Delhi High Court- Having sex with woman on false promise of marriage is #Rape #Vaw


PTI : New Delhi, Sun Jun 09 2013,
High courtHaving sex with woman on false promise of marriage is rape: High Court. (Reuters)
Having sexual relations with a woman on false promise of marriage amounts to rape, the Delhi High court has said.”Having sexual relations with a woman against her will or without her consent also amounts to rape under the IPC. If the consent was obtained on a false assurance or promise of marriage, the consent cannot be considered to be full and free and it would be a case of rape,” Justice R V Easwar said.The court made the observation while rejecting anticipatory bail plea of Abhishek Jain in a case lodged by his wife alleging that he had sex with her prior to their

marriage on the promise that he would marry her.

In her complaint, the woman also said that he married her only after she lodged the case with police against him.

“It would prima facie appear that the marriage was gone through only to persuade the complainant to withdraw her complaint of February 25, 2013.

“Immediately after the marriage, the applicant started physically abusing the complainant, apparently, in the hope that she would leave him, but when she filed a complaint, the accused was forced to apply for bail,” the court said.

The woman had filed a complaint in February, 2013 with the Rani Bagh Police Station alleging that on several occasions before the marriage, the applicant (Jain) had raped her after falsely promising to marry her.

However, on March 4, 2013, the applicant and the complainant got married at the Arya Samaj Vivah Mandir, Ghaziabad and the marriage registration was done by the

Registrar, Hindu Marriages, Ghaziabad, the complaint said.

Referring to the contents of the FIR lodged by the woman against her husband, the court said, “The FIR narrates the physical abuse which the complainant had suffered at the hands of the applicant after the marriage…The FIR further narrates that the accused even used to tell the complainant that ‘he had married me (her) only to make me withdraw the complaint.’

“Several instances are narrated in the FIR about threats and physical abuse suffered by the complainant not only from the applicant but also by his family members who had conspired together to cheat her and get her married to him only to make her withdraw the complaint of rape against him.”

 

#RIP – Mourning Reingamphi Awungshi, 21 year old from Manipur #Rape #Vaw


JUNE 11, 2013
This is a guest post by PRATIKSHA BAXI:  Kafila.org

imagesWhen the police found Reingamphi Awungshi, a twenty-one year woman from Ukhrul district in Manipur brutalised, assaulted and dead in her rented apartment in Chirag Delhi on 29 May 2013, they did not file an FIR. Rather, the Malaviya Nagar police station, a site of anguished protests, began by designating her death as suicide, even as they waited for a post mortem report! Although the family argued that the state of her bloodied and injured body clearly indicated sexual assault and murder, the police ended up filing an FIR, after three days, as a case of abetment to suicide.

It seems very clear that the aftermath of the Delhi gangrape protests have not made a dent in practices of policing—it should not take hundreds of protestors to ensure the registration of a police complaint. Nor is it reasonable for the police without thorough investigation and competent medical examination of the body to conclude that the death was a suicide rather than murder; and that the injuries on the body, the outcome of substance abuse rather than assault. This is evidence of bias, rather than an impartial investigation.

But for protests, the case would not have been transferred to the Crime Branch, nor an FIR filed for murder.

485711_176998665800763_1475018579_n

Image from Justice for Reingamphi Awungshi

The police’s initial stance that this was suicide illustrated bias. The dead woman’s character was maligned to generate a motive for suicide. The police claimed it was suicide since the door of her room was locked from inside, ignoring the fact that her room led to another door opening into the landlord’s house. The police concluded that she overdosed herself without forensic analysis to determine whether or not the medicines found in her room, if consumed, could have led to toxicity. The police concluded that rodents nibbled her face and other parts of the body leaving her eye and nose in a bloody mess, without waiting for forensic analysis to establish rodent bites. The police assumed that this young woman who had shopped for her next breakfast would kill herself and then rodents in a reasonably well-kept room would assault her. Thereafter, the scene of crime was not secured and it is not even clear whether forensic samples were collected from the scene of crime.

The second post mortem, while the histological reports are awaited, after five days by a three-member panel of forensic experts, concluded that opinion of death could only be offered after the analysis of the viscera by chemical analysis and histopathology report. The PM report further held that two-fingers could easily pass through the vagina, hence the dead woman was habituated to sex—making it impossible to determine whether she was raped, without other forensic tests. Yet again the Delhi protests failed to persuade doctors that while clinical findings of whether or not the vaginal passage is distensible in a dead survivor may have very limited evidentiary value, such a victim cannot be characterised as a habitué. To characterise the victim as a habituated to sex, especially when she is dead, is to assume that the vagina can be examined as if it were a record of past sexual history of consensual sex. Surely it is equally possible that the vagina is a record of past sexual history of sexual violence. To characterise the victim, as a habitué is not only unconstitutional, it prejudices investigation and the framing of charges, if any person is ultimately held responsible for sexual assault.

Surely it is reasonable for Reingamphi’s family and supporters to suspect sexual assault and murder. It is reasonable to suspect the landlords’ relative who was stalking this young woman for over a month. It is reasonable to be suspicious because the family was not informed when the landlord called the police to break into the dead woman’s room. It is reasonable since sexual assault; stalking and/or murders of women from the North East in Delhi are a statistical high.

Why is there such toleration of violence against women from the North–East in Delhi? The fact is that sexual harassment of women from the North East is both sexist and racist. It is also a social fact that women from the North East are targeted as sexual objects. They are subjected to a racist and sexist gaze, which positions them as vulnerable “outsiders”. Branded, stigmatised and caricatured, they are extremely vulnerable to violence, in particular, to sexual assault.

Such forms of targetted violence of tribal women in Delhi is sufficient to declare Delhi a scheduled area or zone of emergency on the grounds that targeted atrocities against tribal women by non­–tribal men is routine. A provision permitting such declaration is available under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 which specifies that the state government is under obligation to identify ‘the areas where the members of the Scheduled Castes and the Scheduled Tribes are likely to be subjected to atrocities’ and adopt ‘measures so as to ensure safety for such members’.

However, the police almost never mobilises this law to protect Naga, Manipuri or Mizo tribal women from the discrimination they face in the city. Surely the police know that as a form of historic discrimination, such forms of violence have been classified in the law as atrocity. They should also remember that as per Section 4 of the PoA Act ‘whoever, being a public servant but not being a member of a Scheduled Caste or a Scheduled Tribe, wilfully neglects his duties required to be performed of duties by him under this Act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year’. Non-registration of an FIR in sexual offences is also an offence, by virtue of the Criminal Law (Amendment) Act, 2013.

Let alone do their duty under these laws police officers routinely treat a complainant from any North–Eastern state as an exceptional and abject subject. It is as if the zone of exception—dramatized by the draconian Armed Forces Special Powers Act—lives in the heart of our city in everyday and ordinary ways.

The impunity and immunity bestowed on men who think that a Tangkhul Naga woman’s life can be exterminated without any investigation, prosecution, or without inciting a collective demand for justice has been permitted by our legal system. Our politicians too permitted this by ignoring the powerful protests against the AFSPA—a demand to recognise citizenship and justice—instead of repressing populations and suspending constitutional law. Our city permits this by creating zones of sexual exceptionalism where some cases find horrified publicity and others do not produce similar public anguish.

Our city does not experience the same horror today, as it did months ago, at the painful and brutalised death of this young woman—perhaps the details of brutalisation are not titillating enough! Perhaps most of us do not identify with a woman whose identity seems so far removed from what we know as familiar? Perhaps it is less disturbing to believe the police version of suicide?

Yet even as we recall every painful instance of violence that was called out, in the aftermath of the December protests, we must remember than Tangkhul Naga women struggling to make the city their home also want azadi from violence. Tangkhul Naga women also protested with us to make Delhi safer.

As we mourn for Reingamphi Awungshi, we must also continue to raise our voices against violence against women, especially sexual assault. Yet, should we also now not reflect where we failed? Fact of the matter is that far from creating prevention of violence and increased safety for women, the forensic detailing of what men do to women’s or girl’s bodies in the media, even though their names were withheld, acted as public pedagogy of what men can do women. Sadly, rape cultures thrive despite the protests, and some may argue, because of the voyeuristic representations of the protests.

Alas, change is a long way away. The cry for transformation demands the sustained energy of the Delhi protesters, who should not be satisfied with increased punishment in the statutes. The aspiration for freedom demands that minimally we say to Reingamphi Awungshi, we are desperately sorry.

Pratiksha Baxi is Assistant Professor, Centre for the Study of Law and Governance, Jawaharlal Nehru University

 

 

 

Delhi – 3 days and a minister’s intervention to file a FIR in North East death case #Vaw #WTFnews


Not just AFSPA, Delhi Police Adds to the Woes of the Northeast Community in the Capital

Neha Dixit, June 1, 2013

It takes over three days and a minister’s intervention to file a FIR in Reingamphi’s death case. Protests continue

Forget justice, Reingamphi’s death shows how even basic investigation proceedings are elusive in this country. Not just her family and the northeast community had to protest for three days to get a FIR registered but also the post mortem report has been brazenly botched up.

On May 29, she was found dead in her rented apartment in Chirag Delhi. She had multiple injuries; her nose was bitten off, her eyelids scratched, eyes bleeding and a big cut on her leg. There was a cell phone in her hand.

Bosco, her cousin says, “Even when the landlord knew our contact details, he did not inform us and broke open the door to her room with the help of the police. We strongly suspect tampering of evidence.” Bosco also informs that they were forced by the SHO to write down ‘death under suspicious circumstances’ instead of ‘suspected murder and sexual assault’ in their complaint to the police.

 

It’s the third day since the northeast community has been demanding the copy of a FIR outside the Malviya Nagar police station of South Delhi district.

 Binalakshmi, founder of Manipur Women Gun Survivor’s Network says, “The interim post mortem report came to us only last night. It mentions that the body had no blood stains. This is a blatant lie as evident in the pictures taken when her body was found the day before.”

The police, after a lot of protest, agreed to provide the FIR number to the family last night at 8 o’clock. After a lot of insistence they were finally handed over the FIR copy. The case was registered under section 306, which denotes ‘abetment to suicide’. It is also important to note that the reason on death in the interim post mortem report is mentioned as ‘pending’ and in spite of that the case has been registered under section 306.

 

Moreover, the family members informed the SHO Vijay Pal on several occasions that Reingamphi was continuously stalked by her landlord’s brother-in-law. She had even complained to her landlord on several occasions about the sexual innuendos in his brother in law’s conversations with her. He has not yet been taken into custody for interrogation.

Kiran Walia, MLA of Malviya Nagar and also the Minister of Health, Women and Child Welfare, Delhi met the protestors today outside the Malviya Nagar police station. “How can assault be ruled out in the investigation?” she said. She informed the crowd that the demand to transfer the case from the Malviya Nagar police station to the Special Crime branch has been conveyed to Delhi police Commissioner Neeraj Kumar and he has replied in the affirmative.

 

The travesty of justice is evident in the fact that only after a minister’s intervention, the local police filed a basic FIR. The family is now demanding a fresh post mortem, all police proceedings in writing and an investigation under charges of murder and sexual assault.

Related Article

West Bengal – 5 year old girl raped, police shielding the accused #Vaw


 

15 May 2013

 

To

The Chairman

West Bengal Human Rights Commission

Bhabani Bhaban

Alipur

Kolkata – 27

 

Respected Sir,

 

I want to draw your kind attention on an incident of inhumane rape on a minor girl of only five years of age and subsequent inactions of police of Raninagar Police Station Our fact finding report provides the detail of the whole incident. It is revealed during the fact finding that the police of the said police station refused to register the complaint of the victim family in first instance and though arrested the alleged accused but after pressure from the influential  family of the accused; made him scot free, though, registered the complaint on later date, not arrested the accused till date. The accused boy is also a minor. The physical condition of the girl is grave.

 

The police personnel of Raninagar police station suggested the family of the victim girl for arranging early treatment of her while asked to register their verbal complaint as the family members was literate. The police personnel told the father of the minor child to make a written complaint against the accused so that they could take appropriate steps against the accused while the father of the minor victim asked the reasons regarding the release of the accused from their custody instead of producing him before the court. On 20.04.2013, Mr. Nabiul Islam lodged a written complaint on behalf of the minor girl before the Officer-In-Charge of Raninagar Police Station. But till date no appropriate actions have been taken by the police personnel of the said police station and the accused is at in large.

 

Hence we seek your urgent intervention regarding the following the matters:

·       The accused must be arrested immediately

·       The role of the police personnel of Raninagar Police Station regarding their negligence and acquiescence with the accused and his ‘influential’ family must be investigated by an independent agency, and subsequent charges must be framed against the involved police personnel in accordance to the law

·       The family of minor girl should be financially compensated for the medical expenses incurred

·       The family must be provided with security and safety during the trial.

 

Thanking you

Yours truly

 

Kirity Roy

Secretary, MASUM & National Convener, PACTI

 

 

 

Name of the victim: – Ruma Khatun (name withheld), daughter of- Mr. Nabiul Islam, aged about 5 years, residing at Village- Ramnagar Natun Para, Post Office- Ramnagar DK, Police Station- Raninagar, District- Murshidabad.

 

Name of the perpetrators:- Mr. Diken Seikh, son of Mr. Sentu Seikh of Village- Ramnagar Natun Para, Post Office- Ramnagar DK, Police Station- Raninagar, District- Murshidabad and involved police personnel of Raninagar police station

 

Date and time of incident: – On 18.04.2013 at 2 pm.

 

Case Details: -

 

It is revealed during our fact finding that Mr. Nabiul Islam the father of the minor victim is living with his wife Ms. Layla Bibi along with the victim girl. Though Mr. Nabiul Islam is from Backward Class of Muslim Community, he and his family does not possess the certificate for the same. The family lives under abject poverty but their names have not been listed in Below Poverty Line (B.P.L) list either. The girl used to attend the local ICDS (Integral Child Development Scheme) Centre.

 

On 18.04.2013 at 2 pm, the girl was playing at adjacent mango orchard to her house with her friends. In the mean time the accused Mr. Diken Seikh, son of Mr. Sentu Seikh came to the place and made consecutive sexual gestures towards the girl while she was playing. The accused thereafter allured the girl by giving her a chocolate and took her to a nearby wheat field. The victim suddenly pushed down the minor girl on the field and jumped upon to her body. He abruptly tore open her clothes and forced upon her. The accused raped the minor with savaged cruelty. The minor girl made alarm while she was wreaked in severe pain and became senseless. The accused left the bleeding girl and fled from the scene. Few villagers suddenly came to the spot and informed Ms. Layla Bibi; the mother of the girl, about the incident. Ms. Layla Bibi came to the place and rushed her daughter to Godhonpara Primary Health Centre for medical treatment. But the doctor of that Primary Health Centre transferred the girl to Berhampore Matri Sadan Hospital for better treatment after examining her injuries received during the alleged rape.

 

On the very day of the incident, the parents of the victim went to Raninagar Police Station to lodge a complaint. But the police personnel of the said police station suggested them to get treated the girl at first, and then to make the complaint.  In the meantime the police arrested the accused on the basis of oral complaint by the parents took him to the police station, not to juvenile home, but later released him after his family interfered and “influenced” the police, instead of producing him before the court. Fact finding revealed that the maternal uncle of the accused is an influential political personality of the locality.

 

On 20.04.2013, Mr. Nabiul Islam lodged a written complaint over the incident, and police registered the complaint as an First Information Report (F.I.R.) and initiated a case against the accused vide Raninagar PS Case No. 272/2013 dated 20.04.2013 under section 376 (2) (f) of Indian Penal Code. But till now no appropriate actions have been taken by the police personnel of the said police station and the accused is still at large.

 

On 25.04.2013, the minor girl was discharged from Berhampore Matri Sadan Hospital after a heroic battle over the critical injuries which she received during a savage aggression upon her.

 

On 03.04.2013 at 8 pm, our fact finding team called to Mr. Ajay Pal; Sub Inspector of Raninagar police station and investigating officer of the case over telephone (03481-238038) and wanted to know the details of ongoing investigation and about the intended arrest of the accused. But the said IO of the case told that he did not know anything about the incident and abruptly disconnected the line.

Inline images 1

   VG was admitted in district hospital for injury at genital organ  

Inline images 2

 

Signature and acceptance of Mr. Ajay Pal, S.I.                                                                                        of Raninagar P.S. as Investigating Officer of the case 

 


Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Tele-Fax – +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in

 

Supreme Court of India directs registration of over 75,000 cases of missing children




May 21, 2013, New Delhi
: The Hon’ble Supreme Court of India issued landmark directions for the protection of missing children and other child victims of crimes in the country. In a petition filed by Bachpan Bachan Andolan (BBAon the issue of missing children and trafficking, a bench headed by Hon’ble Chief Justice of India Mr. Justice Altamas Kabir and comprising of Hon’ble Mr. Justice Vikramajit Sen and Hon’ble Mr. Justice Sharad Arvind Bobde issued the directions.

Accepting the contentions made by the petitioner BBA, the Hon’ble Supreme Court issued the following directions including:-

  • All cases of missing children in India to be registered as a cognizable offence (as First Information Report) and investigated.
  • In cases where First Information Reports have not been lodged at all and the child is still missing, an F.I.R. should be lodged within a month – this figure is 75,808 for the period 2009 – 2011 alone.
  • In all missing children cases, there will be a presumption of the crime of kidnapping or trafficking unless proven otherwise from investigation – this is a landmark precedent as for the first time of “presumption of crime” for vulnerable sections of society is recognised.
  • All complaints regarding children (for non cognizable offences), to be investigated after referring them to a magistrate.
  • Each police station should have, at least, one Police Officer, especially instructed and trained and designated as a Juvenile Welfare Officer to investigate crimes against children.
  • National Legal Services Authority (NALSA) to appoint para-legal volunteers, so that there is, at least, one para- legal volunteer, in shifts, in the police station to keep a watch over the manner in which the  complaints  regarding  missing  children  and other offences against children, are dealt with.
  • A computerized programme (website), which  would  create  a network between the Central Child Protection Unit as the Head  of  the Organization and all State  Child  Protection  Units,  District Child Protection Units, City  Child  Protection Units,  Block  Level  Child Protection Units,  all  Special  Juvenile  Police  Units,  all  Police stations,  all  Juvenile  Justice  Boards  and   all Child Welfare Committees, etc. to be created as a central data bank.    
  • Photographs of the recovered child to be put up on  the  website and  through the newspapers and even on the T.V. so that the parents of the missing child could locate their  missing child and recover him or her from the  custody  of  the  police. 
  • A  Standard Operating Procedure (SoP) must be developed to handle the cases  of  missing  children and to invoke appropriate provisions of law where trafficking, child labour, abduction,  exploitation and similar issues are disclosed during investigation or after the recovery  of  the  child. 
  • BBA to assist in developing the Standard Operating Procedure (SoP), and also, BBA to be the nodal agency for All India Legal Aid Cell on Child Rights, flagship scheme of NALSA to provide legal aid to any child in need of care and protection in the country.
  • A missing child has been defined as, “a person below eighteen years of age, whose whereabouts are not known to  the parents, legal guardians and any other person, who may be legally entrusted with the custody of the child, whatever may be the circumstances/causes of disappearance. The child will be considered missing and in need of care and protection within the meaning of the later part of the Juvenile Act, until located and/or his/her safety/well being is established.”

  • Even after recovery of the missing child, the police  shall  carry  out  further investigation  to  see  whether  there  is  an  involvement  of any trafficking in the procedure by which the child went missing. 
  • The State authorities shall arrange for adequate Shelter Homes to be provided for missing children, who are  recovered and do not have any place to go to within 3 months. 

Arguing on the behalf of petitioner Bachpan Bachan AndolanMr. H.S. Phoolka, Senior Advocate said “Every hour 10 children go missing. Out of these only one case is registered and investigated. There is no hope for the poor parents whose children go missing”.

BBA had under taken a pioneering research for three years on the issue of missing children, following which this writ petition (Writ Petition Civil 75/ 2012 – Bachpan Bachao Andolan vs Union of India and Others) has been filed.

As per official government data, in India, during the period from 2009 to 2011 number of children that have gone missing are 2, 36, 014 and out of them 75,808 are still untraced. However, only 34,899 FIRs have been registered in all. These directions from Supreme Court will come as a relief to those hundreds of thousands of parents whose children have been kidnapped and are still untraced without any assistance from law enforcement authorities.

Mr. Kailash Satyarthi, Founder, BBA said “It is a watershed moment not only in our three decade fight in restoring childhood but has also brought a fresh lease of hope for hundreds of thousands of missing children and their hapless parents, whose cries remained unheard due to the absence of legal protection and apathy of enforcement machinery. Our argument that children do not disappear in thin air but go missing because of an organized nexus of traffickers and mafias, has been finally upheld by the highest court of the land today”.

Mr. R. S. Chaurasia, Chairperson, BBA added that, “BBA will rigorously follow the enforcement of this landmark judgment and extends its support to the government in this regard”.

For more information please contact:-

Om Prakash

9015125007

 

Jharkhand – Questions over killing of student in ‘encounter’


GUMLA (JHARKHAND), May 6, 2013

Anumeha Yadav, The Hindu

 

Family grapples with questions over the killing of 17-year-old Naveen by police in ‘encounter’

There had been an employees’ strike at the college since February. Mukesh Sahu, 21, a second-year B.Sc. student, spent the Thursday afternoon in March running errands at Gumla market. As he sat down near the town pond to catch up with his college friends, his phone rang. “Naveen has been shot. The police shot him.” It was his uncle, a couple of years older than him, whose village his brother Naveen had left for that morning.

The next few hours were a blur, Mukesh recalls, as he and his family reached the Gumla police station. The police claimed that Naveen, 17, a student of Class XI, was Rajesh Tiger, an area commander of the breakaway Maoist group, People’s Liberation Front of India (PLFI), in Gumla. The police claimed that they had shot him while he was trying to escape with two PLFI members, after extorting Rs.38,000 from an entrepreneur. “Naveen helped to cultivate the small plot of family land after school hours. Classes have been irregular since the strike began at college. That day, he had gone to meet the family of my grandfather’s brother at Pakri Chaura because we needed a putujhaarh (a grass fence) for the farm, and our relatives’ village has more forested land,” Mukesh says.

“We stood in the police station, crying, screaming for hours till it was dark. The police brought Naveen’s body in an auto. I recognised the blue-white shirt he had worn that morning. As more of our relatives gathered, the police called a bus full of policemen. We were scared that they were going to lathi-charge us, so we went back home,” recalls Naveen’s aunt Anita Sahu, 32.

At 6 a.m. the next day, the family reached the government hospital. Four hours later, the police brought Naveen’s body for an autopsy. His family members recall that they watched the police go in with a magistrate and doctors, but were denied entry. A month later, after they got a copy of the autopsy report, the family approached the Gumla district branch of the State Human Rights Commission, but was discouraged by officials there from pursuing the matter. “The officer asked for Rs.2,000 in bribe,” alleges Anita Sahu, who has trained as an auxiliary midwife nurse at the Gumla government hospital.

In April, a friend in Ranchi, 100 km away, helped the family contact Jharkhand Human Rights Movement general secretary Gladson Dungdung, who wrote to the National Human Rights Commission, demanding an inquiry into the alleged encounter. But the family members are still grappling with questions over Naveen’s killing.

“If my son was an area commander, how come the police have no records of him, no photos, no evidence of his links to the PLFI,” asks Naveen’s mother Bhagvanti Devi. Ajay Kumar, director, Wings IT Computer Centre for Education & Solutions, Gumla, shared records with The Hindu , which show that Naveen got admission to a Diploma of Computer Applications on a 60 per cent scholarship in January and attended five of seven classes the previous week.

The First Information Report registered at the Gumla station notes that at 4.30 p.m. on March 21, the Gumla police and Inspector Digvijay Singh of the Raidih police station chased three PLFI men who were trying to escape southwards of Pakri Chaura on a motorcycle, after collecting Rs. 38,000 from Gumla entrepreneur Manoj Sahu. According to the FIR, one of the three men, PLFI commander Rajesh Tiger, fell after being shot; two others escaped with the money. A pistol and an empty shell were recovered from his side.

“On my way to pick my nephew from his tuition classes, I saw a police jeep by the side of the path out of the village. A motorbike was lying by the road. The police were firing on the sides of a man who ran a few metres, his hand on the right side of his chest, then fell and rolled over in the field. His face was covered, and I realised only later that it was Naveen who was on my uncle’s motorbike. There were no other men with him as claimed by the police,” claims Mahesh (name changed), Naveen’s uncle, who then called Mukesh up to inform him of what he had seen. “The local journalist who reported on this came to meet my family and said he did not see any gun or shell near where Naveen’s body lay. The police put it there,” said Mukesh. The police have not yet recorded the statements of either.

More shockingly, the autopsy report records a firearm injury from a long distance, with an entry wound of 0.5 by 0.5 inch on the chest and an exit wound of 1.5 by 1.5 inch on the back. But Naveen’s family say that while there was a bullet wound on the chest, there was no mark on the back. “The family washed Naveen’s body before we cremated him. There are 100 people who can to testify that there was no mark on the back. Why this lie in the report? Did they remove the bullet to remove evidence and then fabricate this?” asks Anita.

“My suspicion is that this boy was 200 per cent PLFI [man]. If human rights groups interfere with the police work, the PLFI will be never finished from the area,” says Saurav Prasad, one of the three doctors at the government hospital who performed the autopsy.

While the FIR records that Manoj Sahu’s family was being threatened by the PLFI, Mr. Sahu says he received phone calls from Pahadi Cheetah, a splinter group also active in Gumla. “Men who identified themselves as Pahadi Cheetah and who killed my father some years back called my brother Ravi incessantly after March 16, demanding Rs. 1 lakh. We agreed to give Rs.38,000; my older brother sent me to Pakri Chaura with the money, but I did not see the encounter,” he said.

IG CID Anurag Gupta has said the police will inquire into the incident. “From the facts, it seems the boy was a student and did not have any criminal history.”

The PLFI is one of the more than 15 breakaway Maoists groups active in Jharkhand. In March, the Jharkhand police stepped up operations against PLFI leader Dinesh Gop active in Gumla, Simdega and Khunti districts.

 

Casteist remarks: Assistant professor booked



Tribune News Service

Patiala, April 30
The police today booked an assistant professor of Rajindra Medical College for allegedly making cast-based remarks against an MBBS student. The FIR comes ten days after Raj Kumar Verka, vice chairman, National Commission for Scheduled Castes, visited Patiala, met the aggrieved student and directed the Patiala police to register a case.

Teaching staff of the college is up in arms against the “one-sided act” of the police.

The police said the FIR was registered against Rajindra Medical College assistant professor Dr Harsimran Singh on the complaint filed by MBBS student Anmolpreet Singh. In his complaint to the police, Anmolpreet stated that the accused professor had passed caste-based remarks against him in front of the entire class.

Following the complaint and a preliminary probe, the police registered a case under Sections 3 (1), (10) of the SC, ST Act 1989 against the accused at the civil lines police station.

Sources said it was only after the chairman of National Commission for Scheduled Castes asked the district police chief to register a case that the accused was booked. They said the accused could be arrested anytime as the sections were non-bailable. However, with over 100 students as witnesses and many of them willing to give their statement in the case, the police might take more time to investigate the matter. “While some students have backed the victim, others have told us a different story,” said a police source.

Patiala SSP Gurpreet Singh Gill said they were investigating the matter and statements of witnesses would be recorded. “It is too early to say anything but we are sure the investigation will be done in an impartial manner,” Gill said.

Teachers from the general category are opposing the registration of the case, claiming that the student was under the influence of a senior professor, who was known for using such tactics to settle personal scores.

Seven similar complaints had been received — three at the medical college and four at Rajindra Hospital. In August 2012, three such complaints were filed by Class IV employees of the hospital. However, following investigations, it was found that none of the complaints were genuine.

“We are for strict punishment against anyone using caste remarks against anyone but it is hard to believe that an assistant professor would use such words in a classroom without a valid reason,” said a senior doctor. “Such cases will cause a rift instead of bridging it and we demand an impartial probe. Till then, those involved in the case should be shifted from their positions so that students are under no pressure,” he said.

 

Kerala – Environmental Activist is labelled “anti-national and terrorist” #WTF


 ‘Industry-politician nexus is trying to eliminate us’

Author(s): M Suchitra, downtoearth
Issue Date: Apr 24, 2013

Purushan Eloor is an environmental activist and research coordinator with Periyar Malineekarana Virudha Samithy (PMVS), which has been fighting against industrial pollution in the Periyar river, the lifeline of central Kerala. The river is alarmingly polluted by about 280 chemical factories located at Eloor-Edayar industrial estate, the largest industrial cluster in the state.

Purushan was member of the Local Area Environment Committee constituted in 2004 by the Supreme Court Monitoring Committee on Hazardous Wastes, the Environment Working Group of Kerala State Planning Board and the Endosulfan Technical Cell of the Kerala government. Besides, PMVS is an accredited member of the Kerala State Biodiversity Board. But for the past one year, Purushan has been spending most of his time and energy in courts and police stations. He is facing investigations by the crime branch, special branch and the local police for “anti-national and terrorist” activities. Purushan spoke to M Suchitra about how industries and politicians conspire to eliminate environment activists in the locality and how factories continue to pollute the river with impunity. Some excerpts:

Purushan Eloor Purushan EloorWhy are police agencies investigating you and your organisation?

The state government ordered the probe. It is based on a complaint given by the Standing Council of Trade Unions to the chief minister.

What is this Standing Council of Trade Unions?

It is a confederation of prominent trade unions such as CITU, AITUC, INTUC and BMS. The patrons of the council include two state ministers. Its executive and non-executive office-bearers include influential politicians and members of Parliament and the Assembly. The council was originally formed to act as a mediator between industries and the government for the smooth functioning of factories by ensuring adequate power availability.

What are the charges against you?

Receiving huge foreign funds for derailing and destroying domestic industries, purchasing large coffee estates and resorts, uploading visuals insulting the national flag on Facebook, participating in secret camps organised by banned groups like Students Islamic Movement of India, association with those who work for terrorist groups in Pakistan and connections with Maoists.

Is there any truth in these allegations?

Each and every allegation is false and fabricated. Ours is a group of local environmental activists. Our organisation was formed more than two decades ago by the residents of Eloor and Edayar village panchayats, affected by pollution from hazardous wastes discharged by factories. We hold open meetings, agitations and campaigns against the pollution using money from our own pockets. Nothing is about us is a secret. We are ordinary people struggling for a safe environment. About 3,500 families around the industrial estate are affected by the pollution. We have been struggling for more than 20 years.

Then why does the council raise such allegations?

This is an outcome of the nexus between industries and politicians. The present investigation started early last year. First, a series of planted reports against us appeared in Big News, a publication which is not even registered. This was followed by a press conference by the Standing Council at Ernakulam Press Club. It got wide coverage in newspapers and channels. Subsequently, posters tarnishing us were put up everywhere. Then the council approached the chief minister and requested for immediate probe. They also published allegations against us in a blog called patriot.com

What is the basis of the allegation of denigrating the Tricolour on Facebook?

It is an effort to establish that I am involved in anti-national activities. For this they dragged in my friend Muhammedali, a resident of Eloor, working in Dubai. I know him from childhood. We are friends on Facebook, too. Like me, he also hails from a communist family. He was a CPI(M) member and was active in the library movement till he left for Dubai for a livelihood. The First Information Report (FIR) of the Crime Branch accuses Mohammedali of sharing visuals denigrating the national flag and spreading “I Love Pakistan” message through Facebook. The FIR also says by his close relationships with Pakistanis in UAE, he may indulge in anti-social activities. Just imagine, to trap me they tarnished an innocent person who is working far away from his home.

On Facebook have you posted or liked or shared anything against national interest?

Never. Neither he nor I posted or shared or liked anything insulting the flag or propagating anti-national feelings. Neither of us visited any Facebook page that carried the kind of things the FIR says. Interestingly, the standing council even handed over printouts of the photos allegedly posted on our Facebook to the Crime Branch.

How could they do that if you have not posted it?

They were fake.

Doesn’t it amount to cyber crime?

Yes. Mohammedali was extremely shocked. He filed a case in the Kerala High Court against the state government and the Crime Branch, praying for quashing of the false FIR against him. I have also filed a case. Besides, I lodged a complaint in the cyber crimes enquiry cell.

What was the outcome?

Whatever you do on the Facebook–posting, sharing, liking or tagging—will be recorded in its history. It is not difficult to find out whether you have committed a crime or not. After eight months of investigation, the cyber cell found that we were innocent. Since the allegations were serious I wanted to know the origin of all this. Google and VSNL informed the cyber cell that this blog was created in a computer in the office of Cochin Minerals & Rutile Limited, an industrial house producing synthetic rutile.

What does the government say now?

It ended up in an embarrassing position. A few days ago the Kerala Government submitted a statement in the High Court admitting that Mohemmadali’s Facebook did not contain any visual or post against national interest. The regional and national media gave wide coverage to this human rights violation by the government and its police.

Have you bought coffee estates and resorts?

No. But we, 11 friends, have together bought 4.29 acres (1.7 hectares) in Wayanad district. Of the 11, four are from our organisation. What I and my family have in Wayanad is only an old thatched house in a 64 cent plot. Recently, the government conducted a hunt for Maoists in Wayanad forests.

What is the plight of the Periyar now?

The river is dying. There are 15 dams upstream and 282 industries downstream. Of these, 110 are chemical industries. There are a number of scientific studies revealing the dismal plight of the river. Areas surrounding the industrial belt have become one of the toxic hot spots in the world. Most of the factories still discharge their raw hazardous effluent directly into the river. The riverbed has deposits of heavy metals like lead, cadmium, mercury, chromium, nickel, cobalt and zinc. Studies by the Cochin University of Science and Technology have revealed that the river ecosystem has many dead zones. Massive fish kills occur frequently. At times the river flows in different colours. Many species of flora and fauna have disappeared. The industrial cluster is only 20 km from the Kochi backwaters which is a part of the Vembanad Lake, a Ramsar site. All hazardous wastes finally reach the backwaters. On the one hand, water flow has significantly reduced due to dams, and on the other, contamination of water, soil and air has increased. Pollution of the river and surrounding wetlands has almost wiped out the traditional occupations, including fishing and farming.

Which are the main polluting companies?

Most of the companies contribute to toxic pollution. But there are a few companies like Hindustan Insecticides Limited (HIL), Merchem and Binani Zinc which have never bothered to abide by the laws. HIL, a Central government undertaking, has been producing insecticides including DDT and endosulfan since 1956. Production of endosulfan was stopped in 2011 after public protests and verdict from the Supreme Court. DDT is the most notorious of the 12 chlorinated chemicals identified for total elimination by the Stockholm Convention. HIL is one of the few remaining DDT producing factories in the world. Water samples from a small stream called Kuzhikkandam Thodu, where HIL discharges its effluent, have revealed presence of more than 100 organic compounds including organochlorines like DDT and its derivatives, which are classified as persistent organic pollutants (POPs). This stream joins the river.

But did the situation not change after the Supreme Court-appointed monitoring committee’s intervention?

Not much. In 2004, when the monitoring committee visited Kerala, it was shocked to see the situation here. The Hazardous Wastes Rules were notified in 1989. In 1997, the Supreme Court ordered state pollution control boards across the country to show cause as to why industries without requisite authorisation or waste treatment facilities should not be closed down. Kerala State Pollution Control Board never bothered to pay attention to the Supreme Court’s rulings and observations. The committee ordered to close down the factories which do not abide by laws. At least 100 factories would have to close down in this industrial estate. The state pleaded for time to make the factories set up adequate facilities. The monitoring committee also set up a Local Area Environment Committee (LAEC) for auditing pollution and monitoring the functioning of these 100 companies. Some of the companies sincerely tried to reduce the pollution level by setting up new facilities. LAEC was vigilant. At that time there were obvious changes in the pollution level. But many of the companies which started functioning in a better way have fallen back to their old system of discharging raw effluent directly to the river.

Why?

The main reason is inefficiency of the pollution control board. The Board is corrupt from top to bottom. It is not monitoring anything. It is not transparent and people-friendly. Besides, the board is not capable of giving suggestions and guidelines to the industries on how to reduce the pollution level. When it comes to the application of science and technology, the board is years behind. Also, there is always tremendous political pressure to turn a blind eye towards pollution. To reduce pollution we need to know the mass balance which gives you the exact picture on raw materials and amount of water used, production capacity, actual production and quantity of wastes, solid and liquid, and pollution level. In the past 40 years, mass balance has been determined for not even a single company. Then how can the pollution level be reduced?

What does the state government say about reducing pollution?

It is not interested in solving the pollution issues. In 2000, we had raised a demand for a permanent river monitoring station for assessing the pollutions levels. The state government promised us that it would set up the station within six months. Nothing has happened as yet.

Let us come back to the investigations against you. You say CMRL is behind the false charges against you. Was there any immediate provocation?

Yes. This company produces synthetic rutile. The byproducts are ferric chloride and ferrous chloride. Since ferric chloride can be used in water treatment, the company sells it outside. As for ferrous chloride, the company used to discharge it into the river. This was the reason for Periyar’s change of colour at times. When Local Area Environment Committee objected, it had even transported the effluent to neighbouring Tamil Nadu in tankers and discharged it directly into open fields. We had caught them red-handed while doing this. Three years ago, the company started a project in Sabarimala for treating water using ferrous chloride in a stream highly contaminated by E-coli. We objected to it. First, adding chemicals directly into the river or stream is against the law. More than that, the company was using ferrous chloride contaminated with heavy metals. We constituted a fact-finding team. The team found that the project was a failure. The company was using this project for publicity in media. Finally, it had to wind up the project.

You said it was the complaint given by the standing council of trade unions that led to the ongoing investigations. Does it mean that there is a huge divide within the community between factory workers and those who fight for safe environment?

We have never demanded closure of the industries. Our demand is that industries should abide by the law and stop destroying ecosystems. Workers and trade union leaders who hail from Eloor-Edayar area give us moral support. They know what we stand for. They are very well aware of the issues. Their families, too, suffer from pollution. But the real problem creators are top level trade union leaders and politicians. They instigate fear among workers about a possible closure of the industries.

Have the polluters paid any compensation?

We had demanded medical insurance cards for the residents for up to Rs 1,00,000. In the last two years of the previous government we got medical cards which allowed treatment up to Rs 35,000. Companies bore the expenses. But when the present government came to power in 2011, it stopped this scheme.

Why are only residents of Eloor-Edayar region fighting against the pollution? Residents, hotels and hospitals of the Ernakulam (Cochin) city also use the Periyar water though they get treated water. Why are they not bothered about the pollution? Why don’t they join the struggle?

We have tried our best to make them take up the issue. We have met all the residents’ associations in the city and requested them to join the struggle. But they keep away and prefer silence. There are about 280 factories and influential industrialists, politicians who get money from these industries, and there are many other interest groups. Leave city people, even organisations like Kerala Sasthra Sahitya Parishad, which is supposed to be a people’s science movement, has not taken up this issue as it should have.

Why have they targetted only you?

Not only me. They target all those who actively work against pollution. The goons of the companies will do anything. They may even kill you. Recently, Shibu Manuel, who has filed a public interest litigation in the high court for scientific cleaning of the Kuzhikkandam stream was attacked by the goons of the companies. They broke his legs and arms. He suffered serious injuries. He was actively pursuing the case. It can happen to me too. I constantly get threats on my life. The police have cautioned me to take care not to move alone. So the message is very clear: Stop your activism or be ready to die. The industry-politician nexus is trying to eliminate us.

Does all this affect your morale?

Yes, very much. It is really painful to face allegations and investigations after years of fighting for a cause. Everywhere in our country, those who engage in grassroots struggles face similar situations. At times, I have the urge to live a quiet and peaceful life. The cases and courts consume your time, energy and money. All this would divert our attention from the main issues. That’s exactly what the industry-politician nexus wants.

Interviewee:
Purushan Eloor

 

West Bengal – Inhuman torture by BSF, false police case


9 April 2013

To

The Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi-110001

Respected Sir,

I want to draw your kind attention regarding the matter of physical torture and false implication into criminal charges upon the victim Mr. Sariful Islam from District-Murshidabad, West Bengal by the perpetrator BSF personnel. The victim was physically assaulted, verbally abused by the perpetrator BSF personnel without any reason and cash of Rs. 2230/- and one mobile set was arbitrarily seized from his possession by the perpetrator BSF personnel on the date of the incident. Our attached fact finding report gives the details of the incident. The victim lodged a written complaint to the Superintendent of Police, Murshidabad informing the whole incident of physical torture and false implication committed upon him by the perpetrator BSF personnel. But no actions have been taken against the perpetrator BSF personnel by the higher authority. The victim is now living under fear after getting warnings and threats from police and BSF personnel to withdraw his complaint against the BSF personnel lodged before the Superintendent of Police, Murshidabad.

Hence we seek your urgent intervention regarding the following matters: -

·       The whole incident must be investigated by the Commission’s own investigation wing.

·       The perpetrator BSF personnel must be booked under the law immediately and prosecuted under the criminal law in open court of law.

·       The role of the police of Raninagar Police Station must be investigated regarding failure to act lawfully in the matter of the victim.

·       The victim must be relieved from the false charges and should be provided adequate compensation.

·       The family of the victim and the victim must be given adequate protection so that they do not come under threat or inducement.

·       BSF personnel obstructing villagers to cultivate their land be stopped without delay.

Thanking You

Yours truly

Kirity Roy

Secretary, MASUM

&

National Convener, PACTI

 

 

 

Name of the victim: – Mr. Sariful Islam, son of- Late Abdul Goni, aged about- 38 years, by faith- Muslim, residing at Village- Babla Bona-Bathan Para, Post Office- Ramnagar , Police Station- Raninagar, District- Murshidabad, West Bengal, India.

Name of the perpetrators: -

1.  Company-In-Charge of Kaharpara BSF BN. No-130 2. One officer Intelligence Branch of BSF and 3. to 8. Other six involved BSF jawans of Kaharpara BSF BN. No-130 under Raninagar Police Station; 9. Mr. Sumit Talukdar, the Officer-In-Charge of Raninagar Police Station

Date and time of the incident: – On 13.02.2013 at 1pm

Place of the occurrence: – In I.B.B Road at Kaharpara under Raninagar Police Station.

 

Case details: -

It is revealed during fact finding that the victim is living with his wife Ms. Habiba Sultana, aged about 30 years and with his two sons namely Mr. Sakhil Habib, aged about 14 years and Mr. Nur Alam, aged about 9 years. Cultivation and selling fodder are the ways to survive their livelihood. He is involved in various social works. He is also a victim of political rivalry.  The father of the victim was reportedly murdered as a result of political rivalry before few years back.

On the date of incident at 10 am, the victim went to his cultivation field which was situated in Radhakrishna Mouja Dag No- 1345-1349-1275 to observe the crops. At about 1pm, he was illegally restrained by six BSF jawans of Kaharpara BSF BN. No-130 while he was returning from the field. They asked the victim to show his voter identity card. After that they without sounding any reason started to brutally assault the victim by fists and blows. The perpetrator BSF personnel repeatedly slapped him on his ears and chest and forcibly snatched cash of Rs.2230/- from his possession and one mobile set from him. After that the perpetrator BSF personnel put him into life threat and tried to accuse him as a smuggler. The perpetrator BSF personnel also threatened him that he would be falsely implicated in a case if he refused to say that he has an involvement in smuggling. The victim was also verbally abused by the perpetrator BSF personnel and he was brutally assaulted again. Thereafter the victim was taken by the perpetrator BSF personnel to Raninagar Police Station by car. He was falsely implicated in a criminal case on the basis of a written complaint of the perpetrator BSF personnel which was treated as First Information Report (F.I.R) vide Raninagar Police Station Case No- 134/13 dated 13.02.2013 under sections 188 of Indian Penal Code and 12 of P. P. Act. In the said criminal case there was another co-accused namely Mr. Mahiriddin Seikh who was reportedly arrested by the BSF personnel on 12.03.2013.

On 14.02.2013, the victim was produced at Additional Chief Judicial Magistrate Court, Lalbagh. He was released on bail. The Company-In-Charge and the officer of Intelligence Department (I.B.) of Kaharpara BSF BN. No-130 threatened the victim to implicate him false charges again and even to kill him if he dared to inform the incident of physical assault to anyone. On 15.2.2013 the victim got medical treatment from one local Doctor namely Mr. Nishir Kumar Sarkar who recorded the injuries sustained by the victim. The said doctor referred the victim to hospital for further treatment. Later he was medically treated in Berhampore General Hospital.

On 20.02.2013, the victim lodged a written complaint before the Superintendent of Police, Murshidabad through courier informing the whole incident of physical torture committed upon him by the perpetrator BSF personnel.  But till date no action was taken on the basis of his complaint.

On 26.03.2013, the victim talked with our fact finding team and he informed that the Investigating Officer (I.O) of Raninagar Police Station of the above mentioned criminal case warned him that he would face grave problems for sending complaint letter to the Superintendent of Police, Murshidabad informing the whole incident of physical torture committed upon him by the perpetrator BSF personnel and also said that if he is implicated in a false case again then there would be none to survive him from that situation. The Investigating Officer of that said police station told the victim that if he did not withdraw the complaint which he lodged before the Superintendent of Police, Murshidabad, he would pay the grave consequences for that. The victim’s life now came under threat. At present the victim is living under fear after getting warning from the Investigating Officer (I.O) of Raninagar Police Station and BSF personnel. The victim till date did not get back his mobile set and cash of Rs. 2230/- which were arbitrarily seized from him by the perpetrator BSF personnel without issuing any seizure list.

Inline images 1

Sariful

Inline images 2

#India-10-year-old rape survivor put behind bars #Vaw #WTFnews


The victim spent several hours behind the bars after her mother brought her to a women’s police station to lodge a complaint against a local goon for allegedly raping her
Illustration: Anand Naorem

Bulandshahr (UP), Apr 8 (PTI): The callous response of police came to fore when a 10-year-old girl, who was allegedly raped, was put behind bars by women cops after she approached them to file a complaint along with her mother.

Two women constables have been suspended while two sub-inspectors including the station-in-charge have been sent to police lines following the incident, SSP Gulab Singh said.

The victim spent several hours behind the bars after her mother brought her to a women’s police station to lodge a complaint against a local goon for allegedly raping her. She was rescued only after locals protested over the matter.

According to Singh, the minor from Meerpur village here was found lying unconscious in a field by her parents last night where she had been dumped after being allegedly raped.

An FIR was lodged with the police by victims’ parents but shockingly the staff of the women’s police station detained the victim in lock-up. The girl’s medical examination will be conducted to confirm rape and investigations are on, Singh said. The local goon accused of raping the minor is absconding, he added.