Head Constable Suicide Case: Agreement Reached, Protest Ends, But Honour of Dead Body Act Overlooked?

Jaipur- After five days of intense protest following the tragic suicide of Head Constable Babulal Gothwal at the Mukundpura outpost in Bhankrota, an agreement was finally reached between the grieving family and the government on August 27. The family, who had been demanding justice and accountability, ended their protest after the government conceded to their key demands.

A Special Investigation Team (SIT) was formed under the leadership of ADG Crime Dinesh MN to investigate the case. Additionally, Additional DCP Jagdish Vyas and ACP Anil Sharma were put to awaiting posting orders (APO), and Sub-Inspector Ashutosh Singh was suspended.

The government also announced financial compensation and support for the family, including a job for Gothwal's son. However, amidst these developments, the Rajasthan Honour of Dead Body Act, 2023, which prohibits using a dead body for protests, seems to have been overlooked, raising questions about the enforcement of this law during emotionally charged situations.

On August 22, 2023, Head Constable Babulal Bairwa, who was the in-charge of the Malkhana at Bhankrota police station, Jaipur, tragically took his own life by hanging himself. In his suicide note, Bairwa accused several senior police officers, including ACP Anil Sharma, ASP Jagdish Vyas, and Sub-Inspector Ashutosh, of harassment and wrongful actions that led to his dismissal. Additionally, a journalist, Kamal Degda, was accused of blackmailing and humiliating Bairwa through social media.

Following Babulal Bairwa's suicide, his family members and supporters initiated a protest outside the SMS Hospital mortuary in Jaipur, demanding justice. The key demands included a CBI investigation into the case, the arrest of the named police officers, and proper compensation for the family. Despite the enactment of the Rajasthan Honour of Dead Body Act, 2023, which mandates respect for the deceased and prohibits using a dead body for protests, the family continued their demonstration for six days.

Government's Response

On August 27, after extensive negotiations between the family and government officials, including the DGP and Additional Chief Secretary (Home), a resolution was reached. The government conceded to the family's demands, which led to the conclusion of the protest. The key agreements made were as follows:

1. Special Investigation Team (SIT):
   A Special Investigation Team (SIT) was formed under the leadership of ADG Crime Dinesh MN. The team includes prominent officers such as IG Praful Kumar, ASP Sohail Raja, SP Prahlad Krishnia, and other senior officials from CID Crime Branch. The SIT is tasked with thoroughly investigating the circumstances leading to Bairwa's suicide, particularly the allegations against the senior police officers.

2. Action against Police Officers:
   In response to the family's demands, Sub-Inspector Ashutosh was suspended, while ACP Anil Sharma and ASP Jagdish Vyas were transferred to awaiting posting orders (APO). This action was taken to ensure a fair and unbiased investigation.

3. Ex Gratia and Compensation: The government announced a series of financial and welfare measures for Babulal Bairwa's family:

   • Ex Gratia Payment: The family will receive financial benefits amounting to ₹55 lakh as part of Babulal Bairwa's service-related entitlements.

   • Job for Son: Bairwa’s son, Tanuj, will be given a government job under the compassionate appointment scheme.

   • Contractual Job for Daughter: His daughter will be offered a contractual job in Jaipur.

   • Educational Support: Another daughter, Sakshi, will be adopted by the police department, which will cover her education and future marriage expenses.

The Rajasthan Honour of Dead Body Act, 2023:

The Rajasthan Honour of Dead Body Act, 2023, was intended to ensure the dignity and timely last rites of the deceased. The Act places specific responsibilities on the family members of the deceased to uphold the dignity of the dead. Firstly, it mandates that the family must perform the last rites of the deceased as soon as possible, unless there are valid reasons for delay, such as the arrival of next of kin, medico-legal issues, or other exceptional circumstances.

Secondly, the family is required to take possession of the body once it has been legally handed over by authorities, ensuring that all necessary legal procedures are followed.

Lastly, the Act strictly prohibits the use of the dead body for protests or remonstrations, and family members are not permitted to allow others to use the body for such purposes. This provision aims to prevent the deceased from being used as a tool for political or social demonstrations, thereby preserving their dignity.

However, in this case, the Act’s provisions seemed to be overshadowed by public sentiment and political pressure. Although the family’s protest was technically in violation of the law, which prohibits using a dead body for remonstration, no legal action was taken against the protestors. Instead, the government focused on meeting the family's demands, reflecting the complexities of enforcing such legislation in emotionally charged situations.