ISSUES: Sexual
assault, corruption; impunity; threat, right to live with dignity, Right to
life with dignity, forced burning, Murder, Right to Education, Masculinity,
police torture, attack on human rights defender ……………………………………………………………………………………………
3rd
January, 2015 (On the occasion of Savitri Bai Phules' Birthday http://www.pvchr.net/2015/01/on-auspicious-occasion-of-birthday-of.html)
Dear Friends,
Name of survivors:
- Shama (name changed) d/o Amin baba
- Kuraisa Beebi w/o Amin baba
- Amin Baba s/o Late Mohd. Siddique
- Wasim s/o Amin baba
- Naseem s/o Amin baba
- Alim s/o Amin baba
Address:
C15/50K-2, Mata Kund, Lallapura under Sigra jurisdiction of Varanasi district
of Uttar Pradesh, India.
Name
of Perpetrator:
- Gappu s/o Umar resident of Lallapura, Sigra, Varanasi
- Babudan s/o Umar resident of Lallapura, Sigra, Varanasi
- Pappu s/o Bachau resident of Lallapura, Sigra, Varanasi
- Police officials of Mata kund police outpost under Sigra police station, Varanasi.
Date
and place of Incidence: 18th December, 2014,
C15/50K-2, Mata Kund, Lallapura under Sigra jurisdiction of Varanasi district
of Uttar Pradesh, India
Details of case:
In 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 of 18 December 2014, when the accused forcibly entered
the house of Mohammed Ameen Baba (resident of C15/50K-2, Mata Kund, Lallapura
under Sigra jurisdiction of Varanasi district of Uttar Pradesh, India) and set
his daughter Shama (name changed) ablaze by sprinkling kerosene on her. The
girl was battling for her life in a hospital since 26 December, 2014. 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. She died on 26 December
2014.
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 Member of Parliament 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 Family of Shama (name changed) should be
paid a compensation of Rs. 10 lakhs. 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(Upper house of
Indian Parliament) 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. Shama writes in her petition to
Senior Superintendent of Police, Varanasi on 13 June 2014, “They snatch my
dupatta and I started to scream to save my dignity. They throw Gamcha (cotton
clothes) and I fainted and fall in the ground. They had torn my clothes. Anyhow
I save my dignity and ran away to my house. I informed to my parents and they
took me Sigra police station where I informed all woes. But nothing happen,
because culprits are very close to Matakund police out-post.”
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
Sigra 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 criminal 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. 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 Sigra 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, Varanasi zone
on 12 December, 2014 and on their complaint IG, Varanasi zone gave the
responsibility to SSP Varanasi to investigate the whole matter(Public Grievance
registration Number 151). It is noted that petition mentioned about sexual
assault and possibility of acid-attack. 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 of 18 December, 2014 and set the
victim Shama ablaze by sprinkling kerosene on her (From Medico-legal report
of Shri Shiv Prasad Gupta Mandaliya District Hospital, Varanasi (number 6286,
dated 18 December 2014): Dermo-epidermal burn involving whole body except head,
front of chest, middle part back and both foot. Smell of kerosene present.).
Police filed First information report (496/14) on 2.30 PM of 18 December, 2014 under
354 A and 326 IPC. It is noted that Shama provided her statement before
magistrate. We learnt from Newspapers that Pappu arrested on 18 December and
other two accused arrested on 20 December. After death of Shama, police
included other section under Indian Penal Code. But PVCHR and family of Survivor
do not receive any official document for it.
It is noted that on
22nd December, 2014 Amar Ujala published that on 9th
October, 2009 till now police imposed nine cases on her brother. In many cases
he was released with respect and police was unable to prove facts in court.
That’s why police of Mata Kund out post also had relationship of enemy with
this family.
Now PVCHR is directly
and indirectly receiving pressure from various stakeholders with the
manipulative facts about the case.
It is a tragic irony
that on the one hand India has been honoured with Noble peace prize for
protection the rights of child in general & girls children in particular and
education 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 survivor sacrificed her life on 26 December 2014 as fighting the battle
of her dignity of 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.
Government of India
should be implement immediately follows:
- Ratification of UNCAT
- . Enactment of domestic law against torture
- . Implementation of Police reform
State
Government of Uttar Pradesh should be implement follow:
- Investigation of the case by independent investigation agency i.e. CBCID or CBI
- Protection to family of survivors and Human Rights Defenders associated with case.
- Compensation of ten hundred thousand rupees to families with rehabilitation of family of survivor.
- . Initiate criminal case against police under IPC 166A
More Information:
Article 354 A of IPC
(Indian Penal Code):-
Assault or use of Criminal force to women with intent to disrobe her –
Whoever assaults or
uses criminal forces to any woman or abets or conspires to assault or uses such
criminal force to any woman intending to outrage or knowing it to be likely
that by such assault, he will thereby outrage or causes to be outraged the
modesty of the woman by disrobing or compels her to be naked on any public
place, shall be punished with imprisonment or either description for a term
which shall not be less than one year but which may extend to ten years and
shall also be liable to fine.
Article 326 of IPC: - Voluntarily
causing grievous hurt by dangerous weapons or means. –
Whoever, except in
the case provided for by Section 335, voluntarily, causes grievous hurt by
means of any instrument for shooting, stabbing or cutting, or any instrument
which, used as a weapon of offence, is likely to cause death, or by means of
fire or any heated substance, or by means of any poison or any corrosive
substance, or by means of any explosive substance, or by means of any substance
which it is deleterious to the human body to inhale, to swallow, or to receive
into blood, or by means of any animal, shall be punished with imprisonment for
life, or with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine.
……………………………..
Please send letter
to:
Mr.
Akhilesh Singh Yadav,
Chief
Minister
Chief
Minister's Secretariat
Lucknow
Uttar
Pradesh - INDIA
Fax:
+ 91 522 223 0002 / 223 9234 E-mail: csup@up.nic.in
Ministry
of Social Justice & Empowerment
Sardar
Patel Bhawan
Sansad
Marg
New
Delhi - 110 001INDIA
Fax:
+ 91 11 23742133E- Email: ddpg2-arpg@nic.in
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
Chairperson,
National Human Rights Commission
Faridkot
House, Copernicus Marg
New
Delhi 110001 INDIA
Fax
+ 91 11 2338 486
E-mail:
chairnhrc@nic.in
The
Registrar
Supreme
court of India,
Tilak
Marg, New Delhi - 110001 - INDIA.
Fax
No. - + 91 11 23381508, 23381584.
E-mail:-
supremecourt@nic.in
District
Magistrate,
Varanasi
- Uttar Pradesh - 221002.
India.
Email: dmvar@nic.in
Senior
Superintendents of Police
Varanasi,
Uttar Pradesh-221002
India.
Email:
sspvns@up.nic.in
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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