11.
Harassment, Misbehaviour and Injury Caused to U.K
Vajpayee,ANM.: Uttar Pradesh (Case No: 29929/24/2000-2001)
Justice Shri Ranganath Mishra, Member of Parliament and Chairman,
Human Rights Committee of the All India Congress Committee, Delhi referred a
complaint alleging harassment, misbehaviour and injuries caused to Usha Kiran
Vajpayee, ANM., while on duty under the Pulse Polio Program by the policemen
of PS Dakor, District Jalaun, Uttar Pradesh, which resulted in the amputation of
one of her legs.
In response to the notice issued by the Commission, the Government of
Uttar Pradesh sent a report stating that a charge-sheet had been filed in the Court
against the delinquent police officials. On consideration of the report, the
Commission found that the injury resulting in the amputation of one of the legs of
the victim required consideration for the grant of immediate interim relief under
section 18(3) of the Act and, accordingly issued show cause notice to the
Government of Uttar Pradesh.
In spite of the notice which was followed by a reminder, no reply was
received from the Government of Uttar Pradesh. The Commission, therefore,
held that obviously the Government of U.P. had no cause to show against the
award of immediate interim relief to the victim. The Commission observed that
the facts of this case disclosed gross violation of human rights resulting in the
amputation of the leg of the victim, Usha Kiran Vajpayee, who was nearly 37
years of age at the time of the incident. As a result of amputation of one of her
legs, she has to contend with permanent disability for life. The circumstances in
which the victim was made to flee to save herself from the clutches of the
delinquent policemen were also significant in the context. The Commission
therefore awarded Rs. 5 lakhs as immediate interim relief to the victim Usha
Kiran Vajpayee to be paid by the Government of Uttar Pradesh. In response, the
Government of Uttar Pradesh informed that a charge sheet had been filed against
the delinquent police officials. The State Government stated the award of
immediate interim relief of Rs. 5.00 lakhs was excessive and suggested that an
amount of Rs. 1 lakh which was already paid to the victim as immediate interim
relief be considered as reasonable. Not agreeing with the State Government, the
Commission held that the grant of Rs. 5.00 lakhs as immediate interim relief
under section 18(3) of the Act, in the admitted circumstances of the case, was
meant as an application of balm on the wounds of the concerned woman and that
the amount was not excessive and strongly reiterated the Commission’s earlier
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