NATIONAL HUMAN RIGHTS COMMISSION
of Uttar Pradesh, calling upon him to show cause as to why monetary compensation of `
3,00,000/-(Rupees three lakhs) should not be recommended u/s 18(a)(i) of the Protection of
Human Rights Act, 1993 for violation of the human rights of deceased Chandrahas to be paid
to the NOK of the deceased.
4.73 The Commission considered the response filed by the prison authorities, Government
of UP, on 01.12.2017 and observed that Chandrahas was handed over to jail administration
as per law to produce him before the court concerned as and when required. It was the
responsibility of the jail officials to keep him safe, fit and fine so as to face the trial before the
competent court. The jail authorities cannot escape their liability for the death of the deceased
Chandrahas by taking the plea that he was killed by the co-prisoners. The facts reflect that
there was lack of supervision and watch over the activities of the inmates by the jail officials.
The most important aspect of the incident is that the prisoners were having weapons to cause
injuries to the fellow prisoner. These instruments of causing hurt could not have found its
way into the prison without the connivance or negligence of the jail staff. The then jail staff
was highly negligent in performance of their duty and as a result this incident took place.
Had the jail authorities taken preventive action, the life of deceased Chandrahas could have
been saved.
4.74 The Commission therefore rejected the contentions of the State and recommended
monetary compensation of ` 300,000/-(Rupees Three Lakhs only) to be paid to the next of
kin of the decased prisoner Chandrahas by the Government of UP for violation of human
rights by the prison authorities of Muzzaffarnagar. The Commission further directed the
Chief Secretary, Government of UP, to submit the outcome of departmental enquiry against
the remaining jail officials/officers. The compliance report along with proof of payment and
status of departmental action is awaited.
13) Female Undertrial Prisoner raped by Jail Staff in District Jail, Shaikhpura, Bihar
(Case No.1856/4/34/2013)
4.75 The Commission received a complaint dated 19.05.2013 from Sh. R.H. Bansal, Secretary
General, Antarrashtriya Manav Adhikar Nigrani Parishad, Delhi informing that in District
Jail, Sheikhpura, Bihar, an under trial female prisoner was raped by prison staff Devendra
Ram.
4.76 The Commission took cognizance on 22.5.2013 and obtained a report from the District
Magistrate, Sheikhpura, Bihar on 30.5.2013 which revealed that in connection with the incident
a case at crime No. 150/13 dated 17.5.2013 was registered u/s 376(2)(c)/34 IPC on receipt
of the complaint on 15.5.2013. The case was under investigation. The victim was sent to
hospital for examination and the exhibits taken were sent to FSL, Patna for examination. In
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