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  • Haryana

    I. Overview. 1

    II. Human rights violations by the security forces 1

    a. Violations of the right to life. 1

    b. Arbitrary arrest, illegal detention and torture. 2

    III. Judiciary and administration of justice. 3

    IV. Violations of the rights of the Dalits 3

    V. Violence against women. 3

    VI. Violations of the rights of the child. 4

    VII. Violations of the prisoners’ rights 4

     


    I. Overview

     

    Ruled by the Indian National Congress, Haryana remained a lawless State especially with regard to the Dalits. Their rights continued to be violated by upper caste. There is substantial evidence suggesting that the abuse takes place with the complicity of the police.

     

    The law enforcement personnel continued to be responsible for custodial deaths and illegal arrest and detention while judicial plagues the administration of justice.

     

    Women continued to be victims of rape, honour killing etc while the police often violate the provisions of the Juvenile Justice (Care and Protection of Children) 2000.

     

    Haryana also witnessed a high number of cases of death in prison custody.

     

    II. Human rights violations by the security forces

     

    The Haryana Police continued to be responsible for serious human rights violations such as custodial deaths, illegal detention, torture and rape.

     

    According to the 2006 Annual Report of National Crime Records Bureau, a total of 1,233 complaints were received against the police personnel in Haryana during 2006. Departmental inquiries were ordered into 615 cases. 11 police personnel were sent up for trial during the year. The NCRB failed to report the number of police personnel whose trials were completed and the number of police personnel convicted.[1]


    a. Violations of the right to life

     

    According to the information obtained by Asian Centre for Human Rights through the Right to Information (RTI) Act, the NHRC received two cases of deaths in police custody and two cases of encounter deaths in Haryana during the period of 1 April 2006 to 31 March 2007.

     

    The National Crime Records Bureau recorded one death in police custody in 2006. The police claimed the death as suicide.[2]

     

    In 2007, ACHR documented a number of deaths in police custody. In the majority of cases, the police claimed that the deceased had committed suicide.

     

    On 17 April 2007, Rohtas Singh, son of Pratap Singh of Banchari village of Hodal sub-division in Faridabad district, was tortured to death at Hodal Police Station within few hours after his arrest. ACHR conducted an on-the-spot investigation and found strong evidence to suggest that the victim died as a result of torture and his dead body was hung from the top most cross bar of the ceiling of the lock up room to make it appear to be a case of suicide. Eyewitnesses interviewed by ACHR’s team claimed that the deceased’s feet were hanging at a height of only one or one-and-half inch above the ground and there were signs of injuries on various parts of body of the deceased, more particularly, on the chest and legs. There was bleeding from the ear and nose. In addition, the victim’s mouth was closed, which is unusual in cases of death by hanging. The Post Mortem Report (PMR) recorded ante-mortem injuries “caused by blunt force”. Though the PMR recorded “death by hanging”, it failed to indicate whether it was a case of suicide or homicide.[3] On the basis of the investigation report, ACHR filed a complaint with the NHRC on 13 June 2007.

     

    On 11 June 2007, 65-year-old Chandgi Ram allegedly committed suicide by hanging himself with a towel in the lock-up at Pataudi police station in Gurgaon. He was arrested on the charge of rape on 7 June 2007.[4]

     

    On 17 December 2007, one Jogi, a resident of Shahbad Markanda in Kurukshetra, was allegedly tortured to death at Shahbad police station in Panchkula district. He was arrested by the Criminal Investigation Agency (CIA) police from his residence on 8 December 2007 in connection with a case of theft. The family members of Jogi were not allowed to meet him and the police allegedly demanded Rs 2 lakh for his release and the police tortured him to death when the money was not paid.[5]


    b. Arbitrary arrest, illegal detention and torture

     

    The Haryana Police continued to responsible for illegal detention and torture.

     

    According to the information received by Asian Centre for Human Rights under the Right to Information (RTI) Act, the NHRC received 19 cases of illegal arrest, 30 cases of unlawful detention, 1 case of disappearance and 298 cases of other police excesses in Haryana during the period of 1 April 2006 to 31 March 2007. The NHRC also received 816 complaints of failure to take action by the police during the same period.

     

    On the night of 11 April 2007, Vijay Kumar (32), resident of Silla Khera village, and Jora Singh, son of Rai Singh of Sind tehsil, were allegedly beaten up by a police person at Sadar police station in Kaithal district. They were kept in the police lock-up for the whole night and tortured.[6]

     

    III. Judiciary and administration of justice

     

    There were 68 vacancies against the sanctioned strength of 308 judges in the District and Subordinate Courts in Haryana as on 30 September 2007. Besides, a total of 5,45,925 cases were pending with the District and Subordinate Courts as on 30 September 2007.[7]

     

    IV. Violations of the rights of the Dalits

     

    Dalits continued to be targeted for their caste during 2007. Killing, rape, loot and arson were common in Haryana. The National Crime Records Bureau recorded a total of 283 incidents of crime against the Scheduled Castes in 2006. These included 7 cases of murder, 31 cases of rapes, 15 cases of kidnapping and abductions, 86 cases under the SC/ST (Prevention of Atrocity) Act of 1989, among others.[8]

     

    On 27 August 2007, a Dalit youth identified as Rakesh was killed at Gohana in Sonepat district.[9]

     

    On 1 March 2007, a group of Rajput youths allegedly ransacked and burnt 16 houses belonging to Dalits in Salwan village in Karnal district in an alleged attempt to take revenge of the killing of an upper caste landlord.[10]

     

    On 1 January 2007, a 25-year-old Dalit woman was allegedly gang raped by three persons in Kansapur. Later the police had reportedly forced her to reach a compromise and she was paid Rs 30,000.[11]

     

    Dalits are also targeted for inter-caste marriage. In June 2007, Manoj, a Dalit from Nooh village and Rimpy, a girl from the influential Saini community, were given death sentence by the village panchayat.[12]

     

    V. Violence against women

     

    Women continued to be victims of rape, honour killing etc.  According to the National Crime Records Bureau, a total of 4,617 crimes against women were reported in 2006. These included 608 cases of rape, 431 cases of kidnapping and abduction, 255 cases of dowry death, 2,254 cases of cruelty by husband and relatives, 486 cases of molestation, 85 cases under Immoral Trafficking (Prevention) Act of 1956, among others.[13]

     

    The police were responsible for committing acts of rape. On 11 August 2007, a woman was allegedly raped by Pawan Kumar, Head Constable of Gurgaon police when she had gone to the Sector 10A police station in Gurgaon to lodge a complaint about her lost mobile phone. Later, Kumar allegedly raped the girl repeatedly in different locations. [14]

     

    There were reports of honour killing. On 15 June 2007, Manoj and Babli of Kaithal district were killed allegedly by the girl’s family because they had gone against tradition and married in the same gotra, caste.[15]

     

    Similarly, on 16 August 2007, Saroj (27) was reportedly killed by her brother and cousin a day she had returned home at Barota village in Sonepat district after she had eloped with her lover seven years ago.[16]

     

    VI. Violations of the rights of the child

     

    According to the National Crime Records Bureau, a total of 462 crimes against children were reported in 2006. These included 19 cases of murder, 176 cases of rape, 158 kidnapping and abduction, 7 cases under Child Marriage Restraint Act of 1978, among others.[17]

     

    The police often violate the provisions of the Juvenile Justice (Care and Protection of Children), 2000.

     

    On 14 August 2007, 13-year-old Mukhtayar and his 15-year-old brother, residents of Bhupgarg village in Faridabad, were taken into custody by police and tortured before being released on 16 August 2007. Mukhtayar was an eyewitness of the murder of his mother which took place on 29 July 2007 and alleged that he was being pressurised to “change the name of murderers in his statement before the police”. The boys were not presented before the Juvenile Justice Board at any time or charged with any offence.[18]

     

    VII. Violations of the prisoners’ rights

     

    According to the information obtained by Asian Centre for Human Rights under the Right to Information (RTI) Act, the NHRC received 51 cases of deaths in judicial custody in Haryana during the period of 1 April 2006 to 31 March 2007.

     

    ACHR has also documented other cases of deaths in judicial custody during 2007.

     

    On the night of 15 April 2007, under-trial Ajit (47) reportedly committed suicide by hanging himself from a ventilator grill in the Jind jail.[19]

     

    On the night of 2 September 2007, a convict identified as Virender (22) of Karbarchha village allegedly committed suicide by hanging in the bathroom of Jind jail. The jail authorities claimed that he committed suicide by hanging himself in the bathroom. However, the family members of the deceased alleged that he was hanged inside the jail and then showed it as a case of suicide by the jail officials.[20]

     

    On 10 November 2007, Balwan reportedly committed suicide in a prison in Bhiwani district.[21]



    [1]. 2006 Annual Report of the National Crime Records Bureau

    [2]. 2006 Annual Report of the National Crime Records Bureau

    [3]. The full report of ACHR’s investigation in the custodial death of Rohtas Singh is available at http://www.achrweb.org/ncpt/rohtas.pdf

    [4]. 65-yr-old rape accused hangs self in custody, The Times, 12 June 2007

    [5]. ACHR’s Complaint to NHRC, Ref. No. HR/03/2007

    [6]. Police harassment alleged, The Tribune, 14 April 2007

    [7]. Supreme Court of India, Court News- October – December 2007, available at: http://supremecourtofindia.nic.in/CtNewsOct_Dec07.pdf

    [8]. 2006 Annual Report of the National Crime Records Bureau

    [9]. Bus set on fire in Haryana town, The Hindu, 31 August 2007

    [10]. Houses of 16 Dalits ransacked, The Tribune, 2 March 2007

    [11]. Gangrape case takes new turn, The Tribune, 5 January 2007

    [12]. Inter-caste marriage means death for Haryana couple, CNN-IBN, 12 July 2007, available at: http://www.ibnlive.com/news/haryana-couple-marries-outside-caste-gets-death/44704-3.html

    [13]. 2006 Annual Report of the National Crime Records Bureau

    [14]. Gurgaon cop charged with repeated rape, The Pioneer, 31 August 2007

    [15]. “Honour killing”: victim’s kin seek NCW , NHRC help, The Hindu, 11 July 2007

    [16]. Haryana woman falls victim to honour killing, The Times of India, 20 August 2007

    [17]. 2006 Annual Report of the National Crime Records Bureau

    [18]. Child rights commission gets cracking, The Tribune, 24 August 2007

    [19]. Undertrial commits suicide, The Tribune, 17 April 2007

    [20]. ACHR’s Complaint to NHRC, Ref. No. HR/02/2007

    [21]. Prisoner dies, The Tribune, 11 November 2007

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