The recent incident in Bicholim in which a 28-year-old woman, Geeta Pednekar, was allegedly assaulted after eviction from a disputed property is a clear case of human rights violation.
The woman and her mother were evicted from the disputed house at around 10 pm. As per the Supreme Court directives, the police cannot take into custody any woman for a civil wrong between 6 pm and 8 am.
Trespass is not such a serious offence that required the suspects to be taken to the jail and bashed up. It comes under the ambit of Indian Penal Code 442 and is defined as whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit "house-trespass".
Now, not only Bicholim SDPO DySP Bousset D’Silva ordered his forces to forcibly evict the daughter and mother from the house, but they were also taken to the police station where they were allegedly beaten up and had to be hospitalized.
Did Bousset act on the orders from a court and did he had a warrant for the same? This is a fit case for Human Rights Watch to investigate as the fundamental rights of these two women were denied to them. Even if they had been arrested for some offence, did the police give them an opportunity to contact their lawyer or their near and dear ones at the time of arrest?
The very fact that Geeta Pednekar had to be hospitalized and an ambulance had to be called to take her to the hospital indicates that she was brutalized at the police station.
Police Act of 1861, under which police function in India, assigns a very narrow, reactive role of maintenance of order and prevention and detection of crime to police; excluding police participation in any proactive social role and always bring police into contact with the people in an adversarial and restraining role.
Though not sanctioned by law, police in Goa have been used to protect the interests of politicians in power. Was the police acting on behalf of some politicians or were they bribed to evict these two women?
In a civilised society, the way the police organisation functions, truly reflects the values and norms of the society. Criminalisation of political processes, unabashed use of violence to achieve political ends and complete disregard for the rule of law by those in authority, have cumulatively created an atmosphere of lawlessness conductive to violation of Human Rights.
During, the processes of the physical attack on Geeta Pednekar, the police have violated the fundamental rights including the Right of Life, Liberty and Security of Person.
The violent and criminal actions of the police constitute malicious prosecution for which DySP Boussuet should be held accountable.
Boussuet is known as one of the most corrupt officers who was once suspended for acts of commissions and omissions when he was in Cuncolim police station. He is also alleged to have hushed up more serious crimes. Such extra-judicial police officers should be censured and taken to task.
If the government doesn’t take any action, then the people of Goa should start a signature campaign and send a petition to Human Rights Watch. Goans are not living in a medieval era and the dictum of might is right will not work with the enlightened civil society of Goa.
12 comments:
We are very much elevated this morning when we received calls from our neighboring village asking to read Niz Goenkar. We are elevated because we are heard in this article. We see article by Mr. Bebdo highlighting our plight. Make a point here, Geeta and mother were unconcious at home only but they were taken to the police station to wipe evidence that the ambulance picked them from home. We are told that they were beaten more at the police station thinking that they were faking unconciousness. I thank the editor of this electronic paper for giving a chance to the readers to know the true story. I hope someone will help the family. Geeta and her mother are told that they will receive medical reports through the police as they are the party who admitted them. Many politicians called the family but they are not ready to politicise the issue. There are also warnings given to the family to keep shut their tongues.
DySP Boussuet should be held accountable and charged with attempted murder. His tail enders too should be charged and jailed. The law in Goa is an ass that is blind to the truth. As Bebdo says it is time for the people of Goa to start a signature campaign and send it to Human Rights Watch. I for one don't see the government doing anything about it except scratch each other's balls.
Bebdo has been straight forward in his writings every time. His article has given a good perspective of things happening in Goa. The Politicians-Police nexus is going to finish Goa. If that was any other place in the World, the policemen involved would have been immediately suspended by the Home Minister pending enquiry. When the HM himself is so tainted and a protector of criminals, protector of the Drugs Cartel that is headed by his son, least can be expected of the present incident. It is clear and evident that the police had the backing of their boss to do this heinous act. And the backing must have been on a strong foundation based on solid bribe from the opposite party. If police can evict illegal occupiers, they should be able to evict all the migrants from the Communidade land occupied by them all over Goa. They should be able to clear the Moti Dongor, Chimbel, Zuari Nagar and other places of Goa which are forcibly occupied by migrants. If the police can act immediately on complaints that someone encroached their place, then it should be Vijay Sardessai who should be forcibly dragged out of his house which is built by coning the poor farmers. How will the DySP do that as they are friends to harass and suppress people of Danvodem?
It is a shame for us that we live in Goonda Raj with uniformed goondas manning law and order and at the same time selling drugs.
@Bedo
Thank you once again, your time that you put in, we can't pay you, you will be blessed by God and our saint Fracis Xavier.
I won't be surprised when BJP, NCP or still worse Congress may approach him (Boussuet) and present him a Ticket to stand for election, you see these parties need crooked persons with lot's of money.
http://www.goapolice.gov.in/ngosingoa.pdf
Unfortunately no Email ID to forward your comments.
Hi Bebdo::::Well done again.Your article helps understand the signifance of such situations better.
I will conduct further research and investigations my self.
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I can assure you, you are not "YAPPING" here.It has an impact on our minds and conscience.
@Dalia
Great Idea, we can write to the Police about all the illegal settlement, The Police as we know of today will drive them away.
The Operation Moti Nagar, Nehru and Gandhi Nagar should start right away.
You all pray that Geeta and her mother come out well from the hospital. They have internal injuries and abdominal tissue damage. They will be referred to private doctors sooner. Police are still pressurising the family to keep quiet. Except Gomantak Times, the other news papers of Goa are reluctant to publish further stories of the ailing family. Niz Goenkar can send your own correspondent to GMC and they are willing to talk to whoever comes to ask questions so the world will know their story and police brutality.
I am not sure about the legal procedures, but is it possible to petition the National Human Rights Commission on the excesses and abuses of Human Rights? I have an notion that they themselves investigate. I maybe wrong.
Start campaign for signatures and send it to prime minister Of India office and Human Rights Organisation.
@ Marcel
The Prime minister of India can read English, a link to this site through mail should do the Job.
By the way he knows whats going in and around Indian occupied Goa, he even knows with hook or crook his party has to win the next election.
The congress were scared for an early election, they sold thier souls to churchill and company, you should know this by now. (the Mickey row!!!)
Marcel & Pedro, our PM is puppet of mother of corruption Sonia Gandhi, during Drugs Nexus lot of people have wrote,petitioned the affairs of State under criminal Home Minister Ravi Naik to PM,Chitambaram,Sonia Gandhi & Rahul Gandhi and what happen all our efforts to clean Goa Police which is full of criminals were treated as dustbin papers.Beleive me very soon Ashish Shirodkar and all the suspended cops in Drugs nexus will back in business,probably criminal Ravi Naik will make Ashish as the incharge of some of coastal Police Station just like the way they shun away honest & uncorruptable Police officer Rajendra Prabhudessai from Verna Police Station to make way to another biggest criminal of Goa Police Jivba Dhalvi as the incharge of that Station.What is need of hour is to educate Goans in Goa to distinguish between good and bad..and to tell them that Money is not everything.Congress High Command is only interested to receive their haftas through appointed congress eminaries and nothing else.
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