HR Week 2 Case Compilation

UNIVERSITY SCHOOL
OF LAW AND LEGAL STUDIES
HUMAN RIGHTS – B.A. LL. B

PSDA Project (Group - 4)
Week – 2 (September 3th – September 9th, 2020)
Submitted to: DR. LISA LUKOSE
Pallav Pal (03316503817)

Pratibha Rana (03416503817)
Pridhumn Gaur (03516503817)
Radhika Mittra (03716503817)
Rajat Teotia (03816503817)
Renu Sharma (03916503817)
Rishabh (04016503817)
Rishabh Munjal (04116503817)
Riya Verma (04216503817)
Human Rights PSDA
WEEKLY REPORTING OF 5 HUMAN RIGHTS VIOLATIONS IN

RESPECTIVE HOMETOWNS AND SOLUTIONS TO REMEDY THE
SITUATION
1. Taxi driver allegedly forced to chant “Jai Shri Ram” killed by passengers upon
refusal
On 7th September, a 45-year-old taxi driver in Greater Noida, Uttar Pradesh

succumbed to injuries and died after being attacked by three passengers to Delhi.
The deceased Aftab Alam’s 20-year-old son, who recorded his last call with his
father, claimed the attack occurred after the deceased refused to say “Jai Shri
Ram” despite repeated nagging by the passengers. However, the Police deny
involvement of any communal angle to the case, stating the voices in the call
recorded can be heard forcing a third person to say “Jai Shri Ram” and necessarily
to the deceased, and said the driver could have been killed over an argument over
fare. The deceased was found injured in his vehicle near Badalpur-Delhi road and
died while ongoing treatment. The culprits had absconded with the phone of the
deceased and are yet to be found.
It is evident that notwithstanding the fact whether the fight broke out as a
result of communal tension or escalated argument over fare, the right to life of the
deceased has been taken away. The remedy to this situation would be find the
accused and prosecute them to the full extent of law. Also, to make sure such acts
don’t happen further, it is essential to arrange mass awareness campaigns to
elucidate the importance of anger management and prohibition of lynching.
Furthermore, people seeking innocent persons to pick a fight with for
“entertainment purposes” or to “make themselves feel good” carry this personality
from a very young age. Thus, to counteract this, schools should also shine a light
on the concept of bullying and its consequences, so as to allow student to adopt
certain basic principles from a young age.
Source: https://thewire.in/communalism/jai-shri-ram-muslim-driver-lynched-
death-uttar-pradesh
https://indianexpress.com/article/cities/delhi/cab-driver-killed-son-says-told-to-
chant-jai-shri-ram-by-accused-6587199/
Human Rights PSDA
2. Forest Department workers protest against Haryana Government as no salary

has been paid since months.
Under the banner of Forest Department Mazdoor Union, the Forest

Department workers protested outside the Divisional Officer’s Office, at Sonepat,
as they have not been receiving their salaries for several months now. Besides
that, the workers were promised ESI (Employees State Insurance) and EPF
(Employees Provident Fund) cards for which a fraction of their salaries was
supposed to be deducted. However, no card has been issued yet.
It is a clear violation of their right to a fair wage or the right to be adequately

paid for a full-time work. Also, the omission to provide for the benefits like
insurance and provident fund violates the workers’ right to social security and
right to social welfare. The remedy to this situation must involve the State
leadership’s direct involvement with respect to broad financial and social welfare
programs and benefit schemes. However, the Union can also avail the remedy of
seeking an adjudication by the Court as receiving the pre-decided benefits has
become a matter of right for the workers.
Source: https://www.jagran.com/haryana/sonipat-news-sonipat-haryana-
20718822.html
3. Silicosis-affected people in West Bengal still await compensation.
Silicosis is a lung disorder caused by inhalation of silica dust while working in

factories processing sand, rock or mineral ores such as quartz. Continuous
exposure can cause silica to build up in lungs and breathing passages. It can be
fatal. Around 250 people from various villages of Minakhan block in Sunderbans
areas allegedly contracted the disease: They left home to work as labourers in
stone and mineral grinding factories in Burdwan district after cyclone Aila struck
in 2009.They reportedly worked in unhygienic conditions and without protective
gear. As many developed respiratory problems, the entire group left the job and
returned to Minakhan.
But there has been little respite: At least 25 persons (most of them in their 20s
and 30s) allegedly died due to silicosis since 2012. The West Bengal government,
under the directive of NHRC, announced compensation of Rs four lakh per family
for 13 families, all of whom lost a member to the disease.The National Human
Rights Commission (NHRC) recently rapped the West Bengal government for
inaction and lack of appropriate response in compensating silicosis-affected people
in Minakhan.
Human Rights PSDA
There is a clear violation of right to life and right to health. To remedy the
situation, the factories must adhere to health code and follow rules and regulations
for the safety of labourers and other persons while working in such hazardous
conditions. Also, the people who have contracted the disease must be compensated
for irreversible damage they suffered, which must also include monetary
compensation for proper medical treatments.
Source: https://www.downtoearth.org.in/news/health/nhrc-raps-mamata-govt-
on-silicosis-rehabilitation-73254
4. Man lynched in UP’s Kushinagar
A man was beaten to death by a mob in a village in Uttar Pradesh’s Kushinagar

district after he allegedly shot dead a person at the latter’s residence on Monday.
According to police, the incident took place around 8.00 am on Monday when the
accused Aryaman Yadav went to Sudhir Kumar Singh’s house in a village in
Kushinagar and introduced himself as Sudhir’s elder brother.
A police official confirms at the time Sudhir was in the washroom and he
was asked to sit down and was served tea. When Sudhir came out of the washroom,
the accused took out a pistol and fired on him. Upon questioning, Police said that
on hearing the gunshot the family raised alarm and before the accused could flee,
neighbours had surrounded the house. The senior police official said that
somebody in the crowd called the police, which reached the spot and asked the
accused to surrender.
It is alleged that the accused fired on the police and the police returned the
fire. He later again went down and locked himself in a room in Sudhir’s house.
But, by the time police could reach and arrest him, the crowd went in the house,
broke the door of the room, and thrashed the accused man to death. He added that
further investigation in the case is underway.
Mob lynching, being a heinous crime, is a threat to Right to life and personal
liberty. One must not take justice into their own hands. Strict actions must be
taken against the offenders and mob lynching should be condoned. Again, mass
awareness becomes of crucial importance. People must be reminded that the three
tiers of government are competent to adjudicate and sentence a guilty person, and
that it is not the job of the general public to serve justice without regard to law
and legal procedures. Mob lynching does more-bad-than-good when it comes to
serving justice.
Human Rights PSDA
Source: https://telanganatoday.com/man-lynched-in-ups-kushinagar-for-
allegedly-shooting-dead-another-man
5. Char Dham highway: SC directs the Centre to plant trees to compensate for
the loss of forest area
On 8th September 2020, the Supreme Court of India directed the union
government to plant trees to compensate for the loss of forest area due to the
construction of the Char Dham national highway in Uttarakhand. The bench
ordered the centre to comply with the Ministry of Road Transport and highway
2018 circular on the aspect of the width of the road. The MoRTH circular
recommends that the intermediate (two-lane) carriage 5.5-meter tarred surface
be adopted in the hilly area.
In 2017 a report estimated that no less than 33,000 will be axed across the
four districts in Uttarakhand for Char Dham national highway. Which would
affect the environment in Uttarakhand and would also be infringing their right
to live in a healthy environment. It is every human being to live in a healthy
environmental condition as it will help in determining the extent to which people
enjoy their basic rights to life, health, etc. The Supreme Court subsequently set
up a high-powered committee in August 2019, mandating it to consider the
ecological impact of the 900-km project.
Source: https://www.aninews.in/news/national/general-news/char-dhan-highway-
sc-directs-centre-to-plant-trees-to-compensate-loss-of-forest-
area20200908134907/

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UNIVERSITY SCHOOL

OF LAW AND LEGAL STUDIES

HUMAN RIGHTS – B.A. LL. B

Submitted to: DR. LISA LUKOSE

Pallav Pal (03316503817)

WEEKLY REPORTING OF 5 HUMAN RIGHTS VIOLATIONS IN

On 7th September, a 45-year-old taxi driver in Greater Noida, Uttar Pradesh

2. Forest Department workers protest against Haryana Government as no salary

Under the banner of Forest Department Mazdoor Union, the Forest

It is a clear violation of their right to a fair wage or the right to be adequately

3. Silicosis-affected people in West Bengal still await compensation.

Silicosis is a lung disorder caused by inhalation of silica dust while working in

4. Man lynched in UP’s Kushinagar

A man was beaten to death by a mob in a village in Uttar Pradesh’s Kushinagar

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