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Press Release- NHRC recommends 20 lakhs as monetary relief to the victims of human rights violations in Chhattisgarh

concludes its two day Camp Sitting at Raipur; Recommends 20 lakhs as monetary relief to the victims of human rights violations

New Delhi, April, 12, 2013, NHRC PR

The National Human Rights Commission (NHRC) today concluded its two day camp sitting at , Chattisgarh. On the opening day i.e. 11.04.2013, the took up 27 cases for hearing in the Full and Division Bench Sittings. Six cases were closed after satisfactory replies from the . The Commission recommended about rupees 20 lakhs as monetary relief in different cases of human rights violations.

In a case in which it was alleged that 7000 hysterectomies – uterus removal surgeries had been carried out by unscrupulous doctors in 169 hospitals in Chattisgarh, to claim money under the Rashtriya Swasthya Bima Yojna (RSBY), the Commission has asked the State Government to submit a detailed report within four weeks. The Health Secretary informed that the licenses of nine doctors in Raipur have already been suspended to carry out such operations. On being asked whether the State Government has made an inquiry about such incidents in other parts of the State, the Chief Secretary assured the Commission that random checking would be made in other districts of the State and if any case of unethical practice is found, stringent action would be taken against the offenders.

In the matter of malnutrition of children and pregnant woman, the Commission has asked the State Govt. to monitor the situation and make efforts to ensure that cases of malnutrition are minimized in the State.

In the case of gang rape of 11 minor tribal girls by the teacher and chowkidar of a Govt. tribal hostel in Narharpur in Kanker district, the Commission was informed that all the victims have been paid a compensation of Rs. Two lakhs each from the CM’s Relief Fund and a number of steps have been taken for their rehabilitation. The Commission was informed of the preventive steps taken by the State Govt. to curb such incidents. These include restrictions on the entry of men in girls hostels. If needed to enter, men would be accompanied by a female staff. Monthly medical check-ups are carried out on all residents. The Commission has asked the State Govt. to submit a detailed report about the steps taken by the State Government for rehabilitation of the victim girls so that they could be considered by the Commission for adoption by other states.

In another case of gang rape of minor girl in the Govt. run Amandula Tribal Hostel in Balod District, the Commission has asked the State Govt. to pay compensation of Rs. 1,25,000 in addition to Rs. 25,000 already paid to the victim under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules. The Commission has also asked the State to bear cost of her school/college education and her rehabilitation.

In the case of death of 25 year old under trial prisoner Kunjami Kosa who was lodged in the Central Jail, Jagdalpur, the Commission held the jail authorities responsible for not providing proper medical treatment to the deceased prisoner and recommended to the State Government to pay Rs. Three lakhs as monetary relief to the next of kin of the deceased for violation of his human rights.

In a case of medical negligence in the tubectomy operation of a woman, named Sunita Bai Kashyap in the Govt. Hospital in Kawardha town, the Commission has directed the State Govt. to pay compensation of Rs.2.5 lakhs in addition to the compensation of Rs. 50000 already paid to the next of kin of the deceased. A bundle of cotton gauze, left in the stomach of the victim during the surgery conducted by an ENT specialist, caused infection which led to her death.

In the matter of torture of Soni Sori in police custody, the Commission had sent its two member team to Jagdalpur Jail on 10.04.2013 to meet her to know her condition. informed the team that she has been treated better since the NHRC’s last visit. The Commission has expressed the hope that jail authorities would continue to give proper treatment to in the jail.

The Commission also took up the case of custodial death of one Santosh Dahriya, an accused of kidnapping and raping a minor girl. The victim died due to alleged torture during police custody in Raipur on 19/2/2012. Upon consideration of the reports, the Commission was of the view that it is a case of gross violation of human rights of a jail inmate – violation of the most precious human right i.e.right to life. The Commission found it to be a fit case for granting monetary relief to the next of kin of the deceased. The State Govt. gracefully agreed to comply with the recommendation, if any made by the Commission to grant monetary relief in the case. Accordingly, the Commission recommended to the State Government to pay Rs. Three lakhs as monetary relief to the next of kin of the deceased Santosh Dahriya.

In the cases of death in police action taken up in sitting of the Division Bench, the Commission was not satisfied with the reports submitted by the SP, SIB, Police Headquarters, Raipur in the matter of alleged killing of seventeen tribals including four women in an alleged encounter between a group of naxalites and a police party on 08.01.2009 near village Singaram in Dantewada district. The Commission observed that there were several serious shortcomings in the police investigation, coupled with the evidence of autopsies, they raised serious doubts about the encounter. The Commission directed the DGP, Chattisgarh to seek an explanation of the officer who conducted investigation in the case. The DGP has assured the Commission to get the matter investigated thoroughly and submit a detailed report.

In the case of death of Kunjami Joga in an alleged fake encounter in Kurtrem, , the Commission held that the victim was an innocent villager who was killed, perhaps not intentionally, by the police and therefore it would be appropriate for the State to offer some relief to the next of the kin of the deceased. In response to the Show Cause Notice issued by the Commission, the Chief Secretary submitted that the State would abide by the recommendations made by the Commission for award of monetary relief in the matter. Hence, the Commission recommended monetary relief of Rs. Five Lakhs to the next of kin of the deceased.

In the case of death of a naxalite Ramesh Barumana during encounter with police on 13.5.2009, the Commission on consideration of the reports received from concerned authorities, found it to not to be a genuine encounter and had issued notice to the Govt. of Chattisgarh to show cause as to why it should not recommend monetary relief to the next of kin of the deceased. The State Govt. gracefully agreed that recommendations of the Commission would be carried out by them. Accordingly, the Commission recommended to the State Government to pay Rs. Five lakhs as monetary relief to the next of kin of the deceased.

On the concluding day of the camp sitting, the Commission had an interaction with non-governmental organizations. The points raised by them include harassment of human rights defenders, non-registration or delay in registration of FIR, lack of care of mentally challenged people, non-adherence to the guidelines of the NHRC in the matters of custodial violence and extra judicial killings, delay in issue of caste certificates to tribals etc.

After meeting NGOs, the Commission held discussions with the senior officers of the State Government including the Chief Secretary, DGP, Secretaries of various departments, DMs, SPs and other senior civil, police and jail officers on points raised by the NGOs and on the following issues:

Strategy of the State Government to combat naxalism in the state; Atrocities committed on tribals in districts of Bastar and Dantewada by Police, security forces and Salwa Judum; Relief and rehabilitation of tribal victims of violence by security forces and naxalites; PDS system in the State; Prison Reforms including over-crowding in jails; Human Rights Education at State Level; Indignity to women – practice of witchcraft; Pre-conception & Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) (PCPNDT) Act; Silicosis; Leprosy; Intimation about deaths in police/judicial custody within 24 hours of occurrence; Intimation about death in police encounter; Intimation about death in State Government Homes/Juvenile Homes/Probation Homes; Timely submission of the legible copies of the reports by the authorities; Delay in submission of compliance reports; Non-registration of FIR by the police in time.

The Chief Secretary presented the stand of the State Government on these issues and assured to look into the issues raised by the Commission and take necessary steps to comply with the recommendations of the Commission.

Before the meetings in Raipur, on 9th and 10th April, 2013, a seven member delegation of the National Human Rights Commission comprising Hon’ble Members Justice Shri B.C. Patel and Shri Satyabrata Pal, Smt. S. Jalaja, Spl. Rapporteur, NHRC, Shri A.K. Parashar, Joint Registrar (Law), Shri Pupul Dutta Prasad, SSP, Shri Khwaja A. Hafeez, Assistant Registrar (Law) and Shri Rajveer, Inspector visited Dantewada and a relief camp near Dantewada to assess the relief and rehabilitation measures undertaken by the State Government for the affected persons.The delegation met the inmates of the camp to know about their living condition in the camps. The inmates of the camp expressed satisfaction over the facilities being given to them in the camps. They requested the delegation to impress upon the State Government to take steps to check naxalism in the state so that they could return to their houses. The delegation also visited Aastha Gurukul Vidyala, a residential school in the Education City where free quality education is being provided to children of families affected by naxal violence in the State. The delegation also visited Ajeevika Mahavidyalaya/Livelihood College, Dantewada, where students from Primary to Graduate level are provided vocational training in different disciplines. The delegation also met the NGOs who raised issues like lack of education and health facilities, lack of development of roads and bridges, lack of protection from naxalites to the people working for the betterment of masses. The delegation also met the senior officers who gave an overview of the situation in the area and the work being done by the State Government to improve situation in the area.

The Commission has organized this camp sitting as part of a series of such sessions in different parts of the country, to take up important cases with the State. In the past, the NHRC has held Camp Sittings in U.P., Bihar, Bengaluru (for four southern States of Andhra Pradesh, Karnataka, Kerala and Tamil Nadu), Odisha, Gujarat, Assam and Meghalaya.

Public hearings on various issues relating to atrocities and problems faced by Scheduled Castes have also been held in various parts of the country. So far, such Public Hearings have been held in the States of Odisha, Gujarat, Tamil Nadu, Rajasthan and Maharashtra.

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