New Delhi, February 10 – Following an alleged attack on a migrant worker by four teenagers near Tiruttani railway quarters in Tamil Nadu, the NHRC has issued a notice to the state government, requesting them to locate the victim and provide him with necessary medical treatment as soon as possible.
The notice also asks why the National Human Rights Commission should not recommend a compensation of 2 lakh rupees to the victim.
The notice identifies the victim as Suraj, a "migrant worker".
On December 30, Tamil Nadu police officials said that the four teenagers, aged about 17, were apprehended on December 28 and presented before the Juvenile Justice Board. Based on the board's orders, three were sent to a juvenile home, while the fourth was handed over to his parents.
According to a February 9 notice, Thirivallur Government Hospital referred Suraj to Rajiv Gandhi Government General Hospital in Chennai on December 28 for advanced medical care. However, records from Rajiv Gandhi Government Hospital show that Suraj left the hospital on the same day against medical advice.
The NHRC has received information about "grave violence against a migrant worker from Madhya Pradesh in Thiruvallur district, Tamil Nadu". The complainant further alleges that, based on viral video evidence and police disclosures, Suraj was threatened on a moving train.
The complainant also alleges that Suraj was forcibly taken to a secluded spot near a railway station, where he was brutally attacked by four minors. The attackers filmed the assault, and one of them is seen flashing a "victory" sign in the video.
The NHRC has taken cognisance of the case under section 12 of the Protection of Human Rights Act, 1993.
The complainant has requested the Commission to intervene, conduct an independent inquiry, take strict legal action, and provide compensation and protection to migrant workers.
Considering Suraj's serious condition, he was referred to a higher medical facility. However, "he left the hospital against medical advice and his whereabouts are still unknown."
This reflects a "serious lapse" on the part of the state machinery, and "gross negligence" which "failed to ensure adequate safeguarding, monitoring, or support to the victim, thereby attracting human rights scrutiny," the rights panel said.
There has been no immediate reaction from the Tamil Nadu government.
"Evidently, in the present case, the state has failed to provide medical care and security to the victim, thereby violated victim's fundamental rights," it charges.
Although the alleged violence was committed by private individuals, "the matter still falls under the scope of human rights violations due to the state's subsequent failure in providing medical care, protection and rehabilitation of the victim," it says.
The Commission, after considering relevant reports, has directed its registry to issue a notice to the chief secretary of the Tamil Nadu government, asking why a compensation of 2 lakh rupees should not be recommended to the victim, it says, and sought a response within seven days.
"The Chief Secretary, Government of Tamil Nadu, shall ensure that all necessary medical treatment is provided to the victim," it adds.
Further, post-trauma counselling shall also be provided. It shall also be ensured that the government "reimburses" the cost of treatment availed by the victim, if any.
Further, upon perusal of the record, it appears that the alleged incident occurred on December 27, whereas an FIR was registered only on the next day, despite the admitted position that the statement of the victim had already been recorded on December 27, it says.
"Thus, there is an unexplained delay in the registration of the FIR. Moreover, on the very same day, the victim went missing. The victim's disappearance from a state-run regulated medical facility raises serious concerns and reflects a grave lapse, which is directly attributable to the law enforcement agency requiring strict investigation," the notice says.
The NHRC has also directed the director general of police of Tamil Nadu, shall "further ensure that the victim is traced at the earliest" and is provided necessary medical treatment.
Further, considering the gravity and seriousness of the matter, and since the whereabouts of the victim are not known, let a direction be issued to the DG (Investigation) of the NHRC to "telephonically collect the facts of the case" from the authorities concerned and thereafter place the same on record for further consideration, within two days, it adds.
"In addition to above, a copy of this proceeding, be also sent to the Secretary, Ministry of Home Affairs, government of India, for information and necessary action," it says.
