The National Human Rights Commission (NHRC) on Tuesday reminded the state government to pay Rs50,000 to Shaheen Dhada and Rinu Shrinivasan, for illegally detaining the two over their Facebook posts on the demise of Balasaheb Thackeray in November 2012.
The commission held that the detention of the two girls by the police was a violation of the freedom of speech and expression guaranteed in the Constitution and it issued a notice to the state to show cause why they should not be paid monetary relief.
However, there has been no response from the government and, therefore, in its latest direction the commission asked the chief secretary to submit a compliance report along with proof of payment with four weeks.
The commission also warned that if the government failed to implement the direction it would be constrained to take recourse to a coercive process under section 13 of the Protection of Human Rights Act, 1993.
Dhada had posted a message lamenting the shutdown across the city and surrounding areas over the passing away of the Shiv Sena founder and Shrinivasan 'liked' the post. The two were arrested on November 19, following a complaint by a Shiv Sena leader in Dahanu.
The commission enquired into the case and observed that there was no malicious intent in the comment that would hurt the feelings of any class or religious group.
The comment only stated that the bandh enforced as a mark of respect to the departed leader was unnecessary and that the shutdown happened more from fear. Anyway bandhs have been declared illegal by the court.
The commission concluded that the police had no reasonable ground for invoking section 505(2) of the Indian Penal Code. Due to the over-reaction by the police, the two young women were arrested and the state was responsible for this.
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