PROJECT ON

HUMAN RIGHTS

ALISHA ANAND.
1ST YEAR (2013-2018)
C.N.L.U. PATNA.

ACKNOWLEDGEMENT

I am highly elated to work on my project topic HUMAN RIGHTS under the guidance
of Mr. Neeraj Kumar verma, L.D.C., Bihar Human Rights Commission, Patna. I am very
grateful to him for his proper guidance. Also I would like to thank Mr. AnandVardhan
Sinha ,IAS, Secretary(BHRC) for providing us current application of the programmes run
by B.H.R.C and dictating us different section of The Protection of Human Rights, Act.
I sincerely acknowledge the help of Honble Justice S.N.Jha, former Chairperson,
Honble Justice Rajendra Prasad, former Member (BHRC), Mr. Neelmani, IPS, Acting
chairperson (BHRC), Dr. Nirmal Kumar Azad. I.G (BHRC), who by rendered me help in
locating appropriate resources to collect materials and making me acquainted to the
importance of Human rights Commission in the betterment of society. I would like to
enlighten my readers with my efforts and just hope that I have tried my best for bringing
luminosity to this topic.
I would even like to thank my friends for collecting few data for me which were very
useful in completing the research work. I am even thankful to my college Chanakya
National Law University, Patna special regard to librarian who made relevant effort
regarding to provide the relevant material to my project topic. At last but not the least, I
express my sincere thanks to my parents for their generous support and cooperation
throughout the project.

THANKING YOU.
ALISHA ANAND (BA.LLB 2013-2018)
1ST SEMESTER, 1ST YEAR.
CHANAKYA NATIONAL LAW UNIVERSITY.
INTERN AT BHRC (3RD JAN-23RD JAN 2014)

HUMAN RIGHTS
Human Rights are those rights that belongs to every individual man or women, boy or a girl,
infant or elder, rich or poor, master or servant-simply because he or she is a human being.
Human Rights may be defined as the right and freedoms that every person on earth is entitled to
enjoy like right to social security, right to equality, right to life, right to liberty and security of
persons etc. without distinction on basis of race, sex, caste, creed, religion, colour, language,
work, political or other opinion, national or social origin, property, birth or status. Human rights
have been defined as basic moral guarantees that people in all countries and cultures allegedly
have simply because they are people. Calling these guarantees rights suggests that they attach
to particular individuals who can invoke them and that they are of high priority and that
compliance with them is mandatory rather than discretionary. Human rights are frequently held
to be universal in the sense that all people have and should enjoy them and to be independent in
the sense that they exist and are available as standards of justification and criticism whether or
not they are recognized and implemented by the legal system or officials of a country.
The moral doctrine of human rights aims at identifying the fundamental prerequisites for each
human being leading a minimally good life. Human rights aim to identify both the necessary
negative and positive prerequisites for leading a minimally good life, such as rights against
torture and rights to health care. Human Rights are universal and inalienable meaning that one
cant lose them until one ceases to be a human being. These are the rights of human beings which
cant be denied as these are the birthright of every individual of the human race. No one has to
earn or deserve them. They embody the basic standards without which people cant realize their
inherent human dignity. Human Rights are indivisible as one cant be denied of his rights
because someone decides that it is less important or non-essential. Human Rights are
interdependent as all human rights are a part of complementary framework.
Human rights are based on the principle of respect for the individual. Their fundamental
assumption is that each person is a moral and rational being who deserves to be treated with
dignity. They are called human rights because they are universal. Whereas nations or specialized
groups enjoy specific rights that apply only to them, human rights are the rights to which
everyone is entitledno matter who they are or where they livesimply because they are alive.
Yet many people, when asked to name their rights, will list only freedom of speech and belief
and perhaps one or two others. There is no question these are important rights, but the full scope
of human rights is very broad. They mean choice and opportunity. They mean the freedom to
obtain a job, adopt a career, select a partner of ones choice and raise children. They include the
right to travel widely and the right to work gainfully without harassment, abuse and threat of
arbitrary dismissal. They even embrace the right to leisure. What human rights do primarily aim
to identify is the basis for determining the shape, content, and scope of fundamental, public
moral norms. Human rights aim to secure for individuals the necessary conditions for leading a
minimally good life. Public authorities, both national and international, are identified as typically
best placed to secure these conditions and so the doctrine of human rights has become, for many,
a first port of moral call for determining the basic moral guarantees all of us have a right to
expect, both of one another but also, primarily, of those national and international institutions
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capable of directly affecting our most important interests. The doctrine of human rights aspires to
provide the contemporary, allegedly post-ideological, geo-political order with a common
framework for determining the basic economic, political, and social conditions required for all
individuals to lead a minimally good life. While the practical efficacy of promoting and
protecting human rights is significantly aided by individual nation-states legally recognising the
doctrine, the ultimate validity of human rights is characteristically thought of as not conditional
upon such recognition. Thus, the doctrine of human rights is ideally placed to provide individuals
with a powerful means for morally auditing the legitimacy of those contemporary national and
international forms of political and economic authority which confront them and which claim
jurisdiction over them.
The concept of Human Rights began during the renaissance in the early modern period. The
emergence of liberalism and human rights trace its origin from the European wars of religion and
civil wars of 17th century. The need of human rights was felt and it became a major concern in
18th century, the Age of Enlightenment. The core idea of human rights came into existence during
the period of American Revolution (1776) and French revolution (1789). While from American
Revolution concept of democracy arose while the concept of Liberty, Equality, and Fraternity
came from French revolution. Later the concept of Universal Declaration of Human rights came
during the World Wars. Though post war the concept of feminism and civil rights started
emerging in African and American countries. Due to the suffrage of men, women and children
after the wars, a need for a mechanism which could protect them from social effects of the war
was felt. This mechanism was found in the form of human rights. Since then individuals and
groups continue to feel empowered by the language of human rights of human rights and by the
framework that has grown up to develop solidarity in ensuring respect for these rights. The
human rights movement is now concerned with global social justice. Human rights are vibrant
not static and is growing.

NATIONAL HUMAN RIGHTS COMMISSION

The Indian government through the protection of the Human Rights Protection Acts, 1993
established a new National Human Rights institution called THE NATIONAL HUMAN
RIGHTS COMMISSION In October 1993. The National Human Rights Commission (NHRC)
of India is an autonomous public body constituted on 12 October 1993 under the Protection of
Human Rights Ordinance of 28 September 1993.It was given a statutory basis by the Protection
of Human Rights Act, 1993 (TPHRA). The NHRC is the national human rights institution,
responsible for the protection and promotion of human rights, defined by the Act as "rights
relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or
embodied in the International Covenants". According to section 2(1)(d), Human Rights mean
the Right relating to Life, Liberty, Equality and Dignity of individual.. The act says that the
commission can utilize the services of any officer or investigating agency of the central or state
government. It has a skeleton machinery of its own for investigation. The state government shall
have to establish state human rights commission.
According to Section 12, the functions of National Human Rights Commission are to enquire
either suo moto or on a petition into human rights violation, intervene in court proceedings, visit
jails or other places of custody, review human rights safeguards and make recommendations,
review factors, including terrorist, inhibiting the enjoyment of human rights, study international
instruments on human rights, undertake and promote research, spread human right literacy and
awareness of safeguards among the masses, encourage NGOs and institutions working in the
field of human rights and perform any other functions that human rights commission may deem
necessary for promotion of human rights. The commission would strictly observe the principles
of autonomy and transparency. Its reports and human rights newsletters seek to fulfill both by
reporting the activities of human rights commission.
The National Human Rights Commission has so far given priority to civil liberties-custodian
deaths, State violence against civilians, torture and other cruel, inhumane or degrading treatment,
custodian rape, disappearance from custody, atrocities against vulnerable sections of the society
such as women children and disabled (including dowry deaths, bonded and child labour) and
promotion of human rights education and training, the issue of prison reforms and under trials.
Non-government organization of international human rights like Amnesty International and its
American counterpart, Asia watch initially confined their focus to the human rights situation in
India to Punjab and Jammu and Kashmir during operations by the Police. There is Peoples
Union for Civil Liberties used to interact with the National Human Rights Commission. There
are a number of non government organisations of human rights either organised or supported by
different political parties in India.

The NHRC consists of:

A Chairperson
One Member who is, or has been, a Judge of the Supreme Court of India
One Member who is, or has been, the Chief Justice of a High Court
Two Members to be appointed from among persons having knowledge of, or practical
experience in, matters relating to human rights
In addition, the Chairpersons of four National Commissions serve as ex officio members.
Current members
POWERS
As vested in a Civil Court trying suit under Civil Procedure Code, 1908.
To regulate its own procedure for disposal of complaints
To utilise the services of any officer or investigation agency of the Central/State Government with concurrence - for conducting any investigation pertaining to any inquiry.
Make recommendations to the concerned Government authority suggesting action to be taken
against guilty public servant
Recommend payment of relief/compensation to the victims
Approach the Supreme Court or High Courts for appropriate directions/orders/writs.
Communicate the inquiry report - petitioner/victim/representative - Government authority for
comments/ action taken/proposed.
FUNCTIONS
Inquiry - on petition or suo moto - against complaint of violation of human rights/abetment of
violation/ negligence in prevention of violation - by a public servant.
Intervention - any proceeding before a court with its approval - involving allegation of
violation of human rights.
Visit - any jail/other institution - persons detained/lodged for treatment/reformation - study
living conditions of inmates - make recommendations.

 Review - safeguards under the Constitution/any law - for protection of human rights recommend measures - effective implementation.
Review - factors - also acts of terrorism - inhibit the enjoyment of human rights - recommend
appropriate remedial measures.
Study treaties/international instruments on human rights - make recommendations for effective
implementation.
Undertake and promote research in the field of human rights.
Spread human rights literacy - promote awareness of safeguards available for protection publications, media, seminars, and other means.
Encourage efforts of non-governmental organisations/institutions working in the field of
human rights.
Other functions considered necessary for promotion of human rights.
Responsibility of Government authority.
The Central Government/State Government/Authority has to indicate its comments including
action taken on the report/recommendations of the Commission within a period of one month in
respect of complaints against public servants other than members of the armed forces.
In respect of complaints against members of the armed forces, the Central Government has to
indicate action taken on the recommendations within three months to the Commission.
Issue of the one-year limitation period.
Purpose - not to have another judicial body - an institution which will give sharper focus on the
allegation of violation of human rights and provide quicker redressal - other redressal mechanism
- District Courts to the Supreme Court - always available to the people - Commission's role not
to replace these mechanisms.

BIHAR HUMAN RIGHTS COMMISSION

The Protection of Human Rights Act 1993, an Act of the Parliament, provides for establishment
of the National Human Rights Commission at the national level and State Human Rights
Commissions at the state level.
In the State of Bihar, the State Human Rights Commission was established on 3rd-Jan-2000 vide
Notification No. 207. However, the Commission was formally constituted vide notification no.
6896 on 25.6.2008 when Shri Justice S.N. Jha, a former Chief Justice of the Jammu & Kashmir
and Rajasthan High Courts was appointed as Chairperson and Shri Justice Rajendra Prasad, a
former Judge of the Patna High Court and Shri R.R. Prasad, a former Director General of Police,
Bihar were appointed as members. After the sudden demise of Shri R. R. Prasad, Shri Neelmani,
former Director General of Police, Bihar was appointed as member, BHRC on 1st December,
2011. Honble Justice Rajendra Prasad completed his tenure on 26th June, 2013 and Honble
Chairperson Justice S. N. Jha completed his tenure on 3rd November, 2013.
COMPOSITION
Sri Neelmani, Acting Chairperson (BHRC)
Mr. Neelmani took over as Member, Bihar Human Rights Commission on 1st December, 2011
after superannuation from the post of D.G. Police, Bihar. An I.P.S. Officer of 1975 batch.Seven
Research Publications in Solid State Physics including four in American Physical Review are to
his credit. He worked as Lecturer in Physics at B.H.U. for one year. A recipient of Police Medal
for Meritorious Services and Distinguished Service Medals, he served as Superintendent of
Police of Vaishali, Darbhanga, Saran, Bhagalpur and Madhubani districts, worked as Range
D.I.G., Saran, Shahabad and Magadh. He held all important and critical assignments in Bihar
including I.G., Patna Zone, I.G. Operation, Railways, I.G./A.D.G. Hdqs., A.D.G., Vigilance
Bureau and headed Bihar Police as D.G.P. from March, 2010 to 31st August, 2011 before being
elevated to B.H.R.C.
A. V. Sinha, IAS, Secretary (BHRC)
Competing in the very first attempt in 1978, Sri A.V.Sinha, IAS has occupied several important
posts in Bihar ever since, including Additional Vigilance Commissioner, Commissioner for
Department inquiries, Additional Member Board of Revenue as well as Member (Later Advisor)
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in Bihar State Planning Board. He is Secretary, Bihar Human Rights Commission since 12th
March 2013. Sri Sinha has authorised many books in socially & culturally relevant topics.
Dr. Nirmal Kumar Azad, IPS, I.G. (BHRC)
He has been awarded Ph.D in 2008. Did Master's in Social Science from J.N.U. Joined Indian
Police Service in 1994. Since March 2012 he is posted as I.G. (Investigation) with Bihar Human
Rights Commission.

FUNCTIONS OF BIHAR HUMAN RIGHTS COMMISSION :

The Commission may:
(a) Enquire on its own initiative or on a petition presented to it by a victim or any other person
on his/her behalf into complaint of
1. violation of human rights or abetment or
2. negligence in the prevention of such violations by a public servant
(b) Intervene in any proceeding involving any allegation or violation of human right pending
before a court to the approval of that court
(c) Visit any jail or any other institution under the control of the State Government where
persons are detained or lodged for purposes of treatment, reformation or protection, for the
study of living conditions of the inmates
(d) Review the safeguards provided by or under the constitution or any other law for the time
being in force for the protection of human rights
(e) Review the factors that inhibit the enjoyment of human rights
(f) Undertake and promote research in the filed of human right
(g) Spread human right literacy and promote awareness of the safeguards available for
protection of these rights through publications, medical seminars and other available means
(h) Encourage the efforts of Non-Government Organizations (NGOs) and extension work in the
field of human rights
(i) Perform such other functions as it may consider necessary for the promotion of human
rights.
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POWERS OF THE COMMISSION:

While enquiring into the complaint, the Commission is vested with all the powers of a civil court
in the matter of trial of a suit under the Code of Civil Procedure 1908. In particular, it has power
to 1. summon and enforce the attendance of witnesses and examine them on oath;
2. order discovery and production of any document;
3. receive evidence on affidavits;
4. demand any public record from any court or office; and
5. issue Commission for examination of witnesses or documents.
The Commission has its own investigating staff headed by police officer of the rank of Inspector
General for investigating into complaints of human rights violation. It is also open to the
Commission to utilize the office of any officer or investigating agency of a Central Government
or State Government. It can also associate NGOs in their investigation work.
The Commission while enquiring into the complaints of violation of human rights may call for
information or report from the Central Government or State Government or any other authority
or organization subordinate to them within the time specified. If the information or report is not
received within the specified time, the Commission may proceed to enquire into complaint on its
own. If on the receipt of information or report the Commission is satisfied that no further enquiry
is required or that the required action has been initiated or taken by the concerned government or
authority it may not proceed with the complaint.
Where the enquiry discloses commission of violation of human rights or failure or negligence in
the prevention of violation of human rights by a public servant, it may recommend to the
concerned government or authority, initiation of proceeding or prosecution or such other action
as the Commission may deem fit against the concerned person or persons.
The Commission may also approach the Supreme Court or the High Court for such direction,
orders or writs as may be deemed necessary. The Commission may also recommend to the
concerned government or authority grant of relief to the victim or members of his family as the
Commission
may
consider
necessary.
The concerned government or authority, as the case may be, has to intimate the action taken on
the report or on recommendation of the Commission within a period of one month.
Jurisdiction of the Commission ordinarily extends to violation of human rights or negligence in
the prevention of violation of human rights in the State. However, even where such violation or
negligence/ failure to prevent such violation takes place outside the State, in appropriate cases
the Commission may either entertain the complaint or initiate action on its own initiative (suo
motu) provided the National Human Rights Commission or the State Human Rights Commission
of the concerned State (where violation or negligence/ failure to prevent the violation had taken
place) has not initiated any proceeding with respect to such violation or negligence/ failure to
prevent it.

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CASE STUDY
CASE 1:

CASE NUMBER: BHRC/Comp- 80/12

COMPLAINANT: Yadunandan Singh.
ISSUE: Threatening by family members.

Bench of Honble Justice S.N.JHA.

FACTS

The complainant Yadunandan Singh is the father of Late Chandra Bhaskar who was an
employee of Indian Railways and was posted at Kudra road in Orissa state as an assistant
Loco Pilot. He has left behind him a son and his widow Nirma Devi. She has applied for
appointment on compassionate ground for the job in plate of his late husband. The
applicant states that Nirma Devi has developed relationship with another man and wants
him to allow her to marry him. In the circumstances applicant wants that benefit of
compassionate appointment or benefits like gratuity or pension etc shouldnt be provided
to Nirma Devi.

JUDGEMENT

According to report of Commission it is plain that the complaint of the applicant is

against his daughter-in-law Nirma Devi. In other words the compliant lies in the realm of
private personal dispute. The Commission doesnt intervene in cases related to personal
11

disputes. Commissions in its report states that it is open to the applicant to approach the
officials concerned to the Railways and seek proper intervention into the matter.

CASE 2

CASE NUMBER: BHRC/Comp-725/12

COMPLAINANT: Uma Devi.
ISSUE: Primary case to be filed.

Bench of Honble Justice NEELMANI.

FACTS

Uma Devi who is the complainant is the wife of Shri Umesh Rai. She resides with her
husband. Few days back dacoity took place in her husbands shop due to which he
suffered financial crisis. Seeing the crisis applicants father gave some financial
assistance to him so that he could start his business again and stay peacefully with his
daughter. After few days applicants brother-in-law whose name is Sonu Kumar was
arrested in a case of dacoity. Now complainants husband and his relatives are forcing her
father to pay the amount for the bail of Sonu Kumar. Even when applicants father and
brother went to meet her, her in laws didnt allow them to meet her and even misbehaved
with them. They have even caused grievous hurt to them. Complainant pleaded the
Commission to look into the matter and take strict action against the accused.

JUDGEMENT

Commission held that the matter relates to the investigation of a recently instituted case.
The complainant can approach the higher police authorities for further intervention in the
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matter as the case doesnt comes under the violation of human rights with which the
Commission deals. The petition was further send to the IG for the disposal of the matter
and to inform the complainant accordingly.

CASE 3

CASE NUMBER: BHRC/Comp-3414/11

COMPLAINANT: Kumud Ranjan Singh.
ISSUE: Dacoity in an organization office of Magadh Samaj Kalyan Pratisthan and threat

of killing.
Bench of Honble Justice RAJENDRA PRASAD.

FACTS

The complainant Kumud Ranjan Singh works in Magadh Samaj Kalyan Pratisthan which
is an NGO run under Bachpan Bachao Aandolan. According to him on 29.9.2011 around
1:25 pm, around five to six people whom he could identify if he sees them again came to
his office and threatened him to kill him. Those people started searching for something in
the meanwhile they threw articles present in the office and even damaged them. Those
people asked for money from him and even took away valuables from the office. When
the applicant refused to give money they even cause hurt to him. Complainant stated that
these are influential people and they even threaten him to pay money else they would kill
him. Complainant pleaded the Commission to look into the matter and take action and
protect his life which is his fundamental right.

JUDGEMENT

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Commission after hearing the council asked for the report from SSP Nalanda. SSP sent a
report where it was stated that investigation has been done in the matter and the
allegation made by the complainant is true. But as the matter was of civil nature which
does not comes under violation of human rights so it was not maintainable by the
Commission. Thus, the Commission disposed of the matter and the same information was
given to the complainant.

CASE 4

CASE NUMBER: BHRC/Comp-1068/11

COMPLAINANT: Virendra Sharma.
ISSUE: Protection of Human life and property.

Bench of Honble Justice RAJENDRA PRASAD.

FACTS

The Complainant Virendra Sharma is a resident of Naganousa and is a handicapped

person. He has two children and a wife. According to the complainant his Uncle and
other relatives had some property dispute with him and because of it they are threatening
him to give up the property. They are influential people and they could cause harm to him
along with his family members and his property too. But complainaant is handicapped
and even doesnt have enough sources to live his life and serve his family properly. He
further stated that his Uncle and relatives have even filed false complaint against him in
the police station. The complainant pleaded the Commission that protection should be
given to his life and property as it is also a fundamental right of a handicapped person to
be protected.

JUDGEMENT

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Commission asked SSP to inquire into the matter and submit report of it. SSP in his
report stated that after the inquiry it was found that there was a property dispute and the
charges made by the complainant was not correct and his relatives are innocent. Even the
property dispute was already solved and compromised. The nature of allegation is of
property dispute and the proceeding was disposed of as closed by.

CASE 5

CASE NUMBER: BHRC/Comp-2142/12

COMPLAINANT: Awdhesh Kumar.
ISSUE: Dumping of dead body murder.

Bench of Honble Justice RAJENDRA PRASAD.

FACTS

The Complainant Awdhesh Kumar Singh is a resident of Chakkan Bigha Naubatpur

Police Station Patna. He had a daughter whose name was Anshu kumara and her age was
14 years. According to the complainant his daughter was murdered and thrown in the
well which is near to his house. He states that Radhika devi and his two sons Animesh
and Lakshman kumar singh have murdered his daughter and thrown her dead body in the
well as there was a property dispute among them. Even after this incident Radhika devi
and his sons are threatening him and his family to take back the case. When case was
being investigated by the police they didnt allow to investigate in their house and instead
state that complainants daughter was a characterless girl and must have being killed by
any person who must have had an affair with her.

JUDGEMENT
15

The complainant Awdhesh Kumar Singh was heard and the report received from SSP was
persued. It appears from SSPs report and statement taken by the police that investigation
has been done and matter is pending in the court and as such sub-judice. In the result this
matter was ordered to be disposed of as closed being sub-judice and as such not
maintainable with liberty to complainant to seek remedy in the court itself where case is
bending for disposal.

CASE 6

CASE NUMBER: BHRC/Comp-2518/12

COMPLAINANT: Shashi Lata Singh.
ISSUE: Torture by husband and his extra marital affairs.

Bench of Honble Justice NEELMANI.

FACT

The complainant has the complaint against his husband Shashi bhushan singh. According
to her, his husband is a businessman who needs to go out often for his work. When she
asks him where he goes out he gives his explanation only. But the complainant states that
he and his friends take house on rent and they involve girls from various places into
prostitution. As they are influential they are never caught. Even he beats her up and she
has a doubt that he has many branches for doing this work of prostitution and he has big
connection and many groups are even involved in it where they forcibly indulge young
girls into it. Complainant wanted that the Commission should take action against him and
protect society from these unsocial activities.

JUDGEMENT

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Investigation was done by the Commission and report was send by the SSP Patna to the
complainant for sending the response and was also informed that if her response is not
received by the due date, the matter would be closed. The complainant had not sent the
response so far thus the Commission disposes of the matter as closed.

CASE 7

CASE NUMBER: BHRC/Comp- 2715/10

COMPLAINANT: Bimal Kumar Shrivastav.
ISSUE: Complaint for the due salary.

Bench of Honble Justice S.N.JHA.

FACT

The complainant Bimal Kumar Shrivastav had joined Human Resource Development as a
computer operator for the purpose of Data Entry. But soon after joining his job he was
asked to resign from the job. The reason stated to him by the department was that due to
less work load there is no need for him for the job and his salary for for two months i.e.
from April to May was not paid to him.
So the complainant pleaded the Commission to direct the department to pay his due
salary which when calculated came to as Rs. 11,150for both the months.
In his another application to BHRC he tried to seek the attention of the Commission
towards his mental, social and economic sufferings and wastage of his time. He wanted
that his termination from his job should be called off as it was not justified. He demanded
compensation for the harassment which he had suffered due to his termination of job.

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JUDGEMENT

Commission asked for the report after investigation in the case from the Human Resource
Development Ministry within four weeks on the complaint of the complainant. In this
report the amount of due salary was calculated to be around Rs. 11,510 for the months of
April and May. Even after several reminders the complainant did not respond and so the
case was closed. The file was reopened on the demand of the complainant and the
payment of due salary was cleared by the Human Resource Development. But the
demand for the termination to be called off was not taken into consideration.

CASE 8

CASE NUMBER: BHRC/Comp-134 /11

COMPLAINANT: VIJAY KUMAR YADAV.
ISSUE: FRAUDULANTLY TAKING OF MONEY.

Bench of Honble Justice S.N.JHA.

FACT

The complainant Vijay Kumar Yadav filed a complaint in the BHRC where he stated that
he was a retired army officer and currently he is working as a farmer in his village at
Maner. Further he stated that a person named as Moha Bhagat came to him for the sale of
his plot which was located at Mauja Sarai, Maner after the negotiation and agreement
between them they fixed the deal at Rs. 6,50,000. On 23/06/2010 complaint had given
Rs. 1,00,000 to Mohan Bhagat on non-judicial stamp of Rs. 100. Later on his request he
paid Rs. 3,00,000 to him on 1/08/2010 and 31/12/2010 was fixed as the last day for the
payment of rest of the amount of Rs. 2,50,000. After visiting several times to their house
for the payment of rest amount he sent three legal notices for registry work but he didnt
got any response. On 04/01/2011 the complainant again went to his house where his son
Shankar Kumar beaten him and said that they wont do the registry work and not even
return the money ever. After this incident the complainant reported this matter to the local
police station but there has been no such progress as such. So the complainant pleaded
18

the Commission to look into the matter and take action and help him to receive his
amount back.
JUDGEMENT

The complainant was present for the response where he stated that he was thankful to the
Commission that it looked into the matter but he had already compromised with the
opposite party with the intervention of the local Panchayat. He further stated that opposite
party has returned the amount Rs. 4,00,000 which he paid to the other party as the
consideration for the sale of the land. Further the complainant stated that now he doesnt
wants to proceed into the matter thus the matter was closed by the Commmission.

CASE 9

CASE NUMBER: BHRC/Comp-3134 /12

COMPLAINANT: AVINASH RAI KHANNA.
ISSUE: QUITING OF STUDIES BY GIRLS DUE TO EVE TEASING.

Bench of Honble Justice RAJENDRA PRASAD.

FACT

The complainant Avinash Kumar Khanna filed a complaint in order to bring into the case
in the eyes of the Commission wherein in he stated that a news item was published in The
Telegraph on 20/08/2012 in which it was published that there has been eve teasing done
to the school going girls who travel to their schools through cycles. And due to repeated
eve teasing they were forced to drop out of their schools and leave their study.
Complainant stated that this is a case of violation of human rights of the girls and it is
also against the welfare of the society.

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JUDGEMENT

The Commission ordered the respective competent authority to take necessary action
against the mention matter and directed them to send the report of the action to the
complainant.

CASE 10

CASE NUMBER: BHRC/Comp-297 /11

COMPLAINANT: SAVITA DEVI.
ISSUE: ASSAULT AND STEALING OF JEWELLERY.

Bench of Honble Justice RAJENDRA PRASAD.

FACTS
The complainant Savita Devi is a resident of Nizampur village, Deedarganj Patna and is
wife of Mr. Vijay Singh. She had complained that two people named as Tunnu Singh and
Bipat Singh had assaulted her and they stole away her jewellery after breaking into the
house.
She further mentions that Tunnu Singh and Bipat Singh broke into her house on
14/10/2011 around 9 pm when she was asleep ans stated abusing her. She alleges that
they cae with weapons like pistols, sword and sticks and they even beated her up after
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abusing her. She mentions that they tried to hit her by the sword but she protected herself
somehow.
She alsomentions that the accused took her jewellery which she was wearing at that time
which included a chain of around 20 grams of gold and 10 grams of gold earrings.

JUDGEMENT
The Commission asked for the report after investigating the matter from the SSP within
four weeks. The report stated that investigation was done and the allegation of the
complainant was not correct and thus the matter was disposed of by the commission.

CASE 11

CASE NUMBER: BHRC/Comp-120 /11

COMPLAINANT: AASHA DEVI.
ISSUE: THREAT CAUSED BY THE COUSIN FOR CAPTURING THE PROPERTY.

Bench of Honble Justice S.N.JHA.

FACTS
The complainant Aasha Devi stated in her complaint that her late mother had kept some
money and jewellery for her grandparent which she sold when she was dying. When her
cousin came to know about the property he didnt allow her to enter into house and when
she forcibly tried to enter then her cousin and his wife beated her badly and threatened
her that if she complained about this incident to the Panchayat then they would kill her
and her children. Her cousin had wrongly mentioned on the source of money that he had
taken 4 lakhs from her mother which was due and on the basis of that he had done
registry of the land on his name fraudly. She lastly mentioned that on her further
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complaint her cousin threatened her that her husband and her children would be killed if
she filed any case in the court against him. In her complaint she mentioned about the pain
and agony caused to her by her cousin. She had pleaded the Commission that necessary
action must be taken against her cousin as he had involved himself into criminal
activities.

JUDGEMENT
The Commission in its report states that the complaint lied in the realm of
private/property dispute. The Commission does not intervene in such cases and would
therefore not pursue the matter further. The complainant was informed about the decision.

CASE 12

CASE NUMBER: BHRC/Comp- 2432/12

COMPLAINANT: RANI DEVI
ISSUE: FOR ENQUIRY IN THE RAPE CASE.

Bench of Honble Justice NEELMANI.

FACT

The complainant Rani Devi is wife of Shri. Anuj Das, village Champapur, Bakhtiyarpur,
Patna. She stated that her husband is working as a labour in Haryana and she is not able
to meet her ends. Presently she is staying in Patna along with her three children.
She alleges that her neighbour Jay Prakash alias Chotu Das who worked as a teacher in a
primary school in Simri village came to her house on 17th February 2012 at around 7 pm
and tried to rape her. She states in her complaint that he tore off her clothes and tried to
rape her. But she started shouting for help because of which people staying nearby came
to her rescue but the accused ran away.

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She has even mentioned that she went to register an F.I.R in the police station at around 9
pm on the same day but surprisingly no action was taken against the accused. She states
that Rajesh das along with Mahesh das, Shravan das and Manish das manhandled
Ramashray das. They broke his hand and his head was seriously injured. She had even
attached necessary medical certificate and her copy of statement. She pleaded the
Commission for higher level of inquiry in her case.
JUDGEMENT
The complainant had mentioned that there has been inactiveness on the part of the police
in her complain. So commission directed the SSP Patna to send his report to the
Commission after investigating in the matter within four weeks where investigation must
not be done by any officer below the rank of Deputy SP and submit the report. SSP in his
report mentioned that action has been taken against the accused but they are out on bail.
The response given by the complainant was not appropriate and the Commission did not
find any more reasons to keep the case open so the case was closed.

CASE 13

CASE NUMBER: BHRC/Comp-802 /11

COMPLAINANT: RAMDAS RAJAK
ISSUE: CASE OF HARASSMENT AGAINST SON-IN-LAW

Bench of Honble Justice RAJENDRA PRASAD.

FACT

The complainant Ramdas rajak s/o Late Lagan Rajak is a resident of village Katari
Nisarpur Patna. He got her daughter Pramila Devi married to Pappu Rajak alias Rahul.
They have two children. Pramila Devi left her husbands house due to certain differences
and came to live with him. Ramdas rajak in his complaint alleges that his son-in-law,
Pappu Rajak comes to his house in Katari where her daughter is alone at home and
abuses her verbally and physically. He alleges that his son-in-law is demanding dowry.
He states that his son-in-law is demanding Rs. 40,000 and gold of worth Rs. 4,000 and
silver of worth Rs. 2,000. He pleaded the Commission to strict action and protect his and
his daughters human rights.
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JUDGEMENT
The Commission asked the SSP to investigate the matter and give report within 4 weeks.
SSP submitted the report after investigating the matter wherein it was mentioned that the
charges made by the complainant are false. The complainant was asked to give his
response but he didnt. Thus the Commission disposed of the matter as closed.

CASE 14

CASE NUMBER: BHRC/Comp- 230/11

COMPLAINANT: GHANSYAM SHARMA
ISSUE: REGARDING CANCELLATION OF TRANSFER ORDER.

Bench of Honble Justice RAJENDRA PRASAD.

FACT

The complainant Ghanshyam Sharma is a resident of Patna city, Patna. The complainant
had filed the complaint regarding cancellation of transfer order of Constable Ashok
Kumar Singh which was issued by SSP Patna. In his complaint he has stated that it was
falsely published in newspaper that Ashok Kumar Singh was posted at the same place
since last five and a half years. Along with the complaint letter he even attached Xerox
copy of transfer order issued on 25/09/12 was also attached to it which mentioned that
Constable Ashok Kumar Singh was transferred to Malsalami police station from
Marufganj O.P. So, it was now clear that the newspaper report was false and he was
posted in Malsalami police station since last one year and two months.
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JUDGEMENT
After looking into the complaint the Commission asked SSP to investigate into the matter
and present its report within four weeks. The report stated that Marufganj station is also
under Malsalami police station so he has completed his tenure of two years. So the report
was sent to the complainant for his response but after several reminders he didnt
responded so the commission held that the complainant is not interested in carrying
forward the matter so the case is closed.

CASE 15

CASE NUMBER: BHRC/Comp- 105/11

COMPLAINANT: SAJDA PARVEEN
ISSUE: PHYSICAL TORTURE AND HARASSMENT BY HUSBAND

Bench of Honble Justice RAJENDRA PRASAD.

FACT

The complainant Sajda Parveen was married to Parwej Anjum on 08/03/1987. The
complainant in her complaint stated that till some time after her marriage everything was
normal between her husband and her. In the meanwhile she gave birth to a son. In due
course her husband started beating her and torturing her. She lost her patience when her
husband started even to torture her son. So she left her house and went to her fathers
house in Purnea where she even filed a case of torture against her husband. But her
husband came to her house and requested her to take back the case which the
complainant accepted and came along with her husband to Patna. But to her surprise her
husband again started behaving in ill manner with her and even stopped giving her the
basic amenities. In protest to it the complainant started a beauty parlour in a small room
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but her husband used to ill treat the customers too. Later her husband even tried to kill her
along with her son. So she filed a case before Chief Judicial Magistrate. But no action
was taken so she pleaded the Commission to look into the matter and protect her life
which is her fundamental right also.
JUDGEMENT
After looking into the complaint the Commission asked the SSP to investigate into the
matter and present its report within four weeks. The complainant was asked to be present
for the hearing but after last request the Commission assumed that the complainant is not
interested in carrying forward the matter so it disposed of the case.

CASE 16

CASE NUMBER: BHRC/Comp- 628/2012

COMPLAINANT: RAJNISH KAMAL
ISSUE: FAMILY DISPUTE

Bench of Honble Justice S.N.JHA.

FACT

The complainant is an artist and is currently working with COLORS CHANNEL

Mumbai. He was married to Rashmi Kamal in the year 2005. According to the
complainant, his wife has unusual behavior towards him and she even doesnt respect his
work and tries to stop him from going out of the house. Even she has extra marital affairs
with some unknown people and due to this they have fight almost every day. His father
and brother-in-law also threaten him to file a case of dowry against him. They have three
children who are also being affected by all this. The complainant pleaded the
Commission to call his wife and his father and brother-in-law to advice and order them

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behave well with him and preserve his human rights of moving anywhere and to live with
dignity.

JUDGEMENT
It is a case of family matter thus the Commission doesnt entertains such complaints. So
the matter was disposed of and closed and a report regarding the decision was sent to the
complainant.

CASE 17

CASE NUMBER: BHRC/Comp- 1147/11

COMPLAINANT: RAVENDRA PASWAN
ISSUE: MARRIAGE BY FRAUD

Bench of Honble Justice RAJENDRA PRASAD.

FACT

The complainant married her daughter to Uday Paswan who worked in life insurance
Company. He had spent a lot in the marriage ceremony of his daughter. He says that
before the marriage he had done full inquiry about the character and conduct of the
bridegroom. During this the relatives and co-villagers of the bridegroom said that he was
unmarried and was of good conduct and character thus after this complainant was assured
of marrying his daughter to him. After the marriage when his daughter went to her inlaws house she came to know that her husband was married thrice and has three children
27

from them and now she was the fourth wife of him. After the marriage complainants sonin-law was demanding for Rs 10,000 but he refused to pay. The groom is said to have
married and killed all the wives for insurance money and the complainant has a doubt
that he may do the same thing with his daughter. The complainant pleaded the
Commission to look into the matter and take action.

JUDGEMENT

The matter was resolved by the mutual consent and the case was withdrawn by the
complainant.

CASE 18

CASE NUMBER: BHRC/COMP- 2736/10

COMPLAINANT: SHABANA PARWEEN
ISSUE: RELATED TO COMPENSATION OF LOSS OF ACADEMIC YEAR.

FACTS
According to the applicant she could not fill the examination form and appear at the
secondary schools examination as she was denied financial help from the poor students
fund. There seems to be some doubt as to whether funds available with the headmistress
of the school could be utilized in the manner desired by the applicant but undisputedly
there was order of the superior authority namely District Education Officer in her favour.
That apart, the applicant was kept in dark in this regard with the result that she could not
appear in the examination resulting in loss of one academic year. In course of hearing it
transpired that in course of time, after one year, the applicant took admission in the
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intermediate course and is prosecuting further studies. She belongs to BPL family without
any parental support.

JUDGEMENT
In the facts and circumstances, the Commission is of the view that it would be in the ends
of justice to grant her a token monetary compensation of Rs.10,000 (rupees ten thousand)
which may be recovered from the salary of the Headmistress of the school concerned.
The matter is thus disposed of.

CASE 19

CASE NUMBER: BHRC/Comp-173 /11

COMPLAINANT: PRADEEP KUMAR
ISSUE: COMPLAINT AGAINST REGULAR LIFE THREAT RECEIVED.

Bench of Honble Justice S.N.JHA.

FACT

The complainant Pradeep is 74 years old who is s/o Late Purana Chandra Chakraborty
had purchased a land and built a home thereon and had been residing there since 24 years
with his family members. He states that he is old and usually remains ill. He stated that 12 years back he had been intending to sell his property and in this regard he had been
approached by two three brokers. Out of them one broker Shri Dharmendra Kumar Jha
had required him to provide a photocopy of ownership deed of his property. This broker
29

informed him that Shri Bharat Thakur wanted to talk to him regarding this property. But
as he was not willing to sell the property he clearly refused. Then all of a sudden on 8 th
January 2011 one Shri Kanhaya Prasad who claimed he to be Commissioner and Shri
Bharat Thakur came to his house and asked to sell this property to him but the
complainant refused it. But on refusal they threatened him of dire consequences and later
sent a legal notice on 15/01/2011 stating that there was a contract for sale of property of
worth Rs. 35 lakhs and Rs. 1,50,000 had already been paid. The complainant states that it
is false, fabricated and no agreement had been made. He pleaded the Commission that he
belongs to Bengali minority community and he and his family members are being
harassed on the hands of land mafia. So he requested the Commission to take action and
protect his property and family members.
JUDGEMENT
The Commission asked the SSP Patna to investigate the matter and present before it the
response within 4 weeks. The investigation was done and a response was asked from the
complainant where he stated that since he filed his complaint on 18/01/2011 till today i.e.
12/03/2012he hasnt received any threat and now due to effort of the Commission the
matter is normal and he even praise Commission and SSP for this efforts. So in the view
of response of the complainant, the matter is closed and complainant was also informed.

CASE 20

CASE NUMBER: BHRC/Comp-919 /12

COMPLAINANT: GEETA DEVI
ISSUE: COMPLAINANT REGARDING PROPER INVESTIGATION IN A CASE

Bench of Honble Justice S.N.JHA.

FACT

The complainant filed the complaint that her daughter Aarti Devi was called by Kunti
Devi on 01/01/2012 at around 4:00 pm to her house. There she served my daughter tea
which contained some addictive substance due to which she felt unconscious. After some
time two people named Parmeshwar Rai and Satyendra Kumar came and forcibly took
her into the room and when complainants daughter resisted Kunti Devi said that today is
1st January and you have to spend night with them. Next morning when her daughter tried
to shout for help, Kunti Devi threw kerosene oil and tried to set her on fire but some
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people went there and rescued her. Then complainants husband went to file complaint in
the police station but seeing her condition she was referred to P.M.C.H where she died on
13/01/2012. On 02/01/2012 police inspector had got signed on a blank paper by the
complainants daughter and later on he wrote some false statement. Later on the accused
threatened complainants husband and even beated him and filed false case against him.
The complainant pleaded the Commission to take action against the accused and protect
her family.
JUDGEMENT
The investigation was done by the SSP where he stated that there is two version of case
while as per the complainant the deceased was set on fire by Kunti Devi as per other
version which police has found to be true is that the deceased poured kerosene oil on her
body and set herself afire after being rebuked by the family members for visiting Kunti
Devis house against their wishes. The commission went in-depth to see whether there
has been any shortcoming in the investigation by the police but it didnt find any such
thing. The commission is inclined to think that the complainant has not revealed the
whole story. Courts or quasi judicial bodies can intervene where it found incomplete or
dishonest or illegal but nothing of kind has been brought to notice. The Commission
would accordingly decline to pursue the matter.

CONCLUSION

The researcher has done the internship under BIHAR HUMAN RIGHTS COMMISSION
where the researcher has gone through the history of human rights along with the work
done by the HUMAN RIGHTS COMMISSION. The human rights are the right and
freedoms that every person on earth is entitled to enjoy like right to social security, right
to equality, right to life, right to liberty and security of persons etc. without distinction on
basis of race, sex, caste, creed, religion, colour, language, work, political or other opinion,
national or social origin, property, birth or status. Human rights have been defined as
basic moral guarantees that people in all countries and cultures allegedly have simply
because they are people. But the main reason why a normal person does not take the
violation of his rights seriously because of the lack of awareness among the people. Even
people are scared of the legal process and the long judicial proceedings where a huge
amount is spent on it.

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The researcher came across various cases while going through the files of BHRC during
the internship and came to the conclusion that Commission is a very efficient mechanism
through which the human rights of the people is being protected and preserved. The
Commission based on the complaint involves a fair degree of investigation by the
efficient and authorized authority and based on the report provides fair relief to the
complainant. The complaints are served in a quick session and the complainants are given
reliefs. Many of the cases were closed as per the principle of the Commission. The
researcher came across many cases also where the cases filed were false due to which
there was waste of time on the part of the Commission. The researcher has given an
account of the cases gone through during the internship.
In a recent report published in TIMES OF INDIA, BHRC has been ranked among the
top most states for its speedy trial in year 2013. The number of cases being filed in the
Commission has also increased which indicates a positive sign that the trust among
people for BHRC has increased tremendously. There were various programmes
conducted by the BHRC for the interns where imminent persons of various fields came to
discuss various concepts and topics related to the human rights. This initiative of the
Commission is commendable as it helped the interns to gain theoretical as well as
practical knowledge. The internship taken under the BHRC has been an enriching and
knowledge seeking experience which would help the researcher to work for the
prevention of human rights of people on its level.

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