NHRC reiterates its recommendations to Uttar Pradesh govt, calls for compliance report in Moradabad gang-rape case

The National Human Rights Commission has asked the Uttar Pradesh government to submit the proof of payment to the victim of a gang rape in Moradabad, which it had sanctioned on the recommendations of the Commission but apparently not released.

The Commission, reiterating its recommendations on February 23 has called for a compliance report within four weeks.

Ensure deployment of women police officers in all police stations, and share a list of police stations where there is no woman police officer; Take disciplinary action against the erring police officers; Register case u/s 166A IPC against police personnel, who did not register case on allegation of rape.

The Commission had registered the case on the basis of a complaint that some men of her locality, under the jurisdiction of Police Station Civil Lines of Moradabad district, had barged into her house on November 18, 2018, while she was alone. She was tied up, gang raped and tortured by them in the 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 Police Station, Civil Lines to report the matter, she was made to wait till midnight but no FIR was registered.

During the course of the inquiry, through its Investigation Division, the Commission found out 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 a one to one and a half months delay in the registration of the case by the Police, it said.

The Commission observed that this delay led to the destruction of vital evidence of the case. This act of negligence of police officials violated the human rights of the victim for which the state government is vicariously liable. Therefore, a notice under section 18 of The Protection of Human Rights Act, 1993 was issued to the Uttar Pradesh government through its Chief Secretary, to show cause why Rs 2,00,000 should not be recommended to be paid as a relief to the victim.

In response, the report of the Government of Uttar Pradesh said that the victim's complaint dated November 25, 2018 was received by the PS Civil Lines on December 12, 2018. Thereafter, an investigation started.

The report further stated that in the interim, the complainant filed an application under section 156(3) CrPC in the court.

On the directions of the court, an FIR was registered against the six accused persons. After investigation, final report 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 has 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, is allowed/sanctioned to be paid to the complainant for violation of her human rights.

However, the Commission observed that the report by the State Government was not conclusive as no inputs were provided on the actions taken by the concerned authorities on the three actionable points recommended by the Commission. The Commission has issued a reminder notice to the Uttar Pradesh government.

( With inputs from ANI )