Tuesday, December 26, 2017

उत्तर प्रदेश के वाराणसी जिले के थाना कैंट के प्रभारी रतन सिंह यादव द्वारा दो व्यक्तियों को डी के बसु गाईड लाइन का उल्लंघन करते हुए 14 दिन तक दो व्यक्तियों को थाने में बंधक बनाये जाने के सन्दर्भ में




Case Details of File Number: 45784/24/72/2015
Diary Number
208398,208532
Name of the Complainant
LENIN RAGHUVANSHI
Address
MANVADHIKAR JAN NIGRANI SAMITI, SA 4/2A, DAULAT PUR

VARANASI , UTTAR PRADESH
Name of the Victim
SHANKAR YADAV AND BALRAM YADAV
Address
R/O. ABHILASHA COLONY, NADESAR

VARANASI , UTTAR PRADESH
Place of Incident
PS.CANTT

VARANASI , UTTAR PRADESH
Date of Incident
Not Mentioned
Direction issued by the Commission
The Commission received a complaint dated 04.11.2015 received from Dr. Lenin Raghuvanshi, General Secretary, Manavadhikar Jan Nigrani Samiti, Varanasi, in which it is alleged that two real brothers, residents of Abhilasha Colony, Nadesar, Varanasi are being detained in the PS Agra by the S.O. Ratan Singh Yadav and are being tortured. The Commission vide proceedings dated 13.01.2016 called for report from the concerned authority. Pursuant to the directions of the Commission, a report dated 11.11.2016 has been received from the Superintendent of Police, (Human Rights) along with a copy of the report dated 02.11.2016 submitted by the DIG, Varanasi Range, Varanasi in which stated that during enquiry conducted into the matter, the then S.O. Ratan Singh Yadav was found guilty of keeping Pancham Yadav, Pappu Yadav, Balram Yadav and Shankar Yadav in illegal/unauthorized custody in the police station. It is further stated that he has been punished by an entry of censure. The Commission perused and considered the report. In the opinion of the Commission, a case of violation of human rights of the victim is made out and they deserve to be compensated. Issue notice u/s 18(a)(i) of the PHRA, 1993 to the Govt. of Uttar Pradesh through its Chief Secretary to show cause as to why the Commission should not recommend monetary relief to the victims. Response within 6 weeks.
Action Taken

Status on 12/21/2017






---------- Forwarded message ----------
From: <minority.pvchr@gmail.com>
Date: 2015-11-04 11:55 GMT+05:30
Subject: उत्तर प्रदेश के वाराणसी जिले के थाना कैंट के प्रभारी रतन सिंह यादव द्वारा दो व्यक्तियों को डी के बसु गाईड लाइन का उल्लंघन करते हुए 14 दिन तक दो व्यक्तियों को थाने में बंधक बनाये जाने के सन्दर्भ में

To: akpnhrc <akpnhrc@yahoo.com>, ionhrc <ionhrc@nic.in>, jrlawnhrc <jrlawnhrc@hub.nic.in>, covdnhrc <covdnhrc@nic.in>
Cc: Lenin Raghuvanshi <pvchr.india@gmail.com>, "Dr. Lenin Raghuvanshi" <lenin@pvchr.asia>, minority.pvchr.india@blogger.com


सेवा में,                                    4 नवम्बर, 2015
श्रीमान अध्यक्ष महोदय,
राष्ट्रीय मानवाधिकार आयोग,
नई दिल्ली |
विषय : उत्तर प्रदेश के वाराणसी जिले के थाना कैंट के प्रभारी रतन सिंह यादव द्वारा दो व्यक्तियों को डी के बसु गाईड लाइन का उल्लंघन करते हुए 14 दिन तक दो व्यक्तियों को थाने में बंधक बनाये जाने के सन्दर्भ में |  
महोदय,
      आपका ध्यान 3 नवम्बर, 2015 की दैनिक समाचार पत्र “दैनिक जागरण” में छपी खबर “एस.एस.पी. के हस्तक्षेप पर छूटे सगे भाई” की ओर आकृष्ट कराना चाहता हूँ | वाराणसी के नदेसर स्थित अभिलाषा कालोनी में रहने वाले सगे भाईयो को कैंट थाने के प्रभारी रतन सिंह यादव द्वारा जबरदस्ती थाने में हथकड़ी लगाकर बैठाया गया और उन्हें प्रताणित किया गया | साथ ही उनके परिजनों को भी धमकाया जिससे वे थाने पर नहीं आते थे |
      अतः आपसे अनुरोध है कि पुलिस द्वारा किये गए डी के बसु गाईड लाइन के उल्लघन पर कानूनी कार्यवाही करते हुए उक्त थाना प्रभारी पर अपहरण का मुकदमा दर्ज किया जाय | साथ ही आपसे यह भी अनुरोध है कि वाराणसी सहित उत्तर प्रदेश के सभी थानों के प्रभारी व अन्य अधिकारियों को माननीय आयोग द्वारा डी.के. बसु गाईड लाइन की कार्यशाला की जाय व मानवाधिकार मूल्यों के प्रति उन्हें संवेदित किया जाय और कडाई से पालन हेतु उच्च अधिकारियों को निर्देशित किया जाय |

संलग्नक :
  1. दिनांक 3 नवम्बर, 2015 के दैनिक समाचार “दैनिक जागरण” अख़बार की खबर की प्रति |


भवदीय
डा0 लेनिन रघुवंशी
महासचिव
मानवाधिकार जननिगरानी समिति
सा 4/2 ए दौलतपुर, वाराणसी

Order of NHRC in case of Lenin Raghuvvanshi

Recently on 15 December,2017 National Human Rights Commission(NHRC), a premier Human Rights Institution of India and ‘people’s court for poor’ furnished follows order in case number of 42218/24/72/2012 :
This proceeding shall be read in continuation of the earlier proceedings in the matter: Vide last proceedings dated 19.4.2016 the Commission directed as under: “The Commission has perused the detailed notings of the Investigation Division and the papers placed in the file. In so far as the cases which are under consideration of the court, the Commission cannot intervene and the petitioner may ventilate his grievances before the adjudicating court. The allegations of attempt on his life & his false implication are serious in nature. The petitioner has been a member of the Core Committee on NGO, in the Commission and has filed several cases in the Commission on violation of Human Rights from across the country. In the light of the facts and circumstances of this case, let the DIG, Investigation Division of the Commission call the petitioner Dr. Lenin on a mutually convenient date and get his version recorded. Present status/outcome of the criminal cases as indicated above be obtained within 6 weeks. The matter therefore be placed before the full Commission.” A note has thus been received from the Investigation Division detailing the steps taken by it. It is inter-alia reported vide note dated 27.5.2016 that the complainant was called “as per his convenience” and his statement was recorded making allegations / complaints regarding cases registered against him. Accordingly, present status / outcome of the cases is being sought. It is inter-alia further reported that despite reminders ending with that dated 19.10.2016, present status of FIR Nos.199/2013, 4/2013, 359/2013 and 418/2013 have not been received from the SSP, Varanasi so far. Threat of coercive process has not yielded any results. Commission takes a very serious view of the non-responsive attitude on the part of the SSP, Varanasi. Let Summons under section 13 of the PHR Act, 1993 be issued to the SSP, Varanasi to personally appear before the Commission on 20.2.2018 to explain his utter casual and callous attitude since the instant cases pertain to the year 2012. However, if the report is received a week prior to the scheduled date, his personal appearance shall stand dispensed with. Delinked files be bunched separately.”

Sunday, December 24, 2017

Breaking of impunity and mysterious silence by NHRC



Edmund Burke rightly says, "All tyranny needs to gain a foothold is for people of good conscience to remain silent."I wrote an article and open letter on mysterious silence of NHRC in my case. Please find follows links:

Recently on 15 December,2017 National Human Rights Commission(NHRC), a premier Human Rights Institution of India and ‘people’s court for poor’ furnished follows order in case number of 42218/24/72/2012 :

This proceeding shall be read in continuation of the earlier proceedings in the matter: Vide last proceedings dated 19.4.2016 the Commission directed as under: “The Commission has perused the detailed notings of the Investigation Division and the papers placed in the file. In so far as the cases which are under consideration of the court, the Commission cannot intervene and the petitioner may ventilate his grievances before the adjudicating court. The allegations of attempt on his life & his false implication are serious in nature. The petitioner has been a member of the Core Committee on NGO, in the Commission and has filed several cases in the Commission on violation of Human Rights from across the country. In the light of the facts and circumstances of this case, let the DIG, Investigation Division of the Commission call the petitioner Dr. Lenin on a mutually convenient date and get his version recorded. Present status/outcome of the criminal cases as indicated above be obtained within 6 weeks. The matter therefore be placed before the full Commission.” A note has thus been received from the Investigation Division detailing the steps taken by it. It is inter-alia reported vide note dated 27.5.2016 that the complainant was called “as per his convenience” and his statement was recorded making allegations / complaints regarding cases registered against him. Accordingly, present status / outcome of the cases is being sought. It is inter-alia further reported that despite reminders ending with that dated 19.10.2016, present status of FIR Nos.199/2013, 4/2013, 359/2013 and 418/2013 have not been received from the SSP, Varanasi so far. Threat of coercive process has not yielded any results. Commission takes a very serious view of the non-responsive attitude on the part of the SSP, Varanasi. Let Summons under section 13 of the PHR Act, 1993 be issued to the SSP, Varanasi to personally appear before the Commission on 20.2.2018 to explain his utter casual and callous attitude since the instant cases pertain to the year 2012. However, if the report is received a week prior to the scheduled date, his personal appearance shall stand dispensed with. Delinked files be bunched separately.”

I welcome recent step of NHRC for justice and dignity of human rights defender. This matter concerns not only the life and the reputation of a human rights defender, but also the very legitimacy of human rights work in general.

My independent thought (which is not project driven) and vision based continuous non-violent struggle  is creating friendly contradictions with Civil Society actors and negative contradictions with sectarian fascist forces of hegemonic masculinity[i]. An International scholar at Universidade de Coimbra Mr. Amit Singh describes , “Born in an upper caste in India, Dr. Lenin Raghuvanshi has shown tremendous courage to fight against the evils of Caste system such as bondage labour, police torture and discrimination against vulnerable groups of the society. Most dalits (down trodden) are the victims of age old injustices prevalent in Indian society. In spite of Constitutional safeguard, dalits and Indian minorities (such as Muslim) continue to be victims of discrimination, police torture and bondage labour. Political and government machinery, dominated by the upper Caste member lacks sympathy for vulnerable groups of the Indian society. In such context, few organizations and individual dared to fight against Caste atrocities. Dr. Lenin and his organization (People’s Vigilance Committee on Human Rights, PVCHR) is one of them.  Since, 1993, Lenin’s consistent struggle against historical injustices has been continued at various levels. His torture free village model is a unique in this regard. Due to his strong advocacy and struggle for justice for vulnerable groups, Lenin faced legal and physical threats on his life. Many legal cases were fabricated against him including rape and kidnapping. He was physically attacked many times; beaten by police and gun shots fired upon him to deter him to pursue legal cases seeking justice for dalits and Muslim minorities. In spite of against all odds, Dr. Lenin’s struggle for human rights persistently continues. He never gave up.”

It is my hope that the justice to me, Shruti Nagvanshi and PVCHR will help to bring an end to the suppression of Dalit and other marginalised communities that still occurs in many countries, and to realise the great potential for plural democracy and sustainable peace based on non-violence, justice, human dignity and secularism that Dalit and other marginalised communities can represent. 

Link:

Wednesday, November 29, 2017

NHRC intervention in the case of children of lesser God



Case Details of File Number: 1405/34/18/2013-WC
Diary Number
155395
Name of the Complainant
DR. LENIN, GENERAL SECRETARY
Address
MANAVADHIKAR JAN NIGRANI SAMITI, SA 4/2A, DAULATPUR,

VARANASI , UTTAR PRADESH
Name of the Victim
SURU JAMUDAR D/O SALOOKA JAMUDAR
Address
VILLAGE. GUDSAI, PO. CHIDWEDA, PS. CHAKRADHARPUR,

WEST SINGHBHUM , JHARKHAND
Place of Incident
GUDSAI

WEST SINGHBHUM , JHARKHAND
Date of Incident
Not Mentioned
Direction issued by the Commission
These proceedings shall be read in continuation of the proceedings dated 16.01.2017. Commission directed registry to issue summons to the concerned authority u/s 13 of PHR Act 1993 to appear in person before the Commission on 07.03.2017 along with the requisite report. DGP UP, had submitted report dated 27.02.2017. It had been alleged that police officers and officials have been booked u/s 166A IPC in crime no. 429/2017 lodged at PS Kherakat, District Jaunpur on 14.02.2017. He has also submitted the report of SP Jaunpur wherein it had been mentioned that on prosecutrix Suru Jamuda d/o Saluka Jamuda, r/o Gurasaie, PS Chakardharpur, District West Singhbhum, Chaibasa, Jharkhand, report had been registered at crime no. 135/2012 u/s 372/ 374/376/34 IPC and 3(3)(6) SC/ST Act against Shanti Jamuda (ii) Baiju Yadav. The case after investigation had been submitted to the court for trial. A case u/s 304A IPC was registered at crime no. 136/2012 at PS Kairakat on 21.03.2012 against Bejnath, Rajmath, Gulab and Dinesh. In which charge sheet was submitted on 09.05.2012 and the matter is sub judice in court. IGP Varanasi had submitted report dated 20.02.2017. DIG Zone got the enquiry conducted through SP Jaunpur and Additional SP Rural report had been submitted. According to the report, there are allegations that Ms. Suru Jamuda d/o Saluda was kept bonded by brick kiln owner Baiju Yadav. She was sexually exploitated. However these allegations were over looked by SI Sabhajeet Singh, HC Satya Dev Srivastava and Gurdip Singh Sarna, the then Inspector Kherakat. Km. Suru was not examined, they tried to conceal the offence and committed breach of duty. The enquiry officer found HC Satya Dev Srivastava, SI Sabhajeet Singh and Inspector Gurdip Singh Sarna guilty of delriction of duty and for not registering the case under the relevant provision of law and case under 166A IPC had been registered against the police officers. Commission had considered the report. There are facts in the report dated 20.02.2017 submitted by IGP Varanasi report dated 20.02.2017 that a complaint was lodged by Surender s/o Sehli r/o Triyani, PS Kairakat, District Jaunpur, regarding the death of his son Bunti in accident of tractor on 21.03.2012 and case no. 136.2012 u/s 304A IPC was registered against the Bejnath, Rajmath, Gulab and Dinesh in which charge sheet was submitted. On the report of Additional SP Jaunpur, the same is under reinvestigation u/s 173(8) Cr.P.C. Commission has considered the report of IGP Varanasi. The complainant allegation are in respect of sexual exploitation of Km. Suru d/o Saluka Jamuda r/o West Singhbhum District, Jharkhand by brick kiln owner Mr. Baiju Yadav. How the case instituted on the report of Surender against Bejnath and others is connected with the complaint in question, needs clarification. Commission directs IGP Varanasi Zone to submit the typed legible duly authenticated copy of FIR of crime no. 136/2012 u/s 304A IPC instituted at PS Kairakot, Jaunpur and the chargesheet filed in that case to this Commission urgently through special messenger in sealed cover within two weeks.
Action Taken
Additional Information Called for (Dated 11/23/2017 )
Status on 11/28/2017
Response from concerned authority is awaited.

Link: http://pvchr.blogspot.in/2012/03/about-sexual-abused-of-teen-age-girl-on.html

Radha, 15, says that an improperly conducted medical examination in Varanasi after she was repeatedly raped in February and March 2012 is impeding her legal case.[95]
Radha told Human Rights Watch that her abuser was the owner of a brick kiln factory in Uttar Pradesh, where she was forced to work as his maid for two months. Radha, who is originally from a tribal community in Jharkhand state, is among India's vast population of trafficked children, who are especially vulnerable to sexual abuse.[96] She told Human Rights Watch: 
I was with my family when a woman called Shanti visited us and told me to come with her. She was from the same village so I trusted her. She said she was going to take me to a fair. But this woman had tricked me and forced me to go to the brick kiln factory. There I had to work for the owner, doing his cooking and cleaning, and also massage him. Two days after I arrived he forced himself on me. He used to give me a tablet, then he would force himself on me. My room was next to where the owner worked and every time he wanted me, he would come to my room. He would come two or three times a day. I told that woman Shanti that I didn't like it, and she said that “If you tell anyone, the owner will kill you.” One day I opposed it, and the owner beat me up brutally. I was so scared. The brick kiln owner was in his sixties, had no teeth, used to drink a lot, and force me to drink alcohol as well. When I refused, he used to hit me. I'm still in pain from the rapes.[97]
After two months there, in March 2012, Radha was able to escape and eventually make it to Varanasi where she was assisted by the People's Vigilance Committee for Human Rights (PVCHR). They took her to the police and to a hospital, where a doctor carried out a medico-legal “two-finger test.”
On the basis of this degrading and unscientific test, the doctor stated that Radha had not been raped.[98] As a result, the police have refused to listen to her complaint and investigate the man she said had raped her repeatedly.
Radha, with the support of PVCHR, is challenging the doctor's findings. In September 2012 the police in her home district in Jharkhand agreed that Radha’s testimony could form the basis of a charge against her alleged assailant.[99]

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