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]

PVCHR-Tata Trust work for quality education in Madarasa

https://www.scribd.com/presentation/365656235/PVCHR-Tata-Trust-work-for-quality-education-in-Madarasa

PVCHR-Tata Trust work for quality education in Madarasa by Shruti Nagvanshi on Scribd

A step to ensure dignity of women prisoners

Case Details of File Number: 30500/24/72/2016
Diary Number	137382/CR/2016
Name of the Complainant	LENIN RAGHUVANSHI, CEO
Address	MANAVADHIKAR JAN NIGRANI SAMITI, SA 4/2 A, DAULATPUR,
	VARANASI , UTTAR PRADESH
Name of the Victim	WOMAN PRISONER
Address	DISTRICT JAIL, VARANASI,
	VARANASI , UTTAR PRADESH
Place of Incident	DISTRICT JAIL, VARANASI
	VARANASI , UTTAR PRADESH
Date of Incident	Not Mentioned
Direction issued by the Commission	The complainant has stated that on 12.08.2016 a matter was published in the news paper Jansandesh Times regarding transporting of male criminals and women prisoners in the same van with the police officials in violation of the directions of the Hon’ble Supreme Court of India. The women prisoners are forced to sit in the same van with male prisoners and along with police officials. The women prisoners are subjected to ill treatment while in the van from the male prisoners and by the police officials. The women Constables are also not seen with the female prisoners. Hence, it is prayed that the guilty police officials may be taken to task and proper safety may be provided to the female prisoners. Hence, the complainant has sought the intervention of the Commission. The Commission took cognizance of the matter on 26.08.2016 and directed to transmit a copy of the complaint to the concerned authority calling for a report within four weeks. Pursuant to the directions of the Commission, the SP, Crime, Varanasi, vide his communication dated 23.06.2017 has filed the report of CO, Lines, Varanasi dated 16.06.2017. The Addl. DIG (Administration) , Jail Administration, Varanasi, UP, has also filed his report dated 17.07.2017 enclosing copy of the report of the SP, Crime, Varanasi, dated 23.06.2017 and report of the CO, Lines, Varanasi, dated 16.06.2017. The report reveals that on 11.08.2016, the Sessions Lock-up was having 108 accused persons including two female and 106 male prisoners. The lower lock up was having 114 male prisoners for appearance in the Court. The Varanasi police lines is having only seven female police officials and 88 male police officials. There are only 03 vehicles meant for taking the male and female prisoners for production in the Court from the District Jail, Varanasi. On 11.08.2016 two women prisoners had been production in the Sessions Courts by four women Constables. The prisoners were taken from the District Prison to Court through a vehicle available with them. Seeing the gravity of the situation, the Reserve Inspector, Varanasi and the In-charge, Transport Wing has been suitably directed in this regard. The Commission has considered the report. In view of the report, the SP, Crimes, Varanasi and Addl. DIG, Jail Administration), Lucknow, are directed to file the report whether the permanent facilities for separate vehicle has been made available for the female prisoners for production of the female prisoners in the Court from the District Prison. The response be filed within six weeks. The comments of the complainant be also called for within six weeks. Registry to send a copy of the report of SP, Crime, Varanasi, dated 23.06.2017 and report of CO, Lines, Varanasi, dated 16.06.2017 for his information and offering comments.
Action Taken	Additional Information Called for (Dated 11/10/2017 )
Status on 11/17/2017	Response from concerned authority is awaited.

Link for the complain: https://testimony-india.blogspot.in/2016/08/

PVCHR submission to UN SR on water and sanitation - India visit

---------- Forwarded message ----------
From: Shirin Shabana Khan <shabana@pvchr.asia>
Date: Mon, Nov 6, 2017 at 12:17 PM
Subject: PVCHR submission about access to water and sanitation to marginalized communities
To: srwatsan@ohchr.org
Cc: "Dr. Lenin Raghuvanshi" <lenin@pvchr.asia>, Shruti - <shruti@pvchr.asia>

 
To,                                                                                  6 November, 2017

Mr. Leo Heller

UN SR on Water and Sanitation

Email: srwatsan@ohchr.org.

Dear Sir,

Greetings from Peoples ‘Vigilance Committee on Human Rights (PVCHR)

PVCHR welcome your visit to India.  We are sharing grass – root experience about access to water and sanitation to marginalized communities:

• There is no proper facility of the drinking water in ratio to the population to the marginalized communities (Musahar ghetto, Muslim ghetto, urban Slums and other backward communities) in one ghetto. For ex: In Ramaipur mushar basti of Pindra block of Varanasi of Uttar Pradesh, India 26 family depends on one hand pump to meet their needs. This hand pump gives contaminated water and people are compelled to drink that water because there is no other source of drinking water to them. After several complain no other action taken by the concerned authorities. This is not only condition of one village but other villagers are also facing the same problem. It is also noted that Dalit are facing discrimination for access to water and sanitation facilities.

• There is no any special plan for providing safe drinking water to the people living in rocky area. For example people of Raup Ghasiya basti in Sonbhadra district of Uttar Pradesh, India had to travel around 1 km every day to get water. They had to cross the national highway. Many girls faced intimidation, sexual assault and were stalked for the sexual advancement.  Due to scarcity of water the people of Ghasia Basti did not properly clean themselves. Due to which children faced corporal punishment and caste based discrimination in the school.  https://www.youtube.com/watch?v=oivRcR_NgII.  The Lodhi school’s principal told “These Ghasiya children come to school late, come when they want to come, no matter how much we tell them to come on time. Their main aim is to come and eat, not to study. Just see how dirty they are. They don’t bathe, they don’t wear school uniform, and they smell. When we ask them why they are so dirty, they say there is no water. The problems of these children will never get solved. Their parents are uneducated. We can’t mix these children with normal children because they are spoiling them too. These children are not able to mix with others.”

Eight-year-old Pankaj said, The teacher tells us to sit on the other side. If we sit   with others, she scolds us and asks us to sit separately. The children from the other community don’t play with us or talk to us. The teacher doesn’t sit with us because she says we are dirty. The other children also call us dirty every day, so sometimes we get angry and hit them. We also sit separately when eating. When we ask for food, the cook says ‘There’s no more for you.’ But when the children from the other community ask, the cook says ‘Come and eat.’ If our plates touch the serving bowl by mistake, the cook gets angry and abuses us. So we keep our plates at a distance when food is served.

• There is no proper drainage system in the ghetto of the marginalized communities due to which there is water logging problem during rainy reason which generated lots of communicable diseases.

• This year there was grave flood in Varanasi district of Uttar Pradesh, India, which effect life of poor’s and marginalized http://www.ndtv.com/india-news/103-year-old-man-cremated-on-rooftop-in-flooded-varanasi-1449824. Situation in Baghawanala Slum, where water from the Varuna river has entered a large part of the slum, continued to be precarious, with people marooned in flooded localities waiting for more relief material like food, medicine and water. School building of Baghawanala children is also effected by flood.  The people were facing the serious health problem. 

• There is lack of public toilets and urinal for the female in the rural and urban area. Availability of Sanitary pads to girls and women from marginalized communities.

• Lacking of sanitary facilities to marginalized communities such as dalit, tribal and minorities is one of main reasons behind malnutrition death.

Looking forward right to water and sanitary facilities as realization for marginalized at grass roots level in India particulars and world in general.

With regards,

Lenin Raghuvanshi,Founder and CEO,PVCHR

 Shruti Nagvanshi, Founder and Convenor, Savitri Bai Phule women forum

Shirin Shabana Khan, Program Director, PVCHR

PVCHR submission about access to water and sanitation to marginalized communities by activist knowledge center on Scribd