Sikkim High Court Swings into Action on implementation of Juvenile Justice Act, Orders for an Inquiry by Chief Judicial Magistrate

Hearing a Public Interest Petition filed for Petitioner Rachhitta Rai by Dr. Doma Bhutia, Sikkim High Court on 10.09.2013 has issued interim directions requiring Chief Judicial Magistrate to inspect Observation Home in Gangtok and to give a report in this regard to High Court on next date of hearing.

Bench comprising Chief Justice Pius C. Kuriakose and Justice S.P. Wangdi directed Chief Judicial Magistrate, Gangtok to give a report on standard of hygiene, availability of space, quality of food and medical facilities available in Observation Home. Additionally, Court asked Chief Judicial Magistrate to make inquiry as to in how many cases Social Investigation Reports are being made and submitted to JJB and also to inform as to whether observation homes and shelter homes have been set up in various districts in Sikkim State.

Bench also directed State Government to ensure that only those officers who have undergone trainings organised by Sikkim state Legal services Authority on Juvenile Justice (Care and Protection of Children) act 2000, are appointed to carry out their duties under Juvenile Justice Act and in case any of them have not undergone such trainings, then such officers be imparted trainings.

These interim directions have been issued in Writ Petition (PIL) No. 01 of 2013 titled as “Rachhitta Rai Versus State of Sikkim & Others”. Awaiting the report of chief Judicial Magistrate, Court has fixed the case for further hearing on 13.11.2013.

Sikkim is one of those States in India where Juvenile Justice Act remains largely unimplemented with just one Observation Home in the entire state, that too functioning in a pathetic condition. Dr. Doma Bhutia, advocate for the Petitioner also raised the issue that cases of juveniles in conflict with law keep dragging for an unusually long time and juveniles are often shown as adults by the Police and are send to adult jails. She highlighted in her arguments that various provisions of the Juvenile Justice Act are yet to be implemented by the Government in Sikkim State. High Court is expected to hear the case further after submission of inquiry report by the Chief Judicial Magistrate.

Sikkim Government to Build More Toilets in Gynecology Wards as first phase towards providing better facilities: National Rural Health Mission in Sikkim Comes under scanner of Sikkim High Cour

Implementation of National Rural Health Mission (NHRM) in the State of Sikkim has come under the scanner of Sikkim High Court after a public interest petition titled “Rinzing Chewang Kazi Versus State of Sikkim & Ors.” Writ Petition (PIL) 39 of 2012 was filed in year 2012 highlighting state’s abysmal performance on NHRM.

NHRM is a flagship scheme sponsored by the Government of India since 2005 aiming on prevention of maternal as well as infant mortality in rural areas. When this PIL was filed highlighting Sikkim’s poor performance on ensuring even the most basic needs of pregnant women, availability of life saving drugs and women/ Children’s access to basic health facilities, Sikkim High Court had on 24.08.2012 directed State Government to file a report on steps taken to implement NHRM.

Advocate Dr. Doma T. Bhutia appearing for petitioner filed a fact finding report showcasing the abysmal performance of State and proved before the Court that gynecology wards in the Hospitals were neglected to the extent that there were no separate toilets for men and women and for patients and visitors in the Hospital. Report cited the condition of one such hospital in capital city of Gangtok which serves as a tertiary care centre for women.

The order dated 23.09.2013 reads, “ As per the affidavit termed as “Brief Fact Finding Report’ filed by the Petitioner, it has inter alia been pointed out that the condition of Gynaecology Department of the S.T.N.M. Hospital at Gangtok is such that the patients of the ward are facing great hardship primarily on account of want of sufficient number of toilets. It is stated that as there are no bathrooms, the toilets are also being used for washing clothes, utensils, etc. It is further pointed out that there being only one toilet on each floor of the building housing the Gynaecology wards, visitors and outsiders are also sharing the very same toilets causing serious health hazards to the patients undergoing pre and post natal care.”

After state was asked to reply to petitioner’s fact finding report, State admitted that there was indeed shortage of toilets and this prompted Sikkim High Court to pass direction to treat construction of more toilets as first phase towards providing better facilities.

Court has asked State to file a progress report within 30 days and has fixed the case for further hearing to consider rest of issues raised in the Public Interest Petition. It is pertinent to note that Sikkim which is commonly perceived as a peaceful and prosperous state remains unconcerned by and large towards its duties towards women and children and non-implementation of a centrally sponsored scheme called NHRM is symbolic to such attitude. With Hon’ble High Court of Sikkim bringing State under its scanner in instant PIL, some progress in this regard is expected. Case is being argued by Dr. Doma T. Bhutia in Sikkim High Court.

Dr. Sacked for allegedly not making enough money for charitable St. Stephens's hospital

Petitioner is a senior doctor and a senior employee of the respondent hospital. She has been appointed and Confirmed as a senior specialist – Psychiatry. Ever since her confirmation on 1.10.09 she has been functioning as and has been treated by the Director as the Head of the Psychiatry Department. For example, whenever HOD meetings are held she represents the department and has always been treated as HOD even though there is no formal communication to that effect.

She has served the hospital for 19 years. Her services have been terminated by the respondent because, According to the respondent, she did not raise adequate money for the hospital.

Her answer is simple; she was not required to get involved with the raising of funds because she was not part of the Governing Body and therefore revenue was not part of her duties.

The present petition is being filed in order to challenge the unfair and arbitrary manner in which the respondents have terminated the petitioner from her services. The respondent is registered under the Societies Registration Act, 1860, and operates, inter alia, a charitable hospital at Delhi.

HRLN filed a PIL for Kisan Mhaske who is disqualified for the Post of Chowkidar on the ground of partially blindness

Kisan Mhaske, who is partially blind, applied for the post of Chowkidar, which is an identified post for the VI, in water Irrigation Department in government t of Maharashtra. Kisan Mhask cleared an interview and was given an appointment letter. However after appointment the medical board declared him unfit.

DRI Mumbai challenged this and filed Writ petition in Bombay High court the Hon'ble High Court Passed an order in favour of Kisan Mhaske ordering for his Appointment in the said post within two weeks of the order and the appointment be made effective from the date of original appointment.

Bandhua Mukti Morcha has filed a PIL to Implement a Rehabilitation Scheme for the Bonded Labourers

Bandhua Mukti Morcha has filed a writ petition seeking for the drafting and implementation of a new Release and Rehabilitation scheme for the bonded labours. In the case of Swami Agnivesh & Anr. Vs. State of Jammu & Kashmir & Ors. Writ Petition (Crl.) No. 128 of 2012, the petitioner’s organization has demanded a wide range of prayer which includes payment of compensation to the released bonded labour, immediate release of Release Certificate, Rehabilitation programs, drafting of a new Release and Rehabilitation Scheme for the bonded labours.

The present writ petition has its background dating way back to 25.05.2012 when the husband of the Petitioner No. 2 escaped bondage and ran out of the labour home. He reached Delhi and approached the petitioner’s organization seeking help for the rescue of his wife and child who are still in bondage and are being tortured by their employer.

The petitioner no. 2, Raj Kumari Sahoo got married to Niranjan Sahoo, a bonded labour in the year 2010. After marriage she too went into bonded labour. Out of the wedlock, they even had a child. On 16.06.2012 the petitioner no. 2 and her husband decided to quit the bondage and went to seek permission of their principal employer to which their employer told them that they had taken a loan of Rs. 3 Lakhs to which they refused to accept. This resulted in the petitioner no. 2 and her husband being thrashed several times. They were both locked up in two separate rooms and were beaten up regularly. However on 25th May 2012 the husband managed to escape. And reached the office of the petitioner no. 1’s office at Delhi on 9th AUG 2012. In betwween both were beaten up regularly and raped several times as a revenge for the escape of her husband. This resulted in the miscarriage of her second child.

With the help of the petitioner’s organization, Niranjan Sahoo tried to release his wife but at first he did not meet with success. But then with the help of the Child Line, Jammu, the petitioner organization was finally able to rescue Raj Kumari Sahoo and her child from bondage. But the government hasn’t given them In between this, the petitioner no. 2 was neither the compensation amount as mandate under the Bonded Labour Act nor any steps been for their rehabilitation.

The petition sought the permission of the Hon’ble Court to file an amended petition whereby the state of Chhattisgarh and the Union of India through the Secretary, Ministry of Labour and Employment have been made party to the petition. Also the petitioner seeks for the following prayers:

Issue a writ of mandamus or any other appropriate writ, order or direction to the Respondents 1 and 2 to investigate in respect of the allegations of rape, kidnapping, assault and bondage etc. as set out in this petition and initiate prosecution in accordance with law and the Standard Operating Procedures on Investigation of Crimes of Trafficking for Forced Labour.
Pass an order directing the Respondents no. 1 and 2 and 4 to provide security and financial support to the Petitioner No. 2 so that she is not harmed in any manner and to ensure that she is not harmed when she visits Jammu to assist with the investigation or trial.

Now, In this case, the state of Chhattisgarh seeked time to file their counter affidavit and thereby 3 weeks times have been granted thereby.

Implement the Rehabilitation Scheme for the Rape Survivor, Court Issued notice to States

HRLN has filed a petition of the Petitioner when her 15 year old daughter who was gang raped by three Persons in Haryana on 26th August 2013.The petition sought compensation and a directive for her rehabilitation.

The petition highlighted the trauma of the girl and a large number of such rapes occurred in Haryana, the victims belonging to the backward classes. It said the brazenness and frequency of the crime indicated that in Haryana “there is a sense of impunity among certain male sections and a feeling that rape will go unpunished. There is a clear breakdown of the criminal justice system and complete denial of protection to women, especially those belonging to the Dalit class.”

Senior counsel Colin Gonsalves, appearing for the Haryana victim’s father has said that the accused got the support of the police and the khap panchayat, and when the girl filed an FIR, she was socially boycotted and asked to leave her village.

So, the Supreme Court issued notice to the Chief Secretaries of all the States and the administrators of the Union Territories, seeking their response in eight weeks on rehabilitation schemes for victims.

HRLN has filed a PIL to Implement the Rehabilitation Scheme for Acid Attack Survivors

PARIVARTAN KENDRA V/S UNION OF INDIA & Ors.
WRIT PETITION (CIVIL.) NO (s). 867 OF 2013

Chanchal, a talented 18-year-old Dalit girl, wanted to be a computer engineer. She used to go to college regularly and supported her family working as a daily wageworker. Men from her village, Anil, Ghanshyam, Baadal, and Raja, harassed Chanchal on a daily basis.

They had been sexually and verbally harassing her for many months prior to this incident. When she refused to give in to their demands and boldly opposed their sexual harassment, they brutally threw acid on her face and body, which also fell on Chanchal’s younger sister’s body. The men attacked Chanchal on 21 October 2012 at midnight by climbing on Chanchal’s roof while she and her sister were asleep. After hearing their daughters’ screams, Chanchal’s parents rushed the girls to Patna Medical College and Hospital (PMCH).

After the acid attack, PMCH doctors delayed proper treatment and failed to give her medicines, worsening her condition. Chanchal’s parents had to purchase almost all medicines out of pocket causing them to go under debt spending more than 5 lakhs on medicines. PMCH doctors and nurses mistreated Chanchal and her family telling her she has no right to be at the hospital given that she was Dalit.

The Petitioner of the Petition is Parivartan Kendra, is a registered NGO (Registration No. 207/2007 under the Registered Society Act, dated 28.05.07 at Patna, Bihar). Who has filed this public interest litigation to ensure justice for survivors and to humbly urge this Hon’ble Court to direct the respondents to mirror other countries in the region by taking meaningful steps to ensure that survivors are adequately compensated, treated, and rehabilitated.

Now, the Supreme Court has issued notice to the Union of India and others.