STATE HUMAN RIGHTS COMMISSION
Appan Road, Vazhuthacaud, Trivandrum – 695 014
Dated, 16th November 2004
Dear Sri. K.K.
I had a discussion
along with Hon’ble Member Prof. S. Varghese with the following
Officers of the General Hospital, Thiruvananthapuram with
respect to the Hospital condition prevailing there. Namely:
Dr. Soya Babu, Superintendent, General Hospital, Thiruvananthapuram.
Mahesh Kumar, R.M.O, General Hospital, Thiruvananthapuram.
Dinesh, Dy. Superintendent, General Hospital, Thiruvananthapuram.
the discussion prima facie it reveals certain steps have
to be taken as a corrective measure to improve the existing
conditions of the General Hospital. I have detailed below
few of them.
The existing pipe line supplying water to the General Hospital
has to be replaced with a new line with larger bore. It
appears that the existing pipe line is old and rusted causing
obstruction for free flow of water. Besides, there may
be bacterial infection due to fungus within the existing
pipe as it is well known that the bore cannot be cleaned,
the only means to rectify is to replace it. I understand
that the Superintendent of General Hospital has already
addressed the Assistant Executive Engineer, Kerala Water
Authority, Chala sometime in August, 2004 to take necessary
steps in the matter urgently.
There is acute shortage of staff strength in the Hospital.
The staff position is in the ratio 6:1 i.e; for six beds
one Nursing Nurses. Reckoned in this manner, there is requirement
of 113 Nursing Nurses and 53 Head Nurses. This is not available
in the entire Hospital. In this behalf, I will refer to
Ward No: 9 illustratively. This ward has attained “notoriety”
because of the media attention drawn due to a photograph
published in one of the vernacular daily. The bed strength
is 49 (27 Male and 22 Female ). Actually the situation
prevailing is that there are three to four times excess
patients in this ward. For want of space, these patients
are accommodated on the floor and sometimes under another
cot. The Doctors informed us that several patients are cured
patients and in a position to leave the Hospital. While
Police Authorities and others bring abandoned and destitute
patients to the Ward and leave them there, they do not at
all take away the cured patients out of the Ward. This
is mainly because these unfortunate people have no place
to go. No one claims them and they have almost forgotten
as to from which place they came and as to where they should
return. Unless there is a Rehabilitation Centre were
such persons can be housed, the will only multiply. Even
though there is suitable space in the hospital compound
itself to put up a construction to function as a Rehabilitation
Centre, yet it may not be advisable to do so for various
reasons. That may lead to an undesirable traffic between
cured patients in the Rehabilitation Centre and the
patients in Ward No.9 and other comfortable wards. The
Government should actively consider constructing a Rehabilitation
Centre at a suitable place far way from the Hospital atmosphere.
Once decided in principle, as to how to go about implementing
this can be worked out.
3. Immediately there is a need for constructing one
more block adjacent to Block No.9 to house an extension
for Block No.9, By putting up this structure, many of the
patients who are lying spread on the floor, under the cots
and in the verandah could be shifted to this Block. The
patients have been taken here and accommodated on the
floor space of Block No.9 as there is no other place to
house them. Besides such accommodation causing undesirable
effect that it breeds infectious diseases among cured
persons, it is really inhuman to make aged and invalid patients
lie on the floor.
4. There is one other aspect also intimately connected
with this Ward No.9. That is this ward is being treated
as a place where the Police generally dump people picked
up from the streets as destitutes. Normally, there is no
by-standers and therefore they have to depend on the Home
Nurses arranged by the Hospital authorities. Thus directly
these persons are at the mercy of the Hospital Authorities
and. Charitable organizations. No doubt, both are doing
commendable and wonderful services here, yet more is wanting
which could be done to these helpless people. This is one
other reason why the Government can consider immediately
putting up an additional structure where at least these
sick persons can be shifted and can have a proper place
to rest. Thereafter the existing arrangement for the distribution
of food currently being done by Social Organisations and
Hospital Authorities can be streamlined.
5. Next important consideration is regarding the disposal
of the waste. There is an Incinerator established expending
large sums of money. We were informed that it is not
working as an equipment costing Rs.63,000/- has to be purchased
to rectify the current defect. We were also told that
the Hospital authorities have sought for administrative
sanction to acquire this part. The Hospital Authorities
informed me that delay in getting administrative sanction
from the Government is causing much inconvenience and embarrassment.
The accumulation of removable rubbish is yet another item.
We were informed that, they should follow the procedure
of inviting tender and disposing off the same. This also
requires administrative sanction which again is delaying
the whole issue. Meanwhile, waste accrues creating nauseating
atmosphere. To avoid this statement I suggest to permit
them to enter into a running contract valid for 1 or 2
years with the right to remove the waste as and when it
accrues. This is a very important in the matter of removal
of broken bottled and glasses which are heaped at a place
with a chance of being picked-up by anti-social elements
and strewn all over. Also it was noticed that there are
other wastes collected such as food waste thrown by patients
and their by-standers which attract street dogs which
is a menace to all in and around the hospital.
There is difficulty in the matter of procuring medicines
as well. It is desirable that a separate Corporation is
formed to procure medicines for all Government Hospitals
through out the State who would acquire and replenish stocks
and medicines without any delay in all Hospitals. It
is a matter which should be engage attention of the Government
There is one other aspect which should be noted by the
Government in connection with the cleaning of Hospital.
There are two Grade personals recruited for this specific
work. They have two categories namely; I Grade and II Grade.
Grade I Hospital Attendance attend to the cleaning of the
roof, carrying stretchers pushing stretcher cart etc., while
Grade II is predominately discharge the duty of cleaning
the floor. The II Grade employee are the feeder category
of filling up the vacancies in I Grade. It is noticed
that the age of superannuation for a II Grade employee
is 70. Majority of the II Grade employees have forsaken
promotion so much so, they remain in the same category till
their retirement. A I Grade employee is eligible to be
promoted to the higher category and as and when they are
promoted, the I Grade post remains vacant as there may not
be any willing candidate to be promoted from the II Grade.
As such, I Grade posts are permanently vacant. This anomaly
should be rectified by the Government by mending the Service
Rules, including making provision for direct recruit as
well to the I Grade staff besides promotion from the II
The electrical wiring of the entire hospital has to be replaced.
The existing wiring is old at some places it is dangerously
separated from the wall. Wherever plastering on the walls
have peeled off, it should be replaced..
is not possible to meet the needs of patients by the Medical
Men alone as they have enough more duties and responsibilities
in the hospital to discharge. Visits by members of the
public, in the wards where patients are convalescing will
improve the atmosphere of the Hospital. After making a
meaningful discussion N.G.Os should be located, who are
willing to visit the hospitals and act as by-standers for
lonely and desperate patients. Therefore, after consulting
them and this Commission be permitted to constitute a Non-Statutory
Committee consisting of persons drawn from N.G.Os and
other Non-Government bodies to involve in the functioning
of the Hospital under the aegis of the State Human Rights
Commission. It is the duty of the Committee after intimating
the Human Rights Commission, to take up all appropriate
steps to improve the condition in the Hospital.
I would like to have discussion with you on these aspects,
Justice V.P. Mohan
K.K. Ramachandran Master
the Kerala State Human Rights Commission
Mr.Justice V.P.Mohan Kumar,
No.405 of 2003
Janakeeya Samithi, C/o.S.Akbar, Shine
Sasthampadi, Palakkad –678 621.
Secretary, Kanjikode Grama Panchayat.
No.2369 of 2004
R.Ramanadhan, K.N.Puthur V.V.K>Nagar,
The Proprietor, Kairali Steel, Kanchikode.
dated , 2006.
delivered by Hon’ble Justice V.P.Mohan Kumar
1. These two cases illustrate the poignancy experienced
and sufferings undergone by the villagers near the Industrial
Estate in Kanjikode. The dwelling houses are situated ain
Pudusseri Grama Panchayath. There are nearly 8 Steel Re-Rolling
Mills spread in around the neighbourhood of the residents
of the villages. Some of them are:
1) Kairali Steels
M/s. A.P.Steel Pvt.Ltd.
M/s. Minar Alloys & Forginfs Pvt.Ltd.
M/s. Surabhi Espath Pvt.Ltd.
M/s. P.P.S. Steels Pvt.Ltd.
M/s. M.A.Steels Pvt.Ltd.
M/s. Hadeed Steels Pvt.Ltd.
M/s. Surabhi Pipe Casting Pvt.Ltd.
beyond the limits of these dwellings in the village, the
following mills also exist: Namely:
M/s.Libra Steel Pvt.Ltd.
M/s.Vanjinad Forgings Pvt.Ltd.
M/s.Padma Balaji Steel Pvt.Ltd.
M/s.Lal Steel Pvt.Ltd.
M/s.Gasha Steel Pvt.Ltd.
M/s.Scotfree Steels Pvt.Ltd.
M/s.World Wide Steel Pvt.Ltd.
M/s.Steel Max Rolling Mills Pvt.Ltd.
M/s.Mannarghat Steels Pvt.Ltd.
M/s.Bhoopathi Steels Pvt.Ltd.
CPS Steels Pvt.Ltd.
these Mills stated are situated in the same Pnhayuath ie.Puduseri
Grama Panchayat, Palakkad District. Apparently it looks
as if a jungle of steel Re-rolling Mills.
The existence of such mills, it is alleged, generates impediments
to the enjoyment of pollution free environment by the people
in and around the area. The villagers filed complaints
before this Commission complaining of atmospheric pollution
and depriving of clear water in the nearby river. They
sought this commission to invoke its jurisdiction to secure
pollution free living for them. They ally that there is
a river skirting the village and due to the discharge of
efflux from the factories, this river is completely polluted.
They claimed that the villagers due to the proximity of
the river used to use the water for drinking and other purposes.
Since the allegations disclosed serious case of atmospheric
pollution and acts which contribute to affect the right
to live of the villagers, the Commission entertained the
complaint and registered the same as HRMPs.
On these grievances, to verify the veracity of the allegation
I visited the residential houses referred to in the complaint.
I noticed that employment in the factories have been secured
by persons coming from far off places like Bihar and Uttar
Pradesh apparently because of the hard labour work involved
in the factory involve and also considering the gains made
by the management due to comparatively low wages that need
be paid for such workers. However this Commission is not
concerned with this issue at present.
5. The complaint relates to the environment pollution experienced
by the villagers living in and around these factories.
As stated I visited the village surrounding the factories.
This village is separated aby a small river. In fact this
is only an apology for a river as I noticed that the water
is completely polluted. The foul smelling smoke that is
emitted from the factory is completely black.
THE KERALA STATE HUMAN RIGHTS COMMISSION, THIRUVANANTHAPURAM
Present: Hon’ble Mr.Justice
dated 1st September, 2006.
Respondent: : Kerala
State Electricity Board
made by Justice(Retd.) V.P.MOHAN KUMAR;
1. The anove HRMP was initiated on the basis of a news
item reported in Malayala Manorama dated 28th May, 2006. The show cause notice issued to the officers
representing K.S.E.B. stated as under:
the Malayala Manorama, Eranakulam Edition dated 28-05-2006,
carried the enclosed news item disclosing the unfortunate
death due to the electrocution of Saddam Hussain, S/o.Mujeed
Rahman, aged nine years, a pavement dweller in Aluva,
whereas, the news discloses an act of negligence on the
part of the Officers of K.S.E.B. is not disconnecting power
supply through a broken live electric wire.
whereas, this Commission feels such act on the part of the
public authority like K.S.E.B. amounts to callous indifference
shown to the safety of public at large.
whereas, this Commission proposes to take suo-noto proceedings
with respect to the incident
decided to set the matter for hearing to 24-06-2006 at the
sitting at Guest House, Aluva.
enter appearance and disclose to the Commission, the steps
taken by you to avoid prevention of such incidents in future
and as to what compensation would be paid to the legal representatives
of victim of the accidents.”
In pursuance to the notice, the Executive Engineer, Electrical
Division, Alwaye and two other Officers, appeared on 24-06-2006.
They made their submission and they sought some time to
file detailed statement. On 01-07-2006, a statement was
filed on behalf
of the Kerala State Electricity Board, detailing their objection
to the show cause notice.
3. The facts
are that a child by name Saddam Hussain, aged 9 years, while
passing along the National High Way described in the news
paper in detail near the KSRTC Garage in Alwaye, came in
contact with the broken live electric wire. The allegation
in the news paper is tht there was negligence on the part
of Electricity Board in not disconnecting the power supply
despite notice of the snapping of the wire. It was raining
very heavily. The deceased was Saddam Hussain, S/o.Mujeeb
Rahman of Thakkala Village in Kanyakumari District. He
and his sister and parents were pavement dwellers in and
around Alwaye and they were below poverty line. His mother
had certain chronic illness disabling her from walking,
the father had also certain chronic illness. Their only
hope was their son. In view of the physical disability
of the mother, the father carried her in a three wheeled
As undertaken, the Board filed a statement stating as under:
27-05-2006, a fatal accident was occurred to Master Saddam
Hussain, son of Sri.Mujeeb Rahman, Darga Road, Makkayil
Palayam, Thakkala P.O., Kanyakumari(District). The incident
was happened in the spot opposite to FIT Company, Aluva
and in front of Best Bakery. When the information of the
accident was received by Sri.Synish, Lineman, he immediately
contacted the Sub Station, Aluva and arranged to switch
off the 11 KV Thaikkattukara feeder which is feeding the
said area. Supply to the said area from 110 KV Sub Station,
Aluva was also got switched off as per information from
the Section Office at 8.40 a.m. The matter was reported
to the Electrical Inspectorate, Eranakulam and Police Station,
Aluva for taking further action. Immediately after switching
off the feeder the duty staff rushed to the accident spot,
meanwhile the victim was taken to the Karothukuzhy Hospital,
accident site was inspected by the Section Assistant Engineer
and a site mahazar was prepared. It is understood that
there was heavy rain and wind on the morning of 27-5-2006.
Due to that a branch of the tree situated beyond the clearance
area of the line was broken and fell on the line due to
the lashing of heavy wind and caused snapping of the line.
Hence it is understood that the fact of snapping of the
line failed to reach the notice of the public at once.
No sooner did the line snapped, the boy came into contact
with the live line and got electric shock. However, the
falling of the tree and snapping of line were instantaneous
and could not be prevented by normal precautionary measures.”
- 3 -
The parents of the deceased child are street dwellers.
As is seen from the paper report, they were not present
at the scene at the time of accident. As such, no purpose
could be served by directing them to produce evidence.
Besides, Electricity Board being a Corporate Body their
fight against them would be totally one sided and between
unequals. Hence by setting it down for evidence, it may
give rise to an avenue to lead perjured evidence. Therefore
I decided to proceed without further postings.
I considered the submissions contained in the statement.
The Board had also produced a photo copy of a Register maintained
by them wherein it was noted the time of intimation of the
accident. After considering all aspects, I am of the view
that it is a clear case where rule in Rylands Vs. Fletcher
laid down by Justice Blackburn in 1866 would apply. The
rule of strict liability declared therein has come to stay.
The said rule decares inter-alia that:
“The rule of
law is that the person who, for his own purpose, brings
on his land and collects and keeps there anything likely
to do mischief if it escapes, must keep it at his peril,
and if he does so not do so he is prima-facie answerable
for all the damage which is the natural consequence of its
In several cases including M.C.Mehta Vs. Union of India
1987(1) SCC 395, in Parvati Devi & others Vs. Commissioner
of Police, Delhi & others 2000 SCC 754 and also in HSEB
& others Vs.Ramnath & others 2004(5) SCC 793 this
rule has been invoked and applied by the Supreme Court.
In Ramnath’s case referred to supra dealing with electricity
mishap the Supreme Court observed as under:
appellants are carrying on a business which is inherently
dangerous. If a person were to come into contact with a
high-tension wire, he is bound to receive serious injury
and/or die. As they are carrying on a business which is
inherently dangerous, the appellants would have to ensure
that no injury results from their activities. If they find
that unauthorized constructions have been put up close to
their wires it is their duty to ensure that that construction
is got demolished by moving the appropriate authorities
and if necessary, by moving a court of law. Otherwise,
they would take the consequences of their inaction. If
there are complaints that these wires are drooping and almost
touching houses, they have to ensure that the required distance
is kept between the houses, they have to ensure that the
required distance is kept between the houses and the wires,
- 4 -
the houses be unauthorized. In this case we do not find
any disputed question of fact.”
8. In this context we may rely on the following statement
of the Supreme Court made in M.C.Meha’s case cited above
relying on Rylands Vs. Fletcha. It is stated,
“Where an enterprise
is engaged ain a hazardous or inherently dangerous activity
and harm is caused on any one, on account of the accident
in the operation of such activity, the enterprise is strictly
and absolutely liable to compensate those who are affected
by the accident……”
The Electricity Board has the monopoly in the matter of
supply of Electrical energy. There is no gainsay that it
is inherently a hazardous industry. If any accident occurs
in the course of it carrying on the said activity strict
liability is cast on the Board to compensate the victim.
As such the Electricity Board, the tortfeaser has strict
and absolute liability and there are no exceptions.
9. The question then is whether the Human Rights Commission
constituted under the Protection of Human Rights Act 1993,
(the Act) can exercise its jurisdiction under the Act in
such cases. The answer has to be in the affirmative. The
Commission has jurisdiction when its attention is drawn
in respect of cases of violation of Human Rights. By virtue
of definition contained in Section 2(d) of the Act, a right
to life is a Human Right. And when the said right is abridged
or destroyed, by an instrumentality of State like the Board,
it is clearly a case of human right, and it is a matter
that can be enquired into or examined by the Human Rights
Commission. The Act enlarges the jurisdiction of the Commission
and it cannot be interpreted in a manner to abridge such
10. In fact, the National Human Rights Commission constituted
under the Act has invoked the powers of Commission in similar
cases under Section 18(3) of the Protection of Human Rights
Act 1993 and recommended to the concerned Government for
grant of immediate interim relief for the members of the
family similarly placed. The said Commission in Case No.122/1/2000-2001
had stated as under:
State professing to be a welfare State is expected to ensure
a liberal construction of a beneficent and benevolent legislation
like Section 18(3) of the Protection of Human Rights Act,
1993, to promote the philosophy of the
and the Statute. The Commission has no doubt that not only
the Government of Andhra Pradesh, but also the instrumentalities
of the State like A.P.Southern Power Distribution Company
Ltd; are ally of those values. The Commission, therefore,
expected a response from the Corporation, in a way which accords
with the message and philosophy of law and the obligations
of a Welfare State.” “
A funeral expenditure amounting to Rs.2,000/- (Rupees Two
Thousand only) has been disbursed to the victim’s father on
the same day itself. K.S.E.Board has formulated a scheme
in the name of “Vydyuthi Sureksha Insurance Policy” in consultation
with M/s.National Insurance Company limited, to extent financial
assistance to the families of the victims, in electrical accident
as ‘ex-gratia’ as a welfare measure. Under this Policy, the
dependants of an electrocuted victims is eligible for an amount
of Rs.50,000/- towards ‘ex-gratia’. The legal heirs can claim
the said amount provided they fulfil the procedural requirements
under the said scheme.” (Underlining for emphasis)
the Kerala State Human Rights Commission
Hon’ble Mr. Justice Shri.V.P.Mohan Kumar, Acting
No: 2418 of 2005
Petitioner : Sri. A.K.Menon,
Nagar, Kunnath Lane,
No: 2311 of 2005
Petitioner : Sri. Mukesh
Jain, VI/850, New Road,
: The State of Kerala represented by
recommendation under Section 18 (5) & (6) of the Protection
of Human Rights Act, 1993.
1. These applications relate
to reducing the weight of the school bag being carried by
small children who are studying in schools. It is common
sight and common knowledge of the parents that children
who attend the classes upto the High School level are to
carry number of Text Books and Note Books every day to school
which materially increase the weight of the school bag.
It is apprehended that carrying of such weighty bags may
even result in physical deformity of the children. If it
continues like this, it is apprehended that there will be
more hunch backs in the society than healthy and active
children. Considering the complaints from parents, initially
received at Palakkad from Sri. A.K.Menon residing at Field
View Nagar, Kunnath Lane, Thiruvambadi, Thrissur, the Commission
decided to take appropriate steps in the matter and to examine
ways and means to reduce the weight of school bag. Sri.
Mukesh Jain, yet another well-wisher of suffering children,
who is residing at VI/850, New road, Mattancherry, Kochi
– 2 also submitted a petition before the Commission in this
behalf, as well, along with certain practical suggestions.
2. Carrying of bags with undue
weight really has a negative effect on the interest of the
children to attend studiously in the class. The oppressive
weight on small children can be felt only while carrying
such bags. It reminds the pictures of ancient slaves carrying
gunny bags on their back. It is real hardship for them and
in fact a gross violation of their Human Rights. The parents
also suffer mental agony while sending their child like
this and apprehend that these children will turn into a
modern hunch back of Notre Dame! The mental agony being
inflicted on the parents is a clear case of violation of
their human rights as well.
3. At the time of the hearing,
it was brought to the notice of the Commission that Dr.
Abraham Paul and Dr. Sachithananda Kamath, Conveners of
the Committee constituted by Indian Academic of Paediatrics,
Kerala Chapter, have done certain amount of investigation
and study on this issue. On the basis of such studies and
investigation they have prepared a report. When the proceedings
were made known to the public they intervened and submitted
the report prepared by them. When the report was submitted
before the Commission, and when Dr. Paul appeared and participated
at the hearing, a copy thereof was made available to Sri.
Mukesh Jain, one of the petitioners. Thereafter, the above
said Medical Doctors were requested to meet along with Sri.
Mukesh Jain and study the pros and cons of the proposal.
After discussion, the following suggestions have been made:-
Pre-primary Classes (L.K.G & U.K.G)
(a) the undue emphasis on reading and writing
is detrimental to the development of a pre-school child
and it should not be practiced.
(b) Pre-school child should not be subjected
to formal examination and home work. Grading should be preferred
to ranking or marking.
(c) Bag should be small with minimum weight
only to accommodate a snack box, lunch box and a small diary.
No text books, note books and water bottle (Total weight
less than a kilogram).
(d) Minimum age for entry on the LKG should
be four years complete on the day of admission.
(e) Mother tongue should preferably be the medium
of communication in pre-school education.
(f) The selection criteria for admission
should not be based on interview and testing the child.
(g) Medical fitness and immunization should
be must for admission.
(h) RTO Safety Regulation should be strictly
followed while transporting children to and from a school.
(i) Pre-school education should
not be a must for admission in the 1st Standard.
(j) The Pre-school activities should
be based on the recommendation of NCERT, New Delhi.
Lower Primary and Upper primary (Standard 1 to 7)
(a) Text Book: Split the Text Book into 3,
specially for eachterm according to syllabus (Education
Department should provide)
(b) Note Book: 80 or 100 paged, thin binding
(with brown cover) for each subject.
High School Classes (Standard 8 to 10)
(a) Text Book: Same as above.
(b) Note Book: Filing system (A4 size paper
used in class) as found successful at Holy Grace School,
Mala. Papers will be filed on reaching home.
4. This report was presented
before the Commission on 15-10-2005 for consideration.
5. After hearing the parties
concerned I am, prima-facie, of the view that these suggestions
are welcome and feasible methods and as such the Education
Department should take steps as far as possible to implement
the same in a manner which will reduce the weight of the
school bag which the school going children are carrying.
6. A preliminary order dated
18-10-2005 was prepared containing the above directions
and proposed to be communicated to the Government. This
was made at the sitting of the Commission held at Aluva.
As the suggestions were welcomed by the public as reflected
in the media, a copy was not sent to the Government.
7. I have considered the recommendation
independently. Of the recommendations classified at para
1 (a), (b), (d), (e), (f) and (i) they are not issues which
can be gone into by this Commission at this stage and it
is more for the Educationists to decide after discussion
with other academicians.
8. Hence, as an initial measure,
the burden should not be much for the students of LKG and
UKG sections as they are carrying now. Carrying of the school
bags, as far as they are concerned, should be dispensed
with. As far as the other classes are concerned the suggestion
referred to above are recorded. Likewise, the suggestions
in respect of Lower Primary and Upper Primary Classes and
also High School Classes have also to be accepted with respect
to the recommendations made in the report submitted by the
Committee. Text Books and Note Books should be divided into
three sections, each for a Term. That each Term, Text Book
should be clubbed as one Volume. Likewise, the parts of
Note Book for one Term should be clubbed as one Volume.
It means, a student will have to carry only two Volumes.
The weight of the bag materials should be drastically reduced.
It should not be more than 250 grams to 300 grams as against
750 grams to 850 grams as now exists.
9. This order is being communicated
to the Secretary to Government, General Education Department,
Government of Kerala, as also the Director of Public Instructions,
Thiruvananthapuram as required under Cl. 46 of the Kerala
State Human Rights Commission Regulation 2001, to be communicated
to all schools for implementation so as to see that undue
burden is not caused to the children due to the weight of
school bags they are carrying.
10. The Department concerned is free to communicate
any suggestion or modification, if needed in this behalf,
to the Commission which will then be considered, after notice
to the concerned parties.
this the 15th day of November, 2005 at Ernakulam.
the Kerala State Human Rights Commission
: Hon’ble Mr.Justice V.P.Mohan Kumar
2753 of 2005
re: : Sri. K.A.Baburaj,
Centre for Welfare of
State of Kerala represented
The Chief Secretary
dated 5th January, 2006
(1) The Malayala
Manorama dated 17th August, 2005, carried a photograph
of two children seen digging worms from the Municipal drains
in Kannur. The picture described that the children made
a living by selling the earth worm they thus dug. Thereupon,
the Kerala State Human Rights Commission initiated a suo-moto
proceeding and registered the above said HRMP case.
The Acting Chairperson of the Kerala State Human Rights
Commission made enquiries regarding the photograph through
the Kannur correspondent of the above said newspaper. It
was informed that there is an organisation called ‘Free
Birds’ associated with Centre for Welfare of Street Children
at Calicut who are dealing with the issue. Thereafter, the
Commission issued on 30-8-2005, a notice stating inter-alia
as follows to them:
“I am enclosing
herewith the photograph and the foot note thereto which
are self explanatory. It is really unfortunate that two
small children who are portrayed in the photograph have
to dig out worms from the drains for making a living. This
is not the age or time for a sibling like them to work in
the gutters to make a living. There is a poignant tailpiece
as well to the picture with reference to the said death
of their sister Gayathri in a bus accident. The tragedies
do not visit alone. Hence before something happens to these
kids it is our responsibility to see that such neglected
children are put in the gear and educated, whereby they
can be useful citizen of tomorrow. A street child may ultimately
turnout to be a criminal and an anti-social element.”
(3) To this
notice, a reply was initially received from the Calicut
office of the Organization on 19-9-2005. The reply stated
“On the subject
stated of two street children at Kannur district regarding
rehabilitation, Free Birds enquired this matter, met them
and contact with their parents. They are living near the
street on K.V.R Tower, Jail Road, Kannur. At present the
four children are living with their father separated from
mother because of family matters. We offer accommodation,
education and other rehabilitation facilities for their
better future. But their parents are not interested. We
contact with the Street Children Rehabilitation Programme
functioning at Kannur named “Dreams” and with the help of
them we contacted the Town Circle Inspector of Police Mr.
Santhosh and convince the situation of these children. Free
Birds make all arrangements for their rehabilitation with
the support o ‘Dreams’.”
(4) The above
explanation offered was found unsatisfactory. Therefore,
a further notice was issued to them on 30-9-2005. To this
notice, the Association for Welfare of Handicapped set forth
the story of the two children who were seen digging in the
photograph. It was pointed out that they were two among
the five children of a couple Vijayan and Kantha who were
in Kannur and who had no regular employment or place of
residence. Besides, they were addicted to alcohol. The family,
it was stated, used to spend their nights in a portion of
the thatched building on the sides of K.V.R Tower, Jail
Road, Kannur. It was stated that a Unit of Association for
Welfare of the Handicapped working in Kannur namely; ‘Dreams’
had been providing assistance to these children since 2003
in the manner of non-formal education, recreation and refreshment.
Eventhough Vijayan knew plumbing, he was disinterested in
seeking any employment and earning a regular income. And
as such, they were leading a street life and did not have
any regular family bondage. The eldest daughter started
rag picking when she was four. Then the younger children
also joined her. One of their daughter, Gayathri, met with
a fatal accident on 16-3-2005 while she was walking along
the road rag-picking. A claim petition for compensation
made is pending before the Court. After the incident, the
public intervened compelling them to leave the children
in the hostel run by Free Birds. They did so initially on
4-4-2005. However, the eldest daughter Adisakthi who was
addicted to Pan Masala, jumped the compound wall and ran
away. She was no doubt, secured back to hostel.
(5) Later, the
father of the children came to the Hostel on 9-4-2005 and
took all the children under the pretext of, for conducting
certain family religious rites at Coimbatore. But the children
did not return to hostel however to continue as permanent
residents. Now, the children are using the day care facilities.
In view of circumstances that the parents were unwilling
to leave the children in the custody of ‘Dreams’, no steps
could be taken to control the vagrant habits of the parents
(6) The above
facts demonstrate a typical case of street children abandoned
by negligent and indifferent parents and who do not have
the security of a family life. After receiving this explanation,
I desired to visit ‘Dreams’ at Kannur. I visited the premises
on 24-10-2005. It was noticed that certain children were
assembled in a hall and were being taught Malayalam. It
is clear from the atmosphere that none of the child were
in any manner interested in what is being taught. The life
of street children must have been deeply rooted in them.
They did not seem to be impressed with the utility of such
an education. Perhaps the instructors themselves may not
be in a position to make them interested either. I noticed
that the authorities concerned were taking interest to safe
guard the interest of the children who were attending the
class. However, I did not see any enclosures to prevent
a child who is there, escaping from the institution for
good. They remain in the school only during the day time.
This, according to me, may not serve any purpose. The children
will only attend the classes during the day time and returns
to the street thereafter. Smt. K.K.Shiny, a devoted officer
working as co-ordinator with the Centre for Welfare of Street
Children, Kozhikode who accompanied me told me that there
is no facility for the inmates to stay. They can remain
in the institution during the day time when it functions.
That means, it is a recurrent winding and rewinding process.
The good things that they may learn during the fore-noon
is lost in the after-noon when they return to the street.
It is rather unfortunate that other facilities are not made
available in the premises to retain them during night fall
(7) During the
course of my visit, the Commission was informed that Free
Birds is functioning with facility of a hostel accommodation
for street children at Calicut.
(8) Hence, I
visited the Free Birds at Calicut as well. This was done
during the same month. I visited the premises of Free Birds.
There is good attendance of children in the school. It was
noticed that there was sufficient accommodation for running
classes. The Institution has maintained the personal details
of the children admitted. Total admission in the Institution
is 324. Of them, at present, there are 38 school going children
and all of them were classified as Street Children. In Free
Birds hostel, there were 64 inmates staying in the Hostel.
(9) I went round
the Hostel. But, it is unfortunate that the children have
to exist with a bare minimum. The amenities given to them
have to be increased. I am told, Rs.8/- is being paid by
the Government per day per child as grant for their food.
I feel this is hardly sufficient for their maintenance.
At the present cost of living index, unless at least Rs.
15/- is paid per child per day, they may not be in a position
to make a decent living.
(10) One factor
we have to keep in mind is that, these children have been
earlier leading an uncontrolled “free bird” life in the
streets. That is, the life they were accustomed to, from
the day of their birth. As they were street children, they
would have been making a living to maintain themselves.
This may be commensurate with their way of living. The amount,
they earned would have been spent by them in the manner
they liked. They thus enjoyed “freedom” and power of money
since young age. When both of these are deprived and they
are accommodated in a Hostel, such accommodation should
be attractive. They should be educated to know that, the
life of vagrancy in the street would ultimately end up in
a life of misery. It ends up in crime and social vices and
total ostracisation. They should be taught about culture
and civic sense. They should learn that it makes all the
difference by being a disciplined person and by avoiding
a vagrancy life. The golden rule that crime does not pay
should also be taught to them.
they should not be given any opportunity to remix with their
old way of life and old associates. It means, the alternative
life as an inmate of the hostel should be attractive to
the child. The Hostel accommodation being provided either
in a juvenile home or special home or observation home should
be attractive and a whole time affair. If they are allowed
to go back home after class hours, the chances are more
likely that they will relapse into old association and would
be attracted to lead old way of life. As such, the institution
in Kannur requires total revamping. Either a hostel should
be attached to the same or alternatively, the inmates should
be shifted to the place where there is a hostel facility
for such children.
our Society is maintaining these children and institutions
as necessary means to propagate the egos of certain people.
They want such an institution to publicise the ostensible
philanthropical attitude of these people. I have noticed,
on the road side at several places, large hoardings of certain
individuals surrounded by these unfortunate children. These
men smile broadly as if enjoying the presence of young crowd
whom they call as a separate category “the street children”.
It is clear that, the poster is prepared by super imposing
the portrait of these persons over a crowd of children who
is classified as street children. The depressing aspect
is that, why should these hapless children be displayed
in such a manner as “Street Children”? No doubt, the children
by unfortunate act of fate are compelled to lead a life
of street children. If so, should they be treated as gadgets
for publicity? Should a normal child be taught at the earliest
formative stage, that the street child is a class below
them, who deserve their help? These children have considerable
amount of psychological limitation. They live with a feeling
as the abandoned and under-previleged. We should not inflame
their feeling further. It will cause considerable set back
to their life and development. We are infact exploting their
helplessness. Sympathy thus earned can only breed contempt.
In fact, the act of display of hoarding of the picture of
helpless children is an act coming within the definition
of begging contained in Juvenile Justice (care and protection
of children) Act, 2000 (herein after referred to as the
(13) It is indeed
an irony that none of these prominent well wishers have
cared to notice the fact that only Rs. 8/- is being paid
by the Government to meet the food expenses of a boarder
residing in the home maintained by the Societies like “Free
Birds”. Under the scheme formulated for street children
by the Government of India, the grant in aid to be paid
is Rs. 250/-(Vide Order No: 12/14 (04)2005-06 dated 13-9-2005)
per month. But, though it is so, I am informed by the Hostel
authorities that the actual grant is Rs. 135/- per month
per child. I feel that this is hardly sufficient to make
both ends meet.
(14) Here, an important aspect that is escaping the attention,
how could an institution foot the bill once there is escalation
of cost of food materials? It is very common that price
escalation is a common feature. Such escalation would jeopardize
the very existence of the children in such institution.
(15) In order
to bring up healthy children who were leading the life of
street children, as a first step, it is essential that their
stay in the Hostel is comfortable and larger sum is disbursed
to meet their day to day expenses. From the trophies displayed
in the Office Room, it can be seen that there are talented
children attending the school. By denying sufficient funds
to exist, the talented is being denied an equal chance to
promote their talent and the right guaranteed to them under
Article 21 of the Constitution is infringed.
(16) It is to
be remembered that most of them are coming from deprived
background. They might have been living in abject poverty
and misery. It was in such a background that they migrated
to the life in an after care hostel. Sufficient food to
live comfortably and social recognition would be the fundamental
needs of these children. None of them should feel wanting
in these basic requirements. The Hostel should be a real
home for them than a disguised prison.
(17) It is scientifically
proved that the street children grow with considerable amount
of handicaps. The scientific study discloses that abused
and neglected children have lower level of I.Q than that
of the other children. Invariably, they develop a criminal
tendency, to react violently against the Society from whom
they imagine, they suffered humiliation. They grow with
an inherent resistance for the society. It is essential
that suitable measures are taken to see that they do not
feel neglected and suffer the privation they did suffer
as street children. Besides, they should not be subject
matter of adverse publicity. The duty of the society is
to see that these children live a healthy life along with
the other members of society. Earnest attempt should be
made to draw them into the main stream. In various decisions
rendered by the Supreme Court and High Courts, several recommendations
have been made to the authorities in this behalf. Considering
various aspects, I make the following recommendations :
1. The children should be
fed well and they should lead a contended life. I understand
that as far as Juvenile Homes run by the State Government,
a prescribed diet is supplied to inmates instead of paying
any stipulated amount. This will set off variations of price
of food cereals in the market. This practise should be followed
in all places established under the Juvenile Justice Act.
2. There should be a police
mechanism preventing the children roaming in the streets
begging. Section 63 of the Juvenile Justice (Care and Protection
of Children) Act 2000, should be implemented strictly in
letter and spirit. The Government should have a separate
group of trained Police Officers who will prevent the street
children, begging in the streets and spending nights in
the foot paths or streets.
3. Begging in the street by
children or displaying children (be their own or kidnapped)
should be banned and made an offence. Police should treat
such conduct of the adult as an act coming within the purview
of Section 23, 24, 25 and 26 of the Juvenile Justice (Care
and Protection of Children) Act, 2000 and steps should be
taken as contemplated under Section 22 and 27 of the said
4. The children being displayed
in any manner, be it to earn contribution to any after care
institution or to publicise the philanthropic disposition
of a person, should be declared as an act coming within
the purview of Section 2 (b) of the Juvenile Justice (Care
and Protection of children) Act, 2000.
5. Whenever the authority
constituted under Section 4 of the Act comes across or it
is brought to their notice, that there exists a juvenile
in conflict with law or otherwise neglected or abandoned,
then they shall take steps forth with steps for the welfare
of the juvenile as contemplated under the Act and in accordance
with the decision of the Court of law.
6. The Government should establish
accessible mechanism to the children to make confidential
complaints regarding physical or sexual harassment or violence
by other elders. It should also ensure that prompt and effective
investigation of such complaints and prompt action be taken
if the allegations are true.
7. The Government should provide
compulsory education and training for teachers who teach
in Institutions dealing with the street children.
8. The Government should implement
measures to protect the safety of street children particularly
9. The Government should take
steps to address the root cause of child labour including
providing of stipends on condition of school attendance
to off set lost income from child labour.
10. The Government should guarantee primary education
to street children and educate parents about the risk of
hazardous labour and providing basic protection to orphans
and other children.
11. The Government should enforce laws governing child
labour and develop policies and programmes related to the
Human Rights of child worker.
12. The children should not be wanting in the matter
of food and shelter. As is being done in juvenile homes,
a prescribed quantity of food cereals should be made available
to the inmates of hostels referred to above. The State should
meet the expenditure.
13. The Government should monitor the admission of
each child in a Juvenile Home, Special Home and Observation
Home. The Government should ascertain as to how the child
performs after he leaves the institution. For this, while
the children are in these Homes, they should be taught a
craft, such as carpentry, plumbing, electrician, masonry
etc. This will help them to support themselves, when they
leave the institution after attaining the age of 18. They
should be enabled to pursue a vocation in life.
14. It must be made compulsory that an admitee learns
a trade while he is in Juvenile Home, Special Home or Observation
Home. He should be made self-reliant, once leaves the institution.
15. There should be a Psychiatrist associated with
every institution. He should observe and study the inmates.
He should advise the authorities to take appropriate steps
to rectify the short comings in an inmate.
record my gratitude to the news paper “Malayala Manorama”
for having highlighted the burning issue of Street Children.
The Kannur correspondent Sri. M.P.Sukumaran deserves particular
complements for having graphically portrayed the issue.
above recommendation are being made in exercise of the powers
conferred under Section 18 (5) of the Protection of Human
Rights Act, 1993 and communicated to the Government as required
under Regulation 46 of the Kerala State Human Rights Commission
(Procedure) Regulation 2001. The State Government shall
communicate its comment thereon within 30 days of the receipt
of the recommendation.
Dated this the 5th day of January, 2006.
Justice V.P.Mohan Kumar
The Chief Secretary,
Government of Kerala,
Kannur – 670 002.
The Chief Editor,
Centre for Welfare of Street Children,
Mr. K.P.Abdul Khader,
Assistant Information Officer,
(a) On petitions and suo moto proceedings
the year 2005-2006 the Commission made recommendations in
34 cases. During the period Commission recommended that compensation
amounting to Rs.4,85,000/- be paid in 8 cases. Further, the
Commission directed that disciplinary action be taken in 3
cases. In most of the cases Commission has given direction
Commission would like to reiterate that it is utmost importance
that the Government respond promptly to the requests and recommendations
made by the Commission. The Government is needed to act without
delay on the recommendations of the Commission in respect
of individual cases. The Act is based on the ground that the
fullest cooperation will be extended by the Government to
the Commission. It is therefore incumbent upon the Government
to assist the Commission in its efforts to dispose of cases
promptly and efficiently, in order to ensure that better protection
of human rights, as envisaged under the Act is achieved.
the period under report the Commission made a number of remarkable
recommendations to the Government. In 34 cases, on petitions
as well as on visits, Commission forwarded its recommendations
to the Government. The summary of which are given below.
:State of Kerala
allegation in the complaint is that one Satheeshkumar, S/o
Sadasivan, Kollasseril House, Neendoor, Harippad was caused
to death on 1.11.1999 by the culprits who are the illicit
liquor sellers, in the presence of the police, who are duty
bound to protect the life of every citizen. Late Satheesh
Kumar was an active worker of Prohibition Movement at Harippad.
The petition was filed by Advocate Edavattom G.Vasavan, on
watching the news items.
called for the report of the Superintendent of Police Alappuzha.
Since the Commission felt that the SP’s report is unsatisfactory,
the CIO attached to the Commission was requested to investigate
the matter and file report. The father of the deceased and
two others were examined on the side of the petitioner and
Mohandas, one of the Police Constables who was on picket duty
was examined as CPW1.
report of the S.P as well as the CIO would show that on sustaining
injuries Mr. Satheesh Kumar fell unconscious and the accused
obstructed in taking the injured to the hospital for about
20 minutes and that the incident occurred only 150 meters
away from the police picketing. So there is gross negligence
and inaction on the part of the police. Consequently there
is vicarious liability on the State.
Commission made the following:-
State is requested to grant an interim relief of Rupees Two
Lakh to the father and mother of the deceased Satheesh Kumar.
Government informed the Commission that complying with the
request of the Commission sanction has been accorded for the
payment of an amount of Rs.2,00,000/- to the father and mother
of the deceased Satheesh Kumar towards interim relief.
* * *
Petitioner : A. Pankajakshan
: Dr. Jalaja,
complaint is that petitioner’s daughter named Sindhu died
on 4.11.1999 while being taken to SAT Hospital from Women
and Children Hospital, Thycaud, Thiruvananthapuram due to
carelessness and negligence on the part of the respondent,
Dr. Jalaja of the latter referred hospital, under whom the
deceased was treating in connection with pregnancy. On 1.11.1999
the deceased had met the respondent and the doctor found no
complication and advised to come after one week. But on the
next day night the patient suffered leakage of fluid and
got admitted in the hospital. On 4.11.1999, hospital authorities
informed that her condition is serious and referred her to
the SAT hospital. But the patient died before reaching the
were called for from the hospitals and further the Commission
directed the Chief Investigation Officer attached to the Commission
to investigate and submit report. The C I O filed the report,
which discloses no negligence on the part of the counter petitioner.
It was further pointed out that symptoms found on the patient
was the ‘Anaphylaxis’ which could be caused due to the presence
of allergic chemicals, bacteria or fungus in the drip. The
Commission made the following recommendations:-
1. Government shall pay an interim Relief of Rs.1,00,000/-
to the dependants of the deceased.
2. Government may evolve an effective mechanism for purchasing
of medicines and strengthen the Drug Control Unit of the state.
3. Introduce the ‘Periodic Check of medicines used in
the Government Hospitals in the State.
Acting Chairperson of the Commission declined to recommendation
of awarding interim compensation.)
Chief Secretary and another
allegation in the petition is that the petitioner’s son Biju
was falsely implicated as accused No.3 in Cr.No.103/95 of
Thrikkunnapuha Police station by the Circle Inspector of Police
Haripaad which was registered under section 120 (B), 364,
376, 302, 379,201 read with section 34 IPC and 3(1) r/w section
181 of MV Act. In connection with the said crime he was taken
in to custody at 10.10 am on 25.6.95 along with four others.
While under police custody, Biju was tortured by the police
both mentally and physically. He was then produced before
the J.F.M.C, Harippad and thereupon he was under judicial
custody for 60 days. Thereafter he was released on bail. On
account of the torture and erroneous action of police deceased
Biju had suffered mental anguish and physical deprivation
and he committed suicide on 19.6.2000. The case against Biju
and others were reinvestigated by the Crime Branch of the
State Police and found that Biju had not involved in the incident
and he is innocent and removed from the list of accused on
25.7.1997. He was deleted from the array of accused by the
Sessions Court only on 10.8.2000, i.e. after he committed
petitioner specifically alleged that even after he was removed
from the array of the accused by the Crime Branch, the Police
personnel were threatening him that they will implicate Biju
in false cases and they used to go to his residence and place
of work and used to torture him. The petitioner lost her elder
son, his love and affection, protection care etc. Even though
the loss of her son cannot be compensated in terms of money,
Commission made the following recommendations:
1. An amount of Rs. One Lakh is awarded as an interim
relief to the petitioner.
2. Recommend Government job to any of the dependants
of deceased Biju.
* * *
4. HRMP No.2280/2000
: Eachen Antony
: Superintendent of Police
Eachen Antony filed this petition on the allegation that the
police have not properly and fairly investigated the death
of his son Tintu Paul aged 15, which occurred on 14.4.2000
while he was staying as a guest in the house of uncle of the
mother of the deceased. In respect of the death of Tintu Crime
No. 95/2000 was registered by the Mararikulam Police. After
investigation the case was referred as drowning. As per the
petitioner he bonafide believes that somebody murdered his
per the direction of the Commission the Chief Investigation
Officer of the Commission investigated the matter and reported
that the death cannot be presumed as accidental, and proper
investigation has not been conducted. As per the doctor who
conducted postmortem, the cause of death of deceased is shown
as drowning. But according to him it is not a case having
all the associated features of a usual case of drowning. And
it was revealed that the pond in which the dead body was found
was not a pond but a ditch formed by removal of earth, which
was very small in breadth and depth. There are other circumstances
also there are which causes serious doubt regarding the death
of Tintu, as accidental.
such circumstances the Commission recommended the Government
to reinvestigate the death of Tintu either by the Crime Branch
* * *
: Prabhakaran,S.I.of police
DIG, Central Range, Thrissur
complaint is that on 30.3.2001 at about 11.30 the Counter
Petitioners came to his house and shouted with filthy words.
When they enquired the matter the first respondent told about
the assault suffered by one Shibu from the hands of the petitioner
and others. Petitioner was taken into a jeep and since then
he was assaulted by the counter petitioners brutally on his
back of chest and other parts of the body. On seeing this
mother fell unconscious. Counter Petitioners used abusive
language against the other members of the family also. Petitioner
was then taken to the police station and released on bail
on31.3.2001. on release he made complaint to S.P. and DIG.
He was then admitted to the Medical College, Thrissur and
treated in the casualty. But proper treatment was denied at
the instance Dr. Jayaraj, Deputy. Superintendent who is the
uncle of Shibu. He got discharged and admitted in the Jubilee
Hospital and treated there till 4.4.2001. No action was taken
on his complaint to the S.P. and DIG.
summons was issued counter petitioners did not appear before
the Commission. SP., Thrissur filed report. Since it was
found not satisfactory, the CIO was requested to investigate
and report. Mr. George, SP of the O/o the Chief Investigation
Office filed report after enquiry.
gave evidence in terms of the allegations in the petition.
Relying on the report of the CIO, Hon’ble Justice Kumari A.
Lekshmikutty found that the allegations in the petition are
true and correct and made the following recommendations
Government shall give necessary direction to DGP to take disciplinary
against Sri. V.V. Prabhakaran the then S.I. Police, Thrissur
Town Police station and the then H.C.3302 Yohannan of the
same police station.
Government shall pay an amount of Rs.5000/- as interim relief
to the petitioner and recover the same from the CPs
* * *
6. HRMP. 3120/2001
: R.P.Raveendran. C.I.of Police, Mala
Police Constable, Mala
complaint is against illegal custody, torture and harassment
suffered by the petitioner from the hands of the counter petitioners.
Petitioner was taken into custody by the counter petitioners
from his house at 2 am on 9.10.2001 and took him to different
police stations and tortured and forced him to admit that
he committed theft of idol from Iyranikulam temple at Mala.
was issued to the respondents and they filed statements denying
the allegations. The investigation was referred to the chief
Investigation Officer who filed report. The report also reveals
that the petitioner was taken to custody and taken to different
police stations. The certificate of examination issued by
te doctor also shows that the petitioner was in custody even
at 4.30 pm 9.10.2001. Immediately after release from the police
station he was having difficulty even to walk. He vomited
twice and he was taken for treatment. On examination the doctors
found that the lumbar spine of the petitioner showed painful
spasam, tenderness over lumbar spine, right scapula, lower
abdomen and finger which evidences that he was tortured by
the counter petitioners. In these circumstances Hon’ble Justice
Kumari A.Lekshmikutty disposed of the petition with following
1. The Government shall recommend the D.G.P. to take
deterrent disciplinary action against the counter petitioners.
2. The Government shall pay an amount of Rs.25,000/-
(Rupees Twenty Five Thousand only) as interim relief to the
petitioners towards the expenses met by him for treatment
and for mental agony suffered by him. The said amount shall
be recovered from the counter petitioners equally.
: Shahul Hameed, C.I. of
& Vyasan Pillai, S.I of Police.
was filed against fabrication of false crimes, harassment
and torture made by the Counter petitioners. The second counter
petitioner accompanied by a group of police constables came
to the house of the petitioner and searched his house, took
away the R/C book, pass book, documents etc. He proceeded
to the police station along with his Advocate and got back
the valuables taken from his house. But he was not permitted
to go out from the police station. He was detained in the
station till 3.30pm on the same day. As he was a patient of
peptic ulcer and as he was remaining in the police station
without any food or drink, he started vomiting. He was then
hospitalised. On 31.8.2001 the first counter petitioner came
to his house and taken him to Harippad Police station and
detained there and falsely implicated as an accused in an
Abkari case along with two others. Another case, Crime No.329/2001
under Abkari Act also was registered against him, after planting
a few litres of spirit in a plastic container at his residence
in the same night. He was then produced before the Magistrate
and remanded to judicial custody.
Chief Investigation Officer filed report which shows that
the petitioner was falsely implicated as 3rd accused
in Crime No.328/2001 of Harippad Police station and the seizure
of illicit liquor from the house of the petitioner in the
night of 31.8.2001 also is a false story and the FIR in Crime
No.329/2001 also is a fabricated document.
Commission expressed that the police Officers are duty bound
to protect the life, liberty and property of every citizen.
They are not expected to fabricate false case against any
citizen to wreak vengeance.
the circumstances the Commission made the following:-
action may be taken against the Counter petitioners
i) A vigilance enquiry may be made regarding the allegation
of demand of bribe.
ii) An amount of Rs.25,000/- each be recovered from
the counter petitioners and pay to the petitioner for the
mental agony suffered by him.
* * *
: G. Venu, S.I.of Police,
Petition is filed against illegal detention and assault caused
by the counter petitioner. The petitioner, a sub contractor
under T.G. Pathrose, while supervising the cable work done
by the labourers, the counter petitioner and other policemen
alighted there in a private jeep and without disclosing anything
beat him and kicked him indiscriminately and on sustaining
the same he fell down. The counter petitioner and the other
policemen took him into custody and put him on the platform
of the jeep. On the way also he was brutally assaulted. After
half an hour the police brought him back. He was admitted
to the District hospital, and treated for several days.
of S.P.Kottayam was obtained wherein it is reported that the
counter petitioner only warned the petitioner and not taken
him in the custody.
the side of the petitioner three witnesses were examined.
All of them categorically sworn before the Commission that
the petitioner was assaulted by the counter petitioner and
his party without any provocation and took the petitioner
in to the jeep and assaulted him. Documentary evidence also
were produced by the petitioner.
considering the evidence the Commission made the following
recommend the Government to grant an interim relief of Rs.25,000/-
to the petitioner.”
Principal Secretary to Government, Home Department in its
letter No. 2157/J3/2006/Home dated 28.1.2006 informed that
the petition from Sri.K.Surendran, forwarded along with the
same, has been sent to the Director General Of Police, Thiruvananthapuram
for enquiry and report.
* * *
10. HRMP 1188/2002
Respondent : T.Vikram, ASP,
complaint is that the petitioner, who is an M.sc. student
and Secretary of ABVP of Trissur city , while he was sitting
in the office of the RSS, was caught hold by the respondent
and pulled him from the chair and drew him against the wall.
The ASP fisted him on his chest and kicked him on his abdomen
without disclosing anything and took him to the police station
along with others in the office. Police showered filthy language
against them. The petitioner and other were kept in the lock
up till 2 am and released due to the intervention of the superior
police officers. The petitioner was admitted in the Aswini
Hospital Thrissur and treated as inpatient. On the information
the police went to the hospital but his statement was not
petitioner denied the allegations. As per his statement on
27.4.2002 evening he got information that a group of RSS workers
had taken out a torch light procession, armed with sticks
and torches, to his camp office. When they reached in front
of his house they had raised very provocative and threatening
slogans against him and threatened to attack his camp office
where his wife and children were staying. The S.I.of Police
Thrissur Town west informed that he has arrested 9 persons
who had participated in the procession and registered a case
and further informed that the RSS leaders who instigated the
march were hiding in the RSS Karyalayam at Kottappuram. The
respondent accompanied the SI and police party to the said
RSS Karyalayam and found petitioner there. He was taken to
the Police station. On questioning it was revealed that he
has not involved in the case and he was set off. Neither the
counter petitioner nor the any other policemen assaulted or
misbehaved with the petitioner.
day the police got information that the petitioner has got
admitted into the hospital alleging police assault. One Head
Constable was sent to the hospital for recording statement.
But the petitioner refused to give statement.
considering the evidence the Commission found that on 28.4.2002
the petitioner was admitted and treated in the hospital. The
information given to the doctor was assault by the police.
In Ext.C. no external injury was noted. But the doctor noted
pain over the lower abdomen and chest. The patient was not
able to pass urine. Bladder is distended. These injuries correspond
to the physical assault alleged to be committed by the counter
petitioner and his party. In the circumstances Commission
recommended the Government as follows:-
recommend the Government to conduct a detailed investigation
in respect of the incident, which occurred on 27.4.2002 in
the office of the Rashtriya Swayam Sevak Sangh.
through its letter No.1892/J2/06/Home dated 7.2.06 informed
the Commission that the petition has been forwarded to the
Director General Of Police, for report.
* * *
12. HRMP 1763/2003
Petitioner : Vijayan
Respondent : Secretary,
petition is against the pollution problems caused due to the
functioning of an unauthorized Diary Farm at Alathur village,
Annamnada Grama Panchayat, being conducted by one Shaniba
W/o Abdul Azeez. The nearby paddy fields were filled with
sand and started the diary farm without obtaining permission
from the authorities concerned. Even though notices were issued
from the Health Department to stop the diary farm, it was
not complied with. The diary farm is being conducted in most
unhygienic manner which is hazardous to human life, contaminate
drinking water and causing environmental problems.
from Respondents 1,2 and 4 were obtained. Which would show
that the allegations in the petition are true and correct.
It is further reported that complaint of the petitioner was
considered and necessary directions were given to the owner
of the diary farm. Even though it was agreed by the owner,
she did not take any remedial measures. The report of the
Medical Officer, P.H.Center, Mumbra revealed that no treatment
plant was constructed and the use of cow dung and urine as
manure to their feeding grass contaminate the water in the
well in the locality and hence the functioning of the farm
was temporarily ordered to be stopped. Against the said order
the owner preferred appeal before the Panchayat Committee,
which is pending.
Pollution Control Board filed expert opinion and remarked
that the allegations are found genuine and correct.
second respondent DMO (Health) filed report stating that the
Diary Farm in question was started without prior sanction
from Health authorities and concerned authorities. The water
in the nearby canal is contaminated. Proper sanitary arrangements
or wastewater disposal techniques were not implemented, and
no proper drainage system was implemented in the farm.
the authorities are in unequivocal terms comment that the
allegations against pollution problem is true and correct.
The conduct of diary farm is a threat to life, health and
environment and without prior sanction of the authorities.
the said circumstances the Commission made the following recommendation:
recommend the Government of Kerala to take immediate steps
to stop the Diary Farm, which causes threat to life, health
and environmental problem, and direct the owner, if she wants
to conduct any diary farm it must be as per law without causing
any nuisance to the residents of the locality.
in its letter No.1467/G1/2006/H&FWD dated 25.2.2006 informed
the Commission that necessary instructions have been given
to the Member Secretary, Kerala State Pollution Control Board
to initiate steps to close down the diary farm in question.
* * *
Petitioner : Suo Moto
: Secretary, Agriculture
Water Resources Dept
District Collector, Tvpm.
it was noticed by the Commission that the Government have
passed an order permitting paddy cultivation at Vellayani
Lake after pumping out the drinking water from the lake, a
suo moto case was initiated. The Commission visited various
plots of the lake on 12.1.2005 after due intimation stipulated
under the Act.
27.1.2005 the Commission summoned the Secretaries of the concerned
Panchayaths. They produced the copy of G.O(Rt) No. 1947/04/AD
dated 16.12.2004 which permits the parties to conduct paddy
cultivation at Vellayani lake and other relevant documents.
After hearing the Commission directed the Government to keep
the above said G.O. in abeyance until further orders. Commission
also appointed an expert committee to study the matter and
expert report was submitted on 31.10.2005, which made out
forcefully the need to maintain the Vellayani Lake as a fresh
water lake capable of providing water supply not only to the
adjoining Panchayaths but also catering for the future requirements
of water when Vizhinjam Harbour becomes a reality. The report
also projected the danger of encroachments, sand mining taking
place on large scale, discharging waste toxicides into the
lake and the dangers of reclamation in adversely affecting
the water level.
the expert report the Commission made the following recommendations
for implementation :-
The Government may conduct an early survey through Revenue
Authorities and demarcate the Government Property and private
land in Kayal area. The people who have encroached upon the
lake area should be evicted, as they are all illegal occupants.
The farmers who possess legal revenue punja lands
within the lake should be given compensation and the entire
lake should be acquired by the Government. Special financial
assistance from the central Govt. should be sought for this
Government may constitute a committee for the protection of
the lake headed by District Collector, Thiruvananthapuram.
Revenue, Police and Water Recourses departments’ officials
may be included in the panel for reviewing the situation twice
in a year. The entire area once protected must be under surveillance
of the Government.
Government may initiate steps to conduct a vigilance enquiry
into the allotment of patta in the Vellayani Lake and adjacent
Specified boards to give warning not to deposit any waste
into lake shall be fixed all along the boundaries of the lake.
Restrictions may be imposed in adjoining areas with regard
to the use of chemical fertilizers, pesticides and insecticides.
Fresh water fisheries may be encouraged to improve
6. The Government may take urgent steps to request
the Ministry of
and Forest, Government of India to take immediate action to
conserve Vellayani Lake as a wetland of national and international
In the light of these above observations G.O (Rt) No.1947/04/GAD
is infructous and dewatering shall be prevented permanently.
19. HRMP 877/2005
Petitioner : Treesa
Respondents : M.D. ,
Manager .LIC Office
petition was against the non-payment of LIC policy coverage
due to the death of petitioner’s son Pradeepkumar, employee
of Kerala Ceramics Ltd., Kundara. The petitioner’s husband
was an employee of the company and died in 1999. Her only
son Pradeepkumar joined in service of the company under the
provisions of Dying–in-harness in 2000. He subscribed a policy
No.781610344 of LIC under the scheme of Salary Savings for
1,00,000/-. The company was crediting the policy premium from
the salary of Pradeepkumar every month. He died on 16.11.2003,
while in service. After his death the petitioner approached
the LIC for release of policy amount. But she was informed
that the policy was in lapsed condition from28.1.2003 due
to the non-payment of premium. Revival of policy is possible
only during the lifetime of the policyholder.
first respondent submitted before the Commission that the
company was remitting the monthly premium regularly till 6/2003.
Thereafter the company became sick and was unable to find
means even for its subsistence.
Commission does not view the action of non-remittance of the
insurance premium in time, as proper one. It is a lapse on
the part of the officials including the Senior Officers of
the first respondent.
the circumstances the Commission directed that the Kerala
Ceramics Company Officials take immediate steps to make available
the insurance claims to the eligible persons forthwith. At
the same time, they are also free to take action to negotiate
with the LIC to get the said amount.
. . .
grievance of the petitioner and others is that one Maniyan
has trespassed into the puramboke land lying on the northern
side of Kothkulangara Girijan Colony used by the public for
the ingress and egress to their property and the road. Maniyan
has obstructed the public pathway by planting plantains and
of the Tahsildar, Cherthala obtained that shows that there
was a public path way used by the public for time immemorial.
But the above said path way was destroyed by Maniyan and he
is taking hasty steps to get assignment of the said puramboke.
Member Justice A. Lekshmikutty considered the matter and made
Hence the Commission recommend the Government, if at all puramboke
land is available for assignment, path way already in existence
which was subsequently destroyed by Maniyan S/o Krishnan,
Kothakulangara Girijan Colony may be restored and remaining
portion if any may be assigned to him and necessary direction
may be given to the Tahsildar, Cherthala regarding the same.”
in its letter No.1101/A2/05/RD dated 20.12.05 informed the
Commission that the District Collector Alappuzha has been
directed to implement the recommendation of the Commission.
* * *
Petitioner : Joy.
Vilasam, East Kallada
complaint of the petitioner, who is casual labourer, is that
on 15.9.2005 he fell down from his bicycle and sustained injuries
around his left eye. He was taken to the District Hospital,
Kollam. The doctor in charge of the casualty sutured the wounds
and sent him back. He could not sleep due to bleeding and
pain. Next day he consulted the Ophthalmology doctor in the
District Hospital Kollam. On examination it was found that
he could not close his eye due to the stitches put by Dr.
Anilkumar on the previous day.
his complaint to the DMO, he was insisted to remove stitches
and to continue the treatment. But the Doctor of Ophthalmology
referred the Medical College, Thiruvananthapuram.
of the Superintendent was obtained. Along with the report
he sent a copy of the enquiry report also. It was clear from
the report that the petitioner could not close his eye after
suturing. So it can be gathered that the suturing was not
the circumstances Hon’ble Member Justice A.Lekshmikutty passed
an order recommending that the State shall pay an amount of
Rs.5000/- to the petitioner as interim relief.
* * * *
(a) ON VISITS CONDUCTED BY THE COMMISSION
fulfillment of the statutory responsibility entrusted to the
Commission under section 12(c) of the Act, during the year
under report Commission made regular visits to several hospitals,
jails and the like institutions wherein people are kept.
Commission visited at Central Prison, Kannur, Special Sub
jail Alappuzha, Sub Jail Ernakulam, Sub Jail Mavelikkara,
Sub Jail, Pathanamthitta, Mental Health Centre Trissur, Taluk
Hospital Harippad, Taluk Hospital Neyyattinkara, Taluk Hospital
Kottarakkara, Govt. Hospital Varkala, Social Welfare Complex
at Thavanur in Malappuram, Shelters provided for the Tsunami
victims, Sub jail Kozhikode, Open jail, Nettukaltheri, Taluk
hospital Cherthala etc.
. . .
Special Sub Jail, Alappuzha
Acting Chairperson Justice V.P.MohanKumar and Hon’ble Member
Justice A.Lekshmikutty visited the Special Sub Jail, Alappuzha
on 4th July, 2005.
visit the prisoners made several complaints about the poor
quality of food supplied, lack of light and fan etc. Further
they have complained that they are forced to lay on floor
even in rainy season. Commission noted with displeasure that
old fans are seen fixed on the wall of the cells but not working.
the circumstances the Commission made the following recommendations
to the Government:
1. The electrical maintenance work may be done urgently
so that the prisoners shall use fans and get light.
2. The quality of food supplied may be improved.
3. Each prisoner may be provided with a mat.
Sub Jail, Mavelikkara
Justice A. Lekshmikutty made a visit at Sub Jail, Mavelikkara
in Alappuzha District on 26.10. 2005 with a view to inspect
the living conditions of the prisoners kept therein. The Commission
found overcrowding in the cells that lead to poor living conditions
prisoners. The Commission made the following recommendations
to the Government:-
Government may take steps to reopen the female block, which
is kept closed in the Mavelikkara Sub Jail after making necessary
repair work to ensure security and creating necessary posts.
Daily bata of the prisoners be raised as Rs.25/-
instead of Rs.18/-
The staff strength be increased proportionate to the number
Sub Jail, Pathanamthitta
Member Justice A. Lekshmikutty visited the Sub Jail, Pathanamthitta
on 21.1.2006. It is the only one jail in the district. The
Superintendent complained about the shortage of staff and
overcrowding of prisoners and so that every month about 30
prisoners will be shifted to Central Prison, Thiruvananthapuram
due to lack of space. It was noted that the main gate was
completely damaged. The Superintendent requested for the Uplift
of the Jail as a Special Sub Jail.
Commission made the following recommendations:-
1. Take urgent steps to complete the construction in
the Sub Jail.
2. Take immediate steps to replace the main gate of the
3. Take necessary steps for the maintenance of the female
4. Take necessary steps to uplift the present Sub Jail
as a Special Sub jail.
Taluk Headquarters Hospital, Harippad
22.11.2005 Hon’ble Justice A. Lekshmikutty, the member of
the Commission visited at the Taluk Headquarters Hospital,
Harippad in Alappuzha district and found that the conditions
of the hospital are not satisfactory and hence made the following
recommendations to the Government :-
1. Urgent steps be taken to shift the medical, casualty,
pharmacy, mortuary, gynic, operation theatre etc. to the newly
constructed building and supply of electricity.
2. Necessary cots, beds and sheets be provided to the
3. Immediate steps be taken for purchase of freezer and
supply of electricity to the mortuary.
4. All the vacancies of the doctors and nurses be filled
and necessary quarters be provided for the doctors and nurses.
HRMP No: 2245/05
Visit at Taluk Hospital, Kottarakkara
9.2.05 Hon’ble Member Prof. S. Varghese visited ‘Taluk Head
quarter Hospital Kottarakara’. Report of the Commission dated
5.8.05 together with following recommendations is forwarded
1. Steps should be taken to fill up the vacant posts
of all the posts.
2. If a trauma care units allowed to the hospital, further
proceedings in the matter should be expedited.
3. A post specialist in skin and mental health may be
created and fill up at the earliest.
4. One more refrigerator should be allotted to the blood
bank of the hospital for facilitating it to raise the storage
5. One post of driver should be created and ambulance
may be provided to the hospital.
6. Quarters facility should be provided to the doctors.
7. Canteen facility should be provided in the hospital.
8. Steps should be taken to open a ‘neethi’ medical store
within the premises of the hospital.
9. Postoperative ward should be established.
10. An incinerator should be installed in the hospital
compound for disposal of waste.
11. A post of doctor may be created in the casualty wing.
HRMP No: 2246 of 2005
Visit at Taluk Hospital, Neyyattinkara
14.12.04 Hon’ble Member Prof. S. Varghese visited ‘Government
Taluk Hospital Neyyattinkara’. Report of the Commission dated
6.8.05 together with following recommendations is forwarded
1. Bed strength of the hospital should be enhanced.
2. An efficient system of disposal of waste material
should be introduced. The incinerator should be repaired
and utilized on contract basis.
3. All the vacant posts in the hospital should be filled
4. Maintenance, rewiring and painting should be done
properly to old buildings including Government pay wards and
KHRWS pay wards.
5. The old T.B building should be demolished and a new
multi-storied building should be constructed.
6. Drainage system and surface drainage system should
7. Mortuary should be constructed with modern facilities.
8. Separate rooms for Ultrasound scanning and dental
X–ray should be provided.
9. Staff Quarters for medical officers and staff nurse
should be constructed.
10. A compound wall should be constructed covering all
sides of the hospital.
11. Gynecology Department should be expanded with a Theatre
Unit and modified labour room.
Visit at Primary Health Centre, Perumon
office bearers of Melakalakendram, Perumon and some other
local people of Perumon filed a complaint before the Hon’
Commission urging to start over the I.P.section in the Primary
Health Centre, Perumon. The petition is registered as HRMP
2110/2004 and on the request of the petitioners Hon’ Member
of the Commission Justice Kumari A.Lakshmikutty made a visit
at the hospital. Prior notice was given to the Government.
main issue raised in the petition is that I.P. wing should
be started in the hospital, considering the number of patients
approaching the hospital and the building facilities available
therein. The Medical Officers and the DMO conceded to the
request of the local people. The District Medical Officer
and the medical officers of the hospital collectively said
that they have written many times to the Government for favourable
action. But, there was no response. Now the PHC is having
sufficient Buildings to start IP, but staff is insufficient.
For starting IP, service of on call doctor should be made
available. Further, service of paramedical staff and security
staff also has to be made available. It is submitted that
at least one post each of Nursing Assistant Grade II, Nursing
I, Staff Nurse and Medical Officer are to be sanctioned
and be filled by the Government.
made following recommendations to the Government :-
The Government may take urgent steps to re-start the I.P.
in the Primary Health Centre, Perumon, Kollam District by
appointing sufficient medical officer, paramedical staff,
nurses and Security staff.
The proposal of the District Medical officer, Kollam submitted
before the Director of Health Services for converting the
Primary Health Centre, Perumon as a Community Health Centre
may be considered favourably and urgent steps may be taken.
from the above stated visits at the hospitals and jails the
Commission made inspections at various police stations in
the state also. The inspections made by the Commission to
the police stations in the State were in accordance with the
directions of the Hon’ Supreme Court to oversee and monitor
whether the 11requirements laid down by the Court in D.K.Basu
Vs State of West Bengal (1997(1) SCC416 were being carried
out or not by the police stations and also to take all further
steps to ensure that those requirements were met.
. . .
RESPONSE TO THE COMMISSION’S
Statute requires the Commission to undertake and promote research
in the field of human rights (Section 12(g) of the Act).
provides all kinds of facilities for the students doing research
work on the subject Human rights and connected matters. They
can make use of the materials kept in the library of the Commission
and can have discussion with the Acting Chairperson or the
Members on their subject of research.