New Delhi, Feb 10 (PTI) Nearly a month after a “migrant worker” was allegedly attacked by a group of four teenagers near Tiruttani railway quarters in Tamil Nadu, the NHRC has issued a show cause notice to the state government asking it to “trace” the victim at the earliest and provide him necessary medical treatment.
In its notice, it has also asked as to why a compensation of Rs 2 lakh should not be recommended by the National Human Rights Commission, to be paid to the victim.
The notice, identified the victim as Suraj, a “migrant worker”.
Tamil Nadu police officials on December 30 had said that the four teenagers, aged about 17, were apprehended on December 28, and produced before the Juvenile Justice Board. And based on the orders of the Board, three of them were sent to a juvenile home while the fourth was handed over to the custody of his parents.
“On December 28, Thirivallur Govemment Hospital referred him to Rajiv Gandhi Government General Hospital, Chennai, for advanced medical care. However, as per the records obtained from Rajv Gandhi Goverment Hospital, it is found that the victim left the hospital on the same day against medical advice,” reads the notice dated February 9.
The Commission has received an intimation regarding “grave violence against a “migrant worker from Madhya Pradesh in Thiruvallur district, Tamil Nadu. The complainant further alleged that as per viral video evidence and police disclosures, the victim was threatened on a moving trainm” it says.
The complainant also alleged that the victim was forcibly taken to a secluded spot near a railway station, where he was brutally attacked with a sharp object by four minors, and these assailants filmed the assault themselves, and one is seen flashing a ‘victory’ sign in the video, it adds.
The NHRC has taken cognisance of the case under section 12 of the Protection of Human Rights Act, 1993, the show cause notice says.
The complainant sought the intervention of the Commission and requested for an independent inquiry, strict legal action, and compensation for victim and protection of migrant workers, it further said.
Considering the serious condition of the victim, he was referred to the higher medial facility, however, “he left the hospital against medical advice and his whereabouts still not known”.
This reflects a “serious lapse” on the part of the state machinery, and “gross negligence” which “failed to ensure adequate safeguarding, monitoring, or support to the victim, thereby attracting human rights scrutiny,” the rights panel said.
There was no immediate reaction from the Tamil Nadu government.
“Evidently, in the present case, the state has failed to provide medical care and security to the victim, thereby violated victim’s fundamental rights,” it charged.
Though, the alleged violence was committed by private individuals, “matter still falls under the scope of human rights violations due to state’s subsequent failure in providing medical care, protection and rehabilitation of the victim,” it says.
The Commission on February 9, after considering relevant reports, has directed its registry to issue a show cause notice to the chief secretary of the government of Tamil Nadu, asking as to why a compensation of Rs 2 lakh should not be recommended by the Commission to be paid to the victim, it says, and sought response within seven days.
“The Chief Secretary, Government of Tamil Nadu, shall ensure that all necessary medical treatment is provided to the victim,” it adds.
Further, post-trauma counselling shall also be provided. It shall also be ensured that the government “reimburses” the cost of treatment availed by the victim, if any.
Further, upon perusal of the record, it appears that the alleged incident occurred on December 27, whereas an FIR was registered only on the next day, despite the admitted position that the statement of the victim had already been recorded on December 27, it says.
“Thus, there is an unexplained delay in the registration of the FIR. Moreover, on the very same day, the victim went missing. The victim’s disappearance from a state-run regulated medical facility raises serious concerns and reflects a grave lapse, which is directly attributable to the law enforcement agency requiring strict investigation,” the notice says.
The NHRC has also directed the director general of police of Tamil Nadu, shall “further ensure that the victim is traced at the earliest” and is provided necessary medical treatment.
Further, considering the gravity and seriousness of the matter, and since the whereabouts of the victim are not known, let a direction be issued to the DG (Investigation) of the NHRC to “telephonically collect the facts of the case” from the authorities concerned and thereafter place the same on record for further consideration, within two days, it adds.
“In addition to above, a copy of this proceeding, be also sent to the Secretary, Ministry of Home Affairs, government of India, for information and necessary action,” it says. PTI KND NB NB
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