Case No: 1

 

Subject: - Caste atrocities harassment humiliations, abusing illegal suspension &  dismissal of a teacher & lab attendant in Arvind Gandbir High School, Mumbai.

                                      

Name of Victim –

Mr. Ankush Ramchandra Jadhav (Art Teacher) & Mr. Rambhau Vitthal Sadavarte (Lab Attendant)

 

Name of the person & organization responsible:-

  1. Mrs. Pradyna Kenkre (Head Mistress)
  2. Mr. Manoj Phene (President) & entire management of Arvind Gandbhir High School Jogeshwari (E), Mumbai

 

Brief Description of the Human Rights Violation:-

 

            Mr. Ankush Jadhav had joined the school in the year 1989 as an Art Teacher against a clear reserved vacancy. Before completing one year of service, his services were terminated. Mr. Jadhav approached to the School Tribunal against the termination. The Tribunal ordered the school management to reinstate Mr. Jadhav. The Management challenged School Tribunal order in the High Court & the High Court upheld the judgment of the School Tribunal. The Management in the utter contempt of the court orders, reappointed Mr. Jadhav with effect from 3/11/93. After the reappointment, the School Management kept on abusing, humiliating, harassing & demoralizing Mr. Jadhav on day to day basis. On 13th June 2003, the Headmistress Mrs. Pradyna Kenkre abused Mr. Jadhav on the basis of his caste as Mr. Jadhav belongs to SC. Incident took place in the presence of several school employees. The Headmistress was arrested and kept in police custody for 3 days under Atrocity Act & PCR Act. Since the Headmistress belong to the Upper Caste, Management did not take any action against her & also she was paid full salary of the arrested period & 15 days period of absconding. As the case is pending before the session court, the School Management & Headmistress kept on violating Human Rights by abusing and harassing Mr. Jadhav. He filed second atrocity case with the local Police on 25th Nov. 2004. She was arrested 2nd time. Hon’ble High Court acquited her on technical ground that the incident did not take place in public view. Due to acquittal the Management become revengeful & terminated the services of Mr. Jadhav with effect from 24/11/2005.

 

            Similarly Mr. Rambhau Sadavarte, Lab. Attendent and one of the eye Witness in the atrocity case of Mr. Ankush Jadhav was suspended by the management with effect 7/10/2005. Education Department Govt of Maharashtra ordered the School Management to reinstate Mr. Jadhav & Mr. Sadavarte immediately as the Suspension is illegal. Mr. Sadavarte was caste abused for being a witness in the Atrocity case against the Headmistress. On 5th oct. 2005, the compliant was lodged with the local police station at Jogeshwari but police did not take any action till 30th Dec. 2005 

 

 

Action Taken by ACJP

 

            Both Victims approached ACJP in the month of Oct. 2005. ACJP immediately approached to the Maharashtra State Human Rights Commission. The Commission issued notices to Education Department of Govt. of Maharashtra & School Management. Due to continuous pressure from ACJP and Human Rights Commission the police registered FIR against the Head Mistress on 31st Dec. 2005. But so far, no arrest has been made. Due to ACJP’s pressure, education department issued orders to School Management for reinstatement of Mr. Jadhav & Mr. Sadavarte. ACJP had taken out procession and held demonstrations in front of the School on 2nd March 2006. Demonstrations were also held in front of the Office of Education Inspector. ACJP delegation also met the School Education Minister, Govt. of Maharashtra Mr. Vasant Purke & Chairman Legislature Committee on Welfare of SC’s, Govt. of Maharashtra & Prof. Jogendre Kawade MLC and other members. The committee has recommended to the Govt. of Maharashtra for appointment of administrator. ACJP has demanded complete take over of School by Govt. of Maharashtra and immediate reinstatement of Mr. Jadhav & Mr. Sadavarte. ACJP has also demanded stern action against Communal & Casteist Management. The complaint has been lodged with Chief Minister of Maharashtra, NHRC, Parliamentary Committee on welfare of SC’s & ST’s and National Commission for SC’s & ST’s. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Case No: 2

 

Subject: Illegal construction by slum lord in the premises of  Kondvissa & Jogeshwari Buddhist Caves

 

Brief Description:-

            Famous Kondvissa, Seventh century Buddhist caves are located at Andheri (E), Mumbai -93, (3 km from Andheri Railway Station.) Similarly Jogeshwari Buddhist caves are located about 1 km from Jogeshwari Railway Station, Mumbai. Eastern side of Kondvisa Buddhist caves premises have been occupied by illegal constructions up to 5 meters in Eastern side & up to 10 km from western side. A Hindu Temple of goddess “Mahakali” has been illegally constructed at about 10 meters distance from the caves and the caves have lost its original name Kondvissa  and now the caves are known as ‘ Mahakali Caves’. On the western side of the caves, slum lords have occupied the land on the hills of the caves and hundreds of illegal hutments have been constructed in the last few months which has posed a great danger to the existence of the caves. On the northern side of the caves, MMRDA has started excavation for Jogeswari-Vikhroli link road without the approval of the Department of Archaeology.

 

            As per “The Ancient Monument & Archaeological Sites and Remains ACT 1958 & rules 1959” any construction/ excavation or any operation up to 200 mtrs, from the protected monument is prohibited. It is the responsibility of the Govt. of India (Department of Archaeology) & the Govt. of Maharashtra to protect all monuments as per the act but the Govt. of India & Govt. of Maharashtra has shown callous attitude towards protecting Buddhist monuments which spreads the message of love, compassions & universal brotherhood and great ancient heritage of India..

 

            Similarly magnificent Jogeshwari Buddhist caves have been completely surrounded by illegal constructions. At the center of the caves a temple has been also constructed on the name of goddess Jogeshwari.

 

            Both the caves have been declared as protected monuments as per the act.

 

ACTION TAKEN BY ACJP:

            ACJP delegation has met to Suptd. of Archaeology, Mumbai region on 10th March 2006 and handed over a Memorandum requesting for immediate, intervention for removing all illegal construction’s upto 200 mts in the premises of kondvissa caves & Jogeshwari caves. It was also informed to the Suptd, that caves have not been protected properly & lot of illegal activities are also been carried out by antisocial elements inside the caves. Caves has been damaged expensively due to illegal activities, erosion, Hindu Religious  practices of breaking coconut on sculpture in the caves, which needs to be stopped.

 

            Copies of letter have also been send to the Collector Mumbai Suburban Distt., Commissioner of MMRDA, BMC Commissioner, Chief Minister of Maharashtra, Director general of police (Maharashtra), Director General of Archaeology New Delhi, Bhante Shurai Sasai Member of Minority Commission, Chairman of Minority Commission, Secretary, Minister of Culture, Govt. of India & Minister of Culture, Govt. of India.

 

            ACJP has brought to the notice of various authorities that if illegal construction is not removed from the premises of the protected monuments, ACJP will launch agitation   against authorities which are responsible for Protection of the Monuments.

 

 

 

 

 

 

                                                         

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ACJP Case No: 3

 

Name of the Victim:

Master Mahesh Pawar aged 10 years

 

Address:

Village Palse,Nashik District, Maharashtra

 

Brief Description:

Master Mahesh aged 10 years and a student of Class IV of Purva Prathmik Vidyamandir of Village Palse Distt.- Nashik, a Government of Maharashtra School, went to the School on 20/01/2006. He was abused and beaten by upper caste Headmistress Mrs. Matey and was sent home to bring his parents. As Mahesh’s Parents are staying in Mumbai for earning their livelyhood and the fear of his grandmother and intense humiliation, Master Mahesh Committed suicide by jumping in nearby village water well. The body was recovered after 4 days of search. Despite complaint by the Parents and grandmother of Master Mahesh Police did not register FIR against the Headmistress under pressure from local political leaders.

 

Action by ACJP:                         

Uncle of Master Mahesh approached ACJP on 11/02/2006 and requested for a help for registering of FIR and punishment to the Headmistress for forcing the child to commit suicide. ACJP immediately after receiving the complaint wrote to S.P. Nashik District and IG (P), Nashik Division. Matter was also informed to Dist. Collector, Div. Commissioner, ADG (PCR) and State Human Rights Commission. Due to intense following by ACJP, FIR was registered against the headmistress under section CRPC 306. We have wrote to the Police that matter should be viewed seriously and FIR be registered under PCR and Atrocity Act. We have also wrote to Dy. Director, School Education and School Inspector, Nashik for taking departmental action and Suspending the Headmistress.Matter is being further persued.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ACJP Case No: 4

 

 

Name of the Victim:

1. Mr. Sudarshan Suradkar aged 20 years.

2. Mr. Raju Tayde aged 20 years

 

Address:

Village- Pimpalgaon (Chambhare) Tal.- Barshitakdi, Dist. Akola (Maharashtra State)

 

Brief Description:

         On 11th April 2005 both the Victims of the village Pimpalgaon (about 80 km) from Akola City went to Pinjar Police Station for seeking permission for holding Babasaheb Ambedkar Birth Anniversary Celebrations and taking out a procession to highlight the Contribution of Dr. B.R.Ambedkar for Indian Nation.. After reading the request letter Police Inspector I/C of the Police Station Pinjar Mr. Ram Deshmukh had beaten both of them mercilessly like criminals for several hours till they had bleeding from nose and mouth.

 

        Next day both of them were admitted to hospital. They brought this matter to the notice of S.P., Akola but Police refused to take cognizance. On learning that both Mr. Tayade and Suradkar Complained to S.P. about Police brutality, Mr Deshmukh visited their village and threatened both the victims and villagers of dire Consequences if the complaint against him is not withdrawn.    

 

Action by ACJP: 

        On 6th Dec. 2005, ACJP received the written complaint at Chaitya Bhoomi, Dadar , Mumbai in the Human Rights Awareness Camp. The matter was immediately raised with Maharashtra State Human Rights Commission. The Commission issued notices to the S.P. Akola for registering FIR against Mr. Ram Deshmukh, the culprit Inspector. Instead of suspending Mr. Deshmukh and arresting him under PCR and Atrocity Act, Mr. Ram Deshmukh has been transferred to a city Police Station at Akola. Instead of punishing Mr. Deshmukh, he has been rewarded. ACJP is pursuing the matter through MSHRC for action against Mr. Deshmukh under PCR and Atrocity Act 1989 and we are hopeful that Govt. of Maharashtra will take suitable action against the culprit for protecting Human Rights of both the Buddhist Students.

 

 

 

 

 

 

 

 

 

 

ACJP Case No: 5

 

Name of the Victim:

Master Rajesh Jadhav aged 12 years

 

Address:

Sitaram Mill Compound footpath, Lower Parel, Mumbai

 

Brief Description:

On 10th Aug, 2004 Master Rajesh Jadhav a Class VI student of Muncipal School returned home at about 16:00 Hrs and went to answer’s nature’s call near Railway Compound. W. Rly. Khalasi Mr Kolanchi Munium was passing by the tract in drunken condition. On seeing Master Rajesh he threw a steel bar at Master Rajesh which immediately got pierced in the left eye of Rajesh.Mr.Munium ran away from the scene. Master Rajesh with bleeding from his eye went to his house. His mother Jayshree took the child to nearest Rly. Stn. At Lower Parel . Rly. Police did not take FIR and told jayshree to go to the Nair Hospital. Nair Hospital told Jayshree to first register FIR and then come back. By the time child become unconscious. Mother took the child to Sion Hospital. There also Police did not take FIR and told her to meet the doctors. At about 10.00 pm. Master Rajesh was operated on Left eye and his eye was removed as it was beyond repair. It took nearly 6 hrs after the incident for medical treatment. By not registering FIR and not providing immediate Medical treatment Police and Rly. authorities have violated basis Fundamental Human Rights.

      

Action by ACJP: 

ACJP on learning the incident went to meet Rajesh and his family and offered cash assistance for medicines etc.ACJP registered the matter with Maharashtra State Human Rights Commission, Mumbai and requested direction to Rly. authorities for Compensation of Rs. 10 Lakhs and expenses of eye transplantation. The Matter was also raised with NHRC and Rly. Ministry. MSHRC finally rejected the plea for compensation on the ground that the Child had no authority to enter Railway Premises.We have decided to move to NHRC, New Delhi for securing human rights of Master Rajesh Jadhav..

 

 

 

 

 

 

 

 

 

 

 

 

 

ACJP Case No: 6

 

Name of the Victim:

Mr. Anant Vishnu Sable aged 35 years

 

Address:

Anand Nagar, Thane Distt- Thane

 

Brief Description:

Mr. Anant Sable aged about 35 years is handicapped Employee of LIC and working in Mumbai. He is staying at Anand Nagar for last several years. Mr. Sable has complained that he is being harassed, beaten and abused for last 2-3 years by the upper caste neighbourers of his areas. They are asking him to sell his house and go to SC/ST locality  as presently he is the lone person from SC Community in Anand Nagar, Thane. He has made Several Complaints with Kopri Police Station but no action has been taken by police so far.

  

Action by ACJP: 

On receiving the Complaint of from Mr. Sable ACJP wrote a strongly worded letter to the S.P. of Thane and asked him to register FIR under atrocities act against those committing atrocities against Mr. Sable. The matter has also been taken up with Maharashtra State Human Rights Commission. We have talked to local Police to take necessary steps to stop atrocities on Mr. Sable. Matter is being pursued vigorously and steps are being taken to protect Mr. Sable.