Human rights panel directs Haryana to pay man ₹50K

Hindustan Times

4 days ago

Four years after a physically disabled man was stripped and videographed while in Faridabad police custody in a case of matrimonial dispute, the Haryana Human Rights Commission (HHRC) has taken strong exception and directed the state home department to pay ₹50,000 as compensation to the man for violation of right to life. The fine is to be recovered from the guilty police officials, officials said. (FILE)
In its order on July 16, the full bench of HHRC, comprising chairperson justice Lalit Batra (retd) and members Kuldip Jain and Deep Bhatia, said an impartial inquiry conducted by the commission's investigation wing confirmed that two police officials, an assistant sub-inspector and a constable rank official, had compelled the man, a chartered accountant, to undress in custody.
Such cruel and degrading treatment, particularly of a person with disability, is utterly unacceptable in a civilised society, the commission said.
'This incident challenges the very spirit of constitutional values and the notion of human dignity. No individual, regardless of the accusations against them, deserves to be subjected to such humiliation and public exposure. This act is a direct violation of the right to life and personal liberty enshrined under Article 21 of the Constitution,' the order said.
The man, a resident of Faridabad, was arrested on May 24, 2021, in connection with a criminal case filed by his wife.
In his complaint to HHRC, the man alleged that while he was in custody at Saran police station, Faridabad, he was stripped, photographed and filmed in a semi-naked condition. The visuals were circulated on social media. The incident, he said, caused him extreme mental trauma and public humiliation.
He described the experience 'as akin to a living death' and said that the psychological trauma continues to weigh heavily on him, pushing him into a state of deep depression.
According to the findings in the inquiry report of the director of investigation of the commission, it was found that on May 25, 2021, a brother-in-law of the complainant was allowed to take photos and record a video of the man while he was confined in the police lock-up in a semi-nude condition.
'The images and video footage were later circulated on social media, compounding the complainant's trauma, exposing him to public ridicule and causing deep psychological harm. The act of allowing civilians to capture visuals of a detainee, particularly in a compromised and vulnerable state, reflects a complete breakdown of custodial protocol and constitutes a direct violation of the complainant's right to privacy and dignity,' the report said.
Police not only failed in their duty to protect the person in their custody, but actively enabled the public dissemination of humiliating content, resulting in irreversible reputational and emotional damage to the complainant, it added.
In its order, HHRC said that the 'cruel, inhuman and degrading treatment' entitles the complainant to judicial protection, redressal and appropriate compensation under constitutional and human rights law.
Puneet Arora, HHRC public relations officer, said the home department of the Haryana government has been ordered to pay ₹50,000 as compensation to the victim. This amount is to be recovered equally from the guilty police officials, he said.
'This compensation is not intended to represent the full measure of the harm suffered by the complainant, but is awarded as a symbolic acknowledgement of the violation of his human rights and human dignity,' the order said. 'Police custody must not turn into... torture and shame. This order sends a clear message that the system will not tolerate custodial abuse or the misuse of power,' Arora said.