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2013 DIGILAW 1204 (JHR)

All India Progressive Womens Association (AIPWA), Ranchi v. Don Bosco Tech, Don Bosco Yuva Kendra

2013-11-11

AMITAV K.GUPTA, D.N.PATEL

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Judgment : D.N. Patel, J. 1. Counsel appearing for the petitioner has submitted that initially Jharkhand State Women's Commission had appointed a committee of two female members to inquire into the activities of so-called N.G.O. namely Don Bosco Tech, who were taking several girls from Jharkhand to Kerala and the pregnancy test, etc., have also been carried out, which is illegal. It is further submitted that the so-called N.G.O, who are respondent nos. 1 and 3, are taking several girls to Kerala under the pretext of 'Vocational Training'. The girls, as per the report at Annexure -1 (internal page no.2), were of the age of 10 – 14 years, these girls cannot be employed in any industry and some of them were pregnant also. The detailed report has been given upon prima facie enquiry conducted by the committee, which is appointed by the Jharkhand State Women's Commission. Several aspects have been referred to in the report of the said committee. In fact, there were two members of the committee, but, one of the members has signed the report. Nevertheless, this report reveals several crucial aspects, which constitute several offences under several Acts, including the Indian Penal Code. 2. It is also submitted by the counsel appearing for the petitioner that a letter was also written by the Jharkhand State Women's Commission to the Director General of Police (hereinafter referred to as the 'D.G.P.') to inquire into the matter. 3. It is further submitted by the counsel for the petitioner that at several times the girls are being taken away from Jharkhand to other States, but, never any training has been given to any girl from any other States to Jharkhand and not a single girl/ women is given any appointment in any industry in the State of Jharkhand. 4. Having heard the counsel for both the sides and looking to the report, which is Annexure-1 to this petition as well as looking to the other Annexures of the counter affidavits filed by the respondents, we, hereby, direct the State, through the D.G.P. to inquire into this matter. We, hereby, direct the D.G.P to inquire into the matter specially keeping in mind the Annexure-1 to this petition as well as the letter written by the State Womens' Commission, Jharkhand dated 25.1.2012. A copy of the said letter is also annexed with the affidavit filed by the State Women's Commission, Jharkhand. We, hereby, direct the D.G.P to inquire into the matter specially keeping in mind the Annexure-1 to this petition as well as the letter written by the State Womens' Commission, Jharkhand dated 25.1.2012. A copy of the said letter is also annexed with the affidavit filed by the State Women's Commission, Jharkhand. If need arises, criminal actions may also be initiated against the erring persons. The D.G.P. shall file an affidavit on or before the next date of hearing. 5. When we raised this question that whether these girls/ women are given any stipend or not, the counsel appearing for the respondent no.1 is unable to point out whether they are giving any stipend or not. If the stipend is paid, the D.G.P will inquire whether it is paid in cash or otherwise, because a sizable amount cannot be paid in cash. If need arises, the help of the Income-tax Department shall also be taken by the D.G.P. If the stipend is not paid, then the details of the accounts will be verified that whether the N.G.O is taking money from the Central Government /State Government and if they are not paying to the trainees. 6. The D.G.P will also inquire that how these girls are sent from Kerala to Jharkhand because nothing is pointed out whether any girl has been returned in due course in Jharkhand or not. 7. The D.G.P will also inquire whether these girls have paid Rs.500/- per person to the respondent No.1 and 3 or not. 8. When we raised the question that whether any girl is given any training in Jharkhand or not, it is submitted by the counsel for the Respondent Nos.1 and 3 that they are giving training at several places in Jharkhand, and one of such places is Don Bosco Industrial Training Centre, Kokar, Ranchi. The D.G.P shall also verify immediately the places which are reflected in affidavit filed by the respondent No.1 (Annexure R-1/K) 9. Whether any training is given to any girl by any teacher or not, that will be inquired from the concerned teacher as well as from the trainees also and if the so called teacher is being paid any salary by cheque or not. 10. Whether any training is given to any girl by any teacher or not, that will be inquired from the concerned teacher as well as from the trainees also and if the so called teacher is being paid any salary by cheque or not. 10. The D.G.P. shall also consider that approximately ten thousand girls have been sent from Jharkhand to other parts of the country as per the preliminary inquiry report, which is at Annexure -1 to the memo of this petition. The statement of few of these females may also be taken on record. Several aspects have been referred to including the pregnancy. Some of the girls were also pregnant at Kerala. Whether these ten thousand girls have ever been employed in any industry or not that may also be inquired into or this is a racket going on for human trafficking under the guise of vocational training. A team of expert officers can also be appointed by the D.G.P or any other suitable method may be adopted by the D.G.P so that quickly the facts may be brought before this Court. A report will be made to this Court, by the State, whether this inquiry has been initiated. 11. The matter is adjourned on 25th November, 2013.