From: Kirity Roy <firstname.lastname@example.org>
Date: Tue, Nov 1, 2011 at 4:20 PM
Subject: minor victim girl belongs to Scheduled Caste community immorally trafficked - police playing hoax
To: "Member NHRC Mr. Satyabrata Pal" <email@example.com>
Cc: Chief Minister West Bengal <firstname.lastname@example.org>, Chief Secretary Gov of WB <email@example.com>, Secretary Home Dept Gov of WB <firstname.lastname@example.org>, jrlawnhrc <email@example.com>, firstname.lastname@example.org
1st November 2011
Mr. Satyabrata Pal, IFS
New Delhi - 1
We have conducted fact finding on the incident happened in West Bengal – Bangladesh bordering area, where a minor victim girl aged about 13 years belongs to Scheduled Caste community was immorally trafficked as alleged by her family members. The police started one criminal case under sections 363/365/366 of Indian Penal Code against the accused persons but no specific charge under the relevant provisions of the Immoral Trafficking (Prevention) Act was brought against the accused persons till date by the police. The police did not rescue the victim girl till date and demanding money from the victim's family on the excuse of rescuing her. The police are extremely reluctant to take any lawful action in this case even having information on the whereabouts of the accused persons and the family members of the victim time and again harassed and humiliated for knocking the door of police. Our attached fact finding report gives details of the incident.
Hence, we seek your urgent intervention in this matter in the following manner:-
- An impartial and independent investigation is to be initiated against the perpetrator police officials of Swarupnagar Police Station for their alleged impure role and stern judicial action is to be taken against them.
- The accused persons should be prosecuted not only under the provisions of Indian Penal Code but also under the Immoral Trafficking(Prevention) Act in this case and a special police officer must be directed under section 13 of the ITPA to conduct the investigation
- The concerned police personnel of Swarupnagar Police Station must be directed to rescue the victim girl immediately and arrest the traffickers.
- Any other suitable action as the Commission may deem fit and proper.
National Convenor, PACTI
Particulars of the victim: - Amrita Sur (name changed), aged about-13 years, from Schedule Caste community, having residence at village-Gokulpur, Police Station-Swarupnagar, District-North 24 Parganas, West Bengal, India.
It is revealed during our fact finding that the victim who is still a minor girl was reportedly abducted by two persons (one male and one female) on 5.1.2011. The victim's father lodged information in this matter at local Swarupnagar Police Station and the police only issued one GDE no. 337 dated 7.1.2011. Then the family of the victim searched for her at many places, but in vain. On 4.6.2011 the father of the victim girl came to know from one Mr. Mithun (mobile no. 9126932331) that his daughter had been trafficked and the trafficker alongwith the victim girl can be found in the house of one Mr. Gurucharan Bachar from village-Harishpur, District-North 24 Parganas. The victim's father immediately proceeded to the house of the said Mr. Gurucharan Bachar and upon reaching there he found one man named Mr. Mosayab Hasmi. The victim's father noticed his voter identity card and found the particulars about him as "Mosayeb Hasmi, age-28, son of Mr. Rojid Hasmi, address- H no. 03/128, Mahalla Rampur Karkhana, village+ P.S. - Rampur Karkhana, District-Deoria, Pin-274001, Uttar Pradesh". The said Mosayeb Hasmi told to the victim's father that he did not take away the victim girl, but his elder brother Mr. Eklakh Hasmi took away her and she was kept in the his 'dance group'. He also gave his own mobile number (being no. 09453011794) to the villagers. Immediately from there the brother of the victim girl, Mr. Haran contacted on the mobile number of Mr. Mosayab Hasmi from his mobile number 8016689293 and he upon receiving the call let the victim girl to talk on the phone. The victim girl informed that the traffickers put her name as 'Guria' and also they also threatened to kill her if any of her family members dared to irritate them by calling on telephone.
In these circumstances, victim's father several times went to Swarupnagar Police Station with a written complaint containing all the aforesaid information against the alleged traffickers but he was harassed and humiliated by the police personnel for about four months by refusing to accept the written complaint. On 28 September 2011 our District Human Rights Monitor (DHRM) accompanied with the father went to Swarupnagar Police Station to lodge written complaint. In absence of Officer-in-Charge and the Second Officer, one Mr. Biswajit, police officer attached with that PS was busy in a private meeting with some people. In the chair of Duty Officer, one Mr. Manoranjan Babu was sitting, wearing only one "Gamchha" (local towel). Mr. Manoranjan was fully drunk at that time and was supposed to go bath room. He took the picture of victim girl and was using slangs. When our DHRM protested, some policemen entered there and took him inside by grappling.
Finally after several efforts the written complaint of the victim's father was treated as FIR vide Swarupnagar Police Station Case no. 258/2011 dated 29.9.2011 under sections 363/365/366 of IPC. Mr. Kartik Ch. Mondal being Sub-Inspector of Police of Swarupnagar Police Station and also the Investigating Officer of the said criminal case often called the victim's father at police station and abused him mentally even expressing his personal opinion to the victim's father that there would be no gain of rescuing the girl as her character has already been ruined. The said police officer also demanded money from the victim's father on excuse of rescuing the victim girl from Uttar Pradesh. The victim's father met with Mr. Ananda Chatterjee, the Officer-in-Charge, of the police station and told him the unruly behaviour of the Investigating Officer and about his reluctance to rescue the victim girl, but the Officer-in-Charge did not pay heed. As a result of in apathy of the police personnel of Swarupnagar Police Station from the Officer-in-Charge to the Investigating Officer of the case, the accused persons are still roaming freely and the victim girl is yet to be rescued and her helpless father already down in pain apprehending danger to his beloved daughter.
Banglar Manabadhikar Suraksha Mancha
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
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