Memorandum to Home Minister on 15th Jan.2013
Date: 15th Jan.2013
The Union Minister for Home Affairs,
Government of India
Dear Shri Shinde ji,
Thank you for meeting our delegation on the issues concerning the rape victims from Haryana. We brought to your notice 11 specific cases with the details given in the memorandum submitted by the Akhil Bharatiya Janwadi Mahila Samily (AIDWA) who have been following the cases. Among the 11 cases, two cases are of children aged between four and six, one is a disabled girl who is blind and can neither hear nor speak, aged around 13, two are adolescents aged 15 and 16. Of them seven belong to the scheduled caste community. All of them without exception are from poor families many of whom eke out a living as daily workers. You saw for yourself their terrible situation.
1. Following Supreme Court orders for State Governments to institute measures for rehabilitation of victims of sexual assault, the Haryana Government issued a notification dated December 11, 2011 for rehabilitation and support services for rape victims. However no action has been taken to implement the notification. In the above mentioned eleven cases no rehabilitation measures have been taken. Even in the case of a child, where the family has had to spend over one lakh rupees to get the required reconstructive surgeries done since the child had been violently violated, no help has been given. This you will agree is a most terrible situation. We therefore urge you to ensure that the notification is implemented. In the specific eleven cases we request you to intervene so that the victims can be rehabilitated. Without support, it is difficult for the families to survive.
2. In five of the eleven cases, the police officials are directly culpable for further victimisation of the victims. These include the case of the four year old in Jind, where the police refused to file a case under Sec. 376 in spite of the medical report. In the list given to you, the police in Karnal, Jind, Rohtak,Gurgaon,Panipat (details in the case papers) are responsible for violating the law. However, no action has been taken in a single case. We request you to intervene so that a strong message can be send to the police that such criminal callousness and non-implementation of the law will be severely punished. In some of the cases the main culprits have not been arrested and the families are under tremendous pressure to withdraw the cases. Unless strict action is taken the processes of justice will be even further subverted.
3. In the matter of court cases, no fast track courts have been set up. In five of the cases which are in court, there is negligible legal support from the State and the families simply cannot afford to hire lawyers. It is essential to ensure legal help and fast track the cases.
We have come to you because the Haryana Government has not taken any action in spite of our earlier requests. We hope that with your intervention, the Government of Haryana will be persuaded to take the required action and the rape victims and their families can rebuild their lives in a secure environment. Further, we request you to take whatever action for rehabilitation for the victims, from the Home Ministry which you consider appropriate.