Chandigarh, Jul 23 (PTI) The Haryana Human Rights Commission (HHRC) has taken strong exception to a physically challenged man being compelled to undress and being filmed in police custody, terming it cruel and a direct violation of the right to life.
The commission has ordered the Haryana Home Department to pay a compensation of Rs 50,000 to the man, a chartered accountant, and that the amount be recovered from the two police officials who were involved in the incident.
The man, a resident of Faridabad, was arrested in May 2021 in connection with a criminal case filed by his wife.
In his complaint to the HHRC, the man alleged that while he was in custody at Saran police station, Faridabad, he was stripped, photographed and filmed in a semi-naked condition. These images were later circulated on social media.
The incident, he said, caused him extreme mental trauma and public humiliation, in grave violation of his human rights.
He described the experience “as akin to a living death” and said that the psychological trauma continues to weigh heavily on him, pushing him into a state of deep depression.
In its order dated July 16, the Full Bench of the HHRC, comprising Chairperson Justice Lalit Batra and members Kuldip Jain and Deep Bhatia, said an impartial inquiry conducted by the commission’s Investigation Wing confirmed that two police officials — an assistant sub-inspector and a constable rank official — indeed compelled the man to undress in custody.
Such cruel and degrading treatment, particularly of a person with disability, is utterly unacceptable in a civilised society, the commission said.
“This incident challenges the very spirit of constitutional values and the notion of human dignity. No individual, regardless of the accusations against them, deserves to be subjected to such humiliation and public exposure. This act is a direct violation of the right to life and personal liberty enshrined under Article 21 of the Constitution,” the order said.
According to the findings in the inquiry report of the director of investigation of the commission, it has been confirmed that on May 25, 2021, a brother-in-law of the complainant was allowed to take photographs and record a video of him while he was confined in the police lock-up in a semi-nude condition, it said.
“The said images and video footage were later circulated on social media, further compounding the complainant’s trauma, exposing him to public ridicule and causing deep psychological harm.
“The act of allowing civilians to capture visuals of a detainee, particularly in a compromised and vulnerable state, reflects a complete breakdown of custodial protocol and constitutes a direct violation of the complainant’s right to privacy and dignity,” it added.
A police station is a secure and regulated environment, and under no circumstances should any outsider be permitted to record or photograph individuals in custody, the commission underlined.
“In doing so, police not only failed in their duty to protect the person in their custody, but actively enabled the public dissemination of humiliating content, resulting in irreversible reputational and emotional damage to the complainant,” it said.
As a result of the incident, the HHRC said, the complainant has reported persistent emotional trauma, humiliation and depression, which amount to mental agony in a custodial environment.
“The psychological consequences arising from being stripped in police custody are long lasting and amount to cruel, inhuman and degrading treatment, entitling the complainant to judicial protection, redressal and appropriate compensation under constitutional and human rights law,” the order read.
Puneet Arora, Protocol and Information and Public Relations Officer, HHRC, said that according to the commission’s directions, the Home Department of the Haryana government has been ordered to pay Rs 50,000 as compensation to the victim.
This amount is to be recovered equally from the guilty police officials, he said.
“This compensation is not intended to represent the full measure of the harm suffered by the complainant, but is awarded as a symbolic acknowledgement of the violation of his human rights and human dignity,” the order stated.
“Police custody must not turn into… torture and shame. This order sends a clear message that the system will not tolerate custodial abuse or the misuse of power,” Arora said. PTI SUN DIV DIV
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