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
Name of the Complainant

Name of the Victim

Place of Incident

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.


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]

No comments: