NHRC, India
were found guilty and recommended for suspension. An order for suspension was issued and
departmental enquiry was ordered to be initiated.
B.
iv.
The Commission on 14.12.2020 considered the report and observed that since police officials
who are public servants have been found guilty of maligning the image of the victim boy
and unnecessary threats in front of his father, which resulted in his untimely suicidal death,
the State was vicariously liable to compensate the next of kin of the deceased. Therefore, the
Commission directed to issue a show cause notice to the Commissioner of Police, Amritsar
through its Chief Secretary, Government of Punjab as to why suitable compensation of Rs.
3,00,000/- (rupees three lakh only) should not be paid to the NoK of the deceased boy.
v.
In response, the Commission received a report from the Commissioner of Police, Amritsar
City,refuting the recommendation for monetary relief with a submission that departmental
enquiry was initiated against the erring police officials. As per the Magisterial Enquiry
Report, the erring police officials should have exercised their authority within the four
corners of law rather than imposing their super thoughts under the façade of moral policing,
which amounts to misconduct on their part for which departmental action should be taken
against them. Based on the findings of the Magisterial Enquiry, two annual increments of
the erring police officials have been stopped permanently. Regarding taking a bribe of Rs.
500/-, it is submitted that the amount was fined and the same was deposited in the office of
ADCP, Traffic, Amritsar. It was further submitted that the boy committed suicide two days
after the incident and the victim could have been properly guided and counselled by the
family members for proper mental and emotional support. If that would have been done, the
unfortunate incident in question could have been avoided. The deceased was held for not
wearing a mask and taking legal action against a person acting in disobedience of law does
not amount to abetment of suicide. The report concluded the NOK of the deceased is not
entitled to be paid compensation by the Government.
vi.
The Commission considered the report and observed that the Magisterial Enquiry had also
held that erring police officials should have exercised their authority in accordance with the
law rather than imposing their super thoughts under the façade of moral policing and the
same amounts to misconduct on their part. Departmental action has been taken against the
erring police officials. These facts corroborate the conclusion reached by the Commission
while issuing show cause notice. Therefore, the Commission recommended monetary
compensation.
vii.
Subsequently, the compliance report was received from the Addl. DGP, Human Rights,
Punjab, vide communication dated 14.09.2021, wherein it was intimated that monetary
payment of Rs 3,00,000/- was paid and hence the Commission closed the case on 12.11.2021.
Right to Health and Mental Health
7.12 Every human being is entitled to enjoyment of the highest attainable standard of health conducive
to living a life of dignity. As defined by the WHO, health is a state of complete physical, mental
ANNUAL REPORT
65
2021-22