Sunday, January 14, 2018

Emergency assistance to Junaid

 Lenin Raghuvanshi, Founder and CEO of PVCHR giving jacket and shoes Junaid father

    14 years old Junaid

Lenin Raghuvanshi

Junaid Father

PVCHR also distributed 9 blankets to the survivors of torture

Emergency assistance to Sahil Nut

Sahil father with blanket

Lenin Raghuvanshi Founder and CEO of PVCHR along with Sahil. PVCHR provided him two shirts ,paints,sweeter,blazer,shoe,sleeper and two balnkets

Lenin Raghuvanshi and Sahil

Sahil with blanket

More link about news

Justice in the case of police negligance

The Hon’ble National Human Rights Commission in case number (10920/24/72/2015) Directed to Superintendent of Chanduali to submit report within six weeks regarding action taken against the Inspector In-charge, Badagaon Md. Isa Khan. He was careless and indifferent towards his duty and he did not act according to law.

 On 18th March, 2015 night few influenced people Shri Jai Prakash Patel (village head along with other people) with the intention of grabbing the land had caused fire to Savitri Musahar house and her household items got destroyed in the fire. When Savitri and her daughter Lakshmina ran to blow out the fire they were beaten by these people. She several times ranged to police helpline number but no action was taken in this regards. Police did not come to the spot despite the telephone calls made to PCR.

On 19/03/2015 the accused persons had abused the Savitri & her daughter and started beating them. When they went to the police station to inform the incident, the accused persons were present outside the police station and started beating them.

Due to the fear and phobia Savitri along with her daughter left the house (Viswanathpur, Tehsil – Pindra under jurisdiction of Badagaon of Varanasi district) and took short shelter in Peoples’ Vigilance Committee on Human Rights (PVCHR) and get proper treatment in Government hospital.  On 19th March, 2015 Savitri along with her daughter came to Jan Mitra Nyas for doing intervention in this matter.  PVCHR provided clothes and other essential items to them.

On 21st March, 2013 she produced before for Inspector General of Police, Varanasi zone and officer deputed Senior Superintendent of Police for the investigation in this matter.  

PVCHR intervened and wrote to concerned authorities such as Senior Superintendent of Police, District Magistrate, Chairperson, National Commission for Women, National Human Rights Commission and Chief Minister, Government of Uttar Pradesh on 1st April, 2015

On 14th July, 2015 FIR (Case Crime No. 251/2015 dated 14/07/2015 u/s 323/436/504/506 IPC and Sec.3 of SC/ST POA Act) lodged against against four accused persons at Badagaon police station. During investigation Section 436 IPC was omitted from the case and the Charge Sheet dated 13/08/2015 was filed against four accused persons. There was an inordinate delay of about four months in registration of the criminal case for the alleged incident dated 18-19/03/2015.

The Hon’ble Commission in its order wrote “

Apparently, the Human Rights of the victims have been violated by the State Police for not setting the law into motion and by delaying the process of law. Although the injuries caused to the victim on reasons of police inaction cannot be undo, but an interim relief of monetary compensation would be a solace to injured sentiments. On consideration of above report and material available on record the Commission vide proceeding dated 21st February, 2017 the Commission directed as under:-

“Notice be issued to Chief Secretary, Govt. of Uttar Pradesh to Show Cause why interim relief of monetary compensation of Rs.25,000/- (Rupees Twenty Five Thousand) shall not be granted to the victim as per Section 18 of the Protection of Human Rights Act, 1993. Director General of Police, Uttar Pradesh is directed to get a fresh enquiry conducted against the allegations of police inaction for about four months in this matter, from a Gazetted Police Officer of any District other than District Varanasi. Appropriate action be taken against delinquent police officers including penal prosecution under Section 166/166A IPC & Sec.4 SC/ST POA Act, in accordance with laws. An Action Taken Report be submitted within four weeks, without fail. District Magistrate, Varanasi is directed to submit his report indicating payment of monetary relief/ other benefits to victims under Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act or under State Victim Compensation Scheme in connection with Case Crime No. 251/2015 dated 14/07/2015 u/s 323/436/504/506 IPC and Sec.3 of SC/ST (POA) Act, PS: Badagaon. Response within four weeks.” In response to the directions of the Commission, the District Magistrate Varanasi vide communication dated 24.3.2017 has submitted report stating Laxmina Devi, complainant has been paid compensation of Rs.22,500/- under SC/ST Act through e-payment. Copy of proof of payment has been enclosed. The Superintendent of Police (HR) Uttar Pradesh vide communication dated 25.5.2017 enlosed copy of letter dated 12.5.2017 of the DIG, Varanasi, letter dated 10th May, 2017 of the Superintendent of Police Chandauli along with enquiry report dated 4.5.2017 of the Addl. SP (Crime), Chandauli which reveals payment of Rs.22,500/- to complainant towards compensation under SC/ST Act. The report further reveals that the then Inspector In-Charge Badagaon Md. Isa Khan was careless and indifferent towards his duty and he did not act according to law. The enquiry officer has stated about taking departmental action against him. A copy of letter dated 21 June, 2017 of the Under Secretary, UP Administration addressed to the Addl. Director General of Police (HR) UP Lucknow has been received regarding submission of report of taking action against delinquent police officials and payment of Rs.25,000/- to the victim. However no report has been received till now. The Commission has considered the matter. Issue a final reminder to the Chief Secretary, UP Lucknow to submit reply of show cause, if any, within six weeks. The Superintendent of Police, Chandauli is directed to submit report within six weeks regarding action taken against the then Inspector In-charge, Badagaon Md. Isa Khan.

Thursday, December 28, 2017

Criminal case against police in case of trafficking

Life took a serious turn for 15 years old Radha (name changed), when her relatives sold her to a brick kiln owner in Kerakat town in Jaunpur district of Uttar Pradesh on January, 2012. Radha was sexually abused by the brick kiln owner Baju Yadav for more than two months. Radha is a resident of Chakradharpur in Singhbhum district, Jharkhand state of India.

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.

When Radha reported her ordeal to Shanti Devi, she rebuked Radha and warned against reporting the incident to anyone else. Shanti Devi has been working at Baju Yadav’s brick kiln for the past seven years  and also have illicit relation with him.
 Unable to bear the trauma, on 20 March, 2017 Radha somehow managed to flee from Baju’s brick kiln and reached her relatives ‘s house Palu Devi living in the same village.
The Baiju Yadav started to frantically search Radha in each and every possible location. He suspected that the villagers had a role in Radha’s fleeing from his brick kiln. The next day around 8pm, Battan Musahar was allegedly thrown out of a tractor – trolley by Baju Yadav’s Battan was sitting atop the engine and he died on spot. The villagers were returning home after shopping at the local market.
Battan Musahar‘s death was reported in the local media.  Following the news reporting PVCHR Founder and CEO Dr. Lenin Raghuvanshi intervened in this matter to concerned authorities.
During the investigation into the Musahar’s death that PVCHR came to know about Radha.   She was hiding at her relative Palu Devi’s residence.  PVCHR helped Radha and Paulo Devi family to flee from hiding place.  To ensure safety of the girl and those of her relatives, they had short shelter in PVCHR office.  The matter was intervened to various concerned authorities as follows
Letter sent to
24 March, 2012
National Commission for Women, New Delhi, National Schedule Caste Commission, Chief Minister of Uttar Pradesh and Jharkhand, SHO- Kerakat, District Magistrate Jaunpur, Superintendent of Police - Jaunpur
27 March, 2012
Radha got treatment in private hospital in Varanasi
27 March, 2012 
Commissioner of Varanasi and Police Superintendent of Varanasi
28 March, 2012
Radha was produced before CWC in Varanasi

CWC ordered to Chief Medical Officer, Varanasi for the medico – legal test

On same day MLC of Radha was done in Shiv Prasad Gupt Mahila hospital.
25 March, 2012
NHRC notice to  Superintendent of police jaunpur notice
14 April, 2012 
Chief Secretary – Uttar Pradesh Government – Lucknow and Jharkhand, Superintendent of Police – Jaunpur,  Director General of Police,  Chief Minister- Jharkhand, District Magistrate- Varanasi, National Commission for Protection of Child Rights, National Schedule Caste Commission, National Human Rights Commission, Senior Superintendent of Police,  Chief Medical Officer- Varanasi, Chief Minister of Uttar Pradesh and District Magistrate – Jaunpur.
27 April, 2012
The National Commission for Protection of Child Rights sent it investigation report.
14 April, 2012
Police superintendent of Jaunpur issued notice to PVCHR
30 August, 2012
D.M Jaunpur issued notice to CMO, Janupur
National Schedule Caste Commission issued notice to Jaunpur.
16 August, 2012
RTI- CMO, DM, SSP, Chief Secretary- Jharkhand and Uttar Pradesh, DM- Varanasi,  Superintendent of police, National Schedule Caste Commission, National Commission for Protection of child rights,  DGP- Lucknow,
24 August,2012

From the Cabinet Secretariat and Coordination Department

Principal Secretary Home Department's Public Information Officer
3 October,2012
National Human Rights Commission  
 Through RTI received report from P.S Kerakat- Jaunpur
22 September,2012
Director General of Police- Uttar Pradesh and CO – Jaunpur
The National Commission for the schedule caste issued notice to DM.
Received response from National Commission for the schedule caste on RTI.
25 September, 2012
Received response from superintendent of police - Jaunpur
Statement of Radha
3 October,2012
DM- Janupur and Jahrkhand,
22 October,2012
The National Commission for Protection of Child Rights
Notice from Chief Secretary – Uttar Pradesh
Received response from National Commission for Protection of Child Rights through RTI
Received response from National Human Rights Commission through RTI
NHRC, NCW, Ministry of home affairs- Government of India, National Schedule Caste Commission,  CM- Jharkhand and DGP- Jharkhand and state police administration
17 October, 2013
Statement of Saluka  
3 October,2013
National Human Rights Commission
22 September ,2012
Director General of Police
22 September, 2012
C.O Jaunpur
16 October, 2012
Radha produced before the CWC for giving her statement

Radha, in her interview to human rights watch for the report Breaking the silence Child Sexual abuse in India on says that an improperly conducted medical examination in Varanasi after she was repeatedly raped in February and March 2012 is impeding her legal case. 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. 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 challenged 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.  After intervention FIR was lodged against Shanti Jamuda (ii) Baiju Yadav in 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 The IGP Varanasi had submitted report to NHRC 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. Radha 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. Radha 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. Radha 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.

The Hon’ble Member in the Case No. 8542/24/39/2012 has directed on 3.11.2017 as under : - “Case Crime No.429/17 under section 166A IPC has been registered against Gurdeep Singh Sarna, the then SHO Kerakat, Jaunpur, SI Sabhajeet Singh and Chief Constable Satyadev Srivastava which is under investigation and directions have been issued to conclude the same on merits expeditiously. It is stated that in case of the victim of rape Radha case crime No.135/12 u/s 372/374/376/34 IPC r/w Section 3(3)(6) SC/ST Act has been filed against Shanti Jamuda w/o late Godo Jamuda and Baiju Yadav s/o Sahdev Yadav. After the investigation, charge sheet has been filed in the court. Vide report dated 12.9.2017 it has been stated that 25% of Rs. 1,00,000/- (compensation under SC/ST(PoA) Act) has been paid to the victim vide cheque No.581748 dated 16.8.2017. The Commission has taken a very serious view of the matter. Despite the directions by the Commission to pay a compensation of Rs. 1,00,000/- vide its proceedings dated 26.12.2016 no proof of payment has been received till date. Let a reminder be issued to the Chief Secretary, Government of UP to pay a sum of Rs. 1,00,000/- on account of compensation to the victim Radha and submit the proof of payment within four weeks. The Chief Secretary, UP be also asked to submit as to i) why the compensation as provided under rule 11 & 12 of the SC/ST (POA) Act amounting to Rs. 1,80,000/- (50% of the amount to be paid at the time of medical examination) has not been paid. ii) why compensation under rule 21 of the SC/ST (POA) Act (full cost of education and maintenance of the child, provision of utensils, rice, etc. for three months) has not been paid to the victim. He is also directed to send The progress of Enquiry dated 15.11.2013 against the erring official, pending before the administration and status of investigation of Case Crime No.429/17 within four weeks.” The Commission perused the record and observed that in Case No. 8542/24/39/2012 monetary compensation has already been recommended by the Commission. Therefore, there is no justification for continuing with this case i.e. Case No. 1405/34/18/2013-WC. Therefore, the case No. 1405/34/18/2013-WC is closed.

Dr. Lenin says, It is a clear case of failure of criminal justice system and mechanism for elimination of trafficking and rape. Hegemonic masculinity based on patriarchy and caste system is haunting society and contributing for negative conflict, impunity and injustice.