Marriage, Divorce and other After creation of the new State High Court. He assumed charge of matrimonial disputes’, ‘Commentary of Uttarakhand, he served as the Office of Chief Justice of the High on Code of Civil Procedure’, ‘Relief of first Secretary, Law and Justice of the Court of Meghalaya at Shillong on Injunctions and Sundar Nirnay Kaise State. He also held the post of District 20th September, 2013 and continued Likhen’ (in Hindi). Dr. Dnyaneshwar Manohar Mulay joins as Member, NHRC n pursuance of the Warrant of the year 1981 and succeeded in the help Indians IAppointment, signed by the Union Public Service Commission stranded President of India, Dr. Dnyaneshwar (UPSC) examination before being in overseas Manohar Mulay assumed office as selected in the Indian Foreign Service countries and Member of the National Human in 1983. to ensure no th Rights Commission on the 25 April, Prior to joining the Commission, Indian suffers 2019. He was born in 1958 in Village Dr. Mulay served as a Diplomat in the in distress in Arag in Sangli District of Maharashtra. Indian Foreign Service from 1983–2019 any overseas His father Manohar Krishna Mulay and served in various important location. was a farmer, while Mother Akkatai capacities including the Consul He has written over 15 books, Mulay has been a homemaker. General of India, New York and High which have been translated in Arabic, At the age of 10, he left Commissioner of India, Male. Dhivehi, Urdu, Kannada and Hindi. the village to join Rajarshi Shahu He is a renowned author, His magnum-opus – ‘Maati Pankh Chatrapati Vidyaniketan, Kolhapur, a columnists, motivator, diplomat and ani Akash’, written in Marathi, has school that was founded by the Zilla former Secretary to the Government received immense popularity and Parishad to nurture talent from rural of India. His unique strengths include has also been prescribed in the Arts areas. He became the first student huge experience and expertise at curriculum at the North Maharashtra from rural area to win the Jagannath national, local and international level. University, Jalgaon. He has inspired Shankarsheth Award by securing He has as worked in the Ministries of several socio-educational projects highest marks in Sanskrit at SSC Finance, Commerce, External Affairs including ‘Balodyan’, an orphanage exam in 1975. Obtained B.A. (English and Cabinet Secretariat. He knows in his native village. A documentary Literature) degree from the Shahaji many languages including Hindi, titled ‘Gypsy’, highlighting the life Chattrapati College, Kolhapur and Marathi, English, Sanskrit, Kannada, and work of Dnyaneshwar Mulay, stood first in the University for which Japanese, Russian, Punjabi and has an produced by Director Dhananjay also won the prestigious Dhananjay extensive network of people all over Bhawalekar received ‘Special Keer Award. the world. Jury Award’ at the Delhi Short Seeking to join the civil services Among his various assignments in Film Documentary Festival. Well- and realizing that there was a dearth public service, one of the most recent known writer Deepa Deshmukh of study resources and guidance in and remarkable is the opening of 410 authored a book on him titled as ‘Dr. Kolhapur, he relocated to Mumbai; new Passport offices in his leadership Dnyaneshwar Mulay – Passport Man of India’. studied Personnel Management at the thereby taking passport office to every Mumbai University and won the Peter Lok Sabha constituency. From a mere The D.Y. Patil University of Alvarez medal for standing first in 77 passport centres in the country, Mumbai honoured him with Doctor the University. Subsequently he stood the number in 2019 stands at 510. of Literature (D.Litt.) (honoris causa) first in the Maharashtra Public Service He was also instrumental in for ‘exemplary contribution to society’ Commission (MPSC) examination in creating a strong framework to in January, 2017. 11 RNI No. 59340/94 HUMAN RIGHTS NEWSLETTER, MAY, 2019

Human Rights and NHRC in News, April, 2019 uring the month of DApril, 2019, the Media & Communication Wing prepared 8 press releases based on the proceedings of the Commission in different cases. Total 662 news clippings on various human rights issues were culled out from different/select editions of major English and Hindi newspapers and some news websites. News clippings related to 8 incidents of alleged human rights violations were brought to the notice of the Commission, for suo motu cognizance. 23 news stories, wherein there was a specific reference to the interventions by the NHRC, can be seen at ‘NHRC-in-News’ on the website of the Commission.

Complaints received/processed in April, 2019 Important Telephone Numbers of the Commission: Facilitation Centre (Madad) : 011-2465 1330 (As per an early estimate) For Complaints : Fax No. 011-2465 1332 Number of fresh complaints received in the 5,497 For filing online complaints : www.nhrc.nic.in, hrcnet.nic.in, common service centers Commission Other Important E-mail Addresses Number of cases disposed of including fresh 5,689 [email protected] (For complaints), [email protected] and old (For general queries/correspondence) Number of cases under consideration of the 19,797 Focal point for Human Rights Defenders Commission including fresh and old Mobile No.: 9810298900, Fax No. 011-2465 1334 E-mail : [email protected] This Newsletter is also available on the Commission’s website www.nhrc.nic.in NGOs and other organizations are welcome to reproduce material of the Newsletter and disseminate it widely acknowledging the NHRC. Printed and Published by Jaimini Kumar Srivastava, Deputy Director (Media & Communication) on behalf of the National Human Rights Commission and Printed at Dolphin Printo- Graphic, 4E/7, Pabla Building, Jhandewalan Extn., New Delhi-110055 and published at National Human Rights Commission, Manav Adhikar Bhawan, Block-C, GPO Complex, INA, New Delhi-110023. Editor : Jaimini Kumar Srivastava Design : Jaimini Kumar Srivastava Editor's Contact Ph. : 91-11-24663381, E-mail : [email protected]