Haryana rights panel imposes Rs 50k fine on home dept after cops disrobe disabled CA in custody, allow man to click photos

Indian Express

14 hours ago

The Haryana Human Rights Commission has imposed a penalty of Rs 50,000 on the state Home Department for disrobing a disabled Chartered Accountant and allowing his brother-in-law to take his semi-nude pictures and videos, which were then circulated on social media.
'Such cruel and disregarding treatment, particularly of a person with a disability, is utterly unacceptable in a civilised society,' the full bench of the Commission, led by Justice Lalit Batra, ruled in the order released on Wednesday.
The Commission, which also comprises Kuldip Jain and Deep Bhatia, has allowed the department to recover the penalty from the errant police officers, identified as Assistant Sub-Inspector Jagwati and Constable Rakesh Kumar.
Reacting to the order, the Faridabad-based complainant Anil Thakur said, 'Justice may have been delayed, but it has finally arrived. The violation of my dignity has been acknowledged'.
Thakur was arrested on May 24, 2021, in connection with a criminal case. In his complaint, he alleged that while in custody at Saran police station in Faridabad, he was stripped, photographed, and filmed in a semi-naked condition, and that the images were later circulated. The incident, he stated, caused him extreme mental trauma and public humiliation, and gravely violated his human rights.
Over the last four years, as the Faridabad police continued to defend its officers and failed to supply the CCTV footage of the incident, the Commission carried out a probe through its investigation wing.
'An impartial inquiry conducted by the Commission's Investigation Wing confirmed that ASI Jagwati and Constable Rakesh Kumar had indeed compelled Mr Thakur to undress in custody. Shockingly, they even permitted his relative (brother-in-law) to record videos and take photos during his detention. This not only breached police conduct rules but also trampled upon the complainant's privacy, dignity, and mental well-being', the Commission pointed out.
In its detailed and strongly worded order, the Commission observed: 'This incident challenges the very spirit of constitutional values and the notion of human dignity. No individual — regardless of the accusations against them — deserves to be subjected to such humiliation and public exposure. This act is a direct violation of the Right to Life and Personal Liberty enshrined under Article 21 of the Constitution'.
'As a result of the incident, the complainant has reported persistent emotional trauma, humiliation and depression, which amounts to mental agony in a custodial environment. The psychological consequences arising from being stopped in police custody are long-lasting and amount to cruel, inhuman and degrading treatment, entitling the complainant to judicial protection, redressal and appropriate compensation under constitutional and human rights law,' the Commission said in its order.
Dr Puneet Arora, Protocol, Information & Public Relations Officer of the Commission, informed that as per the panel's directions, 'the Home Department of the Government of Haryana has been ordered to pay Rs 50,000 as compensation to the victim… While symbolic in nature, the compensation reflects the state's recognition of its responsibility to uphold the dignity of every citizen'.
'Police custody must not turn into a site of torture and shame. This order sends a clear message that the system will not tolerate custodial abuse or the misuse of power,' added Dr Arora.