Wednesday, July 29, 2015

Global meeting on testimony at Oxford

I concluded as my remark that without justice, peace promotes culture of silence with impunity. The main learning of all three papers was that elimination of masculinity through participation and empowerment of women in reconciliation process is main the instrument to achieve sustainable peace against war.



Tuesday, July 28, 2015

CCTV directive to jails and police station - Apex court shield against rights violation in custody

CCTV directive to jails and police station - Apex court shield against rights violation in custody
PVCHR writes to NHRC and policy makers on 26 August,2014 ,” Therefore sir, it is a kind request to direct for implementation of this landmark decision not only in Maharastra but in all police station of India to prevent the custodial death and torture in police station with implementation of Hon' ble  D.K Basu guideline.


PVCHR asks to Central and all state Governments to implement immediately judgment of Honourable Supreme Court. 

Friday, July 17, 2015

an intervention by PVCHR NHRC issue order to Rs. give 1 Lakh compensation to Victim

Case Details of File Number: 56/9/3/2012-af
Diary Number
21159
Name of the Complainant

Address
MANAVADHIKAR JAN NIGRANI SAMITI, SA 4/2 A, DAULATPUR,
VARANASI , UTTAR PRADESH
Name of the Victim
ASHIQ HUSSAIN RATHAER
Address
VILLAGE. LESAR,
BARAMULLA , JAMMU & KASHMIR
Place of Incident
BARAMULLA
BARAMULLA , JAMMU & KASHMIR
Date of Incident
1/27/2012
Direction issued by the Commission
This case pertains to a complaint dated 12.02.2012 received from one Shri R.H. Bansal, Human Rights Activist, alleging that the Army personnels had killed one Ashiq Hussain Rather on 10.02.2012 at Baramulla, Jammu & Kashmir. The Commission took cognizance on 15.02.2012 and called for requisite reports from the authorities concerned. In response, the Commission has received Magisterial Enquiry Report and reports from Ministry of Defence and the Deputy Commissioner, Baramulla. Magisterial Enquiry was conducted by SDM Sopore. As per the MER, the role of Commanding Officer of 32 RR was questionable. Major Gopal of 32 RR who was heading the troopers to the village on the day of incident was also responsible as he launched the operation without having being first associated by the police personnel. As per Ministry of Defence report dated 27.08.2013, a Court of Inquiry was ordered by Army Headquarter. It found that it was a case of accident in which a single round was accidently fired from the weapon of one Naik Satendra Singh of 32 RR after he slipped and fell down due to slushy conditions on the night of 10th February, 2012. There was no mala fide intent or negligence on the part of the personnel. The findings and opinion of the Court of Inquiry were approved by GOC, HQ CIF (K)/GOC, HQ 15 Corps and perused by GOS-in-Charge, HQ Northern Command. Punishment of severe reprimand and reduction to a lower grade of pay was awarded to the delinquent army personnel. Office of DGPO, J&K, Jammu informed vide their communication dated 22.10.2012 that FIR vide No. 6/2012 u/s 302 IPC was registered at PS Dangiwacha and it was under investigation. The Deputy Commissioner, Baramulla vide his letter dated 07.08.2014 submitted (i) the proof of payment of Rs. 1.00 lakh to the NOK of the deceased Ashiq Hussain Rather and; (ii) copy of appointment order dated 22.02.2012 in respect of Mohd Iqbal Rather, the brother of the deceased as Class IV in Education Department. The Commission has considered the material on record. State authorities have provided Govt. job to the brother of the deceased and also compensation of Rs. 1.00 to the NOK of the deceased. A criminal case vide FIR No. 6/12 u/s 302 RPC has also been registered. The Competent Court would look into the criminal acts of the delinquent army officials once the chargesheet is filed. In such circumstances, the Commission considers that no further intervention is necessary in the matter. The case is closed. MAIN FILE-38/9/3/2012-AF
Action Taken
Concluded and No Further Action Required (Dated 6/16/2015 )


An intervention of PVCHR in Child Labour case

Case Details of File Number: 1888/30/10/2012-cl
Diary Number
25526
Name of the Complainant
SHIRIN SHABANA KHAN, MEMBER -SENIOR MANAGEMENT TEAM
Address
MANAVADHIKAR JAN NIGRANI SAMITI, SA 4/2 A, DAULATPUR,
VARANASI , UTTAR PRADESH
Name of the Victim
23 RESCUED CHILDREN
Address
KATIHAR,
KATIHAR , BIHAR
Place of Incident
AMAR COLONY
, DELHI
Date of Incident
5/12/2011
Direction issued by the Commission
These proceedings are in continuation of the earlier proceedings of the Commission dated 22.04.14, wherein a reminder was issued to the complainant in the case at the latest address available to submit comments, if any, within four weeks directing that this shall be the last opportunity to the complainant, failing which the Commission shall proceed further on the basis of records available. The Commission has received a complaint dt.02.03.12, from Shirin Shabana Khan, Member, Senior Management Team, Manavadhikar Jan Nigrani Samiti stating therein that 23 abducted children were rescued from Amar Colony and Sonia Vihar. 5 men have been arrested for their abduction from Ghaziabad and East Delhi. These children were either employed as workers in roadside stalls and zari units or as domestic help. They were forced to work for over 12 hours every day. They did not get any payment and were often ill-treated. Amongst 23 children, 4 were rescued from a zari factory in Sonia Vihar. They were in the age group of 8 to 10 years native of Katihar District in Bihar. These kids were brought by one of the accused, Junaiud, who forced them to work in his factory. After medical examination, the children were given shelter at the DMRC Salaq Balak Trust Home at Nirmal Chaya Complex. The 19 children rescued from Amar Colony have also been sent to the Nirmal Chaya Home. Notices have been served to their employers. The accused persons have been arrested and sent to jail. The Joint Labour Commissioner, (South) has submitted the report that the child labour rescue operation was carried out by District task Force on 10.05.11 at area Garhi, Amar Colony, Lajpat Nagar, New Delhi. During the rescue operation 19 child labourers were rescued from hazardous occupation and processes. Out of 19 child labourers, 7 were found below the age of 14. They were produced before the Child Welfare Committee (CWC), Lajpat Nagar, New Delhi on the same day. Vide order of the CWC, they have been sent to Mukti Ashram for care and protection. An FIR has also been registered at the Amar Colony, P.S. u/s 23 and 26 of the J.J. Act, 2000 and Section 3 of Child Labour Act, 1986. An amount of Rs.1,40,000/- has been recovered from the defaulting employers @ Rs.20,000/- per child labour in compliance of the direction of Hon'ble Supreme Court in the matter of Sh. M.C. Mehta V/s State of Tamil Nadu and the same has been deposited with the Delhi Child Labour Rehabilitation-cum-Welfare Society. A list of the rescued children has also been attached with the report. The Addl. Commissioner of Police, Vigilance, Delhi has also submitted the report dated 25.09.12 stating therein that on 10.05.11, the SDM, Kalkaji alongwith member of District Task Force which included Labour Department, NGO Bachpan Bachao Andolan and local police jointly conducted a raid in Lajpat Nagar and 19 children working in hazardous category of work/bonded labour were recovered and a criminal case under the provisions of J.J.Act and Child Labour Act has also been registered at P.S.Amar Colony. The accused persons, namely, Ramesh, Sareed and Saroj Jha have been arrested on the same day. Other employers are still absconding. Investigation of the case is in progress. Rescued children got medically examined and produced before the CWC. Sincere efforts are being made to arrest the accused persons. On 07.05.11, on the complaint of Shri Roop Kishore, a worker of NGO namely, Sewa Bharti, a raid was conducted and 4 children were rescued from the area of Sonia Vihar where children were employed as bonded labour. A case vide FIR No.58/11 u/s 14/3 Child Labour Act, 23/26 JJ Act and 16, 17, 18, 19, 374 Bonded Labour System (Abolition) Act was registered at PS. Sonia Vihar. After completion of the investigation, charge sheet has been submitted in the case. The Commission examined the police report as well as the report submitted by the Labour Department. During enquiry it was found that child labour rescue operation was carried out by District Task Force on 10.05.11 at area Garhi, Amar Colony, Lajpat Nagar, New Delhi. During the rescue operation, 19 child labourers were rescued from hazardous occupation and processes. Out of 19 child labourers, 7 were found below the age of 14 years, therefore, the child labourers were produced before the Child Welfare Committee, Lajpat Nagar, New Delhi on the same day. The CWC vide order dated 10.05.11 sent all the children to Mukti Ashram for care and protection. The FIR was also registered by the Amar Colony P.S. vide FIR No.181/2011 u/s 23 and 26 of J.J. Act and Section 3 of Child Labour Act. An amount of Rs. 1,40,000/- has been recovered from the defaulting employer @ Rs.20,000/- per child labour in compliance of direction of Hon'ble Supreme Court of India. The rescued 19 children were got medically examined by the Medical Board of Safdarjung Hospital, New Delhi. Out of 19 child labourers, four child labourers were found engaged in 'Dhaba'/hotel. Rs.80,000/- have been recovered in favour of Delhi Child Labour Rehabilitation-cum-Welfare Society and have been deposited accordingly. The management has deposited DD for an amount of Rs.80,000/- in respect of four child labourers. During the course of rescue operation, three child labourers were found engaged in the zari embroidery work. The defaulting employer has deposited Rs.20,000/- in respect of each child employed in favour of Delhi Child Labour Rehabilitation-cum-Welfare Society. They have also deposited DD accordingly. The police alongwith voluntary NGO Shakti Wahini rescued four child labourers. These child labourers were engaged in the mala making. This category of occupation does not fall in the item list of Schedule part A & B of the Child Labour Act, 1986. Hence recovery of Rs.20,000/- in respect of each child labour is not applicable. The police have lodged an FIR u/s 14/3 of the Child Labour Act and u/s 23/26 of JJ Act, u/s 16, 17, 18, 19 of the Bonded Labour System Abolition Act, 1976 and u/s 374 of the IPC against the employer. As per order of the CWC, all the children have been sent to Mukti Ashram for care and protection. The accused persons have been challaned under relevant provisions of the law. The amount recovered has been deposited with the Child Welfare Society. The accused persons have been arrested and sent to jail. After investigation, charge sheet has been submitted against them which is pending in the Court for judicial verdict. As the charge sheet has been submitted against the accused persons and the rescued children have been sent to Mukti Ashram as per order of the CWC, hence no further intervention by the Commission appears to be called for. The case is CLOSED.
Action Taken
Concluded and No Further Action Required (Dated 6/8/2015 )
Status on 7/17/2015
The Case is Closed.


An intervention of PVCHR


Case Details of File Number: 1827/30/5/2012
Diary Number
26485
Name of the Complainant
RAGHIB ALI, MEMBER GOVERNING BOARD
Address
MANAVADHIKAR JAN NIGRANI SAMITI, SA 4/2 A, DAULATPUR,
VARANASI , UTTAR PRADESH
Name of the Victim
SHARDA PRASAD TIWARI & WIFE SHOBHA
Address
HARSH VIHAR,
NORTH EAST DELHI , DELHI
Place of Incident
HARSH VIHAR
NORTH EAST DELHI , DELHI
Date of Incident
Not Mentioned
Direction issued by the Commission
These proceedings are in continuation of the earlier proceedings of the Commission dated 09.04.13, wherein reports of the concerned authorities were transmitted to the complainant for comments within four weeks. The Commission has received a complaint dated 03.03.12 from Raghib Ali, Member, Governing Board, Manavadhikar Jan Nigrani Samiti, Daulatpur, Varanasi, U.P. enclosing therewith the news report of Indian Express, Delhi dated 02.06.11 in which it has been alleged that the parents of 21-year old man who eloped with a minor from the neighbourhood were shot dead by three men in their Harsh Vihar home in North-East Delhi. Police suspect the girl's brother is involved in the murder of the deceased persons. The murders took place before hours before the victims alongwith their son, Durgesh who were to attend a hearing in a Karkardooma Court on whether the girl, now over 18 years of age and Durgesh can live together as a married couple. At present, the girl is living in her village Khoda Bacheri, U.P. Durgesh works in Jammu and had come to Delhi at around 03.00 a.m. on Wednesday to attend the hearing. The case has been registered at P.S. but no further action has been taken by the police so far. In compliance of the Orders of the Commission, the Additional Commissioner of Police, Vigilance, Delhi, has submitted the report dated 07.09.12 stating therein that the matter was enquired into and found that an information was received at P.S. Harsh Vihar that some persons fired (gun shot), at the parents of Shri Durgesh s/o Shri Sharda Prashad Tiwari at house No.97, Gali No.7, near Saboli Phatak, Delhi and killed them. A case FIR No.79/11 u/s 302,449, 452, 34 IPC was registered at PS Harsh Vihar against the suspects During the course of investigation accused persons, Padam Singh, Bhushan, Jahangir, Rattan Singh, Mahinder, Sonu and Rakesh were arrested. The charge sheet of the case was prepared against the accused persons and sent to Court for judicial verdict on 03.09.11. Other allegations against the police officers could not be substantiated. A copy of the police report was also transmitted to the complainant for comments and he has submitted his comments dated 30.05.13 stating therein that the accused persons have committed brutal murder to the parents of Mr. Durgesh which is clear violation of human rights, hence strict action should be taken against the accused persons. The Commission considered the police report. During enquiry, it was found that the parent of Mr. Durgesh was shot dead by the accused persons. A case FIR No.79/11 u/s 302,449, 452, 34 IPC was registered against the accused persons at P.S., Harsh Vihar. The accused persons has been arrested and sent to jail. After investigation charge sheet has been submitted against all the accused persons. Now, the case is pending before the Court for judicial verdict. Other allegations against the police found baseless and false. As charge   sheet has been submitted in the case, hence no further intervention by the Commission appears to be called for. Case is closed.
Action Taken
Concluded and No Further Action Required (Dated 6/8/2015 )
Status on 7/17/2015
The Case is Closed.



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