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Judicial harassment of gang rape survivor and two HRD caregivers

Kalyani Badola and Tanmay Nivedita

HRD

Bihar

 

HRDA has issued an urgent appeal to the National Human Rights Commission of India on July 21, 2020 regarding the judicial harassment of a gang-rape survivor and two HRD caregivers and seeking intervention under Section 12(b) of the Protection of Human Rights Act. Ms. Kalyani Badola and Ms. Tanmay Nivedita are human rights defenders and social activists associated with Jan Jagran Shakti Sangathan.

An FIR was filed against the gangrape survivor, Ms. Badola and Ms. Nivedita Tanmay by Mustafa Shahi, Magistrate at the Araria District Court magistrate on July 10, 2020, and they were remanded to Dalsinghsarai jail about 250 km away from Araria on charges of obstructing official legal proceedings.

The incidents came to pass when the survivor demanded the presence of the two HRDs while recording her statement. The magistrate denied the demand and the victim was made to narrate the incidents many times. Her anonymity was broken, as the accused’s family members tried to negotiate with her to drop the case, and she was subjected to immense intimidation by the police. The survivor was given bail on July 17, 2020, and the HRDs remain in jail.

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