INDIA: Three minors killed in an accident and no attempts made to arrest the responsible persons

Dear friends,

The Asian Human Rights Commission (AHRC) regrets to inform you of a report from MASUM, a local human rights organization based in West Bengal, of the deaths of three minors. The minors were working in an illegal factory manufacturing fireworks. The local police was aware about the functioning of the illegal factory but failed to take any actions to stop it. It is alleged that the police were paid bribes by the factory owners. Even after the incident no genuine attempts by the police have been made to take actions against those who were running the illegal factory.

CASE DETAILS:

At around 11:00am on August 28, 2007, three children, Hasan Ali aged 14, son of Sirazul Islam, Sahana Khatun aged 15, daughter of Mustakil Islam and an 11 year-old boy, Saruf Ali, the son of Seikh Sarif Ali died in an accident that happened in an illegal factory where they were employed.

The unfortunate children were working in a factory engaged in the manufacture of illegal firecrackers. The victims were residing at Bedo Narayan Para under the jurisdiction of Barasat Police Station in 24 North Parganas district. All of them were working at the factory adjoining their houses and earning a meager amount before Shab-e- Barat, a Muslim religious festival. All three children belonged to Muslim community and were members of families living below the Bellow Poverty Line, (BPL) although the families never received the BPL cards. All three were students of National Child Labour Project School (NCLP).

A person by the name of Julfikar lived in the neighborhood of these children and was acting as a stooge for the owners of these illegal firecracker factories. According to the information from local residents the illegal activity of making firecrackers has been continuing in the area for the last 20 years and many influential persons are involved with this. It is alleged that the local police are regularly paid off by the factory owners so that the police never interfered with the illegal business.

Running a firecracker manufacturing unit is regulated by law in India. The owner must obtain several licenses to run such a unit. The law also mandates that such units must be periodically inspected by the police, the fire service and the Explosives Officer. The unit must be away from any houses and must be maintained in such manner that the possibilities of accidents are minimal. Additionally, employment of minors is prohibited by law in India, irrespective of the nature of their work. All these mandates were breached in this incident where the firecracker manufacturing unit was located near houses and minors being employed in the unit. [Picture of the place of accident] This very fact suggests the role of the local police in aiding illegal businesses in the area.

The factory involved in the accident is only three kilometers from the local police station. After the incident it took the officers three hours to reach the scene. When they finally did arrive Saruf Ali (his photo) had already died of his injuries and the remaining two were seriously injured with 80 to 100% burn injuries. They were shifted to BN Bose Hospital at Barrackpore by the villagers since the police did nothing to assist them. Sahana (her photo) died at 12 noon and Hasan (his photo) at 4:00pm. The Barasat police registered a case as Unnatural Death with registration number 372, and sent the bodies for post mortem examinations. Following that the Barasat police started a case vide no. 573/07, under sections 286 and 304 of Indian Penal Code.

Following the deaths of these three innocent children the police raided the village at midnight and arrested innocent persons like; Rafique Ali, Madar Ali, Abdul Karim, Tukai and Bapi, who had no connection with the incident. During their raid they ransacked the houses of poor villagers and claimed that they had seized explosives amounting nearly 2,500,000 rupees (USD 65,000).

Until now police have made no attempt to arrest or question the actual kingpin of the illegal factory but Julfikar was arrested at Ranaghat, nearly 80 kilometers from the place of the incident. Meanwhile the police have refused to divulge the names of the accused to a fact finding team which, in the local context is a clear indication that they are trying to shield the actual culprits.

We therefore demand that the persons responsible for horrifying incident of causing death to three children must be punished severely in accordance with penal laws. The police who entered into illegal transactions with the wrongdoers and allowed the business of the manufacture of firecrackers to operate must be identified and their role should be independently investigated and if found guilty must be punished along with the real culprits.

SUGGESTED ACTION:
Please write your letter to the authorities below and urge them to intervene into this case. Those responsible for the death of the children have been punished and investigation on the alleged corruption between the police and the illegal factory has been thoroughly investigated for the prevention for reoccuring.

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