Life took a serious
turn for 15 years old Radha (name changed), when her relatives sold her to a
brick kiln owner in Kerakat town in Jaunpur district of Uttar Pradesh on
January, 2012. Radha was sexually abused by the brick kiln owner Baju Yadav for
more than two months. Radha is a resident of Chakradharpur in Singhbhum
district, Jharkhand state of India.
I was with my family when a woman called Shanti
visited us and told me to come with her. She was from the same village so I
trusted her. She said she was going to take me to a fair. But this woman had
tricked me and forced me to go to the brick kiln factory. There I had to work
for the owner, doing his cooking and cleaning, and also massage him. Two days
after I arrived he forced himself on me. He used to give me a tablet, then he
would force himself on me. My room was next to where the owner worked and every
time he wanted me, he would come to my room. He would come two or three times a
day. I told that woman Shanti that I didn't like it, and she said that “If you
tell anyone, the owner will kill you.” One day I opposed it, and the owner beat me up
brutally. I was so scared. The brick kiln owner was in his sixties, had no
teeth, used to drink a lot, and force me to drink alcohol as well. When I refused,
he used to hit me. I'm still in pain from the rapes.
When Radha reported
her ordeal to Shanti Devi, she rebuked Radha and warned against reporting the
incident to anyone else. Shanti Devi has been working at Baju Yadav’s brick
kiln for the past seven years and also
have illicit relation with him.
Unable to bear the trauma, on 20 March, 2017 Radha somehow managed to flee from Baju’s brick kiln
and reached her relatives ‘s house Palu Devi living in the same village.
The Baiju Yadav
started to frantically search Radha in each and every possible location. He
suspected that the villagers had a role in Radha’s fleeing from his brick kiln.
The next day around 8pm, Battan Musahar was allegedly thrown out of a tractor –
trolley by Baju Yadav’s Battan was sitting atop the engine and he died on spot.
The villagers were returning home after shopping at the local market.
Battan Musahar‘s
death was reported in the local media. Following the news reporting PVCHR Founder and
CEO Dr. Lenin Raghuvanshi intervened in this matter to concerned authorities.
During the
investigation into the Musahar’s death that PVCHR came to know about Radha. She
was hiding at her relative Palu Devi’s residence. PVCHR helped Radha and Paulo Devi family to
flee from hiding place. To ensure safety
of the girl and those of her relatives, they had short shelter in PVCHR
office. The matter was intervened to various
concerned authorities as follows
|
Date
|
Letter sent to
|
|
24 March, 2012
|
National Commission for Women, New Delhi, National
Schedule Caste Commission, Chief Minister of Uttar Pradesh and Jharkhand,
SHO- Kerakat, District Magistrate Jaunpur, Superintendent of Police - Jaunpur
|
|
27 March, 2012
|
Radha got treatment in private hospital in Varanasi
|
|
27 March, 2012
|
Commissioner of Varanasi and Police Superintendent
of Varanasi
|
|
28 March, 2012
|
Radha was produced before CWC in Varanasi
CWC ordered to Chief Medical Officer, Varanasi for
the medico – legal test
On same day MLC of Radha was done in Shiv Prasad
Gupt Mahila hospital.
|
|
25 March, 2012
|
NHRC notice to Superintendent of police jaunpur notice
|
|
14 April, 2012
|
Chief Secretary – Uttar Pradesh Government – Lucknow
and Jharkhand, Superintendent of Police – Jaunpur, Director General of Police, Chief Minister- Jharkhand, District
Magistrate- Varanasi, National Commission for Protection of Child Rights,
National Schedule Caste Commission, National Human Rights Commission, Senior
Superintendent of Police, Chief
Medical Officer- Varanasi, Chief Minister of Uttar Pradesh and District
Magistrate – Jaunpur.
|
|
27
April, 2012
|
The National Commission for Protection of Child
Rights sent it investigation report.
|
|
14 April, 2012
|
Police superintendent of Jaunpur issued notice to
PVCHR
|
|
30 August, 2012
|
D.M Jaunpur issued notice to CMO, Janupur
|
|
31-8-2012
|
National Schedule Caste Commission issued notice to
Jaunpur.
|
|
16 August, 2012
|
RTI- CMO, DM, SSP, Chief Secretary- Jharkhand and
Uttar Pradesh, DM- Varanasi,
Superintendent of police, National Schedule Caste Commission, National
Commission for Protection of child rights,
DGP- Lucknow,
|
|
24 August,2012
|
From the Cabinet Secretariat and Coordination Department Principal Secretary Home Department's Public Information Officer |
|
3 October,2012
|
National Human Rights Commission
|
|
08-September-2012
|
Through RTI received report from P.S
Kerakat- Jaunpur
|
|
22 September,2012
|
Director General of Police- Uttar Pradesh and CO –
Jaunpur
|
|
31-September-2012
|
The National Commission for the schedule caste
issued notice to DM.
|
|
03-September-2012
|
Received response from National Commission for the
schedule caste on RTI.
|
|
25 September, 2012
|
Received response from superintendent of police -
Jaunpur
|
|
25-March-2012
|
Statement of Radha
|
|
3 October,2012
|
DM- Janupur and Jahrkhand,
|
|
22 October,2012
|
The National Commission for Protection of Child
Rights
|
|
14-April-2012
|
Notice from Chief Secretary – Uttar Pradesh
|
|
21-September-2012
|
Received response from National Commission for
Protection of Child Rights through RTI
|
|
09-जुलाई,2012
|
Received response from National Human Rights
Commission through RTI
|
|
17-10-2013
|
NHRC, NCW, Ministry of home affairs- Government of
India, National Schedule Caste Commission, CM-
Jharkhand and DGP- Jharkhand and state police administration
|
|
17
October, 2013
|
Statement of Saluka
|
|
3 October,2013
|
National Human Rights Commission
|
|
22 September
,2012
|
Director General of Police
|
|
22 September, 2012
|
C.O Jaunpur
|
|
16
October, 2012
|
Radha produced before the CWC for giving her
statement
|
Radha, in her interview to human
rights watch for the report Breaking the silence Child Sexual abuse in
India on says that an improperly conducted medical examination in
Varanasi after she was repeatedly raped in February and March 2012 is impeding
her legal case. They took her to the police and to a hospital, where a
doctor carried out a medico-legal “two-finger test.”
On the basis of this degrading and unscientific test,
the doctor stated that Radha had not been raped. As a result, the police
have refused to listen to her complaint and investigate the man she said had
raped her repeatedly.
Radha, with the support of PVCHR, is challenged the
doctor's findings. In September 2012 the police in her home district in
Jharkhand agreed that Radha’s testimony could form the basis of a charge
against her alleged assailant. After
intervention FIR was lodged against Shanti Jamuda (ii) Baiju Yadav in crime no.
135/2012 u/s 372/ 374/376/34 IPC and 3(3)(6) SC/ST Act against Shanti Jamuda
(ii) Baiju Yadav. The case after
investigation had been submitted to the court for trial. A case u/s 304A IPC
was registered at crime no. 136/2012 at PS Kairakat on 21.03.2012 against
Bejnath, Rajmath, Gulab and Dinesh. In which charge sheet was submitted on
09.05.2012 and the matter is sub judice in court
The IGP Varanasi had submitted report to NHRC
dated 20.02.2017. DIG Zone got the enquiry conducted through SP Jaunpur and
Additional SP Rural report had been submitted. According to the report, there
are allegations that Ms. Radha Jamuda d/o Saluda was kept bonded by brick kiln
owner Baiju Yadav. She was sexually exploitated. However these allegations were
over looked by SI Sabhajeet Singh, HC Satya Dev Srivastava and Gurdip Singh
Sarna, the then Inspector Kherakat. Km. Radha was not examined, they tried to
conceal the offence and committed breach of duty. The enquiry officer found HC
Satya Dev Srivastava, SI Sabhajeet Singh and Inspector Gurdip Singh Sarna
guilty of delriction of duty and for not registering the case under the
relevant provision of law and case under 166A IPC had been registered against
the police officers. Commission had considered the report. There are facts in
the report dated 20.02.2017 submitted by IGP Varanasi report dated 20.02.2017
that a complaint was lodged by Surender s/o Sehli r/o Triyani, PS Kairakat,
District Jaunpur, regarding the death of his son Bunti in accident of tractor
on 21.03.2012 and case no. 136.2012 u/s 304A IPC was registered against the
Bejnath, Rajmath, Gulab and Dinesh in which charge sheet was submitted. On the report of Additional SP Jaunpur, the same is under
reinvestigation u/s 173(8) Cr.P.C. Commission has considered the report of IGP
Varanasi. The complainant allegation are in respect of sexual exploitation of
Km. Radha d/o Saluka Jamuda r/o West Singhbhum District, Jharkhand by
brick kiln owner Mr. Baiju Yadav. How the case instituted on the report of
Surender against Bejnath and others is connected with the complaint in
question, needs clarification. Commission directs IGP Varanasi Zone to submit
the typed legible duly authenticated copy of FIR of crime no. 136/2012 u/s 304A
IPC instituted at PS Kairakot, Jaunpur and the chargesheet filed in that case
to this Commission urgently through special messenger in sealed cover within
two weeks.
The Hon’ble
Member in the Case No. 8542/24/39/2012 has directed on 3.11.2017 as under : -
“Case Crime No.429/17 under section 166A IPC has been registered against
Gurdeep Singh Sarna, the then SHO Kerakat, Jaunpur, SI Sabhajeet Singh and
Chief Constable Satyadev Srivastava which is under investigation and directions
have been issued to conclude the same on merits expeditiously. It is stated
that in case of the victim of rape Radha case crime No.135/12 u/s
372/374/376/34 IPC r/w Section 3(3)(6) SC/ST Act has been filed against Shanti
Jamuda w/o late Godo Jamuda and Baiju Yadav s/o Sahdev Yadav. After the
investigation, charge sheet has been filed in the court. Vide report dated 12.9.2017
it has been stated that 25% of Rs. 1,00,000/- (compensation under SC/ST(PoA)
Act) has been paid to the victim vide cheque No.581748 dated 16.8.2017. The
Commission has taken a very serious view of the matter. Despite the directions
by the Commission to pay a compensation of Rs. 1,00,000/- vide its proceedings
dated 26.12.2016 no proof of payment has been received till date. Let a
reminder be issued to the Chief Secretary, Government of UP to pay a sum of Rs.
1,00,000/- on account of compensation to the victim Radha and submit the proof
of payment within four weeks. The Chief Secretary, UP be also asked to submit
as to i) why the compensation as provided under rule 11 & 12 of the SC/ST
(POA) Act amounting to Rs. 1,80,000/- (50% of the amount to be paid at the time
of medical examination) has not been paid. ii) why compensation under rule 21
of the SC/ST (POA) Act (full cost of education and maintenance of the child,
provision of utensils, rice, etc. for three months) has not been paid to the
victim. He is also directed to send The progress of Enquiry dated 15.11.2013
against the erring official, pending before the administration and status of
investigation of Case Crime No.429/17 within four weeks.” The Commission
perused the record and observed that in Case No. 8542/24/39/2012 monetary
compensation has already been recommended by the Commission. Therefore, there
is no justification for continuing with this case i.e. Case No.
1405/34/18/2013-WC. Therefore, the case No. 1405/34/18/2013-WC is closed.
Dr. Lenin says, It is a clear case of failure of criminal
justice system and mechanism for elimination of trafficking and rape. Hegemonic
masculinity based on patriarchy and caste system is haunting society and
contributing for negative conflict, impunity and injustice.
