অনেক কাল আগের কথা - "শত কথা বলতে পারো, কিন্তু একটা কথা ও লিখো না" - আর, পুরোনো দিনের কথা শুনতে ও হয়। তাই, এই লেখাটার আগে অনেক ভেবেচিন্তে সিদ্ধান্ত নিলাম, লেখার। ভুক্তভোগী এবং আইনজীবী র নাম, পরিচয় গোপন রেখে ই লিখবো। জানি, লেখাটি বেশ লম্বা হবে, তবে আশা করি আমার বন্ধু রা ধৈর্য্য ধরে পড়বে। না লিখলে একটা ভয়ঙ্কর অন্যায়, অন্যায্য ঘটনা কে তুলে ধরবো কি করে! জেনে বুঝে প্রতিবাদ না করে ছেড়ে দেওয়া যায়না।
Friday, 29 September 2023
Dialogue between the Advocates and the Survivors – Finding Solutions
DATE: 22.07.23 TIME: 2 P.M.
SPEAKERS: Advocate JAYANTA NARAYAN CHATTERJEE, Advocate DEBASISH BANERJEE, Advocate AMALESH KANTI GHOSHAL, Advocate MADHUPURNA GHOSH and Advocate BAPPADITYA SAHA.
PARTICIPANTS: Survivors of acid attack and other gender based violence, Human Rights Activists and Case Workers of N.G.Os.
On July 22nd, 2023 at Commune, 7/B Chowringhee Terrace, Kolkata - 700020, a meeting was organized by South Kolkata Sannidhya with the survivors who have fallen victim to acid attacks, women affected by domestic violence, and the Advocates. Social workers of different Non-Government Organizations were also present. Change makers of Sutanutir Sakhya from Lalpole village in Rohanda - Chandigarh Gram Panchayat, of 24 Paraganas (N) also participated in this meeting.
The Speakers were felicitated and Advocate Madhupurna Ghosh, the Moderator, announced a ground rule that the matters to be discussed at the Program are all confidential. So the
names of the victims should not come out in public.
Ms. Swati Chatterjee, Secretary of Sannidhya in her welcome address said, “Gender based violence is a global phenomenon cutting across all boundaries of race, class, age, education, region and religion. Violence is defined as “any act of gender-based injustice that results, or is likely to result in physical, sexual or psychological harm or suffering for human beings including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life.
Burn due to violence both violates and impairs or mollifies the enjoyment by citizens, depriving them of their human rights and independence.”” In recent years, Economists, Human Rights Advocates, and Governments have become aware of the severe financial and economic burden that domestic violence imposes on victims, households, the public sector, private business houses, and society on the whole. Researchers have concluded that such violence significantly impedes economic growth and development. South Kolkata Sannidhya, has been working with the survivors of Post Burn deformities for last 13 years. In course of our work, we have met a number of cases of both Acid-attack and Dowry related burn. A victim of such burn due to violence remains distressed, depressed and physically deformed. She keeps herself aloof from the society. They are in dire need of rehabilitation. Consequences of these heinous criminal acts cause deformities and disfigurements, often harming several organs leading to partial and/or permanent disabilities.”
“Examples are total blindness, one of the eye burns, with severe permanent scarring of the face and body including joint stiffness, along with far-reaching social, psychological, and economic difficulties. Article 21 of the Indian Constitution says, “It is the duty of the state to create a climate where member of the society belonging to different faiths, caste and creed live together and therefore the State has a duty to protect their life, liberty, dignity and worth of an individual which should not be jeopardized or endangered.” When there is such a heinous crime taking away a citizen’s Rights under the Constitution, the state has a duty to compensate the loss.”
“According to the latest NCRB Report, West Bengal is ahead of all other states in the number of acid- attacks (Section 326 of the IPC). The report stated that West Bengal recorded 34 out of 174 recorded acid-attack cases in the country. Out of the 34, 30 were against women, while there were 11 attempts of the same.” About Bride-Burning, especially in our State one can hardly get any data from the internet. In course of our work, we have found that cases of acid-attacks are increasing like wild-fire. Also, bride burning is no less in number. To bring financial reliefs to the Bun Survivors, the Central Government had formulated and State Government has amended Victim Compensation Scheme in February, 2017. Unfortunately, there is not a single victim of burn (fire) in our state has received any financial support under such scheme. A number of Laws exist to give relief to the Victims of VAW. Victims are often victimized repeatedly due to delay in receiving their Legal Rights.”
At first, Mousumi Mondal from Khardah shared her story of marrying into a wealthy family, losing her first child, and having a second child with autism. When asked to have another child, she came to know that the doctor said it would be risky for her health and life. Her in-laws put pressure upon her for a divorce, and if she refuses, they threatened to harm her. After recovering, she filed a complaint at the Karimpur police station and starts living in a flat of her in-laws
& they file a petition under section 144 Cr.P.C against her to drive her out from the flat.
Till now, she does not receive any financial support. When her child was unwell, she went to the Child Welfare Committee (CWC) for relief. The CWC called her husband and ordered him to keep his wife and children in the ground floor of his house and to take responsibility of his child. Her father-in-law and mother-in- law even attempt to get out her from the house. The police station did not co operate with Mousumi Mondal. Advocate Jayanta Narayan Chatterjee mentioned that maintenance is essential for the women to live her life. It is awarded by the Magistrate based on the husband’s financial capabilities. He also mentioned that an able bodied person cannot escape by saying that he has no income. He told that in case of non cooperation of police station complaint can be filed to Deputy Commissioner in Metropolitan city and to Superintendent of Police in other areas.
During the discussion, another victim of Burn due to domestic violence, Lilufa Molla, inquired about the amount she can receive as compensation for her acid attack case, while Debashish Banerjee suggested referring to the Supreme Court NALSA scheme for setting up state-specific compensation scheme and commented that we should fight to get compensation according to that scale which NALSA set up for acid victims.
Jayanta Narayan Chatterjee mentioned the process of obtaining a certified copy from lower court with a fee of 300 to 400 Rupees and then filing an appeal in the High Court if the lower court’s decision is unsatisfactory.
Some participants narrated their bad experience in court regarding unsatisfactory performance and service of the lawyers engaged by them. They told that these lawyers do not take steps in dates and not inform the litigants anything about progress of the cases. Sometimes they do not inform case number to the litigants they filed in their behalf.
Many Acid attack Survivors narrated their ordeal about receiving Compensations. Another very upsetting matter is happening with them. That the amount they are receiving from the Bank is not 3,00,000/- as their initial compensatory sum. They are receiving only 75000/-. Rest 2,25,000/- they have to deposit for 10 years as Fixed Deposit in the bank. Some also stated that they had to sign auto renewal papers with the bank. All the Advocated seemed surprised, and said that this is totally unethical. Swati Chatterjee brought out that there are many victims in different Districts yet to receive Compensations. There were total 15 victims of Acid Attack in the District Purba Bardhhaman in 2019. Out of them 11 women and 4 men. Only one of them received the Compensation. But Swati provided information about all the women victims to the west Bengal Commission for Women in 2022. The survivors present asked about appointment of new lawyer in their pending cases if performance of their lawyers is not satisfactory. Adv. Debashis Banerjee answered that If lawyers refuse to provide a No Objection Certificate & (NOC), a new lawyer can still be appointed after sending the present lawyer a registered letter that his service are not required any more.
Participants discussed with the lawyers about process of service of summons after filing of case. They experienced that summon service is a big problem and often several dates are passed due to non appearance of Opposite Party.
Adv. Amales Kanti Ghoshal advised women to collect the Process No of Summons from the Court office so that status of delivery of summons can be enquired form the police station.
Advocate Bappaditya Saha suggested to file lawsuit in Calcutta High Court to survivors of acid attack who has not received final amount of compensation from State Government. He further added that survivors must follow up their pending cases and keep regular contact with their advocates without getting disheartened.
Community women from Rohanda Panchayat of North 24 Parganas were present in this meeting to learn techniques of case work and to have a direct interaction with advocates. They learned how to expedite pending cases and make safety plans for survivors of domestic violence and acid attacks and how to register complaints at police stations.
Participants also gathered knowledge about victim compensation scheme, 2017 and Supreme Court orders and judgments. Act 326 A and B of Indian Penal Code was discussed at length by Advocates presents in the meeting by citation of different cases conducted by them.
Adv. Amales Kanti Ghoshal explained maintenance act and process of filing cases for maintenance for women and their children. He told that under 125 Cr.P.C, Senior Citizen parents are also eligible to get maintenance form their sons and daughters if they don’t have sufficient income.
The meeting ended with Valedictory speech delivered by Ms. Swati Chatterjee.