VISIT TO PROTECTIVE HOMES/INSTITUTIONS/SHELTER HOMES/CICs CENTREs
One of the functions of the Delhi Commission for Women is to inspect jails, remand homes and women's institutions where women are interned and take up remedial action. DCW's officers/officials have been visited from time to time protective homes/institutions. The details are given below: -
From 1996 to 1997:
Chairperson and Members of the Delhi Commission for Women have been visiting from time to time protective homes/institutions run by the Government in the Nirmal Chhaya Complex, New Delhi. They have also visited the women's section in Tihar Central Jail.
Chairperson accompanied by Dr. Aparna Basu visited the Sulabh Complex on Palam Dadri Road and met the organizers. They addressed Mahila Mandal members from slum areas of the city who were holding a conference there.
Delhi Commission for Women sending reports of its such visits to the Chief Minister and the Minister for Social Welfare for their consideration and action. Given below is one of the reports given after a visit to Nirmal Chhaya in November 1996: -
Smt. Kamla Mankekar, Chairperson, DCW and Smt. Mridula Sinha, Member (DCW) accompanied by a Member of the Board of Nirmal Chhaya, Smt. Pratibha Kumar, visited homes run for the protection, rehabilitation and welfare of women in the Government run Nirmal Chhaya Complex. They held discussions with Ms. Swatamtra. Officer In-charge of Nari Niketan and Ms. Saroj Garg and Ms. Mithlesh Bhatnagar, Officer in the Short Stay Home. They also inspected some of the institutions. This was Chairperson's third visit to the complex.
The following points may be noted for appropriate action by the concerned authorities: -
The vast compounds surroundings the homes are dirty and in a state of total neglect. As suggested earlier to the then Pr. Secretary to the Welfare Department, the available land should be utilized for horticulture and for growing vegetable, etc. Fruit trees should be planted and produce from these farming activities should be used to meet the needs of the inmates of the various homes.
The complex needs to be cleared of rubbish, drains cleaned and stagnant water removed. The management of the complex needs to be reviewed.
According to the Deputy Superintendent of Nari Niketan more than 50 % of the 70 odd inmates are mentally ill or disturbed.
Medical facilities are inadequate and are available only through the common medical centre which the DCW was told, provides mainly OPD facilities for the entire complex. At night specially, medical aid on the premises is not available. With so many inmates housed in the complex who may require medical attention at any time, better facilities need to be provided. There should be at least one nurse on the premises.
The short term vocational training, condensed courses, etc. are conducted in these homes to equip the girls/women of the institution in useful vocational training in electronic gadgets, knitting and cutting tailoring.
As per rules victims of rape, girls/women rescued from brothels and those in moral danger etc. are to be housed in Nari Niketan. This rule does not seem to be adhered to in all cases. For instance, one inmate Rakhi (name changed) who is an alleged victim of rape, is in the Short Stay Home and not in Nari Niketan.
Delhi Commission for Women has recommended that cases of all inmates in Short Stay Home should be reviewed and they should be sent to the appropriate institutions.
From 1998 to 1999:
Smt. Sheila Ghatate, Chairperson accompanied by the Members of the Commission went to the Female Ward of the Tihar Jail on 17.07.1998 to get the first hand information on the condition of the inmates.
There were 348 prisoners, out of which, 48 were convicts and 300 were under trials. They felt that medical facilities for the prisoners were adequate. Literacy classes are being held for 1-1/2 hours, daily in the premises of the Female Ward and vocational training is also being provided by some government departments and some NGOs. Department of Social Welfare is conducted a stitching and tailoring classes, Navjoyti Police Foundation given training in weaving and Pusa Institute also given three-months training on Food Preservation. Crèche management is also taught. Money from the sales of goods produced by the prisoners is kept in the prisoners account. NGOs impart vocational training, counselling and legal discussions and also meditation for the prisoners.
There were 348 prisoners, out of which, 48 were convicts and 300 were under trials. They felt that medical facilities for the prisoners were adequate. Literacy classes are being held for 1-1/2 hours, daily in the premises of the Female Ward and vocational training is also being provided by some government departments and some NGOs. Department of Social Welfare is conducted a stitching and tailoring classes, Navjoyti Police Foundation given training in weaving and Pusa Institute also given three-months training on Food Preservation. Crèche management is also taught. Money from the sales of goods produced by the prisoners is kept in the prisoners account. NGOs impart vocational training, counselling and legal discussions and also meditation for the prisoners.
On speaking to the women lodged there, the Delhi Commission for Women found the prisoners had many complaints to make. Almost every under trial complained about the lengthy legal procedure and many had not met the lawyers who were supposed to fight for them in the Court.
Delhi Commission for Women undertook a project in Tihar Jail for helping under trial/convicted women prisons languishing in the jail on the basis of the merit of individual cases. The Commission divided the cases of the women prisoners in two categories namely old and sick women prisoners and others.
DCW sorted out 9 cases of women prisoners who were quite old and sick. Legal Consultant of the Commission conducted the case study of these women prisoners and submitted her comments on cases of six women prisoners. While study the cases of women prisoners, the important factors which were taken into consideration were the nature of the offence, time spent in the jail, age of the prisoner, health condition and social background.
Some of the women prisoners who had been granted bail are still languishing in the jail in absence of furnishing sureties and bail bond. Delhi Commission for Women has written to the families of such prisoners for furnishing the necessary sureties and bail bond for getting prisoners out the jail.
The Commission after studying the cases of the women prisoners had made the following recommendations and suggestions: -
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Liberal use of the provisions of the criminal law for granting of those women prisoners who are not guilty of heinous crimes and who are not professional criminals. |
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The appropriate legal aid to be provided to poor and those who cannot afford service of a lawyer by the Government. |
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The provision of parole should be liberally used in case of the women prisoners. |
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In case of minor offences, the women prisoner should be released, if she had spent time in the prison in proportionate to the punishment. |
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An NGOs should come forward to look after the children of the women prisoners and the children should be allowed to see their mothers once in a week. |
July 7, 2004:
A visit was conducted by Delhi Commission for Women team - Ms. Yasmin Khan, Member and Ms. Jyoti Chopra, Project Coordinator on 05.07.2004 at 12:30 P.M. to review the functioning of the Crisis Intervention Centre working in the East, North-East and West District of Delhi. We met Ms. Raka Sinha Bal who is incharge of the Angaja Foundation, an NGO and she informed us about the activities of her NGO. This NGO has been working since 1993 and for the last few years has been following minor rape cases and rendering help especially attending the proceeding in the courts. Ms. Raka said that they have been taking up the cases on their own initiative, through the newspaper reporting and contacting the police and visiting the victims. She also informed that about the problems being faced in the functioning of CIC. The Police and doctors of the hospital were not cooperative. She suggested that the female constables should be present during the investigation and at the time of MLC.
DCW's team told Angaja Foundation has followed and counseled 16 cases. Their Counsellor Shahana Parveen was not present that day but another Counsellor Mohd. Asif told us that he had been attending the court where rape cases were being heard. Ms. Raka told us that since they were short of professional counsellor, they were being helped by another NGO, Sarthak at Hauz Khas Village in Delhi for their counselling session with the victim. Angaja Foundation is mostly working in the field of education but has shown keen interest in rendering help to minor rape victims. But after visiting the office, we came to the conclusion that this NGO is not equipped to handle three districts of Delhi and should be entrusted with looking after the rape victim of East Delhi only. Some other NGO should be earmarked for North-East as Swachetan is already working in West district in Delhi for CICs.
July 26, 2004:
In pursuance of the front page news item “Constable Barges into hostel, molests nurses” which appeared in the Times of India newspaper on 26.07.2004, a visit was undertaken by Members Smt. Yasmin Khan and Smt. Reny Jacob to investigate into the details of the incident.
The Members went to IHBAS, Dilshad Garden, Delhi which is earlier known as “Mental Hospital”. IHBAS is a 100 acre campus which houses mental patients both male and female, OPD, Staff Quarters, Hostel, Administrative Block, etc.
In the absence of Dr. Nimesh Desai, Medical Superintendent, the Members met Dr. Meena Gupta, Director of IHBAS. She narrated the ‘background and the happenings’. According to her, Nursing College students from Northern Region, especially from Punjab come for a month’s training at IHBAS at least twice/thrice a year and they have been accommodated at the hostel on the campus, apart from Delhi students. The present batch belonged to Punjab. Dr. Meena Gupta told us that a few days ago a group of local boys came in a car and disturbed the hostlers, therefore, she made a complaint to the police and thereafter a beat constable from Dilshad Garden Police Station was put on duty. Sh. Prem Singh Bajwa, the Beat Constable being a Punjabi became friendly with some of the hostlers who belonged to his native village and he even gave his telephone numbers for any help, according to Dr. Meena Gupta. On Sunday, the 18th July, 2004 at about 2:30 P.M., when Sh. Prem Singh Bajwa entered the hostel, some of the girls made an alarm and later on a complaint was lodged by the authorities.
Dr. Meena Gupta states that no molestation of the nursing students occurred and Sh. Prem Singh Bajwa was not drunk also. She regretted the news appeared in the newspaper.
Dr. Meena Gupta called to her office, Smt. Smart, ANS and Dr. D. P. Singh, who is in-charge of Security Services and also staying next to the nurses’ hostel for giving more details on the incident. They accompanied us to the hostel premises which is about 2 kms. away from the Director’s office. Though the hostel is inside the campus it does not seem to be safe for women. All the trainee nurses left for Punjab on 26th July, 2004 itself, according to the Director. So no victims were there to give us information about the incident.
The building which accommodates the trainee nurses is in a dilapidated state and not a healthy environment to accommodate women.
“Sarvesh Group” Security Services is manning the IHBAS Campus. About 55 security personnel are posted in different points, according to Dr. D.P. Singh. Some of the security personnel who were posted near the hostel were asked whether they knew the incident for which they replied they are not aware. The security men who were posted at the time of the incident were not available for any comments.
IHBAS has no safe boundary wall constructed. Even if the authorities try to construct the wall the Jagatpuri Village people dismantle the wall and they make a thoroughfare through the campus. This makes all the more unsafe for the women and residents inside the campus. Some of the ex-employees of IHBAS even after transfer, they do not vacate the accommodation given to them, instead they sub-let the accommodation.
CONTRADICTORY STATEMENTS:
Dr. Meena Gupta in her statement said that a woman constable was replaced for Sh. Prem Singh by the Dilshad Garden Police Station. However, Dr. D. P. Singh has denied this and stated that no woman constable was put as beat constable. According to Dr. D. P. Singh, the beat constable Sh. Prem Singh Bajwa was on duty for more than three months where as according to Dr. Meena Gupta, this particular beat constable was put on duty after IHBAS made a complaint against the local boys, a few days earlier.
RECOMMENDATIONS:
The hostel which has been accommodating the trainee nurses is unsafe for women to stay, especially when there are no fencing or enclosure. In fact, the broken boundary wall calls for anti-social elements to frequent the campus.
Security has to be tightened as the campus is spread out in a vast area.
The Nurses hostel building needs maintenance, as it is in a dilapidated conditions which is injurious to health conditions. The concerned Ministry to look into the state of affairs of IHBAS.
Disciplinary action may be initiated against the Beat Constable Sh. Prem Singh Bajwa for trespassing into the nurses' hostel accommodating women.
On receiving information on rape of a minor class VI student near Prime Minister’s residence at 7, Race Course Road, New Delhi. Delhi Commission for Women got further details from the Parliament Street Police Station. On 27th July, 2004, the girl along with her father, a retired Indian Air Force officer lodged an FIR No. 148/04 u/s 376/34 IPC at the Tugalakabad Police Station, New Delhi. The accused Amit and his accomplices Sanju have been arrested by the police. This case comes under the jurisdiction of CAW Cell (New Delhi District), Parliament Street, New Delhi.
The Commission has got the address of the victim from the CAW Cell, Parliament Street, New Delhi. On Saturday, the 31st July, 2004 at about 12 noon, a visit was made to the victims rented residence at Kotla Mubarik Pur by Member Mrs. Reny Jacob. First she met the landlord of theirs one Shri Bram Singh. He has a shop nearly to his residence house. According to him the tenants are moving from there soon.
On arrival I could meet only the victim’s brother Sh. Vikki Nayak. He said his sister has been sent to her uncle’s house in Suraj Kund. His mother has gone for work and father was not at home. He was reluctant to give more information. Ms. Reny Jacob offered all possible help to the victim and give the ‘Visiting Card’ to the brother and asked her sister and family members to come to the Commission for help and counselling.
Dr. Rajat Mitra of Swanchetan also was informed about the case of Ms. Reema Nayak for further counselling and follow up. A fax to this effect was sent to SWANCHETAN, which is placed on the file.
On receiving information on rape of a minor class VI student near Prime Minister’s residence at 7, Race Course Road, New Delhi. Delhi Commission for Women got further details from the Parliament Street Police Station. On 27th July, 2004, the girl along with her father, a retired Indian Air Force officer lodged an FIR No. 148/04 u/s 376/34 IPC at the Tugalakabad Police Station, New Delhi. The accused Amit and his accomplices Sanju have been arrested by the police. This case comes under the jurisdiction of CAW Cell (New Delhi District), Parliament Street, New Delhi.
The Commission has got the address of the victim from the CAW Cell, Parliament Street, New Delhi. On Saturday, the 31st July, 2004 at about 12 noon, a visit was made to the victims rented residence at Kotla Mubarik Pur by Member Mrs. Reny Jacob. First she met the landlord of theirs one Shri Bram Singh. He has a shop nearly to his residence house. According to him the tenants are moving from there soon.
On arrival I could meet only the victim’s brother Sh. Vikki Nayak. He said his sister has been sent to her uncle’s house in Suraj Kund. His mother has gone for work and father was not at home. He was reluctant to give more information. Ms. Reny Jacob offered all possible help to the victim and give the ‘Visiting Card’ to the brother and asked her sister and family members to come to the Commission for help and counselling.
Dr. Rajat Mitra of Swanchetan also was informed about the case of Ms. Reema Nayak for further counselling and follow up. A fax to this effect was sent to SWANCHETAN, which is placed on the file.
The Members Mrs. Geeta Saini, Ms. Abha Chowdhary and Mrs. Reny Jacob made a visit to Deen Dayal Upadhyay Hospital, Hari Nagar, New Delhi and met Dr. K. N. Srivastva, Medical Superintendent at around 10:30 a.m. on 02.08.2004.
The members discussed the treatment of the rape victim Ms. Nisha, a minor girl aged 10, D/o Sh. Ram Kishan Gupta, R/o- H. no. 643/1, Jal Vihar, Nangloi, New Delhi.
According to the Medical Supdt. Of DDU Hospital, Ms. Nisha was to get admitted for biopsy and pre anesthetic check this morning, before the operation to be performed on her.
Ms. Nisha has acute urinary tract infection and it appears her urethra has ruptured due to the injury occurred during rape on her. Though it is a minor surgery, being a child it is a delicate and sensitive area. Doctors are very concerned about her treatment and are fully cooperative. However, Ms. Nisha has not reported along with her mother to the pediatric/gynecology department this morning for performing the biopsy.
The Members after meeting Dr. K. N. Srivastva, Med. Suptd. waited for Ms. Nisha and her mother till about 11:30 a.m. at the Pediatric/G&D Department. The hospital authorities, especially Dr. Srivastva offered their full support, even with the expensive medical treatment and operation, provided the parents of Ms. Nisha cooperate with the hospital authorities. Dr. Srivastva was commenting about the callous nature of Nisha’s mother.
Earlier on Saturday, the 31st July, 2004 Ms. Abha Chowdhary and Ms. Geeta Saini visited Nisha’s house and offered counselling and encouraged her to come for treatment. Ms. Nisha’s mother promised to bring her child to the hospital on Monday, the 1st August, 2004 at 9: a.m. However, she did not turn up till 11:30 a.m. This case to be followed up.
The Member Mrs. Abha Chowdhary and Project Coordinator Mrs. Jyoti Chopra made a visit to CIC Centre, North-West District at Sampuran, 35, Basement, Headquarters, Binoba Kunj, Sector-9, Rohini, New Delhi and met Dr. Shobha Vijendra, President of Sampuran and Sh. Keshav Kumar, Coordinator on 02.08.2004. The DCW team also met their staff members.
Firstly, they have visited to Basti Vikas Kendra in Amar Jyoti Colony. BVK is running some vocational courses i.e. Hair Cutting, Skin Care, etc. Few trainees were also present in the centre. Secondly, DCW team visits to Maharana Pratap Community Hall, Near Rajapur Village, Delhi. They are working for legal aid, cutting & tailoring, child care and family counseling for legal aid. Ms. Asha Jain and Ms. Swati are incharge of this unit. Mostly cases were family disputes. Mrs. Abha Chowdhary and Ms. Jyoti Chopra have also discussed with Dr. Shobha Vijender who gave all elaborate accounts of all activities of the centre. She is very keen about her social activities and running these activities from different centres.
According to Ms. Shobha, President, Ms. Sangita Bansal, Advocate and two other ladies Ms. Kusum & Ms. Ishawari is dealing with the rape cases. They have allotted separate room in CAW Campus, North-West District is very wide in this district and 13 police stations are falling. Time of Ms. Sangita Bansal is Monday, Wednesday and Friday from 2:30 p.m. to 6:00 p.m. onwards for handling the cases.
Dr. Shobha is facing paucity of funds and wants some few aids from Delhi Commission for Women or the Government. The DCW Team are very much satisfied with function of the NGO and recommend for more financial help and also suggested the proposal and programme from Sampuran, an NGO.
August 16, 2004:
A surprise visit conducted by Delhi Commission for Women on 16.08.2004 at 11:30 a.m. to review the functioning of the CICs working in the South-West District of Delhi. Ms. Reny Jacob, Member accompanied by Ms. Jyoti Chopra, Project Coordinator.
August 19, 2004:
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Baby Sakeela was living in Lajpat Nagar from the age of five years. Her brother is in the Alipur Hotel. Her uncle Yakoob is at A-290, Budha Marg, Mandawali, Fazalpur, Delhi. His mobile No. is 9810729978. Address of Sakeela is village Hazipur Bhattola, P.O. Mundarvera, District Bulandshahar, U.P. Mother Sayara Begam and father Mohammad Hussain are in Uttar Pradesh. |
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Now, Baby Sakeela is working as a maid Servant in the house of Smt. Chanchal. Smt. Chanchal is also helping to Baby Sakeela. |
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One lady named Ms. Sunita Gupta aged approx. 30 years made arrangement for the marriage of Baby Sakeela with one man, Sh. Satish Kumar. He is working in a factory of Seat Belt. |
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Baby Sakeela was treated with cruelty by her husband and her in-laws. In the matrimonial house, she was raped by Kishan Kumar (elder brother of Sh. Satish Kumar) and his two friends Sh. Manoj and Sh. Subodh. |
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Presently Baby Sakeela is living with Smt. Chanchal. Baby Sakeela is now pregnant. She does not want to go with her husband in her matrimonial home. |
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According to Smt. Chanchal, Baby Sakeela was sold for Rs. 28000/- to Sh. Satish Kumar by Ms. Sunita Gupta and others. |
Smt. Abha Chowdhary and Smt. Geeta Saini, Members of the Commission to Capital Apartment, Flat No. 74, Block-2, Nasirpur, Dwarka, Najafgarh, Delhi and the case of Khattoon @ Khusboo came into their knowledge. They enquired about the lady Khusboo. The facts which come in the knowledge of the members of the Commission are as under: -
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Ms. Khusboo is 19 years old living at Nirmal Chhaya at present from five years. |
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Ms. Suman Gupta, Sweeper in Nirmal Chhaya aged 30 years arranged the marriage of Khusboo also with one man, Vinod Kumar on 10.06.2004 at Sagarpur, New Delhi. |
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It is alleged by Smt. Chanchal that Khusboo was also sold by Ms. Sunita Gupta and others for Rs. 25000/- besides the sale of Baby Sakeela for Rs. 28000/- by Sunita Gupta and others. It is alleged by Chanchal that there is a racket who is working in sale-purchase of the ladies and Sunita Gupta is a kingpin. Sunita Gupta’s mobile No. is 987405964 and Sunita’s sister, named Sheela is 36714342. |
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Khusboo is taking help from Smt. Chanchal. She is also two months pregnant. Khusboo does not want to stay with her husband due to his cruelty and misbehaviour. |
August 23, 2004:
A visit was made to Human Rights Law Network on 23.08.2004 by both members to discuss the functioning of this centre. We met Ms. Aparna Bhat, Sr. Director but since she was rushing to attend a court case, we met the counsellor Ms. Sampurna who is dealing with the rape cases referred by the police. According to Ms. Sampurna, this organization had already being looking into the legal aspects of rape cases from West and South-West Districts of Delhi but only started working as a CIC Central District of Delhi since February 2004. They deal with the rape case registered in Central Delhi and about 3-4 cases are registered in a month. The NGO is informed about a case after the FIR has been registered and the counsellor then accompanies the victim. The medical is done in Hindu Rao Hospital and Aruna Asaf Ali Hospital. According to Sampurna, the doctors are not at all co-operativa and delay in doing the MLC report which is not written properly. This NGO has been helping victims in counselling as well as in their rehabilitation. Financially also they are getting help from the Crime Victim’s Welfare Fund in West District. This NGO has also been helping in sending legal help to the public prosecutor in rape cases. Ms. Sampurna told us that they accompany the police when a rape is reported at night also. The police have been providing them with transport. For psychological counselling, they take the help of Sarthak, an NGO.
We recommend this NGO to be ‘legal aid’ organization for rape and other victims of violence and represent the Commission/victim on behalf of the Commission.
The NGO can also be on the panel of lawyers to be formed by the Commission for rendering legal help in all the districts of Delhi.