…………………………………………………………………………………………
Issue: Intimidation, right to life with dignity,
threat to human rights defender, Violence against women
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Dear Friend,
Peoples' Vigilance Committee on Human Rights
(PVCHR) Secretary General / Executive Director Dr. Lenin Raghuvanshi received a
notice from police station of Catt in Varanasi on
January 24, 2013 at around 2.30 pm on complain of perpetrator Mr. Sunil Kumar Gupta on 16 January 2013, the day when the news were published after the press conference of
survivor Mrs. Sapana Chaurasiya. But no action on complain on 3 December and 5
December 2012 about violence against woman, threat on December 16 and 20, 2012
by husband of Mrs. Sapana to Shruti Nagvanshi & Lenin Raghuvanshi
respectively and again threat on Lenins’ mobile on 16 January 2013.
Case
detail:
PVCHR office
received a 23-year-old woman Sapana Chaurasiya who was in trouble due to the
atrocities by her husband. He used to abuse her every now and then, attacked
her dignity in public by humiliating her in front of people, sexually assaulted
her and made MMS. She suffered all this at the hand of her husband. She was not
allowed to talk to any of the relatives, friends or neighbours and was
threatened of dire consequences if she would speak to someone.
It is possible
that his previous wife too was tortured like this and out of frustration she
committed suicide in the house. However he could convince the in-laws and there
was no case filed against him therefore he has a high spirit to commit such
offences against the woman he marry. He would take names of musclemen while
talking and flaunt their names as in close proximity. One the victim tried lodging
a complaint with the Khojwa police-out-post but instead of listening to her
woes the cops there tried to convince and threaten her to go back.
Once when she
was upset with the torture of her husband she escaped to her mother’s house.
But then he sent her a packet in which there were her clothes that were cut in
to tiny pieces. He told her that I have sent your clothes now but if you do not
return back soon I will do the same with your children so if she wanted has
children to live she should come back. Even then she refused to go back. Then
her brother Shyamsunder was lifted by cops and held captive in the police
station. He was set free only when she went back.
Testimony of Sapana
Chaurasiya:
I am Sapana
Chaurasiya age 23 years. My mother is Munni Devi and
father late Ramnarayan Chaurasia, a resident of Samne Ghat (Shivaji Nagar
Colony) police station Lanka, Varanasi, Uttar Pradesh. We are a family with two
brothers and four sisters, of which I am the youngest sister.
I was sent by
my mother along with a neighbourhood woman Kiran, who used to frequent our
place often in Shivaji Nagar to get a picture clicked for my marriage. After
getting the picture clicked the woman took me to Sandesh restaurant telling she
wanted to offer me some sweets. But after some time there came a man called
Sunil son of Kanhaiya Gupta, resident of B24/151, Kashmiri Ganj, Ram Mandir,
Khojwa, police station Bhelupur along with few other friends. He came with
friends Vinod, Dhobi, Banti and Lamboo and a lawyer and asked me to sign a
paper. I started crying when they forced me to do so and I said how could I do
this how could I marry like this? I told them my mother was not here and I
cannot sign but Kiran forced me to sign. This was June 26, 2005.
Four days later
I was forced to marry with him at a Shiv temple and he then took me home. As
soon as I reached his home he started misbehaving with me in front of his other
family members and when I resisted he slapped me in front of them. I was not
aware about his family till then. It was after reaching his house that I got to
know he had a son and a daughter (who were 17 and 15 years of age by then). I
was not aware of all this till then. By the evening I told him that I will not
stay any more with him then he convinced me to stay on making an excuse of
illness. I thought it to be fait accompli and became ready to stay.
But my husband
was a horrible man who abused me every now and then. There was nothing in
between us as there is a sweet relationship between husband and wife in common.
He never treated me like wife. Whenever I asked to leave for my mother’s house
he would refuse permission. He made sure I do not talk to anyone in his family,
among his relatives or friends. He had asked everyone and threatened them to
stay away from me.
He never
treated me like a wife is treated by her husband and neither did his family
members considered me their daughter-in-law. In fact I never got treated as
human in that house. My parents were not allowed to some and see me either.
My husband made
MMS of our physical relationships and whenever I refused to make a relationship
he threatened me that he would make those MMS public and defame me. He
regularly threatened me that he would kill my brother.
His previous
wife too had committed suicide probably out of this behavior in the house.
However in absence of a legal case he is thinking himself safe.
My husband has
been involved in many criminal activities. He takes names of musclemen while
talking and flaunt their names as in close proximity. Once I had gone to lodge
a complaint with the Khojwa police-out-post but instead of listening to her
woes the cops there tried to convince and threaten me to go back.
Once when I was
upset with the torture and escaped to her mother’s house he had sent me a packet
in which there were clothes that was cut in to tiny pieces. He told me that I
have sent your clothes now but if you do not return back soon I will do the
same with your children so if I wanted children to live I should come back.
Even then I refused to go back. Then my brother Shyamsunder was lifted by cops
and held captive in the police station. He was set free only when I went back.
Sunil used to
inject me medicines meant for mentally challenged person to make me mentally
weak. My face went dry and I could not even take care of my little son who is 5
years old. When I became very ill due to the adverse impact of the medicines I
was admitted to Banaras Hindu University (BHU) under a famous psychiatrist.
There at the hospital the counselor asked me why I was not willing to live with
my husband but out of fear I could not tell them the exact situation. Sunil has
already fed the doctors and staff that his wife was not willing to live with
him neither did she wanted to go anywhere with him.
Sunil used to
change his behavior in front of others and acted as if he loved me a lot. His
acting could have confused anyone.
Sunil
continuously tried to make me mentally weak and often said if I die he would
get enormous money. He had got my life insurance done.
Once when I was
under serious impact of the medicine he gave me a horrible hair cut and then
called up everyone to show me and said see she has gone mad and done such a
haircut. I was unable to understand anything then and thought what was going on
with me. Even today thinking of those days gives me chill.
If I go back my
husband will kill me. I love my son a lot and want to live for him. To all I
plead that if they want me to live I shall not be sent back to my husband’s
house as I cannot live with him in any condition. I shall be given divorce and
my son should be saved.
On 5th December,
2012 PVCHR sent letter to Director General of Police, National Women
Commission, National Human Rights Commission, Hon’ble Chief Minister of Uttar
Pradesh, Home Secretary, Central Home Secretary, Senior Superintendent of
Police and Shri Rahul Gandhi.
DGP complaint
cell took cognizance and NHRC issued notice to Senior Superintendent of Police
in case no. 42218/24/72/2012/UC dated 15 December, 2012 http://www.pvchr.net/2012/12/heard-to-unheard.html.
In spite of taking action police is giving threat to Sapana Chaurasiya’s brother Shyam
Sunder and due to fear he ranged
to Sapana and said that she had to produce in Bhelupur police station for making
statement.
Sunil Gupta along with one person came to PVCHR office on 16th December, 2012 at 8:30 pm when
Lenin Raghuvanshi was in Mumbai. He talked with Ms. Shruti Nagvanshi, Managing
Trustee of PVCHR for more than 45 minutes and continuously making
pressure and willingness to meet his wife. Again Sunil Gupta came nearly 8.30
AM of 20th December, 2012 to office and threaten to Dr. Lenin. Lenin received treat call on his mobile
+91-9935599333 from mobile number +91-9452302585 on 11:52 AM of 16th
January 2013 and Lenin immediately filed complain to NHRC and SSP, Varanasi by registered
letter and email. http://www.petition-nhrc.blogspot.in/2013/01/fwd-0.html
After all interventions and no action or negative action by Varanasi
police, Survivor Sapana organized press conference on 23 January 2013 and media
published in very sensitive way.
On 24 January 24, 2013 Lenin received notice from police on complain of perpetrator Mr. Sunil
Kumar Gupta on 16 January 2013 to superintendent of police (City).SP (City)
Varanasi immediately issued letter to Circle office of Cantt area in Varanasi
to inquiry against letter by letter number S.T./Nagar-05/13 Dated 16 January
2013. It is a threat to the
security of Sapana and the activists of PVCHR. Immediately again Lenin
petitioned to NHRC, Home Secretaries at central and state, Governor of UP,
Chief Minister, DGP, IG,SSP and SP City. http://www.pvchr.net/2013/01/blog-post_24.html
Testimony Of Lenin Raghuvanshi:
The
victim Sunita Chaurasia had conducted a press conference on January 23, 2013
and the related news items got published the next day.On January 24, 2013 the
day when the news were published a constable from the Cantonment police station
reached my place at around 2.30 pm and gave a notice.
The notice read that on
the basis of the complaint filed by perpetrator Mr Sunil Kumar Gupta on January
16, 2013 a probe is being conducted by the SP (city) Varanasi.
It may be mentioned
that on December 20, 2012 Sunil Kumar Gupta had come to my office and
threatened me and after that I had filed a complaint letter with the senior
superintendent of police, Varanasi through registered post ( Registry Number: EU13130760IN
dated December 21, 2012).
But there has been no
action on my letter. In the letter I had written that Sunil Kumar Gupta has
threatened to get the organization trapped viciously. Not only this the women
cell of the Varanasi police has been threatening and pressurizing after the
victim Sapna Chaurasia wrote a letter on December 03, 2012 and the letter sent
by me on December 05, 2012. After this the victim Sapana again sent a letter on
January 19, 2013 against misbehave of women cell of district police and myself
on January 22, 2013 to the senior superintendent of police about mal-treatment
by patriarchal women cell of police in Varanasi.
Not only this, the
National Human Rights Commission(NHRC) has directed the SSP, Varanasi through
its letter on December 15, 2012 to probe the matter and sent back a report in 4
weeks (case number 42218/24/72/2012/UC). Apart from this the Varanasi police
has hushed up the matter of unnatural death by hanging of Soni Gupta the first
wife of Sunil Kumar Gupta in 2002 (post mortem report number 1280/2002). This
indicates the connection and power of Sunil Kumar Gupta and the role of
Varanasi police.
If the statement of
Sapna Chaurasia in affidavit given before the SSP, Varanasi is read and her video statement is viewed http://vimeo.com/55757055, then
it is clear that Sapna Chaurasia has named Sunil Kumar Gupta to be involved in
several illegal actions and she has also said that he used to name mafiaso. I
have also got calls from several white collar people in the city to get myself
away from this case.
I fully understand that
the police-mafia nexus might make attempt to kill me or my family members or
try to get me trapped in bogus case. I have been threatened so on December 20,
2012 and January 16, 2013.
Therefore, I request
that I, my family, Sapna Chaurasia and her family be protected and a probe
should be conducted at high level by the CBCID or CBI due to involvement of
corrupts in all sectors such as media, police, NGOs, lawyers, relatives etc,
because I received many calls and advises from them to withdrawal my petition and support.
First time in my life, I am feeling that my death is so near. I believe in life
before death like Jesus, so I am going to fight up to my death against corrupt
and patriarchal elements. If I will be died, please support to people of PVCHR
and provide care to my son. It is my testimony on the birthday of my son Kabeer
karunik on 24 January 2013.
More
information:
It has been 65 years since India — the largest democracy
in the world — attained independence.
Yet, justice for all is still a far cry in the country where the caste system
continues to determine political, social, and economic lives of a billion
people.
Money and muscle power, together with political string-pulling, often result in
denial of justice for the hapless ‘have-nots’, especially the Dalits
(untouchables), ravaged by poverty and illiteracy.
Atrocities and extortion on the Dalits, fake encounters,
refusal to register complaints against the well-heeled, arbitrary arrests on
false charges, illegal detention and custodial deaths are in commonplace.
In the absence of a modern social audit system, the
keepers of the law often unleash a ‘police raj’, especially in rural India. A
crippled National Human Rights Commission and its state subsidiaries with
limited recommendatory control and a dysfunctional Legal Aid System depict a
gloomy picture indeed.
In a unique way, Lenin Raghuvanshi, a veteran human rights
activist, fighting the case-studies primarily drawn from Uttar Pradesh,
registering the highest rate of crime against the Dalits, chronicles how with
implicit support from the administration, the Dalits are tortured and subjected
to humiliation by the higher castes, like being garlanded with shoes, their
faces blackened or being forced to ride an ass; yet, in most of the cases,
violence, deaths or custodial tortures that are committed against the
marginalised and deprived castes go unrecorded.
Ironically, even after having shed the colonial yoke, its
legacy continues in the administrative framework of our independent India
marked with widespread corruption which has rendered many government-sponsored
schemes in rural India a failure.
Lenin Raghuvanshi, an Ayurvedic physician by profession,
has been working for the rights of bonded and child labourers and other
marginalised people in Varanasi and eastern part of Uttar Pradesh, India. In 1996,
he and his wife Shruti founded People’s Vigilance Committee on Human Right
(PVCHR), a community-based organisation, to break the closed, feudal
hierarchies of conservative slums and villages by building up local
institutions and supporting them with a high profile and active human rights
network.
He has become the symbol of nonviolent resistance among
millions of Dalits fighting for dignity. For his commitment in favour of
marginalized people, he has periodically suffered death threats.
Already an Ashoka Fellow, Lenin was the President, United
Nations’ Youth Organisation (UNYO),Uttar Pradesh (India) Chapter. Lenin’s work
has been recognised with Gwangju Human Rights Award for 2007. In 2009, in
collaboration with the Rehabilitation and Research Centre for Torture Victim
(RCT), Denmark, Lenin developed Testimonial Models for torture survivors in
India. City Council of Weimar in Germany selected Lenin Raghuvanshi for the
International Human Rights Award for 2010.
…………………………….
PLEASE SEND YOUR
LETTERS TO:
1.
Chief Secretary
Government of Uttar Pradesh
Shri Lal Bhadur Shastri Bhavan
Lucknow 226001, Uttar Pradesh
INDIA
Fax: +91 52 2223 9283
Email: csup@up.nic.in
2.
Director General
of Police
1-Tilak Marg, Lucknow
Uttar Pradesh
INDIA
Fax: + 91 522 220 6120 / 220 6174
E-mail: police@up.nic.in
3.
Chief Minister
Government of Uttar Pradesh
Chief Minister's Secretariat
Lucknow, Uttar Pradesh
INDIA
Fax: + 91 52 2223 0002 / 2223 9234
E-mail: csup@up.nic.in
4.
Inspector
General of Police
Varanasi Zone
Varanasi, Uttar Pradesh
INDIA
Email: igzonevns@up.nic.in
5.
Senior
Superintendent of Police
Varanasi, SSP Office
Kachahari, Varanasi, Uttar Pradesh
INDIA
Email: sspvns@up.nic.in
6.
Mrs Margaret Sekaggya
Special Representative of the Secretary General for human rights defenders
Att: Ben Majekodunmi
Room 1-040
C/o OHCHR-UNOG, 1211 Geneva 10,
SWITZERLAND
Tel: + 41 22 917 93 88
Fax: + 41 22 917 9006
E-mail: urgent-action@ohchr.org
7.
Chairperson
National Human
Rights Commission
Faridkot House,
Copernicus Marg,
New Delhi, PIN 110001
Fax No. 23384863
Attn: Focal point
Human Rights Defender
8. Hon'ble
President,
President of India,
Rashtrapati Bhawan,
New Delhi – 110001,
India.
9. The Registrar,
Supreme court of India,
Tilak marg, New Delhi – 110001 – India.
Tel - +91-1123388922 – 24, 23388942 – 44,
Fax no. - +91-1123381508, 23381584,23384336 / 23384533 / 23384447.
Email – supremecourt@nic.in
10. The prime minister,
Prime minister of India,
South block, Raisina hill,
New Delhi – 110011, India.
Tel - +91-1123012312,
Fax - +91-1123019545 / 23016857.
Email: pmosb@pmo.nic.in
11.The
chairperson,
National Human Rights Commission,
Faridkot house, Copernicus Marg,
New Delhi – 110001, India.
Fax no. - +91-1123384863.
12.
Hon'ble Chief justice,
High court, Uttar Pradesh,
1, Lal Bahadur Shastri marg, Allahabad,
Uttar Pradesh – India.
13.The
Chief Minister,
Chief Minister of Uttar Pradesh,
Lal Bahadur Shastri Bhawan,
Lucknow – 226001, Uttar Pradesh – India.
14. District Magistrate
Varanasi
Uttar Pradesh
INDIA
Fax: +91 54 2234 8313
15. Special Rapporteur on Violence Against Women
OHCHR – UNOG
8- 14 Avenue de la
Paix
1211 Geneva 10,
Switzerland
Fax No: +41229179006
Email: vaw@ohchr.org
Thank You
Urgent Appeal Desk,
PVCHR