Setting aside the contention of the Govt. of Rajasthan, the National Human Rights Commission, NHRC, India has reiterated its recommendation that the State initiate disciplinary action against the erring police officials for the delay in the registration of FIR on the allegations of fifth standard student’s death due to the beating by a teacher in his school in Kota.
It has also asked the State Government, through its Chief Secretary, to pay relief of Rs 2 lakh to the victim mother of the deceased child as the delay in the registration of an FIR on her complaint in a cognizable offence, amounted to the violation of human rights.
The Commission had registered the case on the basis of a complaint dated 10.12.2017 by the victim’s mother that her son was brutally beaten with a bamboo stick by a teacher who taught environment for not completing his homework. When her son came back to home, he was so struck by the fear of his teacher that he found it hard to recognize his mother and brother and was having hallucinations about the teacher coming to stab him with a knife. He was not eating anything. When rushed to the Emergency of Govt. Medical College hospital, the doctor said that her son was suffering from high fever and panic attack, which was also confirmed by the psychiatrist next day. After two days, the boy died on 03.12.2017.
Allegedly, the complainant had made a request to the principal of the school but was not allowed meeting with the teacher as well as the classmates of her son. She had also alleged that her son had died because of the panic attack caused due to beating in the school, and police officials were not taking any action against the accused teacher. Allegedly, the school administration also offered her money not press for filing a police complaint.
The Commission, while issuing notices to Superintendent of Police, Kota and the Principal Secretary, Department of School Education, Govt. of Rajasthan calling for reports, had also directed its DG (Investigation) to submit an enquiry report.
The Superintendent of Police, Kota, Rajasthan informed that a case had been registered in the matter as per the directions of the ACJM Court, Kota vide case no 51/18 u/s 506/304/120B IPC on 25/01/2018. Earlier, the inquest was also conducted vide case no 16/17 u/s 174 CRPC and the Post Mortem of deceased was also conducted. The articles collected from post mortem were already deposited in FSL, Kota. As per PM FSL and Pathology Reports, the cause of the death was due to brain fever and old lungs disease i.e. (natural death). Hence, Final Report No. 165 dated 29.11.2018 was submitted on 01.12.2018 before the Court.
The Principal Secretary Department of School Education, Rajasthan submitted its report on 06.02.2019. The report reveals that an enquiry committee was constituted. As per enquiry committee report dated 05.02.2019, the cause of death of student was not due to beatings.
The enquiry report of the Investigation Division of the NHRC stated that on the basis of available documents and spot enquiry, it appeared that the complainant had approached both the school authorities and police, however her case was not registered despite alleging a cognizable offence i.e. death of his son due to beating by a school teacher & subsequently succumbing to symptoms developed. The child died on 03.12.2017, whereas the case was registered on 25.01.2018 after the lapse of 52 days that too, after the intervention of ACJM Court, Kota. Though the case has been investigated and a final report has been submitted in the court by the police on the grounds of cause of death being brain fever and lungs disease, the non-registration of FIR by police on cognizable reported offence, in itself is a violation of human rights.
On the findings of its Investigation Division, the Commission issued a notice to the Govt. of Rajasthan to show-cause why monetary relief of Rs. 2 Lakh should not be recommended to be paid to the victim mother. It also asked to initiate disciplinary actions against the erring police officials for the delay in registration of FIR. The Commission may give such recommendations in a case of any human rights violation, as per the provisions of the PHR Act, irrespective of the court proceedings under I.P.C.-Cr.P.C. and its final outcome.
However, the Govt. of Rajasthan contended that there was no delay, which the Commission did not accept and reiterated its recommended relief and the direction for the action against the erring police officials.
