Annual Report - National Human Rights Commission

Complaints Before the Commission
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but it also tends to violate the mind and scar the psyche of a person permanently. Besides, it
carries a social stigma for the victim and her family. The Commission, therefore, directed the
Government of Tripura to pay an amount of Rupees Fifty thousand as immediate interim relief
to the victim after adjusting Rupees Fifteen thousand already paid. As the State Government
submitted its compliance report in respect of payment of an amount of Rupees Thirty five thousand,
the case was closed on 10/1/2005.
11. Illegal detention of two Adivasi boys by Police - Kerala -Case No. 208/11/97-98
4.69 The Christian Cultural Forum, Kollam, Kerala, submitted a complaint alleging that police
officials of Agali in Attappaddi in Palakkad district in Kerala arrested three Adivasis, Manikandan,
Parameswaran and Kuppamma on 25.5.1997 and kept them in illegal custody for 23 days.
During detention, one of the detenu Kuppamma, an Adivasi woman was beaten black and blue
by the police and chilli powder was stuffed into her vagina. According to the complainant, the
Circle Inspector had falsely implicated around 100 adivasis in a fabricated case and as a result
adivasis had left their houses.
4.70 In response to the notice issued by the Commission, a report dated 18-12-97 was received
from SP, Palakkad which revealed that an enquiry into the matter was conducted by SP, CB/
CID and it was found that police at Agali Police Station detained two boys, namely, Manikandan
and Parameshwaran illegally on 27-5-97 till 17 June 1997, without any complaint having
been registered against them. It was further mentioned that the Circle Inspector,
ASI and two Constable who were involved in the incident had been suspended and criminal
cases were instituted against them. The report also stated that Kupamma, the mother of
Parmeshwaran did not make any allegations of torture, when she was produced before the
Court in a criminal case.
4.71 While considering the matter on 20-5-03, the Commission directed to issue a show cause
notice u/s 18(3) of the Protection of Human Rights Act, 1993 to the Chief Secretary, Government
of Kerala to show cause as to why an immediate interim relief not be granted to Manikandan and
Parameshwaran for their illegal detention. In response to the show cause notice a letter dated 26-
6-03 was received from Government of Kerala contending that the State Government is not in a
position to make any payment till disposal of criminal cases, pending before the court, since the
alleged delinquent officers are liable to pay compensation, if any, awarded by the court. The
Commission considered the matter further on 20/5/2004 and while recommending a sum of Rs.
10,000/- to each of the victims as immediate interim relief, held that proceedings u/s 18(3) of the
Protection of the Human Rights Act 1993 are independent and the pendency of criminal case is
no impediment to the award of immediate interim relief.
4.72 Pursuant to the directions of the Commission, the Government of Kerala vide their
communication dated 14-7-04 informed that the interim relief of Rs. 10,000/- each to Manikandan
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