BAMCEF UNIFICATION CONFERENCE 7

Published on 10 Mar 2013 ALL INDIA BAMCEF UNIFICATION CONFERENCE HELD AT Dr.B. R. AMBEDKAR BHAVAN,DADAR,MUMBAI ON 2ND AND 3RD MARCH 2013. Mr.PALASH BISWAS (JOURNALIST -KOLKATA) DELIVERING HER SPEECH. http://www.youtube.com/watch?v=oLL-n6MrcoM http://youtu.be/oLL-n6MrcoM

Monday, May 23, 2011

Fwd: [Right to Education] LIST OF SUO-MOTU CASES REGISTERED DURING THE...



---------- Forwarded message ----------
From: Anil Parashar <notification+kr4marbae4mn@facebookmail.com>
Date: Mon, May 23, 2011 at 6:15 PM
Subject: [Right to Education] LIST OF SUO-MOTU CASES REGISTERED DURING THE...
To: Palash Biswas <palashbiswaskl@gmail.com>


LIST OF SUO-MOTU CASES REGISTERED DURING THE PERIOD  W.E.F. 01.01.2011 TO 30.04.2011 AND STATUS OF ACTION TAKEN BY THE NHRC.  361/1/20/2011  The Commission has taken  cognizance of a press report captioned "Srikakulam cops book 90-yr-old for murder" that appeared in, 'The Mail Today', Delhi dated 25.3.2011. As per the report, the villagers of Vadditandra Kakarapalli and surrounding areas started an agitation against setting up of a proposed 2640 MW thermal power plant at the nearby Kakarapalli village by East Coast Energy Private Limited.  The villagers alleged that the power plant is coming up on a wetland, which would endanger their livelihood.  During the agitation on 25th February 2011, one fisherman was killed, several women, including Ananta Manikyamma, aged 90 years, Karunya Savitri, aged 65 years, Vadarevu Seethamma, aged 55 years, besides some 400 men were booked in connection with the incident under Sections 147, 148, 149, 120-B, 307, 332 and 353 of the  IPC  for  the  offence  of   unlawful  assembly  and  possessing weapons with a view to kill.  The press report further claims that several women, including Ananta Manikyamma was booked by the police in serious offences without application of mind inasmuch as how a 90 year old woman, who cannot walk properly even with the help of her walking stick, can attack policemen, leave alone attempting to murder them.  The Commission has observed that the contents of the press report, if true, raise serious issues of violation of human rights of the persons to be displaced by setting up of a thermal power plant in general and the deceased/ injured in particular and vide its proceedings dated 29.03.11 has called for a report in the matter from the Chief Secretary and Director General of Police, Government of Andhra Pradesh, Hyderabad. The Chief Secretary has also been directed to inform the Commission as to what guidelines are being followed, while setting up the thermal power plant in Kakarapalli village for compensation and rehabilitation of the proposed displaced persons. Report is awaited.  703/7/3/2011  The Commission has taken suo-motu cognizance of a news report, captioned  "Faridabad mein do badmash dher" appeared in the Delhi edition of Hindi daily- 'Navbharat Times' dated 28.03.11.  As per the news report, two criminals were killed in an encounter with the police personnel of crime branch in Faridabad District. One criminal is reported to have fled from the spot. As per the police version, Nitin Sharma, a resident of Village Bheen alongwith his two accomplices Jagdeep(Koshi) and Ranbir(Kharrot) was going on the motorcycle towards Palwal from Bharatpur, Rajasthan to collect extortion money of Rs.20 lakhs from the jeweller. On receiving an information, police officials of crime  branch Palwal started checking near Karman Border. When the bike of the criminals reached near the checking point, police tried to over-power them.  However, the police claims that criminals opened fire and tried to run away towards Jheena drain. Police opened fire in the retaliation and Nitin and Jagdeep died on the spot in police firing. Randhir jumped into the drain and succeeded to escape from the spot. Superintendent of Police, Sh. Anil Dhawan, told media persons that the absconded criminal Randhir is younger brother of notorious criminal Bacchu Singh and he was also involved in the murder of Sub-Inspector to get him (Bacchu Singh) released from police custody.   The Commission vide proceedings dated 13.04.11 has directed the Director General of Police, Haryana, District Magistrate, Faridabad, and Commissioner of Police, Faridabad,  to take appropriate action with regard to the investigation of the case as per guidelines laid down by the Commission in the letter dated 12th May, 2010 of the Chairperson, NHRC to the Chief Ministers of all States. They have been further asked to send Magisterial Inquiry Report, Inquest Report, Post Mortem Report alongwith report of independent investigation and explanation for not sending the intimation as per guidelines of the Commission  within eight weeks. Report is awaited.  Case No. :55/12/0/2011  The Commission has taken suo-motu cognizance of a news report under the caption "Father has to trek 14 km with daughter's body for postmortem" carried by the English Daily The Indian Express' of 11.01.2011.   As per the report, Kumari Sohaga, aged 16 years, daughter of Shri Gokul Gond, resident of Dudhmunia village, allegedly consumed poison.  The local police did the panchnama and told the father to get the autopsy done.  The poor farmer put his daughter's body on a makeshift bier, tied it to the carrier of his bicycle and trekked 14 kms. to Anuppur for postmortem.  His ordeal ended 3 kms short of the postmortem centre when some residents of Anuppur called the local Congress MLA, who took him to the office of the SP.  Thereafter the Collector of the District arranged a hearse van, which was used to take the body back to the village.    The Commission issued notices to the Chief Secretary and the DGP of the State of Madhya Pradesh.   Pursuant to the directions of the Commission, the DGP, Madhya Pradesh, has sent his report vide letter dated 05.02.2011.  The report says that ASI Sunder Lal Tiwari, who conducted the inquest proceedings, made efforts to find out some vehicle for transportation of the body to the postmortem centre. However, he could not find even a bullock cart for the purpose and the father of the deceased had to carry the body to Anuppur on his bicycle.  The report further says that ASI Sunder Lal Tiwari has been suspended and has been issued a chargesheet for departmental inquiry.  All the SSPs in the State have been issued instructions to see that such incidents do not recur.   Upon consideration of the report, the Commission observed as under
Anil Parashar 6:15pm May 23
LIST OF SUO-MOTU CASES REGISTERED DURING THE PERIOD W.E.F. 01.01.2011 TO 30.04.2011 AND STATUS OF ACTION TAKEN BY THE NHRC.

361/1/20/2011

The Commission has taken cognizance of a press report captioned "Srikakulam cops book 90-yr-old for murder" that appeared in, 'The Mail Today', Delhi dated 25.3.2011. As per the report, the villagers of Vadditandra Kakarapalli and surrounding areas started an agitation against setting up of a proposed 2640 MW thermal power plant at the nearby Kakarapalli village by East Coast Energy Private Limited. The villagers alleged that the power plant is coming up on a wetland, which would endanger their livelihood. During the agitation on 25th February 2011, one fisherman was killed, several women, including Ananta Manikyamma, aged 90 years, Karunya Savitri, aged 65 years, Vadarevu Seethamma, aged 55 years, besides some 400 men were booked in connection with the incident under Sections 147, 148, 149, 120-B, 307, 332 and 353 of the IPC for the offence of unlawful assembly and possessing weapons with a view to kill. The press report further claims that several women, including Ananta Manikyamma was booked by the police in serious offences without application of mind inasmuch as how a 90 year old woman, who cannot walk properly even with the help of her walking stick, can attack policemen, leave alone attempting to murder them.

The Commission has observed that the contents of the press report, if true, raise serious issues of violation of human rights of the persons to be displaced by setting up of a thermal power plant in general and the deceased/ injured in particular and vide its proceedings dated 29.03.11 has called for a report in the matter from the Chief Secretary and Director General of Police, Government of Andhra Pradesh, Hyderabad. The Chief Secretary has also been directed to inform the Commission as to what guidelines are being followed, while setting up the thermal power plant in Kakarapalli village for compensation and rehabilitation of the proposed displaced persons. Report is awaited.

703/7/3/2011

The Commission has taken suo-motu cognizance of a news report, captioned "Faridabad mein do badmash dher" appeared in the Delhi edition of Hindi daily- 'Navbharat Times' dated 28.03.11. As per the news report, two criminals were killed in an encounter with the police personnel of crime branch in Faridabad District. One criminal is reported to have fled from the spot. As per the police version, Nitin Sharma, a resident of Village Bheen alongwith his two accomplices Jagdeep(Koshi) and Ranbir(Kharrot) was going on the motorcycle towards Palwal from Bharatpur, Rajasthan to collect extortion money of Rs.20 lakhs from the jeweller. On receiving an information, police officials of crime branch Palwal started checking near Karman Border. When the bike of the criminals reached near the checking point, police tried to over-power them. However, the police claims that criminals opened fire and tried to run away towards Jheena drain. Police opened fire in the retaliation and Nitin and Jagdeep died on the spot in police firing. Randhir jumped into the drain and succeeded to escape from the spot. Superintendent of Police, Sh. Anil Dhawan, told media persons that the absconded criminal Randhir is younger brother of notorious criminal Bacchu Singh and he was also involved in the murder of Sub-Inspector to get him (Bacchu Singh) released from police custody.

The Commission vide proceedings dated 13.04.11 has directed the Director General of Police, Haryana, District Magistrate, Faridabad, and Commissioner of Police, Faridabad, to take appropriate action with regard to the investigation of the case as per guidelines laid down by the Commission in the letter dated 12th May, 2010 of the Chairperson, NHRC to the Chief Ministers of all States. They have been further asked to send Magisterial Inquiry Report, Inquest Report, Post Mortem Report alongwith report of independent investigation and explanation for not sending the intimation as per guidelines of the Commission within eight weeks. Report is awaited.

Case No. :55/12/0/2011

The Commission has taken suo-motu cognizance of a news report under the caption "Father has to trek 14 km with daughter's body for postmortem" carried by the English Daily `The Indian Express' of 11.01.2011. As per the report, Kumari Sohaga, aged 16 years, daughter of Shri Gokul Gond, resident of Dudhmunia village, allegedly consumed poison. The local police did the panchnama and told the father to get the autopsy done. The poor farmer put his daughter's body on a makeshift bier, tied it to the carrier of his bicycle and trekked 14 kms. to Anuppur for postmortem. His ordeal ended 3 kms short of the postmortem centre when some residents of Anuppur called the local Congress MLA, who took him to the office of the SP. Thereafter the Collector of the District arranged a hearse van, which was used to take the body back to the village.

The Commission issued notices to the Chief Secretary and the DGP of the State of Madhya Pradesh.

Pursuant to the directions of the Commission, the DGP, Madhya Pradesh, has sent his report vide letter dated 05.02.2011. The report says that ASI Sunder Lal Tiwari, who conducted the inquest proceedings, made efforts to find out some vehicle for transportation of the body to the postmortem centre. However, he could not find even a bullock cart for the purpose and the father of the deceased had to carry the body to Anuppur on his bicycle. The report further says that ASI Sunder Lal Tiwari has been suspended and has been issued a chargesheet for departmental inquiry. All the SSPs in the State have been issued instructions to see that such incidents do not recur.
Upon consideration of the report, the Commission observed as under"
"The news report under consideration has been confirmed by the DGP. The police failed in its duty to arrange transportation of the dead body to the postmortem centre as a result of which the father of the deceased had to carry the body on his bicycle. The incident amounts to violation of human right of dignity in death and the State must compensate the next of kin of the deceased."

The Commission has issued notice U/S 18 (a) (i) of the Protection of Human Rights Act, 1993, to the Government of Madhya Pradesh, through its Chief Secretary, to show cause as to why the Commission should not recommend monetary relief for the next of kin of the deceased Kumari Sohaga. Reply to show cause notice is awaited.

Case No. 438/12/28/2011

Taking suo-motu cognizance of a news report captioned "Fed hormones, kids pushed into sex trade", appeared in 'The Hindustan Times' dated 24.03.2011, the Commission vide proceedings dated 24.03.2011 has called for a detailed report from the Chief Secretary and DGP, Madhya Pradesh. As per the report, members of Banchara tribe in Mandsaur district in Madhya Pradesh have taken to abducting young girls, pumping them with hormones and steroids to hasten their physical growth and selling them into the flesh trade. The police is reported to have recently rescued 21 abducted girls, aged between one and eight, from brothels in a series of raids. The report reveals that some of the persons arrested in the raids have admitted to giving estrogen (a Hormone) and steroids such penisolone dexona and kenacort dexona to the victims. The impact of the drugs can be devastating on the young ones, the report adds. A senior endocrinologist at the AIIMS, New Delhi says, the administration of such drugs would have harmful effects such as abnormal hair growth in the form of a beard or moustache, and a lot of unnecessary weight in girls as young as one year of age.

Since the report has not been received within the stipulated time, reminder has been issued to the Chief Secretary & DGP, Madhya Pradesh to submit report.

Case No. 2/14/4/2011

During the meeting of the Core Group of NGOs Mr. Henri Tiphagne raised the issue of restrictions imposed by the Manipur Government on relatives and friends who desire to meet Ms. Iroma Sharmila Chanu, a poet, writer and activist of Manipur who is fighting the provisions of Armed Forces Special Powers Act (AFSPA) and is in solitary confinement in the jail ward of Jawaharlal Nehru Hospital, Imphal and also on a fast unto death for the last ten years.

The Commission took suo-motu cognizance of the issue and called for a report from the Chief Secretary, Govt. of Manipur as to whether restrictions have been imposed on relatives and friends meeting Ms. Sharmila Chanu.

Ms. Irom Sharmila, a poet, writer and activist of Manipur, is stated to be on fast until death on the issue of Armed Forces Special Powers Act. During the meeting of the Core Group of the NGO, Mr. Henri Tiphagne raised the issue of restrictions imposed by the State Government on relatives and friends who desired to meet her, who is confined in the jail ward of the hospital, Imphal.

The Commission took cognizance on 15.01.2011 and called for a report from the Chief Secretary, Government of Manipur.

Pursuant to the directions of the Commission, the Additional Secretary (Home), Government of Manipur, has sent his report dated 18.02.2011. The report says that Ms. Irom Sharmila has been kept in the security ward of JN Hospital as remedial measure in the light of her prolonged fast. Her physical condition is being maintained by the medical personnel of the hospital despite her being on fast for the last ten years. The report further says that permission to meet her is granted by the Government considering the state of her health. During the year 2009, permission was granted to seven persons. In the year 2010, 43 persons were granted permission to see Ms. Irom Sharmila. From the letter addressed by the SP, Imphal, East District, to the Inspector General of Police (HR), a copy of which is on the record, it appears that Ms. Irom Sharmila is in judicial custody in FIR No. 52 (3)/2000 PRT PS U/S 309 IPC.

The Commission vide its proceedings dated 13.04.2011 has called for comments on the report of the Additional Secretary (Home) from Shri Henri Tiphagne who raised the issue during the meeting of the Core Group of NGOs. Comments are awaited.

Case No. 183/19/5/2011

The Commission has taken suo-motu cognizance of a news report, captioned "In Punjab villages, school children need more wheelchairs than toys: Groundwater toxicity in border areas of Ferozepur district has risen to alarming levels" appeared in the Delhi edition of 'The Hindu' dated 11.03.11. As per the news report, groundwater toxicity in more than four dozen villages in the border areas of Punjab's Ferozepur district has risen to such alarming levels that a couple of children have lost their eyesight due to toxicity. Apart form loss of eyesight, people suffered from psoriasis, mutilation of organs, skeletal disorders, skin problems, organ failures, cancer, chronic jaundice, premature graying of hair as well as some mental disorientation.

The Commission has observed that the contents of the news report raise serious issue of violation of human rights of the people due to negligence on the part of the State Government and vide its proceedings dated 17.03.2011 has issued notice to the Chief Secretary, Govt. of Punjab to submit a detailed report in the matter within four weeks.

Since the report has not been received within the stipulated time, reminder has been issued to the Chief Secretary, Govt. of Punjab, to submit report.

Case No. 276/20/19/2011

The Commission has taken cognizance of a news report, captioned '12 Pregnant woman die in 10 days before Jodhpur hospital wakes up, says IV 'tainted' appeared in 'The Indian Express' dated 25.02.2011. As per the news report, 12 pregnant women died in a hospital in Jodhpur, Rajasthan before the state health authorities suspected that they might have died after having been administered "infected" intravenous "dextrose and ringer lactose" fluids. Five pregnant women are stated to be in serious condition. Two foetuses died in utero (before being born) while the other ten survived.

The Commission vide its proceedings dated 1.03.2011 called for a detailed report from the Chief Secretary, Govt. of Rajasthan. Since the report was not received within the stipulated time, a reminder has been issued to the Chief Secretary, Govt. of Rajasthan to submit a detailed report in the matter within four weeks positively.

Since the report has not been received within the stipulated time, reminder has been issued to the Chief Secretary, Govt. of Rajasthan to submit report.

Case No.: 1524/24/4/2011

The Commission has taken cognizance of a press report captioned "Couple thrown from moving train, man dies" that appeared in the 'Times of India' dated 7.1.2011. As per the press report, Smt. Malti Devi and her husband, Shri Rameshwar Mandal, resident of Village Nardhu Tola Basaitha, District Saharsa, Bihar had a general ticket from Allahabad to Bhagalpur. They were travelling in reserved coach without proper tickets. They were thrown off the moving Swatantra Senani Express Train allegedly by the Train Ticket Examiner (TTE) on Wednesday leading to the death of the husband and causing injuries to the wife. An FIR was lodged with the Government Railway Police, Muzaffarpur against an unidentified T.T.E.

The Commission vide its proceedings dated 11.01.2011 directed to issue notices to the Chairman, Railway Board, New Delhi, Superintendent of Police (GRP), Allahabad, Uttar Pradesh and Superintendent of Police (GRP), Muzaffarpur, Bihar calling upon them to submit a report in the matter within 4 weeks. The Commission has further directed that the Chairman, Railway Board, New Delhi shall, in particular, inform the Commission (i) whether any ex-gratia amount is being paid to the next of kin of the deceased; (ii) whether proper treatment is being given to the wife of the deceased for the injuries suffered by her along with the status of injuries suffered by her and; (iii) whether any disciplinary action has been initiated against the delinquent public servant."

Pursuant to the directions of the Commission, Superintendent of Police(Railways) Muzaffarpur, Bihar, vide communication dated 31.03.2011 has sent a report but the same is not legible. However, no response has been received from Chairman, Railway Board, New Delhi, Superintendent of Police (GRP), Allahabad, Uttar Pradesh.

The Commission vide its proceedings dated 20.04.2011 has directed the Superintendent of Police (GRP), Muzaffarpur, Bihar, to forward a legible copy of the report and issue reminder to Chairman, Railway Board, New Delhi and Superintendent of Police (GRP), Allahabad, Uttar Pradesh to submit report as per directions dated 11.01.2011 of the Commission.

Case No. 4082/24/31/2011

The Commission has taken cognizance of a press report captioned "Dalit students' heads shaved for fee delay" that appeared in the 'Tribune', Delhi dated 4.2.2011. As per the reports, 30 Dalit students of the Institute of Management Studies (IMS) - a privately run institute in Ghaziabad, affiliated to the Uttar Pradesh Technical University, were forced to tonsure their heads as the State Government delayed payment of their fees payable to the Institute. The incident had taken place in January, 2011 and four students submitted their written complaints to the police and sought registration of the case in the matter. According to the report, the Director of the institute Shri Prabal Chakraborty not only humiliated the students but also their parents.

The Commission vide its proceedings dated 24.03.2011 issued notices to the Chief Secretary and DGP, State of Uttar Pradesh to submit a report in the matter within 4 weeks. They were also directed to inform the Commission as to what action has been taken under the Scheduled Castes and Scheduled. Tribes (Prevention of Atrocities) Act, 1989. report is still awaited.

Case No. 6153/24/56/2011-pf

The Commission has taken cognizance of a press report captioned "Phir Wardi ki mar se manavta Sharmasar" which appeared in 'Dainik Jagran' (Moradabad), dated 01.01.2011. The press report inter-alia mentioned that a 12 years old boy, was brutally beaten by RPF constables, because he had entered the Railway platform to sell bottles of water, in unauthorized way. It is further reported that in the course of beating up, his clothes were torn out, and he fainted, but the RPF Jawans, mercilessly dragged him on the platform in naked position in the severe cold of December.

The commission vide proceedings dated 28.02.2011 directed to transmit a copy of the press report to the DG, RPF, Railway Board, New Delhi, and the SP (G.R.P.), Moradabad, U.P. to look into the allegations made in the press report, and to take immediate action in the matter, and to submit an action taken report to the Commission within 4 weeks.

Since report was not received within the stipulated time, a reminder has been issued to the DG, RPF, Railway Board, New Delhi, and the SP (G.R.P.), Moradabad, U.P. to submit report within four weeks positively failing which the Commission shall be constrained to issue coercive process U/S 13 of the Protection of Human Rights Act, 1993.

Case No. 8280/24/56/2011

The Commission has taken cognizance of press report captioned "Police Ne Karigar Ko Peetkar Mar Dala" that appeared in, 'The Amar Ujala', dated 4.3.2011. The press report alleges that the police officials of Police Station Galshaheed, Moradabad picked up one Saleem, aged 55 years, resident of Makbara Hazira from his house and gave him severe beatings on the way to the police station as well as in the police station. Saleem died immediately, after he was released from the police station. As per press report, the deceased was picked up by the police for interrogation, since his son was an accused for purchasing a stolen mobile.

The Commission vide proceedings dated 04.03.2011 issued notices to the Director General of Police, Government of Uttar Pradesh, Lucknow and the Senior Superintendent of Police, Moradabad, Uttar Pradesh to submit a report in the matter within four weeks. Since report was not received within the stipulated time, reminder has been issued to the to the Director General of Police, Government of Uttar Pradesh, Lucknow and the Senior Superintendent of Police, Moradabad, Uttar Pradesh to submit report within four weeks positively failing which the Commission shall be constrained to issue coercive process U/S 13 of the Protection of Human Rights Act, 1993. Two Cases (8337/24/56/2011& 9570/24/56/2011) registered on the same subject have also been linked with this case.

Case No.8947/24/48/2011

The Commission has taken cognizance of a press report captioned "Ugra Saapaaiyon par kaher ban kar tooti Pradesh Police" which appeared in 'Dainik Jagran' (Lucknow), dated 10.03.2011. The press report inter-alia mentioned that during the agitation by the activists of the Samaj Wadi Party at Hajratganj Lucknow, the police on 9th of the March 2011, severely beaten up the activists in the presence of the Senior Police Officers. It is further alleged in the press report that one Anand Singh Bhadoria, the President of Lohia Vahini, was dragged on the road by his hairs, and he was trampled down under the feet of Shri D.K Thakur, DIG of police. The other students leaders named Sunil Singh Sajan, Pradeep Sharma, Kuldeep Singh Yadav, and Ritesh Sahu, were also reportedly severely beaten up by the Police. One Pankaj Yadav, is reported to have suffered injuries by his eye. The press report also contains a photograph showing the accused DIG, D.K Thakur, trampling down one of the activists under his feet, where as other activists is being severely beaten up with stick by other police personnel in the photo. The incidents violence, against Samaj Wadi Party activists by the police, have also been given wide telecasted by the electronics medias.

The Commission vide its proceedings dated 27.04.11 directed to transmit a copy of the press clipping to the Director General of Police, Uttar Pradesh, Lucknow. He was directed to look into the allegations made in the press report, and to submit a report in the matter, for perusal of the Commission. Report is still awaited

Case No.12378/24/6/2011-bl

The Commission has taken cognizance of a story telecast by the CNN International, based on the report of its New Delhi correspondent, Sara Sidner regarding bonded laburerers working in the brick kilns in Domanpur village in Azamgarh district of Uttar Pradesh. As per the CNN short documentary, Sara interviewed three labourers namely, Durgawati, Lalti and Kharban who are forced to work as bonded labourers in a slave like situation in order to repay their debt amount. If the labourers refuse to work, they are abused and beaten. According to the reporter, these labourers working in the brick kilns are not aware that practice of bonded labour has already been abolished by the Government more than 30 years ago.

The Commission vide its proceedings dated 11.04.2011 directed the DG (I) directed to depute a team to make an on the spot enquiry and submit report to the Commission. The matter is still under consideration.

Case No.638/30/6/2011

The commission has taken cognizance of a press report captioned "12- year-old drowns in pit" that appeared in, 'The Hindu', Delhi dated 21.2.2011. The press report alleges that a 12 year old boy, Abhishek, a student of Class IV was playing with his friends, all residents of the nearby Haidarpur village, near the construction site of a hospital around 6 p.m. on 19.02.2011, when he slipped and fell into a 12 feet deep pit. It had no boundary wall and no watchman to caution people and children. A group of villagers reached the spot and fished out the body. They took him to the hospital, where he was declared bought dead. A case under Section 304 (A) I.P.C. has been registered at the Shalimar Bagh police station against the hospital authorities, manely, max Healthcare Institute Limited.

The Commission vide its proceedings dated 24.02.11 has issued notice to the Chief Secretary, Government of NCT of Delhi, the Municipal Commissioner, Municipal Corporation of Delhi and the Director, Max Healthcare Institute Limited to submit a report in the matter within four weeks.

Report is awaited.


Case No. 892/30/2/2011

The Commission has taken cognizance of a report published in the 14th March, 2011 edition of "The Dainik Jagran" wherein it has been reported that a young girl with her leg plastered was dragged holding her hands and legs by the police at the Karkardooma Court in Delhi. The photograph of the incident has also been published. It is clearly evident from the photographs that the young girl was being dragged in a ghastly manner by the police personnel.

The Commission vide its proceedings dated 13.04.2011 made the following observation :
The Commission believes that upholding the dignity and rights of woman in today's society is of prime importance and the state functionaries have to lead by example in this endeavour. Such acts, if any, should be condemned. Women rights and their dignity should not be compromised under any circumstances. The Commission considers this act of police, if true, as violation of human rights.

The Commission has called for a detailed report in the matter from the Commissioner of Police, Delhi.

Report is awaited.

Case No. 967/30/2/2011-cl

The Commission has taken cognizance of a press report captioned "Activists attacked during raid to save child labourers" that appeared in, 'The Times of India', New Delhi dated 18.3.2011. The press report alleges that several activists from an NGO, Bachpan Bachao Andolan (BBA) were attacked on Thursday, 17.3.2011 morning after they had gone to East Delhi to rescue zari workers, who were being subjected to forced labour in the Geeta Colony and Jagatpuri area. It is further alleged in the report that out of the four members of the NGO, who were rushed to the hospital with injuries to their stomach, head, chest and private parts, the condition of Rakesh Sharma and Rizwan is set to be critical due to internal bleeding. While the owners were beating up the activists and abducting the rescued children, the local police stood as mute spectators and the Sub-Divisional Magistrate left the area and the team to its fate.

The Commission vide its proceedings dated 13.03.2011 has observed that the contents of the press report, if true, raise serious issues of violation of human rights not only of the children but also of the defenders of human rights.

The Commission directed the Deputy Commissioner of Police, East Delhi and Sub-Divisional Magistrate, Geeta Colony, Delhi to appear before the Commission in person on 29th March 2011 at 11.00 A.M. to explain their conduct and to inform about status of the action taken with regard to relief and rehabilitation of the rescued children.

Pursuant to the directions of the Commission, Sub-Divisional Magistrate, Gandhi Nagar appeared in person and submitted the detailed report. Perusal of the same reveals that on 17.3.2011 inspecting officer of Labour Department along with police personnel conducted raid and rescued 20 children. 15 representatives of Bachpan Bachao Andolan were already present. The rescued children were brought to the DC office. The mob started misbehaving and manhandling with the members of the Bachpan Bachao Andolan as a result of which some members sustained injuries. It appears that Bachpan Bachao Andolan under estimated the situation of law and order keeping in view the sensitivity of the area where the raid was to be conducted. If they had given some hint of the area where the raid was to be conducted more police force could have been arranged and above ugly situation could have been arrested.

Upon consideration of the report, the Commission vide proceedings dated 26.04.2011 observed and directed as under:
This incident occurred as NGO did not disclose any specific units and addresses in area where the raid was to be conducted and in the absence of information such like incidents cannot be averted.

The Commission has considered the report. The ugly situation took place as the activists of NGO did not inform the concerned authorities. Let copy of the report be sent to Kailash Satyarthi of Bachpan Bachao Andolan for his comments. Response in two weeks.

Comments are awaited.

Case No. 1059/30/0/2011

The commission has taken cognizance of a news item captioned "2,300 kids missing in Delhi" appeared in the Business Line, Delhi dated 23.02.11. As per the report, a total of 17305 children went missing from Delhi between 2008 & 2010 and 2366 children are yet to be traced. According to the report, this information was given by the Minister of State for Home Affairs, Sh. Guru Das Kamath in reply to question in the Lok Sabha. The report further states that more than 4300 children were kidnapped in the past three years.

The Commission has also taken note of another news item captioned "Organized crime behind missing children: CBI", published in 'The Hindustan Times', Delhi dated 23.02.11. As per the report, the CBI has unearthed a nexus of organized crime with identification of over 800 gangs engaged in child trafficking. The involvement of gangs in abduction of children came on record when the CBI told the Delhi High Court in 2006 that there were 815 gangs comprising 4289 members involved in kidnapping of children for prostitution, begging and ransom in India. The report further states that over 60,000 children went missing in India in 2009.

The Commission vide proceedings dated 22.03.11 has sought a detailed report from the Secretary, Ministry of Home Affairs, Govt. of India and the Chief Secretary, Govt. of NCT of Delhi.

Since report has not been received within the stipulated time, a reminder has been issued to the Secretary, Ministry of Home Affairs, Govt. of India and the Chief Secretary, Govt. of NCT of Delhi to submit report.

Case No.103/33/3/2011

The Commission has taken cognizance of a press report captioned "Chhattisgarh villages torched in police rampage" that appeared in, 'The Hindu', dated 23.3.2011. The press report says that in the first week of March 2011, the police and the Central Reserve Polcie Force planned an operation to be conducted by the C.R.P.F.'s elite COBRA Battalion and the police's Koya commandos, a tribal corps of surrendered Maoists and local youth. The operation was planned to destroy an arms facory allegedly being run by Moaoists at Morpalli. The report alleges that during the operations, which continued till 15th March 2011, the members of the operation team torched 37 houses at Morpalli, sexually assaulted several women and killed three persons. It is further alleged that the Koyas burnt about 50 buildings, including homes and granaries. Some of the villagers claim that the Koyas also surrounded Tarmetla and burnt about 200 structures, including homes, granaries and woodsheds.

The Commission vide proceedings dated 28.03.11 has issued notices to the Chief Secretary and Director General of Police, Government of Chhattisgarh as well as Secretary, Ministry of Home, Government of India, New Delhi to submit a report in the matter within two weeks. They have been further directed to inform the Commission as to what steps have been taken by them for rehabilitation of those families whose houses have been burnt. A report has also been sought as to whether any monetary relief is being considered for the victims of violation of human rights. Report is awaited in the matter.

Case No.106/33/3/2011

The Commission has also taken cognizance of a news item appeared in the Newspaper "The Hindu" dated 27.3.2011 under the caption 'Swami Agnivesh, journalists attacked in Dantewada'. The news report deals with the aftermath of a five day anti-maoist operation by security forces in Chattisgarh's Dantewada. It refers to the incident in which about 300 homes and granaries and wood-sheds were torched, three men killed and three women sexually assaulted during a five day anti-Maoist operation in the villages of Tarmetla, Timapuram and Morpalli. It is reported that a large group comprising Special Police Officers of the Chhattisgarh police and members of the Salwa Judum attacked social activist Swami Agnivesh on Saturday (26.3.11) as he attempted to deliver relief to a village allegedly torched by security forces in Dantewada district.

As per the report, Swami Agnivesh was attacked twice in six hours on 26.03.2011 by a mob at Salwa Judum camp at Dornapal. Quoting Swami Agnivesh, it is stated that the mob surrounded him and pelted him with raw eggs, knocked his turban and pushed him around. Reporters at the spot were also manhandled. It is also stated that the security provided proved futile forcing him to return. The SSP and Collector, Dantewada are reported to have been transferred.

While expressing concern over the entire incident, the Commission vide proceedings dated 29.03.11 has sought a factual report from the Chief Secretary and DGP, Chhattisgarh. Report is awaited.

Case No.389/34/11/2011

The Commission has taken cognizance of a press report captioned "In Jharkhand, children slog it out in 'rat holes' to make a living" that appeared in, 'The Hindu', dated 5.4.2011. The press report alleges that a large number of children below 14 years of age are working in illegal coal mines, built unscientifically in Hazaribagh district, Jharkhand. These mines are manned mostly by children.

The press report further alleges that the workers working in these mines come from Orissa, West Bengal, Bihar, Chhattisgarh and Assam. The kins of those, who die in accidents in these mines never get any compensation, as deaths are never recorded. There are no facilities for drinking water and health in the area and the Mahatma Gandhi National Rural Employment Guarantee Scheme has also not been extended in Hazaribagh district.

The Commission vide proceedings dated 06.4.2011 has directed the Chief Secretary, Government of Jharkhand to submit a report with his comments on the following issues:-

a) How many coal mines - legal or illegal are functional in Hazaribagh district and its adjoining areas?

b) What steps have been taken by the State Government for stopping illegal coal mines?

c) What safeguards have been provided to the workers working in legal/ and or illegal coal mines?

d) Whether there is any scheme of the State Government, which ensures health safety of the workers.

e) Whether Mahatma Gandhi National Rural Employment Guarantee Scheme has been extended to Hazaribagh district. And if so, the number of beneficiaries.

f) What steps have been taken by the State Government to prohibit child labour in coal mines?

g) Whether there are sufficient schools in Hazaribagh district and adjoining areas for imparting education to children between the ages of 6 and 14 years. If not what steps are being taken by the State Government in this direction under the Right of Children to Free & Compulsory Education Act, 2009.

Report has not yet been received.

Case No.17/99/4/2011
The Commission has taken cognizance of a news report captioned "Radio-tagging 'sham' university students excessive: India to US" that appeared in the 'Internet on ndtv.com/ ... /sham-university-indian-st ... ' dated 3.2.2011.

The press report mentions that there are about 1555 students at Tri-Valley University (TVU), out of whom ninety five percent students are Indians, most of them from Andhra Pradesh. The passports of the students have been impounded and the navigation device has been fixed on their legs so that the• authorities can know where a student is at any point of time. The Tri-Valley University (TVU) in Pleasanton, a major suburb in San Francisco Bay area, has been charged by federal investigating authorities with being part of an effort to defraud, misuse visa permits and indulge in money laundering and other crimes. Investigations by the US Immigration and Customs Enforcement department (ICE) found that while students were admitted to various residential and on-line courses of the University and on paper lived in California, but in reality they illegally worked in various parts of the country as far as Maryland, Virginia, Pennsylvania and Texas. However, in a petition submitted by students of Tri-Valley University to the US authorities, students point out that they believed this was a bonafide and legitimate university as it was registered with the official Student and Exchange Visitor Information System database.

The report further mentions that the Ministry of External Affairs has conveyed to the US authorities that the students, most of whom are victims themselves, must be treated fairly and reasonably, and that the use of monitors on a group of students, who were detained and later released with monitors in accordance with US laws, is unwarranted and should be removed.

The Commission vide proceedings dated 07.02.11 has directed to forward a copy of the report to the Secretary, Ministry of External Affairs for comments and/or taking appropriate steps in the matter. Since no report has been received within the stipulated time from the Ministry, a reminder has been issued.

Case No. 104799/24/30/2011
The Commission has taken cognizance of a press report captioned "Goons abduct boy from Noida police chowki" that appeared in, 'The Hindustan Times', dated 26.4.2011. The press report says that one Hemchand Sharma was on his way home in Jaitpur, on the Delhi-Noida border, from Sector 164. He saw a group of people beating someone. The victim accidentally fell on Hemchand's motorcycle and the attackers thought he had come to help their victim. While the initial victim fled in the ensuing melee, the miscreants began beating Hemchand. He tried to flee, but was chased by the goons and even shot twice. Luckily, he escaped the bullets. Finding no escape, he drove into a police chowki and cried for help, but to no avail. When he came out on the street shouting for help, the men chasing him kidnapped him and sped towards Ghaziabad and Meerut. However, later on, he escaped and boarded a bus to Rishikesh from where his family brought him back.

The press report further alleges that the cops present at the chowki under Sector 39 Police Station not only refused to help the youth, but they also did not take note of Hemchand's abandoned motorcycle that stood in the premises of the chowki for two days.

The Commission vide its proceedings dated 27.04.11 directed the Chief Secretary and the Director General of Police, Uttar Pradesh to submit a report in the matter to the Commission within four weeks. Report is awaited.

Case No. 14799/24/30/2011

The Commission has taken cognizance of a press report captioned "Goons abduct boy from Noida police chowki" that appeared in, 'The Hindustan Times', dated 26.4.2011. The press report says that one Hemchand Sharma was on his way home in Jaitpur, on the Delhi-Noida border, from Sector 164. He saw a group of people beating someone. The victim accidentally fell on Hemchand's motorcycle and the attackers thought he had come to help their victim. While the initial victim fled in the ensuing melee, the miscreants began beating Hemchand. He tried to flee, but was chased by the goons and even shot twice. Luckily, he escaped the bullets. Finding no escape, he drove into a police chowki and cried for help, but to no avail. When he came out on the street shouting for help, the men chasing him kidnapped him and sped towards Ghaziabad and Meerut. However, later on, he escaped and boarded a bus to Rishikesh from where his family brought him back.

The press report further alleges that the cops present at the chowki under Sector 39 Police Station not only refused to help the youth, but they also did not take note of Hemchand's abandoned motorcycle that stood in the premises of the chowki for two days.

The Commission vide its proceedings dated 27.04.11 has directed the Chief Secretary and the Director General of Police, Uttar Pradesh to submit a report in the matter to the Commission within four weeks. Report is awaited.

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Palash Biswas
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