HUMAN RIGHTS NEWSLETTER, JUNE, 2020

Inside .....

 Quote 2  Cases from Investigation Division 11

 Meeting of Core Group members on Bonded .. 2  Recommendations for Relief 11

 The NHRC-NALSAR Conference on Integrating ... 2  Payment of Relief on NHRC recommendations 12

 Important Interventions: Suo Motu Cognizance ... 3  Other important seminars/programmes/conferences 12

 Cases of Human Right Defenders 9  Human Rights and NHRC in News 12

 Cases handled by Focal Point of HRD ... 10 Complaints in May, 2020 12

Visit NHRC, at: www.nhrc.nic.in; @India_NHRC 1 HUMAN RIGHTS NEWSLETTER, JUNE, 2020 “To give pleasure to a single heart by a single act is better than | a thousand heads bowing in prayer” ― Mahatma Gandhi

Meeting of Core Group members on Bonded and Migrant Labour

he Supreme Court of India 2. Organized National Level Standard Operating Procedure Tentrusted the National Human Seminars and Regional (SOP) for Identifi cation and Rights Commission, NHRC, workshops in Bonded Labour Rescue of Bonded Labourer India with the responsibility of prone States to sensitize various and Prosecution of Offender, monitoring and overseeing the Stakeholders; circulated by Ministry of implementation of its directions as Labour and Employment, A Meeting of Core Group members well as provisions of the Bonded Government of India on August on Bonded and Migrant Labour Labour System (Abolition) Act, 17, 2017. was scheduled for 1st May, 2020: - 1976 in all States/UTs. d. Observations on State Standard The main issues to be discussed Accordingly, the NHRC took Operating Procedures (SOP) in the meeting were: stock of the situation and the on Bonded Labour brought following charter of activities were a. Issues for clarifi cation out by the State Government taken up by the Commission on the regarding authentic of Karnataka on 10th February issue of Bonded Labour: interpretation of the Bonded 2020. Labour (Abolition) Act, 1976 1. Constituted Core Group on However, due to the prevalent Bonded Labour to review b. Issues of concern in corona lockdown, this meeting existing Act, Rules and Implementation of Central was postponed. It will be Schemes of the Central and sector Scheme for rehabilitation organized through Video State Governments on Bonded of Bonded Labourers-2016. Conferencing. Labour; c. Clarifi cations on Central The NHRC-NALSAR Conference on Integrating Women’s Development with Nation’s Development

he NHRC, India organised academics, women as and children, relation between Ta conference on Role of entrepreneurs, industry experts father and children, elderly in Stakeholders held on 17th January, and law students and others civil families, relatives, fi nancial/ 2020 at NALSAR, Hyderabad. society members to discuss issues social status of family, relations under the following broad themes; between husband and wife etc. The main objectives of the (1) Sociological Dimensions, and conference were: (i) to raise 2. Proposal for universal basic (2) Women’s 21st Century Stories. awareness among various income should be made. In Each of the panel discussions stakeholders of the various issues order to alleviate the issue of were further divided in to sub- specifi c to women’s development, gender inequality across the themes. The themes for the paper (ii) to start a dialogue among country, the universal basic presentation sessions were (1) stakeholders at various levels – income is crucial to address the Economics Through the Lens students, academics, practitioners issue of not paying women for of Feminism, and (2) Women in – of the ways in which women’s the unquantifi able tasks that Democracy. development shall positively they regularly perform. Wage impact the development of the The Commission has approved disparity in unorganized sector country, (iii) to attempt to identify the recommendations of this should be tackled by strict various areas that need the conference. Some of the major implementation of related laws attention of society and law-making recommendations are as follows: and breaking social stereotypes bodies which shall bring about the surrounding women. 1. To conduct research to study results aforementioned. the impact of economically 3. Proper and prompt redressal of The conference saw the independent/ working women violations of rights of women participation from practitioners, on relation between mother should be done, especially at

2 HUMAN RIGHTS NEWSLETTER, JUNE, 2020 workplaces. In cases of human should be setup for encouraged. In relation to the rights violations, putting maintenance of hygiene and role of women, self-help groups the victim as the centre of sanitation. This will also could act as a tool for women’s the criminal justice system discourage dropout of girl development and help in (instead of merely focusing on students from schools. building confi dence in them. the perpetrators) might be a 5. Women’s education and 7. Encouraging men to share the more effective way of helping entrepreneurship should responsibility of household as women, especially the ones be encouraged. This is the women are sharing the outside who fall a prey to the cruelties single most important tool for responsibilities, by awareness of migrations gone wrong. bringing out change. programs. 4. Suitable infrastructure in 6. Self-help groups should be schools and at workplaces

Important Interventions

he Commission took suo motu citizens lost their life and thousands the particular industrial unit and to Tcognizance in 10 cases of alleged had fallen sick, was indeed a submit a report to the Commission. human rights violations reported serious issue of violation of human As per early reports in the by media during 1-31st May, 2020 rights. Right to life of the victims media, the incident occurred at and issued notice to the concerned was grossly violated. At a time a chemical plant at LG Polymers authorities for reports. Summary of the when the human lives across the Industry at RR Venkatapuram cases is as follows: country were at stake due to spread near Naiduthota area of the district of Covid-19 virus and everyone Case No. 1023/1/21/2020 around 3.00 AM on 7th May, 2020. was forced to stay indoors, the The unit manufactures polystyrene NHRC notice to Andhra Pradesh gruesome tragedy had come as bolt and its co-polymers. An evacuation Government and Centre over from the blue for the people. deaths and sufferings to several drive had reportedly been started people due to styrene gas leakage Accordingly, the Commission by the police authorities and the in Vizag District issued a notice to the Chief District Collector was monitoring Secretary, Government of Andhra the situation. The NDRF and SDRF The National Human Rights Pradesh calling for a detailed report teams were also deployed in the Commission, NHRC, India took in the matter including status of the area as mentioned in the news suo motu cognizance of media rescue operation, medical treatment report. reports about the death of eight provided to the people fallen Case No.518/13/4/2020 persons and over fi ve thousand sick and relief and rehabilitation others falling sick due to leakage provided by the state authorities to Mowing down of 16 migrant of styrene gas in Vizag District the affected families. workers by a goods train of the State of Andhra Pradesh early morning on 7th May, 2020. A notice was also issued to The National Human Rights The leakage of the gas reportedly the Director General of Police, Commission, NHRC, India issued affected people within a radius of Andhra Pradesh to inform within notices to the Chief Secretary, about 3 kilometers. Many people four weeks about registration of Government of Maharashtra and could be seen lying on roads, while FIRs in the matter and status of the the , Aurangabad some complained of diffi culty investigation being conducted. after taking suo motu cognizance of media reports about mowing down in breathing and rashes on their The Commission also of 16 migrant workers by an empty bodies. considered it appropriate to bring goods train in the early hours the matter to the notice of the Union The Commission observed that on 08th May, 2020. The incident Ministry of Corporate Affairs and though prima-facie, there were no happened between Badnapur asked through its Secretary to reports regarding human error or and Karmad stations in Nanded examine whether the norms laid negligence till the time of its suo Division. motu cognizance of the matter down under relevant provisions of but the fact that at least 8 innocent the law were being implemented at The offi cers were directed to

3 HUMAN RIGHTS NEWSLETTER, JUNE, 2020 submit a detailed report, within and two others succumbed to are the ones, who are frontline four weeks to the incident. It should injuries later. The workers, who fi ghters to curb the spread of also include details of the steps were walking to Bhusawal from Covid-19 virus. Alleged denial taken by the State and the district Jalna to board a “Shramik Special” of admission in the hospital to a authorities to provide food, shelter train to return to Madhya Pradesh, policeman, who had been doing and other basic amenities to the were sleeping on the railway line his duty sincerely, is a matter poor people, especially the migrant when the mishap occurred between of concern for the Commission. laborers, who were facing extreme Badnapur and Karmad stations Timely treatment to the young diffi culties. The details of the in Nanded Division. Reportedly, constable might have saved his life. relief and rehabilitation provided about 20 workers were walking They reported incident, seemingly, to the victim laborers and their from Jalna to Bhusawal, which also sends a message that the dependents along with status of is about 150 kilometers. They patients were, perhaps, not being the medical treatment provided to stopped after walking for about 45 attended by the hospitals and the injured was also required to be kilometers to take some rest and Covid-19 centers, as per standard given in the report. fell asleep on the tracks. At around protocol set by the agencies 5:15 AM, a goods train ran over concerned. It showed reckless and The Commission observed them. The loco pilot, as mentioned negligent attitude of the hospital that prima facie, the mishap could in the news report, had noticed authorities. be termed as a train accident, as some persons along the tracks. He normally it is not expected by The Commission further honked and also tried to stop the anyone that some people would observed that the reported incident train but failed to contain the speed be sleeping on the railway tracks. also indicates that perhaps, the before hitting the victims lying on However, the crucial aspect was hospital authorities were lacking in the tracks. An inquiry in the matter that the poor laborers, who were infrastructure and right approach has been ordered by the Ministry of already facing many hardships to deal with the Covid-19 patients. Railways. amid countrywide lockdown, The hospitals were required to were forced to walk on foot for Case No.1782/30/0/2020 tackle the situation very sensibly a very long distance, due to with a humane approach. Negligence in the treatment of non-availability of any mode constable who died The complainant had stated that of transport, and lost life due due to Corona the deceased, aged 32 years was to apparent negligence by the taken to the Deep Chand Bandhu district administration. Had some The National Human Rights Hospital by one of his colleagues arrangements been made for their Commission, NHRC, India issued where a test was conducted on him shelter or halt during their tiring notices to the Chief Secretary, for Covid-19 and he was returned journey, the painful tragedy could Government of NCT of Delhi and back. He was not admitted in have been averted. Union Home Secretary after taking the hospital. The victim, later, suo motu cognizance of a complaint The Commission in its recent complained of breathlessness and accompanied by a media report orders passed in different cases he was taken to the RML hospital alleging negligence in the treatment has observed and expressed that but he could not reach hospital and of Delhi Police constable Amit there is a need for the government died on the way. Kumar who died due to Corona agencies to deal with the infection. They were asked to The Commission also come situation arising out of country submit a report within four weeks. across news reports regarding this wide lockdown, very sensibly, The report is expected to include incident stating that the deceased particularly for people belonging to the Standard Operating Procedure constable was taken to a Covid-19 vulnerable sections of the society. adopted by the hospitals for the centre at Haidarpur from where Death of poor migrant laborers in Covid-19 patients and status of its he was diverted to the Baba Saheb such a painful tragedy, was indeed implementation. Ambedkar Hospital. The patient an issue of violation of human was kept waiting for hours and rights. Issuing the notices, the then he was taken to Deepchand Commission observed that According to the media reports, Bandhu hospital from where the police personnel, doctors, fourteen laborers died on the spot he was referred to a Covid-19 paramedical staff of the hospitals

4 HUMAN RIGHTS NEWSLETTER, JUNE, 2020 centre at Ashok Vihar, where the matter, within four weeks, subjected to racial discrimination the doctors agreed to admit him including the health status of the and brutally attacked by some on condition that he will have to woman and her child and also, if locals from Faizapur, Gurugram in manage everything on his own. The any, relief and rehabilitation was Haryana just for passing through colleague, accompanying him, told provided by the state authorities to the locality on Sunday afternoon. them that the patient was not even the aggrieved family. Reportedly, she was eventually able to talk and would not be able saved by some people, and police The Commission would like to manage. was called. But the police offi cials, to know about the measures being who reached the spot asked He was taken back home and taken by both the states to ensure the victim to compromise the the matter was taken up with the that the migrant laborers were matter with the tormentors. The higher authorities of the Delhi not subjected to harassment and victim then had to call the North Police. Later, the patient was hardships during the lockdown. East Support Centre & Helpline directed to be taken to the RML The Commission would like to (NESCH). The NESCH members hospital, New Delhi, where he know as to what actions had been reached the spot at 8:30 PM and could not reach and died en-route. initiated against the erring public then only the statement of the servants by the state authorities Case No.544/13/0/2020-WC victim was recorded for registration for their apathy & culpable of an FIR. On way back from Maharashtra, negligence for not implementing migrant woman from M.P. delivers the government orders and various The Commission observed that on road measures mentioned in interstate the contents of the media reports, Migrant Workmen Act, during if true, amount to serious issue The National Human Rights lockdown period. of violation of human rights of Commission, NHRC, India has the victim. The police instead of taken suo motu cognizance of The Commission observed that initiating the requisite legal process, media reports carried on 12th the contents of the news reports, asked the victim to compromise. May, 2020 that a pregnant migrant which were replete, almost daily, Accordingly, a notice was issued woman, who was walking on foot with hardships being faced by to the Chief Secretary, Government from Maharashtra to Madhya the public during countrywide of Haryana and the Commissioner Pradesh, delivered her baby on lockdown. There were news of Police, Gurugram calling for a road. She rested for 2 hours after reports that the migrant workers detailed report in the matter, within the delivery, and then continued still forced to walk thousands of four weeks along with status of walking for the remaining 150 kilometers to reach their homes. It the investigation being conducted kilometres of the journey. The is disheartening to know the plight by the police after registration of pregnant woman and her husband of the migrant laborers, particularly the FIR and relief/counselling had reportedly started their journey women, children, old age people provided by the authorities to the from Nashik in Maharashtra and and the pregnant women falling victim. The Commission would were walking towards their home prey to states’ apathy. A pregnant also like to know about present in Satna in Madhya Pradesh. woman, who needs rest, medical health condition of the victim and checkup and special care, was not The Commission observed that the status of the medical treatment only forced to walk hundreds of this incident amounted to sheer being provided to her by the district kilometers but also to deliver her negligence of the state authorities authorities. baby during her painful journey. resulting in violation of human The Commission further rights of the victim woman. Rights Case No. 839/7/5/2020-WC observed that it is disgusting that a to life and dignity of the poor Improper police action in the woman from North-Eastern part of woman were grossly violated. matter of racial abuse and beating her own country was subjected to It also caused indignity to the by some locals in the city racial discrimination and physical motherhood. assault by a local family in the The National Human Rights Accordingly, notices were NCR region. Apparently, the police Commission, NHRC, India has issued to the Chief Secretaries of personnel failed to do justice with taken suo motu cognizance of Maharashtra and Madhya Pradesh the situation and take necessary media reports that a 20-year-old calling for a detailed report in action. They should have realized girl hailing from Manipur, was 5 HUMAN RIGHTS NEWSLETTER, JUNE, 2020 the impact of trauma and mental vigilant, some relief could being carried along with the injured agony, the woman was undergoing immediately be provided to the migrant laborers in the same due to the tragic incident. aggrieved family and the others, vehicle by the authorities on 16th facing similar hardships. The May, 2020. He was asked to submit According to the media incident amounted to violation a detailed report in the matter reports, the victim was stopped of human rights and required its within four weeks. by an elderly woman, who rudely intervention. interrupted her from passing The report is expected to be through the road stating that it was Accordingly, the notices were comprehensive, giving the details a private property. The old woman issued to the Chief Secretaries of of the action taken against the reportedly abused her in a racial Punjab and and the delinquent offi cers and relief/ tone and, as the altercation started, District Magistrate, , Uttar rehabilitation provided to the the victim was called “corona”. Pradesh calling for a detailed report victim migrant laborers and their In the meantime, the other family within four weeks in the matter families by the state authorities. members of the old lady also came including the action taken against The Commission would also like to out and started beating the victim the responsible offi cers/offi cials know about the health status of the with sticks. The girl, who was also and relief/ assistance provided to injured migrant laborers and status hit on her head, was somehow the victim families. of their medical treatment. saved by some local people and The Commission further Issuing the notice, the the police was called. Reportedly, observed that several news reports Commission also observed that it the victim was undergoing medical about miseries of people had come was indeed unethical and inhuman treatment and her CT scan results to its notice during the lockdown on the part of the authorities to put were awaited. forcing it to intervene in order the dead bodies in the same vehicle Case No.8474/24/1/2020 to sensitize the Central and the in which the injured migrant State authorities to deal with the laborers were asked to travel. The A migrant mother pulling a situation with an approach of injured persons had suffered not suitcase with her child sleeping respect to human rights of the only physical injuries but they were half hung thereon on Agra public at large, particularly, the also under tremendous trauma of Highway vulnerable sections of the society. the fatal accident and in that painful The National Human Rights However, media reports suggest condition, they were forced to sit in Commission, NHRC, India took suo continuing sufferings of the people, the same vehicle where the bodies motu cognizance of media reports particularly the migrant laborers, of the deceased were also kept. about a mother pulling a suitcase whose journey long, was not Apparently, the public servants with her small child sleeping half coming to a halt. failed to deal with the situation hung on it on Agra Highway. sensibly and acted in a cruel Such incidents only indicate Reportedly, the migrant woman manner violating right to dignity of towards carelessness and was walking all the way from the poor laborers. inappropriate approach of the somewhere in Punjab to in local public authorities who do not Reportedly, 26 migrant laborers Uttar Pradesh till she caught the bother to come forward to see the lost life and more than 30 sustained attention of the media persons. reality at the ground. injuries in the fatal accident The Commission observed that when two trucks, one coming Case No.8755/24/5/2020 it is aware of the unprecedented from Punjab and the other from situation and that the Central Dead and injured carried in the Rajasthan, collided on the highway and the State governments were same vehicle in district of Uttar Pradesh. working sincerely to address The National Human Rights Later, as the photographs of the every issue coming up during the Commission, NHRC, India issued truck carrying the dead and the lockdown but it was strange that a notice to the Chief Secretary, injured in the same truck went viral the pain of the child and the family Government of Uttar Pradesh after on social media, the authorities, could be seen and felt by many taking suo motu cognizance of sensing the outrage, transferred enroute, except the local authorities. media reports that the bodies of the dead bodies in the ambulance Had the local authorities been Auraiya road accident victims were vehicles at Prayagraj, Uttar Pradesh.

6 HUMAN RIGHTS NEWSLETTER, JUNE, 2020 Case No.8944/24/64/2020 According to the media reports, it was alleged that many report, Vipin Kumar used to work migrant laborers lost life during Death of a migrant worker due to at a shop in Ludhiana. He had their journey by train due to longer hunger in embarked on a long journey to duration and no arrangements for The National Human Rights his home in Sursa, on foot drinking water and food etc. Commission, NHRC, India issued on 12th May, 2020. But walking Reportedly, 2 persons died a notice to the Chief Secretary, continuously for six days without in Muzaffarpur and one each in Government of Uttar Pradesh food and covering over 350 Danapur, Sasaram, Gaya, Begusarai after taking suo motu cognizance kilometers, he fell on the road near and Jehanabad in Bihar including of a media report that 19-year-old Saharanpur. An ambulance spotted a 4 year old boy. All of them, migrant worker Vipin Kumar, him lying on the road and shifted reportedly, died due to hunger. In died in Saharanpur due to hunger him to a district hospital. But he another incident, a train reportedly after walking six days covering 350 could not be saved. Doctors said he started from Surat district in kilometres from Ludhiana. He was died of hunger. Gujarat for Siwan in Bihar on headed for his home in Hardoi, Reportedly, the victim, Vipin 16th May, 2020 and reached Bihar Uttar Pradesh. had informed his family on 12th on 25th May, 2020 i.e. after 9 days. The report sought from the May, 2020 that he was returning The Commission observed that State Government in four weeks is home. His father, as mentioned in the contents of the media reports, if expected to provide details about the news report, stated that Vipin true, amounted to gross violations the present status of the migrant had no other option but to walk of human rights. The aggrieved laborers of Uttar Pradesh stuck in down home as the government families suffered irrevocable loss. different states, who are willing to transport, for which he was waiting The state had failed to protect the come back to their native places in for long, was not practically lives of the poor laborers on board and the steps being taken to ensure available for journey. the trains. their smooth journey back home. It is further mentioned in the Accordingly, notices were Describing Vipin’s death as media report that the family had issued to the Chief Secretaries a serious issue of human rights received a phone call from the of Gujarat and Bihar, Chairman, violation, the Commission has hospital from Saharanpur about Railway Board and Union Home observed that it is not the fi rst time the ill condition of Vipin and the Secretary calling for a detailed that it came across such an incident next day, they received a phone report in the matter. The Chief relating to painful conditions of call from the Hospital that Secretaries of the Government of the migrant laborers, their illness, he had died due to hunger. The Gujarat and Bihar are expected to delivery of babies on roads and villagers, reportedly, collected the specifi cally inform as to what steps their deaths during their journey money for the family so that they were taken to ensure basic facilities back home in the wake of Corona could bring body of the deceased to including medical facilities for the lockdown. his home. migrant laborers, who boarded the It further observed that there Case No.1182/4/23/2020 trains. The response from all the were media reports that the authorities is expected within 4 Hardships to labourers on board Government of Uttar Pradesh had weeks, positively. misdirected special trains, devoid directed to provide shaded shelter, of water, food and basic facilities Issuing the notices, the food and drinking water to the causing sickness and death Commission has observed that migrant laborers at toll plazas on the Rail network in India is the national highways and in the buses The National Human Rights largest in the world and well they will travel. However, it seems Commission took suo motu equipped with the modern that the announcements made by cognizance media reports that the technology, trained staff and other government agencies were not trains ferrying the migrant laborers infrastructure. A train getting late being implemented on the ground were not only starting late but due to bad weather etc. for some due to which the migrant laborers were taking many additional days hours is always considered beyond were still suffering. to reach destination. In one of the control of the authorities but

7 HUMAN RIGHTS NEWSLETTER, JUNE, 2020 trains getting lost during journey, to vulnerable classes have suffered female laborers, old aged persons, reaching unexpected destinations the most. Daily wages workers, ill persons, small children and and taking more than a week to small shop owners, rickshaw specially-abled persons were reach its scheduled station is hard pullers, cab operators and poor reportedly, suffering a lot. Many to believe and require a thorough laborers have become the worst times the poor laborers were told to investigation into the matter. victims in the recent days. As the go back as the trains got cancelled. lockdown was announced, it was It further observed that the Case No.356/6/0/2020 stated by the central government poor labourers, who have already that wherever a person is staying The Commission has come suffered a lot in distant places he/she should stay there only so across a video clip posted on his and are desperate to reach their that the social distancing could twitter account by Aam Aadmi homes to meet family members. be maintained and the spread of Party leader, Shri Sanjay Singh It is a matter of concern for it, the virus could be contained up to stating that the migrant laborers as they were being subjected to maximum. are being subjected to cruelty such a treatment by the Railway and physical torture by the police authorities, which bordered around The Commission observed that authorities in the State of Gujarat. barbarism. The poor laborers cannot it is evident that, due to whatsoever The video clip shows that the be treated in such an inhuman reasons, the migrant laborers driver of a commercial vehicle manner just because they were poor started feeling uncomfortable and and its other occupants are being and the government had paid for started protesting to reach their dragged out by the police and they their tickets. Any shortcoming on native places. It was mandatory on are being beaten up with the sticks. the part of the government agencies the part of the host state to take care The reason of beating is neither cannot be covered under excuse of them and to provide them basic known from the video nor Shri of unprecedented situation amid amenities but the things gradually Sanjay Singh has elaborated the countrywide lockdown. went out of control and the laborers, in large numbers, started details of the incident. However, The Commission noted that a moving on their own by different it is apparent that the poor people, large number of people had fallen modes of transport and thousands as seen in the video clip, are being prey to Covid-19 virus in India of them chose to walk on foot. beaten up on the road by the police and hundreds lost life so far. The Many laborers lost life during their personnel. situation is unprecedented leaving journey on foot and suffered badly. The Commission has the government agencies, scientists After reviewing the situation, the thoroughly gone through the and the public at large totally central government announced contents came before it. The video clueless. Several measures were that special trains will start from clip, if genuine, indicates towards taken by the Central and the State different parts of the country to highhandedness and abuse of governments in accordance with take the migrant laborers to their power by the police authorities the guidelines issued by the World native places. making it a fi t case for intervention Health Organization, NDMA by the Commission as the and the ICMR. The country had The trains started operating human rights of the victims have been put under lockdown since and the ticket charges were being apparently been violated by the 23.03.2020 to stop the spread of the borne by the central and the state public servants. Covid-19 virus. From time to time governments but the sufferings of on the basis of review reports, the the poor laborers are not seemingly The Commission, therefore, government had eased the norms of coming to an end. There have had takes suo-motu cognizance of the lockdown and various facilities had been several media reports stating matter and directs issuance of been restored. that in many cases, the laborers notice to the Director General of were being called to board the Police, Gujarat calling for a detailed Nevertheless, it noted that, train. They were brought to the report in the matter, within four the complaints are being received railway stations in buses without weeks. The report is expected to from different parts of the country maintaining social distancing. include the details of the incident, regarding unnecessary harassment They were put to wait for hours present health status of the victims of people by the public authorities. without any arrangements of and status of the action taken It has emerged from the entire drinking water, food, shaded against the delinquent police scenario that the people belonging shelter and toilets for them. The personnel.

8 HUMAN RIGHTS NEWSLETTER, JUNE, 2020

Cases of Human Rights Defenders

he Commission registered 11 cases the problems of migrant workers complaint to the Commission for Tof alleged Harassment of Human in the state . It is alleged that the urgent intervention has alleged Right Defenders during the month of registration of FIRs against such about detention and harassment May 2020. Summary of some of these journalists, who were merely of one Dr. Sandeep Pandey, who cases is as under: discharging their duty as human is said to be Raman Magsaysay rights defenders, amounts to an awardee and nine others by Uttar Case No. 387/6/21/2020 attempt by the state to throttle the Pradesh Police, for distributing The complainant, Mr. Dhana freedom of press. The case is under pamphlets wherein Citizenship Kumar, convenor of the Campaign consideration of the Commission. Amendment Act was criticized, during anti CAA protests in Against Torture (CAT), Delhi based Case No. 8486/24/32/2020 NGO, in an online complaint, has . The case is under made an appeal to the Commission The complainant, Mr. Henri consideration of the Commission. for urgent intervention on an Tiphagne, National Working Case No.1008/12/5/2020 alleged custodial torture of a Secretary of HRD Alert- India, in farmers’ activist identifi ed as Pal a complaint to the Commission, The complainant, Mr. Henri Ambaliya (55 years) by police while has made an appeal for urgent Tiphagne, National Working in the custody at Pradyumannagar action on an issue involving Secretary of HRD Alert- India in a Police Station under Rajkot District arbitrary arrest of around 10 HRDs complaint to the Commission for of Gujarat on 20th May 2020. It is of whom nine were students of urgent intervention has alleged stated that the victim, an activist BHU and one was social activists, about false implication of one and a resident of Rajkot area under along with a woman journalist by RTI activist Pawan Malviya by Rajkot District of Gujarat, was fi rst Uttar Pradesh Police in Police of Betul District, Madhya arrested by the police on 20th May District for their involvement Pradesh on ground of spreading 2020 along with four other persons in Padhyatra (Foot march) from fake news regarding distribution for allegedly holding demonstration Chauri-Chaura near to of food grains by public authorities at the Collector’s offi ce over the Rajghat in Delhi, against CAA and during lockdown period. It is also plight of onion and cotton growers. on charges of sharing misleading alleged that till date the victim has Soon after their arrest the police information on CAA and National not received a copy of FIR which released all fi ve persons but, in Register of Citizens (NRC). It is amounts to violation of guidelines the evening, the said activist was also stated that though SDM had of Apex Court in D.K. Basu Case. again arrested and taken to the granted conditional bail to these The case is under consideration of Pradyumannagar police station HRDs but the imposed conditions, the Commission namely bail bond of Rs. 2.5 lakhs where he was mercilessly beaten Case No. 1075/4/4/2020 by the police. The victim suffered each and two gazetted persons serious injuries and he was taken per individuals as guarantors has The complainant, Mr. Henri to the Rajkot Civil Hospital for made it diffi cult to get a bail as no Tiphagne, National Working treatment. The case is under gazetted offi cer is ready to become Secretary of HRD Alert- India in consideration of the Commission. a guarantor for them. Currently, a complaint to the Commission these HRDs are in Ghazipur Jail. for urgent intervention has alleged Case No. 84/8/11/2020 It is alleged that the arbitrary about false implication and torture The complainant, Mr. Rajhans arrest, harassment and unusual of one 75 years old RTI activist Bansal, Director of NGO- Center bail conditions imposed on those Girish Prasad Gupta by Public for Human Rights, in a complaint HRDs are a direct attack on the authorities of Beghusarai District, to the Commission, has alleged Human rights of the Human Rights Bihar for using RTI as mechanism that during lockdown period, 14 Defenders. The case is under to defend human rights. The case FIRs were registered against six consideration of the Commission. is under consideration of the journalists by Administration Case No. 8488/24/48/2020 Commission. of Solan and Mandi Districts Case No. 324/6/23/2020 of Himachal Pradesh, for their The complainant Mr. Henri reporting in print and social media, Tiphagne , National Working The complainant, Mr. Henri wherein they had highlighted Secretary of HRD Alert- India in a Tiphagne, National Working

9 HUMAN RIGHTS NEWSLETTER, JUNE, 2020 Secretary of HRD Alert- India in a consideration of the Commission. Bharti, editor of newspaper complaint to the Commission for “Kishangarh Times”, in month of Case No. 741/20/2/2020 urgent intervention has alleged June 2019 in Kishangarh Bas area about harassment, intimidation The complainant, Mr. Henri of Alwar District, Rajasthan, by and detention of one Adv. Bilal Tiphagne, National Working goons hired by local political leader Kazi by the police personnel of Secretary of HRD Alert- India in for publishing news in respect of Kosamba Police Station, District- a complaint to the Commission his land dispute, unauthorized Surat, Gujarat when he was trying for urgent intervention has alleged road construction and other to carry out his work as lawyer about brutal assault with intention unfair business practices. The in a case involving damage to to kill a local senior journalist and case is under consideration of the Mosque property. The case is under human rights defender Daulat Commission.

Cases handled by Focal Point of HRD during Lock down

s a result of the National As per Jail manual, she was also Point wherein help was sought by ALockdown due the COVID being provided Food as applicable the caller, who identifi ed himself 19 Pandemic, the Commission, as to other pregnant jail inmates. as Ramesh Thakur and claimed per the Government guidelines that he is a senior journalist and is Date 1-5-2020 – Complaint did not open the offi ce but has from SC/ST section of the society. was given by HRDA regarding functioned mainly online on He was apprehending that named arrest of one Zubair by A&N Island complaint handling till the offi ce persons mentioned in his message Police and call was received to help opened partially on 20th April, were bent upon to cause a harm in the matter from Delhi Based 2020. The law offi cers assisted to him and to his wife. It was also representative of HRDA. the Commission with the help alleged that they had threatened of online software in processing Action- The matter was taken that they would rape his wife the complaint receipts online up with IG, Law and Order, A&N before going to jail. He requested through HRCNet Portal and sent Island who assured for help in the for immediate help from Focal the directions of the Commission matter and the very same day he Point. to the concerned authorities informed that the said person had Action –The matter was through e-mails. These cases also been released by the police. immediately taken up at around included the cases of Human Rights Date 3-5-2020- Mail was 22.30 hrs with SP, District-Bagaha, Defenders in which the focal point received on HRD mail that West Chaparan, Bihar who assured for them in the Commission took despite applying for E-pass to that he would look into the issue up the matter with the concerned Kanyakumari Collectorate, the and give direction for ensuring Government agencies. Some of the authorities are not issuing e pass to police protection to him. complaints related to lockdown pay a visit by family for cremation Date 11-5-2020 - Complaint was problems are as under:- of one of the sons of the family received on Whatsapp from one Date 29-4-2020-Regarding Action- Matter was taken Ms. Sangita Chakraborty, a HRD HRDA complaint in respect of up with Collector, District- from West Bengal for her support to Ms. Safoora Zargar, Member of Kanyakumari for release of E-Pass Local News Channel that she may Jamia Coordination Committee and extending help to the family. be arrested by local Police. and wherein interalia one of Within half an hour received a Action –The matter was taken the concerns was regarding her mail from the Complainant that an up with SP, Burdwan and SP, health condition in Tihar Jail, E-pass was issued to him. Delhi particularly in view of her Hoogly West Bengal who had pregnancy condition Date 11-5-2020 –Regarding assured for enquiry in the matter. It complaint apprehension of threat was also conveyed that she had not Action –The matter was of life to a senior journalist and his been arrested by the Police as that taken up with IG Prison Delhi, wife in West Champaran District of was her apprehension only. After who conveyed that the jail Bihar due enquiry the later authority had administration had received her submitted a report, which is under medical prescription and jail Complaint- On 11-5-2020, consideration of the Commission. doctors were examining it and will at around 21.45 hrs, whatsapp provide the medicine accordingly. message was received by Focal Date 17-5-2020 - Regarding

10 HUMAN RIGHTS NEWSLETTER, JUNE, 2020 alleged arrest of President of Delhi the police had advised him to who assured for enquiry in the Pradesh Congress Committee remain at home. The District, due matter. Further, request has been to confusion created by that person made to her to rather extend a help Complaint details – Complaint in mind of migrant workers, is now to her for her relief efforts in recent was received on Whatsapp of Focal facing even more problems. The situation due to cyclone in that Point that one Adv Sunil Kumar, police was having video recording area. Yesterday itself, relief material Chairman Legal & Human Rights, of the whole incident and will be has been handed over to her. DPCC that one Chaudhary Anil registering an FIR soon. So as of Kumar, President Delhi Pradesh Date 27-5-2020- Telephonic call now no arrest has been made. Congress Committee has been was received from one Ms. Archana illegally detained by Delhi Police at The complainant was Saxena, claiming to be Group A his residence at Dallupura, Mayur accordingly informed who rather Offi cer of UP Govt for help as at Vihar, New Delhi. Kindly take thanked the Commission for taking present she stated that she was urgent action. up the issue with the Police. penniless, without any shelter and was like a beggar seeking help of Action – The matter was taken Date 27-5-2020 – The Complaint her earlier students for survival. It up with DCP East- District who was received from One Sangita was alleged that UP Govt has not informed that the person in issue Chakraborty regarding issue that paid her dues despite direction by on 16th May, 2020 had instigated she had arranged relief camp on the High Court. migrant workers as a result of 27th May, 2020 at Nimchi Village in which at Gajipur Border of Delhi, District-Basirhat, West Bengal and Action- The case has been large nos. of migrant workers she was roughly treated by police registered in the Commission, in gathered without having proper and local administration and that time the NHRC Focal Point has movement passes, which created her relief material had been taken given a mail to Chief Secretary Law and order situation. It was by the administration. Offi ce, UP Govt for intervention in denied that the said person had the matter. Reply awaited. Action –Matter has been taken been arrested by Delhi Police rather up with DM, Basirhat, West Bangal, Cases from Investigation Division ue to corona lockdown the However, a continued to examine violations, requiring Rapid Action, DInvestigation Division of the the reports and materials collected were also handled successfully Commission could not conduct any by in connection with analysis of besides processing of various case spot enquiry during May, 2020. 158 cases. Six cases of human rights fi les at different stages of disposal.

Recommendations for relief part from the large number the Commission recommended been negligent in protecting them. Aof cases taken up daily by monetary relief amounting to a The specifi c details of these cases can be individual Members 45 cases total of Rs.7,31,10,000/- for the downloaded from the NHRC website by were taken up during 01 sitting victims or their next of kin, where logging the case number given in the of the Divisional Bench-I. On 06 it found that public servants had table below: cases, listed in the table below, either violated human rights or

NHRC RECOMMENDED MONETARY RELIEF FROM 01/01/2020 TO 31/01/2020 Sr File No Inc. Name Amount (in State No Rs.) 1 221/3/1/2016 INACTION BY THE STATE GOVERNMENT / 6,00,000 ASSAM CENTRAL GOVT.OFFICIALS 2 1115/6/23/2015-PCD CUSTODIAL DEATH (Police) 10,00,000 GUJARAT 3 300/6/25/07-08 HAZARDOUS EMPLOYMENTS 7,14,00,000 GUJARAT 4 640/20/8/2018-WC RAPE 50,000 RAJASTHAN 5 23091/24/31/2015 FAILURE IN TAKING LAWFUL ACTION 10,000 UTTAR PRADESH 6 32935/24/16/2016 FAILURE IN TAKING LAWFUL ACTION 50,000 UTTAR PRADESH

11 RNI No. 59340/1994

HUMAN RIGHTS NEWSLETTER, JUNE, 2020

Payment of Relief on NHRC Recommendations: he Commission closed 01 case it has recommended, totaling in May, 2020, can be downloaded from Ton receipt of compliance reports Rs.3,00,000/- the victim of human the NHRC website by logging the case from different public authorities, rights violations or their next of kin. number given in the table below: furnishing proof of payment, The specifi c details of these cases, closed

FROM 01/05/2020 TO 31/05/2020

Sr File No Inc. Name Amount State No (in Rs.)

1 67/25/19/2014-PCD CUSTODIAL DEATH (Police) 300000 WEST BENGAL

Other important seminars/programmes/conferences

Events Delegation Lecture on “Human Rights of Migrant Workers” Ms. Jyotika Kalra, Member, NHRC through Webinar organized by DME Media School, Delhi Metropolitan Education, on 20th May, 2020 Lecture on “Career Opportunities in the Human Ms. Jyotika Kalra, Member, NHRC Rights” through Webinar organized by Placement & Internship Committee of Law Centre I , Faculty of Law, University of Delhi on 26th May, 2020

Human Rights and NHRC in News uring the month of May, 2020, newspapers and some news was a specifi c reference to the Dthe Media & Communication websites. News clippings related to interventions by the NHRC can be Wing of the Commission prepared several incidents of alleged human seen at ‘NHRC-in-News’ on the and issued 10 press releases. rights violations were brought website of the Commission. NHRC More than 3500 news clippings to the notice of the Commission, Twitter handle was also abuzz with on various human rights issues which it considered and found fi t regular tweets on the Commission’s were culled out from different/ for suo motu cognizance. Many intervention & activities. Its select editions of major English and News stories, wherein there followers continue to increase.

Important Telephone Numbers of the Commission: Complaints in May, 2020 Facilitation Centre (Madad) Incharge: Satish NHRC Toll Free No: 14433 For Complaints: Fax No. 011-2465 1332 Complaints received 3998 For Filing online complaints: www.nhrc.in, hrcnet.nic.in, Common Service Centres Other Importance E-mail Addresses [email protected] (For complaints), [email protected] Disposed 5437 (For general queries/correspondence)

Focal point for Human Rights Defenders: Debindra Kundra Under consideration of the Commission 20184 Assistant Registrar (Law) Mobile No. +919999393570, Fax No. 011-2465 1334 E-mail: [email protected]

This Newsletter is also available on the Commission’s website www.nhrc.nic.in NGOs and other organization are welcome to reproduce material of the Newsletter and disseminate it widely acknowledge the NHRC Printed & Published by Jaideep Govind, Secretary General, NHRC on behalf of the National Human Rights Commission and Printed at Power Printers 2/8A, Ansari Road, Daryaganj, New Delhi-110002 and published at National Human Rights Commission, Manav Adhikar Bhawan, Block-C, GPO Complex, INA, New Delhi-110023. Editor: Jaimini Kumar Srivastava, Dy. Director (M&C), NHRC Editor’s Contact Ph.: 91-11-24663381, E-mail: [email protected] The front cover: Painting in 2018 by Ms. Durti Singh, DLF Public School, Class X-F, Sahibabad, U.P. 12