The interventions of the Asian Centre for Human Rights led to the rescue of two Scheduled Tribe girls of Assam, aged 12 years and 19 years, and their reunion with their families after they were abducted and trafficked to Mumbai in 2012. The tribal girls namely Dibya Devi Chakma (12 years), d/o Natun Chandra Chakma and her niece Lakhi Maya Chakma (19 years), d/o Purno Joy Chakma were abducted and trafficked from Lankajan bosti under Lumding police station in Nagaon district of Assam on 15.11.2012. Although a complaint was submitted which was registered as FIR No. 274/2012 at the Lumding Police Station against Saidul Islam, s/o Md Nur Ali, Nur Ali, s/o unknown, Sazahan Ali, son of Md Nur Ali, Safizul Islam, s/o Md. Nur Ali – all of them resident of No. 1 Sarkebasti (Janju) under Lumding Police Station. However, the local police refused to take any initiative to trace the missing girls. At this point of time, the families of these trafficked tribal girls approached the ACHR for assistance.
On 17 December 2012, the ACHR sought the immediate intervention of the National Human Rights Commission (NHRC) and the National Commission for Protection of Child Rights (NCPCR) to rescue the trafficked tribal girls.
The NHRC registered the ACHR’s complaint (NHRC Case No. 450/3/14/2012) and issued notices to the Director Generals of Police (DGPs) of Assam and Maharashtra on 4 January 2013 calling for a report within four weeks. The NCPCR registered the complaint as Case No. AS-22014/41381/2012-2013/COMP and issued notice.
In his response to the NCPCR vide letter dated 9.4.2013, Dr P. Ashok Babu, District Magistrate, Nagoan stated that the matter was investigated by Lumding Police Station Incharge and based on the suspicion arrested one of the accused named in the FIR i.e. Md Sahjahan, son of Md Nur Ali. During the investigation the I/O identified the accused who had abducted the two Chakma tribal girls. During the course of investigation it was revealed that the accused Md. Saidul Islam, Md Asabuddin and Md Imran Hussain handed over the victim girls at Lanka to one Md Faruk Ali of Dimapur. The I/O conducted several raids and searchers for apprehension of the above named accused persons but they managed to abscond. The I/O also lead a police team to Dimapur and conducted raid at the rent house of Md. Faruk Ali but the whereabouts of the accused persons and the victim girls could not be located. On 8.5.2013, the NCPCR termed the police action to be “unsatisfactory” and pursued the matter with the State machinery in Assam to get the matter further investigated.
In response to the notice of the NHRC, Additional Director General of Police, Assam vide letter dated 30.4.2013 stated that one of the trafficked girls namely Lakhi Maya Chakma was rescued by Pune Police and accused Saidul Islam was arrested and sent to judicial custody and efforts were being made to trace the other girl. The NHRC sought the status report of case crime No. 274/12. Vide another letter dated 7.7.2014, the Additional DGP of Assam informed the NHRC that both the trafficked girls namely Dibya Devi Chakma and Lakhi Maya Chakma were recovered and handed over to their father. Chargesheet in the case has been submitted to the court against six accused persons, three of whom were arrested and the rest were absconding, vide charge-sheet No. 47/2014 dated 31.3.2014 u/s 366(A)/366/34 IPC additional sections 370/370(A) IPC r/w section 5 of Prevention of Immoral Trafficking Act.
Vide letter dated 13 June 2015, ACHR among others pointed out that no compensation has been provided to the two trafficked victims after their rescue for their rehabilitation. Both the victims belong to Scheduled Tribe and hence are eligible for compensation as per the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 as well as under a scheme notified by Assam Government namely “Assam Victim Compensation Scheme, 2012”.
In its latest proceedings dated 28.3.2018, the NHRC stated that “Inspite of filing of charge-sheet against the accused persons, the Superintendent of Police, Hajoi has intimated the Commission that the victims have not been provided any financial assistance. The Commission failed to understand as to why the victim girls, who belong to Tribal families and were kidnapped by non-tribal Muslim accused, have not been paid relief in terms of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995. As such, the Superintendent of Police, Hajoi, vide Commission’s Proceedings of November 22nd, 2017, was directed to ensure the payment of relief amount to the victims in terms of Schedule Annexure I of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 and send a report along with proof of payment. In response, the Superintendent of Police, Assam, vide communication dated January 12th, 2018, has intimated the Commission that the office of the Deputy Commissioner of Hojai District has already been moved requesting him to take up the matter urgently with the concerned Department associated with payment of such compensation.” But the State Government of Assam has failed to submit proof of payment to the NHRC as of date.
