Sunday, September 27, 2009

Compensation to lawyer for police violations : The Hindu 17/09/2004

Compensation to lawyer for police violations

Date:17/09/2004 URL: http://www.thehindu.com/2004/09/17/stories/2004091705030800.htm

By Our Special Correspondent

CHENNAI, SEPT. 16. The State Human Rights Commission has awarded Rs. 1.50 lakhs as compensation to an advocate for violations committed by the police, including a Deputy
Commissioner, in connection with a complaint of dowry harassment.
S. Sambandham, Member, recommended that the Home Secretary pay the amount and recover it from the pay and allowances of the respondents equally.
In his complaint, T. Vignesh of Salem, said following a dowry harassment complaint from his wife in August 2003, the police started harassing him and his parents. No opportunity
was given to him to explain his version. Though the court stayed his arrest, the police came to arrest him and his parents and insulted them.
They were also tortured. His parents committed suicide in October 2003 leaving a note that their daughter-in-law was responsible for their death. The police failed to register a case
under section 306 IPC.
J. Bhaskaran, Deputy Commissioner, Law and Order, Salem city; K. Perumal, Sub-Inspector, Shevapet police station, and Mayavathi, Inspector, All-Women Police Station,
Sooramangalam, were cited as respondents.
`Complaint exaggerated'
The respondents said the complaint was exaggerated and incorrect. The police neither attempted to go to the complainant's house nor arrest him.
Mr. Sambandham said as per rule 5(X) of the Dowry Prohibition Rules, the Dowry Prohibition officer should ascertain the genuiness of the complaint. Evidence from the parties
should be collected.
The advocate's parents committed suicide. Though a suicide note was recovered the same day, the police did not alter the case to section 306 IPC. The advocate was compelled to
move the High Court for direction.
The Member cited a High Court order which said when dowry harassment complaints are made, even innocent in-laws are arraigned as accused.
Following false complaints, some people unable to bear the accusations commit suicide. This should be taken note of by the authorities.
Mr. Sambandham said giving a complaint about dowry harassment was very convenient and an easy weapon in the hands of some unscrupulous elements. "Every innocent person
should not be expected to commit suicide to prove their innocence.
The police should realise that it is not a matter between two individuals, not even between two families, but several families, such as in-laws." The police should weigh the evidence
and find the truth.

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