13 March 2010

To,

The Chairperson

West Bengal Commission for Women

10 Reiny Park

Kolkata - 19





*Subject:-Police Inaction on Abduction and Trafficking of Woman*





Respected Madam,



It is revealed during our fact finding upon information received that Ms.
Mumtaz (name changed) was abducted on 01 February 2010 under by one Ms.
Anwara Biwi from Barasat, North 24 Parganas, West Bengal, India. Ms.
Mumtaz’s mother Ms. Fatima Bewa (name changed) went to Barasat police
station to file a complaint on 11 February 2010. Despite specific criminal
offences mentioned in the complaint the police official did not register a
case and merely made an informational entry in General Diary Entry book. On
13 February 2010, as the poor widow mother approached the same police
station again asking to start a criminal case, she was not attended to and
was harassed throughout the day. It is only after our intervention the
Barasat police station registered a case (Barasat police station case no.
347/10). However, in spite of repeated plea the complainant is denied a copy
of the same till date, which is a clear violation of procedures set in
Section 154 of Criminal Procedure Code .



It is revealed that only certain sections of Indian Penal Code (IPC)
pertaining to abduction is mentioned in the case. Whereas the complaint
clearly mentioned an incidence of immoral trafficking, the registering
police official intentionally omitted related sections of IPC (365, 366,
376) and sections 5, 5A, 5B, 6 and 9 of The Immoral Traffic (Prevention) Act
-1956 (ITPA) that equally applies against the accused person(s).



Ms. Fatima Bewa had been repeatedly visiting the Barasat police station for
past one month enquiring the status of investigation. But she was
ill-treated time and again thus the Investigating Officer (IO) of the said
case, Mr. Rakesh Chatterjee, Sub-Inspector, undoubtedly violating the
directives under regulation 33 of Police Regulation of Bengal (PRB) – 1943.
Even after passing an important information by the complainant on the place
of confinement of the abducted woman to the concerned IO, the IO remained
extremely reluctant to initiate any affirmative step.



Due to indifference and inaction of the police authorities, the victim’s
life is at peril and still to be rescued from the clutch of trafficker.
Consequently, the family members’ anguish and apprehension is alleviating.
This is yet another case of harassment and torture by the police officials.
Till date the investigation is yet to move an inch towards any affirmative
action.



Hence, we seek your urgent intervention in this matter in the following
manner:



   - Concerned police authorities are to be directed to take action
   immediately to rescue the trafficked woman;
   - An impartial and independent investigation is to be initiated against
   the perpetrator police official and stern judicial action is to be taken
   against him;
   - Appropriate penal sections under the IPC and ITPA must be included in
   the FIR and the IO is to be directed to probe accordingly against the
   accused trafficker;
   - Appropriate rehabilitation and compensation is to be provided to the
   victims.



Thanking you,

Yours truly,











(Kirity Roy)

Secretary, MASUM

& National Convenor, PACTI



*Case Details** :-*



*Name of the Victims*:- (1) Ms. Fatima Bewa (name changed), Female, 45
years, Religion – Islam; (2) Ms. Mumtaz (name changed), Female, 21 years,
residing at Village & Post Office – Kazi Para, No.4 Gate, Police Station –
Barasat,  District –North 24 Parganas, West Bengal, India



*Name of the Perpetrators*:- (1) Mr. Rakesh Chatterjee, Sub-Inspector of
Barasat Police Station, District – North 24 Parganas, West Bengal, India;
(2) Ms. Anwara Biwi, daughter of Mr. Aptar Ali Baid of Lebutala, Barasat,
District – North 24 Parganas, West Bengal, India.

* *

*Place of Incident*:- Barasat Police Station, North 24 Parganas



*Date of Incident*: - On 01st February 2010, 11th February 2010,
13thFebruary 2010 and 19
th February 2010



*Detail of Incident*:-



It was on 11th February 2010 that Ms. Fatima Bewa (name changed) filed a
complaint to Barasat Police Station against forcible abduction of her
daughter Ms. Mumtaz (name changed). Instead of registering a criminal case
merely an informational entry was being made in General Diary Entry (GDE)
book vide GDE No 1369/10.  Later she came to know that Ms. Anwara Biwi
abducted her daughter alluring with a job offer was in fact an woman
trafficker. Subsequently, on 13th February 2010 at around morning 9 AM, she
along with her son-in-law went to the same police station to lodge a fresh
criminal case against Ms. Anwara Biwi for abduction and trafficking of her
daughter. The police officials of the said police station did not pay heed
to their agony and neither did register a case. It was only after
intervention of our organisation i.e. when we reported the incidence of
inaction to Sub-Divisional Police Officer (SDPO) and requested him to
intervene, victims were attended to at 3 PM (i.e. after insulting six hours)
and subsequently an First Information Report (FIR) was lodged (Barasat
Police Station Case/FIR No. 347/10 dated 13-02-2010 under sections
363/367/368 of Indian Penal Code). However, despite repeated requests to the
police officials of the said police station, a copy of the same FIR is not
been handed over to the complainant till date.



Since then the poor widow mother went to Barasat police station time and
again. But every time the concerned Investigating Officer (IO) of Barasat
Police Station, Mr. Rakesh Chatterjee, Sub-Inspector refused to attend her
plea showing different lame excuses. As we came to know about the IO’s
inaction from the victim, we contacted the IO on his mobile, he replied with
laxity, “I am looking into the matter and have contacted an NGO.” Being
shocked to his answer as we reenquired, he reaffirmed, “Yes, an NGO. The NGO
would take some money as they deal with this kind of incidents and in return
would rescue the woman.”



Incidentally, a Bengali daily published a news of rescuing few Bengali women
from a brothel at Pune on 18th February 2010. One of them was resident of
Kankra Mirja Nagar village, Basirhaat, North 24 Parganas, West Bengal. This
woman was also known to victim’s family and was accompanying Ms. Mumtaz
while they left their house for a job. Immediately after getting the
information Ms. Fatima contacted the rescued woman and came to know that her
daughter is also under the clutch of same trafficking gang. Soon after she
went to the abovementioned IO and informed the same. It is to be reiterated
that, on that day too the victim had to wait for a long time and had to
plead repeatedly before getting a hearing. However, this revealing
information did not earn an iota of response and initiation towards rescuing
the abducted woman by the IO. He asked as many as 15 copies of photograph of
the abducted woman, which the complainant immediately adhered to.



Later, on contacting the rescued woman again, a very important piece of
information was obtained by Ms. Fatima regarding the trafficking gang. The
IO did not pay heed to the information about the lady trafficker, a member
of same trafficking gang who was arrested and is presently under custody of
Pune police. Instead of taking any step so far on the issue, the IO
suggested the victim to approach some NGO to rescue the trafficked woman.
The IO also reacted exasperatingly, “First you send your daughter for
earning easy money, and now you are unnecessarily troubling us.” A written
complaint against the act of inaction by the IO has been submitted to the
Superintendent of Police of North 24 Parganas on 01 March 2010. However, her
complaint has neither been acknowledged nor any effective action has been
initiated. It seems even that fell on deaf ears.



As on date the same story of indifference and inaction continues in spite of
repeated appeals to the police station. It is on 13 March 2010, after one
month of initiation of the case, the IO, Mr. Rakesh Chatterjee replied to
our enquiry on status of the said case, “I am yet to contact the rescued
woman and gather information as I am too busy in other jobs. But I have sent
a letter to Pune (*could not mention exactly to whom it was sent*).”

-- 
Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
26 Guitendal Lane
Howrah 711101
West Bengal INDIA
Mobile: 09903099699
Tele Fax : +91-33-2640 4118
Phone: +91-33-2640 4520
e. mail : [email protected]
Web: www.masum.org.in


-- 
W A Laskar
Freelance Reporter and Human Rights Activist
with Barak Human Rights Protection Committee,
http://bhrpc.net.googlepages.com
15, Panjabari Road, Darandha, Six Mile,
Guwahati-781037, Assam, India
Cell: +919401134314
Visit my blog at
www.rightspeaks.blogspot.com

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