CONTENTS

Introduction 1-9

Administrative Section 9-11

Law Division 11-56

Statements 57-6 1

Investigation Wing 62-73

Details of Cases Reported During 2007-08 74-87

Photo's 88-98 ANNUAL REPORT 2010-11

The Commission has so far submitted Annual Reports of 2007-0 8, 2008-09 and 2009-10 on time. As per the regulations framed by the Commission, the Annual Reports for the year 2007-08, 2008-09 and 2009-10 have been sent to the State Government before the end of June of the succeeding year. Government's reaction in the action taken reports furnished to the Legislature have also been collected from the Legislature Secretariat. The Commission has amended the regulation to submit the Annual Report before the end of September of the succeeding year. Since the Memorandum of Action and the action taken and proposed to be taken have been made available to the Commission the views of the Commission, after examining them, are as follows:

In the First Annual Report, the Commission had mentioned about the allotment of space for the office of the Commission and the request of the Commission for the allotment of Park House. Officially, the State Government has not con-L1unicated the decision to the Commission till today. But in the action taken report placed before the Legislature, it has been mentioned that Karnataka Public Service Commission was of the view that the Park House is required for the use of the Public Service Commission itself It was mentioned in the last Annual Report that the Government has written to the Revenue Department for allotment of two to three Acres of land in a central place in Bangalore city. In the memorandum of actions taken on the report of 2008-09, the Law Department has mentioned that it has sent the list of vacant survey numbers of Government land for consideration of the Commission and it is further stated that the reply of the Commission is awaited. The Government in its D.O. letter No.LAW 118 HRC 2006 (Part) dated 25.06.2008 had stated that it has requested the Revenue Department for allotment of two to three Acres of land. This letter has been written to the then Principal Secretary, Revenue Department. The response of the Revenue Department to this proposal is not known to this Commission. The Government in its letter dated 08.03.2010 has stated that as a short-term measure to identify a private Karnataka State Human Rights Commission building for rent at the rates to be fixed by the PWD and as a long term measure has requested the BDA to allot a site. It ha 1-. -' 4,,-. -..-.,-.; of the Commission that by the very nature of its wcç th Commisi3n requires a building where the members of the public come easily to approach the 0ommissior1. Mosi of the people who come with complaints to th cu:ot .1 proach the Commission if it is located in a far off place.

The State Government has allotted 4,634 sq. ft. of space to the Commission in the 5th Phase of the M.S. Building vide order No.DPAR 147 DBM 2009, Bangalore dated 16.06.2010. This space has come to the pcsession of the Commission one year after the State Government has passed the order. The State Government has considered the request of the Commission to provide space in the central space i.e. in the 5th Phase of the M.S. Building. It may kindly be noted that the offices of the Lokayukta, State Information Commission, State Election Commission, Karnataka State Consumers Forum, High Court of Karnataka, Karnataka Public Service Commission and Law Commission all are located in and around Vidhana Soudha and now the State Government is taking action to locate the office of the Karnataka Administrative Tribunal in the same vicinity. The Commission has requested for allotment of the entire 5th Phase space of the M.S. Building. It is possible if the Government takes it seriously to shift the other offices located in the fifth phase and allot the same to the Commission thereby it could solve the space problem of the Commission. The Government is aware of the fact that it is very difficult to get larger accommodation of private buildings on rental basis in a place which is convenient to the public. The Government has appreciated the needs for the space by differentiating between immediate needs and permanent needs. The Commission has requested for space in the compound of Karnataka Public Service Commission facing the palace road by constructing a permanent building, as the Government has allotted a space abutting Phase of M.S. Building to the State Information Commission. To get a permanent building constructed may take some time and therefore the Government should in all seriousness examine the possibility of providing the entire fifth phase to the Commission at an early date.

2 Fourth Annual Report 2010-11

So far as the conditions of service of the Chairperson and Members, it is admitted that they have to be prescribed by the State Government as per the Act. The Commission is well aware of this fact, but what the Commission is requesting is to keep the service conditions and rules on par with rules that are framed for the National Human Rights Commission and the other State Human Rights Commissions. In all Rules residuary clause is enacted to apply provisions of terms and conditions of services of the Chief Justice and the Judge of the High Court where no specific provision is ac:e in the Rules framed with regard to any aspect of the service of Chair r-on aid s. i.. framing the Rules, the State Government may keep in mind the service conditions that are framed in other State Human Rights Commissions and National Human Rigkvs Commission and similar Commissions that are constituteu by th Statt Gmvcmment. It may kindly be noted that the State Human Rights Commission is a body constituted under a Central statute. The Government may examine the service conditions that are now framed in the light of what has been done in the case of Lokayukta, State Election Commission, Karnataka Administrative Tribunal, State Information Commission, Karnataka Public Service Commission and the Law Commission. In order to aid the Government the Commission taking into account the rules framed by other State Governments and Central Government prepared draft Rules, and vide its covering letter dated 17.12.2009 has forwarded the draft Rules to the Government, and the Government has not yet approved the draft Rules, and the draft Rules, as it is, if approved will solve all problems arising out of truncated and incomprehensive Rules already framed by the Government.

The Government in its memorandum of action taken report to the First Annual Report has mentioned about the number of posts that are in some of the other State Commissions and the National Human Rights Commission. The State Human Rights Commission has so far registered 25,033 complaints and disposed 15,898 complaints. It may kindly be noted that the number of complaints are increasing every day from all parts of the State and these complaints are in addition to the cases Suo-motu registered. The Law Department has mentioned about posts of other States and also the National Human Rights Commission, but the major number of posts that are being

3 Karnataka State Human Rights Commission asked is in the Investigation Division. It has become difficult to investigate complaints that come from every nook and corner of the State. The Hon'ble Minister for Law when he visited the Commission on 09.07.2008 has understood the need for the accommodation, the facilities, the Cadre and Recruitment Rules, the status of the Chairperson and Members and the staff requirement of Investigation Division. Although the Hon'ble Minister for Law visited two years ago and has categorically stated that in order to effectively function the Investigation Division should be on the same line as that of Lokayukta. The State Government may kindly consider the existing investigation wing of the Lokayukta as well as that of the Commission. The Commission has already furnished the revised proposal to the Government and the Government in its order No.LAW 17 HRC 2010, Bangalore dated 10.06.2010 has created 29 posts. The Commission is of the view that the Government orders should have indicated as to how these posts have to be filled up. The need for Cadre and Recruitment Rules does not merely fix the Cadre strength. Cadre strength has to be examined separately but the number of posts that are mentioned in the Government order should have a Cadre and Recruitment procedure. Therefore, the State Government should consider framing of the Cadre and Recruitment Rules forthwith.

1. Appointment of Chairperson:

The Committee constituted in Section 22(1) of the Act, exercising its power, made its recommendation and His Excellency the Governor of Karnataka was pleased to appoint Dr. Justice S.R.Nayak, retired Chief Justice of Chattisgarh High Court as the Chairperson of the Karnataka State Human Rights Commission in notification No.LAW 17 HRC 2005 dated 23.7.2007. He assumed charge on the afternoon of 25.07.2007 Dr. Justice S.R. Nayak continued as Chairperson of the Commission during this year also.

2. Appointment of Members of the Commission:

As per section 21(2)(b) of the Act, one member who is, or has been a Judge of a High Court or District Judge in the State with a minimum of seven years experience as District Judge may be appointed as the member of the Commission. Keeping this

4 1:1:1 -040 - 2 the GovernorofKarnatakawaspleasedtoappointhiminnotificationNo.LAW17 qualification inview,theCommitteeconstitutedunderSection22(1)ofAct, recommended thenameofretiredDistrictJudgeSriR.H.RaddiandHisExcellency HRC continued asMemberoftheCommissionduringthisyearalso. member hastobeappointedfromamongpersonshavingknowledgeorpractical as pertherecommendationsofCommitteeconstitutedundersection22(1) Act, HisExcellencytheGovernorofKarnatakawaspleasedtoappoint experience inmattersrelatingtohumanrights.Keepingthisqualificationviewand and continuedasMemberoftheCommissionduringthisyearalso.AsperAct, term ofofficeHon'bleChairpersonandMembersisforaperiodfiveyearsor until theyattainageofseventyyears,whicheverisearlier. dated 23.7.2007.SriB.Parthasarathyassumedchargeontheafternoonof25.07.2007 Sri.B.Parthasarathy, retiredlASOfficeraspernotificationno.LAW17HRC2005 3. be appointedasSecretary.AsperSection27(1)(a)oftheAct,anofficernotbelow been orderedthataDistrictandSessionsJudgefromKarñatakaJudicialServicemay notification No.LAW20LAG05dated28.06.2005.Asperthisnotification,ithas Commission whoshallbetheSecretaiyof theStateCommission.Accordingly, rank ofaSecretarytotheStateGovernment shallbemadeavailabletothe Sri JavidPasha,DistrictandSessionsJudge from KamatakaJudicialServicehasbeen appointed asSecretaryoftheCommissionand isfunctioningfrom07.08.2009and the Commissionanofficer notbelowtherankofanInspectorGeneral ofPoliceto continuing servicethroughouttheyearunder report. 4. 05 As persection21(2)(c)oftheProtectionHumanRightsAct,1993,one Appointment ofSecretary: The postofSecretarytheCommissionhasbeencreatedasperGovernment Inspector Generalof Police: As perSection27(1)(b) oftheAct,Governmenthastomake available to dated 28.07.2007.Sri.R.H.Raddiassumedchargeon28.07.2007and 5 Fourth AnnualReport2010-11 Karnataka State Human Rights Commission head the Investigation Division. Sri N.S. Megharik was appointed by the State Government after consultation of the Commission ad he reported for duty on 29.09.2009 and wo!2ked iii!. 232.2Ol1. Sri, Mohammed Wazeer Ahrned, Inspector General of Police was appointed by the State Governnent after consultation with the Commission and he reported for duty on 28.02.2011 arid is continuing in the post till the end of the year under report. Sri. Shivarnurthv who was working as Deputy Superintendent of Police ws in the service 3f the Commission till 01.04.2011. Sri N.T. Ashwathnarayan, L)ep.ty Suterintendent of Police reported for duty on 05.03.20 11 and is in the service of the Commission through out the year. One more additional Deputy Superintendent of Police was created and Sri D. Radhakrishna reported for duty on 22.O701 1.

In order to facilitate smooth functioning of the Commission, three wings are organized (a) Administrative (b) Investigation and (c) Law. While the Secretary of the Commission is the Chief Executive Officer, the Investigation Division is headed by the Inspector General of Police and the Law Division is headed by the Registrar of the Commission.

5. General:

When the Commission was constituted by the Government by its order No.LAW 20 LAG 05 dated 28.06.2005, the Government in another order issued on the same day created 53 pasts. The creation of these posts has be en done muci befoz e the Commission came into existence. However, it should be noted that all pots th;t are created are necessary for the smooth functioning of the ( mmissio?e, bu hi post of the Registrar which is absolutely essential had not been creted in he Go era'mriI order. The Commission has forwarded the draft Cadre and Recruime:it RJes including this post. Later the Government passc.1 certain orders creating a few r:tore posts in the following manner. The orders by which posts are created ever since the Commission was constituted are as follows: Fourth Annual Report 2010-li

Filled posts SL . Sanctioned Vacait Designation of the post On On No, posts deputation contract posts basis A) Order No.LAW 20 LAG 2005 dated 28.06.2005: 1. Secretary, SHRC 1 1 -- -- 2. Private Secretary to the 1 1 -- -- Hon'ble Chairperson 3. Under Secretary 1 1 -- -- 4. Section Officer 1 -- 1 5. Senior Assistant 1 -- 1 -- 6. Assistant 1 1 -- -- 7. Personal Assistants! 7 2 5 -- Stenographers 8. Junior Assistant 1 1 -- -- 9. Typist 1 -- 1 -- 10. Drivers 6 -- 6 -- 11. Attenders / Group 'D' 7 -- 7 - 12. Inspector General of Police 1 1 -- -- 13. Deputy Superintendent of 1 1 -- -- Police 14. Head Constable 2 2 - -- 15. Police Constable (Civil) 2 2 -- -- 16. A.P.C. (Orderlies) 4 4 -- -- 17. Drivers (HCs/PCs) 3 2 1 18. Section Superintendent 1 1 -- -- 19. First Division Assistant 1 -- 1 -- 20. Stenographers 2 2 -- -- 21. Typist 1 . -- -- 1 22. Attenders 7 2 5 - Total posts 53 24 28 1 B) Order No.LAW 01 HRS 2007 dated 23.08.2007 1. Deputy Secretary 1 -- 1 -- Total posts I -- 1 C) Order No.LAW 59 HRC 2007 dated 03.11.2007 1. Court Officers 3 1 1 1 2. Assistant Registrar 1 -- 1 --

7 Karnataka State Human Rights Commission

Filled posts SI. . . Sanctioned Vacant Designation of the post On No. posts deputation contract posts basis 3. Sections Officers 3 -- 3 -- 4. Public Relation Officer 1 -- 1 -- Total Posts 8 1 6 1 D) Letter No.LAW 59 HRC 2008 dated 31.01.2008 1. Sweepers/Scavengers/Security 4 -- 4 -- 2. Home Orderlies 7 -- -- 7 Total Posts 11 -- 4 7 E) Order No.LAW 31 11IRC 2008 dated 21.02.2009 1. Account Officer 1 1 -- 2. Account Superintendent 1 1 -- -- Total Posts 2 2 -- F) Order No.LAW 17 HRC 2010 dated 10.06.2010 1. Legal Assistant / Research 2 — — 2 Assistant 2.. Judgment Wnters 2 — 2 -- 3. Assistant 2 2 -- 4. Junior Assistant'Computer 6 3 3 Operator/Typist 5. Deputy Superintendent of 1 1 - -- Police 6. Police Sub-Inspector 2 2 — -- 7. Head Constable 3 2 — 1 8. Constable (Gents/Ladies) 5 5 -_ -- 9. Jamedaar/Dalayat/Orderly 6 -- — 6 Total Posts 29 10 7 12 G) Amendment order No.LAW 64 HRC 2010 dated 01.02.2011 1. Assistant Librarian 1 -- 1 -- Total Posts 1 -- 1 -- Total Posts sanctioned by 105 38 46 21 Government

8 Fourth Annual Report 2010-11

Filled posts Si. . . Sanctioned Vacant Designation of the post On On No. posts deputation contract posts basis H) Posts created and filled up by the Commission as per Section 27(2) of the Human Rights Protection Act, 1993 1. Registrar 1 -- 1 -- 2. Presiding Officer 1 -- 1 -- 3. Senior Assistant 1 -- 1 -- 4. Assistant 1 -- 1 -- 5. Stenographers 4 - 4 -- 6. Drivers 1 -- 1 -- Tota Posts 9 -- 9

ADMINISTRATIVE SECTION:

Grants provided to the Commission:

During the year 20 10-11, the Commission was provided with Rs.278.93 Iakhs against Rs.1272.00 lakhs sought by the Commission and this grant has been filly utilised.

Meetings of the Commission:

The Commission has met eight times on the following dates and has taken 47 decisions. Number of Dates decisions 1. 04.05.2010 : 02 2. 12.05.2010 09 3. 11.06.2010 07 4. 09.08.2010 : 06 5. 04.09.2010 : 05 6. 15.11.2010 : 06 7. 05.01.2011 07 8. 01.02.2011 : 05 Total : 47 Karnataka State Human Rights Commission

The Formats for submission of Annual Accounts of the Commission was finalised and communicated to this office by tic Guvcutuici, 'idc cki c.LAW 70 HRC 07 Dated: 23-3-2009, Of the Secretary to the Gover.nnicnt, Law, Justice and Human Rights Department. KSHRC is maintaining its accounts like any other Government Department and in the same iwe Nna! Himan Rights Commission. The Formats prescribed were inu suitable for commercial organisations and adoption of the same for a Government office and preparation of Accounts for the two Financial Years i.e. 2007-08 and 2008-09, took 03 to 04 months.

The annual accounts were prepared in consultation with A.G. (C&CA), in the prescribed formats, and placed before the Commission meeting dated 2 1.10.2009, and the commission has approved the annual accounts of KSHRC for the year 2007-08 and 2008-09. The same was sent to A.G. (C&CA), vide letter No: HRC/120/AdmI2008, dated 16.11.2009.

The AG has conducted detailed inspection and audited the accounts of the commission for the Year 2007-08 and 2008-09 during the month of November & December 2009. A.G. vide his letter No.PAG(C&CA)/OAD/SAR(AB)/ 2009-10/345 dated 05.02.20 10 has forwarded the Audit Reports along with certified copies of the accounts of the KSHRC, B'lore for the year 2007-08 and 2008-09 to the State Government for placing before the state legislature after approval of the commission for having adopted the above documents. The commission in its meeting held on 26.02.20 10, after examining in detail, has accepted the Audit report. The same has been placed before the State Legislative on 11.01.2011.

The Annual Accounts and Audited Reports for the year 2009-10 along with certified copies of the accounts of Karnataka State Human Rights Commission was received from the Accountant General vide letter No.PAG(C&CA)/OAD/ SAR(AB)/2010-1 1/397 dated 26.10.2010 and the same was accepted by the Commission in its meeting held on 15.11.20 10. The Audit Report along with the certified copies of Annual Accounts were sent to the Law, Parliamentary Affairs and

10 Fourth Annual Report 2010-11

Human Rights Department and the same has been placed before the Karnataka State Legislative on 06.06.20 11.

The Commission has come into existence in the year 2007 and has completed four years on 25.07.2011. Although the Commission has framed Cadre and Recruitment Rules and submitted the same to the Government as early as 07.11.2007, the Governinent has not framed the Cadre and Recruitment Rules. The Commission

has so far appointed retired offieeis from judiciary and administration and contract

employees from the opus.. market. Alihough retired employees and contract employees are servir the Commission well, it is very necessary to have permanent cadre in the Commission, Similarly, many other employees are appointed on contract basis and are

vvorkin in the Commission foi the last fOur years without any rise in their emoluments. The Commission is of the view that when once the Cadre and Recruitment Rules come into force, there will be regular and permanent employees in the Commission instead of depending on contract employees whose salary is stagnant. Till the Government frames Cadre and Recruitment Rules at least it may prescribe rules under section 27(3) of the Protection of Human Rights Act fixing the scale of pay for the posts which are created by the Commission as per the provisions available.

LAW DIVISION:

One of the important wings of the Commission is Law Division. As stated in the previous annual reports, the Commission which came into existence in July 2007, actually started functioning from October 2007 in the limited accommodation provided by the Government in the fifth phase of M.S. Building. But actually the 4t1i entire 3' floor and part of floor has been provided to the Commission and in addition to it the entire 2'' floor and part of the 1st floor have been provided. Although as mentioned above, the Government passed order allotting the entire 2"' floor and part of the 1st floor on 16.06.2010, the space was not made till the end of March 2011. But because of efforts of the Chief Secretary and Principal Secretary/Secretary of DPAR and Deputy Secretary, DPAR (Executive), the allotted space has been made available to the Commission on 23.07.2011. The case files of the Law Division are

11 I Karnataka State Human Rights Commission kept in a very narrow space and more than 8710 cases of 2010-11 were pending inspite of number of similar complaints having been disposed off. During the year 2007-08, 1,872 complaints were received and 967 complaints have been disposed. During the year 2008-09, 5,579 complaints were received and 2,577 complaints were disposed. During the year 2009-10, 8,872 complaints were received and 4.979 complaints were disposed. During the year 2010-11, 8,710 complaints were received and 7,375 complaints were disposed. It has been brought to the notice of the legislature in the previous Annual Reports that the Kamataka State Human Rights Commission has developed a system where by suo-motu cases are being registered on the basis of reports that are published in the electronic and print media and important incidents which come to the notice of the Hon'ble Chairperson and Hon'ble Members. The Commission has taken several matters of public interest as suo-motu cases. The Commission makes its own investigation and makes valid recommendations to the State authorities. During the year 2007-08, 92 suo-motu cases were taken up and in the year 2008-09, 1,264 and during the 2009-10, 2,477 and during the year 2010-11, 1,590 suo-moto cases were taken up. The Commission has mentioned in its previous reports that it is giving lot of importance to the suo-motu cases because there are no complainants to prove these cases, the Commission has to make its own investigation and come to the valid conclusion. The Government has stated that they have given sanctioned posts keeping in view the staff strength in various other States' Human Rights Commission as well as in the National Human Rights Commission. But it is brought to the kind notice of the Government that the post of Registrar which has been in existence in all State Human Rights Commissions as well as in National Human Rights Commission as well as in similar Commissions which are established in the State and statutory body like Lokayukta and till today the post of Registrar has not been sanctioned. The Government may take up these issues seriously and provide for the immediate required staff as furnished in the revised proposal sent by the Commission to the Government. The Commission has in addition to the post of Registrar, has also proposed one post of Additional Registrar for scrutinizing the reserved matters as is available in other Human Rights Commissions, two posts of Assistant Registrars, two posts of Senior Assistants, two posts of First Divisional

12 Fr'rth Annual Report 2010-i I

Assistants, two posts of Second DivisIonal Assistants, two posts of Computer Operators, one post of Xerox Operator and two posts of Dalayats to the Law Division.

It may kindly be noted that the procedure of enquiry and disposal adopted by this Commission is drastically different from the procedures and disposal methods adopted by other State Human Rights Commissions as well as in National Human Rights Commission. The needs of this Commission have to be considered and decided on its own merit without being guided by what is provided in other State without knowing fact situation of the State Human Rights Commissions of other States.

The response of the Government and other public authorities on the action taken on the cases that are reported in the First Annual Report 2007-08, Second Annual Report 2008-09 and Third Annual Report 2009-10 are given in the following pages.

The National Human Rights Commission constituted a Committee to look into the issue of evolving basic structure, minimum manpower and fmancial requirement I of State Human Rights Commissions to enable them to discharge their functions assigned under the Protection of Human Rights Act, 1993 and to develop guidelines for complaint disposal by the State Human Rights Commissions, Hon'ble Chairperson of the Karnataka State Human Rights Commission Dr. S.R. Nayak is a Member of this Committee. The First meeting of the Committee was held on 22.07.2011 at the office of the Natinoal Human Rights Commission, New Delhi. The Committee has formulated guidelines regarding Infrastructure, Manpower, etc. and has recommended for setting up the four divisions namely 1) Administrative Division, 2) Law Division, 3) Investigation Division and 4) Training and Research Division. While Administrative Division, Law Division and Investigation Division are already in existence as far as Karnataka is concerned, but the requirement of staff as worked by the State Human Rights Commission is yet to be sanctioned by the State Government. The 4th Division that was recommended the Training and Research Division has to be set up in our Commission. Necessary proposals are being sent to the State Government to include these posts in the Cadre and Recruitment Rules. The

13 Karnataka State Human Rights Commission

Committee also recommended sanction of adequate number of vehicles o facilitate the movement of the Chairperson, Members and other Offices of the state Huo;an Rights Commissions along with the sanctioned posts of Drivers for each iehicle. addition to the existing vehicles and the posts of Drivers, the Commission has sent proposals explaining the requirement of vehicles to the State Government and same is under consideration of the State Government. The Csmmjitee aiss recommended for adequate funding and has recommended the State Governments. should make budgetary allocations which cover not only the salary expenses for all the posts within the State Human Rig s Commissions, including provisions for the likely annual increase in Dearness Allowance, etc. but also provide an amount roughir the equivalent of the salary outlay, for other activities to be undertaken and. expenses to be incurred by the State Human Rights Commissions. The recommendations of the Committee along with the requirement of staff and financial requirements have already been submitted to the State Government and the State Government is expeeted to take immediate necessary action in this regard.

The Commission which called on the Hon'ble Chief Minister of Karnataka and placed its requirements before him and Hon'ble Chief Minister of Karnataka has assured the Commission that immediate necessary action regarding the requirements of the Commission and service conditions of the Hon'ble Chairperson and Members as well as the officers and the Cadre & Recruitment Rules and adequate funds would be placed at the disposal of the Commission.

THE STATUS OF THE CASES REPORTED IN THE FIRSI ALNNUAL REPORT

1. HRC No. 405/SM.12/07:

It is case of death of one Kumari Pushpa a tenth standard student due to explosion in an illegal mining quany near Ramanagaram. The State Heman Rights Commission recommended to refer this case to COD and to pay a compensation of Rs.l.0O lakh.

Although the order passed on 13.08.2008, it is not clear whether ti± investigation by the COD is completed and also the Government ha not

14 Fourth Annual Report 2010-11

responded whether the compesation is paid to the family members of Kum. Pushpa.

C !NO. fr;'

The Ccmr.sioi takeo. p a case o disastrous effect caused due to torrential rains in ca Diro id on a eornplaint file by the then leader of opposition in Leisec?. 2iiei!. The HonhIe Members Sri R.H. Raddi, ri lB. Pathasarathy ined the ffcted 'piacs on 20.12.2007 aiid had interaction ith. the fteeted. ,ersois and the officers etc. Thereafter the Coimmission ins the disine. admnistraion to provide and make arrangements for sheds tr immediate irviag. Likewise instructions were also given to make ranments r providinLc ciothes, blankets, ration cards and to extend medical facilities. I he Dopuly Commissioner, Gadag District has submitted hi report of compliance. In the meanwhile, the Commission has taken up HRC No.1 I Y200 dning the year 2008-09 regarding almost similar natural disaster that happened in Kairavadagi village, Hungund Taluk, Bagalkot District and has passed considered order in which the Commission has urged the State Government to follow uniform policy in matters of natural disaster that is pending before the Government. So far as the position in the Gadag District is concerned, the State Government has taken it very seriously and ordered for shifting of 12 villages.

It has been reported by the State Government that it has shifted some of the villages in Gadag and Dharwad Districts and final compliance is awaited.

3. HRC No. 302107:

Srnt. Shyamalatha Singh a primary school teacher approached the Commission stating that her salary from July 2001 to March 2006 has not been paid. The Commission called for a report from the Comrnissien, Department of Public Instructions, Bangalore. The Commissen upon receipt of report recommended to the concerned authority to disburse the saiary and to initiate suitable disciplinary action against concerned officiak.. Although this or&-r has been riassed on 19.03.2008, the Commission ha heeyi informed of the action taken by the State Government so far.

4.. HRC No, 635/SM.26/07:

It is a Suo-Motu case taken up by Commission on the basis of report in Deccan Herald dated 13.12.2007 regarding the death of one Azamathuliah due to medical negligence at General Hospital, Jayanagar. The Commission called for a report from the Health and Family Welfare Department. Upon receipt of a report, the Commission found medical negligence committed by ENT specialists and nurse Smt. B.P. Pushpalatha. Therefore the Commission recommended to Health department to hold an enquiry against the said officials

15 Karnataka State Human Rights Commission

ann to pay a compensation of Rs.i.00 lakh to the family of deceased Azamathullah.

Although the Commission passed its order on 3 1.03.2008, the Health & Family Welfare Department has not complied with the recommendations of the Commission.

THE STATUS OF THE CASES REPORTED IN T}IE ANNUAL REPORT 2008-09

1. HRC No.129/2008:

On a complaint to the Commission, it was reported that no qualified doctors are posted to PHC, Hiregutti, Kumta Taluk, Uttara Kannada District. It was also reported that there are 3 sanctioned posts of doctors in the said PHC, but no qualified doctors are posted. In this context, the Commission upon an enquiry, recommended to the Government to fill-up the vacancy in the sanctioned 3 posts in the PHC, Hiregutti, wit pricd one month and report compliance.

Although the Commission passed its order on 20.10.2008 Government in the Health and Family Welfare Department have not furnished compliance report.

2. HRC No.303/2008:

On a complaint to the Commission, Sri Guradas Raghunath Kulghatkar, President, Government Arrack & Shop Owners Association. Karwar, has alleged that the Government has not taken any positive stsps for the rehabilitating the erstwhile displaced arrack vendors and workers. In this regard, the Commission upon an enquiry has recommended to the Govemrnc to issue certain directions to the concerned authorities to take immediate steps to rehabilitate the erstwhile displaced arrack vendors. In response to the recoitmendations, the Chief Secretary to the Government of Kamataka has submitted a reply stating that all the Deputy Commissioners and Industries Department are requested to take Oaction to extend benefits under Suvarna Kayaka and Sandya Suraksha scheme to the displaced arrack vendors and workers as part of the measures to rehabilitate them. Applications for sanction of benefits under these two schemes have been collected by the district administration all over the State and those found eligible will be provided the benefits as envisaged.

The Government have reported that it has directed the Commerce and Industries Department to take action to extend benefits under Suvarna Kayaka and Sandya Suraksha Scheme to displaced workers.

16 Fourth Annual Report 2010-11

3. HRC No.433/SM-23/08:

It is a suo-motu case taken up by the Commission based on reported news in Times of India dated 23.2.0 8 under the caption "Judge writes to SHRC on torture to Children". It was complained that the Police Inspector, Sri Dharnesh of Hanumanthanagar Police Station, Bangalore City, had wrongfully detained few children playing in a garden and subjected them to torture, but no action was taken against the erring Police Inspector.

The Commission upon an enquiry into the allegations has recommended to the Chief Secretary to the Government of Karnataka to grant Rs.20,000/- as compensation to the parents of the children within a month. The Commission further recommended that the Government is at liberty to recover the compensation from the erring Police Officer and to initiate disciplinary proceedings against him.

The Principal Secretary, Home Depaitiiient has submitted interim compliance report instructing the Director General and Inspector General of Police to take further action in the matter.

4. HRC No.471/2008:

It is a suo-rnotu complaint taken up by the Commission based on a reported news in Prajavani dated 16.2.08 under the caption highlighting the pathetic civic amenities existing in ward No.55 of Padmanabhanagar. The Commission has directed an enquiry into this by the Commissioner, BBMP. The Comnissioner, BBMP submitted his report to the Commission indicating the measures taken to improve the civic amenities in ward No.55 of Padmanabhanagar. The Commission on the envisaged measures ken by the BBMP Commissioner further directed to send a further report indicating whether the measures envisaged have been implemenfedlcompleted.

There has been no change since Bruhat Bangalore Mahanagara Palike has not submitted further compliance report.

5. HRC No. 540/SM-19/07:

It is a suo-motu case taken up by the Commission based on the reported news in Prajavani dated 6.12.07 under the caption "e ri". It was highlighted in the write-up about the plight of the local residents residing around Harishchandra Ghat situated in Mahakavi Kuvempu Road. The burning of dead bodies and the smoke emerging there-from has been causing lot of air pollution & hazardous to the life.

17 Karnataka State Human Rights Commission

The Commission sought an action-taken' report from the Commissioner, BBMP. The Commissioner. BRMP submitted his reply stating that there being 2 sections one is being usd E.rcrie Cr natoriv; and the other is used to bury the dead bodies cr f urninc?,. 0: av:rage 2-15 Jd bodies are being receivec every day. The ?eura Krrmk er taking oare of the entire area in order to keep it clean ry remov:ig die ehrC left by die public. The toilets are kept clean ever The. :•: 1i clean by the Poura Karmikas.

The Commission having taken note of the report instruciect the Commissioner, BBMP to see the possibility of avoiding the burning of 1ie dead bodies and to adopt some other means so that pollution in that area may be avoided. Although this order has been passed on 24.03.2009 Compliance report is still awaited from the Commissioiier, Bruhat Bangalore Mahanagara Palike, Bangalore.

HRC No. 538/08:

It is a complaint by an NGO based on the news telecast in TV-9 dated 16.2.08 highlighting the pathetic conditions of the hostel maintained by the Social Welfare Department at Ansari Village, Navalgund Taluk. There are about 50 students under a single roof without proper food, water and electric facilities. Total maintenance of the hostel by the Social Welfare Department is stated to be improper.

The Commission sought an 'action-taken' reply from the Principal Secretary to the Government, Social Welfare Department. The reply submitted by Government discloses that the Officers from Backward Class Department immediately inspected the hostel. There were only 40 students in the hostel having 3 rooms with a kitchen and a store room. The authorities bve taken immediate steps to suppiy water regularly through tankers. Steps are alsu taken to provide bathroom and toilet facilities. The Officers from the Backward Class Dept. interacted with the inmates of the hostels and promised to solve their problems. Final compliance report is awaited.

7, HRC No. 125/SM-7!08:

It is a suo-motu case taken up by the Commission based on the reported news in The Hindu dated 13.1.08 under the caption "Rape victim left iL. lurch." It is highlighted in the write-up that a 13 year old girl was sexually abused by a police-constable at Honnasettihalli in Arsikere Taluk on 03.01.2008,

The Commission having taken serious note of the write-up directed the DC, Hassan District to submit an enquiry report. The Commission upon going through the report submitted by the DC. Hassan and taking into account the

i8 Fourth Annual Report 20 10-11

circumstances under which a minor girl was subjected to sexual harassment directed the Chief Secretary to the Government of Kamataka to grant compensation of Rs.2.O0 iakhs to the victim-girl. Further, the police have registered a crime against Shashidhara — the police constable of Arasikere Police Station. He was subsequently arrested and produced before court and remanded to judicial custody. He has been kept under suspension by the depai tiiient, It is not clear whether compensation has been paid to the victim girl.

Although the orders have been passed on 30,06.2008, final report from e Govrnmen j tjij TATajted

8. r'o. 4/f ';' HRC Nos. 677 & 830/07:

it is a case very much highlighted by the media and the press regarding the brutality meted out to one Shivananjaiah, a mentally retarded person of Tir Village, Channarayapattana Taluk. Shivananjaiah was almost beaten to death by the general public on 11.12.07 suspecting that he intended to commit theft,

The Commission having taken note directed an inquiry by the SP, Hassan District, Hassan. The report submitted by the SP, Hassan revealed that Shivananjaiah approached Smt. indiramma and requested her for drinking water. Smt. Indiramma by mistaking him to be a thief cried in a loud voice for help. The public who assembled there rushed to the spot and without ascertaining the reality they have beaten Shivananjaiah black and blue who succumbed to the injuries. The local police registered a case in Crime No.335/07 U/S 3C2 IPC and arrested 12 persons who are stated to be in judicial custody (JO

The Commission observed that the deceased Shivananjaiah had a family were depending upon him. Therefore, the Commission recommended to the Government of Karnataka (Home Dept) to award a compensation of Rs. 1.00 Lakh to the dependents of the deceased. The final report is still awaited.

9. HRC NO.1393/SM-102/08 TO 1404/SM-113/08 AND NO.1384/08 AND 1405/08:

The Commission has taken up a Suo-Motu. case regarding arrack tragedy that occurred in the early part of the year under report. It was widely reported in press media on 19t1 and 20th of May, 2008. As per press reports, large number of casualties occurred on acount of consumption of hooch in D.J. Halli in Bangalore and certain other pockets in the towns of Hoskote, Anekal, Hosur, Kolar, Malur, etc. On the basis of these reports appearing in the press Karnataka State Human Rights Commission

and electronic media, the Commission registered a case and thereafter received the petitions and all other petitions that have been received have been registered as cases and clubbed with the main case.

The Full Bench of the Commission visited the hospital on 20.05.2008 where the victims of hooch tragedy were being treated. As per the statement of the victims and their relatives who were there, the manufacture and supply of arrack, illicit arrack was available all the time despite the ban imposed by the State Government on manufacture and supply. The Commission observed that the facilities available in the hospital were totally inadequate and outmoded to treat patients. The Commission enquired about the facilities available in the hospital and was shocked to hear from the medical officers that even JCU facility was not available in Bowring and Lady Curzon hospital. The Commission directed the Principal Secretary, Health Department orally to provide the facility of ICU in the private hospitals at the cost of the State. The Government responded favourably and treatment was given in the private hospitals at the cost of the Government. The Commission directed the State Government to provide ICU facility in Bowring and Lady Curzon hospital as well as all the major government hospitals in Bangalore. The Victoria Hospital which is the prime hospital in the city had only 5 units. The Commission had recommended a compensation of Rs.2.00 lakhs be paid to the dependants of each of those who died after consuming the illicit spurious arrack. The Government sanctioned Rs.50,000/-. The Commission had also recommended a separate scheme of rehabilitation. It is gratifying to note that the Government had taken action to provide sufficient ICU units in all the major hospitals of Bangalore.

All reports have been received. The Commission took note of the reports furnished by two judicial Commissions 1) Mr. Justice Desa r'ommission and 2) Mr. Justice Sadashiva. Commission after considering all the asçects of the matter of Hooch tragedies has passed final orders. It may kindly be noted that Hooch tragedy is still happening in one place or the other even afte: the Government authorities have reported all preventive steps have been taken.

The Full Bench of the Commission after examining all the reports, has passed final orders on 09.08.2010 and has made several recommendations to the Government. The Recommendations are as follows:

1) The Commission recommends to the State Government that sale of liquor and its controls and rules should be administered by one Department. Since Excise Deputy Commissioner has beeii appointet in all the districts, he should be provided with armed police force and regular police guards to effectively implement the Excise Act and also Karnataka Poisons Rules. The Commission recommended to set up a High Power Committee headed by the Additional Chief Secretary consisting of Excise Commissioner, Director General of Police, Princial Secretary, Home Department and Principal

20 PH -040 -E 4 2&3) Methanol,itisreportedplaysanimportantinthepreparationofillicit 4) 5) 6) Convener. ThisHighPowerCommitteeshouldmeetatleastonceintwo months toexaminethestepstakenforpreventionofproductionsupply Secretary, FinanceandExciseDepartmentwithCommissioneras illicit liquor. to fileacriminalcasewithpunishmentofimprisonmentandfme.As that areprescribedinthelicenseviolatedthereshouldbeaprovision Rules, theauthoritywhichisgivenpowertoissuelicenseshould have thepowertocontrolitssupplyandsaleincaseconditions liquor, sinceitisinthelistofpoisonaccordingtoKarnatakaPoisons Methanol shouldbegiventotheExciseCommissionerandhe stated earlierfullpowerstothecontrolsupplyandissuingoflicensefor given adequatepolicepersonnelincludingarmedguardstoworkunder happening inthelastfewdecadesandthistragedyisnotconfmedto him tocontrolthesaleofMethanol. Karnataka alone.ButtheCommissionnotedwithconcernthatnecessary and adequatehealthservicesarenotavailablewhensuchtragedies prestigious andwellknownhospitalshaveequipmentbutdonot It isnodoubttruethattragedybyillicitliquorconsumptionhas occurred. Itwasnotedthatmanyofthehospitalsincluding necessary specialiststomanthem.BangaloreMirrorhasinitsreport dated 04.08.2010hasbroughttoeveryonenoticethattheVictoria Hospital IncentiveCareUnitdoesnothavethespecialisttomanit.The Incentive CareUnitsinBowringandLadyCurzonHospitalsnow Commission observedinitsvisiton20.05.2008itselfthatthereareno the districthospitals.TheCommissioninnumberofcasesareasked staff availableintheDistrictHospitals.TheCommissiontheirorder not haveadequatespecialisttomanthem.Sameisthepositionevenin even whentheunitsareavailableinhospitalslikeVictoriaHospitaldo Health andFamilyWelfareDepartmentSecretaryforareportaboutthe as Secretary,HealthandFamilyWelfareDepartment toexaminethese has suggestedtotheSecretary,MedicalEducationDepartmentaswell issues seriouslyandseethatnecessaryfacilities aremadeavailable. The Commissionhasnotedthatthecivicamenities providedinaplace different placesshouldprovidebasiccivicamenities likedrinkingwater, visited theplacewasnotfitforhuman habitation.TheBruhat Bangalore MahanagaraPalikeaswell all thelocalauthoritiesin like Devarajeevanahalliaretotallyinadequate. WhentheCommission The Commissionalso noted thattheKarnatakaStateTemperanceBoard has beencreatedbythe State.ThefunctionsoftheTemperanceBoard drainage inallplaces.Ithasbeenobserved thatfacilitiesaretotally lacking orinadequatein placeswheremarginalpeoplearelive. 21 Fourth AnnualReport2010-11 Karnataka State Human Rights Commission

have also been mentioned in the Rules that are framed. The Temperance Board has to take up steps to see that chapter should be provided in the syllabus of schools and colleges and also awareness programme to see that drugs and local consumption should be reduced by educating the people about the body affects of these. The Karnataka State Temperance Board should be given adequate staff and funds to achieve these adjectives.

7&8) The State Information and Publications Department, local bodies like Corporations, City Municipal Councils, Town Municipal Councils, Town Panchayats, Zilla Panchayats, Taluk Panchayats and Village Panchayats should take up elaborate measures to educate the people and take steps to implement effectively of the plans.

The Commission therefore made eight recommendations to the State authorities through the Chief Secretary to the Government and expects the Chief Secretary to furnish a report as per Section 18(e) of the Protection of Human Rights Act 1993 within a period of one month. Although this order has been passed on 09.08.2010, Government have not responded with compliance report.

10. HRC No.2516/08 c/w. HRC Nos.2523/08 to 2540/08:

Jnana Peetha award winner Dr. U.R. Ananta Murthy, Sri Nagathihalli Chandrashekar, Sri. P. Sheshadri, Sri. Krishnamurthy Biligere, Sri B. Maribasavaiah, Prof. S.G. Siddaramaiah, G. Shivananjaiah, Sri H.S. Patil, Sri J.R. Lingaraju, Sri B.S. Lingadevaru, Sri Lingadevaru Halemane, Sri Veerappa Maralavadi met the Chairperson and Members of the Commission on 05.08.2008 and submitted a detailed complaint regarding illegal mining in Chikkanayakanahalli Taluk and police atrocities on innocent farmers, thereby violating Human Rights and sought relief to the sufferers. They requested the Commission to urgently intervene and take immediate measures. The Full Bench of the Commission by its order on the same day fixed the spot inspection by Hon'ble Members Sri R.H. Raddi and Sri. B. Parthasarathy. The Members of the Commission as per the orders of the Full Bench visited Chikkanayakanahalli Taluk and the villages which are affected on 07.08.2008. All the district officers led by the Deputy Commissioner and the District Superintendent of Police were present on the occasion. After visiting the villages, the Commission called for the report from the officers of the various departments of the Government including the Chief Secretary and heard them on 14.10.2008. The Secretary of the Commerce and Industries Department submitted a detailed report and the same had been forwarded to the complainants calling for their comments.

The Commission after receipt of the comments and going through the response of the various departments of the Government including a detailed

22 Fourth Annual Report 2010-11 report by Secretary, Commerce and Industries Department as well as the Deputy Commissioner, Tumkur District passed the considered order on 28.07.2009. The Commission in its order, directed the Government that the following steps to be taken up for protection of Human Rights if the mining activities has to be considered in Chikkanayakanahalli Taluk. These recommendations have been made after the field visit of two Members of the Commission and also after getting detailed reports from various Departments. The following recommendations have been made for implementation.

i) No permission should be given for carrying on mining activity in any of the forest land.

ii) The orders of the Deputy Commissioner prohibiting mining in 200 mrs. around Shree Abbige Malleshwara Temple should not be withdrawn.

iii) Afforestation should be taken on an extensive scale and in order to take afforestation, a nursery should be established and fencing has to be put up all around the forest land.

iv) The suggestions made by the Principal Chief Conservator of Forest should be implemented in a time bound manner. By this implementation the health of the people and the agricultural land could be safe from very effects of dust.

v) The suggestion of the Health Department officers has been accepted by the Commission and forwarded for implementation to the Government. It was noted there that the Health Depaihiient officers themselves have proposed for setting up of ESI Hospital. The Commission noted that since establishment of ESI hospital may take sometime a Mobile Health Unit and a fully well equipped primary health center should be established in one of the central places of the mining area. It was also suggested that the decisions taken at the meeting presided by the district incharge Minister should be implemented along with the instructions given by the Members of the Commission when they visited the area.

vi) It was also recommended that necessary grants as requested by the Secretary, Education Department are to be provided for protecting the environment around schools. It was also recommended that the Secretary, Commerce and Industries Department should examine that all the documents are necessary for mining licenses have been provided by those who are already got permits to carry on the mining activities.

23 Karnataka State Human Rights Commission

The suggestions made by the Environment Secretary should also be implemented in a time bound manner.

vii) The Agriculture Secretary had mentioned the effects of mining of agricultural land. In case if it takes time, the crop loss that the farmers have incurred should be scientifically examined and compensation given. Accordingly, the Agriculture Secretary has pointed out that a loss of Rs.4,800 per Acre is incurred on every Acre of land because of the mining activity. The Government has to provide for sufficient funds in the budget allocation to the agricultural department.

viii) But most important recommendation that the Commission has made in the interest of the right of the people for environment, agriculturist and also for mining well is to set up an Expert Committee to study all aspects scientifically and prepare special package so that the rights are protected.

Although these orders have been passed on 28.07.2009, the Commerce and Industries Department has not submitted the compliance report to the Commission.

It is noted although the Commission has made a thorough study of some of the basic problems of the people and made some specific recommendations, the Government authorities have not responded in many cases. Whether in the case of shifting of villages and providing shelter to those affected by flood or regarding precautionary and preventive steps to be taken at the time of mining activities or the suffering of the individuals losing eye-sight, etc. it is noted that the Government authorities have not responded. By not providing shelter to the people who are affected by flood on time, the Government in the Revenue Department has violated the Human Rights i.e. right to shelter. The cases which were reported in the First Annual Report and where final orders have been passed like HRC No.405/SM-12/07, No.302/07 and No.635/SM-26/07 which were reported in the First Annual Report of the Commission, the various departments of the Government have not complied with and also for the year 2008-09 HRC No.129/08, 303/08, No.433/SM-23/08, No.471/08, No.540/SM- 19/07, 538/08, No.125/SM-7/08, No.641/07 c/w. HRC Nos.677 & 830/07 have not been complied with.

As per Section 18(e) concerned Government authority shall within a period of one month, or such further time as the Commission may allow, forward its comments on the report, including the action taken or proposed to be taken thereon, to the Commission. Unfortunately even after lapse of several months, the various departments of the Government in the cases that are mentioned aboVe have not forwarded their comments on the report, on the action taken or proposed to be taken.

24 Fourth Annual Report 2010-11

The Commission has pointed out that as per Section 18(e) the concerned Government authority has to submit its comments including the action taken or proposed to be taken by the concerned Government authorities to the Commission within a period of one month. But unfortunately, the Government on even important issues has not responded with its views or action taken report. Although the provisions of the Act are mandatory, the Act is silent as to the action to be taken if the authorities do not comply with the provisions of the Act. Therefore, this Commission has proposed an amendment to the existing Section 18 that in case authorities do not comply with the provisions of 18(e) then the recommendations made by the Commission in its order should be made obligatory on the part of the State authorities to implement the same. In several acts time limit is prescribed and in case the authorities do not comply within the time limit those orders should be deemed to have come into force. Similar provision has to be made in the Protection of Human Rights Act 1993 and we have moved for an amendment which is under consideration of National Human Rights Commission. The State Government is requested to add its weight to the above amendment to make the Protection of Human Rights Act more effective.

THE STATUS OF THE CASES REPORTED IN THE ANNUAL REPORT 2009-10

1. HRC No.100/2007:

Sri Prakash Baid had submitted a complaint on 20.09.2007 alleging illegal detention of his wife Smt. Santosh Devi Baid and his daughter Kum. Mamatha baid by Sri. Jayaramaiah, Inspector of Police of Nandini Layout Police Station, Bangalore city from 13.09.2007. The complainant further alleged that his wife and daughter have been harassed and Sri H.T. Jayaramaiah, Inspector of Police had demanded an amount of Rs.50,000/- as bribe to produce them before the Court or to release them from illegal detention. The Full Bench consisting of the Chairperson and Members of the Commission after perusing the complaint on the same day visited the Nandini Layout Police Station and Sri H.T. Jayaramaiah, Inspector of Police along with other police personnel were present. When the Commission enquired about the detention of women, Sri H.T. Jayaramaiah stated that no woman has been detained in the police station. The Chairperson and Members of the Commission searched the entire police station and found Smt. Santosh Devi Baid in the toilet and Kum. Mamatha Baid in the bathroom. On enquiry,

25 Karnataka State Human Rights Commission

both of them revealed that they have been kept in the police station since 13.09.2007.

The Commission verified the records and found out that both Smt. Santosh Devi Baid and Kum. Mamatha Baid were illegally detained in the Nandini Layout police station by Sri H.T. Jayaramaiah and therefore found Sri H.T. Jayaramaiah and his staff guilty of violating the human rights and fundamental rights of women for the reasons mentioned in the order. After inspecting the police station, the report of the Additional Chief Secretary and Principal Secretary to Government, Home Department on 19.11.2007 was based on the enquiry got done by the Director General and Inspector General of Police and also in the report of enquiry got conducted by Sri K.S.N. Chikerur, Inspector General of Police, Forest Cell, Bangalore was received. After perusing the reports and statements, the Full Bench of the Commission had passed orders on 22.07.2009 with the following recommendation.

i) The Government of Karnataka in Home Depafiment shall pay Rs.25,000/- to each of Smt. Santosh Devi Baid and Kum. Mamatha Baid as compensation. The amount so paid be recovered from Sri. H.T. Jayaramaiah, the then Inspector of Police of Nandini Layout Police Station.

ii) The Director General and Inspector General of Police shall initiate departmental disciplinary proceedings under Rule 6 of the Karnataka State Police (Disciplinary Proceedings) Rules, 1965 against Sri H.T. Jayaramaiah, the then Inspector of Police of Nandini Layout Police Station for his act of illegal detention and shall take suitable action in accordance with law.

Action taken report received from the authorities directing recovery of Rs.50,000/- from Sri. H.T. Jayaramaiah, the then Police Inspector of Nandini Layout Police Station is not yet received. The said inspector preferred writ petition before the Hon'ble High Court and his writ petition was dismissed. The said police inspector has been dismissed from service on another charge when notices were issued to the detainees. The notices returned with endorsement 'Left' and where about not known. Since the police inspector has been dismissed from service and the detainees have not responded, the matter is to be treated as closed.

HRC No.6/2007:

South India Cell for Human Rights Education and Monitoring, a NGO has filed the complaint on behalf one Sri. Amjad alleging police atrocities by :he Police Inspector, Hanumanthanagara and his staff on 17.07.2007. It is lirther alleged in the complaint that the police officers of Hanumanthanagara o1ice station have beaten Amjad with hands and lathi and took away from him

26 Fourth Annual Report 2010-11

mobile phone, cash of Rs. 1,800/- from him along with the scooter and have registered a false case under section 41(2) nw. section 109 of Cr.P.C. and thereby violated his human rights. The matter was referred to the Inspector General of Police of the Commission and after enquiry the investigating division had submitted its final report on 01.02.2008. The Police Inspector Sri Dharanesh and Police Constable Sri. Malavaiah were responsible for the human rights violation as per the enquiry report. Therefore, the Commission had given an opportunity to the police officers to submit their statements as per Section 16 of the Protection of Human Rights Act. The Police Inspector Sri Dharanesh submitted his written statement on 28.05.2009 and Sri Malavaiah, Police Constable on 29.05.2009. The enquiry report reveals that the Police Inspector and his staff have recorded a false report and registered a false case. The investigation division of the Commission had recommended for referring the case to COD for detailed investigation into the matter.

The Full Bench of the Commission in its final orders passed on 28.07.2009 has recommended compensation of Rs.10,000/- to Sri Amjad and further recommended that same money may be collected from Sri Dharanesh, Police Inspector and Sri. Malavaiah, Police Constable. The Commission further recommended to the Police Commissioner, Bangalore City that Sri Dharanesh and Sri. Malavaiah should follow the direction contained in the orders of the Hon'ble Supreme Court in D.K. Basu V/s. State of West Bengal and also the circular instructions of the National Human Rights Commission 'and the instructions of the State Director General and Inspector General of Police, Kamataka State strictly.

Although the orders have been passed on 28.07.2009 the Principal Secretary, Home Department has not submitted the compliance report so far.

3. HRC No.16/2007:

The Complainant Sri Swamy of Malavalli Taluk, Mandya District had filed a complaint before the Karnataka State Legal Services Authority which was referred to this Commission. In the complaint it was alleged that his brother Sri Premkumar was apprehended by the police on 10.03.2007 at 5.00 p.m. near Samrat Hotel at Malavalli in Mandya District and taken to Nanjangud Town Police Station whereat he was tortured by beating, causing injuries and further that he was illegally detained in the said police station. The Complainant has alleged that the Circle Inspector of Police, Sub-Inspector of Police and other police personnel of Nanjangud Town police Station had beaten his brother Sri. Premkumar and caused injuries to his both legs, which made him unable to walk and on 21.03.2007 the said Sri. Premkumar was released without there being any case registered against him. Sri. Premkumar was taken to Government Hospital at Malavalli on 2 1.03.2007 and he was shifted to Government Hospital at Mandya for treatment and later he was taken to Victoria Hospital at Bangalore for treatment. The complainant further

27 Kamataka State Human Rights Commission

alleged that Sri Prabhakar Rao Shinde, Circle Inspector of Police, Sri S.N. Raghupathi, Sub-Inspector of Police and Sri. Nanjundaiah, Assistant Sub- Inspector of Police and other police Constables had subjected Sri. Premkumar to atrocity causing him grave injuries to his legs. Sri. Premkumar suffered fracture of bones of his both feet.

The matter was referred to the Inspector General of Police of the Commission for enquiry and report and the final report was submitted on 23.05.2008. After receiving the comments of the Complainant, the report was examined and the Commission, prima fade, found that Sri Prabhakar Rao Shinde, Circle Inspector of Police, Sri S.N. Raghupathi, Sub-Inspector of Police, Sri D.P. Sureshan, Head Constable, Sri Mahesh, Sri M.P. Prasanna Kumar and Sri Krishna Shetty, Police Constables, had subjected Sri Premkumar to torture and illegal detention, copies of the reports were sent to the said police personnel for their statements on the said report in accordance with the provisions of the Protection of Human Rights Act. The police personnel in their written submissions, stated that they did not subject Sri Premkumar to any torture as alleged and they had not caused any such injuries as found on the body, etc. but the records of the investigation team would show that Sri. Premkuar was subjected to torture by the police on 10.03.2007 when he was apprehended and detained in the Nanjangud Town Police and that he was illegally detained in the police station. It was noted by the Commission that the Inspector General of Police, Southern Range, Mysore after getting the matter enquired into about the torture on Sri. Premkumar and illegal detention in the Nanjangud Town Police Station, through his order dated 11.05.2007 had taken action to initiate depaitinental disciplinary proceedings under Rule 6 of the Karnataka State Police (Disciplinary Proceedings) Rules, 1965 as against Sri. S.N. Raghupathi, Sub-Inspector of Police and under Rule 7 of the said Rules, departmental enquiry against Sri. Prabhakar Rao Shinde, Circle Inspector of Police, was held and punishment of withholding his one annual increment is imposed. So far as the other police personnel viz., Sri. Sureshan, Head constable and other Police Constables are concerned, departmental disciplinary proceedings were initiated and punishment of withholding their annual increments has been imposed in respect of enquiry under Rule 7 of the said Rules. In view of the fact that grievous injuries were caused to Sri. Premkumar by the police personnel of Nanjangud Town Police Station, the Commission recommended to the Government of Karnataka Home Department to pay a sum of Rs.50,000/- as compensation to Sri. Premkumar which amount could be recovered from the police personnel responsible for causing injuries to Sri. Premkumar.

Although the orders have been passed on 07.08.2009 the Additional Chief Secretary/Principal Secretary, Home Department has not submitted the compliance report so far.

28 Fourth Annual Report 20 10-1 1

4. IIRC No.2073/OS ciw. HRC Nos.2084/SM-393/08, 1825/08, 1353/SM-88/08, 1367/SM-93/08, 1368/SM-94/08, 1383/08 & 179 1/SM-328/08:

The People's Union for Civil Liberties-Karnataka PUCLK, 46, Wellington Street, Richmond Town, Bangalore-560 025 in their complaint have referred to a fatal accident that took place at the construction site of MIs. Sobha Magnolia comprised in Sy. No.53/2, Bannerghatta Road, Opposite to Jala Bhavan, Bangalore, due to the collapse of the passenger-cum-material lift which was carrying the construction workers to various floors. Due to this accident two workmen died and 7 other workmen received injuries. This happened on 10.05.2008 and on 26.06.2008 at about 9.30 a.m. one workman Babluraya by name, who was working as a mason, aged 26 years, who was working at the construction of buildings under the name Sobha Chryshanthenum in the site comprised in Sy. Nos.98/l, 98/2, 99/1 and 99/3 of Thanisandra village, K.R. Puram Hobli and owned by MIs.Sobha Developers Ltd., fell down from the stair while working and died. On 26.06.2008, at about 9.10 a.m. a construction worker Paramananda Das by name, aged about 33 years, at the site of the construction of residential Apartments at Narayanapura village, K.R. Puram Hobli, owned by M/s.Golden Gate Properties Ltd. accidently fell down from the stairs and died.

The representatives of various organizations in Bangalore, including the People's Union for Civil Liberties, Karnataka Domestic Workers Union, Slum Jagatthu, Janapara Vedike, Samanatha Mahila Vedike, Stree Jagruthi, Human Rights Law Network and Alternative Law Forum have jointly and separately filed petition before the Commission stating that the accidents/mishaps took place on account of not providing proper safety measures to building workers and violation of mandatory safety prescriptions laid down by the law. The Commission suo-motu also registered cases on the basis of the media reports decided to club all these cases th mishaps'acc ents. The CofllflMssbofl about commOn order. and dispose them by a on called for reports from the principal SecretarY to the The COmmiSSitaka Urban Development Deparmt, the Labour Karnataka, The Comm1ssbors of aflga10rereports Govement. Karnamment of baflagara P alike. The COS0 Gove and Brubat B anga10reidentical These reports disclose that Deve10pmt Authont were almost ed licefl from ngal0re Deve10Pmt 98/l, 98/2, 99/1 of these auth0flt1 have obtain ial Apattmt5 in Sy. • pevel0P ãsc1ose that 1AIs.S0 ction of residtR. puram the angalo COflSt jllage, aken üot1Y for 3IS na 1dmg Apartmets in and 99/3 of have alSO residt1al eve10 5ction Of 18/2(P) of K. MJs.Soa D for erS and nt Uth0n1 ii1(P) and O and rep0Tt S.Sob DeveloP 13/lP), j• these ccoraing to appl1 to The 13131P issued K.R. puram flobiproperties val of the Uldmg plans. J.GO1den Gate1 for appro 08.02.2008 reSpe

29 Kamataka State Human Rights Commission

endorsements to the Developers informing them that they should obtain katha from the BEMP n order 10 get ie building license, but the developers have not applied for katha.

It was urher reøorted that a sum of Rs. I ,00,000/- has been paid to the dependants of eaeL of the dec'ased. Under the Workmen's Compensation Act, a sum of Rsi,.T3:73tY wa awarded and paid to the dependants of the deceased Devamma as crupcisacn. Similarly, a sum of Rs.4,23,580/- was awarded to the dependami of the cc: sd Devenclra. Each of the seven injured workmen was also awardd a sum of .Rs. 2:,U0O/.. All these sums of money were paid to the concerned. According o the Developers, they have also borne the entire medical expenses of alt the SC\L mjured workmen. It is also stated that when they were undergoing ttcatment, they were paid wages also.

The Labour Comrnissjonet• ha noted down the security lapses committed by Mis.Sobha Devehr)ers Ud. Accoiding to him, the Developers have violated Regulations 136, 137, 228, 230 and 240 of Building and other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 and the Rules framed there under. On 01.07.2008 the Labour Officer issued show cause notices to the Managing Director and the Contractor of the Company and they have submitted their replies. The report of the Labour Commissioner further discloses that the Company had to deposit a sum of Rs.4,30,5601' being the compensation payable to the dependants of the deceased workma under the provisions of the Workmen's Compensatjon Act. 2The said sum has been deposited before the Labour Commissioner On 6.07.2008. The developers have also paid Rs.25,000/ to the dependants of the deceased workme to pefform the last rites of the deceased workman

According to the Labour Ltd. have violated Regu1atj0 136,Comissjoner MIS Golden Gate Propeflj Rules framed thereder The Labour137, Commissioner 228, 230 and has 240 of the Act and the flOtjces to the Managing Director and the contrator of them have Submjed their replies. issued shr cause In of the co as m and both DepaentDirector and filed the acontractor of the company ch as the replies of the Managjg cmjnaJ were case in CC No.67g/0 ot Satisfacto Rs3,327391rther discloses that Under the Worneiis Coinpeih the is aw st them [bo' worlcnan Paranianan'D compensati to ep0rt o 02.07.200 the depefl(J said anot to de and the Lab Said auot of rhe the mt wa depo êCC&sed also paid ii a Sum OfRso tS ed: d ias taken 5 :ited ThPS t disburse the Apa develop5 Deveiop froj1 th e last rites oft have Depai. e PFinCiijal he deceased. 'fl1 Secretaries tka and the Labt and the the Go Labo. Dep to ate Coniis the e , Urban Propei ICs M/S erit to Ltd have also t Sobha Devel Govej. of filed Opers Ltd Ad heir detailed statement The 30 Fourth Annual Report 2010-11

Commission perused the entire materials placed before the Commission. The Commission did not think it necessary to record any findings about the alleged irregularities or illegalities committed by the developers. Suffice it to state that the statutory authorities and the police have already set in motion the proceedings against the developers for the alleged violations of law. The law will take its own course. At this juncture, the Commission was satisfied that the compensation payable to the dependants of the workmen who died as well as the injured workmen under the Workmen's Compensation Act has been paid to them. Even the cost of the medical treatment and the last rites to be performed in the case of deceased workmen has been borne by the developers.

Although the People's Union for Civil Liberties and other NGOs have requested the Commission to ensure the safety and welfare norms prescribed for construction workers scrupulously followed in all construction works by issuing appropriate directions, there is no need for us to reiterate .the obvious. The Commission has noted that elaborate health and safety measures are laid down in the Act and the Rules and Regulations framed thereunder. The Commission in its order has impressed upon the law enforcing authorities like the officers of the Labour Depaitijient to scrupulously enforce the statutory prescriptions and measures which are intended to protect and promote health and safety of the building workers. It is quite often said and reiterated by the Labour Department that they lack required staff to effectively monitor and oversee construction activities regularly and to take corrective measures when the builders violate statutory provisions. The Government should realize that the victims of these tragedies belong to marginalized segments of the society and, therefore, it is high time that the Government should wake up and provide the staff required by the Labour Department to monitor and oversee construction works carried on by hundreds of building companies in Bangalore and other big cities in the state. The Commission further directed that further construction of the building proposed by the developers involved in these proceedings is subject to their fulfilling all requirements, statutorily fixed or otherwise and further subject to them complying with all statutory prescriptions with regard to health and safety of building workers as well as conditions of licenses.

As per action taken report received in the Commission, sufficient compensation were paid to the dependants of the deceased persons with all welfare measures. Final compliance report is not yet received.

5. HRC No.7649/09 & all other related cases:

The Karnataka State Human Rights Commission had received complaints regarding the Lathi Charge on the farmers at Chamarajanagar District and also took note of the press reports that had appeared on the incident and referred the case to the Division Bench consisting of Sri. R.H. Raddi and Sri. B. Parthasarathy, Members of the Commission. The Members of the

31 Karnataka State Human Rights Commission

Commission who formed the Division Bench visited Chamarajanagar District and enquired with the farmers, members of the public, officers of the District including the Deputy Commissioner and Superintendent of Police and passed an interim order on 08.02.2010 summoning the then District Superintendent of Police Sri. B.A. Pawar, Dy.S.P. Sri. Basavaraju and Sub-Inspectors Sri. Srinivas Reddy & Sri. Pratap Reddy to appear before the Commission on 25.02.20 10. The said police officers appeared before the Commission on 25.02.2010 and after recording their statements, the Commission consisting of Members Sri. R.H. Raddi and Sri. B. Parthasarathy passed the following order in HRC No.7649/09 & all other related cases on 12.03.20 10.

The gist of the order is as follows:

The Commission took note of the directions issued in the interim order and made the following specific recommendations to the Government for its implementation.

1) The Government should take a policy decision regarding discrimination in supply of power to the Rural and Urban areas.

2) The main occupation of the State is Agriculture and large number of people are following agriculture and therefore the Commission has recommended for establishment of a permanent Agriculture Commission consisting of experts in the field. To this Commission reference is to be made regarding fixing prices for agricultural products giving crop insurance to the agriculturists and wages to agricultural labourers and referring to all other items that come under agriculture. It was also recommended to accord statutory po'r to the Commission for its effective performance.

3) One of the main Coconut products is Neera. The Government should take decision to permit the farmers to produce and sell Neera necessary license has to be given for the same.

4) A decision has to be taken regarding providing irrigation facilities to the dry land areas of Chamarajanagar District from Kabini reservoir which is one of the main reservoir in Kaveri basin within the ambit of Kaveri Tribunal award. As tanks have been supplied with water from Hemavati reservoir action may be taken to supply water to the tanks in Chamarajanagar District and other dry land areas from Kabini reservoir. Government in this budget has already declared that drinking water will be supplied to many villages in Chamarajanagar District. Since this is for drinking water it is to be implemented on priority.

32 Fourth Annual Report 2010-11

5) Chamarajanagar being a border District several infrastructure services like Road, Transport, Education, Health, Playgrounds and Drainage facilities have to be provided.

6) Crop Insurance Policy has to be re-examined and whether it could be introduced to all crops taking village as a unit has to be examined and action taken accordingly. How crop insurance has to be implemented may be referred to the Agriculture Commission if established.

7) The use of B.T. seeds has already been suspended in India whether it can be completely banned has to be consulted and a decision taken in the matter.

8) Fertilizer distribution has to be done properly.

9) The Deputy Commissioner's report mentioned that there is no illegal mining in the District. However, a survey has to be conducted in case illegal mining is there action has to be taken as per the Mining policy adopted by the Government.

10) Yashaswini Project has to be extended to landless labourers.

11) While appointing Deputy Commissioners and Superintendents of Police care should be taken to see their performance in maintenance of law and order and General Administration as Assistant Commissioners and Deputy Superintendents of Police. At least persons who have completed 8-10 years of service only have to be appointed as Deputy Commissioners and Superintendents of Police. A Committee headed by the Chief Secretary consisting of senior officers of the Government should be formed to make recommendation regarding the appointment of Deputy Commissioners. Similarly a Committee headed by Additional Chief Secretary and consisting of DG & IGP of Kamataka & DGP of C.O.D. should examine and recommend persons for appointment as Superintendents of Police.

12) A short-term, training course in law & order and other aspects should be organized in the Administrative Training Institute, Mysore for those appointed as Deputy Commissioners.

13) The Police Academy, Mysore has got provision for training probationary officers. Similarly from time to time training is to be provided regarding law & order matters for officers who are actually working in the field particularly training regarding

33 Karnataka State Human Rights Commission

action to be taken when people are arrested as per the orders of the Supreme Court.

14) The Cammission has come to the conclusion that there was no need for lathi charge on the farmers at Chamarajanagar District and therefore as per the Wound Certificate they are to be provided compensation. A iidicated i the. order, ftr those with minor injuries a compensation of Rs.5000/- and those with serious injuries a compensation of Rs.1 0,000I per person is recommended to be paid.

It is an important order consisting of several recommendations including the setting up a permanent Agriculture Commission having been issued on 12.03.2010 and action taken on these 14 important recommendations have been called from the Chief Secretary to Government. The comments of the Government as required under Section 18(e) of the Protection of Human Rights Act have not been received so far. The State Government may consider these recommendations and take its decision at an early date.

6. HRC No.4455/SM-1144/09:

The Division Bench-IT of the Commission had taken cognizance of the report published in daily Indian Express newspaper dated 10.08.2009 under the caption "So much to do in so little time — HOSPITALS STOP FOLLOW-UP TESTS" and also other daily newspapers, the Commission noted with concern that Hi Ni cases in the city of Bangalore and across the State tire being increased day by day and as per the newspapers there are no precautionary preventive measures and also lack of proper treatments for the affected people. The Commission therefore registered the case as suo-motu on the basis of newspapers reports and directed the Principal Secretary to Health and Family Welfare Department to appear before the Commission with reports. The Principal Secretary to Health and Family Welfare Department appeared before the Commission on 24.08.2009 and gave a detail statement regarding the preventive steps as well as the steps taken for proper treatment of the affected people. The Director of Health and Family Welfare Department also gave a detailed report regarding the steps taken by the authorities.

It was noted by the Commission about the availability of the laboratories and also the statement of Hon'ble Chief Minister to set up one more laboratory in the NIMHANS. The Commission is of the view that at least one laboratory each with all equipments should be set up in North Karnataka i.e. the erstwhile Mumbai-Karnataka Area and another in Gulbarga i.e. erstwhile Hyderabad- Karnataka Area. The Commission noted with concern the growing number of people being affected by various diseases like Chicken gunya, Swine Flu, Dengi Fever in addition to the existing diseases in the Community. The

34 Fourth Annual Report 2010-11

Chairperson and Members of the Commission have visited various hospitals in the State including some surprise visits. While generally the District Hospitals are functioning within their limits, there are many vacancies of Doctors and other staff in these Hospitals. Even the existing staffing pattern has to be examined in the light of large number of people visiting these Hospitals every day. Right to Health being one of the important Human Rights, the Commission recommends that the Government in Health and Family Welfare Department to constitute a team of experts to go into the details regarding the facilities available in various Hospitals both in Bangalore and across the State. This Committee should give immediate attention for short-term measures and long-term measures to combat the diseases like Swine-flu, Chicken Gunya and all such other dcases which is bothering the people particularly those with iesc: income.

It was also noted that the State Government has passed necessary orders to meet the treatment expenses of the poor people in the Private Hospitals but it is being complained that it has not been implemented properly. The Commission had directed the Principal Secretary to Health and Family Welfare Department to give comprehensive report to the Commission within a period of one month of the action taken on various issues that are mentioned in this order.

Although such an important recommendation was made to the Government Health Department regarding protecting the right to health it is unfortunate that the authorities have not reported the action taken in the matter.

7. HRC No.4040/SM-809/08 to 4052/SM-821/08 c/w. 4075/SM-829/08, 4076/SM-830/08, 4117/SM-852/08, 4182/SM-865/09, 4139/08 & 358/09:

These cases have been registered suo-motu by the Commission on the basis of press reports. It was widely reported in the media that two contract labourers, namely, Ambarish, aged 40 years and Sri. Narasimha Murthy, aged -43 years, residents of Laggare and an autorickshaw driver Sreenivas @ Seena by name, aged 35 years, resident of Veerasagara in Hesarghatta main road were asphyxiated in a 30 feet deep manhole in Yelahanka New Town on 14.11.2008 on account of the negligence on the part of the BWSSB officials and its contractor.

1)uring the pendency of these proceedings, Alternative Law Forum and some public spirited persons like Mr. Clifton D' Kolario, Ms. Maitreyi Krishnan and Mi. Devraj jointly submitted a petition dated 26.01.2009 to the Commission with regard to the same tragedy seeking compensation to the families of the deceased persons and also certain directions to the authorities of BWSSB to avert such happenings in future. The Chairman, BWSSB and the Labour Commissioner were asked to submit the report with regard to this tragedy.

35 Kamataka State Human Rights Commission

It was reported by the Chairman, BWSSB that on 14.04.2008 between 1.00 p.m. and 1.30 p.m., G.T. Somashekar; Assistant Engineer, BWSSB, and his team of officers and D. Gangadharaiah, Labour Contractor, along with two contract labourers, namely Narasimhaiah and Ambarish went near Mother Dairy Circle of Yelahanka to clean the underground pipe line. The plate covered to the manhole was removed allowing the poisonous gas to come out. Thereafter, the contract labourers were instructed to have lunch and thereafter to start the cleaning work. Having so advised, the labour contractor, Assistant Engineer and other officers went for lunch. When the matter stood thus, the contract labourers peeped into the manhole to see whether any garbage was struck in it and while doing so, one contract labourer slipped and fell into the manhole. In order to rescue him, the other contract labourer tried to pull out the slipped contract labourer, but in the process he also fell into the manhole. On hearing the cries of these two contract labourers, Sri. Srinivas, an autorickshaw driver who was then passing by stopped his vehicle and went for the rescue of the contract labourers, but he also fell into the manhole. All the three persons inhaled poisonous gas and they were asphyxiated and died. Immediately the fire force and the police arrived at the spot, lifted all the three dead bodies and were taken to Government Hospital, Yelahanka for P.M. Examination.

The Chairman, BWSSB in his report stated that the Government paid a sum of Rs. 10,000/- to each of the families of the deceased persons to. perform last rites. The Government has also paid a sum of Rs. 1,00,000/- to each of the families of the two contract labourers. According to the Labour Commissioner, the dependants of Ambarish are entitled to compensation of Rs.3,56,980/- and the dependants of Narasimhaiah are entitled to compensation of Rs.4,15,960/- in terms of the Workmen's Compensation Act. It is reported that no compensation is paid to the dependants of Srinivas either by the Government or by BWSSB. The NGOs in the joint petition stated that BWSSB and the Secretary to the Minister of BWSSB had promised to pay compensation of Rs.3,00,000/- to each of the families of the 3 deceased persons, but only a sum of Rs. 1,00,000/- has been paid to the families of the Contract Labourers and nothing is paid to the family of the deceased autorickshaw driver Srinivas. These NGOs have sought for a direction from the Commission to the BWSSB/State Government to pay compensation of Rs.5,00,000/- to the dependants of each of the 3 deceased persons. It was noted that the Government has already paid a sum of Rs. 1,00,OQO/- to each of the families of the said contract labourers. The Labour Commissioner has already initiated proceedings under the Workmen's Compensation Act and the dependants of the deceased contract labourers will be entitled to compensation in terms of the said Act. Therefore, there is no need for the Commission to issue any direction either to the Government or to the BWSSB to pay any compensation on and above what has been paid by Government of Karnataka or the compensation to which the dependants of the 2 contract labourers are entitled in terms of the Workmen's compensation Act. But it is most unfortunate that Government of

36 PH -0 40 -E C dangerous also,theCommissionhasrecommendedfollowingmeasures. dependants ofSri.Srinivas. The CommissionhasthereforedirectedtopayasumofRs.5,00,000/-the dependants ofthesoleearningmemberfamilyAutodriverSri.Srinivas. Karnataka ortheBWSSBhavenotthoughtitfittorenderhelpinghand (iii) (ii) (iv) (i) After knowingthatcleaningofmanholeisnotonlydifficult,but (v) (vi) (vii) The GovernmentofKarnataka,BWSSB,MunicipalCorporations and MunicipalitiesintheStateshouldproviderequisitesafety measures topreventinjuryordeathofsewerageworkers having regardtothenatureofworktheydo. accountability andpossibilityofaccident,detailsfinancial and MunicipalitiesintheStatearedirectedtoformulatea The GovernmentofKamataka,BWSSB,MunicipalCorporations other compensationtobegiventhoseinjuredandthefamilies of receipttheOrder. (Rupees FiveLaknsonly)tothedependantsofdeceased compensatory andaccountabilitypolicydetailingthe The Chairman,BWSSB,isdirectedtopayasumofRs.5,00,000/- Sri. Srinivas,autorickshawdriver,withinamonthfromthedate of thedeceasedincasedeath. The GovernmentofKarnataka,BWSSB,MunicipalCorporations and MunicipalitiesintheStateshallcarryoutcomprehensive medical checkupofallthesewerageworkersandthereafterto regaining thehealthandduringtimeofavailingmedical provide themcomprehensivemedicaltreatmentfreeofcostfor treatment the'pourakarmiks'shallbepaidfullwages. workers, whetherpermanentortemporary thoseemployedon The GovernmentofKarnataka,BWSSB,MunicipalCorporations and MunicipalitiesintheStatearedirectedtoprovideall and allsuchequipmentsnecessaryfortheirsafety andtomaintain The GovernmentofKarnataka,BWSSB,Municipal Corporations their health. contract and MunicipalitiesintheStatearedirected toimplement Sri. I.P.D.SalappaCommitteeReport,1976 on theImprovement The GovernmentofKarnataka shallissueaGovernmentOrder of LivingandWorking ConditionsofSweepersandScavengers. commanding allMunicipal Corporationsandothermunicipal I daily wagebasisetc.withbunnysuits,protective gears 37 Fourth AnnualReport2010-11 Kamataka State Human Rights Commission

bodies in the State to implement the recommendations of this Commission incorporated in this Order within 3 months.

(viii) The Chairman, BWSSB, and the Chief Secretary to the Government of Karnataka, are directed to submit action taken report on the recommendations of the Commission made above within 3 months from the date of receipt of this order.

Although such an important order has been passed regarding the dangers in cleaning the manhole, the Government has not yet submitted the compliance report. It is hoped that the Government will take a serious view of the matter keeping the observations of the Commission and take up immediate and appropriate action. This is a suo-motu case registered by the Commission. Karnataka State Human Rights Commission is following a novel method of taking note of important events that are reported both in the print media and electronic media and register cases as suo-motu and pass orders. So far the Commission has registered 5,423 number of suo-motu cases and passed very important orders making useful recommendations regarding many of the aspects of the human rights violation.

Action taken report / compliance report has not been received from the concerned authorities.

8. HRC No.2846/09:

The Fact Finding Co-ordinator of South Indian Cell for Human Rights Education and Monitoring (SICHREM) met the Chairperson of the Commission and lodged a written complaint with regard to the alleged detention of a minor, Sandeep by name, aged 17 years, son of Sri. Anthony, by K.R. Puram police since 06.06.2009 and alleging severe torture to him by the police.

The Chairperson of the Commission along with the Inspector General Police and Deputy Superintendent of Police and other officials of the Commission visited the police station to verify the truth of the K.R. Puram police station, the Commission found 13 persons in the lock-up of the police station and one among them Sandeep was also found. The Commission recorded the statements of all the detainees and also that of Sri. Anthony, father of Sandeep. The Commission has also recorded the statement of Sri. H.J. Thippeswamy, Police Inspector, K.R. Puram Police Station, Bangalore. The Inspector General of Police was. asked to investigate and furnish his report. The report of IGP that was submitted to the Commission has highlighted certain serious lapses committed by Sri. H.J. Thippeswamy. It was noted that the 13 detainees were kept in the lock-up since many days without being involved in any crimes and they were subjected to custodial torture. Investigation Division report was carefully and critically examined the entire materials placed before

38 Fourth Annual Report 20 10-1 1 the Commission and it came to the conclusion that Sri. H.J. Thippeswamy and other police personnel of K.R. Puram police station are prima facie guilty of committing serious crimes and violating basic human rights of the detainees and thought it fit to recommend appropriate legal actions against Sri. H.J. Thippeswamy and other police personnel of K.R. Puram police station. As required under Section 16 of the Protection of Human Rights Act, 1993, the Commission directed notice to Sri. H.J. Thippeswamy in order to give him an opportunity of being heard. Accordingly, the statement Sri. H.J. Thippeswamy was to be recorded on 09.09.2009 and after granting him an adjournment was recorded on 19.09.2009 on his request. But in the meantime, the father of one of the detainees, namely Sandeep Kumar sent a letter to the Commission requested to drop the proceedings. But in view of the circumstances noted in the order the Commission by its order dated 05.09.2009 rejected the request of Sri. Anthony contained in his letter dated 27.08.2009 to drop the proceedings.

Sri. H.J. Thippeswamy has stated in his statement that none of the detainees were detained illegally, but records would clearly show that in arresting and detaining the detainees the police of K.R. Puram police station have not complied with the relevant mandatory provisions of the Constitution, the binding judgments of the Supreme Court in D.K. Bàsu V/s. State of West Bengal and other cases, and directives issued by the National Human Rights Commission from time to time. It was also noted that a minor was kept in police custody illegally. Sri. H.J. Thippeswamy has stated that some of the accused were involved in dacoity, robbery, pick-pocketing, etc. and in such cases, if the accused are not dealt with properly, it would be very difficult to recover the properties and the failure would send wrong signal to the society. But it is noted that both means and goals in course of investigation and bringing the culprits to book should be legal and justified. The police in order to achieve goals cannot resort to illegal and unjustified means and tactics. After examining of these aspects, the Commission recommended to the Government of Karnataka represented by its Home Secretary;

(i) To prosecute Sri. H.J. Thippeswamy, Police Inspector, K.R. Puram Police Station, Bangalore City, by entrusting the case to COD, for commission of the offences punishable under Sections 344 and 346 of IPC and violation of Human Rights of 13 detainees whose details are set out in the order.

(ii) To place Sri. H.J. Thippeswamy, Police Inspector, under suspension pending inquiry and prosecution by the COD; and

(iii) To initiate Disciplinary Proceedings against Sri. H.J. Thippeswamy in accordance with law.

39 Karnataka State Human Rights Commission

This order has been passed on 13.11.2009 as per Section 18(e) reads as follows:

the Commission shall send a copy of its inquiry report together with its recommendations to the concerned Government or authority and the concerned Government or authority shall, within a period of one month, or such further time as the Commission may allow, forward its comments on the report, including the action taken or proposed to be taken thereon, to the Commission;"

Inspite of fact that these orders have been passed on 13.11.2009 and the Home Secretary to the Government of Karnataka has received on 21.11.2009, the compliance report has not been received. The State authority and in this case the Secretary to the Government, Home Department has to inform the Commission of the action taken or his comments on the recommendations. Unfortunately, in many cases as in the case above this provision is not followed. The Chief Secretary to Government may be instructed by the Government to issue proper instructions to all the authorities concerned to follow Section 18(e) of the Protection of Human Rights Act scrupulously.

The matter had been challenged in the Hon'ble High Court of Karnataka in wp No.38901/09 (Gen-RES) by Police Inspector Sri. H.J. Thippeswamy. The writ petition has been dismissed on 18.02.2010. The Home Department in the Government of Karnataka have to take action as per the recommendation of the Commission and report compliance.

Compliance report has not been received from the Principal Secretary, Home Department, although the orders have been passed on 13.11.2009.

9. HRC No.2166/08:

Smt. Gowramma in her complaint dated 27.06.2008 has stated that on 20.02.2008 her son Kumar along with their village man Sampangi went to Channapatna Rural police station to file a complaint. But the police station incharge Nanjappa did not receive the complaint and instead advised her son to compromise and he filed a case against her son. The Commission having registered the case asked for a report from Superintendent of Police, Ramanagaram District. According to that the complainant son and Sri. Sampangi were enquired and their' statements were recorded. It was because of a clash regarding the destruction of flower the complainant's son and their opponents had quarreled and both of them gave complaints to the police station and after investigation charge sheet have been filed in the Court. Since the matter is before the Court it is difficult to give a report against the allegation. But the Commission after perusal of the case was of the view that there is negligence in recording the complaint and also noted that the complaint has been registered after a lapse of many days. Therefore, the Commission

40 Fourth Annual Report 2010-11

recommended for the payment of Rs.10,000/- to the Complainant Smt. Gowramma and also recommended for disciplinary action against Sri. Nanjappa, Police Sub-Inspector, Channapatna Rural Police Station. The amount to be paid as relief could be collected from the police officer Sri. Nanjappa. The Commission has called for action taken report within one month.

Compliance report has not been received from the Principal Secretary, Home Department, although the orders have been passed on 09.03.20 10.

10. HRC No.2372/SM-450/08:

The Commission registered a suo-motu case regarding accidents that are taking place in the Bangalore Metro Transport Corporation. It was noted that a 12 year boy Raghavendra died because of the negligence of city bus driver and asked for the report of Managing Director, Bangalore Metro Transport Corporation and Commissioner of Police, Bangalore City. The Managing Director, BMTC stated that suitable preventive action is being taken and BMTC drivers are giving training regarding careful driving of the buses. The Commissioner of Police has stated that action as per law is being taken. The Commission recommended to the Managing Director, BMTC to take stringent action against those who do not follow the instructions issued regarding careful driving.

Compliance report has not been received from the Managing Director, BMTC, although the orders have been passed on 30.03.20 10.

11. HRC No.4243/08:

Sri. G.V. Parvatikar of Bagalkot and other similarly placed persons affected on account of submersion of their properties under Upper Krishn Project situated within the limits of Bagalkot town and the properties namel the buildings like residential houses and shops of the complainants are comi under the submersion of backwaters of Almatti Dam and they contend that there has been no proper rehabilitation and resettlement package rehabilitating them on account of such submersion. They have stated eve that much of water is stored in the Almatti Dam, which is the maxi quantity of water, the properties belonging to the complainants which had acquired on account of submersion of backwater, will not be submerged Sri.Siddalingegowda on press reports had also filed the complaint and also been clubbed with this.

It is the case of the complainant that there is no proper pac rehabilitating them, providing a provision for earning their livelihood Commission called for the report from the Chief Secretary to Gove Kamataka and the Regional Commissioner, Belgaum, who is

4' ataka State Human Rights Corninissin

Commissioner for Rehabilitation and Resettlement and L.A. of Upper Krishna Project, Bagalkot. Pending receipt of reports from the said authorities, the complainants approached the Commission again contending that the Bagalkot Town Development Authority (BTDA) has invited tenders for demolition of the structures between contour 520.10 and 521.00 metres, which deprives their interests and rights. The Regional Commissioner, Belgaum submitted his report on 01.01.2009 and the comments were called for from the Complainants and they have submitted the comments on 18.01.2009. The Commission after visiting Bagalkot and after perusing the reports that were submitted noted that the complainants have already filed a writ petition in the High Court of Karnataka seeking similar relief The Commission after considering the contents of the complaint, the report and the comments as well as its views on hearing the locals of old town and new town of Bagalkot and also on its own inspection by going around such areas in both old town and new town, noticed that the BTDA, if it has to demolish the structures as proposed falling between contour 520.10 metres and 521.00 metres, has to necessarily provide the minimum basic facilities to the human beings who are going to be shifted from that area to live their life as human beings enabling them to earn their day to day livelihood to live with human dignity. Keeping the right to life and right to livehood of the persons going to be affected on account of shifting from old town to new town, the Commission directed the BTDA to provide the following basic necessities.

(a) To provide proper shelter to suit the dignity of each human being to live therein as a human being with such dignity with which he or she lived earlier in the old town making a suitable provision for the persons to shift from old town to new town with all such dignity and their rights to food, shelter and livelihood are not affected. Displacement shall not be carried out in a maimer that violates the rights to life, dignity, liberty and security of those affected.

All affected and displaced persons have the right to security for their physical wellbeing and their property. It is, therefore, the Government of Kamataka shall establish sufficient number of Police Stations/Out Stations with police personnel to take rounds 1uring days as well as nights around the area of Navanagar, which scatterly spread to ensure safety of the physical wellbeing of the nerty of the residents of Navanagar.

ca of Navanagar is scatterly spread, for the movement of the is to go to shops, hospitals, schools, police stations, 'al offices, District Administration offices, Courts, etc., bus move within the Navanagar area, on free pass basis or nominal charges shall be provided.

42 Fourth Annual Report 2010-11

(d) To generate employment and work and to provide minimum basic facilities for Navanagar residents to go in for shopping, the residents shall be facilitated by establishing market areas at nearer and various places and such development of market areas shall be on war footing basis. There shall be programmes for generating variety of works at Navanagar so that the displaced persons from old town shall earn their livelihood once when they are shifted to Navanagar. Since the persons displaced are compelled to change their place of business from old town to new town of Bagalkot, as the business has been substantially affected on account of submergence, the business requires to be promoted by providing provision for free trade zone.

(e) Since the purpose of allotment of sites for industrial establishments has not become fruitful, the allotment of sites for industrial developments if industries are not established within the given or specified time, shall be cancelled and sites shall be allotted to such entrepreneurs who come positively to develop the industries and generate the income and employment for the displaced persons. This shall be done without any hesitation and within the shortest possible time to protect the rights of the displaced persons for earning their livelihood.

(1) Shifting of the persons from the affected old town area to the new town area and for the persons moving from old town area to new town area to earn their livelihood and vice versa as well as for the coolie workers going from new town to old town and the persons residing in the new town to go to old town to work in their commercial or business establishments, transport facility like free buses to them shall be provided without costing anything to them out of their meager earning for their livelihood for that purpose.

(g) Health care facilities are to be provided on priority basis as the District Health Hospital is in the new town area and in emergency of the persons living in the old town area, a vehicle or facilities to move to District Hospital shall be provided at the earliest possible. The Bagalkot Town Development Authority shall put forth all possible efforts to create employment opportunities for the persons at new town and have the programmes to attract the displaced persons to be shifted from old town to new town so that they volunteer to shift themselves to the new town.

(h) Grave yards in the new town are situated far off from the residential places of some of the residents and, therefore, the authorities shall provide a vehicle or facility to reach the grave yards carrying the dead bodies. The facility shall be provided to

43 Karnataka State Human Rights Comrnissin

the residents of old town for payment of municipal tax etc., as the Town Municipal Office is in the new town and for them movement from old town to new town there shall be a provision for free conveyance. There shall be some special arrangement for the people coming for official works at new town from old town providing free conveyance to them. (i) The commercial establishments at old town which are to be shifted at 525.00 metres of water level under special category, shall be shifted at once by construction of common shop complexes for all the business people of old town on loan basis i.e. contribution of the businessmen being 25 per cent of the total cost of his shop and 75 per cent of the cost shall be raised by loan in such businessman's name by the Bagalkot Town Development Authority taking financial assistance from financial institutions and taking of the construction of shopping complex with the help of construction companies like Housing Board, Land Army etc, as the Commission has received representation from the business community people of old town with such a proposal so as to enable them to shift at once for the purpose to avoid affecting the business of one or two individuals who shift to the new town.

(j) To facilitate the allottees of one or more number of sites on account of the family eligibility to meet the exigencies in life like health emergency, education necessity, etc., the conditions in the lease cum agreement relating to allotment of sites shall be relaxed so as to enable them either to mortgage or alienate the portion of the sites allotted to them to meet such exigencies as they have a right over their property in their possession.

(k) The shops constructed in new town area shall be allotted to such business people from old town who intend to start their business free from rentals for a particular period of 3-5 years so as to promote their livelihood in new town area.

The Commission directed that the above recommendations shall be complied so as to protect the human rights like right to life, dignity, liberty and security of the persons to be shifted from old town to new town and to protect their right to livelihood while shifting from old Bagalkot town to new Bagalkot town from the affected submergence area, within a period of three months and action taken shall be reported within one month from the date of receipt of this order.

Compliance report has not been received from the State Government and the Regional Commissioner who is also Commissioner for Rehabilitation and Resettlement, UKP, Bagalkot, although the orders have been passed on 02.05.2009.

44 Fourth Annual Report 2010-11

12. HRC Nos.4357/08 clw. 4385/08:

South India Cell for Human Rights Education and Monitoring (SICHREM), a NGO filed two complaints that Sri. Janardhan and his wife Smt. Varalakshmi, residents of Dooravaninagar, Bangalore were taken by the Police Inspector, Indiranagar Police Station who along with 2 Constables came in a private vehicle and they have been kept in illegal custody and although Smt. Varalakshmi being a woman who was not supposed to be kept in the police station after 6.00 p.m., but she has been illegally detained by the said Police Inspector in the police station. The Commission registered the case and took up investigation and directed the investigation wing to enquire and submit a report. Accordingly, Deputy Superintendent of Police of the Commission submitted a report. He has recorded the statements of all the witnesses. Sri. Janardhan and Smt. Varalakshmi, Police Inspector Sri. P.T. Thorat of Indiranagar Police Station and his staff According to the statements of Janardhan and Varalakhsmi, their son Narayan left their house at an early age and he used to visit them occasionally. But he had not informed what he was doing and he is said to have told that he married one Smt. Kapila. They also came to know that Narayan was involved in some crimes and was arrested by Sreeramapur Police and for some time he was in jail. Their another son Bhaktavatsala is a driver and working in a private establishment and is living separately. They also stated that their son Narayana was living separately and some time he used to contact them for money. On 29.11.2008 at about 7.00 a.m. 4 police and a woman PC came to their house in a vehicle, took both of them and brought to Indiranagar Police Station. After some time they also brought their another son Bhaktavatsala to the police station and have beaten him. The police compelled them to disclose the whereabouts of their son Narayan on the ground that Narayan stated to have stolen Rs.5.00 lakhs. Despite their telling that Narayan was not living with them and they do not know his whereabouts, the police started pestering them to disclose the whereabouts of Narayan. Whereas the police stated to have kept them illegally in the police station. On 02.12.2008 police officials took Janardhan to a hotel and to some other places in Indiranagar and brought him back to the police station and some Lady PCs brought Smt. Varalakshmi to their house about 3.00 a.m., they allowed Smt. Varalakshmi to change her clothes and after a few hours brought her back to the police station. The Women PCs were reported to have stayed with Smt. Varalakshmi in their house. This was noticed by Sri. Prakash Kariappa, the complainant when he came to the house at 9.00 a.m. along with Bhaktavatsala. Sri. Prakash Kariappa stated to have enquired the lady police and came to know that they are posted to watch the movements of Smt. Varalakshmi. Sri. Prakash Kariappa and Bhaktavatsala stated to have visited the police station in order to see Janardhan. To their surprise Sri. Janardhan was not there in the police station. Whereas, Bhakta Vatsala identified the tracksuit of his father Janardhan, so it was confirmed that Indiranagar police had illegally kept Sri. Janardhan and his wife Smt. Varalakshmi in the police station, but moved them out of the police

45 Kamataka State Human Rights Commission

station when both of them went there, Thereafter, Sri. Prakash Kariappa brought Smt. Varalakshmi along with her son Sri. Bhakta Vatsala to this Commission on 03.12.2008. According to the statement of Sri. P.T. Thorat, Police Inspector Sri. Narayan was involved in crime No.277/08 being registered on the complaint of one Sri. K.K. Erappa and stated that they had not kept Janardhan and Varalakshrni in the police station. The report of the investigation wing indicates that there are prima-facie materials to show that Sri. Janardhan and his wife Smt. Varalakshmi were illegally detained in the police station by Sri. P.T. Thorat, the Police Inspector arid his staff of Indiranagar Police Station. Therefore, the TOP, SHRC in his report having recorded adverse findings recommended for initiating disciplinary proceedings against them.

The enquiry report as well as the statements of the police officers were examined in detail by the Commission and as per evidence available Sri. Janardhan has been blackmailed to show his son Narayan and the evidence that was available was sufficient to say that the human rights of Janardhan and his wife Varalakshmi have been violated arid therefore the Commission recommended to the Director General and Inspector General of Police, Government of Kamataka to initiate disciplinaiy action against Sri. P.T. Thorat, P1, Sri. Prem Singh, ASI, Sri. Subramanya. I-IC and Harinatha Shetty, PC (the driver).

Although the orders have been passed on 23.09.2009, the compliance report has not been received from the DG & IGP.

13. HRC No.37561SM-929109:

Karavali Ale, a newspaper reported about c ri d" & 3'od djaro" on 13.07.2007. -D ' 25 When this press report was sent to the Principal Secretary to Government, Public Works Department, he reported the action taken to repair the Shiradi Ghat road. It was stated that since the contractor was not prepared to take the work regarding NH-48 from 237.00 to 264.00 krns. temporary repair was conducted. The Additional Director General for Central Land Transport also reported about the action taken. The Chief Engineer, National Highway has reported that repair work has been conducted, but the press report says that this is not of good quality. The Commission recommended to the Principal Secretary, PWD and Chief Engineer, NH to take steps for keeping the road in good condition so that traffic is not affected. This order was passed with the recommendation on 05.12.2009 and compliance report from the Principal Secretary, PWD and Chief Engineer, NH is awaited.

14. HRC No.447/07:

The President of the Bar Association, Bhatkai complained that the Police Sub-Inspector Sri. Shanmukhagouda \/. Patil, Bhatkal Rural Police

46 Fourth Annual Report 2010-11

Station threatened a senior advocate Sri. J.D. Nayak showing his revolver and stating that he is going to shoot him and thereby preventing the advocate from discharging his duty. It is reported that J.D. Nayak and his colleagues and the two Accused and those who are ready to give them surety were to produce them before the Court. At that time, Police Sub-Inspector Sri. Shanmukhagouda V. Patil came there and prevented the Advocate and others from going to the court and asked to handover the two Accused to him. At that time the PSI showed his service revolver and threatened to shoot the Advocate Sri. J.D. Nayak, According to the President of Bar Association this action of the police Sub-Inspector was to prevent them from discharging their duties, since happened in front of the Court many Advocates and the Advocates Association have requested for conducting action against Sri. Shanmukhagouda V. Patil.

The Commission directed the Inspector General of Police, Western Range, Mangalore to enquire and submit the report. Accordingly, IGP has submitted his report. This report when sent to the Bar Association President for omments, the Bar Association President offered some comments and amining them, IGP of the Investigation Wing of the Commission was 41rected to conduct fresh enquiry and submit a report after giving an . ,opportunity to the Advocates as well as police officers. As per the report, Sri. / ö hanrnukhagouda V. Patil, Police Sub-Inspector has behaved in a manner tbecoming of a police officer. He could have moved the Court and requested hando\'er the Accused to the police custody instead of quarrelling with the 1voates. According to the report Sri. Shanmukhagouda V. Patil did not take action in the matter. The report was sent to Sri. Shanmukhagouda V. Patil hi statement according to the Section 16 of the Protection of Human Rights t. hut he has neither submitted his statement nor asked for an opportunity to heard in person.

The Commission after examining the records and enquiry report has concluded that there is violation of human rights and therefore has recommended to keep Police Sub-Inspector Sri. Shanmukhagouda V. Patil under suspension and take disciplinary action. The recommendation has been sent to the District Superintendent of Police, Karwar for further action in the matter. The compliance report is not received.

15. HRC No.725/08:

Sri. Satyanarayan Bhat of Nagarabhavi, Bangalore filed a complaint regarding the problems faced in NGEF Layout regarding cleanliness, bad condition of the roads, garbage has been thrown all ovei the place, noise pollution, air pollution and other problems and having given in the vacant space which is next to the NGEF Layout and thereby causing many of these problems and also regarding the drinking water which is being supplied by bore-well and inspite of various requests given to the BWSSB, Cauvery water Kamataka State Human Rights Commission

has not been made available. Therefore, there is violation of human rights. This was sent to Bruhat Bangalore Mahanagara Palike and Bangalore Development Authority Commissioners for a report. They in turn got the reports from their subordinate officers and submitted reports.

Accordingly, NGEF layout is a layout approved by the BDA and Vrushabhavati River flows by the side of this extension. There is a seven feet wide pipeline, the water has to go and drainage water is not flowing in this pipeline. They have repaired ten roads. When the copies of the reports were sent to the Complainant for his comment, he requested the Commission to inspect the spot and see for itself the problems faced by the residents of the extension and also no response from the authorities. Accordingly, on 04.05.2009 the Commission visited the place the Chief Engineer, BBMP,/ 71/ officers of the BWSSB, Bangalore University, Pollution Control Board and complainant were present. The complainant and the residents explain& problems they are facing and their main demand was regarding pr' drinking water from Cauvery river. They also mentioned about the 2 4' land available between the layout and Bangalore University in respec a dispute is stated to have been pending between the Bangalore Uni the BDA. It was reported by the officers of BWSSB that they have estimate of Rs.62.00 lakhs for drinking water. So far as water concerned if the residents of the extension collect Rs.62.00 lakhs and pa BWSSB Cauveiy water would be supplied. But the residents expressed t' inability on the ground that the then NGEF House Building Society has bec defunct and thus, the residents were unable to deposit Rs.62.00 lakh Regarding the dispute about two acres of land Bangalore Development Authority Commissioner was requested to examine and take appropriate action in the matter. The Chief Engineer of BWSSB who appeared before the Commission mentioned that their letter dated 04.11.2009 informed that approval of the competent authority has been conveyed to the office bearers of the Welfare Association asking them to deposit Rs.33,29,480/- initially collected from 417 site owners to provide water supply facility to the area and the balance amount of Rs.28,3 1,300/- will be collected at the time of sanctioning of individual service connections from the remaining 308 site owners. Accordingly recommendations were made to the BWSSB officers to discuss with the welfare association of the extension and take action for supplying drinking water. The Commissioner, Bangalore Development Authority and Commissioner, BBMP to discuss with the senior officers and see how two acres of land can be developed. They may consider developing this either an extension or as a park and take decision within six months.

This order has been passed on 04.12.2009 and the period of six months is over. The complainant has again filed a complaint stating that the authorities have not implemented the recommendations made by the Commission. His petition is under consideration of the Commission.

48 Fourth Annual Report 2010-11

THE IMPORTANT CASES IN WHICH ORDERS ARE PASSED DURING THE YEAR 2010-11

1. HRC No.7431/SM-2046/09 to 7472/SM-2087/09 & connected cases:

It was widely reported in the press that at least 55 employees are suspected to have been affected by radiation at the first unit of the Kaiga Atomoc Power Station established in Kaiga of Karwar Taluk, in Uttara Kannada District and the affected employees were hospitalized with symptoms of radioactive poisoning after coming to know that their urine had higher tritium content, a hydrogen isotope. This was a very serious incident, which had received wide concern from the people about the safety and security of the plant and possible damage caused to the health and environment of the people concerned. The Commission having taken note of seriousness of the problem suo-moto registered the part cases and was eager and serious to know the outcome of the probe already ordered by the Nuclear Power Corporation of India Ltd. (NPCIL) and the investigation was conducted under the direct guidaice and Superintendence of the Inspector General of Police, Western Range and Superintendent of Police, Uttara Kannada District and the remedial measures taken by the Department of Atomic Energy and the NPCIL. The Commission was issued notices and directed the following officers to submit their reports with regard to the incident.

1) The Director, Kaiga Atomic Power Station, Kaiga, Karwar Taluk, Uttara Kannada District. 2) The Chairman and Managing Director, Nuclear Power Corporation of India Ltd., Vikram Sarabhai Bhavan, Anushakthy Nagar, Mumbai-400 094. 3) The Secretary, Department of Atomic Energy, Government of India, Central Secretariat, North Block, New Delhi-i 10 001. 4) The Chief Secretary, Government of Karnataka, Vidhana Soudha, Bangalore. 5) The Inspector General of Police, Western Range, Mangalore. 6) The Deputy Commissioner, Uttara Kannada District, Karwar. 7) The Superintendent of Police, Uttara Kannada District, Karwar.

In response to the notice, the Director, Kaiga Atomic Power Station, the Chairman and Managing Director, NPCIL, the Secretary, Depaitiiient of Atomic Energy, Government of India have submitted a common report and other officers also submitted their respective reports separately and also the remedial measures taken by NPCIL were set out and they are as follows:

(i) All the water coolers inside the operating island have been covered with cages to ensure that only water outlet point will be accessible from outside. (ii) All the heavy water sampling, analysis and storage procedures have been further strengthened.

49 Karnataka State Human Rights Commission

(iii) Additional control gate with RIFD card at the entrance to the radiological zone area has been installed.

The report further stated that all the workers who got exposed to radiation doses they were treated as per the extant guidelines based on their urine sample analysis and they are all best of their health and have been working without any break. It was reported that there is no danger to the health of any person who received radiation doses. The officers of the Government of India stated that the incident was limited to one of the drinking water cooler and the radiological condition in the plant premises and in the environment was normal, The officers of the State Government have given their detailed independent reports wherein they have stated that this incident is only a mischievous act of some person and the same is under investigation. The Commission after going through all the reports, came to the conclusion that the incident was possibly an act of mischief and not out of any md;take or default committed in the operation of the plant. However. the laica :\tolric Power Station authorities were directed to take all safety and protective measures in the operation of the plant in future keeping in mind the health and safety of all the caployces. The Inspector General of Police, Western Range, Mangalore. the Dcpu\ ulumissioner. Uttara Kaimada District and the Superintendent of Police. Uttara Kanrua District were directed to submit a COPY of the final report after concluding investigation in the matter. This order was passed on 07.02.2011 and the compliance report is awaited.

2, HRC No381/SM•-7O/O9 to 413/SM402/09 and other connected cases:

The Commission received complaints from the Secretary, Karnataka Muslim Parishath, M/s.SICHREM, Sri. Siddalingegowda, Sri. Gowthaman flied complaints regarding the attack by the members of a fundamentalist outfit called Sri. Ram Sene on the customers of the Pub at Woodside Hotel complex on Balmatta Road in Mangalore city on 24.01.2009. The Commission had also suo-rnoto registered the case after the incident was reported in the press. As per the reports published in the pres, the attack was carried out against the customers of the Pub and inmates of the house on the ground that they were drink dig and indulging in dance and such acts are against the tenets of Hinduism. It was also reported that the customers included young boys and girls and many of them were severely beaten by the members of Sri. Ram Sene and some of the female customers were molested. The Commission directed the Chief Secretary, Government of Karnataka and the Director General & Inspector General of Police, Bangalore to submit their response and the report with regard to the incidence of attack. The Director General & Inspector General of Police, Bangalore gave his report on 08.04.2009. In the report it was stated that as many as 27 persons were arrested in the course of investigation and they were produced before the jurisdictional court and they were released on conditional bail by the court. It was also stated that rowdy sheets have been opened against the accused and security proceedings under Section 107 of Cr.P.C. have also been initiated. The report discloses that the jurisdictional police have set in motion criminal proceedings against the accused. The Commission in its order refeiTed to several observations made by the Commission in the past dealing with instances of moral policing in the State. The Commission felt

50 Fourth Armual Repurt 2010-I I that the number of groups of the like Sri. Ram Sene have been indulging in ex-facie illegal activities assuming the role of self-appointed saviours or moral preachers.

The Commission further felt that the Indian society is not anarchy, on the other hand, it is a secular republic governed by written Constitution and large number of public laws. The Commission felt that the incident on 24.0 1.2009 was a terrible and ghastly incident and the State should wake up and do everything at its command to root out groups like Sri. Ram Sene, lest the people will loose faith in democracy and the Rule of Law. The letter of the Chief Secretary and the report of the Director General and inspector General of Police are quite silent about the queries made by the Commission while calling for reports. The Commission directed to Chief Secretary to the Government to send a detailed report with regard to the steps and measures taken by the Government and its concerned law enforcing agencies to curb and eradicate instances of moral policing within 15 days. The Commission also advised the Government of Karnataka to issue circular instructions fixing the acccuntability on the police head of each district and the Police Commissioners in the State with regard to moral policing instances occurring within their respective territorial jurisdiction.

The aforesaid cases are disposed of subject to the above observations, directions and recommendations.

PC No.745/JO & other connected cases:

The Commission having taking note, a large number of complaints regarrlin the maintenance of health has issued directions to the State authorities regarding the right to health, the Commission noted the information furnished by the Survey of Knowledge Commission which stated that 6'7% of the expenditure on health services is borne by the people themselves. Commission rioted that there are two Departments of Medical Education, Department of Health and Family Welfare rcnderiug health services. It was also noted that primary health units, Taluk Hospitals are maintained by Zilla Panchayats and in the city area by the local authorities. inspite of these, there are shortage of Doctors, Specialists and other staff, the infrastructure, shortage of medicines, etc. Several complaints have been received by the Commission. The Government has not been able to meet the needs of the people in providing the health services. The Commission therefore recommended the setting up of High Level Committee headed by the Additional Chief Secretary and including Principal Secretary, Rural Development and Panchayat Raj Department, Principal Secretary, Urban Development Department, Principal Secretary, Finance Department, Principal Secretary, Medical Education and Secretary, Health and Family Welfare Department to constanti1y review the requirements and monitor the steps to be taken. The Commission recommended that necessary reports should be submitted within one month as per Section 18(e) of the Protection of Human Rights Act 1993. The compliance report is still awaited.

51 Kamataka State Human Rights Commission

4. HRC No.2845/10:

Sri. Syed Patel of Gulbarga District in his complaint stated that in Yalavara Village, Jewargi Taluk, Gulbarga District stones have been put around the drinking water well and the concerned officers are not taking any action. The Commission having taken note of the complaint referred the matter to the Chief Executive Officer, Zilla Panchayat, Gulbarga who submitted his report after getting the same from the Taluk Panchayat Executive Officer, Jewargi.

After perusing the report and the comments of the Complainant, the Commission felt that fundamental human rights are violated by putting stones around the drinking water well and therefore instructed the Chief Executive Officer, Zilla Panchayat, Gulbarga to take immediate necessary action to remove the obstacles and report the matter within a period of one month as per Section 18(e) of the Protection of Human Rights Act 1993. The compliance report is still awaited.

5. HRC No.2069/10 and connected cases:

Sri. M.D. Chandrashekar, Former President, Central Relief Committee, in his complaint stated that in the Footpath of Jalahalli HMT Colony road, a concrete bench installed by the Bruhat Bangalore Mahanagara Palike fell and Diganth, 1 Y2 year child who was grandson of the complainant is died because of the accident. It has also been reported in the various newspapers. The father of the child Sri. B.C. Adarsh is also mentioned about the incident. The Commission directed the Commissioner, Bruhat Bangalore Mahanagara Palike to give his report and also to take necessary action for those officers who are negligent and also to inform any relief has been provided to the members of the family. It was reported by the Special Commissioner, BBMP that this cement bench has been installed 8 years ago when Sri. Narayanaswamy was Mayor of the Bangalore. It was stated that those present at the place of incident that this accident was occurred because of the negligence of the father of the child and because of this no relief has been granted and no action has been taken against the officials of the BBMP. Sri. M.D. Chandrashekar, the Complainant filed his comments stating that the BBMP is responsible for the accident and they have given a false report.

The Commission after perusing the complaint, the report and the comments felt that this bench has to be kept in proper condition by the BBMP. The Commission did not agree with the report that such a heavy cement bench has fallen only by negligence in sitting on it and therefore, did not agree with the report and recommended to BBMP Commissioner to pay a compensation of Rs.3.00 lakhs to the parents of the diseased child and also to take a departmental enquiry against the officers of the BBMP for dereliction of the duty and such report should be furnished within a period of one month as per Section 18(e) of the Protection of Human Rights Act 1993. The compliance report is still awaited.

52 Fourth Annual Report 20 10-11

6. HRC No.6889/09:

Sri. Marasandra Muniyappa, the State President, Bahujana Samaja Party of Karnataka and Former MLA & Member of Executive Committee of Bahujana Samaja Party Sri. Syed Julpikar Hasmi of Bidar District in their complaint referred to the kidnapping of Muslim girls. It was stated in the complaint that Sri. Fayaz Khan, brother of Sri. Ayaz Khan had brought girls of younger age to Bangalore and had not given education, but have kept them illegally with himself and even though on the compliant Bidar police is registered in Crime No.98/09, the main Accused Ayaz Khan and his brother Fayaz Khan have left out because of the support of Member of Parliament Sri. Dharmasingh and Congress MLA Sri. Raheem Khan. The Commission having note of this complaint called for a report from Superintendent of Police, Bidar District who reported that this incident has been registered a complaint in Bidar City Station and investigation is conducted impartial. When this report was sent to complainants for their comments, they did not agree that the police have not conducted the investigation impartial. The matter was referred to the IGP of the Commission to hold an enquiry and submit a report. The investigation wing of the Commission after conducting investigation into the case came to the conclusion that Sri. Ayaz Khan and Fayaz Khan had kept muslim girls in illegal detention and have given physical and mental torture to them and therefore recommended along with that if there is sexual assault to them it has to be complained to the jurisdiction police station. The Commission after perusing the report, instructed the IGP, Guibarga Range to get the matter investigated by a senior police officer and if the allegations are proved to take action as per law. The Commission also directed that the report should be submitted to the Commission within a period of one month. The IGP, Gulbarga Range is still to submit the compliance report.

7. HRC No.6530/SM-1954/09:

Karnataka State Human Rights Commission having taken note of appointments of certain staff particularly who are Group-D and Drivers on the basis of Outsource Method in Government Departments and Institutions registered the case suo-moto and requested the Chief Secretary to Government to provide particulars. Principal Secretary (Administrative Reforms), Department of Personnel and Administrative Reforms has submitted the report on behalf of the Chief Secretary, GOK. The Commission had raised following issues.

1) When did the system of making appointments by outsource method was brought into force and what is its background?

2) Whether there is any Government Order for appointments by outsource method or guidelines, policy and rules framed by the Government? In case if there are Government orders, the copies of the same make be provided.

53 Karnataka State Human Rights Commission

3) What is the salary fixed for those appointed on outsource method to the agencies and what salary is actually given to the employees by such agencies?

The Principal Secretary (Administrative Reforms), DPAR furnished the replies for all the three queries raised by the Commission. It was clarified that this practice of making appointments on contract basis by outsource method was brought into force from the year 2000. He has also furnished the Government orders issued by the Department of Personnel and Administrative Reforms as well as Finance Department and also stated that a committee under the Chairmanship of Additional Chief Secretary was formed to consider abolition of 80% of vacant posts of Group 'D' and Drivers. This committee of officers made recommendation for appointment of the staff from outsource method in the Government Departments. The first recommendation was in the category of Drivers and Group 'D' post and the present vacant posts and posts that are going to be vacant in future would be filled up only by outsource method. In order to fill up by these posts through outsource method, the Finance Department should make necessary provisions in the head of contingencies of the budget for the proposals to be submitted by the different departments.

Regarding the 2nd issue raised by the Commission, the Government has furnished the Government Order issued by the Labour Department No.LD 106 R&I 2000, but the full copy of the order is not furnished. The gist of ihe order is security guard and cleaning staff should be appointed on the basis of contract. The Department of Personnel and Administrative Reforms has defined Karnataka Transparency Public Procurement Rules, 1999 under Section 2(f) 'Services' and these services consists in the discharge of the duties and includes even the construction work.

It is noted that the post of Drivers and Group-'D' which were vacant on 2000 and those which are going to arise in future should be filled up by outsource method. The Commission noted that the salary given in outsource method is far less than the salary fixed by the Government. Keeping the orders of the various courts in view the Full Bench of the Commission passed the orders on the issue. Sri. B. Parthasarathy, Member of the Commission made eight recommendations to the Government in a 17 pages order on behalf of the Full Bench.

1) The Government should change its attitude that it is not the principal employer if it takes the services of anybody by outsource method. Even if any department has taken any one's service by outsource method, the department or the institution becomes the principal employer as per principles of natural justice. The Government should examine this issue in detail and take a proper decision. Government should leave the habit of taking people indirectly and obtaining direct service for the simple reason they may demand for regularization of the services.

2) Govermnent from time to time appoints Pay Commission to review the pay and allowances of its employees. 6th Pay Commission report has

54 Fourth Annual Report 2010-11

come into force in case of Government of India and the State Government has brought into force the 5th Pay Commission. The Government may consider referring this issue whether to take services on outsource method or make direct appointment to the consideration of the Pay Commission to examine the matter in detail and furnish his views. In case of the Government feels that Pay Commission is only for those in Government service, a High Level Committee consisting of experts in service matter to study the matter and make necessary recommendations may be appointed.

3) Any new Department created by the Government or statutory or constitutional authority created all other institutions should have Cadre & Recruitment Rules fixing the cadre strength as per needs for each category.

4) Whenever any new department or institution is created necessary arrangements have to be made to frame Cadre & Recruitment for the appointment of staff within one year of forming such department or institution.

5) As a temporary measure till Government considers those recommendations the minimum pay along with allowances should be provided to those who are appointed by outsource method. For example: the maximum pay for Group-'D' employee is Rs.4,800/- by outsource method, but including allowances a regular employee at the beginning of service gets Rs.8,660/-. The Government should at least provide the pay and allowances given to the permanent employees to those who are appointed on outsource method.

6) The Chief Secretary to Government should constitute a committee of officers to examine these recommendations and furnish their view to the Government for implementation of recommendations.

7) The Government which has accepted the principle equal work for equal pay should take a decision to give the salary given to a permanent employee to those who are working on contract and outsource method. There is no security of service and pension to those who are appointed by outsource method. If the Government in its wisdom decides to appoint by only outsource method, it should give the pay which is equal to those who are regularly appointed. For example: the drivers pay by outsource and contract method is Rs.5,800, but including allowances the total salary is Rs. 10,423 for those appointed regularly. At least this pay has to be given to those who are appointed by outsource method.

8) As mentioned above the Group-'C' & 'D' category employees when they are appointed by outsource method or contract do not get pension

55 Karnataka State Human Rights Commission

and retirement benefits. Therefore, at least they should be given the pay which is equivalent to those who are regularly appointed.

In the view of the Commission those who are working in the lower levels in the Government should be given social justice and with that view these recommendations have been made. It is the considered opinion of the Commission that to obtain services there should be permanent arrangement. If permanent arrangements are not made they will not get service security and thereby are liable for exploitation. The Government being an ideal employer should consider these points seriously and see that it does not give an impression that it exploits those who are rendering service at lower levels in Government Departments and Institutions and with that view these recommendations have been made.

The compliance report has been furnished by the Principal Secretary, Department of Personnel and Administrative Reforms (Administrative Reforms) and the said report is under consideration of the Commission.

Some of the important cases which were taken up as Suo-Motu cases are as follows:

1) Illegal detention by Police Officers 2) Suicidal deaths of Post-Graduate students 3) Contamination of water. 4) Unhygienic conditions / non-clearance of garbages 5) Accidental deaths of construction labourers 6) Collapses of buildings both old and under construction 7) Street dogs menace 8) Inhuman and brutal torture of arrestees in the police station. 9) Lift crashes leading to death of construction workers 10) Unnatural deaths in amusement parks 11) Sound and Air Pollution cases 12) Minor / Gang rape cases 13) Collapse of dilapidated school buildings, etc. 14) Encroachment of Government lands, seabeds, etc. 15) Instances of ragging in educational institutions and moral policing. 16) Attacks on places of worship by fundamentalist groups.

56 Fourth Annual Report 2010-11

STATEMENT SHOWING DISTRICTWISE RECEIPTS, DISPOSALS AND PENDENCY OF COMPLAINTS DURING FROM APRIL 2010 TO MARCH 2011 (2010— 11)

Complaints Complaints Complaints Pending received Total disposal Si. Name of the pending as as on from April- of 3 & from April- No. Districts on 31.03.10 31.03.11 10 to Mar- 4 10 to Mar- (09-10) (2010-11) 11 (2010-11) 11 (2010-11) 1 2 3 4 5 6 7 1. Bangalore Urban 2053 2986 5039 4362 677 2. Bangalore Rural 226 140 366 68 298 3. Bellary 406 278 684 142 542 4. Belgaum 304 318 622 152 470 5. Bagalkote 155 125 280 72 208 6. Bijapur 251 220 471 123 348 7. Bidar 82 117 199 70 129 8. Chitradurga 112 141 253 67 186 9. Chikmagalur 155 136 291 63 228 10. Chikkaballapur 98 107 205 33 172 11. Chamarajanagar 94 74 168 35 133 12. Davanagere 169 147 316 110 206 13. Dharwad 193 202 395 105 290 14. DakshmaKannada 506 340 846 253 593 15. Gadag 70 55 125 41 84 16. Gulbarga 215 206 421 99 322 17. Hassan 186 183 369 106 263 18. Haven 91 128 219 63 156 19. Kolar 149 166 315 67 248 20. Koppal 58 77 135 51 84 21. Kodagu 72 81 153 37 116 22. Mysore 406 556 962 245 717 23. Mandya 130 164 294 91 203 24. Raichur 98 112 210 67 143 25. Ramanagar 254 169 423 97 326 26. Shimoga 203 439 642 154 488 27. Tumkur 285 488 773 219 554 28. Uttarakamiada 614 343 957 237 720 29. Udupi 165 182 347 116 231 30. Yadgir 0 30 30 30 -- Total 7800 8710 16510 7375 9135

57 Kamataka State Human Rights Commission

STATEMENT SHOWING THE NUMBER OF COMPLAINTS / CASES REGISTERED, DISPOSED OF AND PENDING DURING THE MONTHS APRIL 2010 TO MARCH 2011 (GENERAL COMPLAINTS FROM PUBLIC & NGOs)

No. of No. of complaints disposed off by: No. of Total No. compi complaints of compl No. of aints pending Total FB-I DB-I DB-II (2+3) SB-I SB-I! SB-Ill aints compi (0/B) regist [E] on the last of 1 disposed aints ered day of & 2 off (Total pending during previous Prly. Consd. Prly. Consd. Prly. Consd. Prly. Consd. Prly. Consd. Prly. Consd. of 4 to (3-14) the month Stage Order Stage Order Stage Order Stage Order Stage Order Stage Order 13) month Month 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 April-10 4741 651 5392 -- 08 -- -- 01 02 177 -- 62 61 88 93 492 4900 May-10 4900 532 5432 ------01 07 20 01 62 54 72 90 307 5125 June-10 5125 689 5814 ------10 02 07 34 -- 74 56 95 46 324 5490 July-10 5490 759 6249 -- 24 ------22 168 33 107 15 160 91 620 5629 Aug-10 5629 520 6149 -- 208 -- -- 02 19 74 14 70 84 61 107 639 5510 Sept-10 5510 602 6112 -- 09 -- -- 01 14 102 08 90 70 96 238 628 5484 Oct-10 5484 455 5939 -- 36 -- 02 02 21 59 08 63 104 48 164 507 5432 Nov-10 5432 416 5848 ------01 01 31 05 69 93 76 156 432 5416 Dec-10 5416 665 6081 ------08 21 06 111 52 117 125 440 5641 Jan-li 5641 513 6154 ------01 02 34 03 102 45 93 216 496 5658 Feb-11 5658 704 6362 ------01 -- 01 25 21 102 35 113 106 404 5957 Mar-11 5957 614 6571 ------02 02 25 02 115 40 107 149 442 6129 Total 7120 -- 285 -- 13 13 106 770 101 1027 709 1126 1581 5731 Total Receipts & Disposals 285 13 119 871 1736 2707

58 Fourth Annual Report 2010-11

STATEMENT SHOWING THE NUMBER OF COMPLAINTS / CASES REGISTERED, DISPOSED OF AND PENDING DURING THE MONTHS APRIL 2010 TO MARCH 2011 (SUO-MOTU TAKEN UP CASES)

No. of complaints disposed off by: Total No. of No. of complaints No. of rl+2-1 No. of FB-I DII-! DB-II (2+3) SB-I SB-I! SB-I!! compl pending complaints Total compl (0/B) L1J aints on the last registered of 1 aints disposed day of during the & 2 pending Prly. Consd. Prly. Consd. Prly. Consd. Prly. Consd. Prly. Consd. Prly. Consd. off previous month (3-14) Stage Order Stage Order Stage Order Stage Order Stage Order Stage Order (Total of month 4 to 13) Month 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 April-10 3059 178 3237 -- 25 ------11 02 09 -- 02 -- 03 52 3185 May-10 3185 198 3383 ------01 -- 06 -- 11 -- 02 20 3363 June-10 3363 157 3520 ------12 -- 05 17 3503 July-10 3503 59 3562 -- 258 ------37 -- 664 -- 06 -- 03 968 2594 Aug-10 2594 342 2936 -- 50 ------12 -- 13 -- 13 -- 06 94 2842 Sept-10 2842 127 2969 ------05 ------06 -- 04 15 2954 Oct-10 2954 43 2997 -- 61 ------14 -- 06 -- 04 -- 10 95 2902 Nov-10 2902 79 2981 ------02 -- -- 02 2979 Dec-10 2979 90 3069 ------01 -- 04 ------06 11 3058 Jan-11 3058 144 3202 ------04 -- 20 -- 01 -- 03 28 3174 Feb-11 3174 79 3253 ------167 ------05 172 3082 Mar-11 3082 94 3176 ------167 -- 01 -- 02 170 3006 Total 1590 -- 394 ------85 02 1056 -- 58 -- 49 1644 Total Receipts & Disposals 394 -- 85 1058 58 49

59 Karnataka State Human Rights Commission

STATEMENT SHOWING THE NUMBER OF COMPLAINTS / CASES REGISTERED, DISPOSED OF AND PENDING DURING THE MONTHS APRIL 2010 TO MARCH 2011 (CONSOLIDATED STATEMENT OF RECEIPTS AND DISPOSALS)

No. of No. of complaints disposed off by: Total No. complaints No. of No. of of compl pending complaints Total FB-I DB-I DB-H (2+3) SB-I SB-Il SB-Ill compi (0/B) _i3j aints on the last registered of 1 aints disposed day of during the & 2 pending Prly. Consd. Prly. Consd. Prly. Consd. Prly. Consd. Prly. Consd. Prly. Consd. off (Total previous month (3-14) Stage Order Stage Order Stage Order Stage Order Stage Order Stage Order of 4 to 13) month Month 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 April-10 7800 829 8629 -- 33 -- -- 01 13 179 09 62 63 88 96 544 8085 May-10 8085 730 8815 ------01 08 20 07 62 65 72 92 327 8488 June-10 8488 846 9334 ------10 02 07 34 -- 74 68 95 51 341 8993 July-10 8993 818 9811 -- 282 ------59 168 697 107 21 160 94 1588 8223 Aug-10 8223 862 9085 -- 258 -- -- 02 31 74 27 70 97 61 113 733 8352 Sept-10 8352 729 9081 -- 09 -- -- 01 19 102 08 90 76 96 242 643 8438 Oct-10 8438 498 8936 -- 97 -- 02 02 35 59 14 63 108 48 174 602 8334 Nov-10 8334 495 8829 ------01 01 31 05 69 95 76 156 434 8395 Dec-10 8395 755 9150 ------09 21 10 111 52 117 131 451 8699 Jan-11 8699 657 9356 ------01 06 34 23 102 46 93 219 524 8832 Feb-11 8832 783 9615 ------01 -- 01 25 188 102 35 113 111 576 9039 Mar-11 9039 708 9747 ------02 02 25 169 115 41 107 151 612 9135 Total 8710 -- 679 -- 13 13 191 772 1157 1027 767 1126 1630 7375 Total Receipts & Disposals 679 13 204 1929 1794 2756

60 DT. I 4 t •;• L11 •*j -zJ - Fourth Annual Report 2010-11

ABSTRACT

Total Receipts and Disposals during 2010-11

Receipts Disposals Pending Complaints registered during 2010-11 Complaints disposed off during 2010-11 Total pending Pending as on Total Total as on 31.3.2011 General Suo-Motu General Suo-Motu Pending 31.3.2010 (1+2) (4+5) (7+8) 1 2 3 4 5 6 7 8 9 7120 1590 8710 5731 1644 7375 * Gen- 1389 4741 6130 **SM - 54 3059 3005 Total 1335 7800 9135 * (1-4=xxx) ** (2-5=xxx)

Note: Since the disposals are more than the receipts, 54 complaints were deducted from the pending suo-moto cases as on 31.03.2011, i.e. 3059-54=3005.

61 Kamataka State Human Rights Commission

TVSTIGATJON WING:

The Invetiahon Div hs been established to conduct enquiry and investigate the cases efen ed the Commission and fuiictions under the direction and supervision of the Commission, The Investigation Division had also organized work shops for creaung ava ness about the Human Rights for the police personnel and officers of ftc prisons departments. The GovenmTent in its order No.LAW 20 LAG 2005 dated 2$06,200 ias created following posts for the investigation division.

• No of Oesigr;on of the N posts 1. inspcofir General of Police 1 2. Deputy Superintendent of Police 2 3. Section superintendent 1 4. First Division Assistant 1 5. Stenographers 2 6. Head constables 2 7. Police constables (Civil) 2 8. Typist 1 9. Drivers HCs / PCs 3 10. APC (Orderlies) 4 11. Dalayaths 7

These posts were ëreated much before the Commission came into existence. After Commission came into existence and Inspect'r General of Police who was posted to the Commission has worked out the detaii ysment of the police personnel and furnished the same to the State Government. The State Government by

its order and No.LAW 17 HRC 2010 dated 10.06.2010 has sanctioned crn pit of Deputy Superintendent of Police, two posts of Police Sub-Inspectors, three posts of Head Constables and five posts of Police Constables/Women Police Constables. With this the existing posts sanctioned and the posts that are filled up and the vacancies are as follows:

62 Fourth Annual Report 20 10-11

Si. . . Sanctioned Filled Vacant Designation of the Post No. post up post post 1 Inspector General of Police 1 1 -- 2 Deputy Superintendent of Police 2 2 -- 3 Sub-Inspector of Police 2 2 - 4 Civil Head Constable 5 4 1 5 Civil Police 'Constable / Women 7 7 -- Police Constable 6 Armed Police Constable (orderly) 4 4 -- 7 Drivers (Armed Head Constable! 3 2 1 Armed Police Constable) 8 Section Superintendent 1 1 -- 9 First Division Assistant 1 -- I 10 Stenographers 2 2 11. Typists 1 -- 1 12. Dalayath 7 5 2 Total 36 30 06 Note: 1) One post of driver is vacant and Sri. Shankar is working on contract basis. 2) The vacant post of FDA is filled up on contract basis and the incumbent is working in the Administrative Section. 3) Out of 7 posts of Dalayath, 5 posts are filled up and 2 poGts are vacant. Among the filled up posts 3 are working in the other sections of the Commission.

In the meanwhile, the Inspector General of Police attached to the Commission has submitted a revised proposal when the work study team of DPAR visited the Commission. It may kindly be noted that the Investigation Division is an important division of the Commission and therefore, it has to be strengthened to protect Human Rights. It has been the experience of the Commission that whenever reports are called for on the complaints, the complaints have been referred to the jurisdiction police officers against whom the complaints have been made. Therefore, there is a need for the creation of a strong investigation division to work under direction and control of the Commission.

As mentioned earlier the Commission has sent revised proposals for sanction of the following posts:

63 Kamataka State Human Rights Commission

THE DETAILS OF POSTS TO BE CREATED FOR THE SIX REGIONAL OFFICES FOR THE INVESTIGATION WING OF KSHRC

Si. Post Total Posts No 1 Superintendent of Police 06 2 Deputy Superintendent of Police 12 3 Police Inspector 12 4 Police Sub-Inspector 24 5 Civil Head Constable 24 6 Civil Police Constable 48 7 Women Police Constable 12 8 Armed Head Constable / Arme! Prflc 3) Constable (Driver) 9 Armed Police Constable 24 10 Stenographers 06 11 Computer Operator / Typists 06 12 Attenders 06 Total Posts 210 Fourth Annual Report 2010-11 Southern Range, Northern Range and Central Range, Bangalore Western Range, Mysore and COP Eastern Range, COP Hubli-Dharwad North-Eastern, (Districts: Bangalore, Kolar, Mangalore (Districts: Mysore (Districts: Da'anagere (Districts: (Districts: Belgaum, Gulbarga (Districts: KGF, Tumkur, Ramanagar, Dakshina Kannada, Mysore, Mandya, Chitradurga, Shimoga, Dharwad Bijapur, Gulbarga, Raichur, Cliikkaballapur & Uttara Kannada, Hassan, Kodagu, Bellary, Davanagere) Bagalkot, Cadag, Bidar, Koppal) Bangalore) Chikkamagalur, Udupi) Chamaraj anaar) Haven) SL Si. Si. Si. Si. SI. Post Nos Post Nos Post Nos. Post Nos. Post Nos. Post Nos. No. No. No. No No No. S.P.:- S.P.:- I S.P.:- 1 S.P.:- 1 S.P.:- 1 I S.P.:- 1 i 1 1 1 Steno 1 Steno 1 Steno 1 1 Steno 1 1 Steno 1 1 Steno 1 1 AHC 1 AHC 1 AHC 1 AHC 1 ARC I AHC 1 Driver Driver Driver Driver Driver Driver 2 2 2 2 2 2 APC 2 APC 2 APC 2 - APC 2 APC 2 APC 2 Dalayath 1 Dalayath 1 Dalayath 1 Dalayath 1 Dalayath 1 Dalayath 1 Comp. 1 Comp. 1 Comp. 1 Comp. 1 Comp. 1 Comp. 1 Operator Operator Operator Operator Operator Operator D.S.P.:- 2 D.S.P.:- 2 D.S.P.:- 2 II D.S,P,:- 2 D.S.P.:- 2 D.S,P.: - 2 II APC 2 APC 2 APC 2 APC 2 APC 2 APC 2 Driver Driver Driver Driver Driver Driver 1 1 1 1 1 1 2 APC 2 APC 2 2 APC 2 2 APC 2 2 APC 2 2 APC 2 2 CHC 2 CHC 2 CHC 2 CHC 2 CHC 2 CHC 2 CPC 6 CPC 6 CPC 6 CPC 6 CPC 6 CPC 6 WPC 2 WPC 2 WPC 2 WPC 2 WPC 2 WPC 2 2 P.!.:- 2 P.1.:- 2 111 P.1.:- 2 III P.1.:- 2 P.1.:- 2 P.!.:- III III APC 2 APC 2 APC 2 APC 2 APC 2 APC 2 Driver Driver Driver Driver Driver Driver 1 1 1 1 1 1 4 2 PSI 2 PSI 4 2 " 2 PSI 2 2 CHC 2 CHC 2 CHC 2 CHC 2 CRC 2 CHC 2 CPC 2 CPC 2 CPC 2 CPC 2 CPC 2 CPC 2

TOTAL 35 TOTAL • 35 TOTAL 35 TOTAL 35 TOTAL 35 TOTAL 35

65 Kamataka State Human Rights Commission

One vehicle Hundai Verna has been provided to the IGP and one Tata Sumo has been provided to the Dy.S.P. and one two wtteeler nas been provlaea w investigation division for serving nofices. The investigation division has requested for space and infrastructure facilities and since the space has been provided by the Government recently, necessary action would be take provd sutmii't vaiiabie space to the investigation division, The Commission has requested. the Government to provide funds for purchase of additional vehicles to the investigation division. The Investigation Division has requested for providing one Scorpio, two Bolero two Pulsar (two wheeler) and five other two wheelers. During the year 2010-11 a total of 208 cases were referred to the Investigation Division and including the case that were referred in the previous year, the total number of cases come to 261. Out of which 227 cases investigation has been completed and necessary reports have been submitted to the Commission. The balance pending is 34 cases. The month wise details are given below.

Reports Received the submitted from Pending cases Si• cases from 01.04.2011 to Month & year as on No. 01.04.2011 to 31.03.2011 31.03.2011 31.032011 (including previous cases) 1. April-2010 31 18 -- 2. May-2010 30 16 -- 3. June-2010 19 56 -- 4. July-10 20 20 -- 5. August-10 23 28 -- 6. September-10 12 12 -- 7. October-10 14 18 01 8. November-10 13 19 03 9. December-10 13 34 03 10. January-11 09 20 03 '11. February-il 10 20 10 12. March-11 14 -- 14 Total 208 261 34

66 Fourth Annual Report 2010-li

During the year the investigation division has conducted spot inspections and raids as follows:

Details of Si. . . . , Reasons for inspection / Police station Date Commission s raids No. officer Shankarapuram Police 03.04.2010 Dy.S .P. & staff Smt. Prernavati, Editor, Station Janateerpu weekly 5th HRC No.2428/10 newspaper, No.18, Cross, Azadnagar, Bangalore had complained that her son Sri. Manjunath had been kept in illegal detention in the police station.

2. Devanahalli Police 14.04.20 10 Dy.S.P.& Staff Sri. Marappa, Sb. Station Manjunath, Harijana HRC No.2638/10 Colony, Devanahalli Town his brother Sri. Nandeesh, Doddaiah and others had been kept in Devanahalli police station and were tortured.

3. Karnataka State 21.04.20 10 Dy.S.P.& Staff Sri. Vivekariarida had Human Rights misused the symbol of Parishat, Anandrao State Human Rights Circle, Bangalore Commission and had HRC No.254/10 issuing receipts and thereby cheating the public.

4. Jayanagar Police 03.05.2010 IGP & Staff In a complaint Station M/s.SICHREM, a NGO stated that Jayanagar Police HRC No.3242/10 Station had kept nine persons in illegal detention

5. New Life Center for 29.05.2010 Dy.S.P.& Staff Children affected by Girls, Bharathi Nagar, * drinking contaminated Bangalore water in New Life Center for Girls Organization HRCNo.3855/10

67 Karnataka State Human Rights Commission

6. Soladevanahalli Police 10.06.2010 Dy.S.P.& Staff Smt. Sujata, C/o. Station Shivakumar, Hesaraghatta, HRC No.4202/10 Vinayakanagar, Bangalore had complained that her husband Shivakumar had bee:i kept in illegal detention from 05.06.2010 in Soladevanahalli police station.

7. Balagangadharnatha 28.06.2010 Hon'ble The farmers and former Swamy Hospital, Chairperson, leaders were lathi charge by Bangalore and Central Members and the police and human Prison, Bangalore IGP, Dy.S.P. protestors were ill-treated and staff and thereafter they have HRC No.4571/SM- been arrested and those 1061/10 injured had been admitted in the BGS Hospital and thereafter they have kept in the Central Prison.

8. Jnaiiabharati Police 09.07.2010 Dy.S.P. & staff Sri. Gopal Kamath of Station M/s.Falad Agro Research Foundation Pvt. Ltd., HRC No.4923/10 Bangalore had been taken by the personnel of Jnanabharathi Police Station on a day prior to 01.07.2010 and kept in illegal detention.

9. Jagajeevanramnagar 23.07.2010 Dy.S.P.& Staff Smt. Savita, C/o. Mahendra police station Kumar, No.70, Pillamma HRC No.5305/10 Block, Srirampuram, Bangalore had been kept in illegal detention by Jagaj eevanramnagar police on 22.07.2010

10. Mahalakshmipuram 16.08.2010 Dy.S.P. & staff Sri. Abbaram, Police Station kaj agopalnagar, Bangalore HRC and Sri. Satulal, No.5911&59 12/10 Hegganahalli, Bangalore had complained that Sri. Mahendra Kumar and Sri. Ashok had been kept in

68 Fourth Annual Report 20 10-1 1

illegal detention from 13.08.2010 at Mahalakshmipuram Police Station

11. Destitute 19.08.2010 Hon'ble It was reported in the media Rehabilitation Center / to Chairperson, on 15.08.2010 that inmates Beggars Colony, 21.08.2010 Members and of destitute rehabilitation Magadi Road, IGP, Dy.S.P. center/beggars colony, Bangalore and staff Magadi Road, Bangalore HRC No.5978/SM- died by consuming 1242/10 poisonous food.

12. Hanumanthanagar 09.09.2010 Dy.S.P. & staff Smt. Bhuvaneshwari, C/o. Police Station Marutishankar shetty, HRC No.6690/20 10 No.200, 3rd Main Road, 3rd Cross Road, Bangalore had complained that her son Sri. Srinivas had been kept in Flanumanthanagar Police Station in illegal detention for seven days.

13. Sri. Someshwar 09.09.20 10 Dy.S.P.& Staff It was complained that Temple, Ulsoor, BBMP and other authorities Bangalore were evicting houses and HRC No.6689/20 10 shops which were located near the Shree Someshwar Temple, Ulsoor, Bangalore.

14. Baiyappanahalli 15.09.2010 Dy.S.P.& Staff M/s.SICHREM, a NGO Police Station had complained that one HRCNo.6794/10 Sri. Rajesh, No.151, 5th Cross, 1st Main, B aiyappanahalli, Bangalore had been kept in illegal detention from 13.09.2010 at Baiyappanahalli Police Station.

15. Bruhat Bangalore 23.09.20 10 Dy.S.P.& Staff On the oral instructions of Mahanagar Palike R.H. Raddi, Hon'ble office, Hudson Circle, Member, KSHRC it was Bangalore complained that Dalit Action Committee workers in order to get their

69 Kamataka State Human Rights Commission

demands conceded were pouring dirt themselves at BBMP Office, Hudson Circle, Bangalore.

16. Banaswadi Police 27.09.2010 Dy.S.P.& Staff Sri. M. Murthy, No.171, Station 12th Cross, 'B' Block, 2 Main, B.D.A. Janakiram HRC No.7042/10 Layout, Bangalore-84 had complained that his son Sri. Magendir had been kept in illegal detention by Banaswadi Police Station.

17. Koramangal Police 04.10.2010 Dy.S.P.& Staff Sri. R.M. Ramesh, Sb. Station Muniswamy, Rayasandra Village, Huskur Post, Anekal Taluk, Bangalore had complained that one Sri. Narayan had been kept illegally by Koramangal police station and was tortured.

18. Yelahanka Police 20.11.2010 Dy.S.P.& Staff The complainant Sri. Station Mohan Kumar, Sb. Gangadharappa, Yelahanka HRC No.7938/10 New Town, Bangalore in his complaint had stated that his brother Sri. Ashok Babu had been kept in illegal detention at Yelahanka Police Station.

19. Baiyappanahalli 26.11.2010 Dy.S.P.& Staff The complainant Sri. Police Station Jagadish Kumar A.M., HRC No.8091/10 Advocate, Ayyappanagar, K.R. Puram, Bangalore in his complaint had stated that one Narayanaswamy, S/o. Krislmappa had kept in illegal detention in Baiyappanahalli police station from 23.11.2010.

70 Fourth Annual Report 2010-11

20. Avalahalli Police 21.12.2010 Dy.S.P.& Staff Smt. Lurdumery, Station, Bangal ore Chikkabasavanapura, District Veergonagar, Bangalore in HRC No.8690/10 her complaint had stated that her husband Muniraju had kept in illegal detention from 18.12.2010 by police sub-inspector and was tortured.

21. Amruthahalli Police 22.12.2010 Dy.S.P.& Staff Sri. Prakash Karyappa, Station SICHREM, Bangalore in HRC No.8737/10 his complaint stated that Sri. Manikantan and Gopi, PSI, Amruthahalli Police Station kept Srinivas & Others in illegal detention in the lockup and has given mental torture. 22. Yelahanka Police 18.01.2011 Dy.S.P.& Staff Sri. Dolaram, Ramesh and Station of Sri. Bhagavan Ram had HRC No.372/il Investigation been kept in illegal Division detention in Yelahanka Police Station. 23. Kengeri Police Station 20.01.2011 Dy.S.P.& Staff Smt. Lakshmi in her HRC No.453/li of complaint had stated that Investigation her brother Sri. T.K. Raju Division had been kept in illegal detention in Kengeri Police Station.

24. Bannerughatta Police 25.01.2011 Dy.S.P.& Staff Smt. Shylaja in her Station of complaint had stated that HRC No.519/li Investigation her husband Sri. Shobhan Division Babu had kept in illegal detention by Bannerughatta Police Station.

25. Jeevanbheemanagar 29.01.2011 Dy.S.P. & It was complained that Sri. Police Station Staff of Murali Kamath had been HRC No.592/li Investigation arrested by Division Jeevanbheemanagar Police Station and no information was given to anybody.

71 Karnataka State Human Rights Commission

26. Baimerughatta 29.01.2011 Hon'ble It was reported that a store HRC No.748/SM- Chairperson, house building which was 152/11 c/w. 767/SM- Members, IGP, under construction collapse 171/11, 776/SM- Registrar, and labourers died. 172/11, 779/SM- Dy.S.P. and 178/11 staff of investigation division

27. Central Prison, 07.02.2011 Dy.S.P. & The complainant Sri. S. Parappana Agrahara, Staff of Kumar stated that his sons Bangalore Investigation are under prisoners in HRC No.801/i 1 Division Parappana Agrahara Central Jail and the jail staff had attacked them. 28. MICO Layout Police 10.02.2011 Dy.S.P. & MICO Police Station had Station Staff of kept Sri. Parveen in illegal HRC No924/1 1 Investigation detention. Division 29. Hennur 17.02.20 11 Hon'ble It was reported that the HRC No.1088/SM- Chairperson, Church at Hennur had been 200/11 to 1095/SM- Members, IGP, attacked by miscreants. 207/11 Registrar, Dy.S.P. and staff of investigation division 30. Central Crime Branch 19.02.2011 Dy.S.P. & Smt. Doddamma had HRC No.1112/il Staff of complained that the CCB Investigation police had arrested her Division children and tortured them. 31. Halasur Police Station 25.02.2011 Dy.S.P. & It was complained by HRC No.1322/li Staff of Ramsingh that his brother Investigation Tejsingh had kept in illegal Division detention in Halasur Police Station. 32. Hulimavu Police 07.03.2011 lOP, Dy.S.P. Sri. Thimmachar and Sri. Station and staff of Srinivas had complained HRC No.1518/li investigation that Sirinity Rehabilitation division Center had kept them in illegal and were given mental and physical tortured.

72 Fourth Annual Report 2010-11

33. Mahadevapura Police 26.03.2011 Dy.S.P. & Sri. Prashanth Sahu in his Station Staff of complaint had stated that HRC No.1998/li Investigation his brother Sri. Pradeep Division Sahu had kept in illegal detention in Mahadevapur Police Station.

34. Kengeri Police Station 29.03.20 11 Dy.S.P. & Smt. Zeenat Banu had HRC No.1998/il Staff of complained that her son Investigation Siddiq Pesh Mubaraq had Division been kept in illegal detention by Kengeri Police Station.

35. Sumanahalli 31.03.2011 Hon'ble The place where Rehabilitation Center Chairperson, Bagegowda layout HRC No.4125/li Members, IGP, residents have lost their Registrar, houses because all the Dy.S.P. and action of KIADB. staff of investigation division

Spot Inspection and Raids are conducted are as follows:

Si. No. Month No. of cases 1. April 03 2. May 02 3. June 02 4. July 02 5. August 02 6. September 05 7. October 01 8. November 02 9. December 02 10. January 05 11. February 05 12. March 04 Total 35

73 Kamataka State Human Rights Commission

THE STATUS OF THE CASES AS AT THE END OF MARCH 2011 REPORTED IN THE ANNUAL REPORT 2007-08

1. HRC.16/C.R./2007 Dt.29.09.07 (HRC/16/IGPI2007-08)

A complaint has been given to the Commission by Sri. Prem Kumar, Sb. Chikkagundu, C/o.Sri. Swamy, Mugunur Colony, Malavalli Taluk, Mandya District stating that the officers and staff of Nanjangud Police Station have tortured and harassed him. The Commission has asked the inspection wing to conduct enquiry and report. The inspection wing has personally visited Nanjangud Police Station to conduct enquiry of the concerned officers and staff and recorded the statements of the concerned officers and staff and the complainant after enquiring them. The complainant has mentioned the names of some witnesses and the enquiry report after finding out their addresses and visiting that place.

The Final Orders have been passed on 07.08.2009 recommending to the Government of Karnataka in Home Department to pay a sum of Rs.50,000I- as compensation to Sri. Premkumar which amount could be recovered frccm the police personnel responsible for causing injuries to Sri. Premkumar. The compliance report is awaited.

2. HRC.49/2007 Dt.29.9.07 (HRC/12/SHO.5A12007-08)

A complaint was made by Smt. Zahera Bi, W/o. Dasthagiri Sab that her son Fiaz was tortured by the staff of Basaveswaranagara Police Station and the Commission asked the investigation wing to conduct enquiry and report. The investigation wing has recorded the statements of Riyaz Sb. Dasthagiri Sab on 5.12.2007 and Smt. Zaherabi on 6.12.2007 and received the medical report given by the doctors from YasufAli, their Counsel on 24.12.2007.

The case has since been disposed by the Full Bench of the Commission on 08.09.20 10 stating that no violation of Human Rights was taken place.

THE STATUS OF THE CASES AS AT THE END OF MARCH 2011 REPORTED IN THE ANNUAL REPORT 2008-09

1. HRC.647/SM/46/2008 Dt.28.02.2008 (HRC/IGP /2/2008 Dt.28.02.2008)

The investigation wing of the Commission visited Government Bala Mandir, Women & Child Welfare Department, Hosur Road, Bangalore on 28.2.2008 & 29.2.2008 and enquired the Supervisor of the Institute. It has come

74 Fourth Annual Report 20 10-11

to the notice that many children of outside States were unauthorisedly kept without rehabilitating them and without sending them to their respective States.

The Commission directed the Principal Secretary of the Home Department to find out the officers who were directly or indirectly responsible to the delay in sending 42 boys and 3 girls to their parents and awarded the following compensation:

(a) If the delay is for one year or above one year — Rs. 15,000 (b) If the delay is six months or above six months or less than one year — Rs. 10,000 (c) If the delay less than six months — Rs.5,000

Although fmal orders have been passed on 24.06.2008 the Principal Secretary, of the Home Department has not sent the compliance report.

2. HRC No.194/2008, Dt. 19.05.2008 (HRC/IGP/13/2008, Dt. 29.05.2008)

Sri. B. Ramachari, Complainant has alleged the Police Sub-Inspector of Doddaballapur Town Police Station and Chamarajapete Police Station Police Sub- Inspector, Bangalore have uimecessarily manhandled the Gold and Silver merchants and other workers. The Inspector General of Police of the Commission conducted the enquiry and found that two P.S.I. had given contradictory statements and has recommended for taking action against them. Since, action has been proposed in the investigation report and an opportunilLy has been given to the concerned police officers and one of them had submitted his statement.

The Single Bench-Ill has passed final order on 17.07.2009 and compliance report is not received from the Director General of Police, Karnataka State.

3. HRC No.120/2007, Dt. 21.07.2008 (HRC/IGP/27/2008, Dt. 23.07.2008)

This is a complaint by Sri. Boraiah, 3C Main, Kamalanagar, Bangalore city stating that his son Jagadeesh Kumar was manhandled on 26.10.2007 by the Police Inspector, Basaveshwaranagar Police Station. After investigation, the investigation wing of the Commission has submitted the final report recommending action against the Police Inspector Sri. B. Shamanna, D.C.P. Sri. Sharath Chandra and A.C.P. Sri. R. Kumarswamy.

The matter has since been disposed on 11.08.2009 by Division Bench-IT recommending for disciplinary action against the Police Inspector Vijayanagar Police Station and awarding compensation of Rs.10,000 to Sri. Sadhashiva Murthy.

75 Kamataka State Human Rights Commission

The Commissioner of Police has ordered necessary disciplinary action against the concerned police officers. Regarding the payment of compensation, compliance report is awaited.

4. HRC No.2557/SM-458/2008, Dt. 08.08.2008 (HRC/IGP/32/2008, Dt. 12.08.2008)

It has been complained that Police Inspector, Hanumantanagar Police Station and his staff illegally detained Kiran and others and same was referred to investigation division of the Commission. When the investigation division raided Hanumantanagar Police Station, Kiran, Anthony Siril and Suresh were found having been illegally detained violating the orders of the Hon'ble Supreme Court of India. The investigation division has recommended suitable action against P.1. Sri. Vasudev Nayak and his staff

After completion of enquiry, the final order has been passed on 04.10.2010 stating that no violation of Human Rights was taken place.

5. HRC No.2686/2008, Dt. 16.08.2008 (HRC/IGP/33/2008, Dt. 23.08.2008)

This is a complaint against High Grounds Police Inspector Sri.Lokeshwar and his staff by Smt. Syed Hafeez All stating that the above mentioned police officer and his staff raided their hotel and manhandled their staff as well as the owner. The investigation division of the Commission has found that P.1. Sri. Lokeshwar and P.S.I. Lakshmidevi have manhandled the hotel owner and his staff and they have corrected the station's diary and not followed the orders of the Hon'ble Supreme Court of the India.

The case has since been disposed on 04.10.2010 holding no violation of Human Rights was taken place.

6. HRC No.2838/08, Dt. 02.09.2008 (HRC/IGP/43/2008, Dt. 10.09.2008)

This is a complaint by Sri. Prakash Kaiyappa of SICHREM that C.C.B. police have tortured mentally and physically one Arun Kumar by keeping in an illegal detention. The matter has been investigated and the report furnished to the Commission.

Final orders have been passed on 05.08.2009 awarding Rs.1.00 lakh compensation to Sri. Arun Kumar. The compensation has since been paid on 11.02.2010, but whether the departmental enquiry as recommended by the Commission has been initiated has not been reported by the Commissioner of Police, Bangalore city.

76 Fourth Annual Report 2010-11.

7. HRC No.965/2008: (IGP/HRC/5/2008, Dt. 31.03.2008)

On the direction of the Commission, the Investigation Wing of the Commission visited the Central Prison, Parappana Agrahara on 02.04.2008 and found that some of the under trial prisoners in Parappana Agrahara Central Jail were less than 18 years of age.

Final orders have been passed on 01.03.2010 directing the Addi. Chief Secretary and Principal Secretary to the Government, Home Department to pay a sum of Rs.10,000/- as compensation for violation of human rights of the children to the parents of each of the 20 accused juveniles which are mentioned in the report of the Inspector General of Police, KSHRC. It was also further directed that IGP, KSHRC directed to furnish the copies of all the depositions recorded by the investigation wing of the Commission in the course of the enquiry to the Director General and Inspector General of Police, Government of Karnataka for his reference. The compliance report is still awaited.

8. HRC No.4357/2008, Dt. 03.12.2008 (HRC/IGP/74/2008, Dt. 04.12.2008)

Sri. Prakash Kariappa of SICHREM had complained that Indiranagar Police Inspector had illegally detained Sri. Janardhan & his wife Smt. Varalakshmi and harassed them. The investigation division has found Police Inspector Sri. Thorate, A.S.I. Sri. Prem Singh, H.C. Sri. Subramani and P.C. Sri. Harinath Shetty having harassed Sri. Janardhan & his wife and has recommended for disciplinary action.

The case has since been disposed by the Single Bench-Ill on 23.09.2009 directing the Director General and Inspector General of Police, Government of Karnataka to take disciplinary action against police officers who are responsible for keeping Sri. Janardhan and Smt. Varalakshmi under illegal custody and thereby violating their human rights. The compliance report is still awaited.

9. HRC No. 4673/SM-940/2008, Dt. 13.01.2009:

It was reported in the press that a prisoner by name Sri. Bhaskar who had been brought for enquiry to Hanumantanagar Police Station had committed suicide by hanging himself to the fan because of the tortured and manhandling of the police. The Hon'ble Chairperson of the Commission and Inspector General of Police visited the police station and inspected the materials that were there and seized the documents and thereafter, the matter has come up before the Full Bench of the Commission for enquiry.

77 Kamataka State Human Rights Commission

Final order has been passed on 15.10.2010 making four specific recommendations to, the Home Department. The Compliance report is still awaited.

10. HRC No.110/SM-30/CR12009: (IGP/HRC/11/09, Dt. 15.01.2009)

On 15.01.2009 it was widely reported in Kannada and English daily newspapers that one prisoner by name Arun Kumar who was brought to the Frazer Town Police station for enquiry, on 14.01.2009 died while in police custody. The Commission registered a Suo-Motu case and two of the Members of the Commission visited the police station and conducted the enquiry.

Final order has been passed on 01.10.2010 holding the police officers responsible for the incident and the Director General and Inspector General of Police was asked to take departmental enquiry. The compliance report is still awaited.

THE STATUS OF THE CASES AS AT THE END OF MARCH 2011 REPORTED IN THE ANNUAL REPORT 2009-10

1. HRC No.1596/2009, Date: 3-04-2009. (IGP/HRC/44/09 Dated: 24-04-09) 2. HRC No.1627/2009, Date: 6-5-2009 (IGP/HRC/53/09 Dated: 06-05-09)

The complainant U.M. Rafiq has stated in the complaint that his son Master Shahul Ibrahim, aged about 10 years at the relevant point of time, was studying in the 5th Standard at Barry's Public School, Ullala. On 18.03.2009 at about 4.30 p.m. Shahula Ibrahim was returning home on a bicycle after attending the tuition class, while he was riding the bicycle in front of Primary School, Sri. H. Shivaprakash, PSI, came near the boy and started beating him mercilessly without disclosing any reason. On account of the severe beating, Shahul Ibrahim suffered shock and injury and he was rushed to a private hospital for treatment and the boy had his annual examination on 19.03.2009 but on account of this incident he could not attend the examination. The complainant has therefore filed a complaint against Sri. Shivaprakash, PSI of the Ullala Police Station and requested for justice.

Both these complaints have been registered as above and the Inspector General of Police of the Commission was directed to investigate and submit the report. The investigating division has submitted its final report to the Commission on 2 1.05.2009. Both these complaints have been taken together and disposed on 18.11.2009. The Commission has recommended to register a case against the PSI Sri. H. Shivaprakash, Ullala Police Station and refer to the COD and further recommending for taking disciplinary action and shifting him out of Dakshina

78 Fourth Annual Report 2010-11

• Kannada District and further directed that the parents of boy Shahul Ibrahim should be given compensation of Rs.25,000/- for medical expenses and this sum of money may be recovered from the salary of Sri. H. Shivaprakash, PSI.

The Secretary to Government, Home Department has taken action as ordered by the Commission and reported compliance.

3. HRC No.4031/2008, Date: 8-9-2009 IGP/HRC/115/09 Date: 22-9-09

The Complainant Smt. Gangavva F. Galappanavar was working as a Conductor in North-Western Karnataka Road Transport Corporation, Gadag Unit. At that time the Traffic Inspector Sri. Ashwathnarayana Reddy called her to his house and raped her. Thereafter, he has promised to marry her and accordingly he married her in a temple. Later he was transferred to Bangalore Rural Division and married some other girl and thereby cheated the complainant. She therefore complained to the Commission and the case was registered and referred to the investigation division to the Commission and they in turn submitted final report on 05.02.2010 and the case is disposed of on 19.05.2010 with a direction to the Superintendent of Police, Gadag to look into all the documents and conduct detailed enquiry into the matter.

The compliance report is not yet received from the Superintendent of Police, Gadag.

THE IMPORTANT CASES IN WHICH ORDERS ARE PASSED / RESERVED FOR ORDERS DURING THE YEAR 2010-11

1. HRC No.2688/2010:

'.1"he complainant Sri. Raju, Sb. Ramachandrappa Vadekar, Sri. Uttappa, Sb. Bhemesh Buddanal and Sri. Kamalakar, 5/0. Anandappa Shivanoor in their complaint have stated that resident of Tarfail, Gulbarga city and many of the residents were working at MSK Millas, Gulbarga and after the closure of the mill these people are suffering as they are only doing daily wages work. It was reported that one Sri. Shankar, brother of Krishxw, Sb. Hanumanthappa Badal was murdered eight months ago of some miscreants and the direct witness Krishna was also murdered on 29.09.20 10 at about 7 p.m. near Maya Wine shop and the said Krishna was residing at Tarfail area and at about 9 p.m. Superintendent f Police, Gulbarga, Additional Superintendent of Police, Deputy Superintendent of Police and other police officers came near the house of Krishna and at that time 100-150 people were gathered, thrown stones to police vehicles when the situation going out of controi police resorted to lathi charge, tear gas and firing in the air and registered the complaints and they arrested 68 innocent people and although the deceased Krishna did not belonging to Schedule Caste police have taken action against them. The investigation division has after investigation has recommended that the

79 Karnataka State Human Rights Commission officers in order to control the crowd should follow the guidelines issued in the police manual.

The case is reserved for orders.

2. HRC No.3242/2010:

Sri. Prakash Kariyappa of SICHREM on 03.05.2010 appeared before the Commission office and stated that about 2Y2 months back there was a theft of book valued at Rs.45,000 at Book Paradise, Book Store, Shanthinagar and Khalid, Anwar and Akram age between 20-22 years and residents of Tharkhand were taken into custody by the police of Jayanagar Police and did not registered any case and in the complaint it was stated that they had violated the human rights and therefore complained against Jayanagar Police Inspector and his staff.

The investigation division of the Commission after enquiry recommended that police Inspector Sri. C. Gopal, Police Sub-Inspector Sri. B.M. Shivakumar and Sri. T.T. Krishna and staff of Crime Division viz. Channamallegowda, HC-4056, Sn. Raju, HC- 2102, Sri. Siddaiah, PC-8211, Sri. Vinay Kumar, PC-4511, Puttaswamy, PC-9167 and Sri. Mohammed Jabivulla, PC-10332, the disciplinary action against these officers and was also recommended for suspension of these police personnel. The Division Bench of the Commission after going through the documents and investigation report has passed final order on 25.10.20 10 and recommended to the Secretary to the Government, Home Department to initiate departmental enquiry against the above mentioned officers and pay a compensation of Rs.25,000 to each of the illegally detained 9 persons within one month from the date of receipt of this order and the compensation so paid to the 9 detainees may be recovered from the 9 police officials of Jayanagar Police Stationf they are so advised.

The compliance report is still awaited.

3. HRC No.3683/2010:

The Hon'ble Chairperson of Children Rights Commission had give' a letter to the 7th Human Rights Commission that one Nagaraj Naik of 14 years 5piying in the standard had died in suspicious circumstances in the boys balamandirof Bangalore. The uncle of the deceased boy Sri. R. Vishwasagar had complaint to Lie National Human Rights Commission on 08.08.2008 and same was transferred tc Commission by National Human Rights Commission. After holding enquiry ti investigation division recommended to the concerned authority that these children si-uld be sent back to their parents as early as possible and investigation division f0 ed dereliction on duty of Juvenile Board Chairman and Members and thereforf recommended for taking disciplinary action against them.

The matter after holding enquiry is reserved for ,rders.

80 Fourth Annual Report 2010-11

4. HRC No.3855/2010:

The complainant Sri. Prakash Kariyappa, SICHREM, a NGO in his complaint dated 28.05.2010 has stated New Life for Girls for girls at Bharathinagar had kept 65 children of the age 5-15 years illegally and of them 18 children are from Assam, Manipur and Mizoram States. Among the children 23 children were suffering from Calara and they had been admitted in Isolation Hospital and none of these children are orphans. Furthei in his complaint stated that this institution is working illegally. The complaint was registered by the Commission and direction was issued to the investigation division to hoid investigation and submit a report. According to the report, the new life center for girls had not been recognized by the Social Welfare Department or Women and Children We1.'are Department of Government of Karnataka and the institute was running without anypermission with them. The investigation division recommended that the Women and Chldren Welfare Department and the Social Welfare Department officers should visit the institute and take appropriate action.

The Commission passed final orders on 01.10.2010 recommending the Women and Children Welfare Depaitiiient to take appropriate action in the matter.

5. HRC No.3889/2010:

The complainant Sri. A.G. Hameed Umri has quoted the report appeared in Kannada Prabha newspaper on 28.02.2010 under the caption ' and stated that the people belonging to Muslim community were protesting in Shimogi city rising slogans against the Government and editor of the newspaper and all .f a sudden police officers are started to lathi charge and also order for firing, due to police fire one Sadiq died and two persons Abdul Latif and Lokesh were attacked by the miscreants and died on 02.03.2010. In this disturbances many Muslim and Hindu shops, vehicles and houses were attacked. Police in uniform were silent spectators when shops belong to the Muslim community people were being ransacked and did not take any action to control the disturbances. The matter was investigated by the investigation division which recommended that Superintendent of Police, Shimoga may be suitably instructed to take action as per section Karnataka Police Manual Volume-2, Chapter-XXVI and should not give room for such an incident again. Necessary instructions may be given to the Director General and Inspector General of Police. This report has been submitted on 26.02.2011 and the matter is under consideration by the Commission and reserve for orders.

6. HRC No.4202/2010:

The complainant Smt. Sujata has stated that her husband Sri. Shivakumar was arrested on 05.06.2009 at about 11 p.m. by the Soladevanahalli Police, but they have not produced him before the jurisdictional, magistrate and has been tortured in the police station and have not followed the Supreme Court directions regarding the arrest and therefore the complainant filed a complaint that her husband in illegal detention.

81 Kamataka State Human Rights Commission

It was reported by the investigation division lha.t Soladevanahi1li Police Sub- Inspector Sri. Venkatachalaiah had not followed Supreme Court direct'ns regarding detention. The matters is reservc d for order by the concerned bench of the Cc'mmission.

7. HRC No.4489/2010:

Sri. R. Manohar of SICH REM quoted the reports appeared in The Hin1u, DNA, Deccan Chronicle, Deccan Herald, Indian Express, Prajavani, Vijaya Kamatak.i and other newspapers has com1?laned that one Lokesh @ Loki, age 25 , Pears of Narayanapura died when he was in police custody on 21.06.2010. He had been 3rrested on 11.30 a.m. by Hennur police in connection with a theft case that had been registered in May 2010. When he was enquired by the police, during investigation he had stated that he and his associates have sold the commodities they have stolen at Salem. When the police were taking into Tamil Nadu he suffered from vomiting and loose motioi. and therefore admitted to hospital at Dharmapuri and when he was brought back he died at 11.30 p.m. at Mediscope Hospital, Bangalore. The Deccan Herald newspaper 1 ad reported that the said Lokesh had arrested 4 days back and had not been produced befcTe the jurisdictional magistrate. He had been given treatment at a private hospital at Dharrnapuri and since the situation is serious he died and he was admitted to a private hospital, Bangalore and not admitted to a Government Hospital, his arrested was not been informed to his relatives and therefore requested for detailed enquiry and take action to suspend all officers concern ed.

The investigation division conducted an investigation and held that Sri. Hanumantharaya, Police Inspector, Sri. Lakshmikanthaiah, Police Sub-Inspector, Sri. Shivanna, HC-2583, Sri. Kumar, PC-5570 and Manjunath, PC-7858 have showed dereliction duty and was responsibli for the death of Lokesh when he was police custody and therefore, recommended fc r appropriate action to Bangalore city Police Commissioner. The Commission is holding enquiry and has reserved the case for orders.

8. HRC No.5978 to 5988/SM! 1242-1252/2010:

The Hon'ble Chairperson cf the Commission along with investigation division took note of the death of beggar who had been admitted to Beggars Relief Center because of various diseases. The Hon'ble Chairperson along with officers of the investigation division visited the B ggars Relief Center and directed the investigation division to hold detailed enquiry and submit the report. During the enquiry was reported that the Sri. C.N. Manjegowda, Cha irman, Central Relief Committee had been relieve from his charge arid Sri. K.A. Ran kalingappa had been appointed in his place. The investigation division has submitted its report and the matter is under consideration of the Commission.

82 Fourth Annual Report 2010-11

9. HRC No.7042/2010:

Sri. M. Murthy in hit; complaint stated that on 27.09.20 10 that he has two male children Magendra and M agsh and on the night of 25.09.2010 at about 10.30 p.m. two police personnel from Ban aswadi police station came near his office and took him and his son forcibly to the poLice station and beat them without holding any enquiry and forced him to accept their fiult in the case of a missing girl since the they did not give any information about missAng girl they refused to accept the what the police wanted. The police used bad words nd threatened that the entire family will be arrested. Then released him but kept his son Mihentha in their own custody. He had therefore requested for releasing his son from the police custody.

The investigation division after holding enquiry stated in its report that Police Inspector Sri. Sakri and Police S ib-Inspector Sri. Byrappa were trying to search for Accused in case No.519/10 and in connection with that enquiry called father of the Accused Sri. M. Murthy and his broiher Sri. Mahendra but no enquiry had been made by P.1. Sakri or P.S.I. Byrappa, A.S.I. Ramanna and Madaiah in the station house diary and therefore they have violated the directions of the Supreme Court regarding keeping people in custody. The investigation division recommended that necessary instructions may be given to the police officers and close the case. The Commission having examined the complaint, report and give permission to the police officers to give their statements under section 16 of the Human Rights Protection Act. The concerned police officers have gave their statement and mentioned that they have already filed the charge sheet in the jurisdictional court. Since illegal detention had not been mentioned in the compliant and since charge sheet has already been filed, the Commission in its order instructed the concerned police officer to make all entries in the station house diary as per the procedure laid down and passed final orders.

10. HRC No.519/2011:

The Complainant Smt. Shylaja stated that her husband Shoban Babachari working in Kilari Road as a goldsmith work and Kumaraswamy Layout police had arrested him and kept him in illegal custody for 5 days after known that her mother-in-law committed suicide. Her husband was searching for job in the some other shops and had 12.30 night of 20.01.20 11 Bannerughatta Police have arrested her husband and kept in illegal custody. On instructions by the Commission, the Deputy Superintendent of Police of the investigation division Sri. Shivamurthy along with this staff and complainant visited the Bannerughatta police station on 25.01.20 1 1 and found that Sri. Shoban Babachari was not in the police custody. The Police Sub-Inspector denies the illegal detention.

83 Karnataka State Human Rights Commission

The matter is under consideration of the Commission.

In other cases where final reports have been submitted by the Investigation Division all are under consideration of various Benches of the Commission for passing final orders.

The cases of torture, illegal detention, keeping juvenile offenders just like other offenders in the police station are on increase. It is therefore necessary that the investigation division of the Commission has to be strengthened. Since the head quarters of the Commission is in Bangalore, the Commission is attending to the complaints that are received mostly in Bangalore city and nearby places. There is no machinery to investigate cases in other parts of the State. The Commission therefore proposed the investigating units of the Commission to be organized in the range head quarters of the police departments. It is considered view of the Commission that there should be an investigating division in each of the District head quarters to effectively function and give relief to the people in human rights violation cases. The Government has to consider this case very seriously and sanction the proposal to organize District units of the investigating division.

"Manava Hakkugala Varthe" which was started previous year continued by Bangalore Doordarshan. This programme is an initiative taken by the Karnataka State Human Rights Commission as well as Bangalore Doordarshan to create awareness among the people of Karnataka on human rights. It is proposed to reduce the effectiveness of this programme had a meeting of Hon'ble Chairperson, Members and officers of the Commission and officers of the Doordarshan to make it more effective.

10th The World Human Rights Day was celebrated on December, 2010 by the Karnataka State Human Rights Commission. The Human Rights Day was inaugurated by His Excellency Sri. Hans Raj Bhardwaj, the Governor of Karnataka, Sri. P.V. Reddy, Hon'ble Chairman, Law Commission of India and Sri. Suresh Kumar, Hon'ble Minister for Law, Parliamentary Affairs and Human Rights, presided as Chief Guests. Justice Dr. S.R. Nayak, Chairperson of the Kamataka Human Rights Commission presided over the

84 PH- 040- E1 2 judiciary, Advocates,SeniorOfficersoftheGovernmentincludingSecretarytoLaw function. ThefunctionwaslargelyattendedbyformerandservingJudgesoftheHigh Annual Reports.TheCommissionrequiressufficientspaceasaccommodation, Court, PresidentoftheKarnatakaStateConsumerRedressalForum,Members Conclusion: perspective tomakehumanrightsprotectionareality.Ananalysisofthevariousenquiry a largenumberofgeneralpublic. Department, RepresentativesofNon-GovernmentOrganizations,Seniorcitizensand staff particularlyintheinvestigationdivisionandsufficientfundstocarryoutits orders andmakeseveralrecommendationstovariousauthoritiesoftheGovernment.One the CommissionhasconsideredallbasicaspectsofHumanRightssuchasLife,Dignity, Professors andFacultyMembersofBangaloreUniversity,studentsLawColleges well astheelectronicmedia.TheHon'bleChairpersonandMembershavealsotakenup reports inwhichtheCommissionhaspasseditsorderslastfouryearsrevealthat suo-moto casesoftheincidentsthathavecometotheirnotice.TheCommissioninspite on importantaspectsofhumanrightsviolationwhicharereportedintheprintmediaas of thenovelmethodsthatCommissionhasadoptedistotakeupsuo-motocases Shelter, Environment,Health,Education,therighttoreligionandpassedmanyimportant functions effectively.TheGovernmenthastoconsidertheseproblemsinproper awareness amongthepeople.TheHon'bleMinister forLaw,ParliamentaryAffairsand of lackstaffhasreachedthenookand corneroftheStateandhascreated investigation wingoftheCommissionshould beestablishedonthelinesof work oftheKarnataka StateHumanRightsCommissioncannotbe comparedwiththe Human RightsinhislettertotheChiefSecretary hasclearlymentionedthatan Lokayukta. Humanrightsviolationsreferred tomanyissueswhichareconnectedwith human life.Unlesswehaveanorganizedinvestigation divisionatleasttheDistrict work ofotherCommissions. ThefunctioningofthisStateCommission requiresadequate Head Quartersitwould infrastructure facilitiesasthepeople areverymuch awareoftheirhuman rights The Commissionhasbroughtouttheproblemsitisfacinginthreeprevious be difficult to take upcaseswhereviolations takeplace.The 85 Fourth AnnualReport2010-11 Karnataka State Human Rights Commission violations and want immediate and effective relief. A study of the number of the cases that have been registered and disposed indicate that most of the cases are from Bangalore and places nearby. This is because the Commission is located in Bangalore and therefore it is easy for the people to approach the Commission. But people in the distant parts of the State are not in a position to approach the Commission easily because of the distance and time factor. If a human rights violation takes place in a distant place like Bidar if that incident has to be enquired by the Commission itself it would be difficult for any officer of the Commission to reach that place and by the time they reach the incident would have caused violation of human rights. It is therefore, necessary that an effective investigation division is established at the District level as it has been done in the case of Lokayukta. Hon'ble Minister for Law, Parliamentary Affairs and Human Rights having understood this fact has mentioned this in his letter. But unfortunately Law Department being the administrative department has not been able to follow what the Hon'ble Minister has understood and mentioned in his letter.

Human Rights Protection is one of the fundamental requirements of any welfare State. Keeping this in view the Governments have constituted the National Human Rights Commission and State Human Rights Commission. The State Human Rights Commission has not been given the necessary infrastructure facilities inspite of many proposals made by it and also reports that have appeared in the print media as well as the electronic media. It is hoped that the Government will consider these aspects and take effective measures to make the Commission to function more effectively. The Karnataka State Human Rights Commission has proposed several amendments to the Act and the National Human Rights Commission has established a, committee in which Hon'ble Chairperson of Karnataka State Human Rights Commission is a member and this committee is going through the various amendmentsthat are required to make the State and National Human Rights Commission to be more effective in protecting human rights. The State Government should add its support to the amendments that are proposed so that the union Government to come up with comprehensive proposal. Human rights violation is taking place in increasing number. State Human Rights Commission earlier had five members including the Chairperson but the amendment that has been made in

86 Fourth Annual Report 20 10-1 1 the year 2006 reducing the number to three. The Kamataka State Human Rights Commission in the four years of its existence is of the considered view that the Commission should have five members including the Chairperson to deal with various cases that come up before the Commission.

-

ustice Dr. S.R. Nayak) Chairperson

(R.H ) 3ddi) (B. Parthasarthy) Member Member

87 Fourth Annual Report 2010-11

PHOTOS OF VARIOUS PROGRAMMES OF THE STATE HUMAN RIGHTS COMMISSION

KARNATAKA STATE HUMAN RIGHTS COMMISSION "HU1AN RIGHTS DAY" 10-12-2010. tSC oto 6 floC2fl

His Excellency Sri. Hans Raj Bharadwaj, Governor of Karnataka, Hon'ble Chairperson Justice Dr. S.R. Nayak, Justice P.V. Reddy, Hon'ble Chairperson, Law Commission of India, Sri. Sureshkumar, Hon'ble Minister for Law, Parliamentary Affairs and Human Rights and Hon'ble Members of the Commission Sri. R.H. Raddi, Sri. B. Parthasarathy participated on Human Rights Day on 10.12.2010

KA STATE HUMAN

Hon'ble Chairperson and Members of the Commission lighting the lamp on Human Rights day

89 Kamataka State Human Rights Commission

Hon'ble serving and retired Judges of the High Court being present on Human Rights Day

Members of the State judiciary and Secretary, Department of Law, Parliamentary Affairs and Human Rights, and President of Bangalore Advocates Association at the Human Rights day

90 Fourth Annual Report 2010-11

A section of the invitees including former Judges of the High Court at the Human Rights Day

I 111111 1hlll LIIIII\I(1I 1Ii1

KARNATAKA STATE HUMAN 7, RIGHTS COMMISSION

"HUMAN122010 RIGHTS DAY"

Hon'ble Minister for Law Sri. Sureshkumar addressing the gathering on Human Rights day

91 Kamataka State Human Rights Commission

RNATA STATE HUMAN RIGHTS COMHISSIO

His Excellency the Governor of Karnataka addressing the audience at the Human Rights day

Sri. Javid Pasha, Secretary of the Human Rights Commission welcoming the gathering when the Commission met the representatives of the NGOs for a consultation meeting held on 06.07.2011

92 Fourth Annual Report 2010-11

A section of the audience at the NGOs consultation meeting

Hon'ble Chairperson Dr. S.R. Nayak inaugurating the NGOs consultation camp

93 Karnataka State Human Rights Commission

Hon'ble Chairperson Dr. S.R. Nayak addressing the gathering at NGOs consultation meeting

Hon'ble Chairperson Dr. S.R. Nayak clarifying a point at a consultation meeting

94 Fourth Annual Report 2010-11

A member rising certain points at the consultation camp

Hon'ble Member Sri. B. Parthasarathy giving clarification at the consultation camp

95 Kamataka State Human Rights Commission

Hon'ble Member Sri. R.H. Raddi giving clarification at the consultation camp

A section of the audience at the NGOs consultation meeting

96 Fourth Annual Report 2010-11

A woman NGO rising certain points at the consultation camp

Inspector General of Police of the Commission Sri. Mohammed Wazeer Ahmed proposing the vote of thanks

97 Karnataka State Human Rights Commission

Hon'ble Chairperson Dr. S.R. Nayak visited the Beggars Relief Center along with members of the investigation division and staff of the Commission on 19.08.2011 and 20.08.2011 and this photo of Beggars was taken on that occasion

The Dy.S.P. and the staff of the investigation division raided New Life Centers for Girls on 28.05.2010 on complaint that 65 children of the age group of 5-15 years had fallen ill by drinking polluted water

98 Fourth Annual Report 2010-11

The Dy.S.P. and the staff of the investigation division visited NIMHANS Hospital on the complaint of lathi charge by Halsoor Gate police on the protestors belonging to Karnataka Rakshana Vedike regarding increase in Auto Meter rate on 26.07.2010

The Dy.S.P. and the staff of the investigation division visited Koramangala police station on 04.10.2010 and found that Sri. Narayan and Sri. Muniyallappa had been kept in illegal custody

99 *** Govt. Press, Vikasa Soudha, P7, W.D. P057, Copies: