Thursday, November 27, 2014

A step of justice against witch hunting

Case Details of File Number: 11772/24/69/2011-WC
Diary Number 47549
Name of the Complainant LENIN, EXECUTIVE DIRECTOR/SECRETARY GENERAL
Address PEOPLE'S VIGILANCE COMMITTEE ON HUMAN RIGHTS, S A4/2 A, DAULATPUR, VARANASI , UTTAR PRADESH
Name of the Victim MANBASIA W/O JODHILAL
Address R/O VILL. GHAGHARI TOLA SAHGORA, PS. BABHANI, SONEBHADRA , UTTAR PRADESH
Place of Incident GHAGHARI TOLA SONEBHADRA , UTTAR PRADESH
Date of Incident 7/17/2010
Direction issued by the Commission These proceedings shall be read in continuation of the earlier proceedings. The Commission received a complaint dated 18.03.2011 from Shri Lenin, which mentions that Jagesari Devi, aged 32, a tribal woman of Sonebhadra district, became a victim of witch hunting and her tongue was chopped off. Smt Manbasia, aged 45, was subjected to inhuman ordeal and on 17.07.2010 after the demise of a boy in the village, she was not only attacked with sharp weapons but also paraded naked in public. In another case, a woman Somari Devi, aged 40, wife of Dinesh Gond was branded as a witch and pushed into a fire, however, her husband saved her. In her testimony, she alleged that the police did not register her complaint and instead of punishing the culprit, the police let him off scot-free. Vide proceedings dated 14.01.2013, the Commission considered the report DIG, Vindychal Range, Mirzapur that regarding the alleged incident of atrocity on Jageshari Devi, a case Cr. No. 640/2010 u/s 326/504/120 B IPC was registered, the three accused have been sent to J/C and charge sheet has been filed. The District Magistrate, Sonebhadra was directed to submit a report in respect of the treatment and financial assistance provided to the victim Jageshari Devi along with details of further action taken against the culprits for practice of witch hunting for land grabbing, as alleged in the complaint. Vide proceedings dated 27.08.2013, the Commission considered the report from SP, district Sonebhadra which mentioned that the victim and her family members have no problem and the local police have been instructed to provide necessary protection. The District Collector, Sonebhadra vide communication dated 05.06.2013, has enclosed a report dated 06.04.2013, from SDM of the area that the information from the revenue department reveals that out of the three victims, two have BPL Card and one is having Antaodaya Card for getting ration from fair price shop and they are leading a normal life in the village. The Commission issued a Show Cause Notice to the Government of Uttar Pradesh through its Chief Secretary as to why monetary relief u/s 18 of the Protection of Human Rights Act, 1993, be not recommended to be paid to the victims. Vide proceedings dated 21.01.2014, the Commission issued a final reminder to the Chief Secretary, Government of Uttar Pradesh calling for the requisite reply within four weeks failing which the Commission shall take it that the State has no views on the matter & shall proceed to pass appropriate orders. In response, the Commission has received an endorsed communication dated 28.02.2014 from the Under Secretary, Home (HR) Department-1, Women and Child Development Department, Uttar Pradesh regarding the submission of the requisite reply which is still awaited. The Commission has considered the material placed on record. The Commission vide proceedings dated 27.08.2013, observed that the assistance provided to the victims branded as a witch is totally inadequate. The State had failed to protect the dignity of women, protect them, curb the menace of witch hunting and to protect their human rights. The Commission therefore recommends to the Chief Secretary, Government of Uttar Pradesh to make payment of Rupees 3,00,000/- as monetary compensation to be paid to the victim Jagesari Devi, aged 32, a tribal woman of Sonebhadra district, who became a victim of witch hunting and her tongue was chopped off; Rupees 3,00,000/- to Smt Manbasia, aged 45, who was not only attacked with sharp weapons but also paraded naked in public and Rupees 3,00,000/- to Somari Devi, aged 40, wife of Dinesh Gond who was branded as a witch and pushed into a fire, however, her husband saved her. The proof of payment is to be submitted within 6 weeks.


Action Taken Relief granted [Compensation, Disciplinary & Prosecution] (Dated 10/29/2014 )
Status on 11/27/2014 Compliance of the Commission's recommendation by the concerned authority is awaited.

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