MADHYA PRADESH HUMAN RIGHTS COMMISSION

BHOPAL, MADHYA PRADESH

Internship Report
(27 may to 17 june)

Submitted by-
Adiba Khan
II Semester B.A. LLB
Jamia Millia Islamia
 INDEX

1. INDEX
2. ACKNOWLEDGEMENT
3. PREFACE
4. INTRODUCTION
5. HUMAN RIGHTS
6. INTERNATIONAL PERSPECTIVE
7. NATIONAL PERSPECTIVE
8. CONSTITUTIONAL PERSPECTIVE
9. M.P. HUMAN RIGHTS COMMISSION
10. LEADING CASES OF SUPREME COURT
 Degree Prasad Chouhan v. State of Chhandigarh and ANR
 Section 377 partially struck down: Supreme Court decriminalize consensual sex
between same sex adults.
 Justice KS Puttuswamy and Anr. V Union of India
 Singh & others v. Union of India & Ors. Etc

 SC passes directs union, states to ensure treatment, education and equality for
persons affected by leprosy.

11. M.P HUMAN RIGHTS COMMISSION CASES

12. LECTURES
13. JAIL VISIT
14. BIBLIOGRAPHY
 ACKNOWLEDGMENT

Firstly, I would like to express my gratitude to the chairperson of the Madhya Pradesh Human
Rights Commission Hon’ble Justice Narendra Kumar Jain, who provided me with the
opportunity to intern in this prestigious and exalted organization. I am obliged to him for
bestowing me this lifetime opportunity to work here in such a great professional atmosphere with
intellects that mentored me during the internship period. I would also like to thank the members,
Mr. Manohar Mamtani and Mr. Sarabjit Singh, for guiding and encouraging me in this project
work

I would like to extend my gratitude towards the Hon’ble members and officers at the commission
for their valuable inputs and diligent efforts to help me learn and grow in this organization. I
would fail in my duty if I forget to thank all the officials in the commission for helping me
understand the nuances of human rights and functioning of the commission at the very ground
level.
 PREFACE

The present report is the outcome of the internship program organized by the Madhya Pradesh
human rights commission at Bhopal, Madhya Pradesh. The objective of the internship program
was to familiarize the student with the implementation of the knowledge he/she earned in college
and the HRC related to human rights. The pragmatisms of the human rights laws and its
functioning in the contemporary world were provided to the interns. The functioning of the
judicial system specifically related to human rights was also briefed to the interns.

The major problem I faced during my internship was that there were not sufficient published
documents available on the interpretation and functioning of human rights laws in real life which
could help me understand the significance and right meaning of the laws. Due to paucity of time,
it was not possible to include and read up on all different nuances of each and every section in
the human rights act. The cases learned were also limited with including just the important
information recognized by the commission was studied and analyzed. The report reflects on few
of the important aspects of human rights and its functioning on both national and international
level. It also includes a summary of case files and details of how the implementations of human
rights law are taking place.

The present is not free of limitations. There might have been problems regarding lack of
limitations in some aspects and also some minor mistakes such as typing and grammatical errors.
These few drawbacks have occurred due to paucity of time and lack of reliable secondary
sources of information for which I apologize from the bottom of my heart.

As a round up I would like to thank the commission once again for the unconditional support and
resources provided by them.
 INTRODUCTION

Human rights are the bedrock principles that underpin all societies where there is rule of law and
democracy. Since the end of World War II, the core importance of human rights has been
universally acknowledged. Today, against a backdrop of multiple conflicts, humanitarian
emergencies and severe violations of international law, it is even more essential that policy
responses be firmly grounded in human rights, and that States comply with the binding
obligations they have contracted when ratifying international human rights treaties. From the
fight against violent extremism to the struggle to eliminate poverty and our approach to
managing migration, international human rights law provides an essential framework and
guidance to responsible and sustainable policy-making.

The concept of natural rights gained popularity during the American and French Revolutions of
the late eighteenth century. Both nations struggled to forge new representative governments that
would best promote the natural rights of citizens. Both nations produced contemporaneous
statements of rights—France, the Declaration of the Rights of Man and of Citizens, and
the United States the Constitution and the Bill of Rights.

These documents provide the foundation for the modern concept of human rights. However, the
Declaration of the Rights of Man and of Citizens and the Bill of Rights did not extend all natural
rights to all persons. Slavery and indentured servitude continued in fledgling United States and
neither nation extended full rights to women or indigenous populations.

The concept of human rights as is now understood emerged in the twentieth century after World
War II (1938–1945). Outraged by the horrors of war and the Holocaust, the newly-
formed United Nations addressed issues such as torture, warfare against civilians, the treatment
of prisoners of war, and the prosecution of war criminals, setting forth new rules for warfare that
protected basic rights. In 1948, the member states of the United Nations drafted the United
Nations Universal Declaration of Human Rights. Since the adoption of the declaration, the UN,
national governments, and independent organizations have worked to advance, promote, and
enforce human rights throughout the world.
The fundamental structure is based on the rights enumerated in the United Nations Universal
Declaration of Human Rights, which is featured in three articles in this chapter. The major
principles of the declaration are the basis of international humanitarian law. Even though the
document is non-binding, the Universal Declaration of Human Rights is the best-known and
most widely translated modern statement of human rights.
 HUMAN RIGHTS

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold
opinions without interference and to seek, receive and impart information and ideas through any
media and regardless of frontier, “says united nations universal declaration of Human Rights.
The origin of human or natural rights can be traced from the time the human being came into
existence as every human is believed to be born with certain divine right avis which are more
than essential for one’s survival and leading a meaningless life. A more formal expression and
outline of such rights are seen from the time when Human started to form settlements and lead a
more social life which can be traced back in B.C. Several philosophers like Locke and Jefferson
have tried to explain how the natural rights which have existed since the start of humanity have
evolved and are addressed as human rights in a more sophisticated and Humane world. These
include the rights to life, the right to a fair trial, freedom from torture and other cruel and
inhumane treatment, freedom of speech, freedom of religion, and the right to health, education
and an adequate standard of living. These human rights are same for all the people everywhere –
men and women, young and old, rich and poor, regardless of our background, what we think and
what we believe. This is what makes human rights ‘universal’.

Human rights forming the basis for a person’s social and personal life can be seen as
amalgamations of all the fundamental rights which are confined in the constitution of India
through an individual can see these rights as the basis of their personality and behavior in society
fellow humans. These rights form the basis of the Human’s personality and play an important
role in their character. The implementation of human rights generally lies with the authorities at
various levels in different states on Earth. Different nations have different perspective and
versions of human rights for their citizen. They even implement the human right in different
manner with various ways of checking them. Even individuals play an important role in the
implementation of human rights as they are the one who help forming the whole framework of
Human Right in the particular state of Human rights aim to provide certain values and securities
to human which help them to lead a meaningful happy life. The most important ingredient that
should exist inside each individual in the contemporary world is humanity or humanness. The
philosophy of humanism talks about achieving human ends and needs luminary mentors like
Martha Nussbaum believes that the idea of citizen as a free and dignified human being can be
established only if human inculcate humanness within themselves. Even John Rawls’ political
conception of justice involves a commitment by the citizens to recognize each other as free and
equal persons within the framework of a social order conceived on the model of nation-states can
only be established if the state makes a genuine effort to help citizens grow humanness deep
inside them.
 INTERNATIONAL PERSPECTIVE

In addition to the covenants in the International Bill of Human Rights, the United Nations has
adopted more than 20 principal treaties further elaborating human rights. These include
conventions to prevent and prohibit specific abuses like torture and genocide and to protect
especially vulnerable populations, such as refugees (Convention Relating to the Status of
Refugees, 1951), women (Convention on the Elimination of All Forms of Discrimination against
Women, 1979), and children (Convention on the Rights of the Child, 1989). As of 1997 the
United States has ratified only these conventions: The Convention on the Elimination of All
Forms of Racial Discrimination, The Convention on the Prevention and Punishment of the Crime
of Genocide, The Convention on the Political Rights of Women The Slavery Convention of
1926, The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. In Europe, the Americas, and Africa, regional documents for the protection and
promotion of human rights extend the International Bill of Human Rights.

For example, African states have created their own Charter of Human and People’s Rights
(1981), and Muslim states have created the Cairo Declaration on Human Rights in Islam (1990).
The dramatic changes in Eastern Europe, Africa, and Latin America since 1989 have powerfully
demonstrated a surge in demand for respect of human rights. Popular movements in China,
Korea, and other Asian nations reveal a similar commitment to these principles. The Role of
Nongovernmental Organizations Globally the champions of human rights have most often been
citizens, not government officials. In particular, nongovernmental organizations (NGOs) have
played a cardinal role in focusing the international community on human rights issues. For
example, NGO activities surrounding the 1995 United Nations Fourth World Conference on
Women in Beijing, China, drew unprecedented attention to serious violations of the human rights
of women. NGOs such as Amnesty International, the Antislavery Society, and the International
Commission of Jurists etc monitor the actions of the government and pressure them to act
according to the human rights principles.
 NATIONAL PERSPECTIVE

The declaration was drafted by committee of the UN Commission on Human Rights set up in
1946 and 58 member-states of the UN General Assembly adopted the declaration on December
10, 1948. India was also a signatory.

PROTECTION OF HUMAN RIGHTS ACT, 1993

According to this act the definition of human rights is given under section-2(d) which is Human
rights means the rights relating to life, liberty, equality and dignity of the individuals guaranteed
by the Constitution or embodied in the International Covenants and enforceable by courts in
India.

The Protection of Human Rights (Amendment) Bill, 2018 was introduced in Lok Sabha by the
Minister of State for Home Affairs, Mr. Hansraj Ahir, on August 9, 2018. The Bill amends the
Protection of Human Rights Act, 1993. The Act provides for a National Human Rights
Commission (NHRC), State Human Rights Commissions (SHRC), as well as Human Rights
Courts.

NATIONAL HUMAN RIGHTS COMMISSION

The National Human Rights Commission (NHRC) of India was established on 12 October, 1993.
The statute under which it is established is the Protection of Human Rights Act (PHRA), 1993 as
amended by the Protection of Human Rights (Amendment) Act, 2006.It is in conformity with the
Paris Principles, adopted at the first international workshop on national institutions for the
promotion and protection of human rights held in Paris in October 1991, and endorsed by the
General Assembly of the United Nations by its Regulations 48/134 of 20 December, 1993.The
NHRC is an embodiment of India’s concern for the promotion and protection of human rights.
Section 2 (1) (d) of the PHRA defines Human Rights as the rights relating to life, liberty,
equality and dignity of the individual guaranteed by the Constitution or embodied in the
International Covenants and enforceable by courts in India.
The current composition of the NHRC is Shri Justice HL Dattu as the chairperson along with 4
other members.

The NHRC consists of:

● A Chairperson, should be retired [Chief Justice of India]

● (through GOI mulling appointment of retired SC Judges as chairperson [4])
● One member who is, or has been, a Judge of the Supreme Court of India
● One member who is, or has been, the Chief Justice of a High Court
● Two members to be appointed from among persons having knowledge of, or practical
experience in, matters relating to human rights
● In addition, the Chairpersons of four National Commissions (Scheduled Castes,
Scheduled Tribes, Women and Minorities) serve as ex officio members.
● The sitting Judge of the Supreme Court or sitting Chief Justice of any High Court can be
appointed only after the consultation with the Chief Justice of Supreme Court.

STATE HUMAN RIGHTS COMMISSION

The Protection of Human Rights Act of 1993 provides for the creation of State Human Rights
Commission at the state level. A State Human Rights Commission can inquire into violation of
human rights related to subjects covered under state list and concurrent list in the seventh
schedule of the Indian constitution.

Composition:

Human Rights (Amendment) Act, 2006 consists of three members including a chairperson. The
chairperson should be a retired Chief Justice of a High Court.

The other members should be:

(i) A serving or retired judge of a High Court or a District Judge in the state with a minimum of
seven years’ experience as District judge.

(ii) A person having practical experience or knowledge related to human rights.

The Governor of the state appoints the chairperson and other members on the recommendations
of a committee consisting of the Chief Minister as its head, the speaker of the Legislative
Assembly, the state home minister and the leader of the opposition in the Legislative Assembly.
The chairman and the leader of the opposition of legislative council would also be the members
of the committee, in case the state has legislative council.

The Act states that the chairperson and members of the NHRC and SHRC will hold office for
five years or till the age of seventy years, whichever is earlier. The Bill reduces the term of
office to three years or till the age of seventy years, whichever is earlier. The Bill also allows for
the reappointment of chairpersons of the NHRC and SHRCs.

The Bill provides that the central government may confer on a SHRC human rights functions
being discharged by Union Territories. Functions relating to human rights in the case of Delhi
will be dealt with by the NHRC. There is no provision of punishment which can be given to an
individual or a group of individuals if they violate the fundamental rights of anyone. The
commission can only give their recommendations against a public servant failing to fulfill his
duty and not private parties.

CONSTITUTIONAL PERSPECTIVE

FUNDAMENTAL RIGHTS

The Rights and Fundamental Rights are sections of the Constitution of India that provides people
with their rights. These Fundamental Rights are considered as basic human rights of all citizens,
irrespective of their gender, caste, religion or creed etc. These sections are the vital elements of
the constitution, which was developed between 1947 and 1949 by the Constitution of India.

There are six fundamental rights in India. They are Right to Equality, Right to Freedom, Right
against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right
to Constitutional Remedies.
RIGHT TO EQUALITY - ARTICLE14. Equality before law.15. Prohibition of discrimination on
grounds of religion, race, caste, sex or place of birth.16. Equality of opportunity in matters of
public employment.17. Abolition of Untouchability18. Abolition of titles.
RIGHT TO FREEDOM- ARTICLE19. Protection of certain rights regarding freedom of speech,
etc.20. protection in respect of conviction for offences.21. Protection of life and personal
liberty.22. Protection against arrest and detention in certain cases.
RIGHT AGAINST EXPLOITATION- ARTICLE 23- rights against human trafficking and
forced labor 24. Prohibition of employment of children in factories

RIGHT TO FREEDOM OF RELIGION- ARTICLE25. Freedom of conscience and free

profession, practice and propagation of religion.26. Freedom to manage religious affairs.27.
Freedom as to payment of taxes for promotion of any particular religion.28. Freedom as to
attendance at religious instruction or religious worship in certain education institutions.
CULTURAL AND EDUCATIONAL RIGHTS- ARTICLE29. Protection of interests of
minorities.30. Right of minorities to establish and administer educational institutions.31.
[Repealed.]
RIGHT TO CONSTITUTIONAL REMEDIES- ARTICLE 32 right to enforcement of rights
(writ jurisdiction)

DIRECTIVE PRINCUPLES OF STATE POLICY

Part IV, from article (36-51) of Indian Constitution deals with Directive Principles of our State
Policy (DPSP). The provisions contained in this Part cannot be enforced by any court, but these
principles are fundamental in the governance of the country and it shall be the duty of the State
to apply these principles in making laws. The concept of Directive Principles of State Policy was
borrowed from the Irish Constitution. While most of the Fundamental Rights are negative
obligations on the state, DPSPs are positive obligations on the state, though not enforceable in a
court of law. They aim to create good social and economic conditions for everyone and the state
should apply these while making laws (A.37)
 MP HUMAN RIGHTS COMMISSION

With a view to provide easy and close access to the needy victims of human rights violations, the
State Human Rights Commission was constituted in the state of Madhya Pradesh in September
1995. Madhya Pradesh was amongst the first few States to constitute this Commission. The
Madhya Pradesh Human Rights Commission is an expression of the concern for the protection
and promotion of human rights. The Commission derives its autonomous status inter-alia, from
the method of appointing its members, their fixity of tenure and statutory guarantees thereto, the
status they have been accorded and the manner in which the staff responsibility to the
commission including its investigative agency will be appointed and conduct themselves. The
financial autonomy of the commission is spelt out in section 33 of the Act. The Chairperson and
members of the commission are appointed by the Governor on the basis or recommendations of a
committee comprising the chief minister as the chairperson, the speaker of the legislative
assembly, the minister - in- charge of the home department and the leader of opposition in the
legislative assembly as members. The MPHRC has the following constituent Divisions:-
Law division

Investigation division

Administration division

Information and Public Relations Department

FUNCTIONS OF COMMISSION

a) Inquire, Suo motu or on a petition presented to it by a victim or any person on his behalf, into
complaint of (i) Violation of human rights or abetment thereof or (ii) Negligence in the
prevention of such violation, by a public servant;
(b) Intervene in any proceeding involving any allegation of violation of human rights pending
before a court with the approval of such court;

(c) Visit, under intimation to the State Government, any jail or any other institution under the
control of the State Government, where persons are detained or lodged for purposes of treatment,
reformation or protection to study the living conditions of the inmates and make
recommendations thereon;

(d) Review the safeguards provided by or under the Constitution or any law for the time being in
force for the protection of human rights and recommend measures for their effective
implementation;

(e) Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and
recommend appropriate remedial measures;

(f) Undertake and promote research in the field of human rights;

(g) Spread human rights literacy among various sections of society and promote awareness of the
safeguards available for the protection of these rights through publications, the media, seminars
and other available means;

(h) Encourage the efforts of non-governmental organizations and institutions working in the field
of human rights;

(i) Such other functions as it may consider necessary for the protection of human rights.
LEADING SUPREME COURT CASES

Degree Prasad Chouhan v. State of Chhandigarh and ANR

Supreme court orders to constitute a special investigation team (SIT) on “Edesmetta

massacre” 2013 in Chhattisgarh”.

Division bench of the Supreme Court was Headed by: Hon’ble Mr. Justice L. Nageshwar Rao
and Hon’ble Mr. Justice M.R. Shah.

Date: 04/05/2019

In this case Hon’ble Supreme Court ordered to constitute a special investigation team (SIT) of
CBI officials not belonging to Chhattisgarh cadre to investigate the Edesmetta massacre of may
2013 where 8 tribal including 4 children were killed in cold blood by the security forces. A writ
petition was filed by Degree Prasad Chouhan against the killing of eight Civilian in Chhattisgarh
in 2013.

SECTION 377 PARTIALLY STRUCK DOWN: SUPREME COURT DECRIMINALIZE

CONSENSUAL SEX BETWEEN SAME SEX ADULTS

Date: 06/09/2018

Bench led by Chief Justice of India (CJI) Dipak Mishra and comprising Justice R.F. Nariman,
A.M. Khanwilkar, D.Y. Chandrachud and Indu Malhotra gave four separate but concurring
judgements.

A five judge bench of the Supreme Court on 6 September 2018 unanimously read down the
British era law which criminalized consensual homosexual sex in India. Supreme Court over
ruled the Suresh Kaushik verdict on 2016, Which had reversed the Delhi High Court ruling
decriminalizing sex between consenting adults in same sex relations.
Justice KS Puttuswamy and Anr. V Union of India

This is a landmark judgment of the supreme court of India which holds that the Right to Privacy
is protected as a fundamental right under Article 14, 19 and 21 of the Constitution of India. This
is a landmark judgment which has led to constitutional challenges to a wide range of Indian
legislation for example legislation criminalizing same sex relationships as well as bans of beef
and alcohol consumption in many Indian states. In the judgment, Justice Sapre said that in
addition to its existence as an independent right, the right to privacy included an individual’s
right to freedom of expression and movement and was essential to satisfy the constitutional aims
of liberty and fraternity which ensured the dignity of the individual.

MANIPUR FAKE ENCOUNTER CASES: SC REFUSES THE WRIT PETITION FOR

RECUSAL OF JUDGES

Date: 12/11/2018

The Supreme Court on November 12, 2018, delivered a judgement in the Lourembam Deben
Singh & others v. Union of India & Ors. etc. and Raj Kumar Brojen & Ors. v. Union of
India.

The two member bench of the Supreme Court, Justice Madan B. Lokur and Justice Uday Umesh
Lalit gave a landmark observation on the discourse of “demoralising the Indian army and
security forces”.

The writ petition was filed by some police personal of Manipur police – Lourembem Deban
Singh (Writ petition, Criminal, No. 205/2018) and Raj Kumar Brojen (writ petition, Criminal
No. 206/2018) under Article 32 of the Constitution of India. These petitions have the support of
“few hundred officers from the Indian Army, the paramilitary forces and Manipur Police”.

The writ application was made for recusal of judges but the court dismisses it and says “we find
no merit in these applications and therefore dismiss them”.
SC PASSES DIRECTS UNION, STATES TO ENSURES TREATMENT, EDUCATION
AND EQUALITY FOR PERSONS AFFECTED BY LEPROCY

Date : 25/09/2018

Pankaj Singh v. Union of India and Others

This writ petition, filed in 2014, had brought the Supreme Court’s attention to the suffering of
persons living with leprosy in the country. It noted that although leprosy has been proven to be
curable and manageable with Multi-Drug Therapy (MDT), millions still suffer from the social,
economic and cultural stigma attached to it because of lack of awareness and misguided notions.
Persons affected with leprosy also suffer immense discrimination due to denial of access to
health services, education and livelihood options and are frequently consigned to live as
marginalized sections of society deprived of human rights. 

The petition, therefore, sought the Supreme Court’s directions to the Union of India and the
States to conduct a periodic national survey for determining new cases of leprosy, in addition to
conducting regular awareness campaigns to dispel fears associated with the disease. It also
sought that the respondents encourage patients lead a life of equality and dignity.

CASES OF MPHRC

CASE – 1
ARRIVAL DATE – 09/06/2016 COMPLAINT NO. - 201613000
REGISTRATION DATE – 09/06/2016 CASE NO. – 201604428
DISTRICT – DANDORI
CATEGORY– LABOUR
SUB CATEGORY – NON PAYMENT/ LESS PAYMENT OF WAGES

PROCEDURAL HISTORY
APPELLATE – Sangayan, Patrika Date - 09/06/2016, Dindori, M.P.
VICTIM – Rajendra Jhariya, Dindori, M.P.
RESPONDENT – Sarpanch Shivanand Uika and others, Dindori, M.P.

Complaint Description – Case was Published in a Daily Newspaper – Heading “Majdoori naa
milne par lagai phasi.”

Facts of the case

 Inquiry of the case had been done by Executive Engineer of Dandori District, M.P.
 As per the report 3.20 lakh were allotted and orders given by Rajendra Jhanjaria to give
wages to the laborers for their work of 22 days, at present time gram panchayat via IPO
directly deposited the money in the bank account of laborers. This system was started on
01/04/2015.
 Secretary of Gram Panchayat continuously asked for the bank account number of
Rajendra Prasad. But instead of giving his own bank account number he provided his
mother account number. It was clearly stated that the account should be hold by the
laborer himself as the account was not hold by Rajendra Prasad there was a delay in
providing wages. As consequences of this Rajendra Prasad attempted suicide he was
saved by the villagers.
 After the fail attempt of suicide on 09/06/2016 amount of 6000 Rs was deposited in
Central Madhya Pradesh Grameen Bank, Shahpura. Which was withdrawnon 21/06/2016.
 Matter was published in a daily newspaper which was picked up by the Human Rights
Commission and Suo Moto they filed a complaint, report was obtained from the collector
of Dindori, and inquiry was done by the district Panchayat of Dindori.

Issues Raised
This amount of wages was not provided to him since 6 th of October 2015 and after the failed
attempt of suicide by the victim wages was immediately deposited in the bank account of
victim’s mother.
1. Issue was raised that if he didn’t attempted suicide he will never get the wages as the
amount was deposited after the suicide attempt.
2. His mother’s bank account was already there before the attempt of suicide.
 3. Still he does not own his own bank account and amount was deposited in his mother’s
bank account.

Recommendation

 This type of labor rule in which wages are obtained through IOP in the account of
laborers is not appropriate and it should be amended so that if any laborer does not have
Bank account he still can receive his wages and he does not try to attempt suicide.
 In this case villagers saved the life of the victim but they did not save him he would
have died.
 So in this case Human Rights Commission recommend to Chief Secretary of Panchayat
that government should open bank account of every laborer or provide any other mean
to get wages so that there should not be any delay in getting wages. Also the photocopy
of the report given by collector and chief executive officer should be provided.

CASE – 2
ARRIVAL DATE – 14/02/2017 COMPLAINT NO. - 201703338
REGISTRATION DATE – 15/02/2017 CASE NO. – 201700963
DISTRICT – JABALPUR
CATEGORY– EDUCATION
SUB CATEGORY – HARRASMENT OF STUDENTS

PROCEDURAL HISTORY
APPELLATE – AN ARTICLE PUBLISHED IN DANIK BHAKAR DATED: 02/02/2017
SUO MOTO COGNITION
VICTIM – STUDENTS OF GOVERNMENT SCHOOL
RESPONDENT – DISTRICT EDUCATION OFFICER AND OTHERS, GOVERNMENT
SCHOOL JABALPUR, M.P.

Case brief: Appellate dispatch for a rightful inquiry on an article published in Danik bhaskar
dated 02/02/2017.
Heading: ‘School mein baccho se dhula rahe bartan.’

Facts of the Case:

 As per the newspaper report in Primary Government School of Jabalpur students are
washings vessels and sweeping the ground.
 This kind of activity is involuntary and inhumane and the institution that provided mid
day meal get extra amount of money from District Panchayat for cleaning vessels.
 In this context a letter was sent to district education officer of Jabalpur Shri N.K. Chauksi
dated: 22/06/17 no.7059 also a report was given in which District Project Coordinator of
Education Department of Jabalpur informed Education officer that School Principal
sometimes to develop the habit of cleanliness among students make them to clean
Vessels this activity is not binding and students do this on their own will.
 But the Principal was still warned against his action as the students are not of the age of
18 and they all are minor so this kind of activity is involuntarily and it violates the human
rights of students and approval by the students does not to clean Vessel absolve the duty
of the Principal.

Recommendation:
From the above stated facts recommendation was given under section 18 of Human
Rights Protection, Act 1993.
 M.P Government assure that the convenience of mid day meal should be
provided properly in Government Schools and penalty should be imposed if the
institution fails to fulfill its responsibility.
 If this kind of activity happens again Principal of the School should be
answerable to all the departmental inquiry.
 Order with the recommendation should be sent to the chief secretary of
education department and time of one month is given to the department to
provide its observation.
 Chief Secretary of Education Department, Bhopal follows the recommendation
in two months and report should be provided to HRC.

CASE – 3
ARRIVAL DATE – 04/08/2017 COMPLAINT NO. – 201716362

REGISTRATION DATE – 04/07/2017 CASE NO. – 201705529

DISTRICT – BARWANI

CATEGORY – CUSTODIAL DEATH

DEPARTMENT – JAIL

PROCEDURAL HISTORY

APPELLANT NAM E – SHRI S.S. CHAUHAN

VICTIM NAME AND ADDRESS – LATE BANDI RATILAL S/O MANYA, VILLAGE
GHATYA POLICE STATION PAANSELAM, DISTRICT BARWANI.

Facts of the case:

 Bandi Ratilal was arrested under section 363,366 of IPC and 7/8 POSCO Act and
confined on 22/06/2017 in sub jail Sendhwa.

(Section 363 in The Indian Penal Code. 363. Punishment for kidnapping.—whoever kidnaps

any person from 1[India] or from lawful guardianship, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also be liable to fine.

Section 366 in The Indian Penal Code. Kidnapping, abducting or inducing woman to compel
her marriage, etc.—Whoever kidnaps or abducts any woman with intent that she may be
compelled, or knowing it to be likely that she will be compelled, to marry any person against her
will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely
that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of
either description for a term which may extend to ten years, and shall also be liable to fine; 1[and
whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or
any other method of compulsion, induces any woman to go from any place with intent that she
may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with
another person shall be punishable as aforesaid].)
  On 03/08/2017 he hanged himself through a pipe in front of the toilet at Berak 1.
 As per the post mortem report of Bandi Ratilal there was no any other blow on his body
except the one on his neck also there was no chemical poison present his body.
 Jail superintendent of Sendhwa, Chief Guard Annar Singh Baghel anf Mukesh Manjhi
did not fulfill their obligations.
 As per the order given by HRC on 12/12/2018 case should be presented in front of the
double division bench for hearing.

Issues:

Jail administration did not follow the rules and regulation of Prison Act, 1894 and Madhya
Pradesh prison rules and regulation, 1968.

Jail Superintendent Shri Ajay Verma should be suspended from his duty.

The length of the towel (Gamcha) which was used by Ratilal was 3 foot 7 inch how could jail
administration allow to use such type of towel to an under trial prisoner.

Guard Mukesh Kumar Manjhi was on duty in section B he accept his fault and he found guilty in
this case.

Jail administration found negligent regarding fulfilling their duties.

Recommendation

Under Section 18 of human rights protection act, 1993 following recommendations are made by
HRC.

 5 lakh should be provided to the heir of late Bandi Ratilal as compensation.

 Madhya Pradesh Government assures that Government should follow all the rules and
regulations of Prison Rule, 1968also follow section 647 regarding the work given to
prisoners.

CASE: 4
CASE NUMBER:-4178

PLACE: - Ashok Nagar

PROCEDURAL HISTORY
PLAINTIFF: - Amar Singh s/o bhawar singh Raghuvanshi
DEFENDANT:-Mithun s/o Sitaram Gandriya

Facts of the Case

This is a case of forced labour where no payment was done to the victim and was made to work
for hours. Lakhan son of Amar Singh through greed was convinced by Mithunto come with him
and then gave Lakhan to one of his friends Narayan in some other village and took cash from
him and returned back to his village. Narayan used to keep Lakhan in his control all the time,
made him sleep with buffaloes and used to lock the room from outside. Whenever the victim
asked for dinner, he was beaten recklessly. After 1 year, victim escaped from his custody and
returned back to his village. He complained to police but no action was taken. Complain was
being transferred from one station to another due to issue with the place where crime happened.
After police investigation, conclusion was drawn as per the evidences that this is a case of forced
labor.

Laws Applied

Section-18 (a). Steps during and after inquiry.—The Commission may take any of the following
steps during or upon the completion of an inquiry held under this Act, namely:—

“(a) where the inquiry discloses the commission of violation of human rights or negligence in the
prevention of violation of human rights or abetment thereof by a public servant, it may
recommend to the concerned Government or authority—

(i) To make payment of compensation or damages to the complainant or to the victim or the
members of his family as the Commission may consider necessary;

(ii) To initiate proceedings for prosecution or such other suitable action as the Commission may
deem fit against the concerned person or persons.
Recommendations

Under section 18 Rs 20000 to be given to lakhan within one month

All the police officials were ordered to start the investigation as and when the crime is reported
without any delay.

Main focus of people should be on weak, hopeless, mentally retarded, kids, women of the society
and speedy process should be there wit.

CASE: 5

REGISTRATION DATE: 27/03/2014

CASE NUMBER: 201410934

DISTRICT: SAGAR

PROCEDURAL HISTORY
APPELLATE ANME AND ADDRESS: Shrimati Bajanti aka Pravesh Rani Husband Shri
Lakhan Singh Lodhi.
Village Parn, post office Biswas, Tahsil/police station Surki and District Sagar, M.P.
RESPONDENT NAME AND ADDRESS: Unknown accused and Police station civil line
Vidisha.
Case brief: An unknown accused robbed mobile and jewelries of appellate and the police of
vidisha told her that the incident took place in Sali, Raisen so they could take the action.
Facts of the case:
 of IPC on 16/03/2015 at the police station of Dehat, Vidisha in this complain accused
Chain Singh Raghuvansh, Village Hatora, ploice station Ganjbasoda, district Vidisha.
 As per the police superintendent of Vidisha he never met the appellate and inquiry had
been done by Sub inspector Shri B.S. Thakur, Vidisha. And according to his report crime
was taken place in Raisen so report was sent to Raisen.
  Human Right Commission sent a letter to Raisen District and demand an answer from
Superintendent of police of Raisen he said that the incident was took place in vidisha and
they sent the complain back to HRC.
 As per the further investigation it was found that the incident took place at the railway
station of Vidisha so the further inquiry should be done by th police station of Vidisha.
Recommendation
 Hrc recommend to provide the Appellate sum of rs.5000as compensation for her mental
torture as her complaint was not registered this violates the Human Rights of the lady and
also the financial expenses suffered by her.
 M.P Government and the Director General of Police made it clear that there should not be
any delay in registering the case.
 M.P Government and the Police Director General, M.P made it clear that all the
commander of police stations and superintendents took the case with all sentiments and
sincerity and trustworthiness. And any fault found in their part a strict action should take
place against them.

CASE 6

CASE NO. – 6946/MORENA/18

REGISTRATION DATE – 28/08/18

DISTRICT – MORENA

PROCEDURAL HISTORY
APPLICANT – SUO MOTO COGNIZANCE

VICTIM – THE RESIDENTS OF BHARAIPURA VILLAGE WHO CONSUMED THE

CONTAMINATED WATER

CATEGORY – LOCAL SELF GOVERNMENT/ PANCHAYAT

SUB CATEGORY – CONTAMINATED DRINKING WATER

DEPARTMENT – HEALTH DEPARTMENT

COMPLAIN –AN ARTICLE PUBLISHED IN RAJ EXPRESS NEWSPAPER, ON 28/08/18,

CONCERNING THE CONTAMINATION OF CONTAMINATED WATER THAT LED TO
PEOPLE FALLING ILL, WAS BROUGHT INTO NOTICE.

Facts and proceeding –

 An article was published in the RAJ EXPRESS newspaper on 27/08/18, with the
heading that people fell ill after drinking contaminated water.
 The Bharaipur village was under the Golhari Gram Panchayat.
 On 10/09/18, a notice was sent to the District Collector and Health Officer, Morena,
to make proper health arrangements and send a response.
 On 02/11/18, a reminder was again sent to the Health Officer and Collector for their
report and response.
 On 14/11/18, the report was received from the Chief Doctor and Health Officer.
 According to the report, 8 patients were admitted in the hospital on 26/07/18. A team
was sent for investigation on 27/07/18. It was found that these people had consumed
water from a well.
 4 more people were hospitalized for being sick. It was spread due to the presence of
fecal matter. 12 patients were affected and not more than that.
 The main Health Centre has sent a letter to the Collector of the district recommending
how to take care of the problem.
 The response to it has not been received.

The case is pending before the honorable Commission.

RECOMMENDATIONS – The concerned authorities should check that filtered and clean
water reaches the each and every citizen of the country and proper steps are taken to ensure the
same.

CASE 7
ARRIVAL DATE – 26/10/2016 COMPLAINT NO. – 201624786
REGISTRATION DATE – 26/10/2016 CASE NO. – 201608455
DISTRICT – BETUL
CATEGORY – HEALTH
SUB CATEGORY – DEATH DUE TO NEGLIGENCE DURING PREGNENCY.
DEPARTMENT – HEALTH
SUO MOTO COGNITION

PROCEDURAL HISTORY
APPELLATE NAME AND ADDRESS: COGNITION, Danik Bhaskar Dated – 26/10/2016,
village Pathai, community health center Shahpura, District Betul, M.P
RESPONDENT NAME AND ADDRESS: A.N.M Health Center, Shahpura, Village Pathai,
District Betul.
Facts of the case
 Rina Dhurve was a pregnant lady suffered from a labor pain her husband took her to the
health center.
 Proper facilities was not provided to her by the in charge Usha Atulkar she had to wait
for two hour outside the health Center as a result of this she had given a birth to still born
child.
 An article published on a daily newspaper “Danik Jagran” Headed: Death due to
negligence during pregnancy, HRC took cognition from the article published in the
newspaper.
 An immediate relief of 1 lakh rs was not given to the family of the deceased.

Recommendation
 An immediate relief of 1 lakh should be provided to the family of the deceased woman
in one month..
 There should be an immediate suspension of the woman in charge Usha Atulkar.
 Family development department should give their remark on this matter.

CASE: 8
CASE NO. – 9444/BHOPAL/2016
APPELLATE – RAJ EXPRESS ARTICLE DATED: 6-12-2016

RESPONDENT – WARDEN AJAJ SHARMA

Facts of the case:

 The warden, Ajay Sharma of a hostel in Hoshangabad, Bhopal assaulted 15-20 children.
He would take obscure pictures of them physically and sexually. The case started with
‘Muskaan’ NGO sent the letter to NCPCR but were notified that MPHRC has taken suo
moto cognizance.
 The letter requested them to conduct investigation with testimony of at least 10 children.
 According to the testimony of the children Ajay Sharma would wake them up in the
middle of the night, would make them bath and make them stand under the fan. The
warden would also beat them and take pictures and videos of them along with his
partners. Furthermore according to reports the children were assaulted because they
belonged to SC/ST casts and their families were involved in the business of rag-pickers.
 The laws applied in this case were- Section 9/10 and 11/12 of POCSO 2012; SC/ST Act
s. 3(1)

Recommendations by the commission -

 Rs 5000/- to all the children living in the hostel

 Regular visits to all the hostels by the collector. Personally talk to the children living in
such hostels and make sure that they are kept well. To provide adequate budget for
cleanliness and hygiene of the hostel. Medical check-up of all the students at least once in
a week. To provide this notification to all institutions having women and child cells.

CASE – 9
ARRIVAL DATE – 20/12/2018 COMPLAINT NO. – 201829228
REGISTRATION DATE – 22/12/2018 CASE NO. – 201809870
DISTRICT – SATNA
CATEGORY – SERVICE MATTERS
SUB CATEGORY – HARRASMENT BY BOSS/STAFF
DEPARTMENT – POLICE

PROCEDURAL HISTORY
APPELLANT NAME AND ADDRESS: KESRI PRASAD VERMA SEWNI, POLICE
STATION RAMPUR BAGHELAAN, DISTRICT SATNA.
VICTIM: KESRI PRASAF VERMA, POLICE STATION RAMPUR BAGHELAAN,
DISTRICT SATNA.
RESPONDENT: NADISINGH SENGAR, POLICE STATION BAGHELAN, DISTRICT
SATNA
Facts of case:
 Appellant and Respondent were incumbent in same police station at the time of their
night shift respondent was highly intoxicated and created nuisance.
 Respondent also forced other to uses Bajrang bali and Sharda maa ki jay in National
Anthem in place of Bharat Mata ki jay.
 On 18/12/15 when appellate refused to say ‘Bajrang bali ki jay’ instead of ‘Bharat Mata
ki jay’ respondent Nadisingh Sengar used abusive language and threaten him to kill.
 This created apprehension of some future misconduct by the respondent in the mind of
Kesri Prasad after this incident appellant is mentally disturbed and living in fear.
 So appellate filed a complaint in Human Rights Commission on 22/09/2018 to demand
for a legislative inquiry against the respondent Nadisingh Sengar.
(Human Rights Commission wrote to the Superintendent of police, Satna to demand and
for an appropriate investigation and sent a registered mail via post to inform him about
the process and it is proposed to closed the case.)

CASE – 10

ARRIVAL DATE: 29/12/2017 COMPLAINT NO. 21727880

REGISTRATION DATE: 30/12/2017 CASE NO. 201709851

DISTRICT: BHOPAL
CATEGORY: HEALTH

SUB CATEGORY: DEATH OF LADY/BABY DURING DELIVERY OR MISBEHAVIOUR

DEPARTMENT – HEALTH

PROCEDURAL HISTORY

APPELLANT NAME AND ADDRESS: TIMES OF INDIA DATED 29/12/17, THE TIMES
OF INDIA, BHOPAL.

RESPONDENT NAME AND ADDRESS: PRIMARY HEALTH CENTER, UMRAI.

Case brief An article was published in a daily newspaper Times of India - Titled ‘women,
Newborn die at primary health center, Umrai.

HRC took Suo Moto cognition

Facts of the case:

 A woman and her newly born baby died after they were left unattended at the
government run primary in Umrai district.
 Phool Bai was a 32 year old lady is a resident of Indarwar area around 40 km from the
District Head Quarter28/12/17 at on 01.10 PM Phool Bai was taken to the primary health
center of Umarai by her husband.
 Contractual doctor Dr R.S Gautam was not present at the time of duty lady was attended
by A.N.M Shrimati Gita Singh who gave the lady two injection before and after the
delivery but the type of injection was not mentioned in the case sheet.
 At the time of admitting the patient she was bleeding very heavily in this condition
should refer her to any other health center A.NM does not do so patient delivered a male
child and the child did not cried after the birth but after few hiccups he died in five
minutes.
 As the consequences of heavy bleeding and proper condition not provided to the patient
she died afterward.
 As per the Chief Medical Officer of Umrai Dr Umesh Namdev that the woman was
anemic and child was still born.
  In the inquiry report it was found that hospital authority was responsible gor the
negligence during the delivery. On 30/12/17 Gita Singh was suspended but there was no
action took place against Dr R.S Gautam.

(Departmental inquiry had been started against Dr R.S Gautam, and all this incidents
violates the human rights and right to life of the pregnant lady and her infant child.
So a rationalized amount of compensation should be provided to the heir of the
deceased)

LECTURES

LECTURE: 1

IPS OFFICEER OF MADHYA PRADESH HUMAN RIGHTS COMMISSION

Mr. Sushma Singh

The lecture was mainly based on the introduction, origin and importance of Human rights.
Ma’am gave a brief introduction of the origin of human rights such as the Magna Carta (1215),
the English Bill of Rights (1689), the French Declaration on the Rights of Man and Citizen
(1789), and the US Constitution and Bill of Rights (1791). She also talked about that National
Human rights Commission of India was constituted on 12 of October 1993 for the protection of
Human Rights Ordinance of 28 September 1993. Also she talked about that the protection of
human rights act, 1993 states that the commission is the protector of “rights relating to life
liberty, equality and dignity of the individual is guaranteed by the constitution or embodied in the
international covenants”. We also discuss about the composition of the national human rights
commission that NHRC comprises of a chairman and four members. The Chairman should be a
retired chief justice of India.

She also talked about State Human Rights Commission was constituted in the state of Madhya
Pradesh in September 1995. Madhya Pradesh was amongst the first few States to constitute this
Commission. The Madhya Pradesh Human Rights Commission is an expression of the concern
for the protection and promotion of human rights. The Chairperson and members of the
commission are appointed by the Governor on the basis or recommendations of a committee
comprising the chief minister as the chairperson, the speaker of the legislative assembly, the
minister- in-charge of the home department and the leader of opposition in the legislative
assembly as members.

This lecture provides all the basic and relevant information about the commission.

JAIL VISIT

DATE: 14/06/19

CENTRAL JAIL OF BHOPAL

SUPERINTENDENT OF CENTRAL JAIL OF BHOPAL: MR. DINESH NARGAWE

On 14/06/19 along with the co interns and with two members of human rights commission I have
visited the Central Jail of Bhopal it was such a galvanize and knowledgeable experience now a
day’s prisons are style as a correction institution rather than as an institution for punishment and
Bhopal central jail is a perfect example of that.

In Bhopal central jail there was a fixed time given to the prisoners to meet their relatives it is a
well organized system with full security every prisoner was given 20 minutes to communicate
via telephone.

Education facilities have been provided to the prisoners when we have visited to the jail some of
the prisoner was giving there Diploma course exam, there was also a well maintained library
provided to the prisoners.

Infrastructure of the jail is quite well maintained there was a meditation hall in the women ward,
a proper library, small class room for the children of the women prisoner, a pharmacy for men
and women both but there is a paucity of doctors in the prison.

There was a kitchen and the inmates have to prepare their own food some of the prisoner were
appointed for cooking food, some of them do cleaning, some make furniture some of them make
cloth, women used to make doll and stitch clothes. Jail administration provide them proper and
equal wages for their word 72 rs per day for unskilled labor and 120 rs per day for skilled labor
also a proper training was given to the prisoners to make them skilled so they can live a happy
and comfortable life after they release from the jail.

Superintendent of Police Dinesh Nargawe also told us about the open jail system in which
prisoners live with their family they out for work in the morning and come back in the evening.
Jail administration is trying to give prisoners as normal life as possible.

There is also entertainment facility provided to them they have television in their cells and they
also have orchestra band of the prisoner and they perform in different functions.

Dangerous and heinous criminal kept in separate cell and we were not allowed to meet them
Bhopal jail has some flaws and jail administration is trying to overcome them there is still need a
lot more to do for a better society.
 BIBLIOGRAPHY

Books and Texts

1. Human Rights: A Political and Cultural Critique by Macau Mutua

2. Women and Human Development by Martha Nussbaum

3. Two treaties of Civil Government by John Locke

4. The Protection of Human Rights Act, 1993

WEBSITES

https://hrln.org/sc-directs-union-govt-and-states-to-amp-up-work-to-benefit-persons-affected-by-
leprosy/

http://nhrc.nic.in/Cases.htm