8-year-old girl moves Kerala High Court against pink policeman for public humiliation in fake theft case

A minor appealed to the High Court of Kerala to invoke jurisdiction as a sentry over who lives and the parens patriae doctrine to protect her fundamental right to live with human dignity after being humiliated in public by the pink police.

The 8-year-old petitioner who has been falsely accused of stealing a cell phone from a civilian police officer named Rejitha has asked the court to ask the state to take strict action against the officer for violating her fundamental rights.

The petitioner and her father were waiting to witness the shipment of a shipment containing machinery used for the construction of a tunnel at the Vikram Sarabhai Space Center.

As the cargo drew crowds, a police force, including a pink patrol squad, was deployed to control the crowd. The pink patrol vehicle was parked three meters from his father’s scooter.

Thirsty, the petitioner and her father went to a nearby store to buy drinking water.

Much to their astonishment, the accused rushed towards them, shouting for the duo to return her cell phone, which she said had been stealthily taken away by them.

When they denied any involvement in the incident, she began to humiliate them with ‘colorful remarks’ and “Derogatory comments”.

“The 4th defendant even went to say that she saw the petitioner and her father lift the mobile from the front seat of the car. The petitioner and her father were laughed at for their shabby appearance and body odor ” the plea reads.

The petitioner also accused the civilian police officer of attempting to undress her and her father under cover of a search. She maintains that she was intentionally insulted and intimidated with the intention of humiliating her in front of the public.

According to the plea, the girl was threatened with serious consequences that she would be taken to the police station and subjected to a physical examination.

Intimidated, the petitioner began to shout aloud. She saw a huge crowd gathered around her and it subjected her to fear, humiliation and severe mental agony.

Meanwhile, another police officer retrieved the phone from Defendant Renjitha’s bag which was kept in the patrol vehicle itself.

Considering that the applicant belongs to a community of listed castes, the plea alleged:

“Therefore, the attempt of the 4th Respondent was to falsely implicate the Applicant and his father, to humiliate and intimidate them in the public eye and the derogatory colored remarks show that these were intentional offenses under the Articles 3 (1) (x) of the Scheduled Castes and Tribes (Prevention of Atrocity) Act 1989.

The petition also reveals that the officer’s action left the child traumatized, requiring medical attention. She couldn’t sleep or attend her online classes for about 2 weeks according to the plea.

“Even the mere sight of the khaki uniform of even the KSEB employees made the petitioner shudder with fear.”

Following this heartbreaking experience, she was admitted as an inpatient to the mental health center in September 2021 and received follow-up counseling on another day.

As a result, her father filed a complaint with the investigator and the State Commission for SC and ST.

The commission found that Renjitha’s action violated the principles of natural justice and amounted to a violation of his fundamental right to live with dignity under article 21 of the Constitution.

However, no action has been taken by the police in this regard. Drawing the conclusions from a media report, the petitioner alleged that there was a concerted effort by the official respondents to protect the accused pink police officer.

In her plea filed through lawyer AK Preetha, the applicant had pointed out the inaction of the State and other defendants against the said officer who had publicly humiliated her by attempting to implicate her in a case of theft, thus infringing his fundamental right to equality. and the right to live in dignity.

The petition seeks exemplary action against the accused officer and a declaration that his actions violated the petitioner’s fundamental rights.

The girl also requested a declaration that the state government is vicariously liable to pay compensation of Rs 50,000,000 as a public law remedy for the officer’s tort.

Alleging that all the actions of the accused were illegal and violated the most basic fundamental rights, the petitioner requested the intervention of the Court in this case.

“The severity of the violation is even greater when an official tasked with helping and assisting women and children acts in an authoritarian manner.”

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