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NHRC Annual Report 1999-2000

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NHRC Annual Report 1999-2000 National Human Rights Commission Annual Report 1999-2000 Sardar Patel Bhavan Sansad Marg, New Delhi 110 001 Contents 1 1. iNTRODUaiON •3 2. Freedom From Discrimination Discrimination Based on Gender 4 Discrimination Based on Caste 3. Civil Liberties Human Wghts In Areas of Terrorism and Insurgency Custodial Death, Rape and Torture . 72 Encounter Deaths 73 Video Filming of Post-mortem Examination and Revision of Autopsy Forms 23 Visits to Police Lock-ups 75 Systemic Reforms: Police _ 75 Systemic Refonns: Prisons ^1 Human Rights and Administration of Criminal ]ustice 37 Visit to ]ails Conditions of Remand Homes ^ Visit to Detention Centres and Refugee Camps 41 Improvement of Forensic Science Laboratories 42 Large Volume Parenterals: Towards Zero Defect 43 4. Review of Laws, Implementation of Treaties and Other International Instruments of Human Rights 47 Child Marriage Restraint Act, 1929 47 Protection of Human Rights Act, 1993 48 Implementation of Treaties and Other International Instruments 49 5. Rights of the Child: Prevention of Congenital Mental Disabilities ^1 Annual Repon 1999-2000 6. Rights of the Vulnerable 53 Rehabilitation of People Displaced by Mega Prelects 53 Dispensation of Relief to the Orlssa Cyclone-affected 54 Basic Facilities to Plantation Workers in Tamil Nadu 57 Exploitation of Tribals by Landlords/Mafia in Uttar Pradesh 57 7. Abolition of Child Labour and Bonded Labour 59 Child Labour in Various Industries 59 Preventing Employment of Children by Government Servants: Amendment of Service Rules ^2 8. Quality Assurance in Mental Hospitals 65 9. Manual Scavenging ^7 10. Problems of Denotified and Nomadic Tribes 69 Advisory Group on Denotified and Nomadic Tribes 69 11. Torture Convention and Delhi Symposium 71 12. Promotion of Human Rights Literacy and Awareness 73 Mobilising the Educational System 73 Human Rights Education for Police Personnel 74 Human Rights Education for Para-military and Anned Forces Personnel 74 National Institute of Human Rights 75 Internship Scheme 75 Training Material for Staff of Human Rights Commissions 76 Conferences, Seminars and Workshops 76 Publications and the Media 79 Research Programmes and Projects 80 13. Non-Governmental Organizations 83 14. Legal Profession and the Commission 85 15. State Human Rights Commissions and Human Rights Courts 87 16. Complaints Before the Commission 89 Number and Nature 89 Investigation of Cases 9] Illustrative Cases 9^ Contents A Police Brutality 91 A. Custodial Deaths 91 a Custodial death of Hamld In Ralsen district, Madhya Pradesh (CaseNo. 1460/95-96/NHRC) 91 a Death of an accused in police custody due to beating (Case No. 351 /20/97-98/CD) 92 □ Fruit vendor beaten to death by the police for not paying 'hafta': Delhi (CaseNo. 951/96-97/NHRC) 93 □ Death of Nageshwar Singh following torture and humiliation in police custody: Bihar (Case No. 7482/95-96/NHRC) 94 □ Death in custody due to police negligence: Uttar Pradesh (Case No. 3583/24/97-98/CD) 96 □ Suicide in police lock-up: Kolar, Kamataka (CaseNo. 12098/96-97/NHRC) 96 B. Torture 98 □ Torture by Kerala police leading to the death of Hussain (Case No. 64/11 /1999-2000) 98 □ Torture by TIruch! police resulting In the death of Shri Mohan (CaseNo.4444/95-96/NHRC) 99 □ Allegations of death, rape and torture of tribais as a result of actions of the joint task force set up by the Governments of Tamil Nadu and Kamataka to apprehend Veerapan and his associates (Case No. 222/10/97-98, Case No. 534/22/97-98, Case No. 795/22/97-98, CaseNo. 249/10/97-98, Case No. 79/10/99-2000) 100 □ Illegal arrest, unlawful custody and death of a young person: Madhya Pradesh (Case No. 1432/12/97-98/NHRC) 104 □ Custodial torture of Rakesh Kumar Vij: Uttar Pradesh (Case No. 12982/ 96-97) 105 □ Fake implication and torture of Shri Rajiv Rattan by the police (Case No. 9302/95-96) 108 □ Death of DInesh Chandra MIsra owing to torture and beating by the police (CaseNo. 9071/96-97/NHRC) 108 C. Fake Encounters 109 □ Killing of four persons in a fake encounter by the police: Uttar Pradesh (CaseNo. 12235/24/98-99) 109 D. Police Harassment 111 □ Illegal detention: Uttar Pradesh (Case No. 15016/24/98-99) 111 □ High-handed acts of the police: Uttar Pradesh (CaseNo. 1970/94-95/NHRC) 112 a Harassment of a social worker by the police: Uttar Pradesh (Case No. 9646/96-97/NHRC) 113 a Illegal detention/abduction of Rama Rao by the Andhra police (CaseNo.5828/95-96/NHRC) 114 Annual Report 1999-2000 □ Alleged illegal detention and custodial torture of Shri Inder P. Choudhrie In Himachal Pradesh: Administration of the He detector test (Case No. 117/8/97-98) 116 Human Rights Violations: Jail Custody 118 □ Death of Bihar! Babu due to negligence of the doctor: Madhya Pradesh (Case No. 6096/96-97/NHRC) 118 □ Death of Jagannath Pao]l Ingule—Failure on the part of the medical officer to diagnose at an appropriate time: Maharashtra (Case No. 16102/96-97/NHRC) 119 □ Negligence of public authorldes—Death of a witness In the police station: Gujarat (Case No. 7820/96-97/NHRC) 120 a Negligence of a medical officer: Uttar Pradesh (Case No. 7122/24/98-99) 121 □ Death of an Innocent person o^ng to negligence of the state electricity board: Bihar (Case No. 2010/4/98-99) 122 □ Case of Shrl Devi Shanker gunned down by a forest officer: Rajasthan (CaseNo. 16588/96-97/NHRC) 124 □ Death of 64 Innocent labourers and destruction In a village owing to negligence: Bihar (Case No. 5910/95-96/NHRC) 125 □ Death of an Injured person owing to negligence by the police: Bihar (CaseNo. 2054/4/1999-2000) 126 Violation of Rights of ChlWren/Women 127 □ Suicide by a Dalit woman following rape by eight persons Including four constables: Kamataka (Case No. 581 /96-97/NHRC) 127 □ Forcible dispossession of a poor woman: Bihar (Ose No. 1259/4/98-99) 128 □ Rape of a minor Dalit girl by the protectors of law: Uttar Pradesh (CaseNo. 9133/24/98-99) 129 □ False implication of a woman In a murder case: Bihar (Case No. 15573/96-97/NHRC) 131 □ illegal detention of three-year-old child for ten years due to apathy of the police and other authorities (CaseNo. 78/25/98-99) 132 a Education of children of sex workers: Delhi " (CaseNo. 16754/96-97/NHRC) 133 Violation of Rights of Dalits, Minorities, Disabled and Others 134 □ Attacks against Christians In several states (CaseNos. 289/6/1999-2000; 351/6/1999-2000; 295/6/1999-2000; 481/6/1999-2000; 1873/4/1999-2000; 1933/4/1999-2000) 134 □ Facilities for foreign nationals detained at Lampur Seva Sadan: Delhi (Case No. 693/30/97-98) 135 □ Harassment of denotifled and nomadic tribals belonging to the Pardhls community In BIghwan village, Pune, Maharashtra (Case No. 512/13/98-99) 136 □ Atrocities Inflicted on a family In Maharashtra (CaseNo. 1361/94-95/NHRC) 137 □ Death of workers In silicon factories of Madhya Pradesh (Case No. 7894/96-97/NHRC) 137 VI Contents □ Police firing on Dalits: Tamil Nadu {Case No. 172/95-96/NHRC) »39 □ Rehabilitation of physically handicapped: Madhya Pradesh (Case No. 1528/96-97/NHRC) 139 □ Inhuman treatment of mentally Hi patients at SuiunAlavudeen Duriah: Tamil Nadu (Case No. 427/22/1998-99) □ Discrimination against Dalits: Gularat (Case No. 14/6/1999-2000) »42 □ Violation of human rights of members of the Reang community of Mizoram (Case No. 40/16/97-98) 144 Human Mghts Violations by Security Forces 146 □ CustodialdeathofRamasoShinganaisul, afarmerofAwangkhui, Inthe custody of security force personnel (Case No. 49/14/97-98/ACD) 146 □ Jawan rapes mentally disturbed girl In public: Assam (Case No. 27/3/1999-2000) 147 Other Important Cases 148 I □ Alleged Hlllngs of 18 persons by masked gunmen In Baramullah district: }ammu N Kashmir (Case No. 163/9/1998-99) 148 □ Killing of 35 Sikhs by militants In Chadslnghpora:)ammu a Kashmir (Case No. 206/9/1999-2000) 149 □ Mass cremation of unidentified bodies by the Punjab police: Referral by the Supreme Court (Case No. 1/97/NHRC) 149 17. Interaction With External Groups and Organizations 153 18. Administration and Logistic Support 155 Staff 1^^ ^ Special Rapporteurs 1^5 I Use of Offlclal Languages 156 ^ library 156 p. Funds 15^ 19. CoNauDiNG Observations 157 Annexures 15^ 1 Committee on the Elimination of Discrimination against Women 159 2 Committee on the Wghts of the Child 163 3 Role of Human Rights Cells In Sensitising Police Personnel with regard to- Human Rights 171 4 Compliance of NHRC Guldlines regarding Arrest 173 5a Letter to Chief Ministers of Ail States on the District Complaints Authority 175 5b Letter to Chief Justices of the High Courts on Undertrial Prisoners 177 6 Measures for Improving Police-Public Relationship and Confidence 179 7 Circular 181 vu Annual Report 1999-2000 8 Premature Release of Prisoners 133 9 Fixation of Tenure for the Inspectors General of Prisons 189 10 Letter to the Chief Justices of All High Courts Regarding Human Rights 191 11 Letter Regarding Mentally III Persons Languishing in Prisons 193 12 Recommendations of the NHRC for Amendments to the Protection of Human Rights Act,1993 ]95 13 Amendment of Conduct Rules of Government Servants Prohibiting Employment of Children below the Age of 14 as Domestic Help 219 14 Delhi Declaration and Programme of Action on Freedom from Torture 221 15 Statement Giving Number of Cases Registered, Number of Cases Considered, and Number of Cases Processed but Pending Consideration by the Commission during 1999-2000 225 16 State-Wise List of Cases Disposed of/Pending Disposal by the Commission during 1999-2000 227 17 State-Wise Statement of Category of Cases Admitted for Disposal during 1999-2000 229 18 Statement of Custodial Death (Police and Judicial) as Reported by the States/UTs 231 19 Summary of the Report and of the Principal Recommendations 233 Charts at Graphs 245 □ Nature and Categorisation of the Cases Admitted for Disposal by the Commission during 1999-2000 247 a Custodial Deaths during 1998-99 248 □ Custodial Deaths during 1999-2000 249 Q State-Wise Break-up of Complaints Registered during 1999-2000 250 □ Total Complaints Registered during the Last Three Years 251 □ No.
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