Wednesday, September 11, 2024

Ensuring Justice for a Child Victim: A Critical Examination of the Case in Prayagraj




 


Ensuring Justice for a Child Victim: A Critical Examination of the Case in Prayagraj

By: Lenin Raghuvanshi, Human Rights Advocate

On March 20, 2023, a heart-wrenching case surfaced in Prayagraj, Uttar Pradesh, where a minor girl, sold by her own father, became the victim of brutal violence at the hands of a couple who had "adopted" her. The tragic narrative of this 10-year-old girl, subjected to unimaginable torture, not only highlights the depths of human cruelty but also brings to the forefront the glaring gaps in our child protection systems.

A Case of Grave Injustice

The Prayagraj incident is a chilling reminder of how vulnerable children are at the mercy of adults in power. According to reports, the victim’s father sold her to three unknown men, after which she was transferred to the couple in Prayagraj. Instead of offering her a safe haven, the couple subjected the child to continuous physical abuse, using her as a household servant and inflicting severe physical harm when she faltered.

The girl was later admitted to Cantonment Hospital in Prayagraj, her body bearing the scars of repeated abuse. A case under IPC sections 323, 325, 376AB, and the Protection of Children from Sexual Offences (POCSO) Act was filed. The couple was arrested, but questions remain about the justice and reparations owed to the young victim.

NHRC’s Role and the Delay in Compensation

In response to this case, the National Human Rights Commission (NHRC) intervened. The Commission, after reviewing the case, directed that immediate monetary compensation be provided to the victim under the UP ate Rani Laxmi Bai Mahila avam Bal Samman Rules, 2015. However, despite these directives, the compensation remains pending due to bureaucratic delays. The most recent report (dated 15.05.2024) reveals that although a proposal for compensation has been submitted, it remains in limbo due to ongoing procedural formalities.

Impact on Child Welfare and Society

The consequences of this delay extend far beyond financial assistance. Compensation is not merely monetary support; it is a form of justice, acknowledging the trauma the child has endured and aiding in her physical and psychological recovery. This incident also raises critical questions about the efficacy of our child protection mechanisms.

India, as a signatory to the United Nations Convention on the Rights of the Child (UNCRC), has a moral and legal obligation to ensure the safety, security, and well-being of every child. When justice is delayed in cases such as this, it sends a dangerous signal that child victims are not a priority in the system.

Broader Implications for Human Rights in India

The Prayagraj case highlights the broader issues of trafficking, abuse, and neglect that plague vulnerable sections of our society. It also underscores the vital role that human rights defenders (HRDs) and organizations play in bringing such incidents to light and ensuring accountability. However, without timely and decisive action from the authorities, these efforts can fall short.

The NHRC’s efforts in addressing the case are commendable, but delays in compliance by local authorities undermine the very purpose of such interventions. The Commission has set a deadline of October 18, 2024, for the District Magistrate to submit a compliance report, failing which it will invoke its coercive powers under Section 13 of the Protection of Human Rights Act, 1993.

Conclusion

The Prayagraj incident is a stark reminder of the vulnerability of children, especially those from marginalized communities. It is imperative that the government and civil society work together to create a system that not only protects children but also ensures that justice is swift and effective. Delay in compensating the victim only exacerbates her trauma and hinders her path to recovery.

The authorities must take urgent steps to resolve the procedural delays and provide immediate relief to the child. We cannot afford to let this be another case of justice delayed, and therefore, denied.


This article serves as an appeal to the authorities to prioritize the welfare of this young victim and ensure that the NHRC's directives are promptly executed. The case stands as a crucial test of our nation’s commitment to protecting the rights of its most vulnerable citizens.

Order of NHRC: https://www.scribd.com/document/767986885/Ensuring-Justice-for-a-Child-Victim-A-Critical-Examination-of-the-Case-in-Prayagraj

Ensuring Justice for a Child Victim: A Critical Examination of the Case in Prayagraj by pvchr.india9214 on Scribd

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