Gurgaon Molestation Updates | Joint Representation to NCW & NCST

North East Support Centre & Helpline
B-123, 2nd Floor, Amar Colony, Lajpat Nagar IV, New Delhi 110024.
nesupportcentre@gmail.com, www.nehelpline.net

Joint Representation

Ms Girija Vyas
Chairperson, National Commission for Women
New Delhi, December 16, 2008.

Re: Landlord’s sexual assault and severe beating of two Tribal women belonging in Sikandapur, DLF Phase I, Gurgaon and the Police Officer on Duty Tempered the Complaint given by the victims - FIR No. 196 of 2008 dated 13.12.2008 Police Station DLF, District Gurgaon, Haryana u/s 323, 452, 506 and 34 of IPC.

We are writing to you in some distress on an urgent matter relating to the plight of tribal women, specially those from the North Eastern States, who work in National Capital Region, and particularly in NOIDA [Uttar Pradesh], Faridabad and Gurgaon [Haryana]. Thousands of educated girls from Manipur, Meghalaya, Mizoram, and Nagaland who come to work in Call Centers and the IT industry in these cities are facing the plight of sexual assault. They live in small groups, and often alone, and are subject of much harassment in areas of residence and the workplace. The North East Support Centre & Helpline was founded in New Delhi a year ago by concerned NGOs to assist such girls in distress and in danger of physical and psychological harm.

The NE Support Centre & Helpline on Saturday, 13th December 2008, was brought to the attention the following case which we are submitting to the N C W for your urgent attention and action. Two tribal girls from Manipur were molested by their landlord Kishan Yadav, a resident of Sikandarpur, DLF Phase I, Gurgaon, Haryana and later he along with two other men severely beaten the girls. Police office on duty tempered the statement written by the victims and refused to register the complaint under the relevant sections of the penal code pertaining to molestation and sexual assault and under the SC/ST (Prevention of Atrocities) Act.

In brief, the case is as follows:

Mary and Daisy are from Manipur, were working in BPO in Chandigarh and came few days ago to Gurgaon in search of new jobs. They have rented a room belonging to Kishan Yadav of Sikandarpur, DLF Phase I, Gurgaon, Haryana on December 11, 2008. However, after shifting the belongings, they spent the 11th night at their friend’s as the rented needed cleaning. On 12th December 2008, the first night they spent at the rented room at wee hour around 2 AM on December 13, 2008, Kishan Yadav in drunken state forcibly entered the rooms where both of these girls were sleeping and molested them. When they fought back and raised alarm against the misdeeds of Kishan Yadav along with two other men, together severely beaten the two girls with thick sticks, fists and kicked them. Both sustained serious injuries and was hospitalized in Sri Ram Hospital, Sikandrapur, DLF Phale I, Gurgaon, Haryana. Daisy was hospitalized for two days and Mary was hospitalized for 1 day and half.

The girls dialed 100 repeatedly 3 times, however there was no response. The incident/matter was informed to the local police station but the Sub-inspector Mr. Aberaj tempered with the complaint written by Ms. Mary in her critical condition. In her complaint, she wrote in detail of the sexual and physical assault and to book the culprit under SC/ST (Prevention of Atrocities) Act 1995. The S.I. Mr Aberaj, with his own hand cut the important lines regarding the assault. When the girls protested, the afore-said S.I. retorted that otherwise the FIR will not be registered. It is to be appreciated that the girls were in traumatic conditions, suffering with injuries and with no support system and to make the situation worse, the police threatening them, when the FIR was registered. Mr. Madhu Chandra, Spokes Person of North East Support Centre & Helpline repeatedly pleaded the S.I. Mr. Aberaj to take down the complaint exactly as given by the victims. However, the request was not heeded. Mr. Aberaj also harassed the North East student leaders who came to help the victims. They were not allowed to help the victims in the hospital.

Later Mr. Madhu Chandra spoke to the Additional Deputy Commissioner of Police, Gugoan Mr. Sumit Kuhar, and reported about Mr. Aberaj tempering the written complaint given by the victims. Mr. Sumit Kumar assured Mr. Madhu Chandra to instruct his junior police officers on duty to take the proper complaint from victims. Till now, it is not done.

Now a copy of FIR No. 196 of 2008 dated 13.12.2008 Police Station DLF, District Gurgaon, Haryana u/s 323, 452, 506 and 34 of IPC is given to the victims without the relevant sections of IPC for offences of molestation , sexual assault and under the SC/ST ( Prevention of atrocities) Act 1995. There is a deliberate intention of the concerned police officer on duty for tempering with the complaint in order to not make out a sexual assault case as well as under the SC/ST (Prevention of Atrocities) Act 1995. The reason is best known to him only.

Take note that because the offence is made out as bailable, the accused are already released on bail.

The matter is far more serious than is made out to be by the police and deserves the intervention of your good office, the National Commission for Women in this particular case.

We also request that the NCW make a survey of working women in Haryana and devise steps, in conjunction with the police and the government, to ensure the safety and security of the working women from distant parts of India. We must mention that we did not find a single woman police at the Gurgaon police station.

We also appreciate your intervention in a similar case which happened exactly a year ago under the same police station, where a landlord molested a 17 year old tribal girl from Manipur, which case (FIR No. 552 of 2007 Police Station DLF, District Gurgaon, Haryana u/s 354, 376, 511 IPC sec 3-33-89 Sc/St Act) is pending under the same police station.

We are confident that your good office will treat this representation urgent and worthy to intervene and pursue the same.


Ms. Lansinglu Rongmei,
Adv.President,
North East Support Centre & Helpline

Mr. Madhu Chandra
Spokes Person
North East Support Centre & Helpline

Mr. Thanglemlian
Chairman
Vaiphei Welfare Association, Delhi

Mr. K. Ginkhanthang
President
Young Paite Association, Joint H.Q. Delhi

Mr. Thangkhanlal Ngaihte
Convener
Zomi Human Rights Foundation
Delhi Cell

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North East Support Centre & Helpline
B-123, 2nd Floor, Amar Colony, Lajpat Nagar IV, New Delhi 110024.
nesupportcentre@gmail.com, www.nehelpline.net

Joint Representation

Ms. Urmila Singh
Chairperson
National Commission for Scheduled Tribes
Loknayak Bhavan
Khan Marget
New Delhi

December 16, 2008

Re: Landlord’s sexual assault and severe beating of two Tribal women belonging in Sikandapur, DLF Phase I, Gurgaon and the Police Officer on Duty Tempered the Complaint given by the victims - FIR No. 196 of 2008 dated 13.12.2008 Police Station DLF, District Gurgaon, Haryana u/s 323, 452, 506 and 34 of IPC.

We are writing to you in some distress on an urgent matter relating to the plight of tribal women, specially those from the North Eastern States, who work in National Capital Region, and particularly in NOIDA [Uttar Pradesh], Faridabad and Gurgaon [Haryana]. Thousands of educated girls from Manipur, Meghalaya, Mizoram, and Nagaland who come to work in Call Centers and the IT industry in these cities are facing the plight of sexual assault. They live in small groups, and often alone, and are subject of much harassment in areas of residence and the workplace. The North East Support Centre & Helpline was founded in New Delhi a year ago by concerned NGOs to assist such girls in distress and in danger of physical and psychological harm.

The NE Support Centre & Helpline on Saturday, 13th December 2008, was brought to the attention the following case which we are submitting to the N C W for your urgent attention and action. Two tribal girls from Manipur were molested by their landlord Kishan Yadav, a resident of Sikandarpur, DLF Phase I, Gurgaon, Haryana and later he along with two other men severely beaten the girls. Police office on duty tempered the statement written by the victims and refused to register the complaint under the relevant sections of the penal code pertaining to molestation and sexual assault and under the SC/ST (Prevention of Atrocities) Act.

In brief, the case is as follows:

Mary and Daisy are from Manipur, were working in BPO in Chandigarh and came few days ago to Gurgaon in search of new jobs. They have rented a room belonging to Kishan Yadav of Sikandarpur, DLF Phase I, Gurgaon, Haryana on December 11, 2008. However, after shifting the belongings, they spent the 11th night at their friend’s as the rented needed cleaning. On 12th December 2008, the first night they spent at the rented room at wee hour around 2 AM on December 13, 2008, Kishan Yadav in drunken state forcibly entered the rooms where both of these girls were sleeping and molested them. When they fought back and raised alarm against the misdeeds of Kishan Yadav along with two other men, together severely beaten the two girls with thick sticks, fists and kicked them. Both sustained serious injuries and was hospitalized in Sri Ram Hospital, Sikandrapur, DLF Phale I, Gurgaon, Haryana. Daisy was hospitalized for two days and Mary was hospitalized for 1 day and half.

The girls dialed 100 repeatedly 3 times, however there was no response. The incident/matter was informed to the local police station but the Sub-inspector Mr. Aberaj tempered with the complaint written by Ms. Mary in her critical condition. In her complaint, she wrote in detail of the sexual and physical assault and to book the culprit under SC/ST (Prevention of Atrocities) Act 1995. The S.I. Mr Aberaj, with his own hand cut the important lines regarding the assault. When the girls protested, the afore-said S.I. retorted that otherwise the FIR will not be registered. It is to be appreciated that the girls were in traumatic conditions, suffering with injuries and with no support system and to make the situation worse, the police threatening them, when the FIR was registered. Mr. Madhu Chandra, Spokes Person of North East Support Centre & Helpline repeatedly pleaded the S.I. Mr. Aberaj to take down the complaint exactly as given by the victims. However, the request was not heeded. Mr. Aberaj also harassed the North East student leaders who came to help the victims. They were not allowed to help the victims in the hospital.

Later Mr. Madhu Chandra spoke to the Additional Deputy Commissioner of Police, Gugoan Mr. Sumit Kuhar, and reported about Mr. Aberaj tempering the written complaint given by the victims. Mr. Sumit Kuhar assured Mr. Madhu Chandra to instruct his junior police officers on duty to take the proper complaint from victims. Till now, it is not done.

Now a copy of FIR No. 196 of 2008 dated 13.12.2008 Police Station DLF, District Gurgaon, Haryana u/s 323, 452, 506 and 34 of IPC is given to the victims without the relevant sections of IPC for offences of molestation , sexual assault and under the SC/ST ( Prevention of atrocities) Act 1995. There is a deliberate intention of the concerned police officer on duty for tempering with the complaint in order to not make out a sexual assault case as well as under the SC/ST (Prevention of Atrocities) Act 1995. The reason is best known to him only.

Take note that because the offence is made out as bailable, the accused are already released on bail.

The matter is far more serious than is made out to be by the police and deserves the intervention of your good office, the National Commission for Scheduled Tribes in this particular case.

We also request that the NCST make a survey of working women in Haryana and devise steps, in conjunction with the police and the government, to ensure the safety and security of the working women from distant parts of India. We must mention that we did not find a single woman police at the Gurgaon police station.

We are confident that your good office will treat this representation urgent and worthy to intervene and pursue the same.

Ms. Lansinglu Rongmei,
Adv.President,
North East Support Centre & Helpline

Mr. Madhu Chandra
Spokes Person
North East Support Centre & Helpline

Mr. Thanglemlian
Chairman
Vaiphei Welfare Association, Delhi

Mr. K. Ginkhanthang
President
Young Paite Association, Joint H.Q. Delhi

Mr. Thangkhanlal Ngaihte
Convener
Zomi Human Rights Foundation
Delhi Cell