Breaking impunity of custodial rape

---------- Forwarded message ---------
From: anup srivastava <minority.pvchr@gmail.com>
Date: Thu, Nov 15, 2018, 21:37
Subject: Fwd: Urgent Petition : “थाने में चिल्लाती रही महिला, चौकी प्रभारी ने जवानो के सामने किया रेप”
To: pvchr.india <pvchr.india@gmail.com>, Dr. Lenin Raghuvanshi <lenin@pvchr.asia>

Case Details of File Number: 514/33/12/2016-AR
Diary Number	141994/CR/2016
Name of the Complainant	DR. LENIN RAGHUVANSHI, CEO
Address	PEOPLES VIGILANCE COMMITTEE ON HUMAN RIGHTS, SA 4/2 A, DAULATPUR,
	VARANASI , UTTAR PRADESH
Name of the Victim	A 25 YEARS OLD WOMAN
Address	VILLAGE. SEVATI (KOLDA),
	MAHASUMUND , CHHATTISGARH
Place of Incident	PS. TENDUKONA
	MAHASUMUND , CHHATTISGARH
Date of Incident	8/17/2016
Direction issued by the Commission	The matter rested thus when the petitioner had forwarded a newspaper report regarding rape with a woman at police station by the police officers. According to the newspaper, the victim has filed a complaint with SP Mahasumand and IG Raipur that on 17.08.2016 she has gone to the police station to lodge a report against her own husband, the clerk at the PS took his complaint and informs the in-charge of PS who directed him not to allow the victim to leave the station. At about 9 in the evening, the chowki in-charge along with one another person came at the PS and took her to a room where she was raped. In response, the IGP Headquarter, Raipur, vide communication dated 29.10.2016 had submitted that on the complaint of victim crime no. 93/2016 u/s 376B/34 IPC was registered. After investigation, accused Akesh Kumar Sinha s/o Nattar Kumar Sinha, r/o PS Bundali chowki, PS Tenukona and ASI Gajanath Sahu s/o Ram Ghulam Sahu were arrested and charge sheet had been submitted u/s 376(2)a(1) and 376B IPC on 17.10.2016 and now the matter is sub judice before the court. The Commission further considered the matter on 3.1.2018 when it observed and directed as under:- “It is clear from the material placed on record that victim was raped at the police station by a public servant and thereby violated the human rights of the victim Smt. Kamla. Commission therefore directs to issue notice u/s 18(a)(i) of PHR Act 1993 to the Chief Secretary, Government of Chhattisgarh, to file response why the Commission should not recommend monetary compensation to be paid to the victim Smt. Kamla for violation of her human rights by public servants. Response be filed in eight weeks.” In response, the Assistant Inspector General of Police, PHQ, Chhattisgarh, Raipur vide his communication dated 22.3.2018 has submitted that the victim was being paid compensation by district administration Mahasamund through District Legal Service Authority. Further the Addl. Director General of Police, PHQ, Raipur, Chhattisgarh vide his communication dated 14.6.2018 has submitted that the case has ended into conviction and the delinquent police officer has compulsorily been retired from service. The victim is free to apply under victim compensation scheme and that there was no need to grant separate financial relief to the victim. The Commission has considered the matter. It is an admitted fact the victim who wanted to lodge a complaint at the police station was rather raped. The incident is sad, shocking and disturbing in a society governed by rule of law. Human rights of the hapless and helpless victim have thus been violated by the public servant and the State is vicariously liable to compensate the victim. The reply to the ‘show cause notice’ is not based on merits. In these circumstances, an amount of Rs. 2,00,000 /- (Rupees Two Lakhs only) is recommended to be paid to the victim. The Chief Secretary, Government of Chhattisgarh is directed to submit the compliance report together with proof of payment within a period of 6 weeks. A Notice be also sent to the District Magistrate and Superintendent of Police, Mahasamud, Chhattisgarh calling upon them to submit the details of payment made to the victim under victim compensation scheme and through District Legal Service Authority besides benefits extended to her under social welfare schemes within a period of 4 weeks.
Action Taken	Additional Information Called for (Dated 11/12/2018 )
Status on 11/15/2018	Response from concerned authority is awaited.

---------- Forwarded message ---------
From:  <minority.pvchr@gmail.com>
Date: Mon, Aug 22, 2016 at 12:45 PM
Subject: Urgent Petition : “थाने में चिल्लाती रही महिला, चौकी प्रभारी ने जवानो के सामने किया रेप”
To: covdnhrc <covdnhrc@nic.in>, ionhrc <ionhrc@nic.in>, jrlawnhrc <jrlawnhrc@hub.nic.in>, Section Officer SB-2 NHRC <so7.nhrc@nic.in>, <registrar-nhrc@nic.in>
Cc: Lenin Raghuvanshi <pvchr.india@gmail.com>, Dr. Lenin Raghuvanshi <lenin@pvchr.asia>

To,                                                                                            11, August, 2016  

Honourable Chairperson,

National Human Rights Commission,

New Delhi.

Respected Sir,

I want to bring in your kind attention towards the news published in the national online news “www.patrika.com” on 19 August, 2016 regarding rape of a women at Police Station “थाने में चिल्लाती रही महिला, चौकी प्रभारी ने जवानो के सामने किया रेप”  (Newspaper clipping annexed).

http://www.patrika.com/news/mahasamund/mahasamund-woman-raped-in-tendukona-police-station-1378729/

Therefore it is kind request please take appropriate action at earliest.

  

Thanking You,

Sincerely Yours,

Dr. Lenin Raghuvanshi

CEO

Peoples' Vigilance Committee on Human Rights

SA 4/2 A Daulatpur, Varanasi - 221002

Mobile No: +91-9935599333

Email:  minority.pvchr@gmail.com
Website: www.pvchr.asia 
Blog: www.pvchr.net, www.testimonialtherapy.org

Like us on facebook: http://www.facebook.com/pvchr

Four children die after poor UP Dalit, Muslim families forced to flee to forest area: PVCHR

The forest department police without any notice or prior information demolished the house of the muslims and dalits in Dakhin tola, churk bazaar, Sonbhadra district of Uttar Pradesh in India. The police also beaten children and old people, women, and men in a inhuman way,

Issue: Police torture. Forced displacement, starvation and discrimination

Dear Friends,

The team of psycho – social therapists went to Sonbhadra for providing empathy and psycho- social support to the survivors of torture. Immediately after the incidence PVCHR provided short stay shelter for 15 days in Sushil Tripathi Jan Mitra Sikshan Kendra,a community center of PVCHR at Raup Ghasia Basti. PVCHR district incharge did fact – finding and location visit.

Detail Incidence:

On 4th September, 2017 around 7 am the forest department police came with the JCB to Dakhin Tola in Churk Village of Sonbhadra district of Uttar Pradesh state of India. In this tola around 200 people were living in 50 families from their forefather in this barren land account number 00387. They made their settlement with their hard labour and small saving. All resident living there own voter card and residence certificate on the same address and some people's names are also mentioned in the family register.

Again on 17th August, 2018 in the early morning forest department police and PAC (Para – military) came in dalits basti in Dakhin tola, churk bazaar, Sonbhadra district of Uttar Pradesh. In this tola around 150 people are living in 35 families.                                               

 The forest department police without any prior notice or information started to demolish the houses.  When the local people protested then they were beaten by the police in an inhuman way and charged with the case. But many other people belong to upper caste occupied the land near to this settlement, they have opened their shop but they were not removed by the forest department police.

The matter was intervened with the Honorable National Human Rights Commission (case no: 21030/24/69/2018).

During the followup visit the team of psycho- social therapists were informed that here (in jungle/forest) the police is giving threat to vacate the place. They even took their clothes, tirpal, food and other essential items along with them. Due to which community is living in dire vulnerable situation in an open sky without any roof.

The following problems were informed in the folk school by organized by PVCHR:

·     The children rights are being violated as they are marginalized from right to education and children are forced to wander in the dense forest.

·     They have to walk long distance to get work as daily wages labourer and they spend more time in coming and going. Due to which they did not get work.

·     They have to walk 4 km to get water.

The teams were also informed that following people died due to heat stroke. Still many children are sick as verge of death. It is noted that winter came.

Asmita s/o Kurban age 7 days resident of Bhatwa tola

Nizam s/o Aslam Jaan age 7 years

Guddu 5 years

Bani d/o Adbul Kalam age 3 years

Yusuf s/o Mohammad age 42 years.

Police made people homeless through forced eviction and displacement and pushed out in forest:  I, Gyas Jan w/o Sajab is resident of Churk Bazar under jurisdiction of Robertsganj in Sonbhadra district of Uttar Pradesh. 

In the evening of September 4, 2017, 13 police officers came to my ghetto, I thought that they might came in some case. I got shocked when I saw bulldozer along with them, I thought that there may be something.

While entering the village they started to break the house, I with my full courage asked 'What is the matter, why are you demolishing our house with bulldozer?

On hearing this, the policeman brutally beaten me with lathi and slammed me on the ground due to which I got ache with stone in my back.  I loudly screamed, but the police did not have any kind of mercy on me. I was very compelled at that time; policemen were beating and I was screaming.

The police brutally broke my house with bulldozers in which all the belongings of the house were suppressed and all the valuables were taken away. The ration kept in the house was thrown out and my chicken and a goat under the bulldozer, I kept pleading to the policemen but they did not have any mercy for me. I lost my everything police abused and dragged us to the road. The police arrived in the morning and went to the village at 8 o'clock in the night. They didnot leave any single house; the police demolished all the houses.

Owing to fear I, my family member and villagers went to live in dense forest which is 10 km away from my ghetto. We are now living our life as nomadic there is no roof or shed and always we are having fear of wild animals. With the fear of police my husband is not going to work outside. 

In the prison I used to clean the toilets: I Munni Lal Musahar, I am 45 year old resident of village – Banglayi Dakhin Tola Musahar Basti under Robertsganj jurisdiction of Sonbhadra district.

The incidence happened on 7th September, 2017 morning around seven o'clock. That time I was going to the forest to graze my cow and goat. I saw five police vehicle. I asked to them why lots of police came in this ghetto. Policemen abused and said I came here to demolish your house.  After that police demolished all houses with the JCB.

That was not sufficient for the police they made us to sit in the jeep and took us to ranger office.  From there we were brought to Lodhi hospital for medical treatment and then to Gurma jail.   At that time it seemed like for what reason we were punished. 

I was in prison for four days, I always missed the house. In prison I used to clean the toilets. In the name of food we only get watery dal and roti.

AsiaNews writes, “The Peoples' Vigilance Committee on Human Rights (PVCHR) has made an urgent plea to India’s highest authorities and to international humanitarian organisations to "support children who face starvation, death, torture and forced displacement as internally displaced persons".

The pro-Dalit Varanasi-based NGO denounced police torture and the demolition of scores of homes in the Sonbhadra district (Uttar Pradesh) inhabited by Dalits and Muslims.

This is the result of State authorities claiming ownership of tribal lands. In Dakhin Tola, a village in the Churk Bazar area, the homes of tribal people were demolished a few months ago; those of high caste people were spared.

In the first incident (September 2017), the Forest Department displaced 50 families who had been living and farming local land (account number 00387). In the second case (August 2018), the Forest Department and the Provincial Armed Constabulary demolished the homes of 35 Dalit families.

“Some 350 people are involved,” PCVHR executive director Lenin Raghuvanshi told AsiaNews. “This is a clear case of social and religious discrimination. Furthermore, the law was violated."

Under the Scheduled Tribes and Other Traditional Forest Dwellers (2006 Recognition of Forest Rights) Act, tribal groups recognised in the Constitution have the right to occupy and harvest forest land. They have the right to forest produce within or without village boundaries and to other resource, but they must also protect biodiversity and preserve forest resources.

Despite legal protection, State authorities have tried to get people to sign away land to have access to its resources. When they cannot reach agreements with tribal groups, the easiest option is to simply seize the land and tear down residents’ homes.

Those displaced in Uttar Pradesh have camped out in the forest near the village, exposed to the weather and forest animals. This has led to the death of the weakest, including four children.

Activists complain that the authorities moved in “without any prior notice or information [and] started to demolish the houses.  When the local people protested then they were beaten by the police in an inhuman way and charged with the case.”

When “many other people [who] belong to upper caste occupied the land near to this settlement” and “opened their shop, [. . .] they were not removed”.

Ultimately, for the NGO, the human rights of these domestic refugees have been violated, especially those of children whose fate is particularly tragic.

"They are marginalised” without access “to education”, forced “to walk long distances to work” and “some four kilometres to get water.”

Links: 

http://www.asianews.it/news-en/Uttar-Pradesh:-Tribal-Dalits-and-Muslims-displaced,-children-dying-from-hunger-45498.html

https://www.counterview.net/2018/11/four-children-die-after-poor-up-dalit.html

http://www.asianews.it/notizie-it/Uttar-Pradesh,-tribali-dalit-e-musulmani-sfollati:-i-bambini-muoiono-di-fame-45498.html

http://www.asianews.it/news-zh/%E5%8C%97%E6%96%B9%E9%82%A6%EF%BC%9A%E9%83%A8%E8%90%BD%E8%BE%BE%E5%88%A9%E7%89%B9%E4%BA%BA%E5%92%8C%E7%A9%86%E6%96%AF%E6%9E%97%E6%B5%81%E7%A6%BB%E5%A4%B1%E6%89%80%EF%BC%8C%E5%84%BF%E7%AB%A5%E5%9B%A0%E9%A5%A5%E9%A5%BF%E8%80%8C%E6%AD%BB%E4%BA%A1-45498.html

About internal displacement: The United Nation Guiding Principles on Internal Displacement under its various principles For the purposes of these Principles, internally displaced persons are persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or human-made disasters, and who have not crossed an internationally recognized State border. http://reliefweb.int/sites/reliefweb.int/files/resources/AB752ABEA5C1EFFCC1256C33002A8510-idp.html

Who are the internally displaced: Person who have been forced to flee their homes suddenly or unexpectedly in large number, as a result of armed conflict, internal strife, systematic violations of human rights or man -made disasters and who are within the territory of their own country. The internally displaced quickly become the poorest of poor subject to abuse and exploitation and to rates of malnutrition, disease and mortality well beyond those of the still settled population.

Guiding principles:

Principle 3:
1. National Authorities have the primary duty and responsibility to provide protection and humanitarian assistance to internally displaced person within their jurisdiction.

Section III. Principles Relating to Protection during Displacement
Principle 12 

1. Every human being has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention.

2. To give effect to this right for internally displaced persons, they shall not be interned in or confined to a camp. If in exceptional circumstances such internment or confinement is absolutely necessary, it shall not last longer than required by the circumstances.
3. Internally displaced persons shall be protected from discriminatory arrest and detention as a result of their displacement.
4. In no case shall internally displaced persons be taken hostage.

Therefore it is kind request please write letter to the given below concerned for immediate intervention in the case and take appropriate action at earliest.

Thanking You

Sincerely Yours

PVCHR urgent appeal Desk

Please write letter to:-

1.District Magistrate
DM Camp Office, Lorhi, Sonbhadra,

Uttar Pradesh, Pin-231216

E-mail: dmsonl@nic.in, 

2.  Chief Minister
Chief Minister's Secretariat
Lucknow Uttar Pradesh INDIA
Fax: + 91 522 223 0002 / 223 9234.
E-mail: csup@up.nic.in 

3. Prime Minister of India
Prime Minister Office
South Block, New Delhi -110001
Fax. No – 23016857, 23019545
Email: pmosb@pmo.nic.in 

4. Chairperson
National Human Rights Commission
Manwadhikar Bhawan,

Block- C, GPO Complex INA

New Delhi -110023

E-Mail: cr.nhrc@nic.in, covdnhrc@nic.in, ionhrc@nic.in 

5. Director General of Police

Uttar Pradesh Police

1-B.N. Lahiri Marg,Tilak Marg

Lucknow – 226001

Email: dgp@up.nic.in

6. Special Rapporteur on the human rights of internally displaced persons
Office of the High Commissioner for Human Rights
Palais des Nations
CH-1211 Geneva 10
Fax: + 41 22 917 9006
Switzerland
Email: urgent-action@ohchr.org 

Urgent Appeal Desk (pvchr.india@gmail.com )
Peoples’ Vigilance Committee on Human Rights (PVCHR)

#Sonbhadra #UttarPradesh #PVCHR #U4HumanRights #EU4HumanRights #IDP #displacement #Torture

Annual Report of PVCHR and Jan Mitra Nyas

https://www.scribd.com/document/393211720/Annual-Report-2017-2018-JMN-PVCHR

#PVCHR #JMN #AnnualReport

Annual Report 2017 2018 JMN PVCHR by Shruti Nagvanshi on Scribd

2 Manual Scavengers Die in Varanasi While Cleaning Sewage Tank

Under supervision of Uttar Pradesh Jal Board, these labourers were working reportedly in absence of any safety gear.

Speaking with #Newsclick, human rights activist based in #Varanasi, Lenin Raghuvanshi said, "Whenever Prime Minister Narendra #Modi visits Varanasi, the labourers are forced to do work in a haste. This is not the first such case. In May also, at least 18 persons were killed when a section of an under-construction flyover collapsed in Varanasi. I went to the spot where these two labourers died, and ironically, over a thousand people had gathered; media people were there. But, the rescue team reached the spot very late.”

The contractor was arrested by the local police, according to Raghuvanshi.

"We did a survey. In three years, 11 manual scavengers have died in Uttar Pradesh while working. The Centre had allocated a huge amount to Varanasi, but surprisingly, no one knows where these money has gone, as there is no work on the ground,” he added.

 Links:

https://www.newsclick.in/2-manual-scavengers-die-varanasi-while-cleaning-sewage-tank

#Varanasi #PVCHR