ISSUES: Corruption;
impunity; threat, right to live with dignity, Right to life with dignity, forced
starvation, Malnutrition, Right to Education, Masculinity, Bonded labour, child
labour,trafficking ……………………………………………………………………………………………………………………
16th January,
2015
Dear Friends,
Name of survivors:
- Momina, a minor girl, age 12 years daughter of Mohammad Yusuf
- Mohammad Yusuf (father)
- Shabina (mother)
Address
of survivors: residing near government water tank in Kotwan police out post
area within the Lohta Police station, district Varanasi, India
Name
of Perpetrator:
- Naushad, son of Hazi Yunus
- Mahi Noor wife of Naushad
Address
of Perpetrator: Ashfaq Nagar, Kamkaksha police station, Bhelupur, district
Varanasi
Details of case:
PVCHR wishes to draw you kind attention to the
sensitive case of Momina, a minor girl, age 12 years daughter of Mohammad Yusuf
residing near government water tank in Kotwan police post area within the Lohta
Police station, district Varanasi. Ms. Momina has been forcibly confined to
work as a bonded labourer in most brutal manner without food and water and
physically and mentally tortured for four months.
The victim Momina,
aged 12 years, daughter of Mohammad Yusuf, a resident of Kotwan police post
area under Lohata Police station was employed by Naushad, son of Hazi Yunus,
Ashfaq Nagar, Kamkaksha, police station- Bhelupur, district Varanasi on the
pretext of providing better schooling and doing their house hold work nearly
four years back. According the statements given by the victim and her parents,
Naushad and his wife Mahi Noor are working as teachers in a government schools
in Naanpara in Bahraich district who are known as a family with uncivilized and
barbaric behaviours.
Before taking her the
couple had promised to the 12 year old Momina’s parents (mother Shabina Bano
and Father Mohammad Yusuf) that they would provide best education to her and
Momina will look after their house and they will also arrange her marriage
after she grows old. After Momina reached their house, the minor girl was
forced to do house hold work as a bonded labourer by the cruel family. The
minor victim was never sent to school to study, she was also deprived of daily
food to grow normally. According to the video statement of the victim, she was
usually served only one piece of bread (Roti) and drinking water in the night.
In return she was made to clean the whole house, wash house hold utensils and
look after 3 year old child.
Crossing all the
limits of brutality the family used to burn the whole body of the little
innocent girl with a burning candle and burning cloths. When the victim used to
cry and weep with pain, piece of cloth was forcibly stuffed in her mouth.
According to the victim, Naushad had bad intentions for her. When the victim
used to go to the toilet, Naushad used to try to enter forcibly by switching
off the light. On many occasions he made attempts to sexually abuse her.
Whenever the minor victim called her parents on phone, the couple were always
present around her with a baton and continued to threaten and intimidate her so
that the victim does not dare to reveal about their cruel treatment.
The minor victim was
forced to work as a bonded labour and tortured continuously for nearly 4 years generally
but 4 months in particular. After undergoing the brutality for 4 long months
when the victim’s condition became serious, she was not even provided medical
treatment by the couple. With lot of difficulties the parents of the minor girl
were informed. Somehow, on getting the information about their daughter, the
parents after getting the address from his Ashfaq Nagar residence reached at
Naushad’s current house at Naanpara and brought their daughter back who was on
the verge of death.
When the minor girl
came back home, the incident began to be raised publicly as her condition was
found to be serious. Meanwhile some rich local sari merchants with mala fide
intentions began trying to cover up the matter by giving Rs. 50,000 to the
parents. After the meeting of community leaders on 7th January, 2015, the
accused are trying to intimidate the parents of the victim not to pursue the
matter. In the said incident the minor girl was tortured physically and
mentally. It is therefore most essential to hold an impartial investigation in
the case and it would be in the best interest of the protection of values of
human rights.
It is noted that girl
admitted in Pandit Deen Dayal Upadhayay Government Hospital on 8th
January 2015 and she is under treatment until today.PVCHR with help of Dignity:
Danish Institute against torture, Ms. Parul Sharma (Sweden) and 200 Swedish donors
is supporting nutritional therapy, psychological and a part of medical treatment.
Administrative magistrate recorded her statement and case as First information report
registered crime no. 8/15 under section 323, 326 and 352 IPC but there is no
action under Bonded Labour Abolition act, 1976, Child Labour Prohibition Act
and POCSO Act, after intervention of print and electronic media.
Therefore it is an
urgent request immediate step to put an end to practice of contemporary form of
slavery and take appropriate action as mentioned in the judgement given by honourable
Supreme Court Neeraja Chaudhary vs. Government of Madhya Pradesh
(http://indiankanoon.org/doc/1012224/) and Bandhuwa Mukti Morcha vs. Government
of India (http://indiankanoon.org/doc/572040/). Initiate the case against employers
under the Bonded Labour Act, 1976. Government of Uttar Pradesh should be
initiate state plan for eradication of bonded labour practice and trafficking from UP.
Testimony in Hindi:https://www.youtube.com/watch?v=qSaLSXBQJeo
Testimony in Hindi:https://www.youtube.com/watch?v=qSaLSXBQJeo
More Information:
Section
352 in the Indian Penal Code (IPC):
Punishment for
assault or criminal force otherwise than on grave provocation.—Whoever assaults
or uses criminal force to any person otherwise than on grave and sudden
provocation given by that person, shall be punished with imprisonment of either
description for a term which may extend to three months, or with fine which may
extend to five hundred rupees, or with both. Explanation.—Grave and sudden provocation
will not mitigate the punishment for an offence under this section. If the
provocation is sought or voluntarily provoked by the offender as an excuse for
the offence, or if the provocation is given by anything done in obedience to
the law, or by a public servant, in the lawful exercise of the powers of such
public servant, or if the provocation is given by anything done in the lawful
exercise of the right of private defence. Whether the provocation was grave
and sudden enough to mitigate the offence is a question of fact.
Section
323 of IPC:
Whoever,
except in the case provided for by section 334, voluntarily causes hurt shall
be punished with imprisonment of either description for a term which may extend
to one year, or with fine which may extend to one thousand rupees, or with
both.
Section
326 in the Indian Penal Code:
Voluntarily causing
grievous hurt by dangerous weapons or means—Whoever, except in the case
provided for by section 335, voluntarily causes grievous hurt by means of any instrument
for shooting, stabbing or cutting, or any instrument which, used as a weapon of
offence, is likely to cause death, or by means of fire or any heated substance,
or by means of any poison or any corrosive substance, or by means of any
explosive substance, or by means of any substance which it is deleterious to
the human body to inhale, to swallow, or to receive into the blood, or by
means of any animal, shall be punished with 1[imprisonment for life], or with
imprisonment of either description for a term which may extend to ten years,
and shall also be liable to fine.
……………………………..
Please send letter
to:
Mr.
Akhilesh Singh Yadav,
Chief
Minister
Chief
Minister's Secretariat
Lucknow
Uttar
Pradesh - INDIA
Fax:
+ 91 522 223 0002 / 223 9234 E-mail: csup@up.nic.in
The
Prime Minister
Prime
minister of India,
Prime
minister office,
New
Delhi - 110101 - INDIA
Fax
no. - +91 11 - 23016857, 23019545.
E-mail:
pmosb@pmo.nic.in
Chairperson,
National Human Rights Commission
Faridkot
House, Copernicus Marg
New
Delhi 110001 INDIA
Fax
+ 91 11 2338 486
E-mail:
chairnhrc@nic.in
The
Registrar
Supreme
court of India,
Tilak
Marg, New Delhi - 110001 - INDIA.
Fax
No. - + 91 11 23381508, 23381584.
E-mail:-
supremecourt@nic.in
District
Magistrate,
Varanasi
- Uttar Pradesh - 221002.
India.
Email: dmvar@nic.in
Senior
Superintendents of Police
Varanasi,
Uttar Pradesh-221002
India.
Email:
sspvns@up.nic.in
Director
General of Police
1-B.N.,
Lahari Marg / Tilak Marg,
Lucknow
- 226001 - Uttar Pradesh - INDIA
Fax
No. - +91 522 2206120, 2206174
E-mail
- police@up.nic.in
Urgent Appeal Desk
(pvchr.india@gmail.com)
Peoples' Vigilance
Committee on Human Rights (PVCHR)
