Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the involvement of police in human trafficking. And, the same police official (Police Station Sarailakhansi, District Mau, Uttar Pradesh) has been asked to conduct the ‘investigation’.
CASE NARRATIVE:
A 16 year old girl (name withheld) born on 8 February 1996 was kidnapped and trafficked on 4 May 2013 allegedly by Sanjay, son of Kanta, and Kamlesh, son of Ramavtar, both belonging to village Khanpur,, Police Station Sarailakhanasi, District Mau, Uttar Pradesh, allegedly with active cooperation of police sub-inspector Shivji Chourasia, posted at the Police Station Sarailakhansi.
It has been alleged that Sanjay raped the girl, keeping her under his captivity in Mumbai, and later sold her to a person named Omprakash for Rs. 40,000 INR (approximately $ 640 USD). However, the girl managed to escape from the custody of her captors and reached Varanasi, where she was rescued by the Guria team and officially handed over to G.R.P. Cantonment Police Station on 20 August 2013.
After her return, the father of the girl moved applications to authorities on 21 August 2013 and 24 August 2013 for medical examination, to record the statement of the girl before a magistrate, & to request other necessary legal formalities. However, no action was taken on these applications. An application-cum-affidavit statement (this also mentions involvement of Sub Inspector Shivji Chourasia in the incident) was presented before the Additional General of Police (A.D.G.P) I.G Zone Varanasi, on 26 August 2013. Copies of this application-cum-affidavit statement were also sent to the Superintendent of Police, Mau, and Circle Officer, Sadar, Mau on 27 August 2013 through registered post.
An order was passed by the Additional General of Police (A.D.G.P.), Inspector General (I.G.) Zone Varanasi, for immediate action on the application, on 26 August 2013. However, the medical examination and recording of the statement under section 164 of the Criminal Procedure Code (Cr.P.C) of the girl was completed after one month by the investigating officer with the clear intention of hiding the crime of his companion, who is accused in the application, and for tampering evidence. Investigation of the case (registered as 724/13) remained with Sub Inspector Shivji Chourasia.
The girl has made clear allegation before the Court about the involvement of the investigating officer, Sub Inspector Shivji Chourasia, in her kidnapping, rape, and trafficking. However, the charge of investigation is still lying with Sub Inspector Shivji Chourasia, which is against the principle of free and fair investigation as Sub Inspector Shivji Chourasia is himself an accused in the case, and there is possibility of destruction of evidence and threat to the life of the victim and her family. Once again, a letter by the victim’s father has been send to the D.I.G. Azamgarh, Sub Inspector of Police Station Sarailakhanasi, Home Secretary Lucknow, District Magistrate Mau, C/O. Sadar Mau, Superintendent of Police (S.P.) Mau, Deputy General of Police (D.G.P.) Lucknow, Inspector General (I.G.) Varanasi, National Human Rights Commission (N.H.R.C.) and National Commission for Protection of Child Rights (N.C.P.C.R.) on 8 November 2013 annexing the statement of 164 Cr.P.C. of the victim before the magistrate and copies of all the previous letters. But, till date, no action has been resulted.
SUGGESTED ACTION:
Urge the higher authorities in police in Uttar Pradesh to transfer the charge of investigation of case no. 724/13, Police Station Sarailakhansi, District Mau, from the present investigating officer, Shivji Chourasia, to higher authorities for a free, fair, and impartial investigation.
Urge authorities in the police department for investigation and trial of Shivji Chourasia for his alleged role in trafficking as per the allegation of the girl.
The AHRC will write a separate letter to the UN Special Rapporteur on violence against women and UN Special Rapporteur on sale of child calling for their intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
INDIA: Policemen accused of human trafficking conducting his own ‘investigation’
Name of victim: 16 year old minor girl (name withheld)
Names of alleged perpetrators: Sub inspector Shivji Chourasia posted at Sarailakhansi , Sanjay, son of Kanta and Kamlesh, son of Ramavtar, both belonging to village Khanpur, PS Sarailakhanasi, Dist-Mau, Uttar Pradesh
Date of incident: May 4, 2013
Place of incident: vill-Khanpur, PS Sarailakhanasi, Dist-Mau, Uttar Pradesh
I am writing to voice my deep concern regarding the kidnapping, sexual assault, and trafficking of a 16 years old girl (name withheld) who was kidnapped and trafficked on May 4, 2013, allegedly by the duo named Sanjay, son of Kanta and Kamlesh, son of Ramavtar, both belonging to village Khanpur, Police Station Sarailakhanasi, District Mau, Uttar Pradesh, allegedly with active cooperation of police sub inspector Shivji Chourasia, who is posted at Police Station Sarailakhansi of the same district.
It has been alleged that Sanjay raped the girl keeping her under captivity in Mumbai. He later sold her to a person named Omprakash for Rs. 40,000 INR (approximately $ 640 USD). However, the girl managed to escape from the custody of her captors and reached Varanasi G.R.P. Cantonment Police Station on August 20, 2013. After her return, the father of girl moved applications to authorities on August 21, 2013 and August 24, 2013 for medical examination, to record the statement of the girl before a magistrate, and to request other necessary legal formalities. However, no action was taken on these applications.
An application-cum-affidavit statement (which also mentions the involvement of Sub Inspector Shivji Chourasia in this incident) was presented before the Additional General of Police (A.D.G.P./I.G), Zone Varanasi on August 26, 2013. Copies of this application-cum-affidavit statement were also sent to the Superintendent of Police, Gazipur, and Circle Officer, Saidpur, Gazipur on August 27, 2013 through registered post. An order was passed by the A.D.G.P./I.G. Zone Varanasi for immediate action on the application on August 26, 2013.
However, the medical examination and recording of the statement under section 164 Cr.P.C. of the girl was completed after one month by the investigating officer, with the clear intention of hiding the crime of his companion, who is the accused, and for tampering other evidence.
Investigation of the case (registered as 724/13) has remained with Sub Inspector Shivji Chourasia. The girl has made clear allegation before the Court about the involvement of the investigating officer, Sub Inspector Shivji Chourasia, in her kidnapping, rape, and trafficking. However, the charge of investigation is still lying with Sub Inspector Shivji Chourasia, something against the principle of free and fair investigation. Sub Inspector Shivji Chourasia is himself an accused in the case and there is possibility of destruction of evidence and threat to the life of the victim and her family.
I thus urge the higher authorities in police in Uttar Pradesh to transfer the charge of investigation of case no. 724/13, Police Station Sarailakhansi, District Mau from the present investigating officer, S.I. Shivji Chourasia to higher authorities for a free, fair and impartial investigation.
I also urge the authorities in police department to investigate and try S.I. Shivji Chourasia for his alleged role in trafficking, as per the allegation of the girl.
Yours Sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Superintendent of Police Mau
Mr. Dinesh Chandra Dubey
E-mail: spmau@up.nic.in
2. DIG Range Varanasi
Room No 3 & 4 Pcf Plaza 3rd Floor, Varanasi H O
Varanasi – 221001
Tel.: +91-542-2508181, +91-2508163
E-mail: digrvns@up.nic.in
3. Uttar Pradesh Human Rights Commission
Chairperson
Justice Shri H.K. Sema
Manav Adhikar Bhawan, TC-34, V-1, Vibhuti Khand, Gomti Nagar, Lucknow-226010
Tel.: +91-120-2511818
E-Mail: uphrclko@yahoo.co.in
4. National Commission for Protection of Child Rights
Chairperson
Ms.Kushal Singh
5th Floor,Chanderlok Building,36 Janpath,New Delhi-110001
Chairperson
Tel.:+91-23478203 / +91-23731583
Email: cp.ncpcr@nic.in
5. National Commission for Women
4, Deen Dayal Upadhayaya Marg,
New Delhi-110 002.
Tel.: +91-11-23237166 / +91-11-23236988
Fax : +91-11-23236154
E-mail : ncw@nic.in
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
