The National Human Rights Commission (NHRC) has issued a show cause notice to State Chief Secretary seeking an explanation on why monetary compensation of Rs 2 lakh should not be recommended to 3-year-old rape survivor under section 18 (A) of protection of Human Rights Act, 1993 for violation of the Human Rights of the victim.
The NHRC has asked the State Chief Secretary to submit the reply of the show cause within six weeks from the date of issuance of the notice to CS.
The show cause notice was issued on January 27 based on the complaint lodged by one Onkar Vishwakarma, a Jharkhand based social activist, seeking justice for the 3-year old girl who was raped, but was not provided immediate medical treatment at Public Health Centre (PHC) Chainpur of Gumla district.
The complainant had filled complaint before the Commission on October 26, 2017. The victim girl was raped by a youth on the Diwali night which was October 22, 2017. The complainant mentioned that the victim girl narrated the ordeal to their parents in the broken language.
On next day, the victim’s parents took her for medical checkup at Chainpur Swasth Upkendra, however, the doctors denied her treatment asking the victim’s parents to first lodge an FIR which is complete violation of human rights. The SP Gumla lodged the FIR against the accused and the accused was arrested too, but no action was taken against Dr Buka Oroan, the doctor who was in-charge of the Chainpur PHC, despite his negligence in providing medical treatment to a rape victim.
As per the Commission directive, Dr Buka Oroan was not only negligent in his duty, but he is also accused under section 166 A and 166 B of Indian Penal Code which focuses on public servant disobeying direction under law and punishment for non treatment of victim, respectively.
The NHRC case detail papers quoted, “Hence the state is vicariously liable for negligence on the part of its employee and is liable to pay compensation for violation of the human rights of the victim.”