NHRC seeks compliance report in rape case

| | Lucknow
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NHRC seeks compliance report in rape case

Tuesday, 02 March 2021 | PNS | Lucknow

The National Human Rights Commission directed the state government to submit proof of payment to the victim of a gang-rape in Moradabad the amount it had sanctioned on the recommendations of the NHRC but apparently did not release it.
The NHRC, reiterating its earlier recommendation issued on February 23 last, called for a compliance report within four weeks. The NHRC directed deployment of lady police officers in all police stations and sought a list of police stations where there was no lady police officer. It also sought disciplinary action against the erring police officers and to register a case under Section 166A IPC against police personnel who did not register case on allegation of rape.
The NHRC had registered the case on the basis of a complaint that some men of her locality, under the jurisdiction, PS Civil Lines, in Moradabad, had barged into her house on November 18, 2018, while she was alone. She was tied up, gang-raped and tortured by the men in broad daylight before leaving the house. On hearing her groans, a person reached the house and set her free. Thereafter, when she was taken to the Civil Lines police station to report the matter, she was made to wait till midnight but no FIR was registered.
During the course of inquiry, through its investigation division, the NHRC found that the police did not register the case or take action on the victim's complaint. The case was registered only after the intervention of the court. This caused one and a half months' delay in the registration of the case by the police.
The NHRC observed that this delay led to the destruction of vital evidence of the case. It said this act of negligence of police officials violated human rights of the victim for which the state government was liable.
Therefore, a notice under Section 18 of the PHR Act, 1993 was issued to the UP government through its chief secretary, to show cause why Rs 2,00,000 should not be recommended to be paid as relief to the victim.  
In response, the report of the state government said that the victim's complaint dated November 25, 2018 was received by the PS Civil Lines on December 12, 2018. Thereafter, investigation started. The report further stated that in the interim, the complainant filed an application U/S 156(3) CrPC in the court.
On the directions of the Court, an FIR No. 1308/18 u/s 452/376/ (d)/ 323 were registered against the six accused persons. After investigation, final report No. 47/19 dated February 6, 2019 was submitted before the court. The complainant also filed a protest petition against the final report. Again, on the directions of the court the matter was re-investigated and the final report was submitted in the court. The report from the state government also revealed that two police officials, including the Chowki in-charge, were found negligent for not registering the FIR immediately on the complaint of the victim. Hence, the state government stated that the relief of Rs. 2 lakh, as recommended by the NHRC, was allowed to be paid to the complainant for violation of her human rights. However, the NHRC observed that the report by the state government was not conclusive as no inputs were provided on the actions taken by the authorities concerned on the three actionable points recommended by the NHRC. Therefore, the NHRC issued a reminder notice to the Government of Uttar Pradesh.

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