Life took a serious turn for 15 years old Radha (name changed), when her relatives sold her to a brick kiln owner in Kerakat town in Jaunpur district of Uttar Pradesh on January, 2012. Radha was sexually abused by the brick kiln owner Baiju Yadav for more than two months. Radha is a resident of ChakRadharpur in Singhbhum district, Jharkhand state of India.
I was with my family when a woman called Shanti visited us and told me to come with her. She was from the same village so I trusted her. She said she was going to take me to a fair. But this woman had tricked me and forced me to go to the brick kiln factory. There I had to work for the owner, doing his cooking and cleaning, and also massage him. Two days after I arrived he forced himself on me. He used to give me a tablet, then he would force himself on me. My room was next to where the owner worked and every time he wanted me, he would come to my room. He would come two or three times a day. I told that woman Shanti that I didn’t like it, and she said that “If you tell anyone, the owner will kill you.” One day I opposed it, and the owner beat me up brutally. I was so scared. The brick kiln owner was in his sixties, had no teeth, used to drink a lot, and force me to drink alcohol as well. When I refused, he used to hit me. I’m still in pain from the rapes.
When Radha reported her ordeal to Shanti Devi, she rebuked Radha and warned against reporting the incident to anyone else. Shanti Devi has been working at Baiju Yadav’s brick kiln for the past seven years and also have illicit relation with him.
Unable to bear the trauma, on 20 March, 2017 Radha informed to her relative Palo Devi her relatives, who are also working in brick kiln of Baiju Yadav and was also living in the same village. Palo Devi helped Radha to somehow flee from Baiju’s brick kiln and reached her house.
Baiju Yadav started to frantically search Radha in each and every possible location. He suspected that the villagers had a role in Radha’s fleeing from his brick kiln. The next day around 8 pm, Battan Musahar, was allegedly thrown out of a tractor – trolley by Baiju Yadav’s Battan was sitting atop the engine and he died on spot. The villagers were returning home after shopping at the local market. Battan was also working as labourer in same brick kiln for delivering the brick and he was not aware what was happening in the kiln.
Battan Musahar‘s death was reported in the local media. Following the news reporting PVCHR Founder and CEO Dr. Lenin Raghuvanshi intervened in this matter to concerned authorities.
During the investigation into the Musahar’s death that PVCHR came to know about Radha. She was hiding at her relative Palo Devi’s residence. PVCHR helped Radha and Palo Devi family to flee from hiding place. To ensure safety of the girl and those of her relatives, they had short shelter in PVCHR office. Baiju Yadav had also gunned down the Palo Devi son. The matter was intervened to various concerned authorities as follows
Date | Letter sent to |
24 March, 2012 | National Commission for Women, New Delhi, National Schedule Caste Commission, Chief Minister of Uttar Pradesh and Jharkhand, SHO- Kerakat, District Magistrate Jaunpur, Superintendent of Police – Jaunpur |
27 March, 2012 | Radha got treatment in private hospital in Varanasi |
27 March, 2012 | Commissioner of Varanasi and Police Superintendent of Varanasi |
28 March, 2012 | Radha was produced before CWC in Varanasi CWC ordered to Chief Medical Officer, Varanasi for the medico – legal test On same day MLC of Radha was done in Shiv Prasad Gupt Mahila hospital. |
25 March, 2012 | NHRC notice to Superintendent of police jaunpur notice |
14 April, 2012 | Chief Secretary – Uttar Pradesh Government – Lucknow and Jharkhand, Superintendent of Police – Jaunpur, Director General of Police, Chief Minister- Jharkhand, District Magistrate- Varanasi, National Commission for Protection of Child Rights, National Schedule Caste Commission, National Human Rights Commission, Senior Superintendent of Police, Chief Medical Officer- Varanasi, Chief Minister of Uttar Pradesh and District Magistrate – Jaunpur. |
27 April, 2012 | The National Commission for Protection of Child Rights sent it investigation report. |
14 April, 2012 | Police superintendent of Jaunpur issued notice to PVCHR |
30 August, 2012 | D.M Jaunpur issued notice to CMO, Janupur |
31-8-2012 | National Schedule Caste Commission issued notice to Jaunpur. |
16 August, 2012 | RTI- CMO, DM, SSP, Chief Secretary- Jharkhand and Uttar Pradesh, DM- Varanasi, Superintendent of police, National Schedule Caste Commission, National Commission for Protection of child rights, DGP- Lucknow, |
24 August,2012 | From the Cabinet Secretariat and Coordination Department Principal Secretary Home Department’s Public Information Officer |
3 October,2012 | National Human Rights Commission |
08-September-2012 | Through RTI received report from P.S Kerakat- Jaunpur |
22 September,2012 | Director General of Police- Uttar Pradesh and CO – Jaunpur |
31-September-2012 | The National Commission for the schedule caste issued notice to DM. |
03-September-2012 | Received response from National Commission for the schedule caste on RTI. |
25 September, 2012 | Received response from superintendent of police – Jaunpur |
25-March-2012 | Statement of Radha |
3 October,2012 | DM- Janupur and Jahrkhand, |
22 October,2012 | The National Commission for Protection of Child Rights |
14-April-2012 | Notice from Chief Secretary – Uttar Pradesh |
21-September-2012 | Received response from National Commission for Protection of Child Rights through RTI |
09-जुलाई,2012 | Received response from National Human Rights Commission through RTI |
17-10-2013 | NHRC, NCW, Ministry of home affairs- Government of India, National Schedule Caste Commission, CM- Jharkhand and DGP- Jharkhand and state police administration |
17 October, 2013 | Statement of Saluka |
3 October,2013 | National Human Rights Commission |
22 September ,2012 | Director General of Police |
22 September, 2012 | C.O Jaunpur |
16 October, 2012 | Radha produced before the CWC for giving her statement |
Radha, in her interview to human rights watch for the report Breaking the silence Child Sexual abuse in India on says that an improperly conducted medical examination in Varanasi after she was repeatedly raped in February and March 2012 is impeding her legal case. They took her to the police and to a hospital, where a doctor carried out a medico-legal “two-finger test.”
On the basis of this degrading and unscientific test, the doctor stated that Radha had not been raped. As a result, the police have refused to listen to her complaint and investigate the man she said had raped her repeatedly.
Radha, with the support of PVCHR challenged the doctor’s findings. In September 2012 the police in her home district in Jharkhand agreed that Radha’s testimony could form the basis of a charge against her alleged assailant. After intervention FIR was lodged against Shanti Jamuda (ii) Baiju Yadav in crime no. 135/2012 u/s 372/ 374/376/34 IPC and 3(3)(6) SC/ST Act against Shanti Jamuda (ii) Baiju Yadav. The case after investigation had been submitted to the court for trial. A case u/s 304A IPC was registered at crime no. 136/2012 at PS Kairakat on 21.03.2012 against Baiju Yadav son’s, his clerk and other two people who were supporting him. In this matter charge sheet was submitted on 09.05.2012 and the matter is sub judice in court.
The IGP Varanasi had submitted report to National Human Rights Commission (NHRC) on 20.02.2017 that a complaint was lodged by Surender s/o Sehli r/o Triyani, PS Kairakat, District Jaunpur, regarding the death of his son Bunti in accident of tractor on 21.03.2012 and case no. 136.2012 u/s 304A IPC was registered against the Bejnath, Rajmath, Gulab and Dinesh in which charge sheet was submitted.
DIG Zone got the enquiry conducted through SP Jaunpur and Additional SP Rural according to the report, there are allegations that Ms. Radha Jamuda d/o Saluda was kept bonded by brick kiln owner Baiju Yadav. She was sexually exploitated. However these allegations were over looked by SI Sabhajeet Singh, HC Satya Dev Srivastava and Gurdip Singh Sarna, the then Inspector Kherakat. Km. Radha was not examined, they tried to conceal the offence and committed breach of duty. The enquiry officer found HC Satya Dev Srivastava, SI Sabhajeet Singh and Inspector Gurdip Singh Sarna guilty of delriction of duty and for not registering the case under the relevant provision of law and case under 166A IPC had been registered against the police officers. Commission had considered the report.
The hon’ble commission directs IGP Varanasi Zone to submit the typed legible duly authenticated copy of FIR of crime no. 136/2012 u/s 304A IPC instituted at PS Kairakot, Jaunpur and the chargesheet filed in that case to this Commission urgently through special messenger in sealed cover within two weeks.
The Hon’ble Member in the Case No. 8542/24/39/2012 has directed on 3.11.2017 as under : – “Case Crime No.429/17 under section 166A IPC has been registered against Gurdeep Singh Sarna, the then SHO Kerakat, Jaunpur, SI Sabhajeet Singh and Chief Constable Satyadev Srivastava which is under investigation and directions have been issued to conclude the same on merits expeditiously. It is stated that in case of the victim of rape Radha case crime No.135/12 u/s 372/374/376/34 IPC r/w Section 3(3)(6) SC/ST Act has been filed against Shanti Jamuda w/o late Godo Jamuda and Baiju Yadav s/o Sahdev Yadav. After the investigation, charge sheet has been filed in the court. Vide report dated 12.9.2017 it has been stated that 25% of Rs. 1,00,000/- (compensation under SC/ST(PoA) Act) has been paid to the victim vide cheque No.581748 dated 16.8.2017. The Commission has taken a very serious view of the matter. Despite the directions by the Commission to pay a compensation of Rs. 1,00,000/- vide its proceedings dated 26.12.2016 no proof of payment has been received till date. Let a reminder be issued to the Chief Secretary, Government of UP to pay a sum of Rs. 1,00,000/- on account of compensation to the victim Radha and submit the proof of payment within four weeks. The Chief Secretary, UP be also asked to submit as to i) why the compensation as provided under rule 11 & 12 of the SC/ST (POA) Act amounting to Rs. 1,80,000/- (50% of the amount to be paid at the time of medical examination) has not been paid. ii) why compensation under rule 21 of the SC/ST (POA) Act (full cost of education and maintenance of the child, provision of utensils, rice, etc. for three months) has not been paid to the victim. He is also directed to send The progress of Enquiry dated 15.11.2013 against the erring official, pending before the administration and status of investigation of Case Crime No.429/17 within four weeks.” The Commission perused the record and observed that in Case No. 8542/24/39/2012 monetary compensation has already been recommended by the Commission. Therefore, there is no justification for continuing with this case i.e. Case No. 1405/34/18/2013-WC. Therefore, the case No. 1405/34/18/2013-WC is closed.
Dr. Lenin says, It is a clear case of failure of criminal justice system and mechanism for elimination of trafficking and rape. Hegemonic masculinity based on patriarchy and caste system is haunting society and contributing for negative conflict, impunity and injustice.