Summary: The Madras High Court reversed a decision by the Tamil Nadu State Human Rights Commission, which had suggested that two police officers pay money for not responding to a complaint.
In this case, police officers K. Madeswaran and M. Jainul Arabu objected to an order by the State Human Rights Commission. The Commission had earlier suggested that the government pay Rs. 50,000 to a person who complained and then get the money back from these officers. The problem started because the officers allegedly did not respond to a complaint about a property dispute.
The person who complained, P. Premsingh, said that others were taking over his land. His wife reported this to the police on December 13, 2019, but the police didn't do anything. Instead, P. Premsingh was arrested because of another complaint against him, leading to claims that his rights were ignored because the police did nothing.
“The inaction on the part of K. Madeswaran and M. Jainul Arabu has been projected as a violation of human rights,” noted the Commission.
The court, led by Justice M.S. Ramesh and Justice R. Sakthivel, looked into whether the police officers' lack of action was a violation of human rights. They referred to the Protection of Human Rights Act, 1993, which defines human rights as those related to life, freedom, equality, and respect.
The court mentioned a previous decision in Lalita Kumari vs. Government of Uttar Pradesh, which says police must file a report if a serious crime is reported. However, the court explained that not filing a complaint doesn't automatically mean human rights were violated.
“The failure on the part of K. Madeswaran and M. Jainul Arabu to take action on a complaint given by the aggrieved party, would not amount to ‘violation of human right’,” the court stated.
The court decided that the recommendations by the Human Rights Commission could not stand. They canceled the order that required the officers to pay compensation and face disciplinary action.
“In the result, the impugned order in SHRC No.2235 of 2020 dated 22.08.2022 is quashed,” the judges declared.
This decision shows the court's view on what counts as human rights violations when it comes to police not following procedures, stressing the need for clear legal definitions and actions.
