Friday, May 17, 2024

Tragic Murder of Santosh in Sonebhadra: A Case of Neglect and Injustice

 Background

Ram Nath, son of the late Dashmi, is a resident of Ghorawal, District Sonebhadra. A retired fourth-class employee of the Irrigation Department, Ram Nath is now facing the devastating loss of his youngest son, Santosh, aged 24, who was kidnapped and murdered. Santosh, who was married with a two-year-old daughter, operated a small snack shop outside his house to support his family.

The Incident

On the night of March 25, 2023, at around 8 PM, Santosh confronted his neighbor, Bachau, asking, "Uncle, what problem do you have with my shop?" As he spoke, Salman, son of Azad, pushed Santosh into a drain. Bachau then called his sons, and together they severely beat Santosh.

Santosh's sister, Sangeeta, rushed to intervene but was met with abusive casteist slurs and was slapped. The assailants then went to the Ghorawal police station. When Santosh's family reported the incident, they were told to return the next day at 10 AM.

Police Inaction

The next morning, the accused were absent from the station. After multiple calls, they arrived around 4 PM. Sub-Inspector Manoj Kumar pressured Santosh into a compromise, stating the accused lived nearby. During this meeting, Salman threatened Santosh in front of the police, saying, "I'll have you shot." When Santosh reported this, the Sub-Inspector dismissed it, saying, "He's just a kid. He won't do anything."

Abduction and Murder

On March 29, 2023, Lallan, son of the late Dargahi, came to fetch Santosh for work. After a brief exchange, Lallan, Nishu, and Mithu took Santosh away in a vehicle. When Santosh did not return by 8 PM, his family called Nishu, who claimed they had released Santosh after paying him.

On March 30, 2023, Santosh's family filed a missing person report. The police called Lallan, who promised to return with Santosh in two hours. The police reassured the family that Santosh would return, but by 8 PM, they were met with rude behavior from the officer on duty, who threatened to file charges against them for coming late.

Discovery of the Body

The next day, the police received information about an unidentified body found at the Kari Barav bridge. Ram Nath was taken to the location and identified his son's body. Overcome with grief, he fainted upon seeing Santosh's lifeless form.

An FIR was registered under Crime No. 0054/23 for offenses under Section 364 of the IPC and the SC/ST (PoA) Act. Santosh's body was autopsied, and the police conducted the cremation under their supervision.

Appeal for Justice

On May 26, 2023, the victim’s family appealed to the People's Vigilance Committee on Human Rights (PVCHR) for advocacy support. PVCHR took the case to the National Human Rights Commission (NHRC) in New Delhi, seeking justice. The Commission (Case No.- 13997/24/69/2023) ordered the state to provide eight lakh rupees in compensation to the family. As a result, the Department of Social Welfare deposited eight lakh rupees into the victim family's bank account.

Complaint Filed Over Alleged Murder and Police Inaction in Sonebhadra

A serious complaint was filed by Lenin Raghuvanshi, alleging the murder of Santosh on March 25, 2023. The accused were named in FIR No. 0054/23, registered under Section 364 of the IPC and the SC/ST (PoA) Act at Police Station Ghorawal, District Sonebhadra. Despite this, no subsequent action was taken by the police, prompting the complainant to seek intervention from the Commission.

Commission's Response

On June 19, 2023, the Commission directed the Superintendent of Police, Sonebhadra, to submit a report on the actions taken. The National Human Rights Commission (#NHRC) was also asked to inform the Commission about any cognizance taken on the matter. Copies of these directions were sent to the Director General of Police, Uttar Pradesh, for necessary action.

A report dated July 5, 2023, from the Circle Officer of Gorawal, confirmed that FIR No. 54/2023 was registered under Section 364 IPC and Section 3(2)5 of the SC/ST Act. The victim’s body was recovered, leading to the addition of Sections 302, 201, 120B, and 34 IPC. The accused were arrested, and charge sheet No. 70/2023 was filed on May 28, 2023. Compensation was requested for the next of kin from the Social Welfare Department, Sonebhadra.

Further Actions

On November 6, 2023, the Commission noted that no report on victim compensation had been received. A reminder was issued to the District Magistrate and Superintendent of Police, Sonebhadra, to submit the required report within four weeks. Reports received so far were to be transmitted to the complainant for comments within four weeks.

A report dated December 11, 2023, confirmed the filing of the charge sheet and the proposal for compensation. However, no comments from the complainant were received. The Commission recommended further legal steps, including witness protection and victim compensation. With these recommendations, the case was closed.

Conclusion

The Commission directed the Superintendent of Police and District Magistrate, Sonebhadra, to submit a report on compensation payments as per the state's victim compensation scheme and the provisions of the SC/ST Act and the District Legal Services Authority (DLSA) within four weeks. Failure to do so may result in coercive process under Section 13 of the Protection of Human Rights Act, 1993.

Copies of the proceedings were also sent to the Chief Secretary and the Director General of Police, Uttar Pradesh, for information and necessary action.

This case underscores the need for accountability in law enforcement and timely justice for victims of caste-based violence.

Complaint Details:

  • Diary No: 8987/IN/2023
  • Section: M-4
  • Language: English
  • Mode: HRCNET/ONLINE
  • Received Date: June 1, 2023
  • Complaint Date: June 1, 2023

Victim Details:

  • Name: Ramnath
  • Gender: Male
  • Religion: Hindu
  • Address: Ghorawal, Sonebhadra
  • District: Sonebhadra
  • State: Uttar Pradesh

Complainant Details:

  • Name: Lenin Raghuvanshi
  • Address: SA4/2A Daulatpur, Varanasi
  • District: Varanasi
  • State: Uttar Pradesh (221002)

 


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