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New Delhi – 1st August, 2015
PRATIBHA GUJJAR – LOVE COMMANDOS FEMALE VOLUNTEER KILLED IN THE NAME OF SO CALLED HONOUR
The Chairperson(s) NHRC/ NCW/ SHRC/ SCW
The Chief Minister(S)/ RAJASTHAN
CS/HS/DGP/CP/ADGP- L&O/ IGP/DIG AND All others Concerned RAJASTHAN
DC/DM/IGP/SSP/SP/CP/SDM WOMEN PROTECTION OFFICER BHARATPUR AND ALWAR
The HM/ Secretary MHA/ DIB, All others Concerned, New Delhi
Ref: HONOUR KILLING OF A FEMALE WHO MARRIED IN LOVE IN BHARATPUR
Sub: INFORMATION ABOUT HONOUR KILLING – VIOLATION OF INDIA’S UNDERTAKING IN THE UN, STANDING DIRECTIONS OF THE APEX COURT and law – IMMEDIATE ACTION CALLED FOR
INFORMATION HAS BEEN RECEIVED AT HELPLINE AND AUTHENTICATED THAT MRS. PRATIBHA GUJJAR WHO MARRIED IN LOVE ON 11-MAY-2015 HAS BEEN KILLED IN THE NAME OF SO CALLED HONOUR BY MEMBERS OF HER PARENTAL FAMILY AT VILLAGE Khakhawali nager DISTT. Bhartpur Rajasthan on 27th. July 2015. She is stated to have been killed by an electricity current and then last rites performed even without informing her husband. khakhawali (nagar) alwar jile se 45 k.m. door h…….. MIA road badoda mev gaon hokr jana pdta h khakhwali se phle jaluki gaon pdata h. DETAILS OF HER HUSBAND ARE MR. DEVASHEESH MEENA RESIDENT OF SAKAR KUI, NAYA PASS, ALWAR, RAJASTHAN. THEIR MARRIAGE HAS DULY BEEN REGISTERED AT SERIAL NO. DC ( C )/KT/2015/10229 DATED 11.05.2015 BY SDM CUM REGISTRAR OF MARRIAGES, KOTWALI SUB DIVISION, DELHI
SHE HAD STATED THAT THE HISTORY OF HER PARENTAL FAMILY IS THAT OF TORTURING FEMALES IN LOVE AND SHE Apprehended A DANGER ON THE PART OF HER LIFE TOO. SHE had posted on the love commandos helpline on 23rd November 2014. She wanted to fight casteist elements in the society. HER POST SAYS :-
“Hr kone me casteism ghr Kr chuki h.. koi awaz uthana chahe to ghr wale emotionally daba dete h… aisa hi chlta rha to kb insaaf hga… kisi KO to apne ghr walo ko chhodna hga… kisi KO bdlav k liye burayi lni hgi… q saant Ho jate h hm un maa baap k aansuo k saamne Jo Ki jhuti izzat k Nam pe h nikle… q dab jate h hm. q hmesa hum hi unhe samjhe, vo din kb aayega jb Vo Hume samjhenge… sr hum jhukate h or burayi b hum pate h.
Hr Kisi ka sr yun hi jhukta rha to bdlaav kaise as skta h.. kisi KO to ma baap k aansu nakarne honge.. pr q hmesa Vo aansu itna majbur Kr dete h Ki sahi galat Ki parakh hote huye b hum saant Ho jate hain.. kb tk hoga ye… kb tk?????“
SHE WROTE ON 3RD DECEMBER 2014 :-
“Main love cammandos ka hissa bnna chahti hun….aap logo k sath khde hokr iske liye ldna chahti hun…chahe kuch b krna pde. My name is Pratibha nd of 22 yr frm Alwar(Raj.)”
AS HER FATHER AND RELATIVES ARE STATED TO BE AN INFLUENTIAL PEOPLE HAVING CONTACTS WITH SOCIO–POLITICAL–ADMINISTRATIVE INFLUENTIAL PERSONS THEY MAY TRY/ ATTEMPT TO ABUSE THE PROCESS OF LAW AND USE HIS PROXIMITY WITH THE POLITICIANS/ POLICE AND ADMINISTRATIVE OFFICIALS TO SUPPRESS PRESENT INFORMATION AND ACTION.
She was very scared and helpless in this FRIGHTFUL SITUATION. ATTEMPTS HAD BEEN MADE TO STOP HER COMMUNICATIONS, MOVEMENTS ETC. WHICH AMOUNT TO INFRINGING HER CONSTITUTIONAL RIGHTS, VIOLATION OF HER HUMAN RIGHTS AND RIGHTS GIVEN TO HER ACCORDING TO VARIOUS UN DECLARATIONS.
States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women:
(a) The same right to enter into marriage; (g) The same personal rights as husband and wife, including the right to choose a family name, a profession and an occupation; (h) The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.
(b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent;
FURTHER Article 23 of the International Covenant on Civil and Political Rights 1966 SAYS:
(a) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. (b) The right of men and women of marriageable age to marry and to found a family shall be recognized. (c) No marriage shall be entered into without the free and full consent of the intending spouses. (d) States Parties to the present Covenant shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children.
HER HUSBAND HAS IN PART EMAIL COMMUNICATIONS TO US HAS STATED, “sir main devashish meri wife pratibha gurjar ki 27 july ko hatya kr di gyi h 11 may ko hum dono ne sadi ki thi uske bad ghrvalo ne hume bula liya.or kha job kro bad me sadi kr denge.uske bad use gaon le gye khakhawali (nager25 july ko uski bhan ki sadi thi.uske papa ne 2 month se meri wife se bat krvate the unhone hum jal me fasaya h.meri wife khthi thi didi ki sadi tk kuch nhi khenge lekin bad me kucb b ho skta h vo khti thi ki main 28 ya 29 july ko a jaungi.usse meri last bat 23 july ko hui thi or ro rhi thi.usne kha ki di ki vidai k bad call krungi 25 ko.main injar kiya lekin uska call nhi aya 26 27 28 ko maine call kiya to uske father or uski family ki sbi no. band a rhe the.30 july ko maine uske papa k no. pr call kiya to unhone kha ki pratibha to mar gyi se current lga h.muje visvas nhi hua. uske 3 chacha or uske papa ne milkr use mara h bht berhmise or uski chachiyaor bhua or bhai sb use torchr krthe the. KILLING TOOK PLACE AT khakhawali nager (bhartpur rajsthan) 09414789553 ,07665475558 uske father k no h vishan singh gurjar 7689960554 NUMBER PAR PHONE KARNE PAR MERI WIFE KI DEATH KI NEWS MILI sir muje meri wife ki dead body b nhi dikhayi unke khilaf main case b nhi kr skta kyuki meri family weak h bs meri ma h mere father nhi h .or vo bht strong h.polical support
unhone muje jite g mar diya. main bilkul tut gya hu unhone meri atam ko mara h
khakhawali (nagar) alwar jile se 45 k.m. door h…….. MIA road badoda mev gaon hokr jana pdta h khakhwali se phle jaluki gaon pdata h.
sir maine or meri wife pratibha ne 11 may 2015 ko sadi ki thi fir hamare ghr valo ne hume bula liya or kha ki hum bad main me tumhari sadi kra denge.or use ghr le gye.bad main uski family use gaon le gye.or meri wife ko vhi rkh rhe h.meri meri wife se bat hoti rhti thi.uski bdi sister ki sadi thi 25 july ki.or vo khti thi ki didi sadi tk muje kuch nhi krnge lekin bad me kuch b ho skta h.sir ab meri usse 1 week se bat nhi ho rhi h.or kl se uski family k no, b band a rhe h.sir plz help me .
pratibha or main 9th class se 1 dusre ko jante h hum dono ka pyar vhi se start hua tha.bal bharti school scheme no 8 gandhi nagr humara relation 10 sal se h or vo muje hi apna husband manti thi.or mere relatin ka uski family ko b pta tha uski sis ko b.usne mere lie 1 bar suside krne ki kosis b ki thi.vo mujse bht pyar krthi thi.
usne g.d. college se bse ki thi or dev international colllege se b.ed ki ab vo bachho ko padati thi or gov.job ki teyari kr rhi thi. maine b.tech kiya h jb sadi ki uske bad jammu chla gye vha atm se humare rupey nhi likal rhe the. jb main mere frnd arjun k pass phone kiya paiso k lie.lekin usne meri family ko btya.or meri wife k father mere ghr a gya or khne lga ki kuch nhi krunga.unhe kaise b kr k bulao fir mere frnd arjun ne yha ane k lie kha or meri wife ki sister se b batai krai.uske bad hum alwar a gye or hume jooti taslli dekr alg kr diya.
use no month se torchr kr rhe the islie pratibha ne bhag kr muj se sadi ki thi
jo bap apni beti ko mar skta h vo kuch b kr skta h.main to chahata hu muje b mar de
ab inke alwar vale ghr pr koi nhi h sb gaon h.uske chacha kasai h sir unme dya dhram nhi h.uske papa bob bank me job krte h karuli, bob karuli (bsvs) jha job h”
THE ABOVE ACTS INCLUDING KILLING HER IN THE NAME OF HONOUR, ILLEGALLY DETAINING HER, THREATENING TO KILL HER HUSBAND IN THE NAME OF HONOUR, STOPPING HER MOVEMENTS AND COMMUNICATIONS, OPPOSING HER LOVE RELATIONSHIP, FORCING HER NOT TO MARRY A PERSON OF HER CHOICE, PHYSICALLY AND MENTALLY TORTURING HER, FORCING HER TO MARRY AGAINST HER CHOICE ETC. ARE in violation of standing directions of hon’ble SUPREME COURT OF INDIA, CRIMES UNDER PROVISIONS OF IPC AND D V ACT, THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON DIVORCE) ACT, 1986 AND ALSO VIOLATIVE OF PROVISIONS OF THE CONSTITUTION OF INDIA AND FURTHERMORE THE PARLIAMENT OF INDIA HAD ON 1ST OCTOBER 1978 OMITTED THE PROVISIONS OF GUARDIANSHIP FROM MARRIAGES AND HENCE SUCH ACTS OF PARENTS AND OTHERS ASSISTING ETC ARE SERIOUS OFFENCES HENCE CALL FOR IMMEDIATE AND EFFECTIVE ACTION. HER HUSBAND ALSO APPREHENDS THREAT TO HIS LIFE NOW AND ALSO OF HIS MOTHER. PROTECTION FOR BOTH IS REQUESTED FROM ALWAR ADMINISTRATION AND POLICE.
FURTHERMORE, Hon’ble Justice Markandey Katju and Justice Gyan Sudha Misra have in ArumugamServai Vs. State of Tamil Nadu 2011(6) SCC 405 state and directed as under:-
16. This case reveals a shocking state of affairs. There is no dispute that the petitioner is a major and was at all relevant times a major. Hence she is free to marry anyone she likes or live with anyone she likes. There is no bar to an inter-caste marriage under the Hindu Marriage Act or any other law. Hence, we cannot see what offence was committed by the petitioner, her husband or her husband’s relatives.
18. Since several such instances are coming to our knowledge of harassment, threats and violence against young men and women who marry outside their caste, we feel it necessary to make some general comments on the matter. The nation is passing through a crucial transitional period in our history, and this Court cannot remain silent in matters of great public concern, such as the present one.
19. The caste system is a curse on the nation and the sooner it is destroyed the better. In fact, it is dividing the nation at a time when we have to be united to face the challenges before the nation unitedly. Hence, inter-caste marriages are in fact in the national interest as they will result in destroying the caste system. However, disturbing news are coming from several parts of the country that young men and women who undergo inter-caste marriage, are threatened with violence, or violence is actually committed on them. In our opinion, such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste or inter-religious marriage the maximum they can do is that they can cut off social relations with the son or the daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste or inter- religious marriage. We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter-caste or inter-religious marriage with a woman or man who is a major, the couple are not harassed by any one nor subjected to threats or acts of violence, and any one who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law.
20. We sometimes hear of `honour’ killings of such persons who undergo inter-caste or inter-religious marriage of their own free will. There is nothing honourable in such killings, and in fact they are nothing but barbaric and shameful acts of murder committed by brutal, feudal minded persons who deserve harsh punishment. Only in this way can we stamp out such acts of barbarism”.
21. We have in recent years heard of `Khap Panchayats’ (known as katta panchayats in Tamil Nadu) which often decree or encourage honour killings or other atrocities in an institutionalized way on boys and girls of different castes and religion, who wish to get married or have been married, or interfere with the personal lives of people. We are of the opinion that this is wholly illegal and has to be ruthlessly stamped out. As already stated in Lata Singh’s case (supra), there is nothing honourable in honour k illing or other atrocities and, in fact, it is nothing but barbaric and shameful murder. Other atrocities in respect of personal lives of people committed by brutal, feudal minded persons deserve harsh punishment. Only in this way can we stamp out such acts of barbarism and feudal mentality. Moreover, these acts take the law into their own hands, and amount to kangaroo courts, which are wholly illegal.
22. Hence, we direct the administrative and police officials to take strong measures to prevent such atrocious acts. If any such incidents happen, apart from instituting criminal proceedings against those responsible for such atrocities, the State Government is directed to immediately suspend the District Magistrate/Collector and SSP/SPs of the district as well as other officials concerned and charge sheet them and proceed against them departmentally if they do not (1) prevent the incident if it has not already occurred but they have knowledge of it in advance, or (2) if it has occurred, they do not promptly apprehend the culprits and others involved and institute criminal proceedings against them, as in our opinion they will be deemed to be directly or indirectly accountable in this connection.
24. Copy of this judgment shall be sent to all Chief Secretaries, Home Secretaries and Director Generals of Police in all States and Union Territories of India with the direction that it should be circulated to all officers up to the level of District Magistrates and S.S.P./S.P. for strict compliance. Copy will also be sent to the Registrar Generals/Registrars of all High Courts who will circulate it to all Hon’ble Judges of the Court.
MAY YOU KINDLY TREAT IN MOST URGENT AND TAKE APPROPRIATE ACTION TO ENSURE THAT CULPRITS ARE ARRESTED IMMEDIATELY.
IT IS REQUESTED THAT ACTION BE IMMEDIATELY INITIATED AGAINST ALL INVLOVED IN THAT VILLAGE AS PER ABOVE REFERRED DIRECTIONS OF THE HON’BLE SUPREME COURT OF INDIA. ANY DELAY IN ACTION COULD RESULT IN ANOTHER KILLING IN THE NAME OF HONOUR OF HER HUSBAND AND HENCE ALL PRIORITY SHOULD BE GIVEN TO PREVENT SUCH AN INCIDENT.
KINDLY ACK RECEIPT. PLEASE TREAT IT AS SOS. A LINE IN RESPONSE OF ACTION TAKEN WOULD BE HIGHLY APPRECIATED. SAME MAY PL BE SENT THROUGH FAX/ Video Call may follow.
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PS: (02-Aug-2015) With a heavy heart we are releasing a letter written by Pratibha sometime in February 2015, which she had handed over to a friend who wants that she should not be identified. She handed this letter over to Devasheesh yesterday and he scanned and mailed it to us today.
The letter speaks as a dying declaration by Pratibha. She has asked her husband to seek help from Love Commandos, if anything happens to her…………………….