Allegedly, the police officials were not taking any action against the accused teacher, the right panel said.(Representative image)
Allegedly, the police officials were not taking any action against the accused teacher, the right panel said.(Representative image)

NHRC recommends Rajasthan to initiate action against erring police officials

The rights panel has also asked the state government, through its chief secretary, to pay a relief of 2 lakh to the mother of the deceased child as the delay in the registration of an FIR on her complaint in a cognisable offence "amounted to violation of human rights".
PTI |
UPDATED ON FEB 19, 2021 08:47 PM IST

citiesThe NHRC has recommended to the Rajasthan government to initiate disciplinary action against erring police officials for the delay in the registration of an FIR on the allegations that a class 5 student had died after being beaten by a teacher in his school in Kota in 2017, officials said on Friday.

The rights panel has also asked the state government, through its chief secretary, to pay a relief of 2 lakh to the mother of the deceased child as the delay in the registration of an FIR on her complaint in a cognisable offence "amounted to violation of human rights".

The National Human Rights Commission, in a statement, said it had registered the case on the basis of a complaint dated December 12, 2017, by the victim's mother that her son was "brutally beaten with a bamboo stick by a teacher, who taught environment subject, for not completing his homework".

When her son came back home, he was so struck by the fear of his teacher that he found it hard to recognise his mother and brother, and was having hallucinations that the teacher would come and stab him. He was not eating anything, it said.

When rushed to the emergency ward of Government Medical College Hospital, the doctor said that her son was suffering from high fever and panic attack, which was also confirmed by the psychiatrist next day. After two days, the boy died on December 3, 2017, the statement said.

Allegedly, the police officials were not taking any action against the accused teacher, the right panel said.

The Commission had issued notices to the Superintendent of Police, Kota and the principal secretary, department of school education, government of Rajasthan, seeking reports, and it had also directed its Director General (Investigation) to submit an enquiry report.

The Superintendent of Police, Kota, Rajasthan informed that a case had been registered in the matter as per the directions of a court in Kota. 

The Principal Secretary Department of School Education, Rajasthan submitted its report in February 2019. The report revealed that an inquiry committee was constituted. As per the enquiry committee report, "the cause of death of the student was not due to beating". 

Though the case has been investigated and a final report has been submitted in the court by the police on the grounds of cause of death being brain fever and lungs disease, the non-registration of an FIR by police on cognisable reported offence, in itself is a violation of human rights, the statement said.

On the findings of its Investigation Division, the Commission had issued a notice to the Rajasthan government to show cause why a monetary relief of 2 lakh should not be recommended to be paid to the victim's mother, the statement said.

Setting aside the contention of the Rajasthan government, the NHRC has "reiterated its recommendation that the state initiate disciplinary action against the erring police officials for the delay in the registration of an FIR on the allegations".

The state government had contended that there was "no delay", which the Commission did not accept and reiterated its recommended relief too, the rights panel said.

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