Annual Report 2008-2009
4.99 The State Government has issued necessary sanction for payment of the monetary relief.
The proof of payment is awaited.
21.
Sexual Assault of a Girl by a Co-student in a Deaf & Dumb School
(Case No.31/8/2001-2002)
4.100 One Sher Singh of Kullu got his deaf and dumb daughter admitted in Bal Sadan School,
Dhalli, Simla. In June 2001 he received a telegram from the school authorities that his daughter
was sick. He rushed to Dhalli and there he discovered that his daughter was seven months
pregnant. When he complained to the Warden, he was roughed up by the school staff. He
complained to the Commission about the entire incident on 4 July 2000.
4.101 The Commission got the matter enquired by the Superintendent of Police, Shimla. It
was reported that a criminal case under section 376 IPC had been registered at Police Station
Dhalli. On examination of the various reports, the Commission found that the school authorities
had been negligent. It was due to the school’s negligence that the poor girl had become a victim
of rape. The Commission observed that when a child is admitted in a residential school, the
staff of the school is under an obligation to take care of the safety and health of the child. If the
residential school is run by the Government, the failure of protective obligation renders the
State liable for the wrong suffered by the child. It thus recommended a monetary relief of Rs.
5, 00,000 to the victim. On receiving the proof of payment, the case was closed by the Commission.
22.
Sexual Assault of a Woman by Collector of Jaspur District, Chhattisgarh
(Case No. 123/33/2003-2004)
4.102 The case relates to a complaint alleging rape of a woman by the Collector of Jaspur
District in Chhattisgarh. A report received from the Police HQs., Raipur revealed that FIR No.
113/2004 u/s 342, 376 & 506 IPC had been registered against the accused Collector. He was also
arrested and a charge sheet was filed against him in the court.
4.103 The Commission observed that the complainant was entitled for payment of
compensation by the State as a public servant was involved in the crime against a citizen which
resulted in violation of her human rights. It thus directed to issue a show-cause notice u/s 18(a)
(i) of the PHRA to the Chief Secretary, Government of Chhattisgarh, as to why suitable monetary
relief should not be granted to the victim.
4.104 The State Government communicated to the Commission that it had no objection with
regard to payment of monetary relief to the victim. It finally recommended to the Government
of Chhattisgarh to pay an amount of Rs. 1, 00,000 as monetary relief to the victim. On receiving
the proof of payment, the Commission closed the case.
i)
Bonded Labour
23.
Labourers Kept in Bondage at Brick Kilns in Village Dhar, Gautam Budh Nagar District, Uttar
Pradesh (Case No. 44697/24/30/2007-2008)
44