Monu v. Secretary-General, NHRC

1. This hearing has been done through hybrid mode.

2. The Petitioner challenges the impugned order dated 5th April, 2022 passed by the Respondent No.1 - National Human Rights Commission (hereinafter, “NHRC”) in Case No.60/8/11/2022 dismissing the complaint filed by the Petitioner regarding the negligent death of a two year old child, in limine. The ground for dismissal is that the Appeal is time barred under Section 36(2) of The Protection of Human Rights Act, 1993 (hereinafter, “the Act”).

3. In the background of the present case, the incident complained of by the Petitioner took place on 12th September, 2020. The said complaint relates to negligence and seeks compensation in respect of the death of a two year old who succumbed to kidney and brain injuries induced by an allegedly adulterated cough syrup containing diethylene glycol or DEG. The said child was admitted to the hospital in July, 2020, and unfortunately, passed away on 12th September, 2020. Thereafter, the complaint was filed by the Petitioner on 11th March, 2022.

4. Section 36 of The Protection of Human Rights Act, 1993, reads as under:

5. As per the above provision, the NHRC or the State Commission cannot enquire into an incident after the expiry of one year from the date on which the act constituting violation of human rights is alleged to have been committed. In the present case, on the strength of Section 36(2) of the Act, the NHRC has declined to entertain the complaint of the Petitioner as the incident took place on 12th September 2020 and the complaint was filed on 11th March 2022. It is six months beyond the one year period.

6. It is noticed that the death of the child took place during the Covid-19 pandemic, and the limitation period of one year was also during the Covid-19 pandemic. Thus, it is relevant to note that the orders of the Supreme Court in Suo Moto Writ Petition (Civil) No. 3 of 2020, titled In Re: Cognizance for Extension of Limitation, wherein the Supreme Court has observed as under:

7. In terms of the above directions of the Supreme Court, the time period between 15th March, 2020 to 28th February, 2022 as may be prescribed under any general or special laws in respect of all judicial or quasi judicial proceedings, shall stand excluded for the purpose of limitation.

8. Thus, this Court is of the opinion that the complaint of the Petitioner would not be barred by limitation. Accordingly, the matter is remanded to the NHRC for fresh consideration on merits, in accordance with the procedure prescribed in the Act and the Rules thereto.