Friends,
This is a copy of the letter sent to Chairman NHRC in a very serious matter
raised
by Sri Paramjit Singh , from Jullundhur, Punjab related with the beating of a
child in presence of Patna Police. The NHRC has apparently taken a very casual
view of the entire matter. Hence we all must intervene in this case in our own
way so that such inaction on the part of NHRC does not get repeated.
Nutan Thakur
To,
The Chairman,
NHRC,
New Delhi
Subject- Letter No- 1297/4/26/2010/OC dated 08/07/2010 of the Commission
Sir,
Sri
Paramjit Singh, resident of 34/10, Raj Nagar, Jullundhur, Punjab sent a
letter on 26/05/2010 under the provisions of the RTI Act to the Additional DG
of Police, Bihar. The matter pertained to the beating of a boy and was
based on a news clipping flashed in India TV where an 10 year old orphan
child was badly beaten and tortured in Patna by the Public in the presence of
Police on the allegation of theft. In the clipping many persons were beating,
kicking a helpless child resulting in fracture of his hand. As per the news
clipping, it was all happening in the presence of Police in a Police Station.
Other
than asking the Additional DGP, Bihar for certain information, he also sent a
copy of the letter along with the news clipping to the National Human Rights
Commission.
This is one matter that naturally falls under the realm of the NHRC and
it should immediately have been taken notice, by either enquiring into the
matter itself or at least by seeking a report from the concerned authorities.
But the NHRC did nothing. Instead it closed the matter then and there, sending
a two-line reply dated 08/07/2010 through its Assistant Registrar Law to the
complainant which goes like this-
“The complaint is addressed to other authority with only copy sent to this
Commission. The authority is expected to take appropriate action in this
matter. Hence no further action is called for. File”
Now, the Protection of Human Rights Act, 1993 under section
12 (a) (Functions of the Comission) clearly says that the
Commission shall inquire, suo motu or on a petition presented to it by a victim
or any person on his behalf [or on a direction or order of any
court], into complaint
of (i) violation of human rights or abetment thereof; or (ii) negligence in the
prevention of such violation, by a public servant;
Again if we go to the own
website of NHRC, its FAQ (frequently asked questions) webpage
http://nhrc.nic.in/FAQ.htm itself
says-
1. The Commission may in its discretion, accept telegraphic complaints and
complaints conveyed through FAX or by e-mail. Complaints can also be made on
the mobile telephone number of the Commission.
2.Ordinarily,
complaints of the following nature are not entertained by the Commission:
a) In regard to events which happened more than one year before the making of
the complaints;
b) With regard to matters which are sub-judice;
c) Which are vague, anonymous or pseudonymous;
d) Which are of frivolous nature;
e) Which pertain to service matters.
The complaint letter sent by Sri Paramjit Singh cannot be categorized as being
among any of these categories. It was very clear, specific and had all the
facts pertaining to the matter attached both in the letter and also in the
shape of the news-clipping. At the same time, the matter related with a very
serious issue. We personally don’t seem to agreewith this course of action
taken by the NHRC at all. Thus, we from the Institute for Research and
Documentation in Social Sciences (IRDS), Lucknow on behalf of Sri
Paramjit Singh and other Human Rights activists strongly urge and request you
not only to reconsider the matter but also to give very specific instructions
to the concerned officials in the Commission to refrain from such casual and
inappropriate approach in the future.
Lt No- IRDS/NHRC/ Param/01/10
Dated- 13/07/2010
Regards,
Dr Nutan Thakur,
Secretary, IRDS,
5/426, Viram Khand,
Gomti Nagar,
Lucknow
