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Annual Report - National Human Rights Commission

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Complaints Before the <strong>Commission</strong><br />

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○<br />

held that the complainant had suffered great financial loss and mental agony due to wrongful<br />

confinement on account of negligence of police official and after considering response to the<br />

show cause notice issued by it, awarded Rs. 50,000/- as immediate interim relief to the<br />

complainant. Compliance report in respect of payment made to the victim has been received<br />

along with the proof of payment. The case has therefore, been closed.<br />

Violation of <strong>Rights</strong> of Children/ Women<br />

1. Kids slogged 12 hours a day paid @ Rs. 5/- a week: Delhi (Case No. 1868/30/2001-<br />

2002)<br />

4.228 This case relating to employment of child labourers by a private employer and nonpayment<br />

of minimum wages to them, was earlier reported in the <strong>Annual</strong> <strong>Report</strong> for the year<br />

2003-2004. The matter was enquired into by a team of the <strong>Commission</strong> and the allegations were<br />

substantiated. The Government of <strong>National</strong> Capital Territory of Delhi submitted a response<br />

based on the Investigation <strong>Report</strong> of the <strong>Commission</strong>, that two cases were registered against the<br />

owner of the factory and the challans had been filed in the court. The <strong>Commission</strong>, while noting<br />

that the children were handed over to their biological parents, asked the State Government to<br />

inform about the steps being taken for recovery of the minimum wages.<br />

4.229 The Joint Labour <strong>Commission</strong>er, Labour Department, Government of NCT of Delhi<br />

informed that the claim for minimum wages could not be filed before the Claim Authority u/s 20<br />

of the Minimum Wages act, as at the time of inspection by the Inspectorate of the Department,<br />

the children were not found working in the establishment, which was lying closed, but efforts<br />

will be made to file a case u/s 21 of the Delhi Shops & Establishment Act. 1954.<br />

4.230 The Joint Labour <strong>Commission</strong>er, vide his letter dated 18.6.2004 informed that proceedings<br />

for recovering of wages of the children and prosecution of the employer are still pending. Since<br />

the matter became subjudice, the <strong>Commission</strong> closed the case.<br />

2. Alleged illegal detention of a girl child : Orissa (Case No: 80/18/2003-2004(WC)<br />

4.231 This case relating to non-compliance with the provisions of the Juvenile Justice<br />

(Care & Protection of Children) Act 2000 in the State of Orissa, was earlier reported in the<br />

<strong>Annual</strong> <strong>Report</strong> for the year 2003-2004.<br />

4.232 While considering the matter on 19.5.2003, the <strong>Commission</strong> called upon the Chief<br />

Secretaries of all States and Union Territories to furnish the detailed information about<br />

implementation of the provisions of Juvenile Justice (Care & Protection of Children) Act, 2000<br />

(for short ‘Act’) in their respective States.<br />

<strong>National</strong> <strong>Human</strong> <strong>Rights</strong> <strong>Commission</strong> <strong>Annual</strong> <strong>Report</strong> - 2004-2005<br />

75<br />

AR-Chapter-1-19-10-6-06.p65<br />

95<br />

7/17/06, 6:29 PM

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