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NHRC asks the Delhi Govt. to pay rupees five lakhs as monetary relief to a victim of sexual harassment by a police constable

Anti Torture Initiative, Anti Violence Initiative

Complaint filed by Shruti of PVCHR.

NATIONAL HUMAN RIGHTS COMMISSION
( L A W D I V I S I O N )
    Tel.No.: 011-2338 5368
    Fax.No.: 011-2338 5368
    Telegraphic Add: HUMANRIGHTS
    Homepage: http://nhrc.nic.in
Case No. 1366/30/3/2012    
    Dated: 1/11/2013
     
To    
   
THE COMMISSIONER OF POLICE  
POLICE HEADQUARTERS, M.S.O.BUILDING, I.P.ESTATE., I.T.O., NEW DELHI  
Subject:    
SHRUTI NAGVANSHI, MANAGING TRUSTEEMANAVADHIKAR JAN NIGRANI SAMITI, SA 4/2 A, DAULATPUR,    
     
Sir/Madam,    

With reference to your letter no. dated , I am directed to say that the matter was considered by the Commission on 11/07/2012 and the Commission has directed as follows:

The Commission received a complaint dated 17/02/2012 from Shruti Nagvanshi of a social organization enclosing a news paper report dated 13/02/2012 which mentions that a Delhi police constable Vikas Tomar has been suspended for allegedly molesting a 12 years old girl and a criminal case has been registered at PS Mandir Marg. In response to the notice dated 14/03/2012, the Commission has received a report dated 09/05/2012 from the Addl. Commissioner of Police, Vigilance, Delhi which mentions that enquiry reveals that on 11/02/2012 Shri Dharam r/o Village Churara, Maurani Pur, district Jhansi, Uttar Pradesh (Present address Jhuggi, Upper Ridge Road, Delhi) has reported that constable Vikas Tomar has been apprehended with the help of other labourers while he was molesting his niece Raj Kumari, aged 12 years and handed over to the local police of PS Mandir Marg. Constable Vikas Tomar and the minor girl Raj Kumari were got medically examined at RML Hospital, but the doctor did not observe any external injury on their person. On the statement of Sh. Dharam a case vide FIR No. 22 dated 11/02/2012 u/s 354 IPC PS Mandir Marg was registered and constable Vikas Tomar No. 13410/DAP (posted in 12th Bn. DAP) was arrested and suspended. The case is pending investigation. The Commission has considered the report which reveals that Const. Vikas Tomar has prima facie attempted to outrage the modesty of a minor girl and for this act he is an accused in FIR No. 22 dated 11/02/2012 u/s 354 IPC. He has also been suspended from service. The Commission observes that prima facie, a public servant constable Vikas Tomar has abused his position / power and violated the human rights of a minor girl, aged 12 years, for which the State is liable. Issue a Show Cause Notice to the Government of NCT of Delhi through its Chief Secretary as to why monetary relief u/s 18 of the Protection of Human Rights Act, 1993, be not recommended to be paid to the victim minor girl Raj Kumari. The Commissioner of Police is also directed to submit a further report as to the status of FIR No. 22/12 along with the details of the departmental action taken against Const. Vikas Tomar. Response within six weeks.

2. It is therefore, requested that the additional / complete report as directed by the Commission in the matter be sent latest by 01/09/2012 for further consideration by the Commission.

   

Yours faithfully,

     
     
     
    ASSISTANT REGISTRAR (LAW)
     
     
     
     
     
     

http://nhrc.nic.in/dispArchive.asp?fno=12758

New Delhi, 10th January, 2013
The National Human Rights Commission has asked the Delhi Government to pay rupees five lakhs as monetary relief to a minor, who suffered sexual harassment by a Delhi Police constable. It has also called for a compliance report from the Chief Secretary, Government of NCT of Delhi, along with a proof of payment. 

The Commission has directed that the money should be put into a fixed deposit in her name, the interest from which her legal guardian would be authorized to use for her welfare while she is a minor. The principal, together with any accrued interest, would be at her disposal when she becomes an adult. 

The Commission took up this case on the basis of a complaint quoting a media report dated the 13th February, 2012 about the incident. Reportedly, a 12 year old girl was molested by a Delhi Police constable. On the basis of the material on record submitted by the concerned authorities before the Commission in response to its notices, it was found that the constable had prima-facie outraged the modesty of the minor girl and for this he was an accused in FIR No. 22 dated 11th February, 2012 u/s 354 IPC at Police Station, Mandir Marg, New Delhi. He had also been suspended from service. 

The Commission observed that prima-facie, a public servant had abused his position/power and violated the human rights of a minor girl for which the State is liable and issued show cause notices to the Government of NCT of Delhi through its Chief Secretary and the Delhi Police Commissioner. They were also asked to inform about further action against the constable. 

In response, the Commission has been informed that a challan had been filed in the matter before a court. It was also said that the Commission might decide the monetary relief to the victim as per the provision laid down in this regard. The Commission, therefore, recommended the Chief Secretary, Government of NCT of Delhi to make payment of rupees five lakhs as monetary relief to the victim.

Complaint by Peoples' Vigilance Committee on Human rights


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