India: Rule
of Law or Rule of Lord in Modi of Banaras, India?
…………………………………………………………………………………………………………
ISSUES: Sexual
assault, corruption; impunity; threat, right to live with dignity, Right to
life with dignity, forced burning, Murder
…………………………………………………………………………………………………………
Woke up to
the news of Shama's death this morning. 20 year old Shama (name changed) was
the only girl in her family who was studying and had dreams of getting a job
and supporting her poor family. Shama was being molested by 3 boys since June
2014. On 18th Dec the boys entered her house and tried to rape her while her
family was away. Shama put up a fight and screamed out loud. The boys then
poured kerosene and burnt her. RIP Shama(name Changed), you were very brave! (From
facebook wall of Smita Sharma, a photographer)
In yet
another case of the most barbaric crimes against women, a young girl was put on
fire with the intention to burn her alive in
Matakund police post under Sigra police station in Varanasi district of
Uttar Pradesh. The incident took place around 11 to 12 PM when the accused
forcibly entered the house of Mohammed Ameen and set his daughter Shama (name
changed) ablaze by sprinkling kerosene on her. The girl is battling for her
life in a hospital. The crime was committed by some police informers after the
parents of the girl made complaint against them. The accused police informers
have been constantly making advances in the past few months trying to molest
and sexually abuse the young girl.
Realising
the severity of the crime, The People’s Vigilance Committee on Human Rights of
Varanasi has written to the MP of Varanasi & Prime Minister Shri Narendra
Modi, Chief Minister of Uttar Pradesh Shri Akhilesh Yadav, the National Human
Rights Commission, National Commission for Women, and the senior district and
police officers urging them to intervene in the case and form a high-level
inquiry team to initial legal action against all the accused parties. It has
also demanded that the victim Shama (name changed) should be paid a
compensation of Rs. 10 lakhs and be provided adequate treatment facilities and
medical care. Police officials found guilty of not following the due process of
law in the case should be tried under section 166 A of IPC. This heinous crime
underscores the urgent need to implement police reforms and pass the Anti-Torture
Bill pending in Rajya Sabha and also highlights the need to ratify the UN Convention against Torture
(UNCAT) by the government of India. A careful reading of the facts of the
events reveals that rule of law is completely missing and instead it seems that
informers at the service of police department are dictating the law and order
in the city. Even the police actions are in violation of guidelines given by the
Supreme Court of India and directions of the high police officials are not
being followed.
The family
of the victim has been complaining about the obscene behaviour of these police
informers with their daughter since 13 June, 2014, but their voice went in vain
in front of the gigantic police hierarchy. Instead of taking any action on
their complaint, the police have been harassing and threatening the family.
Tacit support and inaction on the part of Varanasi police emboldened the morale
of the accused who finally committed the heinous crime.
The incident
clearly shows that crime of sexual abuse of a young girl was being done with
the support of Matakund Police post. This is not an isolated incident in the
area. In yet another case in Lahanga Khurd Lallapur locality under the Sigra
police station, a 10 year old minor boy
Babloo ( name changed) working with a sari cloth merchant Mr. Salauddin
was confined in a house for 7 hours and badly beaten and tortured by the said
merchant by falsely accusing him of stealing Rs. 20 lakhs. This incident occurred on 31 August 2014 and
Mr. Hamid (Babu Lal), father of the minor boy sent his written complaint by
registered post to the local police station including the higher police officials.
On the contrary the Singra police station filed an FIR against the minor boy
and his parents on the complaint by the sari merchant Salauddin. In the said
incident immediate action should have been taken by the police against Mr.
Salauddin under the Child labour Prohibition Act and Juvenile Justice Act for
forcing a minor boy into child labour and torturing him physically. Similarly
in the case of burning of the young girl, the police department instead of
following the due course of law seems giving full protection to the violators
of law.
All the
accused in the young girl case were working as police informers for Matakund
police post and they were serving as cooks and washer men for the police
officials of Matakund police post. The victim and her family had already given
their complaint many times against the immoral conducts of the informers in
Matakund police post, Lallapura and Singra police station. The aggrieved family
never got any help from the police and the victim, Shama(name Changed) unable
to put up the behaviour of informers got frustrated and was finally forced to
discontinue her studies in between. Shama stopped coming out of her home due
the constant fear of sexual harassment. Whenever she dared to came out of her
house to buy household items or to attend the sewing classes, she continuously
faced sexual harassment by the police informers. Her parents repeatedly
complained to the police about this.
The
aggrieved family approached the office of People’s Vigilance Committee on Human
Rights (PVCHR), Varanasi on December 8, 2014 and complained about the police
negligence and inaction in their matter. They also narrated their painful
story. People’s Vigilance Committee on Human Rights (PVCHR) took their case and
informed Senior Superintendent of Police, Varanasi, DGP, Uttar Pradesh and
Chief Minister, Uttar Pradesh through a registered post and registered a
complaint about the police negligence in the matter. On the advice of PVCHR in
December 11, 2014 the aggrieved family filed a written complaint in the office
of I G Varanasi zone about the atrocities and torture being meted out to them.
The PRO of IG, Varanasi zone called up the Sigra police station and directed
the police officials there to take this case seriously. It is necessary to
mention here that Singra police station in charge was also responsible to look
after the daily affairs of Matakund police post so negligence on the part of
police here was inevitable. After this the victim Shama along with her parents
gave a written complaint to the IG, Varansi zone on 12 December, 2014 and on
their complaint IG, Varanasi zone gave the responsibility to SSP Varanasi to
investigate the whole matter. Despite all this, Sigra police station and
Matakund police post officials neither registered a police FIR against three
accused namely Babudan, Gabbu and Pappu nor did they take any legal action
against them. The accused police informers were not happy with the victim’s
family for filing a complaint against them. With the tacit support of the
police and police inaction in the case further boosted the confidence of the
accused informers. As a consequence they decided to forcibly enter the house of
Mohammed Ameen at around 11 to 12 PM and set the victim Shama ablaze by
sprinkling kerosene on her.
It is a
tragic irony that on the one hand India has been honoured with Noble peace
prize for protection the rights of child and women but on the other one also
witnesses the grave injustice and insensitivity as shown by the police
officials in Matakund police post in this case that not only boosted the morale
of criminals but also tacitly supported them to commit such a heinous crime in
an organised fashion. As a result the young victim today is fighting the battle
of her life in the hope of getting justice for her and her family and similarly
the minor boy is still bearing the scars of police torture.
1.Mr. Akhilesh
Singh Yadav,
Chief
Minister
Chief
Minister's Secretariat
Lucknow
Uttar
Pradesh - INDIA
Fax: + 91
522 223 0002 / 223 9234E-mail: csup@up.nic.in
2.Ministry of
Social Justice & Empowerment
Sardar Patel
Bhawan
Sansad Marg
New Delhi -
110 001INDIA
Fax: + 91 11
23742133E- mail: ddpg2-arpg@nic.in
3.The Prime
Minister
Prime
minister of India,
Prime
minister office,
New Delhi -
110101 - INDIA
Fax no. -
+91 11 - 23016857, 23019545.
E-mail:
pmosb@pmo.nic.in
4.Chairperson,
National Human Rights Commission
Faridkot
House, Copernicus Marg
New Delhi
110001 INDIA
Fax + 91 11
2338 486
E-mail:
chairnhrc@nic.in
5.The
Registrar
Supreme
court of India,
Tilak Marg,
New Delhi - 110001 - INDIA.
Fax No. - +
91 11 23381508, 23381584.
E-mail :-
supremecourt@nic.in
6.District
Magistrate,
Varanasi -
Uttar Pradesh - 221002.
India.
Email: dmvar@nic.in
7.Senior Superintendents
of Police
Varanasi,
Uttar Pradesh-221002
India.
Email: sspvns@up.nic.in
8.Director
General of Police
1-B.N.,
Lahari Marg / Tilak Marg,
Lucknow -
226001 - Uttar Pradesh - INDIA
Fax No. -
+91 522 2206120, 2206174
E-mail
- police@up.nic.in
Urgent Appeal Desk (pvchr.india@gmail.com)
Peoples' Vigilance Committee on
Human Rights (PVCHR)
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