From: Kirity Roy <kirityroy@gmail.com>
Date: Thu, Oct 20, 2011 at 12:29 PM
Subject: trafficking of a minor girl, threat, police inaction
To: West Bengal Women Commission <wbcw@vsnl.net>, wbcw.org@gmail.com
Cc: Chief Minister West Bengal <cm@wb.gov.in>, Chief Secretary Gov of WB <chiefsec@wb.gov.in>, Secretary Home Dept Gov of WB <sechome@wb.gov.in>, dm-bar@wb.nic.in
Chairperson
West Bengal Commission for Women
Jalsampad Bhaban
10th Floor, Block - DF
Salt Lake City
Kolkata – 91
Respected Madam,
We have conducted fact finding on the incident where the victim girl was immorally trafficked as alleged by her family members. The police started one criminal case under sections 363/366/34 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. Though the police rescued the victim girl after visiting the Superintendant of Police several times, but processing the investigation of the case is now at a snail's pace. The police till date managed to arrest only one accused person and the rest of the accused persons are freely roaming in the area. The accused persons started giving threats time and again to the victim and her family members to resists them from pursuing with the complaint against the accused persons. The victim is a student but she can not attend school due to threats from the accused persons. The family of the victim several times knocked the door of the police and its higher authorities seeking adequate protection but all their efforts went in vain.
This is yet another case of harassment, dereliction of duty and torture by the perpetrator police officials of Baduria Police station and also another example which shows that the police official has no intention to deal with the cases of abduction and immoral trafficking diligently, effectively and provide protection to the victim of immoral trafficking. 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 Baduria Police Station for their alleged impure role and stern judicial action is to be taken against them.
- The authorities concerned must be directed to provide adequate protection to the victim and her family members who ital witnesses against the accused persons and necessary confidence has to be created in their minds that they would be protected from the wrath of the accused in any eventuality.
- We demand before the Government of India through the Commission that a comprehensive system of witness protection must be put into place.
- 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
- Appropriate rehabilitation and compensation is to be provided to the victim.
Thanking you,
Yours truly,
(Kirity Roy)
Secretary, MASUM
&
National Convenor, PACTI
Particulars of the victim: - Nandini Halder(name changed), aged about-13 years, by faith-Hindu, having residence at village-Buruj, police Station-Baduria, District-North 24 Parganas, West Bengal, India.
Case Details:-
It is revealed during the fact finding that the victim girl residing near India – Bangladesh border area, was immorally trafficked on 9.10.2010. The family of the victim girl went to local Baduria Police Station to lodge complaint against the persons namely Mr. Animesh Mondal, Mr. Bikash Mondal, Mr. Haran Mondal, Ms. Jhumpa Mondal from village-Buruj who were allegedly involved in immorally trafficking of the victim girl. The police initially refused to take any complaint against the accused persons. But after several efforts from the side of the victim's family the police started one First Information Report (FIR) being Baduria Police Station Case no. 275/2010 dated 12.10.2010 under sections 363/366/34 of Indian Penal Code against the aforesaid accused persons. The police rescued the victim girl and her statement was recorded before the magistrate. The police until now only arrested one of the accused persons namely Mr. Haran Mondal on 8.11.2010. The rest of the accused persons can still be found residing in their house and they visited the house of the victim issuing threats of dire consequences if the complaint was not withdrawn against them. The victim's family informed the matter to the Sub-divisional Police Officer in the month of April, 2011 and also before the Superintendent of Police, North 24 Parganas on 28.7.2011. But no positive step was taken against the accused persons till date and the victim's family is still under threats from the accused persons. The local Baduria Police Station refused to formally record the incidents of threats by the accused persons upon the victim and her family members. The police only told them to come at the police station if anything wrong happened. The victim's family has been living under insecurity and the victim girl is still afraid to attend school.
--
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Tele-Fax - +91-33-26220843
Phone- +91-33-26220844 / 0845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in
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