Latest news with #ProtectionofHumanRightsAct
Indian Express
28-05-2025
- Politics
- Indian Express
Supreme Court asks Assam Human Rights Commission to inquire into alleged fake encounters in state
The Supreme Court Wednesday asked the Assam Human Rights Commission (AHRC) to inquire into allegations of fake police encounters in the state 'for advancing it to its logical conclusion' after a petitioner pointed to as many as 171 such incidents. Deciding a Public Interest Litigation (PIL), a bench of Justices Surya Kant and N K Singh noted that 'after minutely scanning' the 'data' placed before it by the petitioner, 'prima facie it seems that barring a few cases, it is difficult to infer that there has been a procedural breakdown or the PUCL guidelines were flagrantly violated.' 'The records furnished by the state themselves indicate that some instances may warrant further evaluation to ascertain whether the guidelines laid down in PUCL have been meticulously complied with in both letter and spirit,' the bench added, and decided to entrust the inquiry to AHRC. The SC set aside the January 12, 2022, order passed by a full bench of AHRC disposing of the issue, and directed that the matter be reinstated on the board of the Commission 'for necessary inquiry into the allegations, independent and expeditiously in accordance with law.' The court noted, 'It has come to our knowledge that the…The Commission is now headed by an erudite jurist who is a retired chief justice of the High Court, whose judicial acumen and integrity inspire confidence. This court has every reason to believe that under his stewardship, the state human rights commission will decide the duties with diligence, sensitivity, and an abiding commitment to the constitutional values.' In the 1996 People's Union for Civil Liberties (PUCL) judgement, the top court laid down guidelines against arbitrary state action, reaffirming the primacy of the rule of law as the bedrock of India's constitutional democracy. The guidelines laid down by the court provided for registration of FIR, independent investigation, magisterial inquiry, involving forensic science, informing the next of kin, compensation, and information to the National Human Rights Commission, and the state human rights commission, among others. On Wednesday, the Supreme Court underlined the importance of the human rights commissions in protecting vulnerable groups, ensuring accountability, and strengthening institutional mechanisms for enforcing human rights. 'The domestic human rights architecture in India is supported by a robust statutory framework that complements the constitutional guarantees enshrined in part three and the directive principle of state policy… At the centre of this framework stands the Protection of Human Rights Act, 1993, which institutionalised the commitment of the Indian state to uphold and monitor human rights in a structured and independent manner. The act serves as the primary statutory instrument for the promotion and protection of human rights in India,' said the court. The court pointed out that its judgement in the extrajudicial execution victims case 'has rightly underscored the roles of the human rights commissions such as that of protector, adviser, monitor, and educator of human rights'. 'Applying this understanding of the human rights framework to the instant matter, we have no hesitation in holding that the role of the human rights commission both at the national and state level is paramount in a democratic polity governed by the rule of law.' 'In a country as vast and diverse as India, marked by complex sociopolitical dynamics and systemic inequities, these commissions provide an essential form of accountability, transparency, and remedy against human rights violations.' The court noted that though the petitioner had brought a compilation of as many as 171 incidents before it, 'however…mere compilation or aggregation of cases does not by itself call for omnibus judicial directions.' 'Issuance of broad brush directives without individual scrutiny could result in a miscarriage of justice either by shielding the guilty or by stigmatising legitimate action by public servants discharging their duty under challenged circumstances,' added the court.
Time of India
24-05-2025
- Time of India
‘Sexual abuse': NHRC asks for police's report
New Delhi: National Human Rights Commission ( NHRC ) has issued a notice to the Delhi Police , directing them to submit an Action Taken Report by June 5 in response to serious allegations against a contributing writer of a digital news platform. The commission, acting under Section 12 of the Protection of Human Rights Act, 1993, cited a viral social media post in which a woman accuses the individual of repeated sexual, physical, and mental abuse. According to NHRC notice, the allegations include forced sexual encounters, coerced abortions, physical violence, and religious humiliation. The commission stated, "Given the seriousness of the allegations, the matter is deemed cognizable. " NHRC has asked Delhi Police to probe whether the organisation has filed a formal complaint and if an inquiry has been initiated under the Prevention of Sexual Harassment Act. Authorities have also been instructed to identify the complainant while protecting her privacy, ensure her safety, and provide psychological support. The commission has directed that the ATR be submitted both in hard copy and via email by the deadline for further consideratio. tnn
New Indian Express
18-05-2025
- Politics
- New Indian Express
NHRC directs Odisha government to submit ATR on old age pension fraud in two districts
KENDRAPADA: The National Human Rights Commission (NHRC) has directed the Odisha government to submit an action taken report (ATR) regarding alleged misappropriation of old age pension funds in Kendrapara and Jajpur districts. Acting on a petition filed by human rights activist and lawyer Radhakanta Tripathy, the commission issued a second notice on May 16 seeking the ATR within two weeks. Tripathy had alleged that welfare fund allocated for old age pension scheme was being grossly misused by people with connection and influence in Aul block of Kendrapara and Binjharpur block of Jajpur districts. He said that without proper verification, individuals below 60 years of age were receiving old age pensions, thus depriving the eligible beneficiaries of the welfare fund. The commission had previously directed the principal secretary on March 3 to investigate the allegations and submit a report within four weeks. Despite the directions of the commission, the authority had not submitted any report. The NHRC has now cautioned that it would invoke its coercive powers under section 13 of the Protection of Human Rights Act, 1993 if the report is not submitted within the stipulated time. Old age pension scheme provides financial assistance of Rs 1,000 monthly to elderly individuals aged 60-79 years and Rs 1,200 to those aged 80 years and above. Last year, police had booked around 65 individuals from Argala gram panchayat under Aul block in connection with an alleged scam related to disbursement of old-age pension to them on the basis of fake documents under sections 319 (2), 318 (4), 336 (2), 338, and 340(2) of the BNS following a complaint by Minati Jagdev, block development officer of Aul.
Time of India
17-05-2025
- Politics
- Time of India
NHRC asks for action taken report on old age pension ‘fraud' in 2 districts
Kendrapada: National Human Rights Commission (NHRC) has issued a second notice to Odisha's principal secretary demanding an action taken report (ATR) on the alleged misappropriation of old age pension funds in Kendrapada and Jajpur districts. NHRC's action follows a petition filed by human rights activist and lawyer Radhakanta Tripathy, who alleged that young individuals fraudulently claimed old age pensions by manipulating age documents in Aul block of Kendrapada district and Binjharpur block of Jajpur. Under the state's pension scheme, seniors aged 60-79 years receive Rs 1,000 monthly, while those above 80 years get Rs 1,200. However, the petition alleges that many beneficiaries below 60 years have been receiving payments due to their political connections, depriving genuine recipients. NHRC had initially sought an ATR within four weeks on March 3. Following non-compliance, the commission has now given a two-week deadline, warning of invoking coercive powers under Section 13 of the Protection of Human Rights Act, 1993, if the report is not submitted. The development comes in the wake of a similar case last year when police charged around 65 people in Argala gram panchayat under Aul block for pension fraud. The case was registered following a complaint by block development officer Minati Jagdev, with charges including cheating by personation and document forgery under the Bharatiya Nyaya Sanhita. NHRC, which holds civil court powers during inquiries, can examine witnesses, require information, enter premises and seize documents in pursuit of justice for the affected elderly people. Kendrapada: National Human Rights Commission (NHRC) has issued a second notice to Odisha's principal secretary demanding an action taken report (ATR) on the alleged misappropriation of old age pension funds in Kendrapada and Jajpur districts. NHRC's action follows a petition filed by human rights activist and lawyer Radhakanta Tripathy, who alleged that young individuals fraudulently claimed old age pensions by manipulating age documents in Aul block of Kendrapada district and Binjharpur block of Jajpur. Under the state's pension scheme, seniors aged 60-79 years receive Rs 1,000 monthly, while those above 80 years get Rs 1,200. However, the petition alleges that many beneficiaries below 60 years have been receiving payments due to their political connections, depriving genuine recipients. NHRC had initially sought an ATR within four weeks on March 3. Following non-compliance, the commission has now given a two-week deadline, warning of invoking coercive powers under Section 13 of the Protection of Human Rights Act, 1993, if the report is not submitted. The development comes in the wake of a similar case last year when police charged around 65 people in Argala gram panchayat under Aul block for pension fraud. The case was registered following a complaint by block development officer Minati Jagdev, with charges including cheating by personation and document forgery under the Bharatiya Nyaya Sanhita. NHRC, which holds civil court powers during inquiries, can examine witnesses, require information, enter premises and seize documents in pursuit of justice for the affected elderly people.
Time of India
09-05-2025
- General
- Time of India
NHRC seeks report on ‘plight' of settlers in Bagapatia
1 2 3 Kendrapada: National Human Rights Commission (NHRC) has directed the Kendrapada district collector to submit an action taken report (ATR) regarding the alleged deterioration in living conditions at Bagapatia rehabilitation directive comes in response to a petition filed by human rights activist and lawyer Radhakanta Tripathy, highlighting the plight of families displaced from the erosion-hit Satabhaya gram established in 2008, houses 571 families who were forced to relocate from seven villages after the sea swallowed their homes. Over the past four decades, more than 600 houses and vast agricultural lands have been lost to coastal erosion along the 12-km to the petition, residents face severe challenges including inadequate housing infrastructure, lack of safe drinking water, poor sanitation facilities, limited access to healthcare, insufficient educational resources and defective drainage system causing frequent flooding."The rehabilitation colony turns into a virtual pool during rain, with even moderate rainfall flooding houses in low-lying areas," Tripathy stated in his petition. He urged the NHRC to conduct an independent investigation and recommend comprehensive measures to the chief recommended measures include construction of cyclone-resistant housing, improved medical facilities, all-weather road connectivity, implementation of social welfare schemes and better educational acting under Section 12 of the Protection of Human Rights Act, 1993, has given the district collector four weeks to submit the report.
