Jharkhand High Court Mandates Safety for Pahariya Community in Sahibganj Village
The Jharkhand High Court has issued a significant directive to the Sahibganj district administration, emphasizing the urgent need to ensure adequate safety and protection for members of the Pahariya community residing in Kasba village. This order aims to safeguard their fundamental rights, which have been reportedly under severe threat due to alleged neglect and discriminatory actions.
Court Hearing Reveals Disturbing Allegations
During a hearing presided over by Justice Sanjay Prasad, the court was apprised of a troubling incident involving the Pahariya community. The case stemmed from an appeal by three accused individuals, Shafique Ul Shaikh, Jaleel Shaikh, and Kashim Seikh, who belong to a minority community. According to the information presented, the Pahariya community members were allegedly starved and harassed over Holi celebrations that took place on March 14 of the previous year.
The incident unfolded when the Pahariya community was joyfully celebrating Holi, dancing to music played on loudspeakers. They were confronted by the accused persons, leading to a series of severe repercussions. A victim from the Pahariya community subsequently filed a First Information Report (FIR) at the Barharwa police station. The FIR invoked various sections of the Bharat Nyay Sahita and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, highlighting the gravity of the situation.
Extensive Harassment and Deprivation Detailed
The FIR detailed multiple forms of harassment faced by the Pahariya community. Not only were they threatened against celebrating Holi, but they were also prevented from accessing essential government services. Specifically, the community members were barred from using the government water supply facility, a basic necessity for daily life.
Furthermore, a diktat was circulated throughout the village, instructing residents not to sell ration or medicine to the Pahariya community. This action pushed the community to the brink of starvation, as they were effectively cut off from vital supplies. In a particularly alarming development, children from the Pahariya community were forbidden from attending the government school and accessing services at the village's anganwadi kendra, depriving them of education and early childhood care.
The accused individuals also imposed a fine of Rs 10,000 on anyone found assisting the Pahariya community, further isolating them and exacerbating their plight. These measures collectively created an environment of fear and deprivation, severely impacting the community's well-being and survival.
High Court's Firm Stance and Directives
In its order dated January 28, the Jharkhand High Court took a strong stance by rejecting the bail plea of the accused persons. The court observed that the Pahariya community had been subjected to gross neglect by the district administration, underscoring the failure of local authorities to protect their rights.
The court also expressed dissatisfaction with the tardy investigation conducted by the police, calling for more diligent efforts. To address these issues, the court directed the Sahibganj Deputy Commissioner and Superintendent of Police to ensure that adequate security is provided to the Pahariya community members. Additionally, they were instructed to implement welfare measures meant for the community, ensuring that they receive the support and protection they are entitled to under the law.
In a broader move to safeguard the lives of the Pahariya community in Sahibganj, the court issued notices to key government officials, including the Director General of Police (DGP) and the Chief Secretary. These notices mandate that steps be taken to prevent further harassment and to uphold the community's fundamental rights, emphasizing the state's responsibility to protect all its citizens.
This case highlights the critical role of the judiciary in intervening to protect vulnerable communities and ensure that administrative bodies fulfill their duties. The Jharkhand High Court's directives serve as a reminder of the importance of vigilance and proactive measures in safeguarding human rights and promoting social justice.