NCHRO Legal Support: Tamilnadu Human Rights Commission Orders Award of Compensation to Torture Victim.
The Tamilnadu Human Rights Commission ordered the Tamilnadu Government to pay compensation of Rs 75,000 to a youth who was abused by police. The verdict is in favor of Z. Mohammed Ilyas of Athirampattinam in Thanjavur district. The verdict is against police sub-inspectors Raj Kamal, Ravichandran and Ms.Muthulakshmi. These Police officers tortured Mohammed Ilyas in 2013. Although the victim and his relatives repeatedly complained about torture and procedural violations to local police, no effective investigation was opened into the allegations.
The NCHRO has provided legal assistance to the victim. Advocates Mohammed Abbas and A.Syed Abdul Kather filed a complaint with the Tamilnadu State Human Rights Commission. Adv. H Mohammed Ismail appeared for the victim. The Tamilnadu Human Rights Commission found Mohammed Ilyas subjected to torture in police custody and that he was entitled to reparation.
After hearing both sides, Justice P. Jayachandran passed the order last year, on 26.7.2018 to pay the sum of Rs. 75,000/- to the victim. The order reads as follows:-
“Though the Government of Tamilnadu is vicariously liable to pay the compensation for the employees/respondents, the government shall recover the same from the respondents. Therefore, the Government of Tamilnadu shall pay a sum of Rs. 75,000/- (Rupees Seventy five thousand only) as compensation payable by the Government of Tamil Nadu for the violation of human rights committed against the complainant by the respondents and this point is answered accordingly. The Government of Tamilnadu shall pay a compensation of Rs. 75,000/- (Rupees Seventy five thousand only) to the Complainant Thiru. Z. Mohammed Iliyas, s/o. N.A. Zakaria, No. 35/33, Nadutheru, Adiramapatinam, Tanjavur District within four weeks from the date of the receipt of this order; The Government shall recover the said amount sum of Rs. 75,000/- (Rupees Seventy five thousand only) from the respondents each Rs. 25,000/- subsequently as per the rules and regulations”.
Following the verdict, a cheque for Rs.75,000 has been paid to the victim Z. Muhammad Ilyas by the Government of Tamilnadu on 23.6 2019 through the Adirampattinam Police station.
This should be seen as a victory not only for NCHRO but for people in general. The ruling is an important milestone toward providing remedies to torture victims in our Country. Nobody should ever be tortured or treated in an inhuman or degrading way. NCHRO welcomes compensation as this verdict will also send a strong message that freedom from torture is one of the most universally recognised human rights and Torture is considered so barbaric and incompatible with civilised society that it cannot be tolerated.
Monetary compensation alone cannot be regarded as adequate redress for a victim of torture. Register a case against the errant police officials and initiate departmental action against them. Authorities must now ensure prompt and impartial investigations into all reports of torture and other acts of ill-treatment committed by the police and other state agents.
The prohibition on torture and inhuman and degrading treatment or punishment is one of the most fundamental and absolute human rights.