Justice in Progress: NHRC Directs Monetary Relief for Family of Shailesh Bharti in Kushinagar Case

NHRC Directs District Magistrate Kushinagar to Release Monetary Relief in the Death of Shailesh Bharti: A Step Toward Justice for a Marginalised Family

Date of NHRC Order: 4 December 2025
Case No.: 21090/24/45/2024

In an important move reinforcing accountability in cases involving marginalized communities, the National Human Rights Commission (NHRC) has issued strong directions to the District Magistrate of Kushinagar, Uttar Pradesh, calling for the immediate release of monetary relief to the family of Shailesh Bharti, a 34-year-old man from the Musahar community who died under suspicious circumstances on 17 September 2024.

The complaint was filed by Dr. Lenin Raghuvanshi, noted human-rights defender and founder of PVCHR, who alerted the Commission about the case widely reported in local and social media. The victim, trapped in a cycle of microfinance debt, allegedly faced continuous harassment and intimidation that culminated in a violent incident and his subsequent death during medical treatment.

Background of the Incident

According to the NHRC’s summary of reports received from the police:

  • On 17 September 2024, Shailesh Bharti, resident of Jungle Khirkiya village, was attacked by individuals identified as Subhash, Virendra, and others in a dispute reportedly linked to microfinance loan pressures.

  • He was taken for medical treatment but succumbed to injuries.

  • The deceased left behind his wife Smt. Mala Devi, a two-year-old son, and at the time of his death, she was seven months pregnant, making the family’s situation extremely vulnerable.

An FIR (No. 650/2024) was filed at Police Station Kotwali Padrauna under sections 115(2), 352, 105 of BNS, and Section 3(2)(V) of the SC/ST (POA) Act.

Investigation Findings

The Circle Officer, Sadar, conducted the investigation, during which:

  • The post-mortem report was inconclusive, prompting preservation of viscera.

  • The Forensic Science Laboratory (FSL), Gorakhpur, confirmed the presence of poison.

  • Sections 115(2)/105 BNS were removed and replaced with 351(3)/108 BNS, reflecting evidence of assault and culpability.

  • Accused Virendra (son of Santosh) was found prima facie guilty under Sections 351(3)/108/352 BNS and Section 3(2)(V) SC/ST Act.

  • He was sent to judicial custody on 9 April 2025.

  • Other accused—Subhash, Mantu, and Uma Nishad—were not charged due to insufficient evidence.

  • A chargesheet has been filed and the case is currently under trial.

NHRC’s Observations and Decision

After reviewing submissions from the Superintendent of Police, Kushinagar, and earlier reminders issued by the Commission, NHRC concluded:

  • The SC/ST (POA) Act has been correctly invoked.

  • The victim's family, as Next of Kin (NOK), is legally entitled to monetary relief under Annexure-I of the SC/ST (POA) Rules, 2016.

Key NHRC Direction

The Commission directed the:

District Magistrate, Kushinagar, Uttar Pradesh, to release monetary relief to the victim’s family within six weeks and to submit a compliance report.

The DM has been instructed to respond through the official HRCNet Portal, with the deadline for additional documentation set as 25 January 2026.

Significance of the Order

This directive is a vital step toward securing justice and support for a highly vulnerable Dalit community family. It acknowledges:

  • The systemic risks faced by Musahar and other marginalized households.

  • The pattern of exploitation and harassment linked to unregulated microfinance loan practices.

  • The need for strong institutional action when atrocities involve Scheduled Castes and Scheduled Tribes.

The NHRC order underscores the importance of prompt relief, transparent investigation, and legal accountability.

A Continuing Journey Toward Justice

While monetary relief offers immediate support, the broader battle for justice continues in the courts. The case also reveals deeper structural issues—debt traps, predatory lending, caste-based vulnerabilities, and failures of local protection systems—that require sustained advocacy.

PVCHR and human-rights advocates will continue monitoring the proceedings and supporting the victim’s family to ensure they receive justice, dignity, and rehabilitation.


NATIONAL HUMAN RIGHTS COMMISSION
MANAV ADHIKAR BHAWAN BLOCK-C, GPO COMPLEX, INA, NEW DELHI- 110023
Fax No.: 011-24651332    Website: www.nhrc.nic.in
(Law Division)
Case No.- 21090/24/45/2024
Date : 04/12/2025  
To,
THE DISTRICT MAGISTRATE
Padrauna, Rabindra Nagar Dhoos, Uttar Pradesh
KUSHI NAGAR UTTAR PRADESH
274402
Email- dmkus@nic.in

 
Sub : Complaint/ Intimation from

LENIN RAGHUVANSHI
SA 4/2 A DAULATPUR, PANDEYPUR VARANASI, DAULATPUR, VARANASI
VARANASI , UTTAR PRADESH
221002
Email- pvchr.adv@gmail.com , Mob No- 9935599331

 
Subject: Additional Information Called for(AIC) -21090/24/45/2024.
 
Sir/ Madam,
 
         I am directed to say that the matter was considered by the Commission on 04/12/2025 and the Commission has directed as follows.:
         

1. The complainant has drawn attention of the Commission towards news widely published on social media regarding death of a young man from the Musahar community, named Shailesh, aged 34-year, r/o Jungle Khirkiya village in Kushinagar, Uttar Pradesh, who died on 17.09.2024 under suspicious circumstances after falling into a debt trap with microfinance companies. A case u/s 115(2), 352, 105 BNS and u/s 3(2) (v) of SC/ST (POA) Act has been registered by the Police at PS Padrauna against four accused persons. It has also been stated that the widow Smt. Mala of the deceased Shailesh has a son of two-year-old and she has pregnancy of seven months. The family was harassed by loan agents, leading to a dispute with a local family.

2. Vide proceedings dated 29.05.2025, reminder was issued to the Superintendent of Police, Kushinagar, Uttar Pradesh for filing of current status report in connection with   Case No. 650/2024 of Kotwali Padrona Police Station dated 19.09.2024, in the matter.

3. Pursuant to the same, three communications have been received including report dated 30.06.2025 of SP, Kushinagar, Uttar Pradesh wherein it is stated on 17.09.2024, Shri Shailesh Bharti, husband of the complainant Smt. Mala Devi, was attacked by some persons Subhash, Virendra and others due to a money related dispute. He later died during medical treatment. Based on the complaint of Smt. Mala Devi, an FIR No. 650/2024 has been registered on 19.09.2024 at Police Station Kotwali Padrauna U/s 115(2)/352/105 of BNS and Section 3(2)(V) of the SC/ST Act. The accused persons named in the FIR were (1) Subhash Nishad (2) Mantu Nishad (3) Virendra and (4) Uma Nishad. It is further stated that the investigation was carried out by the Circle Officer, Sadar. As the cause of death was not clear in the post-mortem report, the viscera was preserved and sent to the Forensic Science Laboratory, Gorakhpur. The viscera report confirmed the presence of poison. After investigation, Section 115(2)/105 BNS was removed and Sections 351(3)/108 BNS were added. The charge against accused Virendra, son of Santosh, U/s 351(3)/108/352 of BNS and Section 3(2)(V) of the SC/ST Act was found to be proved. He was sent to judicial custody on 09.04.2025. The other accused Subhash, Mantu, and Uma Nishad were not found guilty due to lack of evidence during investigation. Charge-sheet has been filed in the competent court against Virendra and the case is currently under trial.

4. The Commission has considered the material placed on record. The submitted report revealed that the chargesheet u/s 351(3)/108/352 of BNS and Section 3(2(V) SC/ST (POA) Act has been filed. Sections 3(2(V) SC/ST (POA) Act has been invoked and therefore, NOK of deceased victim is entitled for monetary relief Annexure-I, SC/ST (POA) Rules, 2016.

5. Therefore, let direction be issued to the District Magistrate, Kushinagar, Uttar Pradesh, to release monetary relief to the victim as per Annexure-I, SC/ST (POA) Rules, 2016, and submit compliance report of payment, within six weeks.   

 
2.     It is therefore, requested that the additional/ complete report as directed by the Commission in the matter be sent latest by 25/01/2026, for futher consideration by the Commission.
 
3.     Any communication by public authorities in this matter may please be sent to the Commission through the HRCNet Portal (https://hrcnet.nic.in) by using id and password already provided to the public authorities (click Authority Login). Any Audio/ Video CDs/ pen drives etc. may be sent through Speed Post/ per bearer. The reports/ responses sent through email may not be entertained

Your’s faithfully
Sd/-
Atul Kumar
ASSISTANT REGISTRAR (LAW)
M-5 Section
Ph. No. 011-24663287

CC to

Atul Kumar
ASSISTANT REGISTRAR (LAW)
M-5 Section
Ph. No. 011-24663287



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