NHRC directs Arunachal Govt. to compensate a victim of police brutality

In a case of police brutality, the National Human Rights Commission (NHRC) on March 15, 2012 directed the State government of Arunachal Pradesh to pay a compensation of Rs. 75,000 to a victim who was tortured by the India Reserve Battalion (IRBn) jawans in September 2010.

The NHRC had received a complaint from Suhas Chakma, Director of the Asian Centre for Human Rights, a Delhi-based human rights organization, stating that the victim, Khya Sonam Tara was tortured by the IRBn jawans at Dewana Hotel Tinali area in Seppa, East Kameng district of Arunachal Pradesh on September 15, 2010. The victim, who was a teacher in a government school, was on his way to pay his electricity bill when he was stopped by the IRBn jawans for not wearing helmet and was subjected to torture in full public view. As a result, the victim sustained serious injuries in his body requiring him to be hospitalised.

After finding three IRBn jawans identified as Constables. Ngamwang Tekwa, Logan Chinyang and Tiro Lama guilty of physically assaulting the victim, the NHRC issued a show cause notice vide its proceeding dated 23.5.2011 under section 18(a)(i) of the Protection of Human Rights Act, 1993, to the state government as to why the Commission should not recommend monetary relief for the victim.

In response to the show cause notice, Joint Secretary (Home), Government of Arunachal Pradesh vide his letter dated 12.7.2011 informed the Commission that a magisterial inquiry in the incident has been ordered and the police investigation is also still in progress and, hence, monetary relief may not be recommended by the Commission.

Taking a tough stand, the NHRC rejected the contention of the state government. The NHRC observed that “As to the investigation by the police, the Commission is not bound to wait for its completion, as a criminal trial would only decide on the criminality aspect of the case. The material before the Commission is sufficient to hold, prima facie, that the IRBn Personnel violated the human rights of the victim by assaulting him in full public view and causing him grievous injuries. Consequently, the State cannot escape its liability to compensate the victim.”

Accordingly, the NHRC recommended the state government of Arunachal Pradesh, through its Chief Secretary, to pay a compensaton of Rs. 75,000 to Khya Sonam Tara and submit compliance report along with proof of payment within six weeks.