Wife with two minor sons knocking doors for 7 years, husband is a member of armed force CISF, hence above the law.1 message

Kirity Roy <kirityroy@gmail.com> Fri, Oct 23, 2015 at 1:34 PMTo: nhrc.india@nic.inCc: Chief Minister West Bengal <cm@wb.gov.in>, Chief Secretary Gov of WB <chiefsec@wb.gov.in>, "DG & IGP, West Bengal Police." <dgpwestbengal@gmail.com>, "dm-bar@wb.nic.in" <dm-bar@wb.nic.in>, DM North 24 Pgs <dmn24parganas@gmail.com>, Secretary Home Dept Gov of WB <sechome@wb.gov.in>, "Secretary, Women and Social Welfare WB" <secwcdsw@wb.gov.in>, dg@cisf.gov.in, adg@cisf.gov.in, digpers@cisf.gov.in, akpnhrc@yahoo.com, OHCHR <urgent-action@ohchr.org>, "UN SR VAW Ms. Rashida Manjoo" <vaw@ohchr.org>

ToThe Acting ChairmanNational Human Rights CommissionManav Adhikar BhawanBlock-C, GPO Complex, INANew Delhi-110023 22 October 2015

Superintendent Of Police, North 24 ParganasRef No. MASUM/SP/24PGS(N)/CFF/5/4152/15

Respected Sir,

I lodge this present complaint and seek your urgent intervention in the matter of Ms. Sarbasri Dutta, wife of Mr. Dipak Dutta, aged about 35 years, residence at 7, No. Purba Ghoshpara Road, P.O.- Bhatpara, P.S.- Naihati, District- North 24 Parganas, West Bengal, India.

The victim lady got married with Mr. Dipak Dutta on 8.12.1992 and within the wedlock she gave birth to two sons namely Deep Dutta and Surjadeep Dutta who are still minors. She complained that she was subjected to torture and domestic violence by her husband over demand of dowry. Her husband forcibly deserted her from conjugal relationship and she had to take shelter at her parental house from the year 2005. Her husband completely refused and denied to maintain her and the minor children. Even her husband did not make any attempt to resume conjugal life with her. She even came to know that her husband entered into second marriage. She lodged written complaint at Naihati Police Station against her husband which was treated as Naihati Police Station Case no. 107dated 17.6.2007 under sections 498A/406/494 of Indian Penal Code.

The victim lady filed one application under section 125 of Criminal Procedure Code claiming for maintenance from her husband for herself and the minor children. At present her husband is liable to pay Rs. 2000/- per month each for the victim lady and her two minor sons on the strength of the order passed by the Judicial Magistrate, 5 th Court, Barrackpore, North 24 Parganas. In spite of the order passed, her husband did not pay a single penny in compliance. Therefore she filed execution case to recover the due arrears of the maintenance amount and due to non-appearance of her husband, the court issued warrant of arrest against her husband. The Officer-in-Charge of Naihati Police Station was directed to execute the warrant of arrest. For last three years, the warrant of arrest has been pending and the police of Naihati Police Station failed to arrest the victim’s husband till date.

On 21.04.2014 and 19.08.14 Ms. Sarbasri Dutta lodged two separate written complaints before the Officer-in-Charge, Naihati Police Station and the Police Commissioner, Barrackpore respectively informing the inaction of the police of Naihati Police Station in the matter of arrest of her husband. On 08.07.15 again Ms. Sarbasri Dutta lodged a written complaint before the Police Commissioner, Barrackpore. In spite of submitting the above stated complaints, she did not get any response from the authorities concerned.

The victim lady resides with her widow mother and two sons at her paternal home after driven out by her husband since 2007. The mother of the victim is a senior citizen and the economic condition of the family of the victim is poverty stricken and depends upon the pension of her old mother. On the other hand, the husband of the victim lady is in service in Central Industrial Security Force (CISF).

Under the circumstances, I seek your urgent intervention in this matter for appropriate directions upon the concerned police personnel to execute the warrant of arrest pending against the husband of the victim lady immediately. I also demand that a neutral probe should be initiated against the police personnel of Naihati Police Station and higher authority for not taking any lawful action in spite of repeated written complaints submitted by her before them and the victim lady should be compensated for the sufferance as stated above.

Your kind action in this matter would be highly solicited.

Thanking youYours truly

Kirity RoySecretary, MASUM

  File No. –CFF/05/2015 (Sarbashree Dutta)

We are upset by the decision taken in NHRC Case no.1747/25/15/2015-WC/OC - Appeal for review - Tortured woman victim wants justice.1 message

Kirity Roy <kirityroy@gmail.com> Thu, Feb 11, 2016 at 9:20 PMTo: nhrc.india@nic.inCc: akpnhrc@yahoo.com

To The Acting ChairmanNational Human Rights CommissionManav Adhikar BhawanBlock-C, GPO Complex, INANew Delhi-110023  11 February 2016

Ref.:-   NHRC Case no.1747/25/15/2015-WC/OC

The Commission’s Letter dated 22.12.2015

My complaint dated 22.10.2015

Respected Sir, 

I received the Commission’s letter dated 22.12.2015 in connection with the above referred case.

I found from the letter that the Commission closed the case citing the reason that the complaint relates to the matter which is barred under section 36(2) of the Protection of Human Rights Act.

I am aggrieved with the decision of the Commission because my complaint inter alia stated that the victim woman was deprived of recourse to the process of law by deliberate police inaction. In spite repeated complaints made by the victim, the concerned police authorities failed to execute the Warrant of Arrest issued against her husband by the concerned judicial magistrate.  The Warrant of Arrest was issued against her husband as he failed to comply judicial order in not providing monthly maintenance allowance to her. Indeed, I mentioned in my complaint that for last three years, the warrant of arrest has been pending and the police of Naihati Police Station failed to arrest the victim’s husband. The situation has not changed till date. However the victim made several complaints before the higher authorities of police in the district. Lastly, she made complaint on 8.7.2015 before the Police Commissioner, Barrackpore, North 24 Parganas.  Therefore, she is a victim of continuous police inaction.  Under such circumstances I assume that the applicability of Section 36(2) of the Protection of Human Rights Act does not arise in this present case.

I hope that the Commission would reconsider its decision and give suitable relief to the victim woman by reopening the present case.

Your kind action in this matter would be highly solicited.

Thanking you,Yours truly

Kirity Roy

Secretary, MASUM