Stella Maris Orphanage demands immediate action against Bajarang Dal activists

Stella Maris Orphanage demands immediate action against Bajarang Dal activists

Mangalore Today News Network

Mangalore, Apr 12: ’It is needless to say that the atrociuos incident took place making the children and the management of the Orphanage undergo trauma, tension and giving adverse publicity due to the eveil designs of the Bajarang Dal members’, said Sr P F Martha, headmistress of Stella Maris Higher Primary School, in  press meet held at St Ann’s College Conference Hall on Tuesday, April 12.

 

 

She said that Stella Maris Orphanage is managed by the sisters of the Apostolic Carmel Congregation started functioning in Mangalore in 1870 with the objective of empowering women through Education. At a time when there were no educational opportunities for women’s education in the west coast of India, the sisters of Apostolic Carmel ventured into this field.

Sr Martha said that over one hundred and forty years, their educational Institutions have spread all over India and outside rendering all round formation to children ranging from  Primary to post graduate level irrespective of caste and creed. 

The condition of the underprivileged sections of the society in those days, urged them to cater to their needs and in response, they opened Technical Schools and Special schools for the mentally and physically challenged children. One of the specific felt needs that were addressed by the sisters was the opening of four Orphanages/ Residences in Kundapur, stella Maris, Kotekar, Kemmannu and Bondel in the years 1931, 1933, 1938 and 1939 respectively.  Over the years, more than 15000 children have benefitted from their stay and study in these Orphanages.  All the four Orphanages were recognized by the BCM (Backward Community and Minority) department between the years 1935 and 1948. At present, there are 275 children in these orphanages ranging from class 3 to 10. Around 200 of these receive a grant of Rs 350 per month from the Department of BCM. The Management subsidizes the rest of the expenses.

Briefing on the unwarranted and shocking incident of April 8, 2011 Sr PF Martha said that the 41 children who are the inmates of Stella Maris Orphanage hail from Bidar District. They are also the students of Stella Maris Primary School managed by the sisters. 

Sr Agatha Mary, superior general said that these children were getting ready with great excitement to return to their homes for vacation. Their tickets were bought paying Rs 25,000 by VRL bus which was to leave for Bidar on April 8, 2011 at 2:30 pm.  The warden brought them to PVS circle at 1 pm. Much ahead of time and they were looking forward to board the bus. Just then the miscreants barged in, asking some inquisitive questions with threatening words to which the children gave no answer as they were shocked beyond words. When the bus arrived, the children got into the bus, some people claiming to be Bajarang Dal members to get into the bus into the bus with cameras ad more threats blocking the exit. The Warden Sr Asha Prima informed her superior and in response a senior sister, Sister Maria Jyothi rushed to the spot. Meanwhile the Bajrang Dal group called the police who arrived immediately. The bus with the children and all the rest on board were taken to CWC at Bondel. 

At CWC Sr Maria Jyothi informed the officials that the children were the bonafide students of the orphanage at Stella Maris, Kotekar and produced the required documents and license to substantiate her claim, which she produced within few minutes. The police surrounded the CWC as they would, criminals brought to the Remand Home. The children were not given food and were restless, and highly traumatized by this experience.

The officials of CWC checked the documents and found them in order. In the meantime the Assistant Commissioner Prabhulinga Kavalakatti arrived on the scene and asked for a proof to show that these children really came from Bidar to study, by submitting a certificate issued by the Deputy Commissioner of Bidar. Since it was not possible to produce this immediately, the sisters offered to show proofs of their origin from school records. The bus with children was then taken back to Kotekar. When the children reached the orphanage it was 10:15 pm. All tired, shocked, hungry and disappointed. 

On 9th of April 2011 at 5:30 pm., the chairperson of the CWC visited the Orphanage with her committee and going through the registers and other school records was satisfied. Thereafter she issued an order that he children could be sent home at 7 pm. The institution suffered a financial loss of Rs 25,000 and had once again to purchase tickets for the children to be taken to Bidar safely. 

Later she also demanded the people responsible to compensate the loss incurred in the bus tickets through police the complaint filed at Kadri and Ullala station.

Sr Linette AC, provincial superior, Apostolic Carmel, Karnataka Province, St Ann’s Convent, Denis D’Silva, Naveen D’ Souza and Mariamma Thomas were present.

 

IPC amendment does activists a favour

Mangalore, April 13: The recent amendment to Section 506 of the Indian Penal Code (IPC) from cognizable to non-cognizable has worked in favour of activists in the threat and harassment case of minor children where 41 children of Stella Maris orphanage at Kotekar-Ullal on their Bidar were detained.

The Kari police have lodged it as a non-cognizable report (NCR), which means that police can neither register an FIR nor can investigate or effect arrest without the express permission or directions from the court.

Noted criminal lawyer Padma Prasad Hedge told that amendment to that section by state in January this year makes it non-cognizable as well as bailable, which earlier was not. Regarding whether it was cognizable as it was a threat to children, Hegde said the law does not make distinction about this aspect.

Police commissioner Seemanth Kumar Singh said that he had received a memorandum from a delegation on Monday, along with CDs of the incident, and he has asked assistant commissioner of police Ravindra Gadadi to investigate the matter, so cases under appropriate sections can be filed. The delegation on Monday protested against the high-handedness of the Bajrang Dal against orphanages run by Christian institutions.

Gadadi said earlier a threat was a cognizable offence, but was made non-cognizable recently. "But we have not received a circular to this effect," he added.

In a cognizable offence in the criminal justice system is one in which the police is empowered to register a First Information Report (FIR), investigate and arrest an accused involved in cognizable crime without a court warrant.

A year ago, a two-member division bench of the Bombay High Court in Goa held that issuing of a threat to kill somebody was a non-cognizable offence under Section 506. The bench while delivering judgment on a petition filed by Goa’s health minister Vishwajit Rane challenging the chargesheet filed against him under Section 506 for allegedly threatening to kill social activist Aires Rodrigues in July 2007, the bench, directed the police to proceed in the matter under Section 155 of the Criminal Procedure Code. Section 155 mandates that police have to seek an order of the magistrate to investigate any non-cognizable offence.