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NHRC Annual Report 2001-2002

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NHRC Annual Report 2001-2002 National Human Rights Commission ANNUAL REPORT 2001-2002 Sardar Patel Bhawan w Sansad Marg, New Delhi 110001 Contents Preface 1 Introduction 2 Experience of the Working of the Protection of Human Rights Act, 1993 8 3 Situation in Gujarat 20 Civil Liberties 24 A] Human Rights in Areas of Insurgency and Terrorism 24 B] Custodial Death, Rape and Torture 32 C] Encounter Deaths 34 D] Video Filming of Post-Mortem Examination and Revision of Autopsy Forms 35 E] Systemic Reforms: Police 36 F] Human Rights and Administration of Criminal Justice System 39 ANNUAL REPORT 2001-2002 II CONTENTS G] Custodial Institutions 40 1) Visits to Jails 40 2) Prison Population 42 3) Medical Examination of Prisoners on Admission to Jail 42 4) Mentally III Patients Languishing in Jails 43 5) Sensitisation of Jail Staff 43 6) Visits to Other Correctional Institutions/Protection Homes 45 H] Improvement of Forensic Science Laboratories 45 Review of Laws, Implementation of Treaties and Other International Instruments of Human Rights (Section 12(d), (f) and (j) of the Protection of Human Rights Act, 1993) 48 A] Prevention of Terrorism Ordinance, 2001 48 B] Child Marriage Restraint Act, 1929 50 C] Protection of Human Rights Act, 1993 51 D] Implementation of Treaties and other International Instruments 52 1) Protocols to the Convention on the Rights of the Child 52 2) Protocols to the Geneva Convention 52 3) Convention Against Torture 53 4) Convention and Protocol on the Status of Refugees 53 E] Freedom of Information Bill, 2000 55 F] Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 56 6 Right to Health 58 A] Public Health and Human Rights 59 1) General Recommendations 59 2) Recommendations on Access to Health Care 60 3) Recommendations on Tobacco Control 60 4) Recommendations on Nutrition 61 B] HIV/AIDS and Human Rights 62 C] Maternal Anaemia and Human Rights 63 NATIONAL HUMAN RIGHTS COMMISSION CONTENTS III 7 Rights of Women and Children 64 A] Trafficking in Women and Children 64 1) Trafficking in Women and Children: Manual for the Judiciary 64 2) Information Kit on Trafficking in Women and Children 65 3) Prevention, Rescue and Rehabilitation of Women and Children Trafficked into Prostitution in Delhi 65 B] Combating Sexual Harassment of Women at the Work Place 66 C] Harassment of Women Passengers in Trains 69 D] Rehabilitation of Widows in Vrindavan 70 E] Nomenclature to be used in Official Documents for Addressing Wives of Persons who have Died 72 F] Sale of Female Children of Lambada Tribals in Telengana Region, Andhra Pradesh 73 G] Women's Human Rights Cell in National Human Rights Commission 74 8 Rights of the Vulnerable 76 A] Abolition of Bonded Labour and Child Labour 76 1) Bonded Labour 76 2) Child Labour 81 B] Rehabilitation of People Displaced by Mega Projects 88 C] Rights of the Disabled 89 D] Rights of the Elderly 92 E] Problems of Denotified and Nomadic Tribes 94 F] Manual Scavenging 95 G] Human Rights in Situations of Natural Disasters 97 1) The Orissa Cyclone Affected 97 2) The Gujarat Quake Affected 99 H] Racism: World Conference in Durban 102 Research Programmes and Projects 106 A] Preventing Employment of Children by Government Servants: Amendment of Service Rules 106 B] Quality Assurance in Mental Hospitals 107 1) Mental Hospitals in Ranchi, Agra and Gwalior 107 2) Mentally III Patients in Dargahs/Private Hospitals 109 ANNUAL REPORT 2001-2002 IV : CONTENTS C] Action Research on Trafficking in Women and Children 111 D] Research Programmes on Women's Rights 112 1) Rights of Women Prisoners In Indian Jails: A Sociological Study 112 2) Complaints made by Women at Police Stations in Bangalore 113 E] Research Project on 'Impact, Community Response and Acceptance of Non Formal Education under the National Child Labour Project — A Case study of Carpet-Weaving belt of Mirzapur— Bhadhoi and Glass-Bangle region of Ferozabad' 113 F] Research study on the Mushar Community of Bihar 115 G] Research Project on Mentally Ml Persons in Jails of West Bengal 116 H] Key Thrust Areas 116 10 Promotion of Human Rights Literacy and Awareness 118 A] National Action Plan for Human Rights and Action Plan for ' Human Rights Education 119 B] National Institute of Human Rights 121 C] Human Rights Training for Civil Servants 121 D] Human Rights Training for Police Personnel 122 E] Human Rights Education for Para-Military and Armed Forces 124 F] Internship Programme 125 G] Seminars and Workshops 125 H] Publications and the Media 126 1] Visits on Behalf of the Commission to Various States 129 J] Visits Abroad 130 11 Non-Governmental Organisations 132 12 State Human Rights Commissions and Human Rights Courts 136 NATIONAL HUMAN RIGHTS COMMISSION CONTENTS : V 13 Complaints before the Commission 138 A] Number and Nature 138 B] Investigation of Cases 140 C] Complaint Management System 142 1) Computerisation of Complaintliandling Mechanism 142 2) 'MADAD' 144 D] Illustrative Cases 2001-2002 144 POLICE EXCESSES a) Custodial Deaths 145 1 Death of Sanjay Sitaram Mhasker due to custodial violence: Maharashtra (Case No.210/13/98-99-ACD) 145 2 Custodial death of Mohammad Irshad Khan (Case No.2387/30/2a00-2001-CD) 146 3 Custodial death of Ram Kishore — Complaint by Uttar Pradesh Parjapati Samaj Vikas Parishad (Case No.483-LD/93-94) 147 4 Death of Lallan due to negligence in providing medical treatment: Uttar Pradesh (Case No.28302/24/1999-2000)' 148 5 Death of Manoj Kumar due to torture by police: Uttar Pradesh (Case N0.7955/96-97/NHRC) 149 6 Death of Shishu Rebe due to torture in police custody: Arunachal Pradesh (Case No.74/96-97/NHRC), 149 7 Death of Nageshwar Singh due to Illegal detention and torture: Bihar (Case No.7482/95-96/NHRC) 150 8 False Implication of Madhukar Jetley: Uttar Pradesh (Case No.2385/24/2000-2001) 151 b) Torture 152 9 Torture of Dayashankar by police: Uttar Pradesh (Case No.791/24/2000-2001) 152 10 Illegal detention and torture of Anil Kumar: Maharashtra (Case No.517/13/98-99) 153 11 Illegal detention and torture of D.M. Rege: Maharashtra (Case No.1427/13/98-99) 154 c) Police Harassment 154 12 False implication of Manoj Kumar Tak and Narender Tak: Madhya Pradesh (Case No.667/12/98-99-FC) 154 iNnIjAL REPORT 2001-2002 VI : CONTENTS 13 False implication of Rajinder Singh: Haryana (Case No.810/7/98-99) 156 14 Illegal detention by Police: Uttar Pradesh (Case No.13161/24/98-99) 157 DEATH BY NEGLIGENCE IN JUDICIAL CUSTODY 15 Reference from Human Rights Court, Kanpur Nagar, in respect of death of Jasveer Singh in Judicial custody due to negligence in providing timely medical aid: Uttar Pradesh (Case No.5190/24/1999-2000-CD) 158 16 Death of Dhirender Singh in Jail: Uttar Pradesh (Case No.218a8/24/99-2000/CD) 159 VIOLATION OF RIGHTS OF CHILDREN/WOMEN 17 Sexual harassment in the work place: Suicide of Sangeeta Sharma, Advocate: Andhra Pradesh (Case No.203/1/2000-2001) 160 18 Rape of a minor Dalit girl; failure to comply with the law: Haryana (Case NO.390/7/98-99/NHRC) 161 19 Death of 12 years old child worker, Naushad: Bangalore (Case No.452/10/2000-2001) 162 20 Commission of Rape by a Minister of State in the Government of Assam (Case No.113/3/2000-2001) 163 VIOLATION OF THE RIGHTS OF THE VULNERABLE SECTIONS OF SOCIETY 21 Killing of 7 Dalits by Upper Castes: Karnataka (Case No.628/10/99-2000) 164 22 Harassment and illegal detention of farmers: Uttar Pradesh (Case No.9480/24/1999-2000) 165 HUMAN RIGHTS VIOLATIONS BY SECURITY FORCES 23 Procedure with respect to complaints against Armed Forces: Disappearance of Mohammed Tayab All, who was last seen in the company of para-military forces (Case No. 32/14/1999-2000) 166 24 Death in firing by Armed Forces: Manipur (Case No.25/14/99-2000) 175 25 The Case of Jalil Andrabi, Advocate: Jammu and Kashmir (CaseNo.9/123/95-LD) 175 OTHER IMPORTANT CASES 26 Death due to Electrocution — strict liability of the State: Jharkhand (Case No.1509/4/2000-2001) 176 27 Killing of Mohinder Singh In police firing (Case No.253/9/20a0-2001) 177 NATIONAL HUMAN RIGHTS COMMISSION CONTENTS VII 28 Death in police firing: Bihar (Case Nos.2489/4/1999-2000 and 2314/4/1999-2000) 178 29 Protection of Human Rights Defenders: False Implication of Lallt Uniyal, Uttar Pradesh (Case NoJ73/24/1999-2000) 179 30 Rights of Persons with Disabilities: Commission provides assistance to Shri C.S.P. Anka Toppo, a blind medical student to enable him complete MBBS Course (Case No. 1754/30/2000-2001) ; 180 31 Cases where decision of the Commission has been upheld ^byt Court — Shri Mohammed Khan (Case No.7/21/96-LD) 182 32 Jurisdiction of NHRC under Section 36(1) of the Act in relation to State Human Rights Commission (Case No.624/25/2000-2001) 183 33 Harassment of M. Karunanldhi and others by police: Tamil Nadu: Jurisdiction of NHRC (Case No.280/22/2001-2002) (Linked Case No.275/22/2001-2002) 186 E] Action Taken on the Cases Reported in the Annual Report of 2000-2001 188 1 Illegal Detention, Torture and Death of Shah Mohammed In Police Custody and Negligence on the Part of Doctors for not Conducting a Thorough Post Mortem: Madhya Pradesh. (Case No.3855/96-97/NHRC) 188 2 Torture in Police Custody Results in the Death of Kartlk Mahto: Bihar (Case No.8903/95-96) 188 3 Harassment by Police Leads to Suicide of Surinder Singh: Uttar Pradesh (Case No.
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