NHRC awards Rs 1.75 lakh to 1,051 victims of Punjab mass cremation

New Delhi, Oct 10 (UNI) The National Human Rights Commission (NHRC) today awarded Rs 1.75 lakh compensation to the next of kin of 1,051 victims in the Punjab mass cremation case for ''violation'' of dignity of the dead by the state authorities.

NHRC also appointed a Commissioner of the rank of a retired High Court Judge to hold an inquiry and fix the identity of 814 dead bodies, which are yet to be identified.

The Commissioner has been given eight months time to complete the inquiry which shall be held at Amritsar.

The Commission undertook an inquiry into the cremation of 2,097 (on re-examination 2,059) dead bodies in three crematoriums of Amritsar, Tarn Taran and Majitha during 1984-94 on the Remit from the Supreme Court.

''For violation of dignity of dead and the right of the next of kin of the deceased persons to give an honorable farewell to the departed soul, a sum of Rs 1.75 lakhs is awarded each to the next of kin of those 1,051 deceased persons,'' the Commission said.

During the inquiry, NHRC found out that ''1,051 dead bodies, which were fully identified, were unceremoniously cremated by the State authorities in violation of the rules framed for cremation of unidentified dead bodies''.

''The aforesaid act of the authorities also hurts the emotions and sentiments of the next of kin of the deceased persons who would have preferred to perform the last rites of their near and dear ones in accordance with their religious and customary beliefs,'' it said.

The Punjab government has been directed to deposit a total amount of Rs 18,39,25000 within three months for disbursement of the compensation.

The Commission has already held the State ''vicariously liable'' for violation of human rights of 194 people out of the 2,097 deceased and awarded compensation of Rs 2.5 lakhs each to the next of kin on November 11, 2004 On the basis of the inquiry, the Commission had come to the conclusion that 194 deceased were admittedly either in the custody or deemed custody of the police authorities immediately before their death and cremation.

''The police had failed in their duty to safeguard those persons who were in the custody of police, the Commission extending the principle of strict liability of ''Duty of Care''.

During the course of the inquiry, CBI, on the directions of the Commission, submitted three Lists showing 582 out of 2,097 deceased as fully identified, 278 as partially identified and 1,237 as unidentified dead bodies.

Public notice inviting claims from the interested parties was issued in newspapers in January 1999 but only 88 claims were received.

With a view to ensure that justice is delivered in as many cases as possible, the Commission in 2004 decided to issue fresh public notice in newspapers to invite claims in relation to 2,097 dead bodies.

Pursuant to the subsequent notice, 1,796 claims, besides the 88 claims were received.

Noticing that only 582 victims were fully identified, out of 2,097 dead bodies cremated in three crematoriums, the Commission decided to undertake an exercise for identifying as many dead bodies as possible and with the help of State authorities and the parties to the proceedings, the Commission was able to identify as may as 1,245 dead bodies as against 582 initially identified.

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