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NHRC referred its team report on Muzaffarnagar communal violence to UP govt.
The National Human Rights Commission (NHRC), on the basis of its team's report on communal violence in Muzaffarnagar and Shamli districts of Uttar Pradesh in September, 2013, has asked the State Government and the District Administrations to look into its observations and recommendations and submit a report within two weeks.

Itmay be recalled that many persons were displaced from their homes andvillages due to communal violence in Muzaffarnagar and ShamliDistricts. They took shelter in relief camps set up in the twodistricts. Some of the displaced persons came from the villages wherethe violent incidents had actually taken place. Many persons fromother villages felt apprehensive about their security and fled inpanic.

TheCommission had sent its team, led by Mr. Justice Cyriac Joseph,Member, "to assess the measures taken by the Government of UttarPradesh for relief and rehabilitation of the displaced personsaffected by communal violence and lapses, if any". The othermembers of the team comprised Mrs. Kanwaljit Deol, DG (I), Mr. A.K.Garg, Registrar (Law), Mr. C.K. Tyagi, Presenting Officer, Mr. S.K.Jain, SSP and Mr. Nitin Kumar, Inspector.

Theteam visited four relief camps in District Shamli on 10th October,2013 and three relief camps and one violence affected village, Kutba,in District Muzaffarnagar on 11th October, 2013.

Theteam found that the living conditions in almost all the relief campswere appalling. The displaced persons were living in make-shiftstents, having no protection against the vagaries of nature. On 11thOctober, 2013, there was rain in the morning and when the teamvisited the camps, it found many tents were water logged. The inmatesof the camps complained of insufficient supply of rations. Many ofthem expressed indignation over the partisan attitude of the police.

Themedical facilities at the camps were inadequate. In some camps, theteam found some staff in white aprons but on enquiry found them to bequite incompetent. The inmates complained that only 4 or 5 genericmedicines had been provided in the camps and the same medicines werebeing given for all sorts of diseases.

Theteam found CMO, Muzaffarnagar to be highly irresponsible andunreliable. During interaction with NGOs, it was reported that 8persons had died in Loi camp but the CMO, Muzaffarnagar denied thatthere had been any death in the camp.

Onvisiting the camp, however, the team found that two new born babiesand 5 other inmates had actually died. Some students also met theteam and expressed concern that due to displacement from theirvillages they may not be able to take the Matriculation and Intermediate examinations conducted by the UP Board.

On18th October, 2013, DM Muzaffarnagar came to the Commission andmembers of the team had discussions with him. He reported that manypersons had returned to their villages and the administration hadidentified 5 places where all the remaining displaced persons wouldbe kept.

Healso reported that the damage caused to houses and movables had beenassessed in the presence of the affected persons and the amount ofcompensation had been sanctioned by the State Government.

Healso informed that the amount of compensation for houses and movableswas being considered by the State Government for upward revision and,therefore, the disbursement of compensation had been withheld for thetime being.

TheDistrict Magistrate also told the members of the team that a SpecialInvestigation Cell had been constituted for investigation of offencesrelating to communal violence and all the Investigating Officers inthe Cell were from outside the District.

Afterassessment of the living conditions in the camps and discussion withNGOs and the District Administration by its team, the Commission hasmade the following recommendations for urgent consideration andcompliance:

i)The names, parentage and addresses of all the displaced personsstaying in the relief camps should be entered in a register.Maintenance of such register would help the administration in propercomputation of relief material and distribution of such reliefmaterial in a transparent manner.

ii)Steps should be taken to improve sanitation in the camps. Moretoilets should be constructed. To prevent outbreak of vector bornediseases, anti-mosquito spray and fogging should be carried out onregular basis.

iii)Arrangements for providing drinking water should be made on prioritybasis.

iv)Steps should be taken to upgrade and improve medical facilities inthe camp. Following steps should be taken in this regard.

a)Setting up of medical aid post in each camp.
b)Maintaining proper records like OPD register giving the names of thepatients, the nature of illness and the medicines given.
c)More medicines should be made available.
d)More medical staff should be posted.

v)Monetary compensation should be considered for the families of thosewho died in the camps.

vi)In view of the approaching winter season, adequate preparation shouldbe made including arrangement of winter clothes, blankets etc.

vii)It was reported that 13 persons are still missing. Immediate stepsshould be taken to trace them. The Government should considerformulating a policy for providing relief to the families of themissing persons after waiting for a certain period.

viii)The monetary compensation for loss/damage of houses and movablesshould be immediately disbursed. If the compensation is subsequentlyrevised, the additional amount may be paid later.

ix)The complaints relating to offences should be faithfully recorded andFIRs should be registered under appropriate provisions of law. Theinvestigation of offences should not only be fair and impartial butit should also be seen to be fair and impartial.

x)District Inspector of schools should visit the camps and identify thestudents who are to appear at the matriculation and intermediateexamination conducted by UP Board. He should create a database andthe Government should take appropriate decision to enable suchstudents to continue their studies and take the matriculation andintermediate examinations. These displaced students have not beenable to attend classes in their schools and colleges and, therefore,relaxation of attendance criteria may also be considered.

xi)The Nodal Officers appointed by the District Administration for thecamps should be sensitized about their duties. 

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