‘Appalling Neglect’: Women’s Body Submits Memorandum to NHRC Over Kanpur Shelter Home Case

The All India Democratic Women’s Association has pointed to the rampant misinformation, flawed testing and glaring POCSO violations that media reports point to.

New Delhi: The All India Democratic Women’s Association on Wednesday submitted a memorandum to the National Human Rights Commission chairperson on the situation in the Kanpur girls’ shelter home where 57 children have been found to be COVID-19 positive, seven of them pregnant, and one each infected with HIC and Hepatitis C. The shelter home is run by the Uttar Pradesh government.

The memorandum takes note of the notice issued suo motu by NHRC to Uttar Pradesh DGP and chief secretary regarding the blithe disregard for children’s health and wellbeing at the Rajkiya Bal Sanrakshan Griha, Kanpur.

It was submitted by AIDWA vice-president Subhashini Ali, Kanpur District Committee president Neelam Tiwari and the district committee’s secretary Sudha Singh.

Also read: Kanpur: 57 Girls at Children’s Shelter Home Test COVID-19 Positive, 5 of Them Pregnant

A press release issued by AIDWA notes that members met with senior superintendent of police Dinesh Kumar and requested a serious investigation into the running of the home, with special attention to ensure that evidence was not tampered with by the home’s management. The association also met the Commissioner of the Kanpur Division, Dr. Sudhir M. Bobde, whom they asked to ascertain whether the pregnant girls had been told that they had the legal right to demand an abortion and whether they had been receiving regular check-ups.

There are several issues, said the members, pertaining to the matter, which point to the “extreme neglect of the state government.”

Key among the problems is the fact that coupled with overall neglect in quarantining the COVID-19 patients, the home has been glib in managing the futures of minor girls who have been POCSO victims, many of whom have given birth. The statement points to the particular and appalling neglect shown towards mentally-challenged girls and demands attention to both the particular situation and the general crisis at work in the home.

The highlighted issues are:

“1. On June 14, one inmate was found to be COVID-19 positive after five inmates were subjected to a ‘random’ test. (Here it must be mentioned that there are several versions of how the presence of the virus was discovered.) What is irrefutable – and this has been pointed out by Shuchita Chaturvedi, Member State Child Welfare Commission, yesterday during her visit to Kanpur – is that even after one child was found positive on June 14, the others were not quarantined. This is unforgivable.

2. The home is extremely over-crowded. It is supposed to accommodate about 100 minors but there are at least 171.  There are only 9 toilets. In such a situation, especially when sanitary conditions leave much to be desired, it is not surprising that the virus spread in the way that it did.  

3. Many young, mentally-challenged minors, several of them rape victims, are also lodged here. They have delivered babies and, we have been told, they are not able to look after them so they are looked after by the other inmates, some of whom are 10 and 12 years of age. It is shocking that these mentally challenged pregnant minors were not helped to access abortions. What is going to be the fate of their children and the mothers is beyond our imagination.  

4. As far as the seven pregnant girls of whom five are COVID-19 positive are concerned, the reports of their being infected with HIV and Hepatitis C are now being denied.

It is a fact, however, that earlier reports had given this information. Even the Notice sent by your Commission to the UP officers mentions one inmate being HIV positive. Today’s Amar Ujala reports that after being found to be COVID-19 positive, they were sent to the Rama Medical College (Mandhana) where their being pregnant was established. 

How is it that the Home Administration did not reveal this important fact?  After this, they were shifted to the Maternity Hospital and here the Screening Test showed one to be HIV positive and the other to be Hepatitis C positive.  Subsequently, their samples were sent to the Microbiology Lab of the Medical College and the results came negative for both. The point is that the administration of the home was not able to give any information regarding the health status of the pregnant girls which is strange since they should have been examined by a gynaecologist every month.”

 

Kanpur: 57 Girls at Children’s Shelter Home Test COVID-19 Positive, 5 of Them Pregnant

Another minor is HIV positive. The authorities have sought to clarify that the girls were pregnant when they arrived at the home.

Kanpur: Fifty-seven girls at a state-run children’s shelter home in Uttar Pradesh’s Kanpur district have tested positive for COVID-19, with five of them found to be pregnant, an administration official said on Sunday.

Two other girls in the shelter home, who are also pregnant, have tested negative for the virus, he said. Another minor is HIV positive.

The National Human Rights Commission has issued notices to the Chief Secretary and Uttar Pradesh police DGP over news reports of the discovery.

“The five pregnant girls, who have been found COVID-19 positive, were referred by the Child Welfare Committees of Agra, Etah, Kannauj, Firozabad and Kanpur under the POCSO Act. Two other pregnant girls have tested negative for COVID-19. The seven girls were pregnant at time, when they came to the shelter home,” Kanpur DM Brahma Dev Ram Tiwari told reporters.

The district magistrate added that two girls are undergoing treatment at LLR Hospital in Kanpur, while three others are undergoing treatment at private hospital.

Also read: Muzaffarpur Shelter Home Case: Caravan Report Finds CBI Protected Senior Politicians

An investigative report by India Today found that the first case of COVID-19 was detected at the home on June 15. Two days later, 33 more tested had tested positive for coronavirus.

The report said that the shelter home, built for 100 girls, housed 171 of them, making social distancing very difficult.

Priyanka, Akhilesh demand probe

A day after news of the Kanpur shelter home broke, Uttar Pradesh Chief Secretary Rajendra Kumar Tiwari on Monday issued orders for implementation of all precautions necessary to check the spread of COVID-19 in women’s shelter homes, orphanages and juvenile homes in the state.

In a Facebook post, Congress leader Priyanka Gandhi Vadra attacked the BJP government in Uttar Pradesh.

“The entire story of the Muzaffarpur shelter home case is in front of the country. Such a case had also come to light in Deoria in UP,” Priyanka Gandhi said.

In this scenario, such an incident again coming out shows that everything is suppressed in the name of investigations, but very inhuman incidents are taking place in government child protection homes, she said.

Samajwadi Party chief Akhilesh Yadav on Monday demanded a probe into the alleged physical exploitation of girls at the state-run shelter home.

“The news from the government child protection home in Kanpur has created outrage in Uttar Pradesh. There has been a disclosure of some girls being pregnant. Fifty-seven have been found to be suffering from coronavirus and one from AIDS. They should be treated immediately,” Yadav said in a tweet in Hindi.

Delhi Court Convicts Brajesh Thakur, 18 Others in Muzaffarpur Shelter Home Case

Former MLA of Bihar People’s Party Brajesh Thakur and 18 others have been convicted for sexual and physical assault on several girls in a Muzaffarpur shelter home.

New Delhi: A Delhi court on Monday convicted Brajesh Thakur and 18 others for sexual and physical assault on several girls in a Muzaffarpur shelter home.

Additional Sessions Judge Saurabh Kulshreshtha convicted Thakur for aggravated sexual assault under the POCSO Act and gang rape.

The court acquitted one of the accused in the case.

The shelter home was run by Thakur, former MLA of the Bihar People’s Party (BPP).

The accused included 12 men and eight women.

The matter had come to light after the Tata Institute of Social Sciences (TISS) submitted a report to the Bihar government on May 26, 2018, highlighting the sexual abuse of minor girls in the shelter home for the first time.

Muzaffarpur Shelter Home Case: Court Defers Judgment due to Lawyers’ Strike

The CBI had told a special court that there was enough evidence against all the 20 accused in the case.

New Delhi: A Delhi court on Thursday deferred by a month its judgment in the case of alleged sexual and physical assault of several girls at a shelter home in Bihar’s Muzaffarpur.

Additional Sessions Judge Saurabh Kulshreshtha deferred the verdict till December 12 as 20 accused, who are currently lodged in Tihar central jail, could not be brought to court premises due the ongoing lawyers’ strike in all six district courts in the national capital.

Former Bihar People’s Party MLA Brajesh Thakur is the prime accused in the case.

The court had reserved order on September 30 after final arguments by the CBI counsel and 11 accused in the case in which former Bihar Social Welfare Minister and the then JD(U) leader Manju Verma also faced flak as allegations surfaced that Thakur had links with her husband.

She had resigned from her post on August 8, 2018.

The CBI had told a special court that there was enough evidence against all the 20 accused in the case.

Although the verdict has been listed for Thursday, the lawyers’ strike in all the six district courts here, following the recent clash between the police and advocates, is yet to be called off.

The accused in the case have claimed that the CBI had not conducted “fair investigation” in the case, which has been registered under provisions of the Protection of Children from Sexual Offences (POCSO) Act and entails life imprisonment as the maximum punishment.

Additional Sessions Judge Kulshreshtha, during the in-camera trial, concluded the arguments in the case which had begun on February 25 this year.

The case was transferred on February 7 from a local court in Muzaffarpur in Bihar to a POCSO court at Saket district court complex in Delhi on the Supreme Court’s directions.

Also Read: SC Refuses to Stay Interim Protection Granted to Anand Grover, Indira Jaising

During the trial, counsel for the CBI told the court that the statements of minor girls, who were allegedly sexually assaulted, point to the fact that there was enough evidence against all the accused and they should be convicted.

The matter had come to light following a report by the Tata Institute of Social Sciences (TISS).

The TISS report was given to the Bihar government on May 26, 2018, highlighting the alleged sexual abuse of minor girls in the shelter home for the first time.

On May 29 last year the state government shifted the girls from the shelter home to other protection homes. In May 31, 2018, FIR was lodged against the 11 accused in the case.

The top court had on August 2 taken cognisance of the alleged sexual assaults of minor girls in Muzaffarpur’s shelter home and transferred the probe to the CBI on November 28.

SC Gives CBI 3 Months to Finish Muzaffarpur Shelter Home Probe

Several girls were sexually and physically assaulted at an NGO-run shelter home in Muzaffarpur.

New Delhi: The Supreme Court on Monday granted three months time to the CBI to complete its probe, including into the murder aspect, in the Muzaffarpur shelter home case.

Several girls were sexually and physically assaulted at an NGO-run shelter home in Muzaffarpur and the issue had come to light following a report by the Tata Institute of Social Sciences (TISS).

A vacation bench comprising Justices Indu Malhotra and M.R. Shah directed the CBI to also investigate allegations of unnatural sexual assault under section 377 of the Indian Penal Code and probe video recordings of the assault on girls at the shelter home.

The bench asked the probe agency to also investigate the role of outsiders who were involved and facilitated sexual assaults of inmates after administering them intoxicants.

The apex court directed the CBI to submit its report before it within three months in the case.

CBI Files Chargesheet in Muzaffarpur Shelter Home Sex Abuse Case

The CBI confirmed that the girls were subjected to sexual abuse and invoked the Protection of Children from Sexual Offences (POCSO) Act against the accused.

Muzaffarpur (Bihar)/New Delh: The CBI on Wednesday filed a voluminous chargesheet in the Muzaffarpur shelter home case in which over 30 inmates were allegedly sexually abused.

Brajesh Thakur, owner of the NGO which ran the home, and around 20 people were named as accused.

The agency filed its chargesheet against Thakur, his employees, his associate Shaista Parveen and a government officer Rekha Rani before a special court.

Special POCSO judge R.P. Tiwari directed the probe agency to prepare a summary of the chargesheet, which ran into several hundred pages, in order to facilitate further hearing.

The CBI confirmed that the girls were subjected to sexual abuse and invoked the Protection of Children from Sexual Offences (POCSO) Act against the accused.

It also dealt with alleged violation of rules, aiding and abetting the heinous crimes against the girls, criminal conspiracy and other charges, sources in the investigative agency said.

More serious offences like murder, rape, involvement of people who were part of exploitation racket, will be chronicled in a future chargesheet, the sources added.

They said identification of the perpetrators, alleged abusers and others, is a time consuming process as the victims, who are in shock and trauma, are not being examined by the CBI, but by experts from the National Institute of Mental Health and Neuro Sciences (NIMHANS).

It is important that they are interviewed and counselled by experts because of the sensitive nature of the case, their age and the trauma they bore for years, the sources said.

The chargesheet will ensure that the arrested persons may be kept behind bars by the courts, as they will not be able to seek bail for the want of chargesheet even after 90 days of their arrest.

The agency has alleged that the then assistant director of the state social welfare department Rekha Rani had known about the abuse at the NGO-run shelter home, but did not act, sources said.

Parveen’s house was allegedly used by Thakur’s aides for abusing the girls, they said.

The development comes a week after the CBI told the Supreme Court, which is monitoring the investigation, that its chargesheet in the case was ready but the agency was “discussing whether to file a consolidated final report or have a separate one on each victim”.

The abuse at the shelter home called ‘Balika Grih’, run by Brajesh Thakur’s NGO Seva Sankalp Evam Vikas Samiti, came to light earlier this year after a social audit by the Mumbai-based Tata Institute of Social Sciences.

During initial investigation by police, all the inmates were made to undergo medical tests which confirmed that about 30 of them, all minor girls, had sexual intercourse.

The investigation was handed over to the Central Bureau of Investigation (CBI) by the Nitish Kumar government on July 26.

Besides Thakur, who is lodged in a jail in Patiala, others accused include his employees, many of them women and some of his relatives.

The shelter home’s building was demolished after it was found that the structure was raised in violation of the approved plan.

Meanwhile, a notice was affixed on the premises of Thakur’s residence, situated adjacent to the building, directing his wife Asha and son Rahul Anand to appear before the Enforcement Directorate (ED) office at Patna next week.

A case of money laundering was lodged against Thakur a couple of months ago, based on a report received by the ED regarding his assets from the economic offences unit of the Bihar police.

Muzaffarpur Shelter Abuse Case: SC Hauls Up Bihar Police For Not Arresting Manju Verma

“Fantastic! The cabinet minister (Manju Verma) is on the run, fantastic. How could it happen that the cabinet minister is absconding and nobody knows where she is,” the court said.

New Delhi: The Supreme Court today displayed incredulity when it came down on heavily on the Bihar police for its failure to arrest former Bihar cabinet minister Manju Verma for her involvement in the Muzaffarpur shelter home sex abuse scandal.

“Fantastic! The cabinet minister (Manju Verma) is on the run, fantastic. How could it happen that the cabinet minister is absconding and nobody knows where she is? Do you realise the seriousness of the issue that the cabinet minister is not traceable? It’s too much,” Justice Madan B. Lokur said.

Summoning the Director General of Bihar Police to appear before the apex court on November 27 if the police fails to arrest the former social welfare by then, the court, expressing its concern at the state of shelter homes in Bihar, has also asked that the chief secretary appear before it on the same day and personally explain “why action was not taken against 14 other shelter homes, against which, cases of torture and sexual abuse of girls, were reported by the Tata Institute of Social Sciences”.

Also read: To Revamp Shelter Homes, First Address Systemic Issues That Make Women Homeless

Over 34 girls were allegedly sexually abused in the state-run home run by NGO Seva Sankalp Evam Vikas Samiti.

Since the case has landed in the Supreme Court, the court has asked non-stop about why the Bihar police s finding it impossible to arrest Verma, imploring whether a former minister is above the law and whether it is the Bihar government as a whole that must be blamed.

A non-bailable warrant was issued against Verma on November 1 under the Arms Act. During a police raid in August in connection to the Muzaffarpur shelter home, over 50 live cartridges were found.

Jan Adhikar Party supporters protest against Bihar’s Social Welfare Department Minister Manju Verma.

Jan Adhikar Party supporters protest against Bihar’s Social Welfare Department Minister Manju Verma. Credit: PTI

On May 30, 44 girls were rescued from a shelter on Muzaffarpur’s Sahu Road following allegations of sexual abuse. The stories that poured out were of abortions, murder and repeated rape. It was reported that the girls were given sedatives and were raped when they were unconscious and even beaten when they did not submit to the demands of their abusers.

At the time, DSP Mukul Ranjan had said that police had seized condoms, medicines and registers from the shelter home’s premises. The registers contained bank account information and admission details of the women lodged in the home.

The NGO’s owner, Brajesh Thakur, and ten others implicated in the cases, have been arrested so far. On October 30, the Supreme Court, while asking yet again why Verma had not been arrested, directed that Thakur be shifted to the Patiala high-security jail in Punjab from Bihar’s Badarpur jail.

In September, the Supreme Court had revoked the Bihar high court order which enacted a blanket ban on all media reporting regarding the case.

The alleged sexual exploitation of the girls was first highlighted in an audit report submitted by the Tata Institute of Social Sciences (TISS) to the state’s social welfare department.

(With inputs from PTI)

To Revamp Shelter Homes, First Address Systemic Issues That Make Women Homeless

Without larger systemic shifts outside, shelter homes, meant to be temporary and restorative arrangements, will not shelter residents from violence but reproduce it inside.

A series of exposé of sexual abuse in shelter homes for girls and women has finally driven public attention towards these institutions. This heightened interest in shelter homes is overdue and welcome. The slew of public audits that have followed shall hopefully uncover gaps and lead to lasting change that ends the neglect faced by both these institutions and their residents.

However, while audits will tell us what is happening inside shelter homes, we need to also acknowledge and fix what happens outside. After all, shelters are meant to be temporary and restorative arrangements. Without the larger systemic shifts outside, these ‘homes’ will not shelter residents from violence but reproduce it inside, à la Muzaffarpur.

Prevention of violence

Even as our immediate focus is to make shelter homes safe and useful, let us also attempt to create conditions whereby girls and women are not rendered homeless. In other words, the starting point of a serious reflection on shelter homes is to tackle our pervasive cultures of violence.

Thankfully, this does not need the reinvention of the proverbial wheel, especially after the Justice Verma Committee’s report gave holistic analyses and recommendations. If only we begin to view violence against women as structural, and not only as episodes or acts of physical and/or sexual violence.

In reality, each such episode or act of violence is harboured, triggered and normalised by the systematic and even subtle or invisible ways in which women are disadvantaged. It is structural violence that makes women reject or quit paid employment, glorify their sacrifice and then encourage more women to follow suit. For lakhs of women, especially from lower-income groups, financial dependence is often a leap into the spiral of violence, exploitation and distress.

Besides, it is not as if only girls and women living inside shelters are survivors of violence. There is a universe of survivors living outside, in their natal or marital homes, with their families who deny them their right to choose, those who suffer marital rape, abuse and/or discrimination in silence. So, as auditors, we cannot disregard the norms and social arrangements that are the bases of everyday and life-long discrimination girls and women face. Where sexism and patriarchy pass as tradition or custom, violence against girls and women becomes ‘culture’.

Safety nets or traps?

The other aspect that needs a rethinking is our idea of shelter homes. Shelters for women, for example, are mostly designed and run on the lines of custodial spaces that offer food and accommodation in exchange for mobility. In fact, many shelter homes for women keep and refer to their residents as ‘inmates’, as if they were convicts who need to be locked within the premises of the shelter. The issue is not limited only to semantics but to perceptions and operating procedures as well. There are of course those residents who face threats to their lives and therefore need protection, but do we need to suspend or suspect the autonomy of all adult residents in the name of protection? Thinking about residents’ mobility and autonomy shall help end their social isolation and let their voices be heard outside these institutions.

The shelter home in Deoria. Credit: PTI

A shelter home in Deoria where several residents were reportedly raped. Credit: PTI

The other way to end the opacity of shelter homes is to allow select and bona fide individuals into these homes from time to time. Very often, access to residents of shelter homes is difficult, if not impossible, because the management or staff of these homes have concerns over the safety, privacy and confidentiality of residents and their accounts.

However, these legitimate concerns can sometimes be used by certain errant shelter homes to keep up the shroud of secrecy that exists around these sites. There exist sensitive and ethical guidelines and mechanisms that can be put in place to end the seclusion of survivors living in shelter homes, allowing them to speak to us directly. Such strategies can generate greater public knowledge about issues faced both by residents and shelter homes, and perhaps lead to enhanced mobilisation of resources and better services. Thus, instead of being isolated sites of loneliness and conflict, shelter homes can create windows of curated, meaningful exchange between their residents and a select cohort of experts and Samaritans.

The life after

For the duration of time that a survivor of violence spends at the shelter home, the work outside also involves fast-track and seamless coordination between different agencies to ensure she gets her entitlements and more. A range of psychosocial, educational or livelihood-related services is required to help restore the survivor as close as possible to independent living. When she is ready to step out into the world she had escaped from for the shelter, what about the next roof over her head? Rehabilitation cannot and should not always involve going back to a family/circumstance that was violent or unbearable, to begin with. Affordable and long-term housing, including working women’s hostels, are needed simultaneously, along with the rather difficult conversation around property rights for women. Are we there yet?

So, let us not wait to know of sensational violence to plan our response. We already know how neglected these supposed ‘homes’ are: findings and recommendations from earlier news/audit reports – however erratic and dated – have hardly been acted upon, if at all. For example, the perpetual staff and fund crunch at shelter homes is well known. So is the lack of mental health care or rehabilitation efforts, both of which are serious human rights violations.

Revamping shelter homes requires different tools – a zoom lens for the inner story and a wide-angle for the one outside. As we wait for the audits to report what they saw, let’s reflect and act upon what we can already see.

Amrita Nandy is an author and researcher who is currently leading a five-state study on shelter homes for women.

Muzaffarpur Case: Plea Filed in SC Against HC Order Restraining Media Coverage

The petition has alleged that the Patna high court order was “patently erroneous” as it amounted to imposing a “blanket ban” on the media reporting in the case.

New Delhi: A petition was filed on Wednesday in the Supreme Court challenging a Patna high court order restraining the media from reporting the investigation into the case of Muzaffarpur shelter home where several women were allegedly raped and sexually abused.

The plea, which has sought a stay on the operation of the high court’s August 23 order, has alleged that the order was “patently erroneous” as it amounted to imposing a “blanket ban” on the media reporting in the case.

“The high court was not justified in ignoring that the effect of the impugned order was a gross infarction of the fundamental right of the people to know and freedom of the press which is guaranteed under the Constitution,” the plea, filed through advocate Fauzia Shakil, said.

The Patna high court, which has been monitoring the probe into the Muzaffarpur shelter home case, had on August 23 expressed displeasure over the leak of details of the investigation and asked the media to refrain from publishing it as it could be detrimental to the probe.

The incident of alleged rape and sexual assault of women over a period of time in the NGO-run shelter home at Muzaffarpur had come to light after a social audit was conducted by the Mumbai-based Tata Institute of Social Sciences (TISS).

In the plea filed before the apex court, the petitioner, a journalist, has claimed that there was no material before the high court to come to a conclusion that media reporting may hamper the ongoing investigation in the case.

“The high court committed an error in appreciating that the blanket ban had a chilling effect and is a direct assault on the rights of the public at large as also the rights of the fourth estate under Article 19(1)(a) of the Constitution,” the plea has said.

The petitioner has also said that it was because of the pro-active role of the media that the “shocking incident” was exposed and imposing a blanket ban on reporting the probe into the case was “arbitrary”.

“The impugned order is erroneous since it ignores that the reporting of follow up affirmative state action against its own establishment has a positive effect on the minds of the public at large and more particularly encourages similarly situated victims, who may still be living harrowing experiences as victims of such undisclosed crimes to come forward and report similar incidents,” it said.

The plea has also said that because of media reporting in the Muzaffarpur case, boys at a juvenile home at Arrah in Bihar had gathered courage and complained to their parents about physical and sexual abuse there.

“The impugned order is erroneous since the high court failed to appreciate that news is perishable. A prohibition on the right of the press to report in time amounts to a corresponding prohibition on the right of the public to know in time and this results in an immediate deprivation of the fundamental rights. It also has the effect of reducing news to a mere historical effect,” the plea has said.

The apex court had earlier taken cognisance of the incident after a letter was written by Patna-resident Ranvijay Kumar highlighting the issue of repeated interviews of the alleged victims of Muzaffarpur shelter home being published and aired.

Over 30 girls were allegedly raped at the shelter home run by Brajesh Thakur, the chief of the state-funded NGO. The alleged sexual exploitation of the girls was first highlighted in an audit report submitted by TISS to the state’s social welfare department.

An FIR was lodged against 11 people, including Thakur, on May 31. The probe has now been taken over by the CBI.

The sexual abuse of 34 of the 42 inmates was confirmed in their medical examination.

The TISS audit report had said that many girls at the shelter home had complained of sexual abuse. A special investigation team was formed to probe the complaints.

The NGO running the shelter home in Muzaffarpur was blacklisted and the girls were shifted to shelter homes in Patna and Madhubani.

Women staff members of the shelter home and Thakur were among those who were arrested by the police in connection with the case.