CONTENTS

Introduction 1-9

Administrative Section 9-11

Law Division 11-56

Statements 57-6 1

Investigation Wing 62-73

Details of Cases Reported During 2007-08 74-87

Photo's 88-98
 ANNUAL REPORT 2010-11

The Commission has so far submitted Annual Reports of 2007-0 8,

2008-09 and 2009-10 on time. As per the regulations framed by the Commission, the
Annual Reports for the year 2007-08, 2008-09 and 2009-10 have been sent to the
State Government before the end of June of the succeeding year. Government's
reaction in the action taken reports furnished to the Legislature have also been
collected from the Legislature Secretariat. The Commission has amended the
regulation to submit the Annual Report before the end of September of the succeeding
year. Since the Memorandum of Action and the action taken and proposed to be taken
have been made available to the Commission the views of the Commission, after
examining them, are as follows:

In the First Annual Report, the Commission had mentioned about the allotment
of space for the office of the Commission and the request of the Commission for the
allotment of Park House. Officially, the State Government has not con-L1unicated the
decision to the Commission till today. But in the action taken report placed before the
Legislature, it has been mentioned that Karnataka Public Service Commission was of
the view that the Park House is required for the use of the Public Service Commission
itself It was mentioned in the last Annual Report that the Government has written to
the Revenue Department for allotment of two to three Acres of land in a central place
in Bangalore city. In the memorandum of actions taken on the report of 2008-09, the
Law Department has mentioned that it has sent the list of vacant survey numbers of
Government land for consideration of the Commission and it is further stated that the
reply of the Commission is awaited. The Government in its D.O. letter No.LAW 118
HRC 2006 (Part) dated 25.06.2008 had stated that it has requested the Revenue
Department for allotment of two to three Acres of land. This letter has been written to
the then Principal Secretary, Revenue Department. The response of the Revenue
Department to this proposal is not known to this Commission. The Government in its
letter dated 08.03.2010 has stated that as a short-term measure to identify a private
Karnataka State Human Rights Commission

building for rent at the rates to be fixed by the PWD and as a long term measure has
requested the BDA to allot a site. It ha 1-. -' 4,,-. -..-.,-.;
of the
Commission that by the very nature of its wcç th Commisi3n requires a building
where the members of the public come easily to approach the 0ommissior1. Mosi of
the people who come with complaints to th cu:ot .1 proach the
Commission if it is located in a far off place.

The State Government has allotted 4,634 sq. ft. of space to the Commission in
the 5th Phase of the M.S. Building vide order No.DPAR 147 DBM 2009, Bangalore
dated 16.06.2010. This space has come to the pcsession of the Commission one year
after the State Government has passed the order. The State Government has
considered the request of the Commission to provide space in the central space i.e. in
the 5th Phase of the M.S. Building. It may kindly be noted that the offices of the
Lokayukta, State Information Commission, State Election Commission, Karnataka
State Consumers Forum, High Court of Karnataka, Karnataka Public Service
Commission and Law Commission all are located in and around Vidhana Soudha and
now the State Government is taking action to locate the office of the Karnataka
Administrative Tribunal in the same vicinity. The Commission has requested for
allotment of the entire 5th Phase space of the M.S. Building. It is possible if the
Government takes it seriously to shift the other offices located in the fifth phase and
allot the same to the Commission thereby it could solve the space problem of the
Commission. The Government is aware of the fact that it is very difficult to get larger
accommodation of private buildings on rental basis in a place which is convenient to
the public. The Government has appreciated the needs for the space by differentiating
between immediate needs and permanent needs. The Commission has requested for
space in the compound of Karnataka Public Service Commission facing the palace
road by constructing a permanent building, as the Government has allotted a space
abutting Phase of M.S. Building to the State Information Commission. To get a
permanent building constructed may take some time and therefore the Government
should in all seriousness examine the possibility of providing the entire fifth phase to
the Commission at an early date.

2
 Fourth Annual Report 2010-11

So far as the conditions of service of the Chairperson and Members, it is

admitted that they have to be prescribed by the State Government as per the Act. The
Commission is well aware of this fact, but what the Commission is requesting is to
keep the service conditions and rules on par with rules that are framed for the National
Human Rights Commission and the other State Human Rights Commissions. In all
Rules residuary clause is enacted to apply provisions of terms and conditions of
services of the Chief Justice and the Judge of the High Court where no specific
provision is ac:e in the Rules framed with regard to any aspect of the service of
Chair r-on aid s. i.. framing the Rules, the State Government may keep in
mind the service conditions that are framed in other State Human Rights Commissions
and National Human Rigkvs Commission and similar Commissions that are
constituteu by th Statt Gmvcmment. It may kindly be noted that the State Human
Rights Commission is a body constituted under a Central statute. The Government
may examine the service conditions that are now framed in the light of what has been
done in the case of Lokayukta, State Election Commission, Karnataka Administrative
Tribunal, State Information Commission, Karnataka Public Service Commission and
the Law Commission. In order to aid the Government the Commission taking into
account the rules framed by other State Governments and Central Government
prepared draft Rules, and vide its covering letter dated 17.12.2009 has forwarded the
draft Rules to the Government, and the Government has not yet approved the draft
Rules, and the draft Rules, as it is, if approved will solve all problems arising out of
truncated and incomprehensive Rules already framed by the Government.

The Government in its memorandum of action taken report to the First Annual
Report has mentioned about the number of posts that are in some of the other State
Commissions and the National Human Rights Commission. The State Human Rights
Commission has so far registered 25,033 complaints and disposed 15,898 complaints.
It may kindly be noted that the number of complaints are increasing every day from
all parts of the State and these complaints are in addition to the cases Suo-motu
registered. The Law Department has mentioned about posts of other States and also
the National Human Rights Commission, but the major number of posts that are being

3
Karnataka State Human Rights Commission

asked is in the Investigation Division. It has become difficult to investigate complaints

that come from every nook and corner of the State. The Hon'ble Minister for Law
when he visited the Commission on 09.07.2008 has understood the need for the
accommodation, the facilities, the Cadre and Recruitment Rules, the status of the
Chairperson and Members and the staff requirement of Investigation Division.
Although the Hon'ble Minister for Law visited two years ago and has categorically
stated that in order to effectively function the Investigation Division should be on the
same line as that of Lokayukta. The State Government may kindly consider the
existing investigation wing of the Lokayukta as well as that of the Commission. The
Commission has already furnished the revised proposal to the Government and the
Government in its order No.LAW 17 HRC 2010, Bangalore dated 10.06.2010 has
created 29 posts. The Commission is of the view that the Government orders should
have indicated as to how these posts have to be filled up. The need for Cadre and
Recruitment Rules does not merely fix the Cadre strength. Cadre strength has to be
examined separately but the number of posts that are mentioned in the Government
order should have a Cadre and Recruitment procedure. Therefore, the State
Government should consider framing of the Cadre and Recruitment Rules forthwith.

1. Appointment of Chairperson:

The Committee constituted in Section 22(1) of the Act, exercising its power,
made its recommendation and His Excellency the Governor of Karnataka was pleased
to appoint Dr. Justice S.R.Nayak, retired Chief Justice of Chattisgarh High Court as
the Chairperson of the Karnataka State Human Rights Commission in notification
No.LAW 17 HRC 2005 dated 23.7.2007. He assumed charge on the afternoon of
25.07.2007 Dr. Justice S.R. Nayak continued as Chairperson of the Commission
during this year also.

2. Appointment of Members of the Commission:

As per section 21(2)(b) of the Act, one member who is, or has been a Judge of
a High Court or District Judge in the State with a minimum of seven years experience
as District Judge may be appointed as the member of the Commission. Keeping this

4
 Fourth Annual Report 2010-11

qualification in view, the Committee constituted under Section 22(1) of the Act,
recommended the name of retired District Judge Sri R.H. Raddi and His Excellency
the Governor of Karnataka was pleased to appoint him in notification No.LAW 17
HRC 05 dated 28.07.2007. Sri. R.H. Raddi assumed charge on 28.07.2007 and
continued as Member of the Commission during this year also.

As per section 21(2)(c) of the Protection of Human Rights Act, 1993, one
member has to be appointed from among persons having knowledge or practical
experience in matters relating to human rights. Keeping this qualification in view and
as per the recommendations of the Committee constituted under section 22(1) of the
Act, His Excellency the Governor of Karnataka was pleased to appoint
Sri.B.Parthasarathy, retired lAS Officer as per notification no. LAW 17 HRC 2005
dated 23.7.2007. Sri B. Parthasarathy assumed charge on the afternoon of 25.07.2007
and continued as Member of the Commission during this year also. As per the Act, the
term of office of Hon'ble Chairperson and Members is for a period of five years or
until they attain age of seventy years, whichever is earlier.

3. Appointment of Secretary:

The post of Secretary of the Commission has been created as per Government
notification No.LAW 20 LAG 05 dated 28.06.2005. As per this notification, it has
been ordered that a District and Sessions Judge from Karñataka Judicial Service may
be appointed as Secretary. As per Section 27(1)(a) of the Act, an officer not below the
rank of a Secretary to the State Government shall be made available to the
Commission who shall be the Secretaiy of the State Commission. Accordingly,
Sri Javid Pasha, District and Sessions Judge from Kamataka Judicial Service has been
appointed as Secretary of the Commission and is functioning from 07.08.2009 and is
continuing service through out the year under report.

4. Inspector General of Police:

As per Section 27(1)(b) of the Act, the Government has to make available to
the Commission an officer not below the rank of an Inspector General of Police to
1:1:1 -040-2

5
Karnataka State Human Rights Commission

head the Investigation Division. Sri N.S. Megharik was appointed by the State
Government after consultation of the Commission ad he reported for duty on
29.09.2009 and wo!2ked iii!. 232.2Ol1. Sri, Mohammed Wazeer Ahrned, Inspector
General of Police was appointed by the State Governnent after consultation with the
Commission and he reported for duty on 28.02.2011 arid is continuing in the post till
the end of the year under report. Sri. Shivarnurthv who was working as Deputy
Superintendent of Police ws in the service 3f the Commission till 01.04.2011.
Sri N.T. Ashwathnarayan, L)ep.ty Suterintendent of Police reported for duty on
05.03.20 11 and is in the service of the Commission through out the year. One more
additional Deputy Superintendent of Police was created and Sri D. Radhakrishna
reported for duty on 22.O701 1.

In order to facilitate smooth functioning of the Commission, three wings are

organized (a) Administrative (b) Investigation and (c) Law. While the Secretary of the
Commission is the Chief Executive Officer, the Investigation Division is headed by
the Inspector General of Police and the Law Division is headed by the Registrar of the
Commission.

5. General:

When the Commission was constituted by the Government by its order

No.LAW 20 LAG 05 dated 28.06.2005, the Government in another order issued on
the same day created 53 pasts. The creation of these posts has be en done muci befoz e
the Commission came into existence. However, it should be noted that all pots th;t
are created are necessary for the smooth functioning of the ( mmissio?e, bu hi post
of the Registrar which is absolutely essential had not been creted in he Go era'mriI
order. The Commission has forwarded the draft Cadre and Recruime:it RJes
including this post. Later the Government passc.1 certain orders creating a few r:tore
posts in the following manner. The orders by which posts are created ever since the
Commission was constituted are as follows:
 Fourth Annual Report 2010-li

Filled posts
SL . Sanctioned On On Vacait
Designation of the post
No, posts deputation contract posts
basis
A) Order No.LAW 20 LAG 2005 dated 28.06.2005:
1. Secretary, SHRC 1 1 -- --
2. Private Secretary to the 1 1 -- --
Hon'ble Chairperson
3. Under Secretary 1 1 -- --
4. Section Officer 1 -- 1
5. Senior Assistant 1 -- 1 --
6. Assistant 1 1 -- --
7. Personal Assistants! 7 2 5 --
Stenographers
8. Junior Assistant 1 1 -- --
9. Typist 1 -- 1 --
10. Drivers 6 -- 6 --
11. Attenders / Group 'D' 7 -- 7 -
12. Inspector General of Police 1 1 -- --
13. Deputy Superintendent of 1 1 -- --
Police
14. Head Constable 2 2 - --
15. Police Constable (Civil) 2 2 -- --
16. A.P.C. (Orderlies) 4 4 -- --
17. Drivers (HCs/PCs) 3 2 1
18. Section Superintendent 1 1 -- --
19. First Division Assistant 1 -- 1 --
20. Stenographers 2 2 -- --
21. Typist 1 . -- -- 1
22. Attenders 7 2 5 -
Total posts 53 24 28 1
B) Order No.LAW 01 HRS 2007 dated 23.08.2007
1. Deputy Secretary 1 -- 1 --
Total posts I -- 1
C) Order No.LAW 59 HRC 2007 dated 03.11.2007
1. Court Officers 3 1 1 1
2. Assistant Registrar 1 -- 1 --

7
Karnataka State Human Rights Commission

Filled posts
SI. . . Sanctioned On Vacant
Designation of the post
No. posts deputation contract posts
basis
3. Sections Officers 3 -- 3 --
4. Public Relation Officer 1 -- 1 --
Total Posts 8 1 6 1
D) Letter No.LAW 59 HRC 2008 dated 31.01.2008
1. Sweepers/Scavengers/Security 4 -- 4 --
2. Home Orderlies 7 -- -- 7
Total Posts 11 -- 4 7
E) Order No.LAW 31 11IRC 2008 dated 21.02.2009
1. Account Officer 1 1 --
2. Account Superintendent 1 1 -- --
Total Posts 2 2 --
F) Order No.LAW 17 HRC 2010 dated 10.06.2010
1. Legal Assistant / Research 2 — — 2
Assistant
2.. Judgment Wnters 2 — 2 --
3. Assistant 2 2 --
4. Junior Assistant'Computer 6 3 3

Operator/Typist
5. Deputy Superintendent of 1 1 - --
Police
6. Police Sub-Inspector 2 2 — --
7. Head Constable 3 2 — 1
8. Constable (Gents/Ladies) 5 5 -_ --
9. Jamedaar/Dalayat/Orderly 6 -- — 6
Total Posts 29 10 7 12
G) Amendment order No.LAW 64 HRC 2010 dated 01.02.2011
1. Assistant Librarian 1 -- 1 --
Total Posts 1 -- 1 --
Total Posts sanctioned by 105 38 46 21
Government

8
 Fourth Annual Report 2010-11

Filled posts
Si. . . Sanctioned On On Vacant
Designation of the post
No. posts deputation contract posts
basis
H) Posts created and filled up by the Commission as per Section 27(2) of the
Human Rights Protection Act, 1993
1. Registrar 1 -- 1 --
2. Presiding Officer 1 -- 1 --
3. Senior Assistant 1 -- 1 --
4. Assistant 1 -- 1 --
5. Stenographers 4 - 4 --
6. Drivers 1 -- 1 --
Tota Posts 9 -- 9

ADMINISTRATIVE SECTION:

Grants provided to the Commission:

During the year 20 10-11, the Commission was provided with Rs.278.93 Iakhs
against Rs.1272.00 lakhs sought by the Commission and this grant has been filly
utilised.

Meetings of the Commission:

The Commission has met eight times on the following dates and has taken 47
decisions.
Number of
Dates
decisions
1. 04.05.2010 : 02
2. 12.05.2010 09
3. 11.06.2010 07
4. 09.08.2010 : 06
5. 04.09.2010 : 05
6. 15.11.2010 : 06
7. 05.01.2011 07
8. 01.02.2011 : 05
Total : 47
Karnataka State Human Rights Commission

The Formats for submission of Annual Accounts of the Commission was

finalised and communicated to this office by tic Guvcutuici, 'idc cki c.LAW 70
HRC 07 Dated: 23-3-2009, Of the Secretary to the Gover.nnicnt, Law, Justice and
Human Rights Department. KSHRC is maintaining its accounts like any other
Government Department and in the same iwe Nna! Himan Rights
Commission. The Formats prescribed were inu suitable for commercial
organisations and adoption of the same for a Government office and preparation of
Accounts for the two Financial Years i.e. 2007-08 and 2008-09, took 03 to 04 months.

The annual accounts were prepared in consultation with A.G. (C&CA), in the
prescribed formats, and placed before the Commission meeting dated 2 1.10.2009, and
the commission has approved the annual accounts of KSHRC for the year 2007-08
and 2008-09. The same was sent to A.G. (C&CA), vide letter No:
HRC/120/AdmI2008, dated 16.11.2009.

The AG has conducted detailed inspection and audited the accounts of the
commission for the Year 2007-08 and 2008-09 during the month of November &
December 2009. A.G. vide his letter No.PAG(C&CA)/OAD/SAR(AB)/ 2009-10/345
dated 05.02.20 10 has forwarded the Audit Reports along with certified copies of the
accounts of the KSHRC, B'lore for the year 2007-08 and 2008-09 to the State
Government for placing before the state legislature after approval of the commission
for having adopted the above documents. The commission in its meeting held on
26.02.20 10, after examining in detail, has accepted the Audit report. The same has
been placed before the State Legislative on 11.01.2011.

The Annual Accounts and Audited Reports for the year 2009-10 along with
certified copies of the accounts of Karnataka State Human Rights Commission was
received from the Accountant General vide letter No.PAG(C&CA)/OAD/
SAR(AB)/2010-1 1/397 dated 26.10.2010 and the same was accepted by the
Commission in its meeting held on 15.11.20 10. The Audit Report along with the
certified copies of Annual Accounts were sent to the Law, Parliamentary Affairs and

10
 Fourth Annual Report 2010-11

Human Rights Department and the same has been placed before the Karnataka State
Legislative on 06.06.20 11.

The Commission has come into existence in the year 2007 and has completed
four years on 25.07.2011. Although the Commission has framed Cadre and
Recruitment Rules and submitted the same to the Government as early as 07.11.2007,
the Governinent has not framed the Cadre and Recruitment Rules. The Commission
has so far appointed retired offieeis from judiciary and administration and contract
employees from the opus.. market. Alihough retired employees and contract employees
are servir the Commission well, it is very necessary to have permanent cadre in the
Commission, Similarly, many other employees are appointed on contract basis and are
vvorkin in the Commission foi the last fOur years without any rise in their
emoluments. The Commission is of the view that when once the Cadre and
Recruitment Rules come into force, there will be regular and permanent employees in
the Commission instead of depending on contract employees whose salary is stagnant.
Till the Government frames Cadre and Recruitment Rules at least it may prescribe
rules under section 27(3) of the Protection of Human Rights Act fixing the scale of
pay for the posts which are created by the Commission as per the provisions available.

LAW DIVISION:

One of the important wings of the Commission is Law Division. As stated in

the previous annual reports, the Commission which came into existence in July 2007,
actually started functioning from October 2007 in the limited accommodation
provided by the Government in the fifth phase of M.S. Building. But actually the
entire 3' floor and part of 4t1i floor has been provided to the Commission and in
addition to it the entire 2'' floor and part of the 1st floor have been provided. Although
as mentioned above, the Government passed order allotting the entire 2"' floor and
part of the 1st floor on 16.06.2010, the space was not made till the end of March 2011.
But because of efforts of the Chief Secretary and Principal Secretary/Secretary of
DPAR and Deputy Secretary, DPAR (Executive), the allotted space has been made
available to the Commission on 23.07.2011. The case files of the Law Division are

11

I
Karnataka State Human Rights Commission

kept in a very narrow space and more than 8710 cases of 2010-11 were pending
inspite of number of similar complaints having been disposed off. During the year
2007-08, 1,872 complaints were received and 967 complaints have been disposed.
During the year 2008-09, 5,579 complaints were received and 2,577 complaints were
disposed. During the year 2009-10, 8,872 complaints were received and 4.979
complaints were disposed. During the year 2010-11, 8,710 complaints were received
and 7,375 complaints were disposed. It has been brought to the notice of the
legislature in the previous Annual Reports that the Kamataka State Human Rights
Commission has developed a system where by suo-motu cases are being registered on
the basis of reports that are published in the electronic and print media and important
incidents which come to the notice of the Hon'ble Chairperson and Hon'ble Members.
The Commission has taken several matters of public interest as suo-motu cases. The
Commission makes its own investigation and makes valid recommendations to the
State authorities. During the year 2007-08, 92 suo-motu cases were taken up and in
the year 2008-09, 1,264 and during the 2009-10, 2,477 and during the year 2010-11,
1,590 suo-moto cases were taken up. The Commission has mentioned in its previous
reports that it is giving lot of importance to the suo-motu cases because there are no
complainants to prove these cases, the Commission has to make its own investigation
and come to the valid conclusion. The Government has stated that they have given
sanctioned posts keeping in view the staff strength in various other States' Human
Rights Commission as well as in the National Human Rights Commission. But it is
brought to the kind notice of the Government that the post of Registrar which has been
in existence in all State Human Rights Commissions as well as in National Human
Rights Commission as well as in similar Commissions which are established in the
State and statutory body like Lokayukta and till today the post of Registrar has not
been sanctioned. The Government may take up these issues seriously and provide for
the immediate required staff as furnished in the revised proposal sent by the
Commission to the Government. The Commission has in addition to the post of
Registrar, has also proposed one post of Additional Registrar for scrutinizing the
reserved matters as is available in other Human Rights Commissions, two posts of
Assistant Registrars, two posts of Senior Assistants, two posts of First Divisional

12
 Fr'rth Annual Report 2010-i I

Assistants, two posts of Second DivisIonal Assistants, two posts of Computer

Operators, one post of Xerox Operator and two posts of Dalayats to the Law Division.

It may kindly be noted that the procedure of enquiry and disposal adopted by
this Commission is drastically different from the procedures and disposal methods
adopted by other State Human Rights Commissions as well as in National Human
Rights Commission. The needs of this Commission have to be considered and decided
on its own merit without being guided by what is provided in other State without
knowing fact situation of the State Human Rights Commissions of other States.

The response of the Government and other public authorities on the action
taken on the cases that are reported in the First Annual Report 2007-08, Second
Annual Report 2008-09 and Third Annual Report 2009-10 are given in the following

I
pages.

The National Human Rights Commission constituted a Committee to look into

the issue of evolving basic structure, minimum manpower and fmancial requirement
of State Human Rights Commissions to enable them to discharge their functions
assigned under the Protection of Human Rights Act, 1993 and to develop guidelines
for complaint disposal by the State Human Rights Commissions, Hon'ble Chairperson
of the Karnataka State Human Rights Commission Dr. S.R. Nayak is a Member of this
Committee. The First meeting of the Committee was held on 22.07.2011 at the office
of the Natinoal Human Rights Commission, New Delhi. The Committee has
formulated guidelines regarding Infrastructure, Manpower, etc. and has recommended
for setting up the four divisions namely 1) Administrative Division, 2) Law Division,
3) Investigation Division and 4) Training and Research Division. While
Administrative Division, Law Division and Investigation Division are already in
existence as far as Karnataka is concerned, but the requirement of staff as worked by
the State Human Rights Commission is yet to be sanctioned by the State Government.
The 4th Division that was recommended the Training and Research Division has to be
set up in our Commission. Necessary proposals are being sent to the State
Government to include these posts in the Cadre and Recruitment Rules. The

13
Karnataka State Human Rights Commission

Committee also recommended sanction of adequate number of vehicles o facilitate

the movement of the Chairperson, Members and other Offices of the state Huo;an
Rights Commissions along with the sanctioned posts of Drivers for each iehicle.
addition to the existing vehicles and the posts of Drivers, the Commission has sent
proposals explaining the requirement of vehicles to the State Government and
same is under consideration of the State Government. The Csmmjitee aiss
recommended for adequate funding and has recommended the State Governments.
should make budgetary allocations which cover not only the salary expenses for all
the posts within the State Human Rig s Commissions, including provisions for the
likely annual increase in Dearness Allowance, etc. but also provide an amount roughir
the equivalent of the salary outlay, for other activities to be undertaken and. expenses
to be incurred by the State Human Rights Commissions. The recommendations of the
Committee along with the requirement of staff and financial requirements have
already been submitted to the State Government and the State Government is expeeted
to take immediate necessary action in this regard.

The Commission which called on the Hon'ble Chief Minister of Karnataka and
placed its requirements before him and Hon'ble Chief Minister of Karnataka has
assured the Commission that immediate necessary action regarding the requirements
of the Commission and service conditions of the Hon'ble Chairperson and Members
as well as the officers and the Cadre & Recruitment Rules and adequate funds would
be placed at the disposal of the Commission.

THE STATUS OF THE CASES REPORTED IN THE FIRSI ALNNUAL

REPORT

1. HRC No. 405/SM.12/07:

It is case of death of one Kumari Pushpa a tenth standard student due to

explosion in an illegal mining quany near Ramanagaram. The State Heman
Rights Commission recommended to refer this case to COD and to pay a
compensation of Rs.l.0O lakh.

Although the order passed on 13.08.2008, it is not clear whether ti±

investigation by the COD is completed and also the Government ha not

14
 Fourth Annual Report 2010-11

responded whether the compesation is paid to the family members of Kum.

Pushpa.

C !NO. fr;'

The Ccmr.sioi takeo. p a case o disastrous effect caused due to

torrential rains in ca Diro id on a eornplaint file by the then leader of
opposition in Leisec?. 2iiei!. The HonhIe Members Sri R.H. Raddi,
ri lB. Pathasarathy ined the ffcted 'piacs on 20.12.2007 aiid had
interaction ith. the fteeted. ,ersois and the officers etc. Thereafter the
Coimmission ins the disine. admnistraion to provide and make
arrangements for sheds tr immediate irviag. Likewise instructions were also
given to make ranments r providinLc ciothes, blankets, ration cards and to
extend medical facilities. I he Dopuly Commissioner, Gadag District has
submitted hi report of compliance. In the meanwhile, the Commission has
taken up HRC No.1 I Y200 dning the year 2008-09 regarding almost similar
natural disaster that happened in Kairavadagi village, Hungund Taluk,
Bagalkot District and has passed considered order in which the Commission
has urged the State Government to follow uniform policy in matters of natural
disaster that is pending before the Government. So far as the position in the
Gadag District is concerned, the State Government has taken it very seriously
and ordered for shifting of 12 villages.

It has been reported by the State Government that it has shifted some of
the villages in Gadag and Dharwad Districts and final compliance is awaited.

3. HRC No. 302107:

Srnt. Shyamalatha Singh a primary school teacher approached the

Commission stating that her salary from July 2001 to March 2006 has not been
paid. The Commission called for a report from the Comrnissien, Department
of Public Instructions, Bangalore. The Commissen upon receipt of report
recommended to the concerned authority to disburse the saiary and to initiate
suitable disciplinary action against concerned officiak.. Although this or&-r has
been riassed on 19.03.2008, the Commission ha heeyi informed of the
action taken by the State Government so far.

4.. HRC No, 635/SM.26/07:

It is a Suo-Motu case taken up by Commission on the basis of report in

Deccan Herald dated 13.12.2007 regarding the death of one Azamathuliah due
to medical negligence at General Hospital, Jayanagar. The Commission called
for a report from the Health and Family Welfare Department. Upon receipt of
a report, the Commission found medical negligence committed by ENT
specialists and nurse Smt. B.P. Pushpalatha. Therefore the Commission
recommended to Health department to hold an enquiry against the said officials

15
Karnataka State Human Rights Commission

ann to pay a compensation of Rs.i.00 lakh to the family of deceased

Azamathullah.

Although the Commission passed its order on 3 1.03.2008, the Health &
Family Welfare Department has not complied with the recommendations of the
Commission.

THE STATUS OF THE CASES REPORTED IN T}IE ANNUAL REPORT

2008-09

1. HRC No.129/2008:

On a complaint to the Commission, it was reported that no qualified

doctors are posted to PHC, Hiregutti, Kumta Taluk, Uttara Kannada District. It
was also reported that there are 3 sanctioned posts of doctors in the said PHC,
but no qualified doctors are posted. In this context, the Commission upon an
enquiry, recommended to the Government to fill-up the vacancy in the
sanctioned 3 posts in the PHC, Hiregutti, wit pricd one month and
report compliance.

Although the Commission passed its order on 20.10.2008 Government

in the Health and Family Welfare Department have not furnished compliance
report.

2. HRC No.303/2008:

On a complaint to the Commission, Sri Guradas Raghunath Kulghatkar,

President, Government Arrack & Shop Owners Association. Karwar, has
alleged that the Government has not taken any positive stsps for the
rehabilitating the erstwhile displaced arrack vendors and workers. In this
regard, the Commission upon an enquiry has recommended to the Govemrnc
to issue certain directions to the concerned authorities to take immediate steps
to rehabilitate the erstwhile displaced arrack vendors. In response to the
recoitmendations, the Chief Secretary to the Government of Kamataka has
submitted a reply stating that all the Deputy Commissioners and Industries
Department are requested to take Oaction to extend benefits under Suvarna
Kayaka and Sandya Suraksha scheme to the displaced arrack vendors and
workers as part of the measures to rehabilitate them. Applications for sanction
of benefits under these two schemes have been collected by the district
administration all over the State and those found eligible will be provided the
benefits as envisaged.

The Government have reported that it has directed the Commerce and
Industries Department to take action to extend benefits under Suvarna Kayaka
and Sandya Suraksha Scheme to displaced workers.

16
 Fourth Annual Report 2010-11

3. HRC No.433/SM-23/08:

It is a suo-motu case taken up by the Commission based on reported

news in Times of India dated 23.2.0 8 under the caption "Judge writes to SHRC
on torture to Children". It was complained that the Police Inspector,
Sri Dharnesh of Hanumanthanagar Police Station, Bangalore City, had
wrongfully detained few children playing in a garden and subjected them to
torture, but no action was taken against the erring Police Inspector.

The Commission upon an enquiry into the allegations has recommended

to the Chief Secretary to the Government of Karnataka to grant Rs.20,000/- as
compensation to the parents of the children within a month. The Commission
further recommended that the Government is at liberty to recover the
compensation from the erring Police Officer and to initiate disciplinary
proceedings against him.

The Principal Secretary, Home Depaitiiient has submitted interim

compliance report instructing the Director General and Inspector General of
Police to take further action in the matter.

4. HRC No.471/2008:

It is a suo-rnotu complaint taken up by the Commission based on a

reported news in Prajavani dated 16.2.08 under the caption
highlighting the pathetic civic amenities existing in ward No.55 of
Padmanabhanagar. The Commission has directed an enquiry into this by the
Commissioner, BBMP. The Comnissioner, BBMP submitted his report to the
Commission indicating the measures taken to improve the civic amenities in
ward No.55 of Padmanabhanagar. The Commission on the envisaged measures
ken by the BBMP Commissioner further directed to send a further report
indicating whether the measures envisaged have been implemenfedlcompleted.

There has been no change since Bruhat Bangalore Mahanagara Palike

has not submitted further compliance report.

5. HRC No. 540/SM-19/07:

It is a suo-motu case taken up by the Commission based on the reported

news in Prajavani dated 6.12.07 under the caption "e ri". It was
highlighted in the write-up about the plight of the local residents residing
around Harishchandra Ghat situated in Mahakavi Kuvempu Road. The burning
of dead bodies and the smoke emerging there-from has been causing lot of air
pollution & hazardous to the life.

17
Karnataka State Human Rights Commission

The Commission sought an action-taken' report from the

Commissioner, BBMP. The Commissioner. BRMP submitted his reply stating
that there being 2 sections one is being usd E.rcrie Cr natoriv; and the
other is used to bury the dead bodies cr f urninc?,. 0: av:rage 2-15 Jd
bodies are being receivec every day. The ?eura Krrmk er taking oare of
the entire area in order to keep it clean ry remov:ig die ehrC left by die
public. The toilets are kept clean ever The. :•: 1i clean
by the Poura Karmikas.

The Commission having taken note of the report instruciect the

Commissioner, BBMP to see the possibility of avoiding the burning of 1ie dead
bodies and to adopt some other means so that pollution in that area may be
avoided. Although this order has been passed on 24.03.2009 Compliance
report is still awaited from the Commissioiier, Bruhat Bangalore Mahanagara
Palike, Bangalore.

HRC No. 538/08:

It is a complaint by an NGO based on the news telecast in TV-9 dated

16.2.08 highlighting the pathetic conditions of the hostel maintained by the
Social Welfare Department at Ansari Village, Navalgund Taluk. There are
about 50 students under a single roof without proper food, water and electric
facilities. Total maintenance of the hostel by the Social Welfare Department is
stated to be improper.

The Commission sought an 'action-taken' reply from the Principal

Secretary to the Government, Social Welfare Department. The reply submitted
by Government discloses that the Officers from Backward Class Department
immediately inspected the hostel. There were only 40 students in the hostel
having 3 rooms with a kitchen and a store room. The authorities bve taken
immediate steps to suppiy water regularly through tankers. Steps are alsu taken
to provide bathroom and toilet facilities. The Officers from the Backward
Class Dept. interacted with the inmates of the hostels and promised to solve
their problems. Final compliance report is awaited.

7, HRC No. 125/SM-7!08:

It is a suo-motu case taken up by the Commission based on the reported

news in The Hindu dated 13.1.08 under the caption "Rape victim left iL.
lurch." It is highlighted in the write-up that a 13 year old girl was sexually
abused by a police-constable at Honnasettihalli in Arsikere Taluk on
03.01.2008,

The Commission having taken serious note of the write-up directed the
DC, Hassan District to submit an enquiry report. The Commission upon going
through the report submitted by the DC. Hassan and taking into account the

i8
 Fourth Annual Report 2010-11

circumstances under which a minor girl was subjected to sexual harassment

directed the Chief Secretary to the Government of Kamataka to grant
compensation of Rs.2.O0 iakhs to the victim-girl. Further, the police have
registered a crime against Shashidhara — the police constable of Arasikere
Police Station. He was subsequently arrested and produced before court and
remanded to judicial custody. He has been kept under suspension by the
depai tiiient, It is not clear whether compensation has been paid to the victim
girl.

Although the orders have been passed on 30,06.2008, final report from
e Govrnmen j tjij TATajted

8. r'o. 4/f ';' HRC Nos. 677 & 830/07:

it is a case very much highlighted by the media and the press regarding
the brutality meted out to one Shivananjaiah, a mentally retarded person of
Tir Village, Channarayapattana Taluk. Shivananjaiah was almost beaten to
death by the general public on 11.12.07 suspecting that he intended to commit
theft,

The Commission having taken note directed an inquiry by the SP,

Hassan District, Hassan. The report submitted by the SP, Hassan revealed that
Shivananjaiah approached Smt. indiramma and requested her for drinking
water. Smt. Indiramma by mistaking him to be a thief cried in a loud voice for
help. The public who assembled there rushed to the spot and without
ascertaining the reality they have beaten Shivananjaiah black and blue who
succumbed to the injuries. The local police registered a case in Crime
No.335/07 U/S 3C2 IPC and arrested 12 persons who are stated to be in judicial
custody (JO

The Commission observed that the deceased Shivananjaiah had a family

were depending upon him. Therefore, the Commission recommended to
the Government of Karnataka (Home Dept) to award a compensation of
Rs. 1.00 Lakh to the dependents of the deceased. The final report is still
awaited.

9. HRC NO.1393/SM-102/08 TO 1404/SM-113/08 AND NO.1384/08 AND

1405/08:

The Commission has taken up a Suo-Motu. case regarding arrack tragedy

that occurred in the early part of the year under report. It was widely reported
in press media on 19t1 and 20th of May, 2008. As per press reports, large
number of casualties occurred on acount of consumption of hooch in D.J.
Halli in Bangalore and certain other pockets in the towns of Hoskote, Anekal,
Hosur, Kolar, Malur, etc. On the basis of these reports appearing in the press
Karnataka State Human Rights Commission

and electronic media, the Commission registered a case and thereafter received
the petitions and all other petitions that have been received have been
registered as cases and clubbed with the main case.

The Full Bench of the Commission visited the hospital on 20.05.2008

where the victims of hooch tragedy were being treated. As per the statement of
the victims and their relatives who were there, the manufacture and supply of
arrack, illicit arrack was available all the time despite the
ban imposed by the State Government on manufacture and supply. The
Commission observed that the facilities available in the hospital were totally
inadequate and outmoded to treat patients. The Commission enquired about the
facilities available in the hospital and was shocked to hear from the medical
officers that even JCU facility was not available in Bowring and Lady Curzon
hospital. The Commission directed the Principal Secretary, Health Department
orally to provide the facility of ICU in the private hospitals at the cost of the
State. The Government responded favourably and treatment was given in the
private hospitals at the cost of the Government. The Commission directed the
State Government to provide ICU facility in Bowring and Lady Curzon
hospital as well as all the major government hospitals in Bangalore. The
Victoria Hospital which is the prime hospital in the city had only 5 units. The
Commission had recommended a compensation of Rs.2.00 lakhs be paid to the
dependants of each of those who died after consuming the illicit spurious
arrack. The Government sanctioned Rs.50,000/-. The Commission had also
recommended a separate scheme of rehabilitation. It is gratifying to note that
the Government had taken action to provide sufficient ICU units in all the
major hospitals of Bangalore.

All reports have been received. The Commission took note of the reports
furnished by two judicial Commissions 1) Mr. Justice Desa r'ommission and
2) Mr. Justice Sadashiva. Commission after considering all the asçects of the
matter of Hooch tragedies has passed final orders. It may kindly be noted that
Hooch tragedy is still happening in one place or the other even afte: the
Government authorities have reported all preventive steps have been taken.

The Full Bench of the Commission after examining all the reports, has
passed final orders on 09.08.2010 and has made several recommendations to
the Government. The Recommendations are as follows:

1) The Commission recommends to the State Government that sale of liquor

and its controls and rules should be administered by one Department. Since
Excise Deputy Commissioner has beeii appointet in all the districts, he
should be provided with armed police force and regular police guards to
effectively implement the Excise Act and also Karnataka Poisons Rules. The
Commission recommended to set up a High Power Committee headed by
the Additional Chief Secretary consisting of Excise Commissioner, Director
General of Police, Princial Secretary, Home Department and Principal

20
 Fourth Annual Report 2010-11

Secretary, Finance and Excise Department with Excise Commissioner as

Convener. This High Power Committee should meet atleast once in two
months to examine the steps taken for prevention of production of supply of
illicit liquor.

2&3) Methanol, it is reported plays an important in the preparation of illicit

liquor, since it is in the list of poison according to the Karnataka Poisons
Rules, the authority which is given the power to issue license should
have the power to control its supply and sale and in case the conditions
that are prescribed in the license are violated there should be a provision
to file a criminal case with punishment of imprisonment and fme. As
stated earlier full powers to the control supply and issuing of license for
Methanol should be given to the Excise Commissioner and he should be
given adequate police personnel including armed guards to work under
him to control the sale of Methanol.

4) It is no doubt true that tragedy by illicit liquor consumption has

happening in the last few decades and this tragedy is not confmed to
Karnataka alone. But the Commission noted with concern that necessary
and adequate health services are not available when such tragedies
occurred. It was noted that many of the hospitals including the
prestigious and well known hospitals have equipment but do not have
necessary specialists to man them. Bangalore Mirror has in its report
dated 04.08.2010 has brought to every one notice that the Victoria
Hospital Incentive Care Unit does not have the specialist to man it. The
Commission observed in its visit on 20.05.2008 itself that there are no
Incentive Care Units in Bowring and Lady Curzon Hospitals and now
even when the units are available in hospitals like Victoria Hospital do
not have adequate specialist to man them. Same is the position even in
the district hospitals. The Commission in number of cases are asked the
Health and Family Welfare Department Secretary for a report about the
staff available in the District Hospitals. The Commission in their order
has suggested to the Secretary, Medical Education Department as well
as Secretary, Health and Family Welfare Department to examine these
issues seriously and see that necessary facilities are made available.

5) The Commission has noted that the civic amenities provided in a place
like Devarajeevanahalli are totally inadequate. When the Commission
visited the place was not fit for human habitation. The Bruhat
Bangalore Mahanagara Palike as well as all the local authorities in
different places should provide basic civic amenities like drinking water,
drainage in all places. It has been observed that facilities are totally
lacking or inadequate in places where marginal people are live.

6) The Commission also noted that the Karnataka State Temperance Board
PH -040 -E 4

has been created by the State. The functions of the Temperance Board

21
Karnataka State Human Rights Commission

have also been mentioned in the Rules that are framed. The Temperance
Board has to take up steps to see that chapter should be provided in the
syllabus of schools and colleges and also awareness programme to see
that drugs and local consumption should be reduced by educating the
people about the body affects of these. The Karnataka State Temperance
Board should be given adequate staff and funds to achieve these
adjectives.

7&8) The State Information and Publications Department, local bodies like
Corporations, City Municipal Councils, Town Municipal Councils,
Town Panchayats, Zilla Panchayats, Taluk Panchayats and Village
Panchayats should take up elaborate measures to educate the people and
take steps to implement effectively of the plans.

The Commission therefore made eight recommendations to the State

authorities through the Chief Secretary to the Government and expects the
Chief Secretary to furnish a report as per Section 18(e) of the Protection of
Human Rights Act 1993 within a period of one month. Although this order has
been passed on 09.08.2010, Government have not responded with compliance
report.

10. HRC No.2516/08 c/w. HRC Nos.2523/08 to 2540/08:

Jnana Peetha award winner Dr. U.R. Ananta Murthy, Sri Nagathihalli
Chandrashekar, Sri. P. Sheshadri, Sri. Krishnamurthy Biligere,
Sri B. Maribasavaiah, Prof. S.G. Siddaramaiah, G. Shivananjaiah,
Sri H.S. Patil, Sri J.R. Lingaraju, Sri B.S. Lingadevaru, Sri Lingadevaru
Halemane, Sri Veerappa Maralavadi met the Chairperson and Members of the
Commission on 05.08.2008 and submitted a detailed complaint regarding
illegal mining in Chikkanayakanahalli Taluk and police atrocities on innocent
farmers, thereby violating Human Rights and sought relief to the sufferers.
They requested the Commission to urgently intervene and take immediate
measures. The Full Bench of the Commission by its order on the same day
fixed the spot inspection by Hon'ble Members Sri R.H. Raddi and Sri. B.
Parthasarathy. The Members of the Commission as per the orders of the Full
Bench visited Chikkanayakanahalli Taluk and the villages which are affected
on 07.08.2008. All the district officers led by the Deputy Commissioner and
the District Superintendent of Police were present on the occasion. After
visiting the villages, the Commission called for the report from the officers of
the various departments of the Government including the Chief Secretary and
heard them on 14.10.2008. The Secretary of the Commerce and Industries
Department submitted a detailed report and the same had been forwarded to the
complainants calling for their comments.

The Commission after receipt of the comments and going through the
response of the various departments of the Government including a detailed

22
 Fourth Annual Report 2010-11

report by Secretary, Commerce and Industries Department as well as the

Deputy Commissioner, Tumkur District passed the considered order on
28.07.2009. The Commission in its order, directed the Government that the
following steps to be taken up for protection of Human Rights if the mining
activities has to be considered in Chikkanayakanahalli Taluk. These
recommendations have been made after the field visit of two Members of the
Commission and also after getting detailed reports from various Departments.
The following recommendations have been made for implementation.

i) No permission should be given for carrying on mining activity

in any of the forest land.

ii) The orders of the Deputy Commissioner prohibiting mining in

200 mrs. around Shree Abbige Malleshwara Temple should
not be withdrawn.

iii) Afforestation should be taken on an extensive scale and in

order to take afforestation, a nursery should be established and
fencing has to be put up all around the forest land.

iv) The suggestions made by the Principal Chief Conservator of

Forest should be implemented in a time bound manner. By
this implementation the health of the people and the
agricultural land could be safe from very effects of dust.

v) The suggestion of the Health Department officers has been

accepted by the Commission and forwarded for
implementation to the Government. It was noted there that the
Health Depai hiient officers themselves have proposed for
setting up of ESI Hospital. The Commission noted that since
establishment of ESI hospital may take sometime a Mobile
Health Unit and a fully well equipped primary health center
should be established in one of the central places of the
mining area. It was also suggested that the decisions taken at
the meeting presided by the district incharge Minister should
be implemented along with the instructions given by the
Members of the Commission when they visited the area.

vi) It was also recommended that necessary grants as requested

by the Secretary, Education Department are to be provided for
protecting the environment around schools. It was also
recommended that the Secretary, Commerce and Industries
Department should examine that all the documents are
necessary for mining licenses have been provided by those
who are already got permits to carry on the mining activities.

23
Karnataka State Human Rights Commission

The suggestions made by the Environment Secretary should

also be implemented in a time bound manner.

vii) The Agriculture Secretary had mentioned the effects of

mining of agricultural land. In case if it takes time, the crop
loss that the farmers have incurred should be scientifically
examined and compensation given. Accordingly, the
Agriculture Secretary has pointed out that a loss of Rs.4,800
per Acre is incurred on every Acre of land because of the
mining activity. The Government has to provide for sufficient
funds in the budget allocation to the agricultural department.

viii) But most important recommendation that the Commission has

made in the interest of the right of the people for environment,
agriculturist and also for mining well is to set up an Expert
Committee to study all aspects scientifically and prepare
special package so that the rights are protected.

Although these orders have been passed on 28.07.2009, the Commerce

and Industries Department has not submitted the compliance report to the
Commission.

It is noted although the Commission has made a thorough study of some

of the basic problems of the people and made some specific recommendations,
the Government authorities have not responded in many cases. Whether in the
case of shifting of villages and providing shelter to those affected by flood or
regarding precautionary and preventive steps to be taken at the time of mining
activities or the suffering of the individuals losing eye-sight, etc. it is noted that
the Government authorities have not responded. By not providing shelter to the
people who are affected by flood on time, the Government in the Revenue
Department has violated the Human Rights i.e. right to shelter. The cases
which were reported in the First Annual Report and where final orders have
been passed like HRC No.405/SM-12/07, No.302/07 and No.635/SM-26/07
which were reported in the First Annual Report of the Commission, the various
departments of the Government have not complied with and also for the year
2008-09 HRC No.129/08, 303/08, No.433/SM-23/08, No.471/08, No.540/SM-
19/07, 538/08, No.125/SM-7/08, No.641/07 c/w. HRC Nos.677 & 830/07 have
not been complied with.

As per Section 18(e) concerned Government authority shall within a period of

one month, or such further time as the Commission may allow, forward its comments
on the report, including the action taken or proposed to be taken thereon, to the
Commission. Unfortunately even after lapse of several months, the various
departments of the Government in the cases that are mentioned aboVe have not
forwarded their comments on the report, on the action taken or proposed to be taken.

24
 Fourth Annual Report 2010-11

The Commission has pointed out that as per Section 18(e) the concerned
Government authority has to submit its comments including the action taken or
proposed to be taken by the concerned Government authorities to the Commission
within a period of one month. But unfortunately, the Government on even important
issues has not responded with its views or action taken report. Although the provisions
of the Act are mandatory, the Act is silent as to the action to be taken if the authorities
do not comply with the provisions of the Act. Therefore, this Commission has
proposed an amendment to the existing Section 18 that in case authorities do not
comply with the provisions of 18(e) then the recommendations made by the
Commission in its order should be made obligatory on the part of the State authorities
to implement the same. In several acts time limit is prescribed and in case the
authorities do not comply within the time limit those orders should be deemed to have
come into force. Similar provision has to be made in the Protection of Human Rights
Act 1993 and we have moved for an amendment which is under consideration of
National Human Rights Commission. The State Government is requested to add its
weight to the above amendment to make the Protection of Human Rights Act more
effective.

THE STATUS OF THE CASES REPORTED IN THE ANNUAL REPORT

2009-10

1. HRC No.100/2007:

Sri Prakash Baid had submitted a complaint on 20.09.2007 alleging

illegal detention of his wife Smt. Santosh Devi Baid and his daughter Kum.
Mamatha baid by Sri. Jayaramaiah, Inspector of Police of Nandini
Layout Police Station, Bangalore city from 13.09.2007. The complainant
further alleged that his wife and daughter have been harassed and
Sri H.T. Jayaramaiah, Inspector of Police had demanded an amount of
Rs.50,000/- as bribe to produce them before the Court or to release them from
illegal detention. The Full Bench consisting of the Chairperson and Members
of the Commission after perusing the complaint on the same day visited the
Nandini Layout Police Station and Sri H.T. Jayaramaiah, Inspector of Police
along with other police personnel were present. When the Commission
enquired about the detention of women, Sri H.T. Jayaramaiah stated that no
woman has been detained in the police station. The Chairperson and Members
of the Commission searched the entire police station and found Smt. Santosh
Devi Baid in the toilet and Kum. Mamatha Baid in the bathroom. On enquiry,

25
Karnataka State Human Rights Commission

both of them revealed that they have been kept in the police station since
13.09.2007.

The Commission verified the records and found out that both
Smt. Santosh Devi Baid and Kum. Mamatha Baid were illegally detained in the
Nandini Layout police station by Sri H.T. Jayaramaiah and therefore found
Sri H.T. Jayaramaiah and his staff guilty of violating the human rights and
fundamental rights of women for the reasons mentioned in the order. After
inspecting the police station, the report of the Additional Chief Secretary and
Principal Secretary to Government, Home Department on 19.11.2007 was
based on the enquiry got done by the Director General and Inspector General of
Police and also in the report of enquiry got conducted by Sri K.S.N. Chikerur,
Inspector General of Police, Forest Cell, Bangalore was received. After
perusing the reports and statements, the Full Bench of the Commission had
passed orders on 22.07.2009 with the following recommendation.

i) The Government of Karnataka in Home Depafiment shall

pay Rs.25,000/- to each of Smt. Santosh Devi Baid and
Kum. Mamatha Baid as compensation. The amount so paid be
recovered from Sri. H.T. Jayaramaiah, the then Inspector of
Police of Nandini Layout Police Station.

ii) The Director General and Inspector General of Police shall

initiate departmental disciplinary proceedings under Rule 6 of the
Karnataka State Police (Disciplinary Proceedings) Rules, 1965
against Sri H.T. Jayaramaiah, the then Inspector of Police of
Nandini Layout Police Station for his act of illegal detention and
shall take suitable action in accordance with law.

Action taken report received from the authorities directing recovery of

Rs.50,000/- from Sri. H.T. Jayaramaiah, the then Police Inspector of Nandini
Layout Police Station is not yet received. The said inspector preferred writ
petition before the Hon'ble High Court and his writ petition was dismissed.
The said police inspector has been dismissed from service on another charge
when notices were issued to the detainees. The notices returned with
endorsement 'Left' and where about not known. Since the police inspector has
been dismissed from service and the detainees have not responded, the matter
is to be treated as closed.

HRC No.6/2007:

South India Cell for Human Rights Education and Monitoring, a NGO
has filed the complaint on behalf one Sri. Amjad alleging police atrocities by
:he Police Inspector, Hanumanthanagara and his staff on 17.07.2007. It is
lirther alleged in the complaint that the police officers of Hanumanthanagara
o1ice station have beaten Amjad with hands and lathi and took away from him

26
 Fourth Annual Report 2010-11

mobile phone, cash of Rs. 1,800/- from him along with the scooter and have
registered a false case under section 41(2) nw. section 109 of Cr.P.C. and
thereby violated his human rights. The matter was referred to the Inspector
General of Police of the Commission and after enquiry the investigating
division had submitted its final report on 01.02.2008. The Police Inspector
Sri Dharanesh and Police Constable Sri. Malavaiah were responsible for the
human rights violation as per the enquiry report. Therefore, the Commission
had given an opportunity to the police officers to submit their statements as per
Section 16 of the Protection of Human Rights Act. The Police Inspector
Sri Dharanesh submitted his written statement on 28.05.2009 and
Sri Malavaiah, Police Constable on 29.05.2009. The enquiry report reveals that
the Police Inspector and his staff have recorded a false report and registered a
false case. The investigation division of the Commission had recommended for
referring the case to COD for detailed investigation into the matter.

The Full Bench of the Commission in its final orders passed on

28.07.2009 has recommended compensation of Rs.10,000/- to Sri Amjad and
further recommended that same money may be collected from Sri Dharanesh,
Police Inspector and Sri. Malavaiah, Police Constable. The Commission further
recommended to the Police Commissioner, Bangalore City that Sri Dharanesh
and Sri. Malavaiah should follow the direction contained in the orders of the
Hon'ble Supreme Court in D.K. Basu V/s. State of West Bengal and also the
circular instructions of the National Human Rights Commission 'and the
instructions of the State Director General and Inspector General of Police,
Kamataka State strictly.

Although the orders have been passed on 28.07.2009 the Principal

Secretary, Home Department has not submitted the compliance report so far.

3. HRC No.16/2007:

The Complainant Sri Swamy of Malavalli Taluk, Mandya District had

filed a complaint before the Karnataka State Legal Services Authority which
was referred to this Commission. In the complaint it was alleged that his
brother Sri Premkumar was apprehended by the police on 10.03.2007 at 5.00
p.m. near Samrat Hotel at Malavalli in Mandya District and taken to Nanjangud
Town Police Station whereat he was tortured by beating, causing injuries and
further that he was illegally detained in the said police station. The
Complainant has alleged that the Circle Inspector of Police, Sub-Inspector of
Police and other police personnel of Nanjangud Town police Station had
beaten his brother Sri. Premkumar and caused injuries to his both legs, which
made him unable to walk and on 21.03.2007 the said Sri. Premkumar was
released without there being any case registered against him. Sri. Premkumar
was taken to Government Hospital at Malavalli on 2 1.03.2007 and he was
shifted to Government Hospital at Mandya for treatment and later he was taken
to Victoria Hospital at Bangalore for treatment. The complainant further

27
Kamataka State Human Rights Commission

alleged that Sri Prabhakar Rao Shinde, Circle Inspector of Police, Sri S.N.
Raghupathi, Sub-Inspector of Police and Sri. Nanjundaiah, Assistant Sub-
Inspector of Police and other police Constables had subjected Sri. Premkumar
to atrocity causing him grave injuries to his legs. Sri. Premkumar suffered
fracture of bones of his both feet.

The matter was referred to the Inspector General of Police of the

Commission for enquiry and report and the final report was submitted on
23.05.2008. After receiving the comments of the Complainant, the report was
examined and the Commission, prima fade, found that Sri Prabhakar Rao
Shinde, Circle Inspector of Police, Sri S.N. Raghupathi, Sub-Inspector of
Police, Sri D.P. Sureshan, Head Constable, Sri Mahesh, Sri M.P. Prasanna
Kumar and Sri Krishna Shetty, Police Constables, had subjected Sri
Premkumar to torture and illegal detention, copies of the reports were sent to
the said police personnel for their statements on the said report in accordance
with the provisions of the Protection of Human Rights Act. The police
personnel in their written submissions, stated that they did not subject Sri
Premkumar to any torture as alleged and they had not caused any such injuries
as found on the body, etc. but the records of the investigation team would show
that Sri. Premkuar was subjected to torture by the police on 10.03.2007 when
he was apprehended and detained in the Nanjangud Town Police and that he
was illegally detained in the police station. It was noted by the Commission
that the Inspector General of Police, Southern Range, Mysore after getting the
matter enquired into about the torture on Sri. Premkumar and illegal detention
in the Nanjangud Town Police Station, through his order dated 11.05.2007 had
taken action to initiate depaitinental disciplinary proceedings under Rule 6 of
the Karnataka State Police (Disciplinary Proceedings) Rules, 1965 as against
Sri. S.N. Raghupathi, Sub-Inspector of Police and under Rule 7 of the said
Rules, departmental enquiry against Sri. Prabhakar Rao Shinde, Circle
Inspector of Police, was held and punishment of withholding his one annual
increment is imposed. So far as the other police personnel viz., Sri. Sureshan,
Head constable and other Police Constables are concerned, departmental
disciplinary proceedings were initiated and punishment of withholding their
annual increments has been imposed in respect of enquiry under Rule 7 of the
said Rules. In view of the fact that grievous injuries were caused to Sri.
Premkumar by the police personnel of Nanjangud Town Police Station, the
Commission recommended to the Government of Karnataka Home Department
to pay a sum of Rs.50,000/- as compensation to Sri. Premkumar which amount
could be recovered from the police personnel responsible for causing injuries to
Sri. Premkumar.

Although the orders have been passed on 07.08.2009 the Additional

Chief Secretary/Principal Secretary, Home Department has not submitted the
compliance report so far.

28
 Fourth Annual Report 20 10-1 1

4. IIRC No.2073/OS ciw. HRC Nos.2084/SM-393/08, 1825/08, 1353/SM-88/08,

1367/SM-93/08, 1368/SM-94/08, 1383/08 & 179 1/SM-328/08:

The People's Union for Civil Liberties-Karnataka PUCLK, 46,

Wellington Street, Richmond Town, Bangalore-560 025 in their complaint
have referred to a fatal accident that took place at the construction site of
MIs. Sobha Magnolia comprised in Sy. No.53/2, Bannerghatta Road, Opposite
to Jala Bhavan, Bangalore, due to the collapse of the passenger-cum-material
lift which was carrying the construction workers to various floors. Due to this
accident two workmen died and 7 other workmen received injuries. This
happened on 10.05.2008 and on 26.06.2008 at about 9.30 a.m. one workman
Babluraya by name, who was working as a mason, aged 26 years, who was
working at the construction of buildings under the name Sobha
Chryshanthenum in the site comprised in Sy. Nos.98/l, 98/2, 99/1 and 99/3 of
Thanisandra village, K.R. Puram Hobli and owned by MIs.Sobha Developers
Ltd., fell down from the stair while working and died. On 26.06.2008, at about
9.10 a.m. a construction worker Paramananda Das by name, aged about 33
years, at the site of the construction of residential Apartments at Narayanapura
village, K.R. Puram Hobli, owned by M/s.Golden Gate Properties Ltd.
accidently fell down from the stairs and died.

The representatives of various organizations in Bangalore, including the

People's Union for Civil Liberties, Karnataka Domestic Workers Union, Slum
Jagatthu, Janapara Vedike, Samanatha Mahila Vedike, Stree Jagruthi, Human
Rights Law Network and Alternative Law Forum have jointly and separately
filed petition before the Commission stating that the accidents/mishaps took
place on account of not providing proper safety measures to building workers
and violation of mandatory safety prescriptions laid down by the law. The
Commission suo-motu also registered cases on the basis of the media reports
CofllflMssbofl decided to club all these cases
th mishaps'acc ents. The
about
commOn order.
and dispose them by a
on called for reports from the principal SecretarY to the
The COmmiSSitaka Urban Development Deparmt, the Labour
Karnataka, The Comm1ssbors of aflga10re reports
Govement. Karna mment of baflagara P alike. The
COS0 Gove and Brubat Banga10reidentical These reports disclose that
Deve10pmt Authont were almost ed licefl from ngal0re Deve10Pmt
of these auth0flt1 have obtain ial Apattmt5 in Sy. •98/l, 98/2, 99/1
pevel0P ãsc1ose that
1AIs.S0 ction of residtR. puram the angalo
üot1Y for COflSt
3IS na
jllage, aken 1dmg Apartmets in
and 99/3 of ve10 have alSO 5ction Of 18/2(P) residt1al
De of K.
MJs.Soa nt for erS and
Uth0n1 ii1(P) and S.Sob O and
DeveloP 13/lP), j• ccor these rep0Tt
aing to appl1 to The 13131P issued
K.R. puram flobiproperties val of the Uldmg plans.
J.GO1den Gate1 for appro
08.02.2008 reSpe

29
Kamataka State Human Rights Commission

endorsements to the Developers informing them that they should obtain katha
from the BEMP n order 10 get ie building license, but the developers have not
applied for katha.

It was urher reøorted that a sum of Rs. I ,00,000/- has been paid to the
dependants of eaeL of the dec'ased. Under the Workmen's Compensation Act,
a sum of Rsi,.T3:73tY wa awarded and paid to the dependants of the deceased
Devamma as crupcisacn. Similarly, a sum of Rs.4,23,580/- was awarded to
the dependami of the cc: sd Devenclra. Each of the seven injured workmen
was also awardd a sum of .Rs. 2:,U0O/.. All these sums of money were paid to
the concerned. According o the Developers, they have also borne the entire
medical expenses of alt the SC\L mjured workmen. It is also stated that when
they were undergoing ttcatment, they were paid wages also.

The Labour Comrnissjonet• ha noted down the security lapses

committed by Mis.Sobha Devehr)ers Ud. Accoiding to him, the Developers
have violated Regulations 136, 137, 228, 230 and 240 of Building and other
Construction Workers (Regulation of Employment and Conditions of Service)
Act, 1996 and the Rules framed there under. On 01.07.2008 the Labour Officer
issued show cause notices to the Managing Director and the Contractor of the
Company and they have submitted their replies. The report of the Labour
Commissioner further discloses that the Company had to deposit a sum of
Rs.4,30,5601' being the compensation payable to the dependants of the
deceased workma under the provisions of the Workmen's Compensatjon Act.
2The said sum has been deposited before the Labour Commissioner On
6.07.2008. The developers have also paid Rs.25,000/ to the dependants of the
deceased workme to pefform the last rites of the deceased workman

According to the Labour

Ltd. have violated Regu1atj0 136,
Comissjoner MIS
Golden Gate
Propeflj
Rules framed thereder The Labour137, 228, 230 andhas
Commissioner 240 of the Act and the
flOtjces to the Managing Director and the contrator
of them have Submjed their replies. issued shr cause
In as m of the co
Director and the a and both
contractor of the company ch as the replies of the Managjg
Depaent filed were
cmjnaJ
case in CC No.67g/0 ot Satisfacto the
rther discloses
Rs3,327391 that
is aw Under the Worneiis Coinpeih [bo'
st them
worlcnan Paranianan'D compensati to ep0rt
o 02.07.200 the depefl(J
said anot to de and the Lab Said auotmt wa dep of rhe
also paid a Sum the o
ii
êCC&sed
OfRso tS ed: d ias taken 5 :itedt
ThPS disburse the
Apa develop5
Deveiop froj1 th e last rites oft have
Depai. e PFinCiijal he deceased.
'fl1 tka and the Labt and the Secretaries
Labo. Dep to the Go
ate Propei Coniis M/S erit to the e , Urban
ICs
Ltd have also
filed t Sobha DevelOpersGovej.
Ltd Ad
of
heir detailed statement The
30
 Fourth Annual Report 2010-11

Commission perused the entire materials placed before the Commission. The
Commission did not think it necessary to record any findings about the alleged
irregularities or illegalities committed by the developers. Suffice it to state that
the statutory authorities and the police have already set in motion the
proceedings against the developers for the alleged violations of law. The law
will take its own course. At this juncture, the Commission was satisfied that the
compensation payable to the dependants of the workmen who died as well as
the injured workmen under the Workmen's Compensation Act has been paid to
them. Even the cost of the medical treatment and the last rites to be performed
in the case of deceased workmen has been borne by the developers.

Although the People's Union for Civil Liberties and other NGOs have
requested the Commission to ensure the safety and welfare norms prescribed
for construction workers scrupulously followed in all construction works by
issuing appropriate directions, there is no need for us to reiterate .the obvious.
The Commission has noted that elaborate health and safety measures are laid
down in the Act and the Rules and Regulations framed thereunder. The
Commission in its order has impressed upon the law enforcing authorities like
the officers of the Labour Depai tijient to scrupulously enforce the statutory
prescriptions and measures which are intended to protect and promote health
and safety of the building workers. It is quite often said and reiterated by the
Labour Department that they lack required staff to effectively monitor and
oversee construction activities regularly and to take corrective measures when
the builders violate statutory provisions. The Government should realize that
the victims of these tragedies belong to marginalized segments of the society
and, therefore, it is high time that the Government should wake up and provide
the staff required by the Labour Department to monitor and oversee
construction works carried on by hundreds of building companies in Bangalore
and other big cities in the state. The Commission further directed that further
construction of the building proposed by the developers involved in these
proceedings is subject to their fulfilling all requirements, statutorily fixed or
otherwise and further subject to them complying with all statutory prescriptions
with regard to health and safety of building workers as well as conditions of
licenses.

As per action taken report received in the Commission, sufficient

compensation were paid to the dependants of the deceased persons with all
welfare measures. Final compliance report is not yet received.

5. HRC No.7649/09 & all other related cases:

The Karnataka State Human Rights Commission had received

complaints regarding the Lathi Charge on the farmers at Chamarajanagar
District and also took note of the press reports that had appeared on the incident
and referred the case to the Division Bench consisting of Sri. R.H. Raddi and
Sri. B. Parthasarathy, Members of the Commission. The Members of the

31
Karnataka State Human Rights Commission

Commission who formed the Division Bench visited Chamarajanagar District

and enquired with the farmers, members of the public, officers of the District
including the Deputy Commissioner and Superintendent of Police and passed
an interim order on 08.02.2010 summoning the then District Superintendent of
Police Sri. B.A. Pawar, Dy.S.P. Sri. Basavaraju and Sub-Inspectors Sri.
Srinivas Reddy & Sri. Pratap Reddy to appear before the Commission on
25.02.20 10. The said police officers appeared before the Commission on
25.02.2010 and after recording their statements, the Commission consisting of
Members Sri. R.H. Raddi and Sri. B. Parthasarathy passed the following order
in HRC No.7649/09 & all other related cases on 12.03.20 10.

The gist of the order is as follows:

The Commission took note of the directions issued in the

interim order and made the following specific recommendations to
the Government for its implementation.

1) The Government should take a policy decision regarding

discrimination in supply of power to the Rural and Urban areas.

2) The main occupation of the State is Agriculture and large

number of people are following agriculture and therefore the
Commission has recommended for establishment of a
permanent Agriculture Commission consisting of experts in the
field. To this Commission reference is to be made regarding
fixing prices for agricultural products giving crop insurance to
the agriculturists and wages to agricultural labourers and
referring to all other items that come under agriculture. It was
also recommended to accord statutory po'r to the
Commission for its effective performance.

3) One of the main Coconut products is Neera. The Government

should take decision to permit the farmers to produce and sell
Neera necessary license has to be given for the same.

4) A decision has to be taken regarding providing irrigation

facilities to the dry land areas of Chamarajanagar District from
Kabini reservoir which is one of the main reservoir in Kaveri
basin within the ambit of Kaveri Tribunal award. As tanks
have been supplied with water from Hemavati reservoir action
may be taken to supply water to the tanks in Chamarajanagar
District and other dry land areas from Kabini reservoir.
Government in this budget has already declared that drinking
water will be supplied to many villages in Chamarajanagar
District. Since this is for drinking water it is to be implemented
on priority.

32
 Fourth Annual Report 2010-11

5) Chamarajanagar being a border District several infrastructure

services like Road, Transport, Education, Health, Playgrounds
and Drainage facilities have to be provided.

6) Crop Insurance Policy has to be re-examined and whether it

could be introduced to all crops taking village as a unit has to
be examined and action taken accordingly. How crop insurance
has to be implemented may be referred to the Agriculture
Commission if established.

7) The use of B.T. seeds has already been suspended in India

whether it can be completely banned has to be consulted and a
decision taken in the matter.

8) Fertilizer distribution has to be done properly.

9) The Deputy Commissioner's report mentioned that there is no

illegal mining in the District. However, a survey has to be
conducted in case illegal mining is there action has to be taken
as per the Mining policy adopted by the Government.

10) Yashaswini Project has to be extended to landless labourers.

11) While appointing Deputy Commissioners and Superintendents

of Police care should be taken to see their performance in
maintenance of law and order and General Administration as
Assistant Commissioners and Deputy Superintendents of
Police. At least persons who have completed 8-10 years of
service only have to be appointed as Deputy Commissioners
and Superintendents of Police. A Committee headed by the
Chief Secretary consisting of senior officers of the Government
should be formed to make recommendation regarding the
appointment of Deputy Commissioners. Similarly a Committee
headed by Additional Chief Secretary and consisting of DG &
IGP of Kamataka & DGP of C.O.D. should examine and
recommend persons for appointment as Superintendents of
Police.

12) A short-term, training course in law & order and other aspects
should be organized in the Administrative Training Institute,
Mysore for those appointed as Deputy Commissioners.

13) The Police Academy, Mysore has got provision for training
probationary officers. Similarly from time to time training is to
be provided regarding law & order matters for officers who are
actually working in the field particularly training regarding

33
Karnataka State Human Rights Commission

action to be taken when people are arrested as per the orders of

the Supreme Court.

14) The Cammission has come to the conclusion that there was no
need for lathi charge on the farmers at Chamarajanagar District
and therefore as per the Wound Certificate they are to be
provided compensation. A iidicated i the. order, ftr those
with minor injuries a compensation of Rs.5000/- and those
with serious injuries a compensation of Rs.1 0,000I per person
is recommended to be paid.

It is an important order consisting of several recommendations

including the setting up a permanent Agriculture Commission having
been issued on 12.03.2010 and action taken on these 14 important
recommendations have been called from the Chief Secretary to
Government. The comments of the Government as required under
Section 18(e) of the Protection of Human Rights Act have not been
received so far. The State Government may consider these
recommendations and take its decision at an early date.

6. HRC No.4455/SM-1144/09:

The Division Bench-IT of the Commission had taken cognizance of the

report published in daily Indian Express newspaper dated 10.08.2009 under the
caption "So much to do in so little time — HOSPITALS STOP FOLLOW-UP
TESTS" and also other daily newspapers, the Commission noted with concern
that Hi Ni cases in the city of Bangalore and across the State tire being
increased day by day and as per the newspapers there are no precautionary
preventive measures and also lack of proper treatments for the affected people.
The Commission therefore registered the case as suo-motu on the basis of
newspapers reports and directed the Principal Secretary to Health and Family
Welfare Department to appear before the Commission with reports. The
Principal Secretary to Health and Family Welfare Department appeared before
the Commission on 24.08.2009 and gave a detail statement regarding the
preventive steps as well as the steps taken for proper treatment of the affected
people. The Director of Health and Family Welfare Department also gave a
detailed report regarding the steps taken by the authorities.

It was noted by the Commission about the availability of the laboratories

and also the statement of Hon'ble Chief Minister to set up one more laboratory
in the NIMHANS. The Commission is of the view that at least one laboratory
each with all equipments should be set up in North Karnataka i.e. the erstwhile
Mumbai-Karnataka Area and another in Gulbarga i.e. erstwhile Hyderabad-
Karnataka Area. The Commission noted with concern the growing number of
people being affected by various diseases like Chicken gunya, Swine Flu,
Dengi Fever in addition to the existing diseases in the Community. The

34
 Fourth Annual Report 2010-11

Chairperson and Members of the Commission have visited various hospitals in

the State including some surprise visits. While generally the District Hospitals
are functioning within their limits, there are many vacancies of Doctors and
other staff in these Hospitals. Even the existing staffing pattern has to be
examined in the light of large number of people visiting these Hospitals every
day. Right to Health being one of the important Human Rights, the
Commission recommends that the Government in Health and Family Welfare
Department to constitute a team of experts to go into the details regarding the
facilities available in various Hospitals both in Bangalore and across the State.
This Committee should give immediate attention for short-term measures and
long-term measures to combat the diseases like Swine-flu, Chicken Gunya and
all such other dcases which is bothering the people particularly those with
iesc: income.

It was also noted that the State Government has passed necessary orders
to meet the treatment expenses of the poor people in the Private Hospitals but it
is being complained that it has not been implemented properly. The
Commission had directed the Principal Secretary to Health and Family Welfare
Department to give comprehensive report to the Commission within a period of
one month of the action taken on various issues that are mentioned in this
order.

Although such an important recommendation was made to the

Government Health Department regarding protecting the right to health it is
unfortunate that the authorities have not reported the action taken in the matter.

7. HRC No.4040/SM-809/08 to 4052/SM-821/08 c/w. 4075/SM-829/08,

4076/SM-830/08, 4117/SM-852/08, 4182/SM-865/09, 4139/08 & 358/09:

These cases have been registered suo-motu by the Commission on the

basis of press reports. It was widely reported in the media that two contract
labourers, namely, Ambarish, aged 40 years and Sri. Narasimha Murthy, aged
-43 years, residents of Laggare and an autorickshaw driver Sreenivas @ Seena
by name, aged 35 years, resident of Veerasagara in Hesarghatta main road were
asphyxiated in a 30 feet deep manhole in Yelahanka New Town on 14.11.2008
on account of the negligence on the part of the BWSSB officials and its
contractor.

1)uring the pendency of these proceedings, Alternative Law Forum and

some public spirited persons like Mr. Clifton D' Kolario, Ms. Maitreyi
Krishnan and Mi. Devraj jointly submitted a petition dated 26.01.2009 to the
Commission with regard to the same tragedy seeking compensation to the
families of the deceased persons and also certain directions to the authorities of
BWSSB to avert such happenings in future. The Chairman, BWSSB and the
Labour Commissioner were asked to submit the report with regard to this
tragedy.

35
Kamataka State Human Rights Commission

It was reported by the Chairman, BWSSB that on 14.04.2008 between

1.00 p.m. and 1.30 p.m., G.T. Somashekar; Assistant Engineer, BWSSB, and
his team of officers and D. Gangadharaiah, Labour Contractor, along with two
contract labourers, namely Narasimhaiah and Ambarish went near Mother
Dairy Circle of Yelahanka to clean the underground pipe line. The plate
covered to the manhole was removed allowing the poisonous gas to come out.
Thereafter, the contract labourers were instructed to have lunch and thereafter
to start the cleaning work. Having so advised, the labour contractor, Assistant
Engineer and other officers went for lunch. When the matter stood thus, the
contract labourers peeped into the manhole to see whether any garbage was
struck in it and while doing so, one contract labourer slipped and fell into the
manhole. In order to rescue him, the other contract labourer tried to pull out the
slipped contract labourer, but in the process he also fell into the manhole. On
hearing the cries of these two contract labourers, Sri. Srinivas, an autorickshaw
driver who was then passing by stopped his vehicle and went for the rescue of
the contract labourers, but he also fell into the manhole. All the three persons
inhaled poisonous gas and they were asphyxiated and died. Immediately the
fire force and the police arrived at the spot, lifted all the three dead bodies and
were taken to Government Hospital, Yelahanka for P.M. Examination.

The Chairman, BWSSB in his report stated that the Government paid a
sum of Rs. 10,000/- to each of the families of the deceased persons to. perform
last rites. The Government has also paid a sum of Rs. 1,00,000/- to each of the
families of the two contract labourers. According to the Labour Commissioner,
the dependants of Ambarish are entitled to compensation of Rs.3,56,980/- and
the dependants of Narasimhaiah are entitled to compensation of Rs.4,15,960/-
in terms of the Workmen's Compensation Act. It is reported that no
compensation is paid to the dependants of Srinivas either by the Government or
by BWSSB. The NGOs in the joint petition stated that BWSSB and the
Secretary to the Minister of BWSSB had promised to pay compensation of
Rs.3,00,000/- to each of the families of the 3 deceased persons, but only a sum
of Rs. 1,00,000/- has been paid to the families of the Contract Labourers and
nothing is paid to the family of the deceased autorickshaw driver Srinivas.
These NGOs have sought for a direction from the Commission to the
BWSSB/State Government to pay compensation of Rs.5,00,000/- to the
dependants of each of the 3 deceased persons. It was noted that the
Government has already paid a sum of Rs. 1,00,OQO/- to each of the families of
the said contract labourers. The Labour Commissioner has already initiated
proceedings under the Workmen's Compensation Act and the dependants of
the deceased contract labourers will be entitled to compensation in terms of the
said Act. Therefore, there is no need for the Commission to issue any direction
either to the Government or to the BWSSB to pay any compensation on and
above what has been paid by Government of Karnataka or the compensation to
which the dependants of the 2 contract labourers are entitled in terms of the
Workmen's compensation Act. But it is most unfortunate that Government of

36
 Fourth Annual Report 2010-11

Karnataka or the BWSSB have not thought it fit to render helping hand to the
dependants of the sole earning member of the family Auto driver Sri. Srinivas.
The Commission has therefore directed to pay a sum of Rs.5,00,000/- to the
dependants of Sri. Srinivas.

After knowing that cleaning of manhole is not only difficult, but

dangerous also, the Commission has recommended the following measures.

(i) The Chairman, BWSSB, is directed to pay a sum of Rs.5,00,000/-

(Rupees Five Lakns only) to the dependants of the deceased
Sri. Srinivas, autorickshaw driver, within a month from the date
of receipt of the Order.

(ii) The Government of Kamataka, BWSSB, Municipal Corporations

and Municipalities in the State should provide requisite safety
measures to prevent injury to or death of sewerage workers
having regard to the nature of work they do.

(iii) The Government of Karnataka, BWSSB, Municipal Corporations

and Municipalities in the State are directed to formulate a
compensatory and accountability policy detailing the
accountability and possibility of accident, details of financial and
other compensation to be given to those injured and the families
of the deceased in case of death.

(iv) The Government of Karnataka, BWSSB, Municipal Corporations

and Municipalities in the State shall carry out comprehensive
medical check up of all the sewerage workers and thereafter to
provide them comprehensive medical treatment free of cost for
regaining the health and during the time of availing medical
treatment the 'pourakarmiks' shall be paid full wages.

(v) The Government of Karnataka, BWSSB, Municipal Corporations

and Municipalities in the State are directed to provide all
workers, whether permanent or temporary or those employed on
contract I daily wage basis etc. with bunny suits, protective gears
and all such equipments necessary for their safety and to maintain
their health.

(vi) The Government of Karnataka, BWSSB, Municipal Corporations

and Municipalities in the State are directed to implement
Sri. I.P.D. Salappa Committee Report, 1976 on the Improvement
of Living and Working Conditions of Sweepers and Scavengers.

(vii) The Government of Karnataka shall issue a Government Order

PH -040 -EC

commanding all Municipal Corporations and other municipal

37
Kamataka State Human Rights Commission

bodies in the State to implement the recommendations of this

Commission incorporated in this Order within 3 months.

(viii) The Chairman, BWSSB, and the Chief Secretary to the

Government of Karnataka, are directed to submit action taken
report on the recommendations of the Commission made above
within 3 months from the date of receipt of this order.

Although such an important order has been passed regarding the dangers
in cleaning the manhole, the Government has not yet submitted the compliance
report. It is hoped that the Government will take a serious view of the matter
keeping the observations of the Commission and take up immediate and
appropriate action. This is a suo-motu case registered by the Commission.
Karnataka State Human Rights Commission is following a novel method of
taking note of important events that are reported both in the print media and
electronic media and register cases as suo-motu and pass orders. So far the
Commission has registered 5,423 number of suo-motu cases and passed very
important orders making useful recommendations regarding many of the
aspects of the human rights violation.

Action taken report / compliance report has not been received from the
concerned authorities.

8. HRC No.2846/09:

The Fact Finding Co-ordinator of South Indian Cell for Human Rights
Education and Monitoring (SICHREM) met the Chairperson of the
Commission and lodged a written complaint with regard to the alleged
detention of a minor, Sandeep by name, aged 17 years, son of Sri. Anthony, by
K.R. Puram police since 06.06.2009 and alleging severe torture to him by the
police.

The Chairperson of the Commission along with the Inspector General

Police and Deputy Superintendent of Police and other officials of the
Commission visited the police station to verify the truth of the K.R. Puram
police station, the Commission found 13 persons in the lock-up of the police
station and one among them Sandeep was also found. The Commission
recorded the statements of all the detainees and also that of Sri. Anthony, father
of Sandeep. The Commission has also recorded the statement of Sri. H.J.
Thippeswamy, Police Inspector, K.R. Puram Police Station, Bangalore. The
Inspector General of Police was. asked to investigate and furnish his report. The
report of IGP that was submitted to the Commission has highlighted certain
serious lapses committed by Sri. H.J. Thippeswamy. It was noted that the 13
detainees were kept in the lock-up since many days without being involved in
any crimes and they were subjected to custodial torture. Investigation Division
report was carefully and critically examined the entire materials placed before

38
 Fourth Annual Report 20 10-1 1

the Commission and it came to the conclusion that Sri. H.J. Thippeswamy and
other police personnel of K.R. Puram police station are prima facie guilty of
committing serious crimes and violating basic human rights of the detainees
and thought it fit to recommend appropriate legal actions against Sri. H.J.
Thippeswamy and other police personnel of K.R. Puram police station. As
required under Section 16 of the Protection of Human Rights Act, 1993, the
Commission directed notice to Sri. H.J. Thippeswamy in order to give him an
opportunity of being heard. Accordingly, the statement Sri. H.J. Thippeswamy
was to be recorded on 09.09.2009 and after granting him an adjournment was
recorded on 19.09.2009 on his request. But in the meantime, the father of one
of the detainees, namely Sandeep Kumar sent a letter to the Commission
requested to drop the proceedings. But in view of the circumstances noted in
the order the Commission by its order dated 05.09.2009 rejected the request of
Sri. Anthony contained in his letter dated 27.08.2009 to drop the proceedings.

Sri. H.J. Thippeswamy has stated in his statement that none of the
detainees were detained illegally, but records would clearly show that in
arresting and detaining the detainees the police of K.R. Puram police station
have not complied with the relevant mandatory provisions of the Constitution,
the binding judgments of the Supreme Court in D.K. Bàsu V/s. State of West
Bengal and other cases, and directives issued by the National Human Rights
Commission from time to time. It was also noted that a minor was kept in
police custody illegally. Sri. H.J. Thippeswamy has stated that some of the
accused were involved in dacoity, robbery, pick-pocketing, etc. and in such
cases, if the accused are not dealt with properly, it would be very difficult to
recover the properties and the failure would send wrong signal to the society.
But it is noted that both means and goals in course of investigation and
bringing the culprits to book should be legal and justified. The police in order
to achieve goals cannot resort to illegal and unjustified means and tactics. After
examining of these aspects, the Commission recommended to the Government
of Karnataka represented by its Home Secretary;

(i) To prosecute Sri. H.J. Thippeswamy, Police Inspector, K.R.

Puram Police Station, Bangalore City, by entrusting the case to
COD, for commission of the offences punishable under Sections
344 and 346 of IPC and violation of Human Rights of 13
detainees whose details are set out in the order.

(ii) To place Sri. H.J. Thippeswamy, Police Inspector, under

suspension pending inquiry and prosecution by the COD; and

(iii) To initiate Disciplinary Proceedings against Sri. H.J.

Thippeswamy in accordance with law.

39
Karnataka State Human Rights Commission

This order has been passed on 13.11.2009 as per Section 18(e) reads as
follows:

the Commission shall send a copy of its inquiry report

together with its recommendations to the concerned Government or
authority and the concerned Government or authority shall, within
a period of one month, or such further time as the Commission
may allow, forward its comments on the report, including the
action taken or proposed to be taken thereon, to the Commission;"

Inspite of fact that these orders have been passed on 13.11.2009 and the
Home Secretary to the Government of Karnataka has received on 21.11.2009,
the compliance report has not been received. The State authority and in this
case the Secretary to the Government, Home Department has to inform the
Commission of the action taken or his comments on the recommendations.
Unfortunately, in many cases as in the case above this provision is not
followed. The Chief Secretary to Government may be instructed by the
Government to issue proper instructions to all the authorities concerned to
follow Section 18(e) of the Protection of Human Rights Act scrupulously.

The matter had been challenged in the Hon'ble High Court of Karnataka
in wp No.38901/09 (Gen-RES) by Police Inspector Sri. H.J. Thippeswamy.
The writ petition has been dismissed on 18.02.2010. The Home Department in
the Government of Karnataka have to take action as per the recommendation of
the Commission and report compliance.

Compliance report has not been received from the Principal Secretary,
Home Department, although the orders have been passed on 13.11.2009.

9. HRC No.2166/08:

Smt. Gowramma in her complaint dated 27.06.2008 has stated that on

20.02.2008 her son Kumar along with their village man Sampangi went to
Channapatna Rural police station to file a complaint. But the police station
incharge Nanjappa did not receive the complaint and instead advised her son to
compromise and he filed a case against her son. The Commission having
registered the case asked for a report from Superintendent of Police,
Ramanagaram District. According to that the complainant son and
Sri. Sampangi were enquired and their' statements were recorded. It was
because of a clash regarding the destruction of flower the complainant's son
and their opponents had quarreled and both of them gave complaints to the
police station and after investigation charge sheet have been filed in the Court.
Since the matter is before the Court it is difficult to give a report against the
allegation. But the Commission after perusal of the case was of the view that
there is negligence in recording the complaint and also noted that the complaint
has been registered after a lapse of many days. Therefore, the Commission

40
 Fourth Annual Report 2010-11

recommended for the payment of Rs.10,000/- to the Complainant Smt.

Gowramma and also recommended for disciplinary action against Sri.
Nanjappa, Police Sub-Inspector, Channapatna Rural Police Station. The
amount to be paid as relief could be collected from the police officer Sri.
Nanjappa. The Commission has called for action taken report within one
month.

Compliance report has not been received from the Principal Secretary,
Home Department, although the orders have been passed on 09.03.20 10.

10. HRC No.2372/SM-450/08:

The Commission registered a suo-motu case regarding accidents that

are taking place in the Bangalore Metro Transport Corporation. It was noted
that a 12 year boy Raghavendra died because of the negligence of city bus
driver and asked for the report of Managing Director, Bangalore Metro
Transport Corporation and Commissioner of Police, Bangalore City. The
Managing Director, BMTC stated that suitable preventive action is being taken
and BMTC drivers are giving training regarding careful driving of the buses.
The Commissioner of Police has stated that action as per law is being taken.
The Commission recommended to the Managing Director, BMTC to take
stringent action against those who do not follow the instructions issued
regarding careful driving.

Compliance report has not been received from the Managing Director,
BMTC, although the orders have been passed on 30.03.20 10.

11. HRC No.4243/08:

Sri. G.V. Parvatikar of Bagalkot and other similarly placed persons

affected on account of submersion of their properties under Upper Krishn
Project situated within the limits of Bagalkot town and the properties namel
the buildings like residential houses and shops of the complainants are comi
under the submersion of backwaters of Almatti Dam and they contend that
there has been no proper rehabilitation and resettlement package
rehabilitating them on account of such submersion. They have stated eve
that much of water is stored in the Almatti Dam, which is the maxi
quantity of water, the properties belonging to the complainants which had
acquired on account of submersion of backwater, will not be submerged
Sri.Siddalingegowda on press reports had also filed the complaint and
also been clubbed with this.

It is the case of the complainant that there is no proper pac

rehabilitating them, providing a provision for earning their livelihood
Commission called for the report from the Chief Secretary to Gove
Kamataka and the Regional Commissioner, Belgaum, who is

4'
ataka State Human Rights Corninissin

Commissioner for Rehabilitation and Resettlement and L.A. of Upper Krishna

Project, Bagalkot. Pending receipt of reports from the said authorities, the
complainants approached the Commission again contending that the Bagalkot
Town Development Authority (BTDA) has invited tenders for demolition of
the structures between contour 520.10 and 521.00 metres, which deprives their
interests and rights. The Regional Commissioner, Belgaum submitted his report
on 01.01.2009 and the comments were called for from the Complainants and
they have submitted the comments on 18.01.2009. The Commission after
visiting Bagalkot and after perusing the reports that were submitted noted that
the complainants have already filed a writ petition in the High Court of
Karnataka seeking similar relief The Commission after considering the
contents of the complaint, the report and the comments as well as its views on
hearing the locals of old town and new town of Bagalkot and also on its own
inspection by going around such areas in both old town and new town, noticed
that the BTDA, if it has to demolish the structures as proposed falling between
contour 520.10 metres and 521.00 metres, has to necessarily provide the
minimum basic facilities to the human beings who are going to be shifted from
that area to live their life as human beings enabling them to earn their day to
day livelihood to live with human dignity. Keeping the right to life and right to
livehood of the persons going to be affected on account of shifting from old
town to new town, the Commission directed the BTDA to provide the
following basic necessities.

(a) To provide proper shelter to suit the dignity of each human being
to live therein as a human being with such dignity with which he or
she lived earlier in the old town making a suitable provision for the
persons to shift from old town to new town with all such dignity
and their rights to food, shelter and livelihood are not affected.
Displacement shall not be carried out in a maimer that violates the
rights to life, dignity, liberty and security of those affected.

All affected and displaced persons have the right to security for
their physical wellbeing and their property. It is, therefore, the
Government of Kamataka shall establish sufficient number of
Police Stations/Out Stations with police personnel to take rounds
1 uring days as well as nights around the area of Navanagar, which
scatterly spread to ensure safety of the physical wellbeing of the
nerty of the residents of Navanagar.

ca of Navanagar is scatterly spread, for the movement of the

is to go to shops, hospitals, schools, police stations,
'al offices, District Administration offices, Courts, etc., bus
move within the Navanagar area, on free pass basis or
nominal charges shall be provided.

42
 Fourth Annual Report 2010-11

(d) To generate employment and work and to provide minimum basic

facilities for Navanagar residents to go in for shopping, the
residents shall be facilitated by establishing market areas at nearer
and various places and such development of market areas shall be
on war footing basis. There shall be programmes for generating
variety of works at Navanagar so that the displaced persons from
old town shall earn their livelihood once when they are shifted to
Navanagar. Since the persons displaced are compelled to change
their place of business from old town to new town of Bagalkot, as
the business has been substantially affected on account of
submergence, the business requires to be promoted by providing
provision for free trade zone.

(e) Since the purpose of allotment of sites for industrial establishments

has not become fruitful, the allotment of sites for industrial
developments if industries are not established within the given or
specified time, shall be cancelled and sites shall be allotted to such
entrepreneurs who come positively to develop the industries and
generate the income and employment for the displaced persons.
This shall be done without any hesitation and within the shortest
possible time to protect the rights of the displaced persons for
earning their livelihood.

(1) Shifting of the persons from the affected old town area to the new
town area and for the persons moving from old town area to new
town area to earn their livelihood and vice versa as well as for the
coolie workers going from new town to old town and the persons
residing in the new town to go to old town to work in their
commercial or business establishments, transport facility like free
buses to them shall be provided without costing anything to them
out of their meager earning for their livelihood for that purpose.

(g) Health care facilities are to be provided on priority basis as the

District Health Hospital is in the new town area and in emergency
of the persons living in the old town area, a vehicle or facilities to
move to District Hospital shall be provided at the earliest possible.
The Bagalkot Town Development Authority shall put forth all
possible efforts to create employment opportunities for the persons
at new town and have the programmes to attract the displaced
persons to be shifted from old town to new town so that they
volunteer to shift themselves to the new town.

(h) Grave yards in the new town are situated far off from the
residential places of some of the residents and, therefore, the
authorities shall provide a vehicle or facility to reach the grave
yards carrying the dead bodies. The facility shall be provided to

43
Karnataka State Human Rights Comrnissin

the residents of old town for payment of municipal tax etc., as the
Town Municipal Office is in the new town and for them movement
from old town to new town there shall be a provision for free
conveyance. There shall be some special arrangement for the
people coming for official works at new town from old town
providing free conveyance to them.
(i) The commercial establishments at old town which are to be shifted
at 525.00 metres of water level under special category, shall be
shifted at once by construction of common shop complexes for all
the business people of old town on loan basis i.e. contribution of
the businessmen being 25 per cent of the total cost of his shop and
75 per cent of the cost shall be raised by loan in such
businessman's name by the Bagalkot Town Development
Authority taking financial assistance from financial institutions
and taking of the construction of shopping complex with the help
of construction companies like Housing Board, Land Army etc, as
the Commission has received representation from the business
community people of old town with such a proposal so as to enable
them to shift at once for the purpose to avoid affecting the business
of one or two individuals who shift to the new town.
(j) To facilitate the allottees of one or more number of sites on
account of the family eligibility to meet the exigencies in life like
health emergency, education necessity, etc., the conditions in the
lease cum agreement relating to allotment of sites shall be relaxed
so as to enable them either to mortgage or alienate the portion of
the sites allotted to them to meet such exigencies as they have a
right over their property in their possession.
(k) The shops constructed in new town area shall be allotted to such
business people from old town who intend to start their business
free from rentals for a particular period of 3-5 years so as to
promote their livelihood in new town area.

The Commission directed that the above recommendations shall be

complied so as to protect the human rights like right to life, dignity, liberty and
security of the persons to be shifted from old town to new town and to protect
their right to livelihood while shifting from old Bagalkot town to new Bagalkot
town from the affected submergence area, within a period of three months and
action taken shall be reported within one month from the date of receipt of this
order.

Compliance report has not been received from the State Government
and the Regional Commissioner who is also Commissioner for Rehabilitation
and Resettlement, UKP, Bagalkot, although the orders have been passed on
02.05.2009.

44
 Fourth Annual Report 2010-11

12. HRC Nos.4357/08 clw. 4385/08:

South India Cell for Human Rights Education and Monitoring

(SICHREM), a NGO filed two complaints that Sri. Janardhan and his wife
Smt. Varalakshmi, residents of Dooravaninagar, Bangalore were taken by the
Police Inspector, Indiranagar Police Station who along with 2 Constables came
in a private vehicle and they have been kept in illegal custody and although
Smt. Varalakshmi being a woman who was not supposed to be kept in the
police station after 6.00 p.m., but she has been illegally detained by the said
Police Inspector in the police station. The Commission registered the case and
took up investigation and directed the investigation wing to enquire and submit
a report. Accordingly, Deputy Superintendent of Police of the Commission
submitted a report. He has recorded the statements of all the witnesses.
Sri. Janardhan and Smt. Varalakshmi, Police Inspector Sri. P.T. Thorat of
Indiranagar Police Station and his staff According to the statements of
Janardhan and Varalakhsmi, their son Narayan left their house at an early age
and he used to visit them occasionally. But he had not informed what he was
doing and he is said to have told that he married one Smt. Kapila. They also
came to know that Narayan was involved in some crimes and was arrested by
Sreeramapur Police and for some time he was in jail. Their another son
Bhaktavatsala is a driver and working in a private establishment and is living
separately. They also stated that their son Narayana was living separately and
some time he used to contact them for money. On 29.11.2008 at about 7.00
a.m. 4 police and a woman PC came to their house in a vehicle, took both of
them and brought to Indiranagar Police Station. After some time they also
brought their another son Bhaktavatsala to the police station and have beaten
him. The police compelled them to disclose the whereabouts of their son
Narayan on the ground that Narayan stated to have stolen Rs.5.00 lakhs.
Despite their telling that Narayan was not living with them and they do not
know his whereabouts, the police started pestering them to disclose the
whereabouts of Narayan. Whereas the police stated to have kept them illegally
in the police station. On 02.12.2008 police officials took Janardhan to a hotel
and to some other places in Indiranagar and brought him back to the police
station and some Lady PCs brought Smt. Varalakshmi to their house about 3.00
a.m., they allowed Smt. Varalakshmi to change her clothes and after a few
hours brought her back to the police station. The Women PCs were reported to
have stayed with Smt. Varalakshmi in their house. This was noticed by
Sri. Prakash Kariappa, the complainant when he came to the house at 9.00 a.m.
along with Bhaktavatsala. Sri. Prakash Kariappa stated to have enquired the
lady police and came to know that they are posted to watch the movements of
Smt. Varalakshmi. Sri. Prakash Kariappa and Bhaktavatsala stated to have
visited the police station in order to see Janardhan. To their surprise
Sri. Janardhan was not there in the police station. Whereas, Bhakta Vatsala
identified the tracksuit of his father Janardhan, so it was confirmed that
Indiranagar police had illegally kept Sri. Janardhan and his wife
Smt. Varalakshmi in the police station, but moved them out of the police

45
Kamataka State Human Rights Commission

station when both of them went there, Thereafter, Sri. Prakash Kariappa
brought Smt. Varalakshmi along with her son Sri. Bhakta Vatsala to this
Commission on 03.12.2008. According to the statement of Sri. P.T. Thorat,
Police Inspector Sri. Narayan was involved in crime No.277/08 being
registered on the complaint of one Sri. K.K. Erappa and stated that they had not
kept Janardhan and Varalakshrni in the police station. The report of the
investigation wing indicates that there are prima-facie materials to show that
Sri. Janardhan and his wife Smt. Varalakshmi were illegally detained in the
police station by Sri. P.T. Thorat, the Police Inspector arid his staff of
Indiranagar Police Station. Therefore, the TOP, SHRC in his report having
recorded adverse findings recommended for initiating disciplinary proceedings
against them.

The enquiry report as well as the statements of the police officers were
examined in detail by the Commission and as per evidence available
Sri. Janardhan has been blackmailed to show his son Narayan and the evidence
that was available was sufficient to say that the human rights of Janardhan and
his wife Varalakshmi have been violated arid therefore the Commission
recommended to the Director General and Inspector General of Police,
Government of Kamataka to initiate disciplinaiy action against Sri. P.T.
Thorat, P1, Sri. Prem Singh, ASI, Sri. Subramanya. I-IC and Harinatha Shetty,
PC (the driver).

Although the orders have been passed on 23.09.2009, the compliance

report has not been received from the DG & IGP.

13. HRC No.37561SM-929109:

Karavali Ale, a newspaper reported about c ri

d" &
-D '
3'od
25
djaro" on 13.07.2007.
When this press report was sent to the Principal Secretary to Government,
Public Works Department, he reported the action taken to repair the Shiradi
Ghat road. It was stated that since the contractor was not prepared to take the
work regarding NH-48 from 237.00 to 264.00 krns. temporary repair was
conducted. The Additional Director General for Central Land Transport also
reported about the action taken. The Chief Engineer, National Highway has
reported that repair work has been conducted, but the press report says that this
is not of good quality. The Commission recommended to the Principal
Secretary, PWD and Chief Engineer, NH to take steps for keeping the road in
good condition so that traffic is not affected. This order was passed with the
recommendation on 05.12.2009 and compliance report from the Principal
Secretary, PWD and Chief Engineer, NH is awaited.

14. HRC No.447/07:

The President of the Bar Association, Bhatkai complained that the

Police Sub-Inspector Sri. Shanmukhagouda \/. Patil, Bhatkal Rural Police

46
 Fourth Annual Report 2010-11

Station threatened a senior advocate Sri. J.D. Nayak showing his revolver and
stating that he is going to shoot him and thereby preventing the advocate from
discharging his duty. It is reported that J.D. Nayak and his colleagues and the
two Accused and those who are ready to give them surety were to
produce them before the Court. At that time, Police Sub-Inspector
Sri. Shanmukhagouda V. Patil came there and prevented the Advocate and
others from going to the court and asked to handover the two Accused to him.
At that time the PSI showed his service revolver and threatened to shoot the
Advocate Sri. J.D. Nayak, According to the President of Bar Association this
action of the police Sub-Inspector was to prevent them from discharging their
duties, since happened in front of the Court many Advocates and the Advocates
Association have requested for conducting action against Sri. Shanmukhagouda
V. Patil.

The Commission directed the Inspector General of Police, Western

Range, Mangalore to enquire and submit the report. Accordingly, IGP has
submitted his report. This report when sent to the Bar Association President for
omments, the Bar Association President offered some comments and
amining them, IGP of the Investigation Wing of the Commission was
41rected to conduct fresh enquiry and submit a report after giving an
. ,opportunity to the Advocates as well as police officers. As per the report, Sri.
/ ö hanrnukhagouda V. Patil, Police Sub-Inspector has behaved in a manner
tbecoming of a police officer. He could have moved the Court and requested
hando\'er the Accused to the police custody instead of quarrelling with the
1voates. According to the report Sri. Shanmukhagouda V. Patil did not take
action in the matter. The report was sent to Sri. Shanmukhagouda V. Patil
hi statement according to the Section 16 of the Protection of Human Rights
t. hut he has neither submitted his statement nor asked for an opportunity to
heard in person.

The Commission after examining the records and enquiry report has
concluded that there is violation of human rights and therefore has
recommended to keep Police Sub-Inspector Sri. Shanmukhagouda V. Patil
under suspension and take disciplinary action. The recommendation has been
sent to the District Superintendent of Police, Karwar for further action in the
matter. The compliance report is not received.

15. HRC No.725/08:

Sri. Satyanarayan Bhat of Nagarabhavi, Bangalore filed a complaint

regarding the problems faced in NGEF Layout regarding cleanliness, bad
condition of the roads, garbage has been thrown all ovei the place, noise
pollution, air pollution and other problems and having given in the vacant
space which is next to the NGEF Layout and thereby causing many of these
problems and also regarding the drinking water which is being supplied by
bore-well and inspite of various requests given to the BWSSB, Cauvery water
Kamataka State Human Rights Commission

has not been made available. Therefore, there is violation of human rights. This
was sent to Bruhat Bangalore Mahanagara Palike and Bangalore Development
Authority Commissioners for a report. They in turn got the reports from their
subordinate officers and submitted reports.

Accordingly, NGEF layout is a layout approved by the BDA and

Vrushabhavati River flows by the side of this extension. There is a seven feet
wide pipeline, the water has to go and drainage water is not flowing in this
pipeline. They have repaired ten roads. When the copies of the reports were
sent to the Complainant for his comment, he requested the Commission to
inspect the spot and see for itself the problems faced by the residents of the
extension and also no response from the authorities. Accordingly, on
04.05.2009 the Commission visited the place the Chief Engineer, BBMP,/
71/
officers of the BWSSB, Bangalore University, Pollution Control Board and
complainant were present. The complainant and the residents explain&
problems they are facing and their main demand was regarding pr'
drinking water from Cauvery river. They also mentioned about the 2 4'
land available between the layout and Bangalore University in respec
a dispute is stated to have been pending between the Bangalore Uni
the BDA. It was reported by the officers of BWSSB that they have
estimate of Rs.62.00 lakhs for drinking water. So far as water
concerned if the residents of the extension collect Rs.62.00 lakhs and pa
BWSSB Cauveiy water would be supplied. But the residents expressed t'
inability on the ground that the then NGEF House Building Society has bec
defunct and thus, the residents were unable to deposit Rs.62.00 lakh
Regarding the dispute about two acres of land Bangalore Development
Authority Commissioner was requested to examine and take appropriate action
in the matter. The Chief Engineer of BWSSB who appeared before the
Commission mentioned that their letter dated 04.11.2009 informed that
approval of the competent authority has been conveyed to the office bearers of
the Welfare Association asking them to deposit Rs.33,29,480/- initially
collected from 417 site owners to provide water supply facility to the area and
the balance amount of Rs.28,3 1,300/- will be collected at the time of
sanctioning of individual service connections from the remaining 308 site
owners. Accordingly recommendations were made to the BWSSB officers to
discuss with the welfare association of the extension and take action for
supplying drinking water. The Commissioner, Bangalore Development
Authority and Commissioner, BBMP to discuss with the senior officers and see
how two acres of land can be developed. They may consider developing this
either an extension or as a park and take decision within six months.

This order has been passed on 04.12.2009 and the period of six months
is over. The complainant has again filed a complaint stating that the authorities
have not implemented the recommendations made by the Commission. His
petition is under consideration of the Commission.

48
 Fourth Annual Report 2010-11

THE IMPORTANT CASES IN WHICH ORDERS ARE PASSED DURING

THE YEAR 2010-11

1. HRC No.7431/SM-2046/09 to 7472/SM-2087/09 & connected cases:

It was widely reported in the press that at least 55 employees are suspected to
have been affected by radiation at the first unit of the Kaiga Atomoc Power Station
established in Kaiga of Karwar Taluk, in Uttara Kannada District and the affected
employees were hospitalized with symptoms of radioactive poisoning after coming to
know that their urine had higher tritium content, a hydrogen isotope. This was a very
serious incident, which had received wide concern from the people about the safety
and security of the plant and possible damage caused to the health and environment of
the people concerned. The Commission having taken note of seriousness of the
problem suo-moto registered the part cases and was eager and serious to know the
outcome of the probe already ordered by the Nuclear Power Corporation of India Ltd.
(NPCIL) and the investigation was conducted under the direct guidaice and
Superintendence of the Inspector General of Police, Western Range and
Superintendent of Police, Uttara Kannada District and the remedial measures taken by
the Department of Atomic Energy and the NPCIL. The Commission was issued
notices and directed the following officers to submit their reports with regard to the
incident.

1) The Director, Kaiga Atomic Power Station, Kaiga, Karwar Taluk, Uttara
Kannada District.
2) The Chairman and Managing Director, Nuclear Power Corporation of
India Ltd., Vikram Sarabhai Bhavan, Anushakthy Nagar, Mumbai-400
094.
3) The Secretary, Department of Atomic Energy, Government of India,
Central Secretariat, North Block, New Delhi-i 10 001.
4) The Chief Secretary, Government of Karnataka, Vidhana Soudha,
Bangalore.
5) The Inspector General of Police, Western Range, Mangalore.
6) The Deputy Commissioner, Uttara Kannada District, Karwar.
7) The Superintendent of Police, Uttara Kannada District, Karwar.

In response to the notice, the Director, Kaiga Atomic Power Station, the
Chairman and Managing Director, NPCIL, the Secretary, Depaitiiient of Atomic
Energy, Government of India have submitted a common report and other officers also
submitted their respective reports separately and also the remedial measures taken by
NPCIL were set out and they are as follows:

(i) All the water coolers inside the operating island have been covered with
cages to ensure that only water outlet point will be accessible from outside.
(ii) All the heavy water sampling, analysis and storage procedures have been
further strengthened.

49
Karnataka State Human Rights Commission

(iii) Additional control gate with RIFD card at the entrance to the radiological
zone area has been installed.

The report further stated that all the workers who got exposed to radiation
doses they were treated as per the extant guidelines based on their urine sample
analysis and they are all best of their health and have been working without any break.
It was reported that there is no danger to the health of any person who received
radiation doses. The officers of the Government of India stated that the incident was
limited to one of the drinking water cooler and the radiological condition in the plant
premises and in the environment was normal, The officers of the State Government
have given their detailed independent reports wherein they have stated that this
incident is only a mischievous act of some person and the same is under investigation.
The Commission after going through all the reports, came to the conclusion that the
incident was possibly an act of mischief and not out of any md;take or default
committed in the operation of the plant. However. the laica :\tolric Power Station
authorities were directed to take all safety and protective measures in the operation of
the plant in future keeping in mind the health and safety of all the caployces. The
Inspector General of Police, Western Range, Mangalore. the Dcpu\ ulumissioner.
Uttara Kaimada District and the Superintendent of Police. Uttara Kanrua District
were directed to submit a COPY o f the final report after concluding investigation in the
matter. This order was passed on 07.02.2011 and the compliance report is awaited.

2, HRC No381/SM•-7O/O9 to 413/SM402/09 and other connected cases:

The Commission received complaints from the Secretary, Karnataka Muslim

Parishath, M/s.SICHREM, Sri. Siddalingegowda, Sri. Gowthaman flied complaints
regarding the attack by the members of a fundamentalist outfit called Sri. Ram Sene
on the customers of the Pub at Woodside Hotel complex on Balmatta Road in
Mangalore city on 24.01.2009. The Commission had also suo-rnoto registered the case
after the incident was reported in the press. As per the reports published in the pres,
the attack was carried out against the customers of the Pub and inmates of the house
on the ground that they were drink dig and indulging in dance and such acts are against
the tenets of Hinduism. It was also reported that the customers included young boys
and girls and many of them were severely beaten by the members of Sri. Ram Sene
and some of the female customers were molested. The Commission directed the Chief
Secretary, Government of Karnataka and the Director General & Inspector General of
Police, Bangalore to submit their response and the report with regard to the incidence
of attack. The Director General & Inspector General of Police, Bangalore gave his
report on 08.04.2009. In the report it was stated that as many as 27 persons were
arrested in the course of investigation and they were produced before the jurisdictional
court and they were released on conditional bail by the court. It was also stated that
rowdy sheets have been opened against the accused and security proceedings under
Section 107 of Cr.P.C. have also been initiated. The report discloses that the
jurisdictional police have set in motion criminal proceedings against the accused. The
Commission in its order refeiTed to several observations made by the Commission in
the past dealing with instances of moral policing in the State. The Commission felt

50
 Fourth Armual Repurt 2010-I I

that the number of groups of the like Sri. Ram Sene have been indulging in ex-facie
illegal activities assuming the role of self-appointed saviours or moral preachers.

The Commission further felt that the Indian society is not anarchy, on the other
hand, it is a secular republic governed by written Constitution and large number of
public laws. The Commission felt that the incident on 24.0 1.2009 was a terrible and
ghastly incident and the State should wake up and do everything at its command to
root out groups like Sri. Ram Sene, lest the people will loose faith in democracy and
the Rule of Law. The letter of the Chief Secretary and the report of the Director
General and inspector General of Police are quite silent about the queries made by the
Commission while calling for reports. The Commission directed to Chief Secretary to
the Government to send a detailed report with regard to the steps and measures taken
by the Government and its concerned law enforcing agencies to curb and eradicate
instances of moral policing within 15 days. The Commission also advised the
Government of Karnataka to issue circular instructions fixing the acccuntability on the
police head of each district and the Police Commissioners in the State with regard to
moral policing instances occurring within their respective territorial jurisdiction.

The aforesaid cases are disposed of subject to the above observations,

directions and recommendations.

PC No.745/JO & other connected cases:

The Commission having taking note, a large number of complaints regarrlin

the maintenance of health has issued directions to the State authorities regarding the
right to health, the Commission noted the information furnished by the Survey of
Knowledge Commission which stated that 6'7% of the expenditure on health services
is borne by the people themselves. Commission rioted that there are two Departments
of Medical Education, Department of Health and Family Welfare rcnderiug health
services. It was also noted that primary health units, Taluk Hospitals are maintained
by Zilla Panchayats and in the city area by the local authorities. inspite of these, there
are shortage of Doctors, Specialists and other staff, the infrastructure, shortage of
medicines, etc. Several complaints have been received by the Commission. The
Government has not been able to meet the needs of the people in providing the health
services. The Commission therefore recommended the setting up of High Level
Committee headed by the Additional Chief Secretary and including Principal
Secretary, Rural Development and Panchayat Raj Department, Principal Secretary,
Urban Development Department, Principal Secretary, Finance Department, Principal
Secretary, Medical Education and Secretary, Health and Family Welfare Department
to constanti1 y review the requirements and monitor the steps to be taken. The
Commission recommended that necessary reports should be submitted within one
month as per Section 18(e) of the Protection of Human Rights Act 1993. The
compliance report is still awaited.

51
Kamataka State Human Rights Commission

4. HRC No.2845/10:

Sri. Syed Patel of Gulbarga District in his complaint stated that in Yalavara
Village, Jewargi Taluk, Gulbarga District stones have been put around the drinking
water well and the concerned officers are not taking any action. The Commission
having taken note of the complaint referred the matter to the Chief Executive Officer,
Zilla Panchayat, Gulbarga who submitted his report after getting the same from the
Taluk Panchayat Executive Officer, Jewargi.

After perusing the report and the comments of the Complainant, the
Commission felt that fundamental human rights are violated by putting stones around
the drinking water well and therefore instructed the Chief Executive Officer, Zilla
Panchayat, Gulbarga to take immediate necessary action to remove the obstacles and
report the matter within a period of one month as per Section 18(e) of the Protection
of Human Rights Act 1993. The compliance report is still awaited.

5. HRC No.2069/10 and connected cases:

Sri. M.D. Chandrashekar, Former President, Central Relief Committee, in his

complaint stated that in the Footpath of Jalahalli HMT Colony road, a concrete bench
installed by the Bruhat Bangalore Mahanagara Palike fell and Diganth, 1 Y2 year child
who was grandson of the complainant is died because of the accident. It has also been
reported in the various newspapers. The father of the child Sri. B.C. Adarsh is also
mentioned about the incident. The Commission directed the Commissioner, Bruhat
Bangalore Mahanagara Palike to give his report and also to take necessary action for
those officers who are negligent and also to inform any relief has been provided to the
members of the family. It was reported by the Special Commissioner, BBMP that this
cement bench has been installed 8 years ago when Sri. Narayanaswamy was Mayor of
the Bangalore. It was stated that those present at the place of incident that this accident
was occurred because of the negligence of the father of the child and because of this
no relief has been granted and no action has been taken against the officials of the
BBMP. Sri. M.D. Chandrashekar, the Complainant filed his comments stating that the
BBMP is responsible for the accident and they have given a false report.

The Commission after perusing the complaint, the report and the comments felt
that this bench has to be kept in proper condition by the BBMP. The Commission did
not agree with the report that such a heavy cement bench has fallen only by
negligence in sitting on it and therefore, did not agree with the report and
recommended to BBMP Commissioner to pay a compensation of Rs.3.00 lakhs to the
parents of the diseased child and also to take a departmental enquiry against the
officers of the BBMP for dereliction of the duty and such report should be furnished
within a period of one month as per Section 18(e) of the Protection of Human Rights
Act 1993. The compliance report is still awaited.

52
 Fourth Annual Report 20 10-11

6. HRC No.6889/09:

Sri. Marasandra Muniyappa, the State President, Bahujana Samaja Party of

Karnataka and Former MLA & Member of Executive Committee of Bahujana Samaja
Party Sri. Syed Julpikar Hasmi of Bidar District in their complaint referred to the
kidnapping of Muslim girls. It was stated in the complaint that Sri. Fayaz Khan,
brother of Sri. Ayaz Khan had brought girls of younger age to Bangalore and had not
given education, but have kept them illegally with himself and even though on the
compliant Bidar police is registered in Crime No.98/09, the main Accused Ayaz Khan
and his brother Fayaz Khan have left out because of the support of Member of
Parliament Sri. Dharmasingh and Congress MLA Sri. Raheem Khan. The
Commission having note of this complaint called for a report from Superintendent of
Police, Bidar District who reported that this incident has been registered a complaint
in Bidar City Station and investigation is conducted impartial. When this report was
sent to complainants for their comments, they did not agree that the police have not
conducted the investigation impartial. The matter was referred to the IGP of the
Commission to hold an enquiry and submit a report. The investigation wing of the
Commission after conducting investigation into the case came to the conclusion that
Sri. Ayaz Khan and Fayaz Khan had kept muslim girls in illegal detention and have
given physical and mental torture to them and therefore recommended along with that
if there is sexual assault to them it has to be complained to the jurisdiction police
station. The Commission after perusing the report, instructed the IGP, Guibarga Range
to get the matter investigated by a senior police officer and if the allegations are
proved to take action as per law. The Commission also directed that the report should
be submitted to the Commission within a period of one month. The IGP, Gulbarga
Range is still to submit the compliance report.

7. HRC No.6530/SM-1954/09:

Karnataka State Human Rights Commission having taken note of appointments

of certain staff particularly who are Group-D and Drivers on the basis of Outsource
Method in Government Departments and Institutions registered the case suo-moto and
requested the Chief Secretary to Government to provide particulars. Principal
Secretary (Administrative Reforms), Department of Personnel and Administrative
Reforms has submitted the report on behalf of the Chief Secretary, GOK. The
Commission had raised following issues.

1) When did the system of making appointments by outsource method was

brought into force and what is its background?

2) Whether there is any Government Order for appointments by outsource

method or guidelines, policy and rules framed by the Government? In
case if there are Government orders, the copies of the same make be
provided.

53
Karnataka State Human Rights Commission

3) What is the salary fixed for those appointed on outsource method to the
agencies and what salary is actually given to the employees by such
agencies?

The Principal Secretary (Administrative Reforms), DPAR furnished the replies

for all the three queries raised by the Commission. It was clarified that this practice of
making appointments on contract basis by outsource method was brought into force
from the year 2000. He has also furnished the Government orders issued by the
Department of Personnel and Administrative Reforms as well as Finance Department
and also stated that a committee under the Chairmanship of Additional Chief
Secretary was formed to consider abolition of 80% of vacant posts of Group 'D' and
Drivers. This committee of officers made recommendation for appointment of the
staff from outsource method in the Government Departments. The first
recommendation was in the category of Drivers and Group 'D' post and the present
vacant posts and posts that are going to be vacant in future would be filled up only by
outsource method. In order to fill up by these posts through outsource method, the
Finance Department should make necessary provisions in the head of contingencies of
the budget for the proposals to be submitted by the different departments.

Regarding the 2nd issue raised by the Commission, the Government has
furnished the Government Order issued by the Labour Department No.LD 106 R&I
2000, but the full copy of the order is not furnished. The gist of ihe order is security
guard and cleaning staff should be appointed on the basis of contract. The Department
of Personnel and Administrative Reforms has defined Karnataka Transparency Public
Procurement Rules, 1999 under Section 2(f) 'Services' and these services consists in
the discharge of the duties and includes even the construction work.

It is noted that the post of Drivers and Group-'D' which were vacant on 2000
and those which are going to arise in future should be filled up by outsource method.
The Commission noted that the salary given in outsource method is far less than the
salary fixed by the Government. Keeping the orders of the various courts in view the
Full Bench of the Commission passed the orders on the issue. Sri. B. Parthasarathy,
Member of the Commission made eight recommendations to the Government in a 17
pages order on behalf of the Full Bench.

1) The Government should change its attitude that it is not the principal
employer if it takes the services of anybody by outsource method. Even
if any department has taken any one's service by outsource method, the
department or the institution becomes the principal employer as per
principles of natural justice. The Government should examine this issue
in detail and take a proper decision. Government should leave the habit
of taking people indirectly and obtaining direct service for the simple
reason they may demand for regularization of the services.

2) Govermnent from time to time appoints Pay Commission to review the

pay and allowances of its employees. 6th Pay Commission report has

54
 Fourth Annual Report 2010-11

come into force in case of Government of India and the State

Government has brought into force the 5th Pay Commission. The
Government may consider referring this issue whether to take services
on outsource method or make direct appointment to the consideration of
the Pay Commission to examine the matter in detail and furnish his
views. In case of the Government feels that Pay Commission is only for
those in Government service, a High Level Committee consisting of
experts in service matter to study the matter and make necessary
recommendations may be appointed.

3) Any new Department created by the Government or statutory or

constitutional authority created all other institutions should have Cadre
& Recruitment Rules fixing the cadre strength as per needs for each
category.

4) Whenever any new department or institution is created necessary

arrangements have to be made to frame Cadre & Recruitment for the
appointment of staff within one year of forming such department or
institution.

5) As a temporary measure till Government considers those

recommendations the minimum pay along with allowances should be
provided to those who are appointed by outsource method. For example:
the maximum pay for Group-'D' employee is Rs.4,800/- by outsource
method, but including allowances a regular employee at the beginning of
service gets Rs.8,660/-. The Government should at least provide the pay
and allowances given to the permanent employees to those who are
appointed on outsource method.

6) The Chief Secretary to Government should constitute a committee of

officers to examine these recommendations and furnish their view to the
Government for implementation of recommendations.

7) The Government which has accepted the principle equal work for equal
pay should take a decision to give the salary given to a permanent
employee to those who are working on contract and outsource method.
There is no security of service and pension to those who are appointed
by outsource method. If the Government in its wisdom decides to
appoint by only outsource method, it should give the pay which is equal
to those who are regularly appointed. For example: the drivers pay by
outsource and contract method is Rs.5,800, but including allowances the
total salary is Rs. 10,423 for those appointed regularly. At least this pay
has to be given to those who are appointed by outsource method.

8) As mentioned above the Group-'C' & 'D' category employees when

they are appointed by outsource method or contract do not get pension

55
Karnataka State Human Rights Commission

and retirement benefits. Therefore, at least they should be given the pay
which is equivalent to those who are regularly appointed.

In the view of the Commission those who are working in the lower levels in the
Government should be given social justice and with that view these recommendations
have been made. It is the considered opinion of the Commission that to obtain services
there should be permanent arrangement. If permanent arrangements are not made they
will not get service security and thereby are liable for exploitation. The Government
being an ideal employer should consider these points seriously and see that it does not
give an impression that it exploits those who are rendering service at lower levels in
Government Departments and Institutions and with that view these recommendations
have been made.

The compliance report has been furnished by the Principal Secretary,

Department of Personnel and Administrative Reforms (Administrative Reforms) and
the said report is under consideration of the Commission.

Some of the important cases which were taken up as Suo-Motu cases are as
follows:

1) Illegal detention by Police Officers

2) Suicidal deaths of Post-Graduate students
3) Contamination of water.
4) Unhygienic conditions / non-clearance of garbages
5) Accidental deaths of construction labourers
6) Collapses of buildings both old and under construction
7) Street dogs menace
8) Inhuman and brutal torture of arrestees in the police station.
9) Lift crashes leading to death of construction workers
10) Unnatural deaths in amusement parks
11) Sound and Air Pollution cases
12) Minor / Gang rape cases
13) Collapse of dilapidated school buildings, etc.
14) Encroachment of Government lands, seabeds, etc.
15) Instances of ragging in educational institutions and moral policing.
16) Attacks on places of worship by fundamentalist groups.

56
 Fourth Annual Report 2010-11

STATEMENT SHOWING DISTRICTWISE RECEIPTS, DISPOSALS AND

PENDENCY OF COMPLAINTS DURING FROM APRIL 2010 TO MARCH 2011
(2010— 11)

Complaints Complaints Pending

Complaints
received Total disposal
Si. Name of the pending as as on
from April- of 3 & from April-
No. Districts on 31.03.10 31.03.11
10 to Mar- 4 10 to Mar-
(09-10)
11 (2010-11) 11 (2010-11) (2010-11)
1 2 3 4 5 6 7
1. Bangalore Urban 2053 2986 5039 4362 677
2. Bangalore Rural 226 140 366 68 298
3. Bellary 406 278 684 142 542
4. Belgaum 304 318 622 152 470
5. Bagalkote 155 125 280 72 208
6. Bijapur 251 220 471 123 348
7. Bidar 82 117 199 70 129
8. Chitradurga 112 141 253 67 186
9. Chikmagalur 155 136 291 63 228
10. Chikkaballapur 98 107 205 33 172
11. Chamarajanagar 94 74 168 35 133
12. Davanagere 169 147 316 110 206
13. Dharwad 193 202 395 105 290
14. DakshmaKannada 506 340 846 253 593
15. Gadag 70 55 125 41 84
16. Gulbarga 215 206 421 99 322
17. Hassan 186 183 369 106 263
18. Haven 91 128 219 63 156
19. Kolar 149 166 315 67 248
20. Koppal 58 77 135 51 84
21. Kodagu 72 81 153 37 116
22. Mysore 406 556 962 245 717
23. Mandya 130 164 294 91 203
24. Raichur 98 112 210 67 143
25. Ramanagar 254 169 423 97 326
26. Shimoga 203 439 642 154 488
27. Tumkur 285 488 773 219 554
28. Uttarakamiada 614 343 957 237 720
29. Udupi 165 182 347 116 231
30. Yadgir 0 30 30 30 --
Total 7800 8710 16510 7375 9135

57
Kamataka State Human Rights Commission

STATEMENT SHOWING THE NUMBER OF COMPLAINTS / CASES REGISTERED, DISPOSED OF AND PENDING
DURING THE MONTHS APRIL 2010 TO MARCH 2011
(GENERAL COMPLAINTS FROM PUBLIC & NGOs)

No. of No. of complaints disposed off by:

No. of Total No.
compi
complaints of compl No. of
pending
on the last
(0/B)
aints
regist
Total
of 1
FB-I DB-I
[E] DB-II (2+3) SB-I SB-I! SB-Ill aints
disposed
compi
aints
ered
day of &2 off (Total pending
during Prly. Consd. Prly. Consd. Prly. Consd. Prly. Consd. Prly. Consd. Prly. Consd.
previous of 4 to (3-14)
the Stage Order Stage Order Stage Order Stage Order Stage Order Stage Order
month 13)
month
Month 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
April-10 4741 651 5392 -- 08 -- -- 01 02 177 -- 62 61 88 93 492 4900
May-10 4900 532 5432 -- -- -- -- 01 07 20 01 62 54 72 90 307 5125
June-10 5125 689 5814 -- -- -- 10 02 07 34 -- 74 56 95 46 324 5490
July-10 5490 759 6249 -- 24 -- -- -- 22 168 33 107 15 160 91 620 5629
Aug-10 5629 520 6149 -- 208 -- -- 02 19 74 14 70 84 61 107 639 5510
Sept-10 5510 602 6112 -- 09 -- -- 01 14 102 08 90 70 96 238 628 5484
Oct-10 5484 455 5939 -- 36 -- 02 02 21 59 08 63 104 48 164 507 5432
Nov-10 5432 416 5848 -- -- -- -- 01 01 31 05 69 93 76 156 432 5416
Dec-10 5416 665 6081 -- -- -- -- -- 08 21 06 111 52 117 125 440 5641
Jan-li 5641 513 6154 -- -- -- -- 01 02 34 03 102 45 93 216 496 5658
Feb-11 5658 704 6362 -- -- -- 01 -- 01 25 21 102 35 113 106 404 5957
Mar-11 5957 614 6571 -- -- -- -- 02 02 25 02 115 40 107 149 442 6129
Total 7120 -- 285 -- 13 13 106 770 101 1027 709 1126 1581 5731
Total Receipts & Disposals 285 13 119 871 1736 2707

58
 Fourth Annual Report 2010-11

STATEMENT SHOWING THE NUMBER OF COMPLAINTS / CASES REGISTERED, DISPOSED OF AND PENDING
DURING THE MONTHS APRIL 2010 TO MARCH 2011
(SUO-MOTU TAKEN UP CASES)

No. of complaints disposed off by: Total

No. of
rl+2-1 No. of
complaints No. of No. of
FB-I DII-! DB-II (2+3) SB-I SB-I! SB-I!!
pending
(0/B)
complaints Total L1J compl
aints
compl
on the last registered of 1 aints
disposed
day of during the &2 pending
Prly. Consd. Prly. Consd. Prly. Consd. Prly. Consd. Prly. Consd. Prly. Consd. off
previous month Stage (3-14)
Order Stage Order Stage Order Stage Order Stage Order Stage Order (Total of
month
4 to 13)
Month 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
April-10 3059 178 3237 -- 25 -- -- -- 11 02 09 -- 02 -- 03 52 3185
May-10 3185 198 3383 -- -- -- -- -- 01 -- 06 -- 11 -- 02 20 3363
June-10 3363 157 3520 -- -- -- -- -- -- -- -- -- 12 -- 05 17 3503
July-10 3503 59 3562 -- 258 -- -- -- 37 -- 664 -- 06 -- 03 968 2594
Aug-10 2594 342 2936 -- 50 -- -- -- 12 -- 13 -- 13 -- 06 94 2842
Sept-10 2842 127 2969 -- -- -- -- -- 05 -- -- -- 06 -- 04 15 2954
Oct-10 2954 43 2997 -- 61 -- -- -- 14 -- 06 -- 04 -- 10 95 2902
Nov-10 2902 79 2981 -- -- -- -- -- -- -- -- -- 02 -- -- 02 2979
Dec-10 2979 90 3069 -- -- -- -- -- 01 -- 04 -- -- -- 06 11 3058
Jan-11 3058 144 3202 -- -- -- -- -- 04 -- 20 -- 01 -- 03 28 3174
Feb-11 3174 79 3253 -- -- -- -- -- -- -- 167 -- -- -- 05 172 3082
Mar-11 3082 94 3176 -- -- -- -- -- -- -- 167 -- 01 -- 02 170 3006
Total 1590 -- 394 -- -- -- 85 02 1056 -- 58 -- 49 1644
Total Receipts & Disposals 394 -- 85 1058 58 49

59
Karnataka State Human Rights Commission

STATEMENT SHOWING THE NUMBER OF COMPLAINTS / CASES REGISTERED, DISPOSED OF AND PENDING
DURING THE MONTHS APRIL 2010 TO MARCH 2011
(CONSOLIDATED STATEMENT OF RECEIPTS AND DISPOSALS)

No. of No. of complaints disposed off by:

Total No.
complaints No. of No. of
FB-I DB-I DB-H (2+3) SB-I SB-Il SB-Ill of compl
pending complaints Total _i3j compi
(0/B) aints
on the last registered of 1 aints
disposed
day of during the &2 Prly. Consd. Prly. Consd. Prly. Consd. Prly. Consd. Prly. Consd. Prly. Consd. pending
off (Total
previous month Stage Order Stage Order Stage Order Stage Order Stage Order Stage Order (3-14)
of 4 to 13)
month
Month 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
April-10 7800 829 8629 -- 33 -- -- 01 13 179 09 62 63 88 96 544 8085
May-10 8085 730 8815 -- -- -- -- 01 08 20 07 62 65 72 92 327 8488
June-10 8488 846 9334 -- -- -- 10 02 07 34 -- 74 68 95 51 341 8993
July-10 8993 818 9811 -- 282 -- -- -- 59 168 697 107 21 160 94 1588 8223
Aug-10 8223 862 9085 -- 258 -- -- 02 31 74 27 70 97 61 113 733 8352
Sept-10 8352 729 9081 -- 09 -- -- 01 19 102 08 90 76 96 242 643 8438
Oct-10 8438 498 8936 -- 97 -- 02 02 35 59 14 63 108 48 174 602 8334
Nov-10 8334 495 8829 -- -- -- -- 01 01 31 05 69 95 76 156 434 8395
Dec-10 8395 755 9150 -- -- -- -- -- 09 21 10 111 52 117 131 451 8699
Jan-11 8699 657 9356 -- -- -- -- 01 06 34 23 102 46 93 219 524 8832
Feb-11 8832 783 9615 -- -- -- 01 -- 01 25 188 102 35 113 111 576 9039
Mar-11 9039 708 9747 -- -- -- -- 02 02 25 169 115 41 107 151 612 9135
Total 8710 -- 679 -- 13 13 191 772 1157 1027 767 1126 1630 7375
Total Receipts & Disposals 679 13 204 1929 1794 2756

60
DT. I 4 t •;•
L11 •*j -zJ -

Fourth Annual Report 2010-11

ABSTRACT

Total Receipts and Disposals during 2010-11

Receipts Disposals Pending

Complaints registered during 2010-11 Complaints disposed off during 2010-11 Total pending
Pending as on
Total Total as on 31.3.2011
General Suo-Motu General Suo-Motu Pending 31.3.2010
(1+2) (4+5) (7+8)
1 2 3 4 5 6 7 8 9
7120 1590 8710 5731 1644 7375 * Gen- 1389 4741 6130
**SM - 54 3059 3005
Total 1335 7800 9135
* (1-4=xxx)
** (2-5=xxx)

Note: Since the disposals are more than the receipts, 54 complaints were deducted from the pending suo-moto cases as on 31.03.2011,
i.e. 3059-54=3005.

61
Kamataka State Human Rights Commission

TVSTIGATJON WING:

The Invetiahon Div hs been established to conduct enquiry and

investigate the cases efen ed the Commission and fuiictions under the direction
and supervision of the Commission, The Investigation Division had also organized
work shops for creaung ava ness about the Human Rights for the police personnel
and officers of ftc prisons departments. The GovenmTent in its order No.LAW 20
LAG 2005 dated 2$06,200 ias created following posts for the investigation division.

• No of
Oesigr;on of the
N posts
1. inspcofir General of Police 1
2. Deputy Superintendent of Police 2
3. Section superintendent 1
4. First Division Assistant 1
5. Stenographers 2
6. Head constables 2
7. Police constables (Civil) 2
8. Typist 1
9. Drivers HCs / PCs 3
10. APC (Orderlies) 4
11. Dalayaths 7

These posts were ëreated much before the Commission came into existence.
After Commission came into existence and Inspect'r General of Police who was
posted to the Commission has worked out the detaii ysment of the police
personnel and furnished the same to the State Government. The State Government by
its order and No.LAW 17 HRC 2010 dated 10.06.2010 has sanctioned crn pit of
Deputy Superintendent of Police, two posts of Police Sub-Inspectors, three posts of
Head Constables and five posts of Police Constables/Women Police Constables. With
this the existing posts sanctioned and the posts that are filled up and the vacancies are
as follows:

62
 Fourth Annual Report 20 10-11

Si. . . Sanctioned Filled Vacant

Designation of the Post
No. post up post post
1 Inspector General of Police 1 1 --
2 Deputy Superintendent of Police 2 2 --
3 Sub-Inspector of Police 2 2 -
4 Civil Head Constable 5 4 1
5 Civil Police 'Constable / Women 7 7 --
Police Constable
6 Armed Police Constable (orderly) 4 4 --
7 Drivers (Armed Head Constable! 3 2 1
Armed Police Constable)
8 Section Superintendent 1 1 --
9 First Division Assistant 1 -- I
10 Stenographers 2 2
11. Typists 1 -- 1
12. Dalayath 7 5 2
Total 36 30 06
Note: 1) One post of driver is vacant and Sri. Shankar is working on contract basis.
2) The vacant post of FDA is filled up on contract basis and the incumbent is
working in the Administrative Section.
3) Out of 7 posts of Dalayath, 5 posts are filled up and 2 poGts are vacant.
Among the filled up posts 3 are working in the other sections of the
Commission.

In the meanwhile, the Inspector General of Police attached to the Commission

has submitted a revised proposal when the work study team of DPAR visited the
Commission. It may kindly be noted that the Investigation Division is an important
division of the Commission and therefore, it has to be strengthened to protect Human
Rights. It has been the experience of the Commission that whenever reports are called
for on the complaints, the complaints have been referred to the jurisdiction police
officers against whom the complaints have been made. Therefore, there is a need for
the creation of a strong investigation division to work under direction and control of
the Commission.

As mentioned earlier the Commission has sent revised proposals for sanction of
the following posts:

63
Kamataka State Human Rights Commission

THE DETAILS OF POSTS TO BE CREATED FOR THE SIX REGIONAL

OFFICES FOR THE INVESTIGATION WING OF KSHRC

Si.
Post Total Posts
No
1 Superintendent of Police 06
2 Deputy Superintendent of Police 12
3 Police Inspector 12
4 Police Sub-Inspector 24
5 Civil Head Constable 24
6 Civil Police Constable 48
7 Women Police Constable 12
8 Armed Head Constable / Arme! Prflc 3)
Constable (Driver)
9 Armed Police Constable 24
10 Stenographers 06
11 Computer Operator / Typists 06
12 Attenders 06
Total Posts 210
 Fourth Annual Report 2010-11
Southern Range, Northern Range and
Central Range, Bangalore Western Range, COP Hubli-Dharwad North-Eastern,
Mysore and COP Eastern Range,
(Districts: Bangalore, Kolar, Mangalore (Districts: (Districts: Belgaum, Gulbarga (Districts:
Mysore (Districts: Da'anagere (Districts:
KGF, Tumkur, Ramanagar, Dakshina Kannada, Dharwad Bijapur, Gulbarga, Raichur,
Mysore, Mandya, Chitradurga, Shimoga,
Cliikkaballapur & Uttara Kannada, Bagalkot, Cadag, Bidar, Koppal)
Hassan, Kodagu, Bellary, Davanagere)
Bangalore) Chikkamagalur, Udupi) Haven)
Chamaraj anaar)
SL Si. Si. Si. Si. SI.
Post Nos Post Nos Post Nos. Post Nos. Post Nos. Post Nos.
No. No. No. No No No.
I S.P.:- 1 S.P.:- S.P.:- S.P.:- S.P.:- 1 S.P.:- 1
1 1 I 1 i
Steno 1 Steno 1 Steno 1 Steno 1 Steno 1 Steno 1
1 1 1 1 1
AHC 1 AHC 1 AHC 1 AHC 1 ARC I AHC 1
Driver Driver Driver Driver Driver Driver
2 2 2 2 2 2
APC 2 APC 2 APC 2 - APC 2 APC 2 APC 2
Dalayath 1 Dalayath 1 Dalayath 1 Dalayath 1 Dalayath 1 Dalayath 1
Comp. 1 Comp. 1 Comp. 1 Comp. 1 Comp. 1 Comp. 1
Operator Operator Operator Operator Operator Operator

D.S,P,:- 2 D.S.P.:- 2 D.S,P.: - 2 D.S.P.:- 2 D.S.P.:- 2 D.S.P.:- 2

II II
APC 2 APC 2 APC 2 APC 2 APC 2 APC 2
Driver Driver Driver Driver Driver Driver
1 1 1 1 1 1
APC 2 APC 2 APC 2 APC 2 APC 2 APC 2
2 2 2 2 2 2
CHC 2 CHC 2 CHC 2 CHC 2 CHC 2 CHC 2
CPC 6 CPC 6 CPC 6 CPC 6 CPC 6 CPC 6
WPC 2 WPC 2 WPC 2 WPC 2 WPC 2 WPC 2
P.1.:- 2 P.1.:- 2 P.1.:- 2 P.!.:- 2 P.!.:- 2 P.1.:- 2
111 III III III
APC 2 APC 2 APC 2 APC 2 APC 2 APC 2
Driver Driver Driver Driver Driver Driver
1 1 1 1 1 1
PSI PSI 4 " PSI 4
2 2 2 2 2 2
CHC 2 CHC 2 CHC 2 CHC 2 CRC 2 CHC 2
CPC 2 CPC 2 CPC 2 CPC 2 CPC 2 CPC 2

TOTAL 35 TOTAL • 35 TOTAL 35 TOTAL 35 TOTAL 35 TOTAL 35

65
Kamataka State Human Rights Commission

One vehicle Hundai Verna has been provided to the IGP and one Tata Sumo has been
provided to the Dy.S.P. and one two wtteeler nas been provlaea w investigation
division for serving nofices. The investigation division has requested for space and
infrastructure facilities and since the space has been provided by the Government

recently, necessary action would be take provd sutmii't vaiiabie space to the
investigation division, The Commission has requested. the Government to provide funds
for purchase of additional vehicles to the investigation division. The Investigation
Division has requested for providing one Scorpio, two Bolero two Pulsar (two wheeler)
and five other two wheelers. During the year 2010-11 a total of 208 cases were referred
to the Investigation Division and including the case that were referred in the previous

year, the total number of cases come to 261. Out of which 227 cases investigation has
been completed and necessary reports have been submitted to the Commission. The
balance pending is 34 cases. The month wise details are given below.

Reports
Received the submitted from
Pending cases
Si• cases from 01.04.2011 to
Month & year as on
No. 01.04.2011 to 31.03.2011
31.03.2011
31.032011 (including
previous cases)
1. April-2010 31 18 --
2. May-2010 30 16 --
3. June-2010 19 56 --
4. July-10 20 20 --
5. August-10 23 28 --
6. September-10 12 12 --
7. October-10 14 18 01
8. November-10 13 19 03
9. December-10 13 34 03
10. January-11 09 20 03
'11. February-il 10 20 10
12. March-11 14 -- 14
Total 208 261 34

66
 Fourth Annual Report 2010-li

During the year the investigation division has conducted spot inspections and
raids as follows:

Details of Reasons for inspection /

Si. . . . ,
Police station Date Commission s
No. raids
officer
Shankarapuram Police 03.04.2010 Dy.S .P. & staff Smt. Prernavati, Editor,
Station Janateerpu weekly
HRC No.2428/10 newspaper, No.18, 5th
Cross, Azadnagar,
Bangalore had complained
that her son Sri. Manjunath
had been kept in illegal
detention in the police
station.

2. Devanahalli Police 14.04.20 10 Dy.S.P.& Staff Sri. Marappa, Sb.

Station Manjunath, Harijana
HRC No.2638/10 Colony, Devanahalli Town
his brother Sri. Nandeesh,
Doddaiah and others had
been kept in Devanahalli
police station and were
tortured.

3. Karnataka State 21.04.20 10 Dy.S.P.& Staff Sri. Vivekariarida had

Human Rights misused the symbol of
Parishat, Anandrao State Human Rights
Circle, Bangalore Commission and had
HRC No.254/10 issuing receipts and thereby
cheating the public.

4. Jayanagar Police 03.05.2010 IGP & Staff In a complaint

Station M/s.SICHREM, a NGO
stated that Jayanagar Police
HRC No.3242/10 Station had kept nine
persons in illegal detention

5. New Life Center for 29.05.2010 Dy.S.P.& Staff Children affected by

Girls, Bharathi Nagar, * drinking contaminated
Bangalore water in New Life Center
for Girls Organization
HRCNo.3855/10

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Karnataka State Human Rights Commission

6. Soladevanahalli Police 10.06.2010 Dy.S.P.& Staff Smt. Sujata, C/o.

Station Shivakumar, Hesaraghatta,
HRC No.4202/10 Vinayakanagar, Bangalore
had complained that her
husband Shivakumar had
bee:i kept in illegal
detention from 05.06.2010
in Soladevanahalli police
station.

7. Balagangadharnatha 28.06.2010 Hon'ble The farmers and former

Swamy Hospital, Chairperson, leaders were lathi charge by
Bangalore and Central Members and the police and human
Prison, Bangalore IGP, Dy.S.P. protestors were ill-treated
and staff and thereafter they have
HRC No.4571/SM- been arrested and those
1061/10 injured had been admitted
in the BGS Hospital and
thereafter they have kept in
the Central Prison.

8. JnaiiabharatiPolice 09.07.2010 Dy.S.P. & staff Sri. Gopal Kamath of

Station M/s.Falad Agro Research
Foundation Pvt. Ltd.,
HRC No.4923/10 Bangalore had been taken
by the personnel of
Jnanabharathi Police
Station on a day prior to
01.07.2010 and kept in
illegal detention.

9. Jagajeevanramnagar 23.07.2010 Dy.S.P.& Staff Smt. Savita, C/o. Mahendra

police station Kumar, No.70, Pillamma
HRC No.5305/10 Block, Srirampuram,
Bangalore had been kept in
illegal detention by
Jagaj eevanramnagar police
on 22.07.2010

10. Mahalakshmipuram 16.08.2010 Dy.S.P. & staff Sri. Abbaram,

Police Station kaj agopalnagar, Bangalore
HRC and Sri. Satulal,
No.5911&5912/10 Hegganahalli, Bangalore
had complained that Sri.
Mahendra Kumar and Sri.
Ashok had been kept in

68
 Fourth Annual Report 20 10-1 1

illegal detention from

13.08.2010 at
Mahalakshmipuram Police
Station

11. Destitute 19.08.2010 Hon'ble It was reported in the media

Rehabilitation Center / to Chairperson, on 15.08.2010 that inmates
Beggars Colony, 21.08.2010 Members and of destitute rehabilitation
Magadi Road, IGP, Dy.S.P. center/beggars colony,
Bangalore and staff Magadi Road, Bangalore
HRC No.5978/SM- died by consuming
1242/10 poisonous food.

12. Hanumanthanagar 09.09.2010 Dy.S.P. & staff Smt. Bhuvaneshwari, C/o.

Police Station Marutishankar shetty,
HRC No.6690/20 10 No.200, 3rd Main Road, 3rd
Cross Road, Bangalore had
complained that her son Sri.
Srinivas had been kept in
Flanumanthanagar Police
Station in illegal detention
for seven days.

13. Sri. Someshwar 09.09.20 10 Dy.S.P.& Staff It was complained that

Temple, Ulsoor, BBMP and other authorities
Bangalore were evicting houses and
HRC No.6689/20 10 shops which were located
near the Shree Someshwar
Temple, Ulsoor, Bangalore.

14. Baiyappanahalli 15.09.2010 Dy.S.P.& Staff M/s.SICHREM, a NGO

Police Station had complained that one
HRCNo.6794/10 Sri. Rajesh, No.151, 5th
Cross, 1st Main,
B aiyappanahalli, Bangalore
had been kept in illegal
detention from 13.09.2010
at Baiyappanahalli Police
Station.

15. Bruhat Bangalore 23.09.20 10 Dy.S.P.& Staff On the oral instructions of

Mahanagar Palike R.H. Raddi, Hon'ble
office, Hudson Circle, Member, KSHRC it was
Bangalore complained that Dalit
Action Committee workers
in order to get their

69
Kamataka State Human Rights Commission

demands conceded were

pouring dirt themselves at
BBMP Office, Hudson
Circle, Bangalore.

16. Banaswadi Police 27.09.2010 Dy.S.P.& Staff Sri. M. Murthy, No.171,

Station 12th Cross, 'B' Block, 2
Main, B.D.A. Janakiram
HRC No.7042/10 Layout, Bangalore-84 had
complained that his son Sri.
Magendir had been kept in
illegal detention by
Banaswadi Police Station.

17. Koramangal Police 04.10.2010 Dy.S.P.& Staff Sri. R.M. Ramesh, Sb.
Station Muniswamy, Rayasandra
Village, Huskur Post,
Anekal Taluk, Bangalore
had complained that one
Sri. Narayan had been kept
illegally by Koramangal
police station and was
tortured.

18. Yelahanka Police 20.11.2010 Dy.S.P.& Staff The complainant Sri.

Station Mohan Kumar, Sb.
Gangadharappa, Yelahanka
HRC No.7938/10 New Town, Bangalore in
his complaint had stated
that his brother Sri. Ashok
Babu had been kept in
illegal detention at
Yelahanka Police Station.

19. Baiyappanahalli 26.11.2010 Dy.S.P.& Staff The complainant Sri.

Police Station Jagadish Kumar A.M.,
HRC No.8091/10 Advocate, Ayyappanagar,
K.R. Puram, Bangalore in
his complaint had stated
that one Narayanaswamy,
S/o. Krislmappa had kept in
illegal detention in
Baiyappanahalli police
station from 23.11.2010.

70
 Fourth Annual Report 2010-11

20. Avalahalli Police 21.12.2010 Dy.S.P.& Staff Smt. Lurdumery,

Station, Bangal ore Chikkabasavanapura,
District Veergonagar, Bangalore in
HRC No.8690/10 her complaint had stated
that her husband Muniraju
had kept in illegal detention
from 18.12.2010 by police
sub-inspector and was
tortured.

21. Amruthahalli Police 22.12.2010 Dy.S.P.& Staff Sri. Prakash Karyappa,

Station SICHREM, Bangalore in
HRC No.8737/10 his complaint stated that
Sri. Manikantan and Gopi,
PSI, Amruthahalli Police
Station kept Srinivas &
Others in illegal detention
in the lockup and has given
mental torture.
22. Yelahanka Police 18.01.2011 Dy.S.P.& Staff Sri. Dolaram, Ramesh and
Station of Sri. Bhagavan Ram had
HRC No.372/il Investigation been kept in illegal
Division detention in Yelahanka
Police Station.
23. Kengeri Police Station 20.01.2011 Dy.S.P.& Staff Smt. Lakshmi in her
HRC No.453/li of complaint had stated that
Investigation her brother Sri. T.K. Raju
Division had been kept in illegal
detention in Kengeri Police
Station.

24. Bannerughatta Police 25.01.2011 Dy.S.P.& Staff Smt. Shylaja in her

Station of complaint had stated that
HRC No.519/li Investigation her husband Sri. Shobhan
Division Babu had kept in illegal
detention by Bannerughatta
Police Station.

25. Jeevanbheemanagar 29.01.2011 Dy.S.P. & It was complained that Sri.

Police Station Staff of Murali Kamath had been
HRC No.592/li Investigation arrested by
Division Jeevanbheemanagar Police
Station and no information
was given to anybody.

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Karnataka State Human Rights Commission

26. Baimerughatta 29.01.2011 Hon'ble It was reported that a store

HRC No.748/SM- Chairperson, house building which was
152/11 c/w. 767/SM- Members, IGP, under construction collapse
171/11, 776/SM- Registrar, and labourers died.
172/1 1, 779/SM- Dy.S.P. and
178/11 staff of
investigation
division
27. Central Prison, 07.02.2011 Dy.S.P. & The complainant Sri. S.
Parappana Agrahara, Staff of Kumar stated that his sons
Bangalore Investigation are under prisoners in
HRC No.801/i 1 Division Parappana Agrahara
Central Jail and the jail
staff had attacked them.
28. MICO Layout Police 10.02.2011 Dy.S.P. & MICO Police Station had
Station Staff of kept Sri. Parveen in illegal
HRC No924/1 1 Investigation detention.
Division
29. Hennur 17.02.20 11 Hon'ble It was reported that the
HRC No.1088/SM- Chairperson, Church at Hennur had been
200/11 to 1095/SM- Members, IGP, attacked by miscreants.
207/11 Registrar,
Dy.S.P. and
staff of
investigation
division
30. Central Crime Branch 19.02.2011 Dy.S.P. & Smt. Doddamma had
HRC No.1112/il Staff of complained that the CCB
Investigation police had arrested her
Division children and tortured them.
31. Halasur Police Station 25.02.2011 Dy.S.P. & It was complained by
HRC No.1322/li Staff of Ramsingh that his brother
Investigation Tejsingh had kept in illegal
Division detention in Halasur Police
Station.
32. Hulimavu Police 07.03.2011 lOP, Dy.S.P. Sri. Thimmachar and Sri.
Station and staff of Srinivas had complained
HRC No.1518/li investigation that Sirinity Rehabilitation
division Center had kept them in
illegal and were given
mental and physical
tortured.

72
 Fourth Annual Report 2010-11

33. Mahadevapura Police 26.03.2011 Dy.S.P. & Sri. Prashanth Sahu in his
Station Staff of complaint had stated that
HRC No.1998/li Investigation his brother Sri. Pradeep
Division Sahu had kept in illegal
detention in Mahadevapur
Police Station.

34. Kengeri Police Station 29.03.20 11 Dy.S.P. & Smt. Zeenat Banu had
HRC No.1998/il Staff of complained that her son
Investigation Siddiq Pesh Mubaraq had
Division been kept in illegal
detention by Kengeri Police
Station.

35. Sumanahalli 31.03.2011 Hon'ble The place where

Rehabilitation Center Chairperson, Bagegowda layout
HRC No.4125/li Members, IGP, residents have lost their
Registrar, houses because all the
Dy.S.P. and action of KIADB.
staff of
investigation
division

Spot Inspection and Raids are conducted are as follows:

Si. No. Month No. of cases

1. April 03
2. May 02
3. June 02
4. July 02
5. August 02
6. September 05
7. October 01
8. November 02
9. December 02
10. January 05
11. February 05
12. March 04
Total 35

73
Kamataka State Human Rights Commission

THE STATUS OF THE CASES AS AT THE END OF MARCH 2011

REPORTED IN THE ANNUAL REPORT 2007-08

1. HRC.16/C.R./2007 Dt.29.09.07
(HRC/16/IGPI2007-08)

A complaint has been given to the Commission by Sri. Prem Kumar, Sb.
Chikkagundu, C/o.Sri. Swamy, Mugunur Colony, Malavalli Taluk, Mandya
District stating that the officers and staff of Nanjangud Police Station have
tortured and harassed him. The Commission has asked the inspection wing to
conduct enquiry and report. The inspection wing has personally visited
Nanjangud Police Station to conduct enquiry of the concerned officers and staff
and recorded the statements of the concerned officers and staff and the
complainant after enquiring them. The complainant has mentioned the names of
some witnesses and the enquiry report after finding out their addresses and
visiting that place.

The Final Orders have been passed on 07.08.2009 recommending to the

Government of Karnataka in Home Department to pay a sum of Rs.50,000I- as
compensation to Sri. Premkumar which amount could be recovered frccm the
police personnel responsible for causing injuries to Sri. Premkumar. The
compliance report is awaited.

2. HRC.49/2007 Dt.29.9.07
(HRC/12/SHO.5A12007-08)

A complaint was made by Smt. Zahera Bi, W/o. Dasthagiri Sab that her
son Fiaz was tortured by the staff of Basaveswaranagara Police Station and the
Commission asked the investigation wing to conduct enquiry and report. The
investigation wing has recorded the statements of Riyaz Sb. Dasthagiri Sab on
5.12.2007 and Smt. Zaherabi on 6.12.2007 and received the medical report given
by the doctors from YasufAli, their Counsel on 24.12.2007.

The case has since been disposed by the Full Bench of the Commission on
08.09.20 10 stating that no violation of Human Rights was taken place.

THE STATUS OF THE CASES AS AT THE END OF MARCH 2011

REPORTED IN THE ANNUAL REPORT 2008-09

1. HRC.647/SM/46/2008 Dt.28.02.2008
(HRC/IGP /2/2008 Dt.28.02.2008)

The investigation wing of the Commission visited Government Bala

Mandir, Women & Child Welfare Department, Hosur Road, Bangalore on
28.2.2008 & 29.2.2008 and enquired the Supervisor of the Institute. It has come

74
 Fourth Annual Report 20 10-11

to the notice that many children of outside States were unauthorisedly kept
without rehabilitating them and without sending them to their respective States.

The Commission directed the Principal Secretary of the Home Department

to find out the officers who were directly or indirectly responsible to the delay in
sending 42 boys and 3 girls to their parents and awarded the following
compensation:

(a) If the delay is for one year or above one year — Rs. 15,000
(b) If the delay is six months or above six months or less than one year —
Rs. 10,000
(c) If the delay less than six months — Rs.5,000

Although fmal orders have been passed on 24.06.2008 the Principal

Secretary, of the Home Department has not sent the compliance report.

2. HRC No.194/2008, Dt. 19.05.2008

(HRC/IGP/13/2008, Dt. 29.05.2008)

Sri. B. Ramachari, Complainant has alleged the Police Sub-Inspector of

Doddaballapur Town Police Station and Chamarajapete Police Station Police Sub-
Inspector, Bangalore have uimecessarily manhandled the Gold and Silver
merchants and other workers. The Inspector General of Police of the Commission
conducted the enquiry and found that two P.S.I. had given contradictory
statements and has recommended for taking action against them. Since, action has
been proposed in the investigation report and an opportunilLy has been given to the
concerned police officers and one of them had submitted his statement.

The Single Bench-Ill has passed final order on 17.07.2009 and compliance
report is not received from the Director General of Police, Karnataka State.

3. HRC No.120/2007, Dt. 21.07.2008

(HRC/IGP/27/2008, Dt. 23.07.2008)

This is a complaint by Sri. Boraiah, 3C Main, Kamalanagar, Bangalore city

stating that his son Jagadeesh Kumar was manhandled on 26.10.2007 by the
Police Inspector, Basaveshwaranagar Police Station. After investigation, the
investigation wing of the Commission has submitted the final report
recommending action against the Police Inspector Sri. B. Shamanna, D.C.P.
Sri. Sharath Chandra and A.C.P. Sri. R. Kumarswamy.

The matter has since been disposed on 11.08.2009 by Division Bench-IT

recommending for disciplinary action against the Police Inspector Vijayanagar
Police Station and awarding compensation of Rs.10,000 to Sri. Sadhashiva
Murthy.

75
Kamataka State Human Rights Commission

The Commissioner of Police has ordered necessary disciplinary action

against the concerned police officers. Regarding the payment of compensation,
compliance report is awaited.

4. HRC No.2557/SM-458/2008, Dt. 08.08.2008

(HRC/IGP/32/2008, Dt. 12.08.2008)

It has been complained that Police Inspector, Hanumantanagar Police

Station and his staff illegally detained Kiran and others and same was referred to
investigation division of the Commission. When the investigation division raided
Hanumantanagar Police Station, Kiran, Anthony Siril and Suresh were found
having been illegally detained violating the orders of the Hon'ble Supreme Court
of India. The investigation division has recommended suitable action against P.1.
Sri. Vasudev Nayak and his staff

After completion of enquiry, the final order has been passed on 04.10.2010
stating that no violation of Human Rights was taken place.

5. HRC No.2686/2008, Dt. 16.08.2008

(HRC/IGP/33/2008, Dt. 23.08.2008)

This is a complaint against High Grounds Police Inspector Sri.Lokeshwar

and his staff by Smt. Syed Hafeez All stating that the above mentioned police
officer and his staff raided their hotel and manhandled their staff as well as the
owner. The investigation division of the Commission has found that P.1.
Sri. Lokeshwar and P.S.I. Lakshmidevi have manhandled the hotel owner and his
staff and they have corrected the station's diary and not followed the orders of the
Hon'ble Supreme Court of the India.

The case has since been disposed on 04.10.2010 holding no violation of

Human Rights was taken place.

6. HRC No.2838/08, Dt. 02.09.2008

(HRC/IGP/43/2008, Dt. 10.09.2008)

This is a complaint by Sri. Prakash Kaiyappa of SICHREM that C.C.B.

police have tortured mentally and physically one Arun Kumar by keeping in an
illegal detention. The matter has been investigated and the report furnished to the
Commission.

Final orders have been passed on 05.08.2009 awarding Rs.1.00 lakh

compensation to Sri. Arun Kumar. The compensation has since been paid on
11.02.2010, but whether the departmental enquiry as recommended by the
Commission has been initiated has not been reported by the Commissioner of
Police, Bangalore city.

76
 Fourth Annual Report 2010-11.

7. HRC No.965/2008:
(IGP/HRC/5/2008, Dt. 31.03.2008)

On the direction of the Commission, the Investigation Wing of the

Commission visited the Central Prison, Parappana Agrahara on 02.04.2008 and
found that some of the under trial prisoners in Parappana Agrahara Central Jail
were less than 18 years of age.

Final orders have been passed on 01.03.2010 directing the Addi. Chief
Secretary and Principal Secretary to the Government, Home Department to pay a
sum of Rs.10,000/- as compensation for violation of human rights of the children
to the parents of each of the 20 accused juveniles which are mentioned in the
report of the Inspector General of Police, KSHRC. It was also further directed
that IGP, KSHRC directed to furnish the copies of all the depositions recorded by
the investigation wing of the Commission in the course of the enquiry to the
Director General and Inspector General of Police, Government of Karnataka for
his reference. The compliance report is still awaited.

8. HRC No.4357/2008, Dt. 03.12.2008

(HRC/IGP/74/2008, Dt. 04.12.2008)

Sri. Prakash Kariappa of SICHREM had complained that Indiranagar

Police Inspector had illegally detained Sri. Janardhan & his wife
Smt. Varalakshmi and harassed them. The investigation division has found Police
Inspector Sri. Thorate, A.S.I. Sri. Prem Singh, H.C. Sri. Subramani and P.C.
Sri. Harinath Shetty having harassed Sri. Janardhan & his wife and has
recommended for disciplinary action.

The case has since been disposed by the Single Bench-Ill on 23.09.2009
directing the Director General and Inspector General of Police, Government of
Karnataka to take disciplinary action against police officers who are responsible
for keeping Sri. Janardhan and Smt. Varalakshmi under illegal custody and
thereby violating their human rights. The compliance report is still awaited.

9. HRC No. 4673/SM-940/2008, Dt. 13.01.2009:

It was reported in the press that a prisoner by name Sri. Bhaskar who had
been brought for enquiry to Hanumantanagar Police Station had committed
suicide by hanging himself to the fan because of the tortured and manhandling of
the police. The Hon'ble Chairperson of the Commission and Inspector General of
Police visited the police station and inspected the materials that were there and
seized the documents and thereafter, the matter has come up before the Full Bench
of the Commission for enquiry.

77
Kamataka State Human Rights Commission

Final order has been passed on 15.10.2010 making four specific

recommendations to, the Home Department. The Compliance report is still
awaited.

10. HRC No.110/SM-30/CR12009:

(IGP/HRC/11/09, Dt. 15.01.2009)

On 15.01.2009 it was widely reported in Kannada and English daily

newspapers that one prisoner by name Arun Kumar who was brought to the
Frazer Town Police station for enquiry, on 14.01.2009 died while in police
custody. The Commission registered a Suo-Motu case and two of the Members of
the Commission visited the police station and conducted the enquiry.

Final order has been passed on 01.10.2010 holding the police officers
responsible for the incident and the Director General and Inspector General of
Police was asked to take departmental enquiry. The compliance report is still
awaited.

THE STATUS OF THE CASES AS AT THE END OF MARCH 2011

REPORTED IN THE ANNUAL REPORT 2009-10

1. HRC No.1596/2009, Date: 3-04-2009.

(IGP/HRC/44/09 Dated: 24-04-09)
2. HRC No.1627/2009, Date: 6-5-2009
(IGP/HRC/53/09 Dated: 06-05-09)

The complainant U.M. Rafiq has stated in the complaint that his son
Master Shahul Ibrahim, aged about 10 years at the relevant point of time, was
studying in the 5th Standard at Barry's Public School, Ullala. On 18.03.2009 at
about 4.30 p.m. Shahula Ibrahim was returning home on a bicycle after attending
the tuition class, while he was riding the bicycle in front of Primary School,
Sri. H. Shivaprakash, PSI, came near the boy and started beating him mercilessly
without disclosing any reason. On account of the severe beating, Shahul Ibrahim
suffered shock and injury and he was rushed to a private hospital for treatment
and the boy had his annual examination on 19.03.2009 but on account of this
incident he could not attend the examination. The complainant has therefore filed
a complaint against Sri. Shivaprakash, PSI of the Ullala Police Station and
requested for justice.

Both these complaints have been registered as above and the Inspector
General of Police of the Commission was directed to investigate and submit the
report. The investigating division has submitted its final report to the Commission
on 2 1.05.2009. Both these complaints have been taken together and disposed on
18.11.2009. The Commission has recommended to register a case against the PSI
Sri. H. Shivaprakash, Ullala Police Station and refer to the COD and further
recommending for taking disciplinary action and shifting him out of Dakshina

78
 Fourth Annual Report 2010-11

•Kannada District and further directed that the parents of boy Shahul Ibrahim
should be given compensation of Rs.25,000/- for medical expenses and this sum
of money may be recovered from the salary of Sri. H. Shivaprakash, PSI.

The Secretary to Government, Home Department has taken action as

ordered by the Commission and reported compliance.

3. HRC No.4031/2008, Date: 8-9-2009

IGP/HRC/115/09 Date: 22-9-09

The Complainant Smt. Gangavva F. Galappanavar was working as a

Conductor in North-Western Karnataka Road Transport Corporation, Gadag Unit.
At that time the Traffic Inspector Sri. Ashwathnarayana Reddy called her to his
house and raped her. Thereafter, he has promised to marry her and accordingly he
married her in a temple. Later he was transferred to Bangalore Rural Division and
married some other girl and thereby cheated the complainant. She therefore
complained to the Commission and the case was registered and referred to the
investigation division to the Commission and they in turn submitted final report
on 05.02.2010 and the case is disposed of on 19.05.2010 with a direction to the
Superintendent of Police, Gadag to look into all the documents and conduct
detailed enquiry into the matter.

The compliance report is not yet received from the Superintendent of

Police, Gadag.

THE IMPORTANT CASES IN WHICH ORDERS ARE PASSED / RESERVED

FOR ORDERS DURING THE YEAR 2010-11

1. HRC No.2688/2010:

'.1"he complainant Sri. Raju, Sb. Ramachandrappa Vadekar, Sri. Uttappa,

Sb. Bhemesh Buddanal and Sri. Kamalakar, 5/0. Anandappa Shivanoor in their
complaint have stated that resident of Tarfail, Gulbarga city and many of the residents
were working at MSK Millas, Gulbarga and after the closure of the mill these people are
suffering as they are only doing daily wages work. It was reported that one Sri. Shankar,
brother of Krishxw, Sb. Hanumanthappa Badal was murdered eight months ago of some
miscreants and the direct witness Krishna was also murdered on 29.09.20 10 at about 7
p.m. near Maya Wine shop and the said Krishna was residing at Tarfail area and at about
9 p.m. Superintendent f Police, Gulbarga, Additional Superintendent of Police, Deputy
Superintendent of Police and other police officers came near the house of Krishna and at
that time 100-150 people were gathered, thrown stones to police vehicles when the
situation going out of controi police resorted to lathi charge, tear gas and firing in the air
and registered the complaints and they arrested 68 innocent people and although the
deceased Krishna did not belonging to Schedule Caste police have taken action against
them. The investigation division has after investigation has recommended that the

79
Karnataka State Human Rights Commission

officers in order to control the crowd should follow the guidelines issued in the police
manual.

The case is reserved for orders.

2. HRC No.3242/2010:

Sri. Prakash Kariyappa of SICHREM on 03.05.2010 appeared before the

Commission office and stated that about 2Y2 months back there was a theft of book
valued at Rs.45,000 at Book Paradise, Book Store, Shanthinagar and Khalid, Anwar and
Akram age between 20-22 years and residents of Tharkhand were taken into custody by
the police of Jayanagar Police and did not registered any case and in the complaint it was
stated that they had violated the human rights and therefore complained against
Jayanagar Police Inspector and his staff.

The investigation division of the Commission after enquiry recommended that

police Inspector Sri. C. Gopal, Police Sub-Inspector Sri. B.M. Shivakumar and Sri. T.T.
Krishna and staff of Crime Division viz. Channamallegowda, HC-4056, Sn. Raju, HC-
2102, Sri. Siddaiah, PC-8211, Sri. Vinay Kumar, PC-4511, Puttaswamy, PC-9167 and
Sri. Mohammed Jabivulla, PC-10332, the disciplinary action against these officers and
was also recommended for suspension of these police personnel. The Division Bench of
the Commission after going through the documents and investigation report has passed
final order on 25.10.20 10 and recommended to the Secretary to the Government, Home
Department to initiate departmental enquiry against the above mentioned officers and
pay a compensation of Rs.25,000 to each of the illegally detained 9 persons within one
month from the date of receipt of this order and the compensation so paid to the 9
detainees may be recovered from the 9 police officials of Jayanagar Police Stationf
they are so advised.

The compliance report is still awaited.

3. HRC No.3683/2010:

The Hon'ble Chairperson of Children Rights Commission had give' a letter to the
7th
Human Rights Commission that one Nagaraj Naik of 14 years 5piying in the
standard had died in suspicious circumstances in the boys balamandirof Bangalore. The
uncle of the deceased boy Sri. R. Vishwasagar had complaint to Lie National Human
Rights Commission on 08.08.2008 and same was transferred tc Commission by
National Human Rights Commission. After holding enquiry ti investigation division
recommended to the concerned authority that these children si-uld be sent back to their
parents as early as possible and investigation division f0 ed dereliction on duty of
Juvenile Board Chairman and Members and thereforf recommended for taking
disciplinary action against them.

The matter after holding enquiry is reserved for ,rders.

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 Fourth Annual Report 2010-11

4. HRC No.3855/2010:

The complainant Sri. Prakash Kariyappa, SICHREM, a NGO in his complaint

dated 28.05.2010 has stated New Life for Girls for girls at Bharathinagar had kept 65
children of the age 5-15 years illegally and of them 18 children are from Assam, Manipur
and Mizoram States. Among the children 23 children were suffering from Calara and
they had been admitted in Isolation Hospital and none of these children are orphans.
Furthei in his complaint stated that this institution is working illegally. The complaint
was registered by the Commission and direction was issued to the investigation division
to hoid investigation and submit a report. According to the report, the new life center for
girls had not been recognized by the Social Welfare Department or Women and Children
We1.'are Department of Government of Karnataka and the institute was running without
anypermission with them. The investigation division recommended that the Women and
Chldren Welfare Department and the Social Welfare Department officers should visit
the institute and take appropriate action.

The Commission passed final orders on 01.10.2010 recommending the Women

and Children Welfare Depai tiiient to take appropriate action in the matter.

5. HRC No.3889/2010:

The complainant Sri. A.G. Hameed Umri has quoted the report appeared in
Kannada Prabha newspaper on 28.02.2010 under the caption ' and
stated that the people belonging to Muslim community were protesting in Shimogi city
rising slogans against the Government and editor of the newspaper and all .f a sudden
police officers are started to lathi charge and also order for firing, due to police fire one
Sadiq died and two persons Abdul Latif and Lokesh were attacked by the miscreants and
died on 02.03.2010. In this disturbances many Muslim and Hindu shops, vehicles and
houses were attacked. Police in uniform were silent spectators when shops belong to the
Muslim community people were being ransacked and did not take any action to control
the disturbances. The matter was investigated by the investigation division which
recommended that Superintendent of Police, Shimoga may be suitably instructed to take
action as per section Karnataka Police Manual Volume-2, Chapter-XXVI and should not
give room for such an incident again. Necessary instructions may be given to the
Director General and Inspector General of Police. This report has been submitted on
26.02.2011 and the matter is under consideration by the Commission and reserve for
orders.

6. HRC No.4202/2010:

The complainant Smt. Sujata has stated that her husband Sri. Shivakumar was
arrested on 05.06.2009 at about 11 p.m. by the Soladevanahalli Police, but they have not
produced him before the jurisdictional, magistrate and has been tortured in the police
station and have not followed the Supreme Court directions regarding the arrest and
therefore the complainant filed a complaint that her husband in illegal detention.

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Kamataka State Human Rights Commission

It was reported by the investigation division lha.t Soladevanahi1li Police Sub-

Inspector Sri. Venkatachalaiah had not followed Supreme Court direct'ns regarding
detention. The matters is reservc d for order by the concerned bench of the Cc'mmission.

7. HRC No.4489/2010:

Sri. R. Manohar of SICH REM quoted the reports appeared in The Hin1u, DNA,
Deccan Chronicle, Deccan Herald, Indian Express, Prajavani, Vijaya Kamatak.i and
other newspapers has com1?laned that one Lokesh @ Loki, age 25 , Pears of
Narayanapura died when he was in police custody on 21.06.2010. He had been 3rrested
on 11.30 a.m. by Hennur police in connection with a theft case that had been registered
in May 2010. When he was enquired by the police, during investigation he had stated
that he and his associates have sold the commodities they have stolen at Salem. When
the police were taking into Tamil Nadu he suffered from vomiting and loose motioi. and
therefore admitted to hospital at Dharmapuri and when he was brought back he died at
11.30 p.m. at Mediscope Hospital, Bangalore. The Deccan Herald newspaper 1 ad
reported that the said Lokesh had arrested 4 days back and had not been produced befcTe
the jurisdictional magistrate. He had been given treatment at a private hospital at
Dharrnapuri and since the situation is serious he died and he was admitted to a private
hospital, Bangalore and not admitted to a Government Hospital, his arrested was not
been informed to his relatives and therefore requested for detailed enquiry and take
action to suspend all officers concern ed.

The investigation division conducted an investigation and held that

Sri. Hanumantharaya, Police Inspector, Sri. Lakshmikanthaiah, Police Sub-Inspector,
Sri. Shivanna, HC-2583, Sri. Kumar, PC-5570 and Manjunath, PC-7858 have showed
dereliction duty and was responsibli for the death of Lokesh when he was police custody
and therefore, recommended fc r appropriate action to Bangalore city Police
Commissioner. The Commission is holding enquiry and has reserved the case for orders.

8. HRC No.5978 to 5988/SM! 1242-1252/2010:

The Hon'ble Chairperson cf the Commission along with investigation division

took note of the death of beggar who had been admitted to Beggars Relief Center
because of various diseases. The Hon'ble Chairperson along with officers of the
investigation division visited the B ggars Relief Center and directed the investigation
division to hold detailed enquiry and submit the report. During the enquiry was reported
that the Sri. C.N. Manjegowda, Cha irman, Central Relief Committee had been relieve
from his charge arid Sri. K.A. Ran kalingappa had been appointed in his place. The
investigation division has submitted its report and the matter is under consideration of
the Commission.

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 Fourth Annual Report 2010-11

9. HRC No.7042/2010:

Sri. M. Murthy in hit; complaint stated that on 27.09.20 10 that he has two male
children Magendra and M agsh and on the night of 25.09.2010 at about 10.30 p.m. two
police personnel from Ban aswadi police station came near his office and took him and
his son forcibly to the poLice station and beat them without holding any enquiry and
forced him to accept their fiult in the case of a missing girl since the they did not give
any information about missAng girl they refused to accept the what the police wanted.
The police used bad words nd threatened that the entire family will be arrested. Then
released him but kept his son Mihentha in their own custody. He had therefore requested
for releasing his son from the police custody.

The investigation division after holding enquiry stated in its report that Police
Inspector Sri. Sakri and Police S ib-Inspector Sri. Byrappa were trying to search for
Accused in case No.519/10 and in connection with that enquiry called father of the
Accused Sri. M. Murthy and his broiher Sri. Mahendra but no enquiry had been made by
P.1. Sakri or P.S.I. Byrappa, A.S.I. Ramanna and Madaiah in the station house diary and
therefore they have violated the directions of the Supreme Court regarding keeping
people in custody. The investigation division recommended that necessary instructions
may be given to the police officers and close the case. The Commission having examined
the complaint, report and give permission to the police officers to give their statements
under section 16 of the Human Rights Protection Act. The concerned police officers have
gave their statement and mentioned that they have already filed the charge sheet in the
jurisdictional court. Since illegal detention had not been mentioned in the compliant and
since charge sheet has already been filed, the Commission in its order instructed the
concerned police officer to make all entries in the station house diary as per the
procedure laid down and passed final orders.

10. HRC No.519/2011:

The Complainant Smt. Shylaja stated that her husband Shoban Babachari working
in Kilari Road as a goldsmith work and Kumaraswamy Layout police had arrested him
and kept him in illegal custody for 5 days after known that her mother-in-law committed
suicide. Her husband was searching for job in the some other shops and had 12.30 night
of 20.01.20 11 Bannerughatta Police have arrested her husband and kept in illegal
custody. On instructions by the Commission, the Deputy Superintendent of Police of the
investigation division Sri. Shivamurthy along with this staff and complainant visited the
Bannerughatta police station on 25.01.20 1 1 and found that Sri. Shoban Babachari was
not in the police custody. The Police Sub-Inspector denies the illegal detention.

83
Karnataka State Human Rights Commission

The matter is under consideration of the Commission.

In other cases where final reports have been submitted by the Investigation
Division all are under consideration of various Benches of the Commission for passing
final orders.

The cases of torture, illegal detention, keeping juvenile offenders just like other
offenders in the police station are on increase. It is therefore necessary that the
investigation division of the Commission has to be strengthened. Since the head quarters
of the Commission is in Bangalore, the Commission is attending to the complaints that
are received mostly in Bangalore city and nearby places. There is no machinery to
investigate cases in other parts of the State. The Commission therefore proposed the
investigating units of the Commission to be organized in the range head quarters of the
police departments. It is considered view of the Commission that there should be an
investigating division in each of the District head quarters to effectively function and
give relief to the people in human rights violation cases. The Government has to consider
this case very seriously and sanction the proposal to organize District units of the
investigating division.

"Manava Hakkugala Varthe" which was started previous year continued by

Bangalore Doordarshan. This programme is an initiative taken by the Karnataka State
Human Rights Commission as well as Bangalore Doordarshan to create awareness
among the people of Karnataka on human rights. It is proposed to reduce the
effectiveness of this programme had a meeting of Hon'ble Chairperson, Members and
officers of the Commission and officers of the Doordarshan to make it more effective.

The World Human Rights Day was celebrated on 10th December, 2010 by the
Karnataka State Human Rights Commission. The Human Rights Day was inaugurated by
His Excellency Sri. Hans Raj Bhardwaj, the Governor of Karnataka, Sri. P.V. Reddy,
Hon'ble Chairman, Law Commission of India and Sri. Suresh Kumar, Hon'ble Minister
for Law, Parliamentary Affairs and Human Rights, presided as Chief Guests. Justice Dr.
S.R. Nayak, Chairperson of the Kamataka Human Rights Commission presided over the

84
 Fourth Annual Report 2010-11

function. The function was largely attended by former and serving Judges of the High
Court, President of the Karnataka State Consumer Redressal Forum, Members of the
judiciary, Advocates, Senior Officers of the Government including the Secretary to Law
Department, Representatives of Non-Government Organizations, Senior citizens and
Professors and Faculty Members of Bangalore University, students of Law Colleges and
a large number of general public.

Conclusion:

The Commission has brought out the problems it is facing in the three previous
Annual Reports. The Commission requires sufficient space as accommodation, sufficient
staff particularly in the investigation division and sufficient funds to carry out its
functions effectively. The Government has to consider these problems in proper
perspective to make human rights protection a reality. An analysis of the various enquiry
reports in which the Commission has passed its orders in the last four years reveal that
the Commission has considered all basic aspects of Human Rights such as Life, Dignity,
Shelter, Environment, Health, Education, the right to religion and passed many important
orders and make several recommendations to various authorities of the Government. One
of the novel methods that the Commission has adopted is to take up the suo-moto cases
on important aspects of human rights violation which are reported in the print media as
well as the electronic media. The Hon'ble Chairperson and Members have also taken up
suo-moto cases of the incidents that have come to their notice. The Commission inspite
of lack of staff has reached the nook and corner of the State and has created the
awareness among the people. The Hon'ble Minister for Law, Parliamentary Affairs and
Human Rights in his letter to the Chief Secretary has clearly mentioned that an
investigation wing of the Commission should be established on the lines of the
Lokayukta. Human rights violations referred to many issues which are connected with
human life. Unless we have an organized investigation division at least at the District
Head Quarters it would be difficult to take up cases where violations take place. The

work of the Karnataka State Human Rights Commission cannot be compared with the
PH- 040- E12

work of other Commissions. The functioning of this State Commission requires adequate
infrastructure facilities as the people are very much aware of their human rights

85
Karnataka State Human Rights Commission

violations and want immediate and effective relief. A study of the number of the cases
that have been registered and disposed indicate that most of the cases are from Bangalore
and places nearby. This is because the Commission is located in Bangalore and therefore
it is easy for the people to approach the Commission. But people in the distant parts of
the State are not in a position to approach the Commission easily because of the distance
and time factor. If a human rights violation takes place in a distant place like Bidar if
that incident has to be enquired by the Commission itself it would be difficult for any
officer of the Commission to reach that place and by the time they reach the incident
would have caused violation of human rights. It is therefore, necessary that an effective
investigation division is established at the District level as it has been done in the case of
Lokayukta. Hon'ble Minister for Law, Parliamentary Affairs and Human Rights having
understood this fact has mentioned this in his letter. But unfortunately Law Department
being the administrative department has not been able to follow what the Hon'ble
Minister has understood and mentioned in his letter.

Human Rights Protection is one of the fundamental requirements of any welfare

State. Keeping this in view the Governments have constituted the National Human
Rights Commission and State Human Rights Commission. The State Human Rights
Commission has not been given the necessary infrastructure facilities inspite of many
proposals made by it and also reports that have appeared in the print media as well as the
electronic media. It is hoped that the Government will consider these aspects and take
effective measures to make the Commission to function more effectively. The Karnataka
State Human Rights Commission has proposed several amendments to the Act and the
National Human Rights Commission has established a, committee in which Hon'ble
Chairperson of Karnataka State Human Rights Commission is a member and this
committee is going through the various amendmentsthat are required to make the State
and National Human Rights Commission to be more effective in protecting human
rights. The State Government should add its support to the amendments that are proposed
so that the union Government to come up with comprehensive proposal. Human rights
violation is taking place in increasing number. State Human Rights Commission earlier
had five members including the Chairperson but the amendment that has been made in

86
 Fourth Annual Report 20 10-1 1

the year 2006 reducing the number to three. The Kamataka State Human Rights
Commission in the four years of its existence is of the considered view that the
Commission should have five members including the Chairperson to deal with various
cases that come up before the Commission.

ustice Dr. S.R. Nayak)

Chairperson

(R.H ) 3ddi) (B. Parthasarthy)

Member Member

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 Fourth Annual Report 2010-11

PHOTOS OF VARIOUS PROGRAMMES OF THE STATE HUMAN

RIGHTS COMMISSION

KARNATAKA STATE HUMAN RIGHTS COMMISSION

"HU1AN RIGHTS DAY"
10-12-2010.
tSC oto 6 floC2fl

His Excellency Sri. Hans Raj Bharadwaj, Governor of Karnataka, Hon'ble

Chairperson Justice Dr. S.R. Nayak, Justice P.V. Reddy, Hon'ble Chairperson,
Law Commission of India, Sri. Sureshkumar, Hon'ble Minister for Law,
Parliamentary Affairs and Human Rights and Hon'ble Members of the
Commission Sri. R.H. Raddi, Sri. B. Parthasarathy participated on Human
Rights Day on 10.12.2010

KA STATE HUMAN

Hon'ble Chairperson and Members of the Commission lighting the lamp on

Human Rights day

89
Kamataka State Human Rights Commission

Hon'ble serving and retired Judges of the High Court being present on
Human Rights Day

Members of the State judiciary and Secretary, Department of Law,

Parliamentary Affairs and Human Rights, and President of Bangalore
Advocates Association at the Human Rights day

90
 Fourth Annual Report 2010-11

A section of the invitees including former Judges of the High Court at the
Human Rights Day

I 111111 1hlll
LIIIII\I(1I 1Ii1
KARNATAKA STATE HUMAN 7,
RIGHTS COMMISSION
"HUMAN RIGHTS DAY"
122010

Hon'ble Minister for Law Sri. Sureshkumar addressing the gathering on

Human Rights day

91
Kamataka State Human Rights Commission

RNATA
STATE HUMAN RIGHTS COMHISSIO

His Excellency the Governor of Karnataka addressing the audience at the

Human Rights day

Sri. Javid Pasha, Secretary of the Human Rights Commission welcoming the
gathering when the Commission met the representatives of the NGOs for a
consultation meeting held on 06.07.2011

92
 Fourth Annual Report 2010-11

A section of the audience at the NGOs consultation meeting

Hon'ble Chairperson Dr. S.R. Nayak inaugurating the NGOs consultation

camp

93
Karnataka State Human Rights Commission

Hon'ble Chairperson Dr. S.R. Nayak addressing the gathering at NGOs

consultation meeting

Hon'ble Chairperson Dr. S.R. Nayak clarifying a point at a consultation

meeting

94
 Fourth Annual Report 2010-11

A member rising certain points at the consultation camp

Hon'ble Member Sri. B. Parthasarathy giving clarification at the consultation

camp

95
Kamataka State Human Rights Commission

Hon'ble Member Sri. R.H. Raddi giving clarification at the consultation camp

A section of the audience at the NGOs consultation meeting

96
 Fourth Annual Report 2010-11

A woman NGO rising certain points at the consultation camp

Inspector General of Police of the Commission Sri. Mohammed Wazeer

Ahmed proposing the vote of thanks

97
Karnataka State Human Rights Commission

Hon'ble Chairperson Dr. S.R. Nayak visited the Beggars Relief Center along
with members of the investigation division and staff of the Commission on
19.08.2011 and 20.08.2011 and this photo of Beggars was taken on that
occasion

The Dy.S.P. and the staff of the investigation division raided New Life Centers
for Girls on 28.05.2010 on complaint that 65 children of the age group of 5-15
years had fallen ill by drinking polluted water

98
 Fourth Annual Report 2010-11

The Dy.S.P. and the staff of the investigation division visited NIMHANS
Hospital on the complaint of lathi charge by Halsoor Gate police on the
protestors belonging to Karnataka Rakshana Vedike regarding increase in
Auto Meter rate on 26.07.2010

The Dy.S.P. and the staff of the investigation division visited Koramangala
police station on 04.10.2010 and found that Sri. Narayan and
Sri. Muniyallappa had been kept in illegal custody

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Govt. Press, Vikasa Soudha, P7, W.D. P057, Copies: