Ridiculing a person by caste, race, colour, religion, physical appearance is cruelty and sadistic pleasure, Madras HC opines

CHENNAI: Ridiculing a person by caste, race, colour, religion, and physical appearance is nothing but cruelty and a sense of sadistic pleasure, the Madras High Court opined and directed the State Human Rights Commission (SHRC) to drop the disciplinary proceedings against a police officer for torturing a physically challenged person as the officer assured to pay compensation.

A division bench of Justice SS Sundar and Justice N Senthil Kumar heard a petition moved by S Parthiban, sub-inspector of Kelamangalam police station in Hosur, seeking to quash the disciplinary action ordered by the SHRC against him.

The allegations against the petitioner are physical torture and abusing the complainant with filthy language, “usage of filthy and unparliamentary words against subordinates happen regularly by or at the behest of higher authorities irrespective of their positions, this state of mind in every category depicts their superiority against persons working under them,” read the judgment.

“The violence to the body may be considered as physical torture, but the violence by way of ridiculing a person’s physical ailment is an unbearable insult to any person, and it is another form of discrimination that borders on a sense of untouchability,” the bench wrote.

The order of standing and the hierarchical structure of authority is a system of governance, while the system is insulated, it is all the more duty of the personnel acting under authority to ensure the rights, safety, and dignity of those who may be placed subordinate to them. The system has not given a carte blanche rule to displace human rights that must be protected in any case, wrote the bench while partially allowing the petition.

The SHRC order disclosed that Parthiban had illegally detained a physically challenged person at the police station and tortured him physically and mentally.

The complainant submitted that the police officer had a nexus with local rowdies - Shivaprakash and Hari - and illegally detained the complainant based on a foisted complaint and humiliated him by making him naked, said the complainant.

It was also submitted that Parthiban ridiculed his physique and abused him and his wife with filthy language. Hence the complainant complained to SHRC regarding the custodial torture.

In October 2022, the SHRC confirmed the allegation against Parthiban and recommended disciplinary action with the direction to pay Rs 4 lakh as compensation to the complainant. Challenging the disciplinary action, Parthiban moved to the High Court.