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7.12.2 NHRC has been proac ve in monitoring state
adherence towards implementa on of Protec on
of Civil Rights (PCR) Act, 1955, and Scheduled
Castes and Scheduled Tribes (Preven on of
Atroci es) Act, 1989. The Commission has also
strongly recommended puni ve measures against
discriminatory prac ces. In furtherance, the
Commission also receives inputs from the Chairperson of Na onal Commission for Scheduled
Castes and Scheduled Tribes and Backward
Classes. The Prohibi on of Employment as Manual
Scavengers and their Rehabilita on Act, 2013,
gives a detailed defini on of 'manual scavenger' in
Sec on 2 (g) as, “a person engaged or employed,
at the commencement of this Act or at any me
therea er, by an individual or local authority or an
agency or a contractor, for manually cleaning,
carrying, disposing of, or otherwise handling in
any manner, human excreta in an insanitary latrine
or in an open drain or pit into which the human
excreta from the insanitary latrines is disposed of,
or on a railway track or in such other spaces or
premises, as the Central Government or a State
Government may no fy, before the excreta fully
decomposes in such manner as may be prescribed, and the expression 'manual scavenging'
shall be construed accordingly.”
The Commission acknowledged an admi ed lapse by
police official ASI Nadir Khan for the delay and, invoking
Sec on 18(a)(I) of PHRA, recommended compensa on of
rupees two lakh to the deceased's wife, ci ng human
rights infringement due to police derelic on.
7.12.3 NHRC considers the systema c exclusion of
certain communi es a grave viola on of human
rights. It has been deeply concerned about the
inhuman and degrading prac ce of employment
of person for manual handling or manual cleaning,
carrying, disposing of or otherwise handling in any
manner, human excreta in an insanitary latrine or
in an open drain, pits, railway track, private homes
and toilets maintained by the Municipal Corporaons, etc. It is commi ed to work towards
promo on and protec on of the rights of SCs, STs
and other vulnerable groups and address the
inhuman and degrading prac ce of Manual
Scavenging.
In response, the DCP, Shahdara District, Delhi, communicated on 25 October 2021, sta ng that the alleged delay in
sending exhibits to FSL, Rohini, was due to the complainant's failure to provide admi ed handwri ng. Efforts were
made to obtain the handwri ng from the family and
employer. The suicide note, along with documents, was
eventually sent to FSL on 02 April 2019. The report
emphasised no fault on the part of IO/ ASI, and a reply to
NHRC's show-cause no ce was duly sent. The complainant, in an affidavit during inquest proceedings, claimed
se lement with the factory owner for Rs. 3,00,000/- and
requested closure of all complaints. The IO/ ASI menoned that the deceased's clothes were seized and not
handed over due to being deposited in the maalkhana.
Chapter 7 - Thematic Areas
7.12.4 Illustra ve Cases
1.) Atroci es on the basis of caste in District Shahdara,
Delhi.
(Case No. 2863/30/2/2019)
The Commission received a complaint from a complainant
alleging that her husband was compelled to take his own
life by his employer, who failed to disburse her husband's
savings amoun ng to Rs.4,80,000/-. Despite repor ng
the ma er to the police, no ac on was ini ated. A report
dated 01 November 2019 was filed by the Deputy
Commissioner of Police, Shahdara District, Delhi. It stated
that an inves ga on was conducted, and the alleged
suicide note was sent to the FSL, Rohini, on 04 February
2019. The report men oned discussions with the APP,
who suggested insufficient evidence for FIR registra on.
The allega ons of caste-sensi ve words and financial
disputes were deemed unsubstan ated. Furthermore, IO
ASI faced queries for delaying the submission of admi ed
signatures to FSL, with the SHO, Geeta Colony P.S.,
directed to take legal ac on based on FSL opinion.
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