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

 

PRESS RELEASE – The Koodankulam Mystery : Russian Officials’ Anxiety


People’s Movemenmt Against Nuclear Energy (PMANE)

Idinthakarai 627 104
Tirunelveli District
Mobile: 9842154073, 9865683735
Email: koodankulam@yahoo.com                                                      For Immediate Release
May 24, 2013
The Koodankulam Mystery : Russian Officials’ Anxiety
The periodic interventions of the Russian diplomats in India in defense of the Indian nuclear authorities are very intriguing and puzzling. Lauding the Tamil Nadu government’s decision on the Koodankulam nuclear power project (KKNPP) as “correct” but “long overdue,” the Russian Ambassador to India, Mr. Alexander M. Kadakin, said in March 2012: “From October to March, it is not Russia, it was India which was losing $1 million a day. Can we welcome the loss of the money that Indian people had put aside for construction?”
But the Russian ambassador did not explain how that loss exactly happened, or what his involvement in the Koodankulam transaction was, or how he calculated that $1 million loss per day. Most importantly, who was he to do the calculation? Though Mr. Kadakin was in close touch with the Indian government on the KKNPP issue, he said in February 2012 that he had not contacted the Chief Minister of Tamil Nadu saying “It may look a bit odd. I don’t like to bypass the Centre.”
Throwing all the diplomatic norms and values to the wind, Mr. Kadakin has been interfering in the internal affairs of our country. He commented in an interview in March 2012: “We have been suspecting it all along, and, I was openly saying this, because it was very strange. Six months after the Fukushima tragedy, all those protesters raise their voices. They were sleeping for six months, and then, all of sudden, they raise their voices against the most secure, the best and the safest (nuclear power) station in the world.” He added further: “We were perplexed, but now we stand vindicated.” Without directly naming the United States, Mr. Kadakin said some strategic friends of India who were not doing anything for its energy sector, did not like the idea of India becoming strong, and therefore, were stalling the Kudankulam project through proxies (Business Line, March 26, 2012).
A year later in February 2013, Mr. Kadakin said, “I think these (protests) are sponsored. They work in such a way that when money ends they stop and when they get another portion of money they resume their protests.” He asserted: “Yes, there are NGOs from outside who are feeding these protest organisation. India is a democratic country, people are free to protest if they feel some danger is coming.”
In May 2013, the Russian Ambassador accused anti-nuclear protesters of “playing games” as India moves to launch the country’s biggest nuclear power project. He said: “The unit number one is almost ready and second one will be ready within six months. But as regards pressure from protesters and from other people, these are all gimmicks and games. The games by those who don’t want to see India strong, who don’t want India and Tamil Nadu to have really much (needed) power.”
Mr. Kadakin had said “[Koodankulam] is the safest nuclear unit in the world which has been recognised by specialists and scientists in the West and the East.” If it is indeed the safest plant, why aren’t the Russians willing to offer any liability whatsoever? In December 2012, however, Mr.Kadakin said that negotiations on issues relating to civil nuclear liability law were still going on and stressed that if India insisted on liability, the price of Kudankulam units III and IV would go up. According to him, the two units were “grandsons of the original agreement” on Kudankulam units I and II which came into effect much before the civil nuclear liability law.
Joining the fray with his Ambassador, Mr. Nikolay Listopadov, the Russian Consul General in south India, has assured full commitment to all the Koodankulam units and said “the ties in this regard between the two nations…were guided by mutual interest” (The New Indian Express, May 19, 2013). What indeed is the “mutual interest” that tends to work up the Russian officials in India? Why are the Russian officials nervous about the Koodankulam project and want an immediate commissioning? What are they trying to hide? Who are they trying to protect? The inter-governmental skeletons will start tumbling out of the Koodankulam closet one by one soon.
The Struggle Committee
PMANE

 

Press Release- ‘Driving Force: Labour Struggles and Violation of Rights in Maruti Suzuki India Limited


1
People’s Union for Democratic Rights
23 May 2013
Press Release
Release of PUDR report ‘Driving Force: Labour Struggles and Violation of Rights in Maruti Suzuki India Limited’(May 2013) at Press Conference in Chandigarh
On18 July 2012 a violent incident occurred at the Manesar unit of Maruti Suzuki India Limited (MSIL), in which an HR manager died and some other managers as well as workers were injured. Following reports of severe harassment of Maruti workers and their families in late July 2012, Peoples Union for Democratic Rights (PUDR) began a fact-finding investigation into the incident, its context and implications. We are releasing our findings today in the form of a report ‘Driving Force: Labour Struggles and Violation of Rights in Maruti Suzuki India Limited’ (PUDR, May, 2013). This report follows PUDR’s two previous reports Hard Drive (2001) and Freewheelin’ Capital (2007) which recorded crucial moments of the labour struggle at Maruti. In the course of our fact finding, we have met or spoken to the workers (contract, permanent and terminated), the union leaders, their lawyer as well as officials from the labour department, Gurgaon, and different police officials. All attempts to meet the management turned out to be futile because it did not give us appointment for a meeting despite our persistent efforts.
PUDR’s findings, recorded in the report are as follows:
(1) The events of 18 July 2012 at Maruti’s Manesar unit are still heavily shrouded in ambiguity and the real culprits can be identified only if a thorough investigation is done by an independent agency which is not influenced by the management. The Haryana police have been consistently acting in a partisan manner favouring the management since the incident, and therefore cannot be entrusted with this task. The lack of an independent investigation into the incident has been amounting to a grave miscarriage of justice.
(2) In an absolute disregard for the rule of law, the entire blame for the incident was put on the workers not just by the management, but also the police and administration, long before the investigation was over. The nexus between the police and the management got exposed most starkly after the 18 July incident. The close correspondence between the FIR lodged by the police containing between 500 and 600 ‘unnamed accused’ and the termination of 546 workers by the company allegedly for being responsible for the violence on 18 July, cannot be a coincidence. It shows exactly how closely the police are protecting the company’s interests.
(3) This presumption of guilt governed the manner in which the police acted after the incident. The police arbitrarily arrested a large number of workers not through an investigation, but on the basis of lists provided by the management targeting the workers who were vocal, articulate and active in the union, subjected the arrested workers to brutal torture, violated the constitutional safeguards regarding detention and arrests and harassed the family members of the workers. Not only this it has been continuing to intimidate, target and attack the on going struggle of the terminated and other workers in order to silence and criminalise their legitimate protest (See Chapter Four). The scale of police action against workers seems to be aimed to act as a deterrent for any agitation in future – not only by these workers but also other workers in the Manesar and Gurgaon industrial
2
area. Most recently on 18 May 2013, the Haryana police imposed Section 144 CrPC in Kaithal and arrested around 150 workers peacefully protesting there since 24 March demanding release of arrested workers and reinstatement of terminated workers.
(4) Another example of the police colluding with the management is that it has in the course of investigating the incident completely ignored the discrepancies in the management’s account, the fact that the workers were also injured, the presence of bouncers in the premises, or the fact that Awanish Dev, was always considered by the workers to be sympathetic to them. In fact it is the workers’ who have been demanding an independent investigation into the incident, a demand which has been ignored by the state and the central government.
(5) We wish to assert that an investigation and trial based on preconceived notions and not on the basis of scientifically gathered evidence could mean that those responsible for Awanish Dev’s death will go scot free and innocents will be penalised. A close look at the charge sheet filed by the police and denial of bail to the arrested workers shows that the case is moving in this very direction. This would amount to a travesty of law and denial of justice not only to the workers, but also to Awanish Dev.
(6) The incident should be seen in the context of the long chain of events that preceded it. It can be understood in the light of the continuous tension and conflict in the unit between the management and the workers as well as their persistent struggle of workers of the Manesar unit to register a union and draw attention to their inhuman working conditions.
(7) In September 2011, the Maruti management at the Manesar unit imposed a condition that the workers could enter the plant for work only after signing a ‘good conduct’ undertaking. The ‘good conduct’ undertaking effectively takes away the right of the workers to go on a legal strike, a right guaranteed by the Industrial Disputes Act (25T, 25U read with the Fifth Schedule); this also amounts to unfair labour practice as per Section 8, Fifth Schedule, IDA. (See Chapter Three)
(8) Like all other corporates, the main driving factor in Maruti is reducing production costs, maximising profits and competing against other companies. Maruti’s expenditure on workers is among the lowest in automobile companies. Moreover the company adopts various measures to extract maximum work from itsworkers. At Maruti therefore, the production capability and targets are set considerably higher than the installed capacity, i.e., production capability of the company is 1.55 million units per annum even though installed capacity is 1.26 units per annum (Annual Report, Maruti Suzuki India Limited, 2011- 12). Workers are made to work non stop like robots for eight and a half hours, with a break of only 30 minutes for lunch and two tea breaks of 7 minutes each. For years, workers have been made to both report for duty 15 minutes before shift-time and also work for 15 minutes extra every day without any overtime payment. Further the policy on leave is very stringent and the leave record is directly linked to the wages which are deducted on account of any leave taken. This contributes to the regime of ceaseless production and drastic increase in work pressure on the Maruti shopfloors.
(9) The wage deductions on account of leave are made from the incentive-linked part of the wages of Maruti workers, under the Production-Performance-Reward Scheme. A single leave taken by a permanent worker, with permission from the supervisor, could also cost him a loss of Rs. 1200 to Rs. 1500. Both before and after the 18 July 2012 incident, a part of the wages is fixed, and a major component paid as incentive wages linked to production, profit and leave records, which makes the wages fluctuating. Norms of incentive linked
3
wages have been arbitrarily fixed and changed by the management at Maruti’s Manesar plant. (See Chapter Two and Three)
(10) Maruti management especially at Manesar have been resorting to use of temporary and contract labour as a norm, for regular work. In July 2012, according to figures tabulated by the Labour Department, less than 25% of the workers at Manesar were permanent. These workers are paid only for the days they work (i.e., 26 days a month) and considerably less than the permanent workers, for doing the same work. Not only is this a major cost cutting measure but it secures for the company a more vulnerable, disempowered and pliant work-force, less likely to be vocal and demand their rights. The company’s announced after the 18 July incident, that it will regularise its workers. This is yet to materialise. (See Chapter Two)
(11) The Maruti management has also consistently violated the workers’ rights by creating hurdles and actively preventing them from organising themselves. The policy of the Maruti management not to let the workers unionise, is a violation of the Indian Trade Union Act (1926). Since mid-2011, as the workers’ struggle intensified, the management has responded by targeting active workers through suspensions, terminations and registration of false cases against them. Once the union got registered, its members and coordinators have faced similar or worse harassment. All the union leaders and many active members were implicated in the 18 July incident leading to complete breakdown of the union and making the workers vulnerable as they have lost all avenues of negotiation with the management. A large number of active workers were subsequently terminated by the company, as mentioned, because the company arbitrarily held them responsible for the 18 July incident. After forcibly removing the union from the unit, the company is now making a farcical gesture towards dealing with workers’ issues, by setting up a joint worker-management ‘grievance committee’ and compelling the workers to be a part of it. The legally registered union (MSWU) whose members are continuing to take up workers’ issues are not being allowed to function inside the unit.
(12) The Haryana Labour Department has connived with the management in depriving the workers their right to unionise. In August 2011, it rejected the pending application of the workers for registration, citing technical grounds. Effectively, an application for registration filed on 3 June 2011, resulted in actual registration of the union on 1 March 2012, after months of fraught struggle. Moreover the Labour Department does not appear to have ever intervened in support of workers’ rights in the labour disputes at Maruti. When the management deducted Maruti Manesar workers’ wages on account of the lockout of 2011, by describing it as a strike, or when the management failed to act upon the Charter of Demands of workers in 2012, the Labour Department did not intervene. It has failed to question the management on its use of dubious and unfair labour practices, the ‘good conduct undertaking’ or the use of contract labour for regular work. (See Chapter Three)
(13) One of the notable features of the recent labour struggles at Maruti’s Manesar unit has been an unprecedented unity between permanent and contract workers. The labour union has consistently taken up issues pertaining to the contract workers. One of the main demands from the beginning of the struggle has been the regularisation of contract workers. The terminated workers who have regrouped under the MSWU include both permanent and contract workers. Contract workers are also among those who have been held guilty of the violence on 18 July and are now in jail.
What makes the Maruti story extraordinary is certainly not the company and its cars but the extraordinary struggle of its workers that has continued inspite of ruthless repression by the
4
management and the police and failure of the labour department and the judiciary at all levels to provide any justice to them. Above all, the workers have tenaciously fought for their political right to form their own union. The struggle has also concentrated on creating democratic structures within the union, and through these, finding ways of articulating their grievances regarding the highly exploitative labour regime.
PUDR demands that:
1. An independent and unbiased judicial enquiry should be initiated into the events that led to the death of Awanish Dev. The judge nominated should be someone both parties are agreeable to.
2. The police investigation into the 18 July incident carried out by police officers of Haryana should be nullified and a fresh investigation be initiated, by an SIT comprising police drawn from other states.
3. The role of hired bouncers that led to the precipitation of the events at the spot be investigated.
4. The Haryana police officials, responsible for violation of legal guidelines regarding arrest and for custodial torture of arrestees, and harassment of their family members be identified and criminally prosecuted.
5. Re-instatement of all workers should be ensured in the absence of definite evidence of their involvement.
6. Role of the labour department should be investigated and action should be taken against the officials for not fulfilling their obligations related to labour laws.
7. All the workers arrested for the 18 July incident should be immediately granted bail. The trial into the incident should be speedily done and those not guilty should be acquitted.
8. Workers’ right to have their independent union be restored at Maruti. The MSWU which is the legally recognised union of the Maruti Manesar unit should be allowed to function inside the plant with immediate effect.
9. All the contract workers both at Manesar and Gurgaon unit be immediately regularised and practice of hiring contract workers for regular work should be stopped.
10. The rights of workers guaranteed in law be enforced at Maruti with immediate effect.
D. Manjit
Asish Gupta
Secretaries, PUDR

 

Mumbai- Call HELPLINE 022-24131212 for any Mental Health Issue


100 calls a day, mental health helpline a hit

Bhavika Jain, TNN May 23, 2013,

MUMBAI: Life in fast-paced Mumbai seems to be taking a toll on its citizens. In just four days after the BMC launched its mental health helpline on May 14, as many as 352 calls were received. Currently, the 24-hour helpline is receiving between 85 and 100 calls a day.

According to the initial data, one-third of the calls to the helpline was from people above the age of 50 and they had issues like depression and irritability. The second highest number of calls was from those aged between 30 and 40 , who were facing anxiety and work-related stress.

Experts say the sheer number of calls on the helpline shows that the mental health of the people in the city is falling. People are looking for a medium to vent their thoughts and this helpline aims to do just that.

Additional municipal commissioner Manisha Mhaiskar said the response has been overwhelming. The BMC will have to eventually increase the number of lines connected to the helpline, she said. “We have appointed three counsellors to work in three shifts. We have also instructed them that in case there is a very difficult case, they should suggest to the caller that he/she should take an appointment in KEM Hospital’s psychiatry outpatient department so that he/she can be given a personal counselling session,”said Mhaiskar. She said they are not insisting that the callers give out their names and personal details.

The helpline, launched by the mayor, will be operated by KEM Hospital’s psychiatric department. To call the helpline, dial: 022-24131212.

 

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