The Hindu : U.P. Govt. 'insensitive' to rights violation cases: NHRC

Online edition of India's National Newspaper
Wednesday, May 21, 2003

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U.P. Govt. 'insensitive' to rights violation cases: NHRC

By Our Special Correspondent

NEW DELHI MAY 20. The National Human Rights Commission today said that the Uttar Pradesh Government's conduct in respect of cases of violation of human rights of citizens in general and custodial crimes in particular was insensitive. The State Government had repeatedly refused to honour the principle of `interim relief' to victims of custodial violence. It lacked the `requisite sensitivity' on the issue, despite the fact that its attention had been repeatedly drawn to the authoritative judicial pronouncement which established the principles of compensation and the States' obligation to pay it.

The Commission illustrated the Uttar Pradesh Government's attitude with a recent case of custodial torture in Bulandshahar. It had received a complaint in 2001, on behalf of Zameer Ahmed Khan, of police excesses and harassment. A report of the District Magistrate of Bulandshahar established the fact that Khan had been tortured while in police custody. Following this the Commission recommended payment of Rs. 20,000 as `immediate interim relief.'

However, the State Government had responded to the NHRC directive by asking it to "reconsider'' its recommendation on the ground that the victim had not suffered any "serious injury.'' The Commission, remarking on the insensitivity of the response, maintained that custodial torture even without inflicting any visible injury would justify award of compensation and disciplinary action against police personnel. The State Government again responded by saying that since there was "no allegation of financial loss'' in the complaint of torture there was "no justification'' to pay immediate interim relief.

Calling on the Uttar Pradesh Government to implement its recommendation immediately, the Commission said that the grant of interim relief was by way of compensation for the violation of human rights of the victim and not for "realisation of financial loss.'' The State Government had "conveniently forgotten the observations of the Supreme Court that `custodial crime is perhaps the worst of crimes in a civilised society' and is enough `to lower the flag of civilisation to half-mast' because custodial violence makes civilisation take a step backward.''

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