- The State Human Rights Commission has been lying non-functional since the year 2005.
Successive State Governments have failed to make appointments to the Commission, even
though the governments have changed three times in last fifteen years.
Number of Human Rights violations do occur within state of HP from time to time and
absence of a statutory body for checking such violations makes the things worse.The PERGO extended the legal help for filling the petition cwp no 889/2019 titled Namita maniktala vs state in High Court of Himachal Pradesh Shimla.
(HUMAN RIGHTS COMMISION)in the High Court of Himachal Pardesh.
The court took A serious note about non Constitution of state human rights Commission and the lokapal and issued show cause notice to state government as to why these institutions have not yet been constituted.(order)
Example of some of such violations in the State are given.
(A). In an instance of custodial torture, one Dr. Kashmir Singh Thakur was taken into
custody by the Police and was tortured in the lockup, however, Dr. Thakur could take up the
matter in the Courts of Law and in a Suit the Court of District Judge, Chamba, H.P. awarded
damages for Rs. 25 lakh along with interest on account of custodial torture. Against the said
Decree, RFA No. 307 of 2018 is pending adjudication before this Hon’ble Court.
(B). In CWPIL No. 224 of 2017, “Court on Its Own Motion Versus State of Himachal
Pradesh”, family of a boy, who went missing was made to shuttle between the Police
Station, Sundernagar and Police Station, Manali, a number of times for the purposes of filing
of FIR. The missing boy was later on found murdered after his body was recovered near
Rohtang Pass, Manali. The FIR was registered by Police Station, Sundernagar only after huge
number of people gathered as a mark of protest. In the said case, the Court has ordered
that the FIR has to be recorded by the Police Station where the matter is reported
irrespective of the territorial jurisdiction and later the same can be transferred to the Police
Station having jurisdiction in the area.
(C). In a CWP No. 2236 of 2018, “H.P. High Court Bar Association Versus State of
Himachal Pradesh”, where various prayers were made on account of murder of a Member
of the Bar Association. The said Writ Petition highlights the factum of caste based
polarization in the Society, where a kind of Khap Panchayat, known locally as “Khumli”
imposes punishments on the members of the lower castes on the basis of beliefs, which do
not have sanction of law. The said murder took place because of the fact that the deceased
was a vocal opponent of “Khumli” system.
(D). Recently in the year 2018, during a religious ceremony in Kullu, where the flowers
offered to the deity fell in the lap of a ‘Dalit’. By virtue of this fact, he was beaten and fine
was recovered from him.
(E). Similarly, in another incident of District Kullu one HRTC Conductor was fined for Rs.
10,000/- when he entered a house of the upper caste person.
(F). In a recent incident, members of dalit community in Kullu were stopped by members
of higher caste from performing the last rites at the cremation site. Though, a criminal case
has been registered, but it reflects the divide in society, for which a special body like that of
Human Rights Commission is needed.
It is important to note that the Supreme Court of India, as far as back in 2015, had directed
many States including HP to constitute the Commission. However, two governments have
changed places and the State is yet to see the implementation of judgment.