IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION NO. L§624 2004 PETITIONER é RESPONDENTS FFDA (Forum for fact finding documentation & Advocacy), Raipur ‘ (C.G.) Through — Its President, if Subhash Mohapatra, S/o. Late Jalandhar Mohapatra, aged about 30 years, R/o. A—3 Sahani Bihar, Telibandha, Raipur (C.G.) VERSUS 1. State of Chhattisgarh Through — Secretary, Home Department, D.K.S. Bhavan Raipur (C.G.) 2. Union of India Through— Secretary, Railway Department New Delhi. 3. Chairman, RaiIWay Board New Delhi. v4. General Manager, South -East Central Railway, Bilaspur (C.G,) 5. Divisional Security Commissioner rs.E.c. Railway, Raiipur (co) ' Superintendent of Police (Railway), Raipur (C.G.) Divisional Inspector, Railway Police Force, Raipur Division, Raipur (C.G.) Police Station Officer (Railway), RailwayLPolice Station, Raipur (C.G.) Superintendent of Police, Raipur (C.G’) Police Station officer, Police Station — Gudhiyari, Raipur (C.G.) (Q f WRIT PETITION UNDER ARTICLE Q726/2h7 OF THE CONSTITUTION OF INDIA. PUBLIC INTEREST LITIGATION HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION NO. 1562 OF 2004 FFDA (Forum For Fact Finding Documentation and Advocacy), Raipur Versus State of Chhattisgarh and others ORDER For consideration $ -6—2005 Sdl- p‘ ‘ ‘ Fakhruddin V Judge WV l Hon’ble Shri Justice V.K. Shrivastnva, J ”“45 4’ '! \ \ i Sd/— 1 ‘ V.K. Shrivastava \‘u T1 i Judge \ Post for2M6—2005 v h Sd/— 2 Fakhruddin ‘ ' Judge /- HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION N0. 1562 OF 2004 FFDA (Forum For Fact Finding Documentation and Advocacy), Raipur Versus State of Chhattisgarh and othcrs CORAM: HON’BLE SI-IRI JUSTICE FAKHRUDDIN AND HON’BLE SI-IRI JUSTICE V.K. SHRIVASTAVA, JJ. PETITIONER BY SMT. MEENA SHASTRI, ADVOCATE STATE OF CHHATTISGARH BY SHRI PRAMOD VERMA, ADDL. ADVOCATE GENERAL ‘ UNION OF INDIA BY SHRI THAKUR VIJAY SINGH, ADDL. SOLICITOR GENERAL RAILWAY BOARD BY SHRI VINAY HARIT, SR. COUNSEL ORDER Per Fakhruddin,J. Hcani learned counsel for the parties. 2. The petitioner has med this petition on the gmund that since last 10 yeam one Nakul Dhruv along with his Wife and two minor daughters K11. Sangceta Dhruv aged 12 years and Ku. Gangoin‘ aged about 4 years is msiding on the railway pla1form. It is submitted that on 18-5-2004 at about 10.00 p.m. two persons committed rape on Ku. Gangotri at Railway Platform No: SftAger the incident, the father of the girl took her to Govt. Hospital Mekahara for treatment. It is alleged that on next day when the mother of the girl namely lndu Bai approached Railway Police Station along with her daughter and \ narrated theincident, the Police instead of registering the case, \ started asking her as to why she is residing at the platform. It is \ x \ \ \ \ further stated that on 29-5-2004 at abput 10.00 p.111. six persons committed rape on another daughtcr of Nakul Dhruv namely K11. Sangceta Dhruv. The matter was published in the newspaper dated 7—6-2004. But even than the Police had not taken any action in the matter, therefore, the father of the girl approached to the petitioner and the petitioner has nled this petition. Prayer made in the petition is to provide food, shelter and protection to both the pmsecutrix with their parents, suitable source of livelihood, nee education to them. It is further prayed that the respondent no. 1 to pay compensation of Rs. 5,00,000/ - to each of the prosecutrix for their sexualexploitation and harassment. It is also prayed that investigation into the matter be made by commission or any private independent agency-CB1 and to punish the liable persons, Inquiry is also prayed about all the ‘Aashrams’ or ‘Instituiions’ of Chhattisgarh State Where the women and children are being kept, either regulated by Govt. or private organizations through appoinu'ng a commission or any independent agency taking help of the petitioner (if necessary) to prevent the odences. The petitioner has further prayed that the State to rehabilitate these rape victims and also to rehabilitate the persons who are residing on the Railway platform. The petitioner has further prayed that the State to frame a suitable and appropriate State policy on women and children and its en'ective implementation for the social and economic development of the above:‘said & youps. The petitioner has also prayed that the respondents No. 2 to 7 to check the odence committed on the Railway platform in Chhattisgarh State and they be \ also directed to lodge report and to investigate this incident properly a \ and to punish the liable persons. The petitioner has also prayed that \ \ \ \ State be dimctcd to pmvide timely and necessaxy treatment to the needy patients by Government hospitals, and to punish the delinquent employees. 3. The matter came up for hearing on 18‘6—2004 and this Court passed a detailed order. Thereafter oh‘ence has been registered and investigation has been started. The Additional Advocate Genexal was dilected to nle the factual report of the incident. In pursuance to that dilection, factual report was submitted. It is mentioned in the report that on 18-5—2004 no report was lodged in the Railway Police Station regarding the rape committed on the girl namely Gangotii.,0n 28-5- 2004 the mother of the girl appeared before the police station and x informed that the son of one Mannu Samami aged about 4 years had inflicted injury on the private parts of Ku. Gangotri on 18—5-2004. On this, Gangotri was sent for medical examination but as per medical examination report, the case was not found to be of rape. On 7~6- 2004, the father of Gangotn' submitted a report to the GRP Police Station, Raipur and on the basis of that, a crime has been registered for the od‘ence punishable under Section 324 of the lndian Penal Code and the matter is under investigation. 4. Reply in the matter has been tiled. 5. So far as the alleged od‘ence‘ committed upon the girls is concerned, pursuant to the directions issued by this Court, the \\ matter is under investigation. .r -& \ \\ l ' 6. Lemned‘cblm/sel’: for the petitiohci' submtt ,family hés bedn: given accommodation, m of'ééStndf’ ’ has ialsobccn-g'veh. ‘ _' 7; Smt. Shasin learned counsel for the pctmohcr, ralsed the oontenuon that pexsons are raiding 1n the RaJlways platform an V Vno so ral ces. Law m this regani 1s very cler It has become a dwelhng :w pla a place due to the poverty - 8., ' So far as achvmes of Railways are concerned th1$ court has. oo "R ecuons. Relevant pamg‘ah f the order 1s quoted below - \ _ ,5 du p o concerne , . _r , thts Cour1 within a penadp two‘manths from the date o ‘ ‘ iP 2- . No. 1026/2 ‘ ed éR d _ ne should be allowed to enter Into the platform Without vahd ncket that such ohences are not cmmmtted The Platforms am the, lways pi petty None should be allwved to use them as dwelhng ‘ i nsuiered the matter m In Re Unwn of Indra through South Eastem - atlway reported 1n 2002(1) CGLJ 400 and 1ssued certam' a, l d f § “So far as the movement of anti social elements is' corwemed, the railway stations shnuld be equipped with short circuit video cameras for confining them within it so that they may be nabbed by the police/GER staff deputed there and necessary action may be taken against them " 10. ParHament has also taken note of this aspect and enacted the Railways (Second Amendment) Act 2003 (Act 51 of 2003). The Act confers wide powers in this regald and it has denned ‘o$cer authorized’. Additional powers have been conferred on members of Railway Protection Force. The Railway Protection Force Act has been amended by the Railway Protec11'on Force (Amendment) Act, 2003 (Act 52 of 2003). Now as denned under Section 2 (Cb) of the R.P. Act, ‘passenger Area’ includes Railway Platform, 1min, yard and such other area as is fiequently visited by passengers. Section 11 of the R.P. Act is pertinent and quoted below:— :f’ ,, inex- ‘1 1. . It shall be the duty of every superior officer and member of the Force- ' p . (a) promptly to meme all orders lawfully issued to him by his superior authority; ~ p (b) to protect and safeguard railway property, passenger (c) to temove any obstruction in the movement of railway ~ area and passengers; v property orpassenger areas; and (d) to do any other act conducive to the better protection and security of railway property, passenger area and passengers” 11. The term ‘Railway Pmperty’ now means 'Railway property, passenger area and ’passengers’. 12. The changes made in law will be pseflil if the authorities act and perform their duties in accordance with law as amended. Let a beginning be made now. The Zonal Manager/D.R.M. concerned shall look into the matter and do the needful as required and the report of takcn shall be submitted to the Registrar General of this the action Court for perusal in Chamber. 13. Subject to what which has been stated above, this petition stands disposed of. 14. Before parting, we appmciateiivaluable services rendemd by the ‘ ‘ t i Sd/- . ‘ learned counWes. i a V-K- Shrivastava x 1 Sdl- ‘ Judge i ,i i V J: _ Fakhruddm W r a“ J»; \7 ' Judge , r 10w v 1‘“ VV Pathak