PSHRC NEWS

CHANDIGARH: “The Punjab State Human Rights Commission (PSHRC) seems to have lost its credibility and more or less become a defunct body due to lack of proper infrastructure and staff to handle hundreds of complaints, majority of them against the Punjab Police.
“PSHRC was no helping any human rights victims and that the people of Punjab would be better served if the commission is closed”. These observations noted in its report, published recently, by Human Rights Law Network (HRLN), a national level NGO of lawyers, which reviewed the working of Commission speaks volume of state of affairs in the Commission.
During the year 2014, the commission had received 55 percent (8792) of total complaints (15523) against the Punjab Police. The rise in complaints against Police started in the year 2002 during Congress party Government when 4344 complaints were registered and it has doubled during present regime, beginning 2007.
The PSHRC is practically working with single judicial member that is Chairman Justice Jagdish Bhalla retired as Chief Justice of Rajasthan High Court. According to lawyers who practice before PSHRC Justice Bhalla has reputation for rarely being at the commission. Justice Bhalla, judge at Allahabad High Court was once in eye of storm of when the President of India Abdul Kalam had opposed his elevation as Chief Justice.
The two posts of judicial members are lying vacant after the retirement of Justice Baldev Singh retired judge of High Court and Justice L.R.Roojam, retired session judge. Both of them had retired in November 2011 and no appointment is made till date.
Under the Protection of Human Rights Act 1993 it is mandatory to appoint a retired Chief Justice as Chairman of the commission and two other judicial officers-retired Judge of High Court and retired district judge-as members. The state government has expanded the strength of members with two more non-judicial members who have knowledge of human rights.
The SAD-BJP government has started appointing politicians or persons with political lineage on these posts. The state government May 2009 appointed BJP leader Avinash Rai Khanna as member who left the job in March 2010 after nomination to Rajya Sabha. He was elected to MP on BJP ticket from Hoshiarpur in 2014.
Khanna was replaced by Baljinder Singh a Patiala based advocate who run NGO. Baljinder Singh has no background of involvement in human rights. The other non-judicial member Pushpinder Singh also lacked requisite human rights experience. He is brother of ruling Shiromani Akali Dal General Secretary Maheshinder Singh Grewal and brother-in-law of sister of Punjab Agriculture Minister Tota Singh.
The backbone of PSHRC, the investigation wing has crippled after its powers were circumvented by state government and Punjab Police was vested with powers to investigate complaints.
The investigation wing in PHRC is headed by an officer of DGP rank. Presently, Rajinder Singh an IPS officer of 1982 batch is posted there. The quarries made by Sunday Guardian revealed that DGP is the only officer posted in the wing. All the sanctioned posts of one Superintendent of Police, One post of Deputy Superintendent of Police, four posts of Inspector and four posts of Sub-Inspector are lying vacant for several years. Two retired inspectors of police have been hired through a job contractor to attend routine office work.
As a rule, the complaints made against police are referred back to the police for investigation and sources in the Police said that often complaints are marked to same cops who are named in the complaint. Sunday Guardian encountered a Ferozepur resident Jaswinder Singh Kelly who had made a complaint against DSP (D) of Ferozepur. He had come to see PSHRC authorities on Thursday to complain that his complaint has been marked by the SSP Ferozepur to same officer. He said a false case was registered against him and by the DSP and how can same officer investigate against him. The Commission sources said there are plenty of such cases.
The SAD-BJP government which faces flak for violation of human rights has created a method of investigating cases improperly favors state actors over petitioners. A separate human right cell in Punjab Police head quarter where all complaints are sent by commission. The cell processes the complaints and forwards to SSP of concerned district who further assigns investigation to DSP or SHO of concerned area. The sources said that Punjab Police returns about 80 percent of complaints to commission with the tagline, ‘report is found baseless’.
DGP Rajinder Singh when contacted said that he was doing best possible he could do in the existing set up. He said that it was prerogative of the Commission Chairman to forward complaints for investigation either to him or concerned departments including Punjab Police. Some cases where commission is not satisfied with Police report are forwarded to him. He said that he tried to sort out the issues by counseling the aggrieved party or send his recommendations to DGP Punjab Police for action against erring cops.

There are around 450 government primary schools in the district, having approximately 35,000 students.
A classroom without benches at Government School in Phase 3B2, Mohali. (Express Archives)
The Punjab State Human Rights Commission has summoned three government officials and asked them to file a report in a case related to the shortage of basic infrastructure in Mohali government primary schools. Earlier in May, the Commission had taken suo motu cognizance of a Newsline report highlighting the lack of benches, classrooms and other infrastructure in schools and asked officials to submit a reply.
In his reply to the commission, District Education Officer (Elementary Education) Gurjit Singh said that action has been taken to meet the shortage of books and these have been distributed, while efforts are on to meet the shortage in other facilities. He also stated that at a primary school which lacks a toilet, there is no land available for constructing one.
On Thursday, Deputy DEO (EE) Kuljit Kaur appeared before the commission which has directed DEO (EE), DEO (Panchayati Raj) and the Block Development and Panchayat Officer (BDPO) to appear on the next date of hearing.
There are around 450 government primary schools in the district, having approximately 35,000 students. On May 6, Newsline had highlighted the shortage of nearly 6,500 benches, around 190 classrooms, more than 13,000 metres of boundary wall and 75 teachers in these schools. Also, around one hundred schools needed major repair, according to the data provided by schools in the District Information of School Education (DISE) survey which is held every year.
In his reply to the Commission, the DEO said that a proposal for seeking grants is sent to SSA, Punjab, based on information gathered by the DISE survey and the grants are then used to fulfil the shortcomings in the schools.
He stated that a proposal seeking more furniture, classrooms and other infrastructure had been sent to the Director General of School Education (DGSE). Grants for 74 more classrooms had been sanctioned and as soon as funds are released, these will be forwarded to schools, he said.
Gurjit Singh also said that the shortage of books had been met and till May 25, all books had been distributed. He further said that he went to inspect the school in Chhoti Bari Naggal village which lacked a toilet. Rs 35,000 was sent to the school in 2005, but a toilet could not be constructed due to lack of land.
The Sarpanch said that an effort will be made to provide more land to the school in order to construct a toilet, the DEO said in his reply to the commission. He also said that at the primary school in Bishangarh village, a toilet had been constructed after funds were released in February.
As the school with no toilet comes under the Panchayati Raj Institutions, DEO Gurjit Singh wrote a letter to DEO (Panchayati Raj) Subash Mahajan who has also been summoned by the Commission.
The case was adjourned to September 3.

In the ongoing case regarding the poor state of Mohali government primary schools before the Punjab State Human Rights Commission, not only have the district authorities failed to submit a status report regarding the lack of infrastructure, but they also continue to pass the buck when it comes to the construction of a toilet in a rural primary school.
In the interim report filed by District Panchayat Education Officer (DPEO) Subhash Mahajan before the commission, he said that the construction of a toilet in the government school at Chhoti Bari Naggal village was the responsibility of the District Education Officer (DEO) as the latter had the authority to seek grants under the Sarva Shiksha Abhiyan (SSA) scheme.
Strangely, however, before the previous hearing, DEO Gurjeet Singh had submitted a report saying that the said school came under the Panchayati Raj institutions and he had written to the DPEO in this regard, after which the DPEO was summoned.
The commission has now given another opportunity to the education authorities to submit a report, and also summoned the District Education Officer (Elementary Education) and the Block Development and Panchayat Officer (BDPO) who failed to appear before the commission for the hearing on Thursday.
“No report has been received from DPI (Elementary Education), Punjab. Not caring for the orders of the commission has been viewed seriously. DPEO stated that he has no knowledge regarding these issues which are concerned with DEO,” said the commission in its order.
There are around 450 government primary schools in the district, having a strength of approximately 35,000 students.
On May 6 this year, Newsline had highlighted the shortage of nearly 6,500 benches, around 190 classrooms and more than 13,000 metres of boundary wall, among other things.
Also, around 100 schools needed major repair, according to the data provided by schools in the District Information of School Education (DISE) survey which is held every year.
The commission had taken suo motu cognisance of the report and asked for a status report from the authorities. In June, the DEO had replied that action had been taken to meet shortage of books while a proposal seeking furniture and additional infrastructure had already been sent to the Director General of School Education.

Guidelines for Comprehensive Welfare of Workers Engaged in Daily Sanitation and Hygiene Services

 

Recognition of Frontline Service

Sanitation and hygiene workers engaged in day-to-day civic sanitation are an indispensable workforce ensuring cleanliness, disease prevention and public health. During the COVID-19 pandemic, these frontline sanitation workers continued to perform essential duties at great personal risk, often without adequate protection, thereby rendering invaluable service to the nation. Their contribution merits special protection, dignity, safety and institutional support.

Accordingly, the following guidelines are issued for all Departments, Urban Local Bodies (ULBs), Municipal Corporations, Municipal Councils, Panchayats and agencies (including private agencies) employing sanitation and hygiene workers for routine sanitation duties.

 

 

1. Applicability

These guidelines apply exclusively to sanitation workers engaged in:

·        Road and street sweeping

·        Door-to-door waste collection

·        Solid waste handling and transportation

·        Cleaning of public toilets and community sanitation facilities

·        Cleaning of open drains (non-sewer, non-confined spaces)

·        Sanitation work in public buildings, markets, hospitals, hospitality sector, offices and public spaces

2. Core Principles

1.     Safety and Health Protection of sanitation workers is a primary responsibility of the employer.

2.     Dignity of Labour must be ensured at all times.

3.     Non-discrimination and humane working conditions are mandatory.

4.     Accountability of authorities cannot be diluted through outsourcing.

5.     Timely welfare, compensation and grievance redressal are integral to human rights protection.

3. Mandatory Safety & Protective Measures

 

3.1 Personal Protective Equipment (PPE)

All sanitation and hygiene workers shall be provided, free of cost and on a regular basis, with appropriate and regularly replaced Personal Protective Equipment (PPE), including:

• Hand gloves suitable for waste handling
• Gumboots or protective footwear
• Face masks (including N95 or equivalent)
• Reflective jackets/uniforms
• Head caps or protective headgear
• Soap, disinfectants, first aid kit, over the counter medicines and hand sanitizers

 

At private workplaces also, all sanitary and hygiene equipment required for performing sanitation and hygiene duties shall be provided regularly by the “employer”. Under no circumstances shall sanitation workers be required to procure, arrange or bear the cost of any safety or hygiene equipment.

 

3.2 Drinking Water & Basic Hygiene Facilities

• Safe and potable drinking water shall be provided at all sanitation work sites, including streets, collection points, public places and sanitation facilities and their respective workplaces.
• Facilities for handwashing with soap and water shall be ensured, in accordance with WASH (Water, Sanitation and Hygiene) principles recommended by the World Health Organization (WHO) and  Sphere Standards.  

 

4. Working Conditions

1.     Working hours shall be clearly defined and regulated.

2.     Weekly rest and gazetted/festival holidays shall be ensured.

3.     Adequate lighting, safe drinking water, and rest facilities shall be provided at all work locations.

4.     Sanitation workers shall not be subjected to abusive language, stigma or degrading treatment.

5.     It has been observed that in certain cases, sanitation workers, particularly those engaged in garbage collection and waste picking, are compelled due to socio-economic circumstances to be accompanied by their young children at work sites. Authorities shall take appropriate and humane measures to discourage the presence of minor children at sanitation work sites and shall coordinate with the concerned Departments for child welfare, education, anganwadi services and social support, so that the children of sanitation workers are protected from health hazards and are enabled to access education and care facilities.

 

5. Wages and Employment Security

1.     Written engagement orders or contracts shall be issued to all sanitation workers.

2.     Wages shall be paid as per DC rates / minimum wages, without delay or discrimination.

3.     No deductions shall be made for uniforms, PPE, training or safety equipment.

4.     Outsourced workers shall receive wages and benefits strictly in accordance with Government norms.

 

6. Health Protection & Medical Support

1.     Annual health check-ups shall be mandatory for all sanitation workers.

2.     Periodic medical camps shall be organised, especially during monsoon and disease outbreaks.

3.     Vaccinations (Tetanus, Hepatitis and other notified diseases) shall be ensured.

4.     Immediate medical assistance shall be provided in case of injury, infection or illness during duty.

5.     Sanitation workers shall be covered under Ayushman Bharat / ESI / applicable Health Insurance schemes.

6.     First-aid kits shall be made available at sanitation work sites, vehicles and designated offices, and supervisors shall ensure prompt first aid in case of injuries or health emergencies.

 

7. Training & Awareness

Authorities shall ensure regular and mandatory training, which shall include:

• Safe handling of solid waste
• Hygiene and infection prevention
• Use and maintenance of PPE
• Personal hygiene practices, including hand hygiene
• Heat stress, dehydration and occupational health risks
• Awareness of rights, entitlements and grievance redressal mechanisms

Such training shall be conducted in line with WHO WASH guidelines and training records shall be properly maintained.

 

8. Social Security & Welfare Measures

1.     EPF and ESI coverage shall be ensured wherever applicable.

2.     Accidental insurance coverage shall be mandatory.

3.     Uniforms suitable for seasonal conditions shall be provided.

4.     Sanitation workers shall be treated as frontline public health workers for welfare benefits.

5.     Access to relevant Government welfare schemes shall be actively facilitated.

 

9. Accident, Injury & Illness During Duty

1.     Immediate medical care shall be provided in all cases of injury or illness during duty.

2.     Incidents shall be reported to the controlling authority without delay.

3.     Compensation and insurance benefits shall be processed promptly.

4.     No sanitation worker or family shall be denied benefits due to contractual or outsourcing arrangements.

 

10. Grievance Redressal

1.     Every Urban Local Body and Department shall establish a functional and accessible grievance redressal mechanism for sanitation workers.

2.     Complaints relating to safety, drinking water, hygiene facilities, wages, harassment or denial of benefits shall be addressed in a time-bound manner.

3.     Contact details of grievance officers and helplines shall be prominently displayed at work locations and offices.

4.     No sanitation worker shall face retaliation for raising grievances.

 

11. Monitoring & Reporting

1.     Monthly review of sanitation worker safety, hygiene and welfare measures shall be conducted.

2.     Periodic compliance reports shall be submitted to the concerned Department and oversight authorities.

3.     Records of workers, PPE distribution, drinking water facilities, health check-ups and training shall be maintained.

 

12. Accountability

Failure to comply with these guidelines shall invite:

• Administrative action against responsible officers
• Penalties against defaulting contractors
• Liability for negligence affecting the health, safety or dignity of sanitation workers

 

13. Directions to All Urban Local Bodies & Departments

All Urban Local Bodies, Municipal Corporations, Panchayats, Departments, and outsourcing agencies must ensure strict and immediate implementation of these guidelines. Non-compliance shall be treated as a violation of fundamental human rights and dealt with accordingly.

GUIDELINES FOR ENSURING DIGNITY OF THE DEAD & RELATED HEALTH ADMINISTRATION PROTOCOLS

1. Provision of Mortuary Vans in All Hospitals

• Every Government and Private Hospital must maintain at least one fully functional mortuary van, exclusively dedicated for transporting unclaimed, unidentified, unprivileged or abandoned dead bodies .
• Large hospitals (100+ beds) should maintain two such vehicles considering higher footfall and medico-legal cases.
• The vans should be GPS-enabled, maintained in hygienic condition, and available round-the-clock.
• Hospital administration must maintain a logbook for usage, fuel expenditure, and purpose of transport.

 

 

 

2. Transportation of Unclaimed Dead Bodies by MCs / DCs

• All unclaimed and unidentified dead bodies requiring cremation/burial shall be transported with assistance from the concerned Municipal Corporation (MC) or District Administration (DC).
• A nodal officer shall be designated in every district to coordinate with hospitals, police, and MC for the seamless transfer of bodies.
• No hospital or police station shall keep unclaimed bodies beyond 72 hours unless required for medico-legal reasons.
• Every hospital shall maintain a dedicated hearse-van (funeral van) for providing free-of-cost dead-body transit facility
• MCs/DCs must maintain tie-ups with local NGOs/voluntary organisations to ensure timely last rites

3. Ensuring Last Rites for Unclaimed or Financially Weak Families

To uphold the rights of the deceased as mandated by the Hon’ble Supreme Court:

• Hospitals shall not refuse assistance for last rites for:
• Unclaimed bodies
• Economically weak families
• Homeless deceased individuals
• District/MC shall ensure:
• Free cremation/burial and transportation of all such corpses as mentioned in Point No. 1.
• Provision of firewood/electric cremation facility
• Crematoriums / burial grounds may bear the responsibility of providing basic essential / traditional items involved in performing last rites
• Religious-appropriate last rites should be performed in accordance with the deceased’s known community, faith, traditions, or cultural background, wherever such information is available
• Ensure the availability of adequate dead-body storage freezer boxes at cremation grounds and burial grounds for the temporary storage of bodies, to be provided for public use on a free-of-cost basis.
• The immersion of ashes, in holy rivers or other designated sacred water bodies, as per the religious customs or traditions of the deceased, shall be duly facilitated. This provision shall specifically apply to such unclaimed, unidentified, abandoned, or underprivileged dead bodies post-cremation. The Deputy Commissioner or the Municipal Corporation shall ensure proper arrangements for this service and may designate or authorise suitable NGOs or agencies to assist in performing it respectfully and in accordance with prescribed norms, ensuring the dignified completion of the last rites.

4. A Standard Operating Procedure must be prepared in coordination with

• Police
• Hospital administration
• Forensic medical officers
• Local governance bodies (such as Municipal Corporations, Municipal Councils, Nagar Panchayats, Gram Panchayats, and other local authorities)
• Civil society groups
• Religious groups, organisations, societies, and committees associated with various faiths and community traditions
• In medico-legal cases, care must be taken to ensure dignity while preserving evidence.

5. Prohibition on Withholding Dead Bodies Due to Non-Payment

• No hospital Government or Private shall withhold a dead body on account of unpaid bills.
• If any outstanding amount remains, the hospital may, if it so chooses, pursue recovery through lawful civil mechanisms; however, the body must be released to the family or authorised representatives without any delay.
• Violations may attract legal and human-rights proceedings.

6. Mandatory Display of Mortuary Van Contact Numbers & Free Cremation Schemes

• All hospitals shall clearly display: Mortuary/Hearse-van
• Contact numbers of Hearse van drivers/operators
• Helpdesk numbers for unclaimed-body management
• Information about free cremation schemes under Municipal Bodies
• Display boards must be placed:
• At casualty/emergency
• Mortuary entrance
• Hospital reception
• This information shall also be available on hospital and MC websites.

 

  7. Complaint Redressal Mechanism (Time-Bound)

• A time-bound Complaint Redressal Mechanism shall be established. In cases where the prescribed services are not provided, the aggrieved person may submit a complaint to the higher authorities such as the Municipal Corporation Commissioner or the Office of the Deputy Commissioner. A dedicated staff/official should be designated to receive, monitor, and resolve such complaints promptly. Additionally, if the complainant so wishes, they may approach this Commission (PSHRC) for redressal of their grievance.

8. Adequate Mortuary Capacity in Private Hospitals

• Small private hospitals must ensure capacity to store 2–3 corpses in their mortuary units, especially if they handle medico-legal cases.
• Dedicated mortuary facility including 2-3 Mobile Mortuary Freezers for temporary preservation of corpses
• Where such facility cannot be created due to infrastructure constraints, 2-3 Mobile Mortuary Freezers should be maintained for temporary preservation of corpses and in case of inability to develop and maintain permanent mortuary structures for “longer durations” - a formal MoU with the nearest Government hospital mortuary is mandatory
• Mortuaries shall:
• Maintain refrigeration at prescribed temperatures
• Ensure cleanliness and proper tagging of bodies
• Maintain records for chain-of-custody in medico-legal cases
• Periodic inspection by the District Health Authorities/Commission shall be mandatory

9. Mobile Mortuary Freezers at Crematoriums / Burial Grounds

• All crematoriums / burial grounds should maintain 2-3 mobile mortuary freezers so that the family of the deceased may avail the facility from the said crematorium / burial ground for hassle-free overnight preservation of the dead-body at their respective residence