Torture and Sexual Assault in Police Custody

Here Justice dies ……

By Adv. Suma Joseph

When Delhi was boiling after the December 16 gang rape just fews days later on 27th  December a 55 year old woman was tortured and sexually assaulted in police custody. On 27^th December 2012, the old lady along with her grand daughter arrived at Nizammudin Railway Station. She had come to see her daughter and son in law who had lost both his legs in an accident.

She was taken into police custody on false charges of kidnapping. There were 7 police officers and no female constable to accompany her. She was beaten up all night by these police officers with no specific evidence or reason to do so. She was battered with belts and sticks by the officers. Also one of the police officer sexually assaulted her and forced her for unnatural sex.

The poor 60 year old lady was harassed for 4 days at stretch and her grand daughter left alone on the railway station. She was threatened for life and respect. When HRLN Lawyer met her in prison she was covered with bruises and wounds all over her body. The tragedy of the case is that even when she was taken before the Magistrate, he failed to see the bruises on her face and marks on her body.

What can be worst is that a poor lady was asked to submit Rs. 10, 000 as bail bond for the first time by the duty magistrate on January 1^st and later in the concerned court , the magistrate asked for furnishing surety amount of Rs. 15000. An urgent application was moved by HRLN in the high court for a fresh medical and action to be taken against the police. The court issued notice to file status report and production of the petitioner. The next date of hearing is on 21^st February 2013.

Delhi HC orders for entitlements to Below Poverty Line Women within 6 weeks

11 January 2013, NEW DELHI

In a contempt hearing initiated by the Human Rights Law Network (HRLN), the Delhi High Court gave the Union of India and the NCT of Delhi “a final opportunity” to fully implement the Janani Suraksha Yojana (JSY) and National Maternity Benefit Scheme (NMBS) within six weeks.  If the NCT Delhi fails to fulfill its obligations by 7 March 2013, the Respondents will have to answer to the Court. The contempt petition emerges from the Delhi High Court’s judgment in Laxmi Mandal vs. Deen Dayal Harinagar Hospital & Ors. (W.P. (C) 8852/2008).  In its landmark decision, the Delhi High Court became the first national level court to hold that maternal mortality is a violation of a woman’s fundamental right to life. The petition outlines the circumstances leading to the preventable maternal death of Shanti Devi and the degrading conditions under which Fatema delivered her daughter, Alisha.  The High Court passed extensive orders to award compensation to the families and to ensure meaningful implementation of government schemes for Below Poverty Line women.  To date, the Respondents have not complied with these orders.

Broadly, JSY establishes cash incentives for delivery care and NMBS provides Rs. 500 to all pregnant women 8-12 weeks prior to delivery.  Because the Government of Delhi has failed to implement these schemes, homeless pregnant and lactating women like Fatema and Priya Kale, have been unable to access the government entitlements that provide them with the minimum nutritional and financial support they need to survive.

The original Writ Petition,Laxmi Mandal vs. Deen Dayal Harinagar Hospital & Ors. (W.P. (C) 8852/2008), details grave violations of Shanti Devi and Fatema’s fundamental rights. Shanti Devi had no choice but to carry a dead fetus in her womb for 5 days, as multiple facilities refused to treat her.  She only received medical care after the Delhi High Court intervened. While the High Court considered the petition, Shanti Devi became pregnant again, and died after giving birth to a pre-mature baby. The baby, Archana, survived and currently lives with a neighboring family. Fatema delivered her daughter, Alisha, in full public view under a tree in Jangpura, New Delhi. In both cases, the government failed to provide the women with their financial or nutritional entitlements under myriad Union of India sponsored schemes. The Court ultimately found that the Respondents violated both Shanti Devi and Fatema’s fundamental rights to life and health under the Constitution.  In addition to providing compensation to both Shanti Devi’s family and to Fatema, the Court ordered the Respondents to comply with a 2007 Supreme Court order directing all state governments and Union Territories to implement both the NMBS and JSY schemes.

HRLN will continue to pursue this matter until the most marginalized women in Delhi can fully realize their right to healthy and dignified, pregnancy, delivery, and post-partum period.

For more information, please contact:
Kerry McBroom, Director, Reproductive Rights Unit, HRLN (+91 9650316596)
or
Advocate Jayshree Satpute (+91 9871155098)

Read the order here