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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 />

4.233 While considering the matter on 3.01.05 the <strong>Commission</strong> found that 15 States / UTs<br />

have implemented the provisions of Juvenile Justice (Care and Protection of Children) Act,<br />

2000 namely, Haryana, Manipur, Rajasthan, West Bengal, Gujarat, Maharashtra, Uttar Pradesh,<br />

Karnataka, Orissa, Tamil Nadu, Goa, Chandigarh, Dadar and Nagar Haveli, Delhi and<br />

Pondicherry. The remaining 20 States have not taken complete steps to implement the Act.<br />

The <strong>Commission</strong> continues to monitor the implementation of the provisions of the Act by<br />

these States.<br />

3. Rape of 17 women, including complainant and her mother: Gujarat (Case No:<br />

256/6/2003-2004(WC)<br />

4.234 This case relating to allegations of improper investigation, lack of confidence of the<br />

complainant in the functioning of the local police and filing a final report before the court was<br />

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

4.235 The <strong>Commission</strong> acceded to her request to provide assistance to pursuing legal remedies<br />

in her case to be filed in Supreme Court. Thereafter, she moved a writ petition in the Supreme<br />

Court for setting aside order dated 25.3.2003 passed by the Judicial Magistrate vide which a<br />

final report in the case submitted by the police was accepted.<br />

4.236 Pursuant to the orders of the Supreme Court, the CBI undertook the investigation and<br />

arrested 14 persons including some police officials.<br />

4.237 The <strong>Commission</strong> vide its proceedings dated 24.03.04 also acceded to her request seeking<br />

assistance for appointment of a lawyer during the forthcoming trial and directed its Special<br />

Rapporteur to take appropriate steps for engagement of a competent lawyer, for which the<br />

<strong>Commission</strong> shall bear the expenses. It also requested its Special Rapporteur to apprise it of<br />

further developments in the case from time to time.<br />

Negligence of Authorities<br />

1. Death of Dirisam Lajer due to electrocution: Andhra Pradesh (Case No.147/1/<br />

2001-2002) (FC)<br />

4.238 This case relating to payment of inadequate amount of ex-gratia by the State of<br />

Andhra Pradesh to the victims of electrocution was earlier reported in the <strong>Annual</strong> <strong>Report</strong> for the<br />

year 2003-2004.<br />

4.239 The <strong>Commission</strong> vide its proceedings dated 3.3.2004, while holding that the rule of<br />

strict liability must apply to the cases of deaths of electrocution due to negligence on the part of<br />

supplier of electricity in maintaining the services in safe conditions, observed that an ex-gratia<br />

76<br />

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

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

96<br />

7/17/06, 6:29 PM

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