“The complainant alleged that a constable of Mirzamurad police station of Varanasi district sexually assaulted a deaf and dumb child in the police station.”
TNN | Aug 17, 2012, 06.22AM IST
VARANASI: The National Human Right Commission (NHRC) has asked the state government to pay Rs 3 lakh [$5,380 US] as compensation to a deaf and dumb boy for the violation of hishuman rights by government personnel.
The NHRC has directed that the compensation amount to be deposited in a nationalised bank as fixed deposit in the boy’s account under guardianship of a responsible government official. The principal and accrued interest will be given to the victim when he becomes a major. A copy of the FD, bearing an acknowledgement of the child, should reach the Commission within eight weeks. The Commission should also be informed whether adequate arrangements have been made by the government, regarding upbringing and vocational education of the orphan deaf and dumb child.
Executive director of People’s Vigilance Committee on Human Rights ( PVCHR) Lenin Raghuvanshi lodged a complaint with NHRC in this regard on August 27, 2011. The complainant alleged that a constable of Mirzamurad police station of Varanasi district sexually assaulted a deaf and dumb child in the police station.
It has also been alleged that the child was continuously being exploited in the police station for the last four months. The Commission, in its proceedings, dated March 13, 2012, told the DGP that the allegation of sexual harassment was found true. It also censured sub-inspector Dharmbir Singh and constable Anjani Kumar Paswan for physically assaulting a deaf and dumb child and not taking appropriate action in the matter.
The Commission has considered the material placed on the record and found that the boy was kept illegally in the police station for a long period and physically assaulted. This establishes serious violations of the human rights of the child by public servants of the Uttar Pradesh. Let a notice u/s 18 (a) (i) of the Protection of Human Rights Act, 1993 be issued to the government of Uttar Pradesh, through its chief secretary, requiring him to show cause why compensation be not recommended to the victim for gross violation of his human rights by the policemen. The DGP be asked to inform regarding the rehabilitation of the child. A response is expected within eight weeks, NHRC stated.
Pursuant to the communications of the Commission, the additional director general of police (human rights), Uttar Pradesh informed on 9.05.2012 that as per orders of the Child Welfare Committee, counselling was conducted by Child Line, Ram Nagar, Varanasi and the matter was published in the newspapers but nobody came forward to adopt the deaf and dumb child, who writes his name as ‘Mashay’. The letter further states that the child has been kept in Netaji Subash Chandra Bose Sewa Samiti, Jagdishpur, Sultanpur as per the decision taken by the committee.
The Commission also received letter (dated 30.05.2012) sent by secretary, home (human rights), Section – I, Government of Uttar Pradesh, stating that the then Mirzamurad SHO Dhramveer Singh and constable Anjani Kumar Paswan have been found guilty for assaulting the child and not taking legal action. A penalty of censure has been imposed upon both of them for their lapses. The letter further states that the family of the deaf and dumb child could not be traced.
The Commission considered the reply of its show cause notice dated 21.03.2012 received from the secretary, home (human rights), Section – I, Government of Uttar Pradesh and observes that there was apparent violation of human rights of the deaf and dumb orphan child in the police station.
The contention of the state government that the deaf and dumb child should not be provided any interim relief because his family could not be traced, is neither tenable nor acceptable. Indeed, the child needs more assistance from the State if he has no shelter of his family.
Therefore, the Commission asked the government of Uttar Pradesh through its chief secretary to pay Rs 3 lakh as compensation to the victim. The compensation money should be deposited in a nationalised bank as fixed deposit in the child’s account under guardianship of a responsible government official. The principal and accrued interest will be given to the victim when he becomes a major.
“We received the communication from the NHRC in this regard on August 14,” Raghuvanshi said on Thursday, adding that the NHRC’s law division wrote letter to the chief secretary, UP government in this regard on July 19.
Source: TheTimes of India