ANNUAL REPORT 2016-2017 NATIONAL HUMAN RIGHTS COMMISSION, INDIA Chairperson NHRC F o r e w o r d The National Human Rights Commission is pleased to present to the Parliament and people of India, its twenty-fourth Annual Report for the period from 01 April 2016 to 31 March 2017. 2. The National Human Rights Commission has completed 24 years of its pioneering work in the promotion and protection of human rights since its establishment on 12 October 1993 under the Protection of Human Rights Act, 1993. Since then, the Commission has consistently worked towards bringing a human rights-centered approach in the Government at Central and State levels, as well as towards creating human rights awareness and sensitization amongst public authorities and civil society. Through the years, the Commission has channelized its efforts towards broadening the ambit of human rights to ensure the protection of the civil and political rights of the people as well as safeguard their economic, social, and cultural rights. 3. In a society as diverse as ours, the indivisibility and inter-connectedness of human rights, whether civil and political or economic, social and cultural, is self-evident, especially in respect of the most vulnerable, including people belonging to Scheduled Castes, Scheduled Tribes, Women, Children, Disabled and other vulnerable groups. The deprivation, problems and concerns that confront each of these groups, remained an important area of concern for the Commission during the period under review. 4. Accordingly, during 2016-2017, the Commission continued to intervene in matters concerning civil and political rights, on the basis of suo motu cognizance of media reports as well as complaints received. Further, in fulfillment of its mandate and diverse functions envisaged under Section 12 of the Act, the Commission also continued to address rights relating to health, food, education, rights of persons belonging to Scheduled Caste and Scheduled Tribe communities as well as other vulnerable groups, including women, children, disabled and the elderly, human rights education, and training and awareness. 5. It is heartening to note that the Commission’s relentless efforts for the protection and promotion of human rights have led to a phenomenal increase in the number of complaints it receives each year. This is indicative not only of the growing awareness of human rights among the people, but also their growing confidence that the Commission is an able and responsible institution, firmly committed to safeguarding their rights. It is a matter of great satisfaction that, in almost all cases, Government authorities have complied with the NHRC’s recommendations for providing relief to victims and initiating action against errant officials. 6. To further expand its reach across the country, the Commission is forging newer and more comprehensive partnerships with various sections including key stakeholders such as, the judiciary, police personnel, government officials, media, representatives of NGOs and civil society organizations, and academia (including students), most notably through its coveted internship programmes, publications, seminars, workshops, training, consultations and other such means. Further, the Commission is making all-out efforts to make its complaint handling even more effective, and has accordingly, designed, developed and implemented a web-based version of Complaint Management System software using technical support of National Informatics Centre (NIC), which enables the complainant. 7. The present Annual Report for 2016-2017 of the National Human Rights Commission, inter alia, describes at length, the important activities of the Commission and its numerous initiatives undertaken during 2016-2017 for a more robust protection and promotion of human rights in the country. 8. It is the Commission’s ardent hope that the present Annual Report will not only serve to inform its readers of the important initiatives undertaken by the Commission during the last year, but also encourage both, government and civil society to think more closely about the human rights challenges that we collectively face as a nation and to chart ways to address these challenges in an inclusive and holistic manner. (Justice H. L. Dattu) (Former Chief Justice of India) NATIONAL HUMAN RIGHTS COMMISSION CONTENTS CHAPTER 1 INTRODUCTION 1 CHAPTER 2 HIGHLIGHTS 4 CHAPTER 3 NHRC : ORGANIZATION AND FUNCTIONS 30 CHAPTER 4 CIVIL AND POLITICAL RIGHTS 38 A. Terrorism and Militancy 38 B. Custodial Violence and Torture 39 C. Important Illustrative Cases 39 a) Custodial Deaths 39 Judicial Custody 39 1. Death of an Accused Madan (23 Years) on 18.08.2015 in the 39 Custody of PS Central Faridabad, Haryana (Case No. 7030/7/3/2015-PCD) 2. Death of Undertrial Prisoner, Raju alias Rajendra, while in Judicial 40 Custody, in the Central Jail, Kota, Rajasthan (Case No. No.922/20/21/2013-JCD) 3. Death of an Undertrial Prisoner in Judicial Custody in Sub-Jail, 42 Bhongir, Andhra Pradesh (Case No.403/1/14/09-10-JCD) 4. Death of an Undertrial Prisoner in Central Jail No.1, Tihar, New 44 Delhi, for Want of Timely Proper Medical Care (Case No. 2632/30/1/2012-JCD) b) Unlawful, Arrest, Illegal Detention and Torture 46 5. Illegal Detention of One Safiujjaman Sarkar and Extortion of 46 Money by Hariharpara PS Police, Murshidabad, West Bengal (Case No. 1066/25/13/2014) ANNUAL REPORT 2016-2017 i NATIONAL HUMAN RIGHTS COMMISSION 6. Illegal Detention and Torture of Complainant’s Son Rajiv alias 47 Guddu, Resident of Village Yakabgarhi, Dhanaura Police Station, Jyotiba Phule Nagar, Uttar Pradesh, for 8 Days in Police Station (Case No.12111/24/41/2012) c) Police High-handedness 48 7. One Prem Giri, aged 54 years, Resident of Mohalla Pokhra Baseri 48 District Dholpur, Rajasthan Beaten to Death by Police (Case No. 506/20/12/2014) 8. False Implication of Gautam Kumar in a Case of Arms Act by 49 Officer-in-Charge of P.S. Sambhuganj, Bhagalpur, Bihar (Case No. 4499/4/3/2014) d) Police Firing and Encounter 51 9. Fake Encounter of Mukhjit Singh by Anti Narcotic Cell in 51 Amritsar, Punjab (Case No. 673/19/1/2015-ED) 10. One Kasar Mahto Killed and Four Others Seriously Injured in 52 Police Firing in Village Pager of Hazaribagh District, Jharkhand (Case No. 947/34/11/2013) e) Atrocities in Prisons 53 11. Grievous Injuries Inflicted to One Prisoner in an Attack by Co- 53 prisoners in District Jail, Mau, Uttar Pradesh (Case No.20338/24/53/2013) f) Electrocution Cases 55 12. Death of a 55 year old Woman due to Electrocution in Jaunpur 55 District, Uttar Pradesh (Case No. 22027/24/39/2013) 13. Death of Four Persons and Injury to Six Others due to Electrocution 56 in Village Ghatiyala, Tarantaran, Punjab (Case No. 304/19/19/2014) g) Pollution and Environment Cases 57 ii ANNUAL REPORT 2016-2017 NATIONAL HUMAN RIGHTS COMMISSION 14. Alleged Pollution Caused by Karoli Plastic Bottles Manufacturing 57 Industry, which is established in Residential Area Inhabited by People Belonging to Scheduled Caste, in Village Abhineniguntapalem, Guntur, Andhra Pradesh (Case No.1046/1/6/2016) 15. Health Hazard due to the Contamination of Sutlej River in 58 Ludhiana, Punjab (Case No.430/19/10/2016) 16. Environmental Pollution due to Construction Activities Being 58 Carried Out by NBCC, at Ring Road in South Delhi (Case No.6310/30/8/2016) h) Other Important Cases 59 17. Death of a Girl Student due to Negligence of Management of 59 Kasturbha Gandhi Residential School, Thakurdwara, Moradabad, Uttar Pradesh (Case No. 9036/24/56/2015) 18. Large Number of Students made to Travel by Train in a Cattle Like 60 Situation in Sleeper Class Compartments Without Reservation by Kendriya Vidyalaya Sangathan for Participation in Their National Sports Event (Case No. 7298/30/3/2014) 19. Delay in Processing of Mercy Petitions of Four Death Row 62 Convicts Lodged in District Jail, Bhagalpur, Bihar (Case No.684/4/5/2014) 20. Death of 36 Villagers of Nonke Khagrabari in District Baksa, 63 Assam in a Massacre by Forest Officials in Collusion with NDFB Cadres (Case No. 215/3/11/2014) 21. Death of an Eight Year Old Student due to Alleged Beating by 65 a Teacher in a Government School in Chanho, Ranchi District, Jharkhand (Case No. 122/34/16/2014) ANNUAL REPORT 2016-2017 iii NATIONAL HUMAN RIGHTS COMMISSION 22. A Railway Passenger Brutally Assaulted by GRPF/RPF Police 66 Inside the Jagannath Express Train Near Delanga Railway Station, Odisha (Case No.2430/18/12/2014) 23. Killing of Two Inmates by Another Inmate in Regional Mental 68 Hospital, Yerwada, Pune, Maharashtra (Case No.3143/13/23/2013) 24. Two Persons Shot Dead and Four Others Injured in a Dacoity in 69 Maurya Express, near Hathidah Railway Station, District Patna, Bihar (Case No. 3380/4/26/2014) D. Conditions in Prisons 71 a. Visit to Jails 71 E. Prison Reforms 73 a. Follow-up of National Seminar on Prison Reforms 73 F. Study on Under-Trial Prisoners 74 G. Custodial Justice – An Investigation into causes of Deaths in Uttar 74 Pradesh, West Bengal, Maharashtra and Tamil Nadu CHAPTER 5 REACHING OUT 75 A. Commission Meetings 75 B. NHRC Camp Sittings 75 C. NHRC Open Hearings on Atrocities against Scheduled Castes 75 D. Statutory Full Commission Meetings 76 E. Special Rapporteurs 77 F. Core and Expert Groups 79 CHAPTER 6 RIGHT TO HEALTH 81 A. Silicosis 82 B. Core Advisory Group on Health 84 C. Research Study on Assessing the Status of Health System Delivery 84 and Factors Determining Access to Quality Health Care for Tribal Communities iv ANNUAL REPORT 2016-2017 NATIONAL HUMAN RIGHTS COMMISSION D. Illustrative Cases on Health Dealt by NHRC 85 1. Right Eye of a Nine Day Old Baby Eaten by Ants in Children Ward 85 of Government Ummaid Hospital, Jodhpur, Rajasthan (Case No.