TAVISHI SRIVASTAVA AND 5 OTHERS Vs. STATE OF U P AND 3 OTHERS
LAWS(ALL)-2014-9-360
HIGH COURT OF ALLAHABAD
Decided on September 01,2014

Tavishi Srivastava And 5 Others Appellant
VERSUS
State Of U P And 3 Others Respondents

JUDGEMENT

- (1.) A petition (PIL No.33084 of 2014) was filed in the public interest by six law students. On 9 June 2014, a fact finding team of these law students, who are interning at the Human Rights Law Network was constituted to enquire into the veracity of certain news reports which appeared in the newspapers on 9 May 2014 regarding the practise of exorcism during the course of Ganga Dashmi Mela in which certain women have been victimized. The fact finding team prepared a report which states that a large number of persons assemble on occasions such as Ganga Dussehra, Purnima, Amavasya, Navratri and other days when a ritual of exorcism is practised. The fact finding team has observed that the women, who are subjected to this practise by ojhas or priests are brought by the families mostly from Madhya Pradesh and are assaulted on the pretext of removing evil spirits from their bodies. The police at the Daraganj Police Chowki informed the team of students that since a large crowd gathers on the banks of the river in the Sangam area, it is difficult to keep this practice in check. The fact finding team made certain recommendations including the provision of adequate protection and security, enhancement in the number of CCTV cameras (Closed Circuit Cameras), increase of police personnel, adequate supply of electricity in the area and maintenance of tight security in the area to prevent such instances in future.
(2.) A petition similar to the aforesaid petition had been filed earlier under the aegis of the Human Rights Law Network by Deeksha Dwivedi, being Public Interest Litigation No.5443 of 2014, which had been entertained by this Division Bench on 28 January 2014. By an order of the Court, the State was directed to explain how, despite the presence of a large security force at the site, such an incident as highlighted in the petition had taken place. The learned Standing Counsel was directed to take instructions in order to ensure that immediate action was taken against those found guilty and the incident was properly investigated. On 5 February 2014, the Court was informed that a first information report had been lodged on 27 January 2014 and the matter was under investigation. The State was directed to file a counter affidavit.
(3.) BESIDES these two petitions, PIL No.34351 of 2013 had been treated as a Public Interest Litigation based on a letter dated 18 June 2013 written by a citizen and Advocate about an incident which had taken place on 14 June 2013 in which his daughter had been harassed by certain persons who were travelling in a car with a red beacon light. Writ Petition No.34350 of 2013 was also treated as a public interest litigation based on a newspaper report about a vain attempt of abduction of a girl student who was returning from a coaching class.;


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