Illegal detention of Chakma boy: NHRC to take coercive action if Arunachal govt fails to compensate the victim

Annoyed with the non-compliance of its directive, the National Human Rights Commission (NHRC) on Tuesday issued a final reminder to Arunachal Pradesh government to submit compliance report on payment of compensation to a minor Chakma boy who was illegally detained for prolong period at a police lock-up in violation of the juvenile justice act.

Non-compliance of the present order will invite coercive action, the Commission said in its latest ruling.

“In the aforesaid cases, authorities concerned have not submitted the called for reports. Therefore, issue a final reminder directing them to submit the reports within four weeks failing which the Commission will be constrained to issue coercive process u/s 13 of PHR Act, 1993,” the order reads.

16-year-old Kulo Chakma of Sukhonala was illegally detained at Diyun police station in State’s Changlang district for almost one month without producing before a juvenile justice board in 2012 as required under the provision of the juvenile justice act.

Ruling that it is a case of violation of human rights of the minor, the Commission recommended the State government to pay Rs. 50,000 as compensation to the victim.

State’s Chief Secretary was directed to send compliance report within six weeks along with the proof of payment.

The Commission intervened into the matter pursuant to a petition filed by New Delhi based human rights organisation, Asian Centre for Human Rights.

In August 2012, the police went to a village and arbitrarily picked up the victim along with others on mere suspicion in connection with a case. The minor was not even shifted to a juvenile home but continued to be detained in the police station lock up, where he was forced to share space with hardcore criminals lodged at the police station lock-up.

In its previous submission, the State Government admitted that two police officials, ASI N. BO, IO and SI P.K. Kalita, the then OC P.S. Diyun were found guilty and a joint departmental enquiry was ordered against them.

The Commission in its ruling said that since the allegation of violation of human rights by their accused officers as per the departmental enquiry conducted is found true, the Government of Arunachal Pradesh may take a suitable and considerate view on payment of compensation to the victim Kulo Chakma under Section 18 of the Protection of Human Rights Act, 1993.

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