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The National Human Rights Commission, NHRC, India has taken suo motu cognizance of media reports that a 12-year-old Dalit girl in Nuh was allegedly abducted, taken to an under-construction house of a “cop” and gang-raped for two days. The news reports also reveal that the grandmother of the victim had approached the police authorities on 09-07-2019 but no help was provided to her by the police eventually filed a case under the POCSO Act yesterday on 11-07-2019 and nabbed three persons, who reportedly confessed to the crime. Reportedly, the victim lives with her grandmother as her parents are no more. She was away when one of the culprits approached her and took her out.

The Commission has issued a notice to the Director General of Police, Haryana calling for a detailed report in the matter within four weeks. The report should also communicate about the status of the investigation being conducted in the matter and the relief and rehabilitation and counseling provided to the victim girl as the case has been registered under provisions of the POCSO Act and the girl also belongs to Scheduled Caste.

The Commission has observed that the contents of the news report, if true, raise a serious issue of violation of human rights of the poor girl. It is more disheartening, as reported, that for two days when the girl was being assaulted and her grandmother was seeking help from the police authorities, no action was taken on her request. Had the timely action been taken by the police personnel, perhaps, the girl could have been saved from the clutches of the perpetrators in time. As alleged, such an inhuman approach shown by the police personnel is highly condemnable. Apparently, public servants have failed to do their lawful duty.

According to the media reports, the victim was known to one of the accused, who is at large. He took the unsuspecting girl for a drive and called up his accomplices. They took her to an under-construction house belonging to an SPO, so that nobody could venture inside the house. One of the accused has confessed that the victim girl was threatened of killing if she dared to tell anybody, about the incident.


NHRC

[Press Release dt. 12-07-2019]

Hot Off The PressNews

The National Human Rights Commission, NHRC has taken suo motu cognizance of a media report that a widow in her late 20s was allegedly sold by her father and aunt for Rs 10,000/-, gang-raped by her keeper his friends and then turned away by the police when she approached them for help. It also reveals that the traumatized woman set herself on fire last month and is not battling for life with 80 percent burns at a private hospital in Delhi.

The Commission has issued notices to the Chief Secretary, and Director General of Police, Government of Uttar Pradesh, calling for a detailed report of the treatment of the victim lady, ensuring protection to her life and steps to be taken for her rehabilitation. The DGP has been further directed to inform the Commission in detail about the progress of the investigation and arrest, if any, be made to the perpetrators. It has called for both the reports within four weeks.

Issuing the notices, the Commission has observed that the contents of the news report, if true, amount to gross violation of human rights of the victim woman. These give an extremely shocking and pulsating narrative depicting vulnerability of the helpless woman, who became a widow at an early age, whereby she had been subjected to huge kind of deprivation of human life and dignity. Moreover, remissness and the act of negligence on the part of police authorities for not registering the case timely by arresting the accused person has aggravated the distressful plight of the lady, which cannot be tolerated in a civilized society governed by rule of law.

The Commission has observed that it has always been keen to address the issues relating to violation of human rights of the weaker section mainly women and children. It is conscious of the fact that the Delhi Commission for Women has issued Notice to the Government of Uttar Pradesh but jurisdiction of said Commission fails to empower them to provide adequate justice to the victim, the lady in question. Any Commission other than National Commission has its jurisdiction within the territory of the State and Delhi Commission for Women is also not an exception. On the other hand, the National Human Rights Commission in view of Section 1 (2) of the PHR Act, 1993, can exercise its power and functions whole of India and therefore jurisdictional issue of Section 36 (1) of the said Act, will not stand in the way to take up the reported incident.

According to the media report, carried today on the 13th May, 2019, the woman from Hapur in West Uttar Pradesh, was allegedly sold after the death of her husband. The man who bought her had taken loans from several people and sent the woman as domestic help to the houses of his creditors where she was repeatedly harassed and raped. The news report also stated that an FIR had now been registered against the 14 persons under the various sections of rape and investigation initiated in the case. The news report also reveals that the Delhi Commission for Women has taken up her case and written to the Utter Pradesh Chief Minister seeking justice for the woman.

It is reported that the woman alleged that she approached the police officials as well as Superintendent of Police, Hapur but they refused to register her complaint, let alone take any action against the accused.


[Press Release dt. 13-05-2019]

NHRC

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Supreme Court: A 3-judge bench of Ranjan Gogoi, CJ and Deepak Gupta and Sanjiv Khanna, JJ directed the Gujarat government to give Rs 50 lakh compensation, a job and accommodation to Bilkis Bano who was gang raped during the 2002 riots in the State.

The bench was informed by the Gujarat government that action has been taken against the erring police officials in the case and that pension benefits of the erring officials have been stopped and the IPS officer who was convicted by the Bombay High Court in the case has been demoted by two ranks.

Bano had earlier refused to accept the offer of Rs 5 lakh and had sought exemplary compensation from the state government in a plea before the top court.

The Court had earlier asked the Gujarat government to take disciplinary action in two weeks against the erring police officials, including an IPS officer, convicted by the Bombay High Court in the case.

A special court had on 21 January, 2008 convicted and sentenced to life imprisonment 11 men for raping Bano and murdering seven of her family members in the aftermath of the Godhra riots, while acquitting seven persons including the policemen and doctors.

(Source: PTI)

Case BriefsHigh Courts

Delhi High Court: The Division Bench comprising of ACJ Gita Mittal and C. Hari Shankar, J., while addressing the petitions concerning the constitution of a committee regarding preventive measures to control incidents of rape, stated that “Steps for reformation of convicts in cases involving sexual violence is the real need of society.

The petition included two significant points, first being in public interest assailing Section 6 of the Criminal Law (Amendment) Ordinance, 2018 prescribing death penalty as punishment for gang rape of girls under the age of 12 years. The second pointer dealt with the constitution of a committee that would come out with preventive measures to control the incidents of rape.

Further, the Court stated that there cannot be any objection to the constitution of a committee to consider the issues relating to sexual violence and the aspect of steps for reformation of convicts in cases involving sexual violence is the need of the society. Amicus Curiae Dr Aparna Chandra, Assistant Professor, NLU Delhi suggested the members to be appointed in the committee and the High Court duly considered the suggestion of the amicus curiae by directing the same to be constituted. [Social Action Forum for Manav Adhikar v. Union of India,2018 SCC OnLine Del 10338, Order dated 31-07-2018]

 

Case BriefsHigh Courts

Madhya Pradesh High Court: While dismissing the appeals filed in regard to the commitment of heinous crime of gang rape and murder, the Division Bench of S.K Seth and Nandita Dubey JJ., pronounced death sentence to the convicts.

Once again the social fabric of the society was severely affected when the heinous offence of rape of an 11-year-old child and subsequently killing her took place in the most gruesome manner as it could have been possible.

According to the findings and observation of the trial court, it had after meticulous consideration of the records that were collected and the chain of events that occurred established that the accused committed the heinous crime of gang rape and murder of the deceased. Therefore, the trial court had found the accused guilty for offence punishable under Sections 376 A and 302-A IPC.

However, the High Court, while stating that when a case rests on circumstantial evidence, the Court has to be satisfied that the circumstances from which an inference of the guilt is sought to be drawn, must be cogently and firmly established and trial court had in the present case successfully established the chain of events and convicted the accused Bhagwani and Satish. Though unfortunately, the trial court failed to charge the accused for the offence under Section 377 IPC as clear evidence of carnal intercourse was attained in the post-mortem report. Therefore, the appeal was dismissed by confirming the death sentence awarded by the trial court to each of the accused. [In Reference (Received from District & Sessions Judge, Dindori (MP) v. Bhagwani,  2018 SCC OnLine MP 338,  dated 09-05-2018]