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September 13, 2000

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25-year fight for justice ends in tragedy

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Annapurna Jha in New Delhi

There is no light at the end of the tunnel for Nirmal Kumar Jain. His worst fears came true.

Jain, who had lost his daughter during his 25-year struggle for justice, recently lost his son on the altar of administrative apathy.

This was despite repeated pleas for justice, to courts and the National Human Rights Commission and for compassion, to the President and prime minister.

In fact, Jain filed an application in the district and sessions court of Damoh and had also approached the Madhya Pradesh high court on August 8 for speeding up justice as he apprehended that deprived of justice and driven to abject poverty and unemployment, his two children may follow their elder sister, who self-immolated herself two years back.

On August 22, his 24-year-old son committed suicide by consuming an insecticide. The post-graduate, who cut betel nuts to earn money, could not bear the hardships that had befallen the family due to judicial delays.

Jain, whose pleas to President K R Narayanan were returned with the seal of 'refused', once again wrote to him. This time the letter, a copy of which was made available to UNI, has not urged the President for justice and compassion, but only informed him about the tragedy so that he could realise what judicial delays and executive inaction could drive poor people to.

Fifty-five-year-old Jain's only crime was that as a Rashtriya Swayamsevak Sangh activist he had protested against the imposition of Emergency in 1975 and went to jail. And for this he paid a heavy price. Jain, working with the Kendriya Sahkari Bank, Damoh, was sacked by the bank manager in 1976 for misappropriation.

After a protracted trial of 17 years, Jain was acquitted of all charges and a case registered against the bank manager is pending in court.

The manager, who has now retired and become a member of the bank's boards of directors, allegedly blocked Jain's efforts for reinstatement or financial compensation.

Jain is financially ruined, his house has been sold and he is suffering from tuberculosis. His family has been forced to seek shelter with relatives. When his son died, Jain was in Damoh, his wife at Samaria and daughter at Shahpura, with relatives.

The only help forthcoming was lip service in the form of recommendations and assurances.

Despite repeatedly being asked by the NHRC, the prime minister's office, social organisations and other people, the Madhya Pradesh government has refused to take steps to alleviate Jain's suffering. In reply to appeals for help, the PMO informed Jain in 1998 that it had written to the Madhya Pradesh chief secretary for his reinstatement. After two years nothing has happened.

In 1997, the NHRC also wrote to the Madhya Pradesh chief minister, asking him to ensure that Jain gets adequate assistance under any government scheme. The NHRC chairperson told the chief minister that Jain had suffered for no fault of his and redressal should be provided by the state government.

As the government took no step, the NHRC again wrote to the chief minister on January 31, 2000 asking him to provide assistance. But all appeals fell on deaf ears, resulting in the recent tragedy.

The death of his son left Jain heartbroken, as evident from his letter to the President, which said, '' Mujhe ab nyay nahin chahiye. Meri bas itni prarthana hai ki aap vaidhanik pramukh hone ke nate aisee wyawastha kar dein ki koi anya nirmal ki tarah 25 sal nyay ke liye mar ke ek ek karke apani auladein nahin khoye. Meri patni awam bachhon ne asahniya vedana and dar ka sagar dekha hai. Mere bate in supari kat kar padhai ki thi aub main uski degree ka kya karoon (I do not want justice now. My only request to you is that as constitutional head of the country you should make such a provision so that no one should die each day for 25 years like me and see his children die one by one. My wife and children suffered immense pain and trauma. My son had studied by cutting betel nuts, what should I do with his degrees now?)''

UNI

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