Important Cases



:
1. Abuse of legal system in trafficking of girls;
Commission calls for report from Delhi Police Commissioner
The Commission has taken suo-motu cognizance of a complaint filed by the NGO, International Law Affiliates on the plight of poor girls in Nepal and India being trafficked and forced into prostitution in various red light areas. The complainant, while requesting the Commission to consider taking action, had forwarded a copy of his petition addressed to the Chief Justice of India dated 27 December 2004 as well as a news article captioned "The Girl Breakers of Delhi" published in a national daily on 19 December 2004.
The news article is a gory narration of trafficking and exploitation of girls belonging to lower strata of the community. It makes a reference to the collusion between the pimps, brothel owners and police officials to force poor gullible girls into the prostitution racket. As an example the news article highlighted one of the modus operandi as :-

"The farce follows set stages: a trumped-up case is registered against these minor girls falsely alleging that they were trying to solicit clients in a public place. The minor girls are then arrested and kept in lock-up while the police prepare a challan wherein the minor girls age is entered as 21. This entry is apparently sufficient to transform overnight the minor girl into an adult for all subsequent court proceedings. After this, these minor girls are produced before a magistrate and released on bail."

The Commission observed that the contents of the article, if true, portray a dismal picture of exploitation and trafficking of girls by the abuse of legal system in connivance with the authorities who are supposed to provide protection against such exploitation. The article points towards an organized racket in trafficking of girls and raises a serious human rights issue, which needs to be addressed with all seriousness.
It has directed that a copy of the petition along with a copy of the news article referred to above be forwarded to the Commissioner of Police, Delhi with a request to inquire into the matter and submit his report within four weeks.

2. Rape of a visually impaired girl at Nadia;
Commission asks for comments from the West Bengal Government
Taking suo-motu cognizance of a news item captioned "Disabled Girl raped at home" which appeared in a national daily dated 17 December 2004, the Commission has asked the Director General of Police, Kolkata, West Bengal to look into the allegation contained in the news story and submit his comments within two weeks.
The newspaper had published a news story on 17 December 2004 wherein it was reported that a 19-year-old visually impaired girl had been allegedly raped at her home by two miscreants in Dhorandaha village, Karimpur, Nadia, West Bengal in the absence of her parents. The report further stated that both the miscreants allegedly have political clout and a reputation in the locality as musclemen. It also stated that the miscreants have threatened the victim not to report the incident to the police. The mother of the victim was initially scared to file a complaint but at the instance of village elders she lodged an FIR, it said. Earlier the duo had allegedly raped women but no complaint was lodged against them.

3. Commission asks comments from Karnataka Government
on the death of a boy in Observation Home
Taking suo-motu cognizance of a news item captioned "Observation Home under scanner/Boy found dead in Observation Home" which appeared in a national daily dated 14 December 2004, the Commission has asked the Chief Secretary, Government of Karnataka, to look into the allegations contained in it and submit his comments within two weeks.
The newspaper had reported that 14-year-old Santosh, an inmate of Observation Home, Madivala, Bangalore, Karnataka, was found hanging by a rope from the ceiling of the toilet on 13 December 2004. According to the report, the deceased was put in the Observation Home on charges of theft and committed suicide. It also stated that 35 boys lodged in the Observation Home were reportedly shocked and no longer wanted to stay in the premises. The report further disclosed that Ms. Brinda Adiga of Makkala Sahaya Vani, the children's help line charged the staff in the Observation Home as being not skilled enough to handle juveniles. No intimation about the death in the Observation Home has so far been received in the Commission from the authorities concerned.
The Commission observed that if the contents of the report are true, the issue raised in it causes serious concern about the protection of human rights of juveniles lodged in the Observation Homes in Karnataka.