राष्ट्रीय मानवाधिकार आयोग ने जवाहर नवोदय विद्यालय,बिरौली समस्तीपुर के छात्र/छात्राओं से प्रिंसिपल द्वारा जबरन वसूली किए जाने के मामले को लेकर दोबारा दायर कराई गई परिवाद को ये कहकर निष्तारित कर दिया है कि आरोप मानवाधिकार हनन से जुड़ा नहीं है।मानवाधिकार संरक्षण अधिनियम,1993 की धारा 2(1)(d) में मानवाधिकार की जो परिभाषा दी गई है उसमें जीवन,स्वतंत्रता,समानता और गरिमा से जुड़े सभी अधिकारों को मानवाधिकार माना गया है।जबरन वसूली करना मानसिक और आर्थिक प्रताड़ना है जो अनुच्छेद 21 के तहत प्रदत जीवन और व्यक्तिगत स्वतंत्रता के मौलिक अधिकार का हनन करती है।जबरन वसूली करना छात्र/छात्राओं के गरिमा को ठेस पहुँचाती है और वसूली करने वाला छात्र/छात्राओं को समान दर्जे का नहीं समझ रहा है।मानवीय गरिमा के साथ जीने का अधिकार भी अनुच्छेद 21 में शामिल है जो मानवाधिकार की परिभाषा में भी शामिल है।इसलिए मानवाधिकार से जुड़ा मामला होने के बावजूद आयोग द्वारा जबरन कहा गया है कि मानवाधिकार का मामला नहीं है।इस केस पर आयोग द्वारा पारित आदेश आयोग की वेबसाइट www.nhrc.nic.in पर फाइल नं 3862/4/30/2014 डालकर देखा जा सकता है।
इससे पूर्व इसी मामले को लेकर पहली बार दायर कराई गई शिकायत (फाइल नं 3683/4/30/2014) को आयोग ने ये कहकर निष्तारित कर दिया था कि शिकायत का सिर्फ प्रतिलिपि(COPY) आयोग को प्रेषित की गई है।जब मानवाधिकार से जुड़ा मामला नहीं था तो ये बात पहली बार वाली शिकायत का निष्तारित करते हुए आयोग द्वारा क्यों नहीं बोला गया?जब मैंने नया शिकायत(जिसे फाइल नं 3862/4/30/2014 देकर दर्ज किया गया) भेजकर इसका विरोध किया कि शिकायत की सिर्फ प्रतिलिपि नहीं भेजी गई तो आयोग द्वारा मानवाधिकार हनन का मामला नहीं होने का बहाना बनाकर दोबारा शिकायत को निष्तारित कर दिया गया।आयोग का अध्यक्ष सर्वोच्च न्यायालय के पूर्व मुख्य न्यायाधीश जस्टिस केजी बालाकृष्णन हैं।लगता है इन लोगों में मानवाधिकार की समझ नहीं हैं या ये लोग अपना मनमानी कर कुछ भी बोल देते हैं।अब आयोग के विरुध्द अनुच्छेद 32 के तहत सुप्रीम कोर्ट में जनहित याचिका दायर की जाएगी,लेकिन उससे पहले मैंने आयोग को फिर से शिकायत प्रेषित किया है जिसमें इसका विश्लेषण किया है कि ये मामला मानवाधिकार हनन का है,जिसपर सुनवाई का इंतजार है।
आयोग को प्रेषित किया गया शिकायत निम्न है-
Gmail Rahul Kumar <648rahul@gmail.com>
Request to entertain my complaint,as the allegations make out the specific violation of human rights-Regarding
1 message
Rahul Kumar <648rahul@gmail.com> 2 November 2014 16:30
To: nhrc.india@nic.in, covdnhrc <covdnhrc@nic.in>, jrlawnhrc <jrlawnhrc@nic.in>, "ar2.nhrc" <ar2.nhrc@nic.in>
To
The Chairperson
National Human Rights Commission
New Delhi
Date:-2/11/2014
Ref:- File No 3862/4/30/2014 as assigned by the Commission
Sub:-Request to entertain my complaint,as the allegations make out
the specific violation of human rights-Regarding
Sir
The learned commission has dismissed in limine my complaint (File No
3862/4/30/2014 ) on dt 27/10/2014 after making an observation that
"On perusal of the complaint, it is seen that the allegations do not
make out any specific violation of human rights, hence the complaint
is not entertainable by the Commission, as per Regulation 9(x) of the
N.H.R.C. (Procedure) Regulations, 1997. The complaint is filed and the
case is closed."
Section 2(1)(d) of the Protection Of Human Rights Act,1993 defines the
human rights as "human rights" means the rights relating to
life,Iiberty, equality and dignity of the individual guaranteed by
the Constitution or embodied in the International Covenants and
enforceable by courts in lndia.
It was stated in my complaint that forcing students of Jawahar
Navodaya Vidyalaya,Birauli,Samastipur by the principal of the said
school to submit money or imposing illegal levy on the students is the
mental and economic harassment that is the violation of Article 21 and
same act is violating human rights.
Now,it is pertinent to examine the defintion of human rights
enshrined under Section 2(1)(d) of the Protection Of Human Rights
Act,1993 and the scope of Article 21 of the Constitution of India and
its relationship with the definition of human rights.
Article 21 confers to guarantee the right to life and personal liberty
of an individual as per the procedure established by the law as
Article 21 states that no person shall be deprived of his life or
personal liberty except according to procedure established by
law.Further,the scope of Article 21 has been expanded by the Hon'ble
Supreme Court and right to live with human dignity and right to
freedom from torturing is under the ambit of Article 21.
There are three similarities in between the definition of human rights
and the scope of Article 21 and these similarities are life,liberty
and dignity.These three words have been used in both-in the definition
of human rights and in the rights provided under Article 21.So,it is
quite natural that violation of Article 21 is also the violation of
human rights.
Now ,question arises, whether there is the violation of life ,liberty
and dignity when students have been forced to submit money or
illegally levy has been imposed on them.
As it is well evident that these students are children -students of
Jawahar Navodaya Vidyalaya ,Birauli,Samastipur who are minor.It is
also well evident that these students are maintained free of cost by
the Union Of India after establishing an autonomous organization
namely Navodaya Vidyalaya Samiti.It is also well evident that children
are not earning money yet.Further,it is also well evident that funds
are provided to this school by the Govt for the repairing works and
providing facilities,so taking money in the name of instituting new
fans or otherwise is wrong,illegal and unconstitutional.
In such circumstances,not a single child will willingly submit money
and it has been levied forcibly.Subjecting an individual to do a
certain act under force is just like an act done under slavery,because
in such circumstance,a person is bound to do a certain act against his
desire,so there is no liberty.Boundation makes to feel slave and that
is the violation of dignity and feeling slave or bondaged is also the
violation of equality because a person is not equal to that person by
whom he is forced.So,the scope of equality as defined under the
definition of human rights is also violated.There is the mental and
economic harassment in the course of submitting money under force.This
mental and economic harassment is also the violation of dignity
because a person is not provided the life of that level where he can
live with human dignity without harassment.Dignity is a stage where a
person spends life without any harassment and deprivation.Mental and
economic harassment effects the life adversely.So,the rights relating
to life,Iiberty, equality and dignity of the individual guaranteed by
the Constitution or embodied in the International Covenants and
enforceable by courts in lndia have been violated by the act of
imposing levy on students.So,all aspects of the human rights as
provided under the defintion of human rights have been violated.
So,there is no merit in the dismissal of my complaint by the learned
commission under Regulation 9(x) of the N.H.R.C. (Procedure)
Regulations, 1997 solely on the ground that the allegations do not
make out any specific violation of human rights.
Earlier,on dismissing in limine my complaint of the same matter vide
its File No.3683/4/30/2014,the commission observed that only copy of
the complaint addressed to some other authority was sent to the
commission and thus the complaint was dismissed in limine under
Regulation 9(xiii) of the N.H.R.C. (Procedure) Regulations, 1997.If
the allegations do not make out any specific violation of human
rights,then why it was not observed by the learned commission on
dismissing in limine my complaint File No.3683/4/30/2014 that the
allegations do not make out any specific violation of human rights.The
complaint File No.3683/4/30/2014 ought to have been dismissed in
limine on both grounds:-On the ground of only sending a copy of the
complaint to the commission addressed to some other authority as well
as on the ground of allegation don't making any specific violation of
human rights.After dismissal in limine my complaint File
No.3683/4/30/2014 when i again made complaint before the commission
which was registered as File No 3862/4/30/2014,the logic of the
commission was strongly opposed by me that only copy of the complaint
addressed to some other authority was sent to commission,as only copy
of the complaint was not sent,but all ten authorities were addressed
altogether Serial Wise,the commission further made an excuse to
dismiss in limine my complaint by stating that allegations do not make
out any specific violation of human rights.
Decision has not been pronounced yet,complaint has been only dismissed
in limine.So,if i again request to entertain my complaint,then it
can't be dismmissed in limine under Regulation 9(xii) of the N.H.R.C.
(Procedure) Regulations, 1997.In view of above,a fresh application is
being submitted before the commission with the summary cited below:-
"Approx 1 Lakhs rupees have been collected from the girls students of
the JNV Samastipur by the principal and 44 new fans of brand namey
Havells have been purchased.But it is easy to visualise that 44 fans
may not carry cost of approx 1 lakhs.
Now,principal is going to levy money in the name of instituting new
television for the male students.The television available for the boys
will be sent to girls hostel and the television available in the girls
hostel will be sent to the Guest House.What amount will be levied
from each student has not been fixed yet.Money has been levied
from few male students in the name of instituting new fans and
repairing other articles during National Sports Event of Kabbadi
organized in the vidyalaya in DP Vacation and it has yet to be
collected from remaining students now after DP Vacation.Rs 1000 is
being collected from each male students of the class 6 and Rs 500
from each male students of class 7 and 8 and house masters of the
hostels are directed to collect the money.
Further,it is to inform you that taking money for any kind of work is
illegal because Jawahar Navodaya Vidyalaya is established by the Govt
of India and it is a school providing education free of cost and fund
is provided by Govt of India (by the Navodaya Vidyalaya Samiti) for
such works like instituting fans and repairing articles.
It appears that the fund provided for the these works has been chewed
up or is going to be chewed up by the said principal and by the way
of levying money from the students,he is now going to do those works
which were/are to be done by the fund provided.
levying money from students is criminal breach of trust by the public
servant which is an offence under section 409 of the IPC and it is
also an offence under section 417 and 420 of the IPC.
Therefore,it is requested to entertain my complaint ,as the
allegations make out the specific violation of human rights,and
ensure all appropriate necessary actions.
Thanking You
Yours
Rahul Kumar
S/O-Jagannath Ray
Vill+Post-Sughrain
Via-Bithan
Distt-Samastipur
State-Bihar
PIN-848207
Mob-07759071885 and 07654528780
इससे पूर्व इसी मामले को लेकर पहली बार दायर कराई गई शिकायत (फाइल नं 3683/4/30/2014) को आयोग ने ये कहकर निष्तारित कर दिया था कि शिकायत का सिर्फ प्रतिलिपि(COPY) आयोग को प्रेषित की गई है।जब मानवाधिकार से जुड़ा मामला नहीं था तो ये बात पहली बार वाली शिकायत का निष्तारित करते हुए आयोग द्वारा क्यों नहीं बोला गया?जब मैंने नया शिकायत(जिसे फाइल नं 3862/4/30/2014 देकर दर्ज किया गया) भेजकर इसका विरोध किया कि शिकायत की सिर्फ प्रतिलिपि नहीं भेजी गई तो आयोग द्वारा मानवाधिकार हनन का मामला नहीं होने का बहाना बनाकर दोबारा शिकायत को निष्तारित कर दिया गया।आयोग का अध्यक्ष सर्वोच्च न्यायालय के पूर्व मुख्य न्यायाधीश जस्टिस केजी बालाकृष्णन हैं।लगता है इन लोगों में मानवाधिकार की समझ नहीं हैं या ये लोग अपना मनमानी कर कुछ भी बोल देते हैं।अब आयोग के विरुध्द अनुच्छेद 32 के तहत सुप्रीम कोर्ट में जनहित याचिका दायर की जाएगी,लेकिन उससे पहले मैंने आयोग को फिर से शिकायत प्रेषित किया है जिसमें इसका विश्लेषण किया है कि ये मामला मानवाधिकार हनन का है,जिसपर सुनवाई का इंतजार है।
आयोग को प्रेषित किया गया शिकायत निम्न है-
Gmail Rahul Kumar <648rahul@gmail.com>
Request to entertain my complaint,as the allegations make out the specific violation of human rights-Regarding
1 message
Rahul Kumar <648rahul@gmail.com> 2 November 2014 16:30
To: nhrc.india@nic.in, covdnhrc <covdnhrc@nic.in>, jrlawnhrc <jrlawnhrc@nic.in>, "ar2.nhrc" <ar2.nhrc@nic.in>
To
The Chairperson
National Human Rights Commission
New Delhi
Date:-2/11/2014
Ref:- File No 3862/4/30/2014 as assigned by the Commission
Sub:-Request to entertain my complaint,as the allegations make out
the specific violation of human rights-Regarding
Sir
The learned commission has dismissed in limine my complaint (File No
3862/4/30/2014 ) on dt 27/10/2014 after making an observation that
"On perusal of the complaint, it is seen that the allegations do not
make out any specific violation of human rights, hence the complaint
is not entertainable by the Commission, as per Regulation 9(x) of the
N.H.R.C. (Procedure) Regulations, 1997. The complaint is filed and the
case is closed."
Section 2(1)(d) of the Protection Of Human Rights Act,1993 defines the
human rights as "human rights" means the rights relating to
life,Iiberty, equality and dignity of the individual guaranteed by
the Constitution or embodied in the International Covenants and
enforceable by courts in lndia.
It was stated in my complaint that forcing students of Jawahar
Navodaya Vidyalaya,Birauli,Samastipur by the principal of the said
school to submit money or imposing illegal levy on the students is the
mental and economic harassment that is the violation of Article 21 and
same act is violating human rights.
Now,it is pertinent to examine the defintion of human rights
enshrined under Section 2(1)(d) of the Protection Of Human Rights
Act,1993 and the scope of Article 21 of the Constitution of India and
its relationship with the definition of human rights.
Article 21 confers to guarantee the right to life and personal liberty
of an individual as per the procedure established by the law as
Article 21 states that no person shall be deprived of his life or
personal liberty except according to procedure established by
law.Further,the scope of Article 21 has been expanded by the Hon'ble
Supreme Court and right to live with human dignity and right to
freedom from torturing is under the ambit of Article 21.
There are three similarities in between the definition of human rights
and the scope of Article 21 and these similarities are life,liberty
and dignity.These three words have been used in both-in the definition
of human rights and in the rights provided under Article 21.So,it is
quite natural that violation of Article 21 is also the violation of
human rights.
Now ,question arises, whether there is the violation of life ,liberty
and dignity when students have been forced to submit money or
illegally levy has been imposed on them.
As it is well evident that these students are children -students of
Jawahar Navodaya Vidyalaya ,Birauli,Samastipur who are minor.It is
also well evident that these students are maintained free of cost by
the Union Of India after establishing an autonomous organization
namely Navodaya Vidyalaya Samiti.It is also well evident that children
are not earning money yet.Further,it is also well evident that funds
are provided to this school by the Govt for the repairing works and
providing facilities,so taking money in the name of instituting new
fans or otherwise is wrong,illegal and unconstitutional.
In such circumstances,not a single child will willingly submit money
and it has been levied forcibly.Subjecting an individual to do a
certain act under force is just like an act done under slavery,because
in such circumstance,a person is bound to do a certain act against his
desire,so there is no liberty.Boundation makes to feel slave and that
is the violation of dignity and feeling slave or bondaged is also the
violation of equality because a person is not equal to that person by
whom he is forced.So,the scope of equality as defined under the
definition of human rights is also violated.There is the mental and
economic harassment in the course of submitting money under force.This
mental and economic harassment is also the violation of dignity
because a person is not provided the life of that level where he can
live with human dignity without harassment.Dignity is a stage where a
person spends life without any harassment and deprivation.Mental and
economic harassment effects the life adversely.So,the rights relating
to life,Iiberty, equality and dignity of the individual guaranteed by
the Constitution or embodied in the International Covenants and
enforceable by courts in lndia have been violated by the act of
imposing levy on students.So,all aspects of the human rights as
provided under the defintion of human rights have been violated.
So,there is no merit in the dismissal of my complaint by the learned
commission under Regulation 9(x) of the N.H.R.C. (Procedure)
Regulations, 1997 solely on the ground that the allegations do not
make out any specific violation of human rights.
Earlier,on dismissing in limine my complaint of the same matter vide
its File No.3683/4/30/2014,the commission observed that only copy of
the complaint addressed to some other authority was sent to the
commission and thus the complaint was dismissed in limine under
Regulation 9(xiii) of the N.H.R.C. (Procedure) Regulations, 1997.If
the allegations do not make out any specific violation of human
rights,then why it was not observed by the learned commission on
dismissing in limine my complaint File No.3683/4/30/2014 that the
allegations do not make out any specific violation of human rights.The
complaint File No.3683/4/30/2014 ought to have been dismissed in
limine on both grounds:-On the ground of only sending a copy of the
complaint to the commission addressed to some other authority as well
as on the ground of allegation don't making any specific violation of
human rights.After dismissal in limine my complaint File
No.3683/4/30/2014 when i again made complaint before the commission
which was registered as File No 3862/4/30/2014,the logic of the
commission was strongly opposed by me that only copy of the complaint
addressed to some other authority was sent to commission,as only copy
of the complaint was not sent,but all ten authorities were addressed
altogether Serial Wise,the commission further made an excuse to
dismiss in limine my complaint by stating that allegations do not make
out any specific violation of human rights.
Decision has not been pronounced yet,complaint has been only dismissed
in limine.So,if i again request to entertain my complaint,then it
can't be dismmissed in limine under Regulation 9(xii) of the N.H.R.C.
(Procedure) Regulations, 1997.In view of above,a fresh application is
being submitted before the commission with the summary cited below:-
"Approx 1 Lakhs rupees have been collected from the girls students of
the JNV Samastipur by the principal and 44 new fans of brand namey
Havells have been purchased.But it is easy to visualise that 44 fans
may not carry cost of approx 1 lakhs.
Now,principal is going to levy money in the name of instituting new
television for the male students.The television available for the boys
will be sent to girls hostel and the television available in the girls
hostel will be sent to the Guest House.What amount will be levied
from each student has not been fixed yet.Money has been levied
from few male students in the name of instituting new fans and
repairing other articles during National Sports Event of Kabbadi
organized in the vidyalaya in DP Vacation and it has yet to be
collected from remaining students now after DP Vacation.Rs 1000 is
being collected from each male students of the class 6 and Rs 500
from each male students of class 7 and 8 and house masters of the
hostels are directed to collect the money.
Further,it is to inform you that taking money for any kind of work is
illegal because Jawahar Navodaya Vidyalaya is established by the Govt
of India and it is a school providing education free of cost and fund
is provided by Govt of India (by the Navodaya Vidyalaya Samiti) for
such works like instituting fans and repairing articles.
It appears that the fund provided for the these works has been chewed
up or is going to be chewed up by the said principal and by the way
of levying money from the students,he is now going to do those works
which were/are to be done by the fund provided.
levying money from students is criminal breach of trust by the public
servant which is an offence under section 409 of the IPC and it is
also an offence under section 417 and 420 of the IPC.
Therefore,it is requested to entertain my complaint ,as the
allegations make out the specific violation of human rights,and
ensure all appropriate necessary actions.
Thanking You
Yours
Rahul Kumar
S/O-Jagannath Ray
Vill+Post-Sughrain
Via-Bithan
Distt-Samastipur
State-Bihar
PIN-848207
Mob-07759071885 and 07654528780
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