Pursuant to the directions of the National Human Rights Commission (NHRC) vide proceedings dated 26.04.2019, a 15-year-old Dalit boy who had been victimized by a Uttar Pradesh Police Constable Sanjesh Yadav in Hathras district, received interim compensation of Rs.1.5 lakh in May 2019. As per report dated 18.07.2019 submitted by the Superintendent of Police, Hathras, before the NHRC, the District Social Welfare Officer, Hathras had deposited Rs.1.5 lakh as on 16.05.2019 in the bank account of the victim towards monetary compensation for the victim.
On 26.04.2019, the NHRC had directed the District Magistrate, Hathras and the Superintendent of Police, Hathras, to file an action taken report on payment of interim relief to the victim under the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act/Rules in case FIR No. 803/18 U/S 377 IPC, under the provisions of POCSO Act and U/S 3(2)5 of the SC/ST (PoA) Act, Police Station Soro, within six weeks. The Commission passed the said direction after it found that the report dated 14.02.2019 of the Additional Superintendent of Police/Nodal Officer (Human Rights), Hathras, and report dated 07.02.2019 of the Circle Officer, City Hathras, were silent on the payment of interim monetary compensation to the victim under the SC/ST (PoA) Act.
The NHRC intervened pursuant to a complaint filed by the Asian Center for Human Rights (ACHR) on 04.10.2019 alleging torture of the victim by the accused UP Police Constable posted with DIAL 100 (Emergency Response Team) at Chamar Gate Police station in Hathras city by forcefully indulging in unnatural sex with the minor victim inside the Police Station. ACHR, inter alia, sought directions to the State Government of Uttar Pradesh to suspend the accused police constable, taking appropriate legal actions against him and payment of adequate compensation to the victim.
On 23.11.2018, the NHRC took cognizance in the matter (NHRC Case No. 34798/24/37/2018) and asked for an action taken report from the concerned authorities within four weeks. The NHRC warned the authorities of invoking coercive process u/s 13 of the protection of Human Rights Act, 1993 for personal appearance of the concerned authority in the event of not receiving the action taken report within the time frame stipulated by the Commission.
On consideration of reports dated 14.02.2019 of the ASP/Nodal Officer (Human Rights), Hathras, and report dated 07.02.2019 of the Circle Officer of Hathras (City), the NHRC found that a case FIR No. 803/18 U/S 377 IPC, under the provisions of POCSO Act and U/S 3(2)5 of the SC / ST (PoA) Act was registered against Constable Sanjesh Yadav, No. 273 at Police Station Soro, Kasganj and the accused had surrendered in the Court and after the investigation the chargesheet had been filed vide CS No. 32/19 dated 16.01.2019. The Commission, however, found that the reports were silent on the payment of interim compensation to the victim although the SC/ST (PoA) Act/Rules.
