PVCHR wishes to draw you kind attention to the
sensitive case of Momina, a minor girl, age 12 years daughter of Mohammad Yusuf
residing near government water tank in Kotwan police post area within the Lohta
Police station, district Varanasi. Ms. Momina has been forcibly confined to
work as a bonded labourer in most brutal manner without food and water and
physically and mentally tortured for four months.
The victim Momina,
aged 12 years, daughter of Mohammad Yusuf, a resident of Kotwan police post
area under Lohata Police station was employed by Naushad, son of Hazi Yunus,
Ashfaq Nagar, Kamkaksha, police station- Bhelupur, district Varanasi on the
pretext of providing better schooling and doing their house hold work nearly
four years back. According the statements given by the victim and her parents,
Naushad and his wife Mahi Noor are working as teachers in a government schools
in Naanpara in Bahraich district who are known as a family with uncivilized and
barbaric behaviours.
Before taking her the
couple had promised to the 12 year old Momina’s parents (mother Shabina Bano
and Father Mohammad Yusuf) that they would provide best education to her and
Momina will look after their house and they will also arrange her marriage
after she grows old. After Momina reached their house, the minor girl was
forced to do house hold work as a bonded labourer by the cruel family. The
minor victim was never sent to school to study, she was also deprived of daily
food to grow normally. According to the video statement of the victim, she was
usually served only one piece of bread (Roti) and drinking water in the night.
In return she was made to clean the whole house, wash house hold utensils and
look after 3 year old child.
Crossing all the
limits of brutality the family used to burn the whole body of the little
innocent girl with a burning candle and burning cloths. When the victim used to
cry and weep with pain, piece of cloth was forcibly stuffed in her mouth.
According to the victim, Naushad had bad intentions for her. When the victim
used to go to the toilet, Naushad used to try to enter forcibly by switching
off the light. On many occasions he made attempts to sexually abuse her.
Whenever the minor victim called her parents on phone, the couple were always
present around her with a baton and continued to threaten and intimidate her so
that the victim does not dare to reveal about their cruel treatment.
The minor victim was
forced to work as a bonded labour and tortured continuously for nearly 4 years
generally but 4 months in particular. After undergoing the brutality for 4 long
months when the victim’s condition became serious, she was not even provided
medical treatment by the couple. With lot of difficulties the parents of the
minor girl were informed. Somehow, on getting the information about their
daughter, the parents after getting the address from his Ashfaq Nagar residence
reached at Naushad’s current house at Naanpara and brought their daughter back
who was on the verge of death.
When the minor girl
came back home, the incident began to be raised publicly as her condition was
found to be serious. Meanwhile some rich local sari merchants with mala fide
intentions began trying to cover up the matter by giving Rs. 50,000 to the parents.
After the meeting of community leaders on 7th January, 2015, the accused are
trying to intimidate the parents of the victim not to pursue the matter. In the
said incident the minor girl was tortured physically and mentally. It is
therefore most essential to hold an impartial investigation in the case and it
would be in the best interest of the protection of values of human rights.
It is noted that girl
admitted in Pandit Deen Dayal Upadhayay Government Hospital on 8th
January 2015 and she is under treatment until today.PVCHR with help of Dignity:
Danish Institute against torture, Ms. Parul Sharma (Sweden) and 200 Swedish donors
is supporting nutritional therapy, psychological and a part of medical
treatment. Administrative magistrate recorded her statement and case as First
information report registered crime no. 8/15 under section 323, 326 and 352 IPC
but there is no action under Bonded Labour Abolition act, 1976, Child Labour
Prohibition Act and POCSO Act, after intervention of print and electronic media.
Therefore it is an
urgent request immediate step to put an end to practice of contemporary form of
slavery and take appropriate action as mentioned in the judgement given by honourable
Supreme Court Neeraja Chaudhary vs. Government of Madhya Pradesh
(http://indiankanoon.org/doc/1012224/) and Bandhuwa Mukti Morcha vs. Government
of India (http://indiankanoon.org/doc/572040/). Initiate the case against employers
under the Bonded Labour Act, 1976. Government of Uttar Pradesh should be
initiate state plan for eradication of bonded labour practice from UP.
More Information:
Section
352 in the Indian Penal Code (IPC):
352. Punishment for
assault or criminal force otherwise than on grave provocation.—Whoever assaults
or uses criminal force to any person otherwise than on grave and sudden
provocation given by that person, shall be punished with imprisonment of either
description for a term which may extend to three months, or with fine which may
extend to five hundred rupees, or with both. Explanation.—Grave and sudden
provocation will not mitigate the punishment for an offence under this section.
If the provocation is sought or voluntarily provoked by the offender as an
excuse for the offence, or if the provocation is given by anything done in
obedience to the law, or by a public servant, in the lawful exercise of the
powers of such public servant, or if the provocation is given by anything done
in the lawful exercise of the right of private defence. Whether the
provocation was grave and sudden enough to mitigate the offence is a question
of fact.
Section
323 of IPC:
Whoever,
except in the case provided for by section 334, voluntarily causes hurt shall
be punished with imprisonment of either description for a term which may extend
to one year, or with fine which may extend to one thousand rupees, or with
both.
Section
326 in the Indian Penal Code:
Voluntarily causing
grievous hurt by dangerous weapons or means—Whoever, except in the case
provided for by section 335, voluntarily causes grievous hurt by means of any
instrument for shooting, stabbing or cutting, or any instrument which, used as
a weapon of offence, is likely to cause death, or by means of fire or any
heated substance, or by means of any poison or any corrosive substance, or by
means of any explosive substance, or by means of any substance which it is
deleterious to the human body to inhale, to swallow, or to receive into the
blood, or by means of any animal, shall be punished with 1[imprisonment for
life], or with imprisonment of either description for a term which may extend
to ten years, and shall also be liable to fine.
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