Posted on 25/10/2022
Updated on 04/11/2022
Following our previous two consequent complaints to the NHRC against the Apex Court of India and the RBI respectively ⤡ ⤡, on 25/10/2022, another complaint (Diary No. 17904/IN/2022, Case No. 4916/25/15/2022) was filed before the National Human Rights Commission (NHRC), India, by pointing out the curtailment or gross violation of business-related human rights (as guaranteed by the United Nations Guiding Principles under the purview of international law ) in the context of the DHFL scam. The complaint provided a brief summary of the DHFL scam along with a prayer for reinstating or restoring the basic financial rights of the small depositors, viz., the FD and NCD Holders. The complaint has this time been addressed to the RBI-Appointed Administrator of the CoC for DHFL, Mr. R Subramaniakumar.
(Though we know that the appeal, on behalf of all the FD & NCD holders, will soon be disposed of by the NHRC; even so, it will make it easier for us to approach the OHCHR.)
A copy of the complaint (in PDF) is provided as follows:
The relief sought on behalf of all the FD and NCD Holders of DHFL is given as follows:
My Parents, Rupa and Debaprasad Bandyopadhyay, being the victims of DHFL scam, I wish to claim my parents’ human rights guaranteed by the UN Guiding Principles on Business and Human Rights, the Access to remedy for victims of business related abuses, in the context of financial abuse committed by RBI appointed DHFL CoC. I demand the repayment of my parents’ principal amount with interest along with compensation for infringing human rights of all the victims.
A supporting document was also attached therewith:
Further updates on the complaint filed shall be provided accordingly.
Quite soon enough, the reply to our complaint came from the Law Division of the NHRC. The reply (in PDF) is being attached below:
Alas! As expected, our case was closed almost immediately!
How can we keep any faith in any of the existing organs of the so-called “world’s largest democracy”?
“The answer my friend, is blowing in the wind…”
Dissatisfied and disgusted with the reply, we sent a mail to the concerned authority by also forwarding it to the Office of the United Nations High Commissioner for Human Rights (OHCHR). Given below is the full text of our mail:
Mr. R K Puri,
NATIONAL HUMAN RIGHTS COMMISSION (LAW DIVISION)
Sub: Human rights compromised with regard to Case No. 4916/25/15/2022Dear Mr. Puri,
I am not at all surprised to view your answer to my complaint
on financial abuse⤡ as I already anticipated that my plea would not be entertained, though it is closely related to the United Nations Guiding Principles on Business and Human Rights, viz., the Access to remedy for victims of business-related abuses. Furthermore, I have also understood that all the fundamental human rights, the freedom of the press etc., are utterly compromised in the “party free” Indian democracy, as reported by various international human rights organizations:
- India Is No Longer a Democracy but an ‘Electoral Autocracy’: Swedish Institute ⤡ (As reported on 11th March 2021, © The Wire)
- “Democracy under Siege” VIEW HERE ⤡ (©Freedom House)
- India is now only ‘partly free’ under Modi, says report ⤡ (As reported on 3rd March, 2021 © BBC News)
Kindly remember the dictum “International Law is the vanishing point of jurisprudence”. It is also to be noted that the NCLT First order and NCLAT Second order have already revealed the illegitimacy of the RBI-appointed CoC for DHFL. I am forwarding this letter along with the case history of the concerned financial scam to the Office of the United Nations High Commissioner for Human Rights (OHCH
R). It is a matter of regret that as citizens of India, we are demolishing the image of our own country!
To conclude: I am losing faith in the Indian judiciary.
1. The Office of the United Nations High Commissioner for Human Rights (OHCHR)
P.S: The overall scenario of the incident of infringing business-related human rights:
The above mail was diarised by the NHRC on 3rd November, 2022: