Free Legal Aid for the Victims of Human Rights Violations, Police trocities, Deserted Women and Children and Elderly People.
Number of Cases – 8780
Types of Cases
- Case for Deserted Women under Protection of Women form Domestic Violence Laws, Cases of Section 498(A) of I.P.C., Cases under Section 125 of Cr.P.C. for Maintenance, Case of Rape, Sexual Harassment, Aborted the Female foeticide and All Other cases pertaining to atrocities by husbands and in-laws.
- Cases for Care and Protection of Children.
- Cases for Police atrocities, Custodial Death etc.
- Atrocities against down trodden people Vanvasi, Aadivasi and Dalit.
- Cases for Care and Protection of Elderly People.
Success Stories of Human Rights Cases (Special and Remarkable Cases)
Jyotsanaben Devipujak – a lady form lower community was looked under Sec.110 of Bombay Police Act. The punishment provided in case of conviction of Rs.100/-. Jyotsanaben was arrested and was kept in judicial custody for 45 days and when bail application was moved by the Foundation there also, the learned Judge granted bail by imposing conditions of deposition of Rs.500/-.
In an offense under Sec.110 of Bombay Police Act, person is to be enlarged on personnel bond. In the present case, the learned Judge took Jyotsanaben into judicial custody and detained her for 45 days which is contrary to the Law. The Foundation by reading the news item from the news paper made the inquiry into the matter and arranged for bail of Jyotsanaben and challenged the illegal detention of 45 days by way of filing petition. Moreover, a prayer was also made for quashing and compensation. The Hon’ble Apex Court passed an order in favour of victim Jyotsanaben. Finally Hon’ble High Court quashed the FIR and ordered to State Government to pay the compensation of Rs.25,000/- to victim Jyotsanaben as a compensation for illegal imprisonment.
Mahesh Jayrambhai Bhubhani – a boy aged about 4 years was a victim of orthodox superstition an occult, whose services were hired by one childless couple and thereby, the occult made Mahesh blind as well as his testicles were detached under superstition. Because of the said illegal act, Mahesh became blind and impotent.
The F.I.R. was registered but no progress was made in the investigation and the Foundation gave financial assistance as well as legal assistance and an application under Sec.173(8) of Cr.P.C. was filed for further investigation as only occult was booked and the couple for whom the illegal act was committed was not trapped as accused. With the sincere efforts from the funds of H.H.Hon’ble President of India, Hon’ble Mr. A.P.J. Adbul Kalam Saheb, Rs.80,000/- were secured for operation of eyes of Mahesh but could not be saved because of the damage which was done permanently to the eyes. The Foundation is making all efforts to see to it that in the Trial, culprits are punished and justice is done to the victim.
Border Wing Jawans – The border wing personnel were continued on daily wage basis and though completed more than 20 years of service, they were not made permanent though, they discharged their duties continuously and uninterruptedly. The petition was moved by the Foundation in which the learned Single Judge of Hon’ble High Court allowed the petition. The State Authority has challenged the said order in L.P.A. before the Hon’ble Supreme Court. Hon’ble Supreme Court has granted the full salary equivalent to State Reserve Police. About more than 3500 Jawans got the benefits.
Dhara – This is a case of innocent poor girl whose father is an auto-rickshwa driver having very poor financial condition. Inspite of the poor economic condition, looking to the interest of Dhara in study, her parents encouraged her to continue her study. At the age of 16 years, Dhara was studying in 10th standard and her teacher namely Girishbhai Baraiya was providing tuition to her. Dhara failed in standard 10th at first instance. In the 2nd attempt, Dhara cleared the standard 10the examination and it was declared by her teacher Girishbhai and gave the mark-sheet. Dhara passed 11the standard exam in 2004 and submitted her examination from for standard 12th in January 2005. Upon inquiry by the Authorities, it was found that the mark-sheet of standard 10 was forged. Ultimately, upon inquiry it was found that the teacher of Dhara created and concocted a forget mark-sheet of standard 10th and with the help of the Foundation a criminal complaint was lodged against the accused/teacher Girishbhai and he was arrested and she got the justice.
Savitri (Changed Name) – A minor girl named belonging to scheduled caste, was reped by three boys in collusion with P.T. teacher Indrajit Rahulji. After committing the offense, she was threatened not to disclose the act of rape committed by the accused. Ultimately, a complaint was filed at Dahod Town Police Station. But, the investigating officer was not taking any interest and thereby, the parents of Savitri approached to the Foundation and thereby, the Foundation filed a writ petition before the Hon’ble High Court and she got justice.
Monika – This is a pitiable case wherein parents took the divorce and both got remarried elsewhere leaving the daughter unattended. The girl was residing with her grand-mother who tried to maintain herself by doing domestic work but could not maintained herself and her grandmother. For survival, Monika filed maintenance application against her father and claimed Rs.1,000/- per month. Monika contacted the Foundation, contacted Dr. Rajendra R. Shukla, and narrated her grievance. The President of Foundation provided Rs.500/- per month as financial assistance regularly and uninterruptedly till the matter was pending in the Family Court and subsequently, the Foundation assisted for the marriage of Monika before two years. Presently, she is settled happily in life.
Colonel T.J. Nagrajan, Retd. Captain of Navy – A retired colonel from navy purchased four flats out of his retirement dues and from his service savings. One Panchal came into contact with Mr. Nagrajan and gained his confidence with a view to cheat Mr. Nagrajan. By taking Mr. Nagrajan in confidence, obtained his flats on rent and by way of creating forged rent receipt, converted the same into consideration for sell. Being a retired colonel, Mr. Nagrajan approached the Foundation who helped Mr. Nagrajan in filing criminal complaint and also arranged to defend the quashing proceedings. Mr. Nagrajan has obtained the title and the possession of the flat with the help of the Foundation successfully.
Pankaj Sharma – A police officer of Chhalawad Police Station (Ellisbridge Police Station) had beaten brutally Pankaj Sharma for settling some personal score as alleged by Pankaj Sharma. He had been detained under Sec. 151 of Criminal Procedure Code and was tied-up with the electric pole and was physically and mentally tortured and compelled to give cheques of Rs.1,50,000/- in the name of some third party. He was hospitalized and subsequently, the Foundation helped him in lodging the criminal complaint as well as facing the trial of Section 138 of Negotiable Instrument Act against the police sub-inspector and others.
The Foundation also took the initiative to bring on the notice of the then Joint Police Commissioner, Ahmedabad, the concerned officer was immediately transferred.
Jigisha Thakore – An insane lady aged about 32 years old named Jigishaben Somaji Thakore suffering from schizophrenia was assaulted by crowd of children attacking with stones at village Motera, Dist. Ahmedabad, on 29th of April 2008. For self defense an insane lady thrown a sharp aged sickle (an agricultural instrument for the use of harvesting) towards the crowd of children and unfortunately, a 5 month old baby sleeping under the shadow of tree was seriously injured and finally, succumbed to death. Finally, she was arrested as a normal accused. She was on remand and was sent to judicial custody and a charge-sheet was submitted by Investigating Police Officer and she was kept in Central Jail for more than 15 months. One Mr. Jatin Prajapati, Police Sub-Inspector (presently Dy.S.P.), informed about this case to the Foundation. The volunteers of Foundation visited her village. It was found that her parents have left village Motera because of the threat and endangerment of their lives from the villagers. With the help of Mr. Chandrashekhar, I.P.S. – Superintendent of Central Jail, Ahmedabad and Mr. Shrimali, Jailor, Under trial prisoners, the visit off Women Cell along with women volunteers and it was found that she was really suffering from schizophrenia and she was disturbing other female co-prisoners and their children many times when she used to be violent. The medical reports were also obtained and opinion of psychiatrist and doctors off Govt. Civil Hospital were obtained, which was found to be positive that she was insane.
The essential ingredients of crime are mens-rea (guilty mind) and actus-rea (prohibited act). Amongst this two, the first one mens-rea i.e. guilty mind is not found in act of any insane person. Hence, she is eligible to be discharged under Sec.330 of the Criminal Procedure. The arrangement for medical treatment was done at Mental Hospital Shahibaug. She was partly cured and her parents were located from the native place and she was rehabilitated with her family.
Neha Thakor – Neha a 32 years old lady lost her husband Jitendrakumar Thakore, enshouldering the liabilities of two small kids for maintenance and for their education also. Instead of helping, her in-laws made additions in the problems and she was thrown out of the house facing the crises of accommodation, livelihood and education of her children. Foundation rescued her for availing her maintenance, share in the property under Hindu Undivided Family Laws. During pendency of these litigations, her poor parents were not in position to help her and hence, she was provided the accommodation and maintenance by Foundation as ad-interim relief on rental basis near her parent’s house. By the Grace of God father-in-law of Neha Thakor, Shri Mohanlal Thakor a noble and emotional grandfather settled the issue for grandson and daughter provided one flat in name of Neha as well as fixed deposit about 13.00 Lakhs and still Shri Mohanlal is looking after grandson, daughter and daughter-in-law financial and moral support and she is living meaningful and dignified life.
Sathwara Community (Kadia-mason) Ex-communication case– Because off some petty dispute, a criminal cross complaints were filed amongst families of Linch village of Mehsana District, long back in the year 1980. In recent year of 2001, one of aggrieved family occupied the status of office bearer and the other group was ex-communicated. The litigation of ex-communication was also tried at Mahesana District Court. But, because of this unwanted and disgustful enmity amongst the elders of family members, the social boycott was affected and 13 major family members were due for marriage were deprived of marriages within the caste. Moreover, the whole family about more than 60 members were socially cut-off with whole society since they have not been allowed to attend any of the marriage ceremonies, funeral ceremonies or any other social function of any other caste fellow because they were ex-communicated. These peoples were having the existence like fish out of water. The major educated 13 young girls and boys were deprived of marriage, which was terrifically frustrating physically, mentally, socially and psychologically to them. Further, it was really surprising and astonishing that this community has their own separate constitution contradictory to the Constitution of India as well as the prevailing laws of India. It was a great surprise that said constitution was providing the rules for minimum amount of dowry, ornaments of silver and gold to be given at the time of marriage, which was against the provisions of Prohibition of Dowry Act. It was also providing the provisions of ex-communicating the people for certain crimes and also without giving the opportunity of being heard in ex-parte manner, which was against the provisions of Ex-communication Act and principles of natural justice.
Since it was a socio-legal issue, the Foundation at the first instance, wrote a detailed polite request letter to cancel the order of ex-communication for this four families and sixty family members and absorb them in the main stream of their society, but it remained unanswered. After three months, legal notice was issued, which was also remained unanswered. The writ of mandamus was filed before the Hon’ble High Court of Gujarat bearing Sp. Civil Application No.11146/2008, in which finally, the Court compelled the office bearers to give the public advertisement stating the fact that those four families are part and parcel of the community. The Court further directed that they will be invited and involved in the social function and Foundation also attempted for the reunion of all those families with their community.
Babu Panjawni – A primary school headmaster working at Surendranagar, was booked as a suspect in one murder case of State Bank Cashier Dharmendrasinh Rana. He was on police remand for nine days and was in judicial custody for 42 days. Subsequently, the I.O. submitted the report under Sec. 169 of the Cr.P.C., that Babu Panjawani has not committed any offense. Hence, he was discharged from the case. The Foundation rescues him at the right time and the Writ of mandamus for compensation and reinstatement of job has been filed by the Foundation before the Hon’ble High Court of Gujarat vide Sp. Criminal Application No.109/2006.
Amisha Ben Bhatt – The allegations as per the F.I.R. is that the complainant a wife of the present accused during her matrimonial life the accused had get her forced to a 5 time abortion in different hospital at Anand, Vadodara and Godhra also demanding dowry and intimidating her. The most shocking incident of these all was that once she was forced to abode her baby when she was 4 months pregnant. And on that very day she was not given rest at all and forcibly taken to attend family function. The NGO had taken up her case and had filed an F.I.R. under Section 34, 498A, 313, 294(b) and 114 of the I.P.C. and Section 23 of The Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994. The accused were arrested from Vadodara and 3 days remand order was passed against them. The case is still pending an investigation is going on this case. The case became a leading issue in Satyamev Jayte a Social Awareness Series produced by Amirkhan Production in first season in first case. Now presently she was divorced and she got the compensation of Rs.14.00 Lakhs. Moreover she was provided a flat form his father and she is settled in her life. It is most appreciable and admirable fact that Amir Khan production Bombay is providing financial aid for studies, tuitions fees etc. annually at tune of Rs.1.00 Lakh regularly till today.
There are so many success stories but only few are narrated here