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