annual report print final.qxd - Asian Centre for Human Rights

INDIA HUMAN RIGHTS REPORT 2005 Bihar
Najma Khatoon, a murder convict,
delivered a baby boy after being raped by
a police constable who was on deputation
to guard her at the Sasaram Sadar hospital.
She was admitted to the hospital due to illhealth
between 29 September 2002 to 22
October 2002. She was lodged in a
separate room in the women’s ward of the
hospital where the constable on guard
raped her. She petitioned Sasaram jail
authorities for help but no action was taken
even to identify the accused police
constable. The police reportedly took a
Havildar into custody; but he was
allegedly released following protest by the
policemen’s association. Later, the police
even denied having arrested anybody. The
incident was raised in the State Assembly
in March 2003 and August 2003. The case
was transferred to the Criminal
Investigation Department (CID) for a
probe but the CID failed to make any
arrest.
The most pitiable condition is the
status of about 55 prisoners lodged in jails
at Bhagalpur, Gaya and Muzaffarpur who
have been awarded death sentence but
there has been inordinate delay in the
execution. 58
VI. Juvenile justice
On 6 February 2004, the Patna High
Court reportedly sought a meeting with
Bihar Chief Minister Rabri Devi to
discuss measures for “the strict
implementation” of the Juvenile Justice
Act and observed that the State
Government was not “properly
cooperating” in the matter. 59
On 25 November 2004, National
Human Rights Commission took a suomotu
action on the basis of a news report
published in The Asian Age on 23
November 2003 captioned “Child
criminal?” The news report showed the
photograph of 12-year-old Govinda in
handcuffs and tied with a big rope by
police personnel of Sri Krishna Puri
police station of capital Patna. The
Director General of Police, Bihar was
directed to report within two weeks,
amongst others, about the circumstances
that led to the handcuffing of the child in
violations of the Supreme Court
guidelines and whether the child was
produced before the Juvenile Justice
Board. The 12-year-old Govinda was
reportedly arrested for allegedly calling
up houses in the area, abusing the owners
and demanding ransom money in the
style of the notorious Bindu Singh who is
currently lodged in Bhagalpur jail on
charges of extortion. 60
VII. Defenders at risks
Social activists Sarita Kumari and
Mahesh Kant of Institute of Research and
Action, who reportedly turned Shabdo
village into a model village, were gunned
down near Pathlauria Ahar under Fathepur
police station, Gaya by unidentified
gunmen on the night of 24 January 2004.
The assailants intercepted the victims’
vehicle and shot them at point blank range
when they were returning to their Fathepur
office. 61 Both Sarita Kumari and Mahesh
43