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inquiry to ascertain whether the death was a result of
negligence on the part of government officials.
During the spot inquiry, the team engaged with the
deceased boy's family members, police officials,
representa ves of the MCD, Delhi Jal Board, and the
Irriga on and Flood Control Department. The team
gathered statements from the family members. Based on
the evidence presented, the Commission determined
that the young boy's death resulted from falling and
drowning in the drain due to the negligence of the
department responsible for construc ng the drain's
protec ve wall. The post-mortem report verified the
cause of death as asphyxia due to drowning. Given clear
negligence on the part of government authori es, the
Commission issued a Show Cause no ce under Sec on 18
of the PHRA, to the Chief Secretary, Government of NCT of
Delhi, inquiring why the Commission should not recommend compensa on of Rs. 3 ,00, 000/- to the next of kin of
the deceased. Furthermore, the Chief Secretary, Government of NCT of Delhi, was directed to formulate a Standard Opera ng Procedure (SOP) for the safety and
protec on of residents/public living near such drains. The
direc ve also included the forma on of an interdepartmental panel comprising various civic agencies to
address and prevent similar accidents or incidents in the
future. The Secretary of the Irriga on and Flood Control
Department (I&FC), Government of NCT of Delhi, was also
instructed to repair or construct the walls on both sides of
the canal, make provisions for canal cleaning, and iden fy
specific spots for such ac vi es.
In response, the Office of Execu ve Engineer (CD-IV),
Irriga on and Flood Control Department, Shastri Nagar,
Delhi, reported that a team from the department, along
with field officers, inspected the area where the incident
occurred. According to their inquiry report, residen al
dwellings were situated at a distance of 20 meters from
the drain, separated by a road and bank of the drain.
Furthermore, wire mesh jali was installed over the bridge
railings to ensure commuter safety. The occasional
breaking of the wall was a ributed to vehicular impact or
miscreants disposing of garbage/ malba, despite the
department providing designated spaces for waste
disposal. While maintain- ing that the department was
not at fault for the tragic incident involving the young
child, the department expressed willingness to consider
Chapter 7 - Thematic Areas
providing monetary assistance on humanitarian grounds,
recognising the irreplaceable loss suffered by the family.
The authori es concerned confirmed that the compensaon of Rs. 3,00,000/- had been disbursed to the next of kin
of the deceased as per the Commission's direc ves.
Subsequently, the case was closed on 14 June 2022.
6.) Brutal murder of a tribal woman on suspicion of
prac sing witchcra in Jharkhand wherein a
proposal for compensa on was moved.
(Case No. 1059/34/18/2022)
Instant complaint was received regarding allega on of
brutal murder of one 45-year- old tribal woman, on 3 July
2022, on suspicion of prac sing witchcra at Village
Gangimundi, PS-Manjhari, District-West Singhbhum,
Jharkhand. It was alleged that the incident of witch
hun ng in the State of Jharkhand shows failure on the part
of the State government to contain this social evil despite
enac ng the Preven on of Witch (DAAIN) Prac ces Act
2001. The complainant was seeking interven on of the
Commission inter alia for an independent inquiry into the
brutal murder of 45-year- old tribal woman, stern ac on
against the perpetrators under the relevant penal
provisions, a compensa on of Rs. 10 lakhs to the next of
kin of the deceased and an ac on taken report in respect
to preven on of sorcery/witch-hun ng in the State. The
complainant requested interven on of the Commission.
The Commission vide its proceedings dated 30 November
2022 had directed the complainant to submit comment
upon the report submi ed by the authority in the instant
case. Report dated 03 September2022 was received from
District Magistrate, West Singhbhum, Chaibasa,
Jharkhand. As per the report, a FIR had been registered
and the case was under inves ga on. The proposal for
compensa on was ini ated by the police. Report dated 17
October 2022 was received from the Superintendent of
Police, Paschimi Singhbhum, Chaibasa. As per the report,
a charge-sheet had been filed against the accused and the
proposal for compensa on had been moved. As per CMIS
records, no comments were received from the complainant. In view of the reports, as above, and in the absence of
any further comments of the complainant, further
con nuance of the proceedings in the ma er was not
called for. The case was closed.
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