Complaints before the Commission The Commission noted that legal action had been taken against the erring officials and the hooligans. The land on which the complainant had set up her tea stall was the subject matter of an on-going civil suit. In the circumstances of the case, the Commission felt that an independent enquiry by a senior police officer into the alleged involvement of the local MLA was warranted. The Commission expressed its dismay that the local SHO—a public servant—had willfully not registered Smt Chinta Devi's complaint on time. In this case, the dereliction of duty by a public servant had failed to avert an unfortunate incident. The Commission also expressed serious concern that the culprits had destroyed the tea stall, which was the complainant's only source of income. Keeping the above in view and the constitutional provisions on the right to a means of livelihood, the Commission recommended that: □ The Government of Bihar pay Rs. 25,0.00/- (Rupees nventy-five thousand) as immediate interim compensation to Smt Chinta Devi. □ The Government of Bihar consider providing to Smt Chinta Devi free accommodation under the Indira Avas Yojana scheme to enable her to continue earning her livelihood. □ The Government of Bihar conduct an independent enquiry into the alleged involvement of the local MLA and submit a report. COMMENT Every Indian citizen enjoys the Fundamental Right to life that the Supreme Court has interpreted to include the right to earn a livelihood. And no citizen can be deprived of this right, except by a procedure that is just, fair and reasonable. Smt Chinta Devi was a woman who had been deserted by her husband; and was eking out a living for herself and her children by running a small tea stall. By destroying her tea stall and dispossessing her of her land, the culprits had unlawfully deprived her of her Constitutional Right to a means of livelihood. Rape of a minor Dalit girl by the protectors of law: Uttar Pradesh (Case No. 9133/24/98-99) Shri Chandradhas Maurya, a member of Samta Sainik Dal and a resident of District Bulandshar, Uttar Pradesh, in a complaint to the Commission, alleged the kidnapping, rape and suicide of a 15-year-old Dalit girl ABC (name withheld to protect identity). He stated that two firemen, along with a police constable, enticed ABC away on 14 August 1998, and took her to their rented premises in front of the police station, where they raped her repeatedly. She was allowed to go away the next morning with the threat that she would be killed if she reported the incident to anyone. The girl disclosed the incident to her family members, and she, along with her family members, went to the police 129