10 January 2013
To
The Hon’ble Chairman
NHRC
Faridkot House
Copernicus Marg
New Delhi – 1
Ref. Our earlier complaint dated on 23rd July and 31st July 2012
Respected Sir
I want to draw your attention on the impecunious living of few aged women at the Char area of Raninagar Block- II. Though, on 16th of August, the Block Development Officer of Raninagar Block-II, called Ms. Agni Oraon; wife of Late Ludhu Oraon; aged about 72 Years, Ms. Kamala Bewa; wife of Late Panjatan Sekh; aged about 75 years and Ms. Minoti Mondal; wife of Late Jiten Mondal; aged about 76 years, all residents of village- Char Sahebnagar, Post- Borderpara, Block- Raningar- II of Domkal Sub Division to his office, where he made assurance that all of them will be distributed with constructed house in 3 decimals of land and they will be enlisted in BPL listing and as beneficiaries under Annapurna Yojna and provided with food grains. We understood that BDO Raninagar ll acted upon your Memo No. 1198/EN/JM dated 21 August 2012. But till date no positive measures have been taken for the same.
In this connection we made it clear in our previous communiqué that there are score of other such persons living in penury at the said area; who lost their livelihood in perennial river erosion.
In this connection we referred names of Ms. Malati Oraon, belong to Schedule Tribe community, aged about 43 years, w/o Mr. Sentu Oraon, estranged by her husband and forced to live in destitution while not getting any prescribed state deliverances. She is living with her daughter Smt Bisakha Oraon, aged about 11 years and mentally deranged brother Sri Biresh Sardar s/o Kantamoni Sardar aged about 62yrs. She lives at Village- Char Sahebnagar, P.O. Border Para, Police Station – Raninagar, Dist: Murshidabad, Pin Code – 742308 and Ms. Sarathi Mondal belong to Schedule Caste community, aged about 43 years, wife of Late Haripada Mondal and living at village- Char Sahebnagar, Post Office- Border Para, Police Station- Raninagar, and District- Murshidabad. We have made appeals for extensions of benefits of these persons under governmental deliverances before your good office on 23rdJuly and 31st July 2012, respectively.
Ms. Malati Oraon erstwhile living at Nirmal Char of Char Borderpara locality under Malibari Gram Panchayet became homeless with nearly 1000 of her neighbors after the devastating erosion caused by the river Padma and they had to shift from the said place without any of their belongings. They started living at Char Sahebnagar after erecting nearly 100 small thatched huts on a road and living there for nearly 12 years. The road, on which they have built their huts, is not a main thoroughfare of the village rather a less used road by the villagers for transporting their agricultural inputs. The land detail of the said road is Mouja: Bansh Gara, J.L No. 87, Daag – 1761/1630. Ms. Malati Oraon was in a precarious condition because her husband Sri Sentu Oraon had left her with their minor girl child namely Bisakha Oraon of 11yrs to fend. The destitution increased as she has to maintain her mentally retarded elderly brother. Malati is in brink of starvation with her two dependent because the apathetic attitude from panchayet as well as block level civil governance and absence of mandatory provisions for destitute.
Ms. Malati Oraon and her neighbors of the village Char Sahebnagar were tortured inhumanly almost regularly by a group under the lead of two persons namely Jhalu Mondal and Ravi Mondal of the same village. According to Malati this group was acting under the bad influence and instruction of Head of Gram Panchayet of Malibari – 1 and Head of Gram Panchayet of Kalitala – 1. Jhalu Mondal and others were creating trouble to Malati & her neighbors with an ulterior motive to vacate them from their dwellings and use the place for their benefits. The schedule tribe families of this area are in a very pathetic condition due to negligent attitude of duty bearers.
On 05.04.12 around 4pm at afternoon when 62 yrs old Biresh Sardar, a mentally retarded person was returning home with his cow then on his way back Jhalu Mondal and Ravi Mondal with some other people attacked him with bamboo stick and rod and started beating him. Malati came to save her brother from the battering and she was also brutally beaten by these miscreants. Malati and her bother were severely injured and they were profusely bled they did not have even on their sense. When the neighbours found them in the poor condition they rescued them and brought them to Godhapara Primary Health Centre for medical treatment. The treatment was done in the hospital and on 06.04.12 Malati Oraon lodged a complaint to the Officer- In- Charge of Raninagar Police Station, Murshidabad stating all the facts of 05.04.12 and prayed for proper investigation of this heinous act of Jhalu Mondal and others.
But it is very unfortunate that the Police force did not take the complaint seriously and not duly registered her complaint. On 01.05.12 on and around 12pm at Noon when Malati and her family were not present in their hut, in that opportune moment the perpetrator Jhalu Mondal and others entered to her hut and they stole medical prescriptions and reports and some of their belongings from her hut. This incident was also reported in writing by the victim Malati Oraon to the Officer- In- Charge of Raninagar Police Station, Murshidabad on 02.05.11. But the police did not take any action against the perpetrators Jhalu Mondal and others. Then on 11.06.12 Malati Oraon found no other way made a complaint stating all the facts of the incidents on 05.04.12 and 01.05.12 to the District Magistrate of Murshidabad.
The Raninagar Police Station has not registered a First Information Report (FIR), though the two complaints have enough material for the same. The offences meted were cognizable in nature. So, this was a clear violation of section 154 of Criminal Procedure Code. The police not even treated the incident according to the spirit lies in ‘The Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act’ and not booked the errant according to its purview. Though, the offence was identical to the listed offence of atrocities in chapter 2, section 3(1) (v) of the Act as ‘Wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights over any land, premises or water’. The police personnel defied the Act by violating section 4 as said in the Act as ‘Whoever being a public servant but not being a member of a Scheduled Caste or a Scheduled Tribe, willfully neglects his duties required to performed by him under this Act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year.
In other hand, Ms. Sarathi Mondal lost her husband and now living with her minor son; Gobindo Mondal aged about 15 years. The mother – son duo forced to live in government vest land by erecting thatched hut after loosing their dwellings and all other belongings in incessant erosion and flood caused by river Padma in the year 1998. Ms. Sarathi Mondal aged about 43 years, wife of Late Haripada Mondal is living at village- Char Sahebnagar, Post Office- Border Para, Police Station- Raninagar, and District- Murshidabad from the year 1999. Now, her dwelling is in verge of collapse and she is not in a condition to repair it. The worried mother; Sarathi is also not in a position to fend her minor son. The influential political persons of the locality are trying to dislodge her from the place with ulterior reasons, which compounded her agony. Sarathi under tremendous pressures from this section failed to lodge a formal complaint to local police but she made an application before the office of the District Magistrate stating her impoverished situation and requested for adequate arrangement of her adobe under the scheme of Indira Awas Yojna and relevant Patta (ownership/ title) of the land in which she is residing with her son. Before making a complaint to the District Magistrate on 24.6.2012, she made several requests to the concern Panchayet functionaries but not received any response from them.
It is an utter failure of deliverances on the parts of State machineries and irony lies on the fact that Ms. Sarathi does not posses ration card or any other governmental documents stating her socio- economic identity. Her name has not been listed in bellow poverty category which further deprived her from receiving benefits of listed schemes meant for poor and disadvantaged.
Ms. Sarathi categorically demanded for patta (title) of the land in which she is residing now, In this connection she also made a request in given format to Block Land and Land Reform Officer; Raninagar ll Block under Domkal sub division of Murshidabad district stating the schedule of the land as under Basgora Mouza, JL No. 87, Dag No. 1734. The area of the said land is 5 decimal. But till date no measure has been taken by that office.
I also want to draw your attention that apart from these referred persons a large number of aged and impoverished populace are living at the said Char area, who are being continuously deprived off the governmental deliverances meant for this section of people. In this regard I made specific complaints to you for few of them, who are being left of from the benefits. Please extend the benefits to the persons for whom I made request and conduct a census for identification of such persons of the area.
In this connection I demand for:-
- The victims; Ms. Malati Oraon and Ms. Sarathi Mondal must be provided with prescribed assistance or benefits in accordance to the state deliverances; Antodaya and Annapurna Yojna, she and her family must be enlisted under BPL category and 100 days employment must be guaranteed to them under MGNREGA.
- The complaint made by Ms. Malati Oraon should be registered as First Information Report (FIR) and an apt inquiry should be initiated
- The livelihood of the victims is at stake and the police and block administration did not even treat the incident according to the spirit lies in ‘The Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act’ and not booked the errant according to its purview. Though, the offence was identical to the listed offence of atrocities as ‘Wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights over any land, premises or water’. So the errant should be booked under the prescribed penal provisions of ‘The Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act’
- Malati Oraon with her brother should be financially compensated for their loss borne due to physical torture and ransacking of their house
- The victims should provided with a proper shelter and safety and security of the victim should be guaranteed with due protection measures
- The irresponsible and delinquent police personnel, block administration and Panchayet officials should be charged for non compliance of legal provisions
- The Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act should be complied by the law enforcing agencies in verbatim.
Thanking You
(Kirity Roy)
Secretary – MASUM
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