Since September 9, Sheena Khatoon* has been spending her days visiting legal professionals and activists, determined to get her minor son out of custody. The earlier night, the boy had been arrested by the Bihar Police after communal clashes throughout a Mahavir Akhara rally in Barharia, about 250 km from the state capital of Patna.
The boy, together with 35 different folks, has been booked underneath critical sections of the Indian Penal Code regarding rioting, rioting with a lethal weapon, try and homicide, assault, disturbing a non secular meeting, inflicting grievous damage, upsetting breach of peace and felony conspiracy.
In accordance with the boy’s beginning certificates, issued by the gram panchayat and reviewed by Scroll.in, he’s eight years outdated. Nevertheless, the Bihar Police has recorded his age as 13.
Siwan district Justice of the Peace Amit Kumar Pandey stated that the authorities recorded the boy’s age as 13 based mostly on what he “instructed them when he was in custody”.
Part 83 of the Indian Penal Code states that the acts of a toddler – outlined as being between seven and 12 – can’t be thought of as offences till he has “attained ample maturity of understanding to guage the character and penalties of his conduct”.
His mom is indignant. “Everyone seems to be asking us for proof of his age,” she stated “Why is nobody asking the police on the premise of what they’ve determined he’s 13?”
The household alleges that the minor was stored in a police station for 2 nights. In accordance with the Juvenile Justice Act, minors ought to be taken to an observational house instantly. Pandey, nevertheless, insisted that the act was adopted and the boy was introduced in entrance of the Juvenile Justice Board inside 24 hours.
He’s now within the Juvenile Justice Residence in Siwan.
The boy’s 70-year-old grandfather has additionally been arrested.
The 2 have been in a mosque saying their prayers when the Mahavir Akhara procession stopped exterior, stated Mohammad Aftab*, the minor’s 24-year-old cousin. Fearing for his or her security, they remained contained in the mosque, Aftab stated.
Pandey instructed Scroll.in that as of Tuesday, 20 folks had been arrested within the case. Of the 35 folks named within the first info report, 25 are Muslim and 10 are Hindu.
The case has drawn widespread criticism. “Even youngsters should not protected underneath the brand new “Secular Chacha” @NitishKumar rule,” stated Asaduddin Owaisi, head of the All India Majlis-E-Ittehadul Muslimeen, on Twitter. “As an alternative of catching the rioters, the police are focusing on Muslim youngsters. The police personnel ought to be given strict punishment and the relations of the kid ought to get compensation.”
In 5 movies of the violence reviewed by the Scroll.in, it seems that the clashes passed off in Barharia’s Purani Bazaar locality round 4.30 pm on Thursday. Males sporting saffron robes will be seen with swords and sticks as they march within the Mahavir Akhara rally. On the time of the Asr ki namaz, the Islamic late-afternoon prayers, the rally paused exterior the Madina Masjid. Stones have been hurled.
Movies of the incident present contributors within the rally throwing stones on the mosque and making an attempt to assault it. Different movies present Muslim males hurling stones from the highest flooring of the mosque.
Muslims instructed Scroll.in they have been solely trying to defending themselves, whereas Hindus declare Muslims began the violence.
Because the violence unfold, property was vandalised and 15 or 16 folks suffered minor accidents, residents declare. Nevertheless, district Justice of the Peace Pandey stated that no members of the general public have been injured although some police personnel sustained minor accidents.
“Every little thing is ok,” he stated. “These weren’t communal clashes.”
Requested why the Siwan administration didn’t imagine the clashes have been communal in nature, Pandey defined, “When there’s physique contact, when folks struggle between themselves, solely then it’s known as communal. Just some stone pelting was executed, that’s it.”
The boy’s grandfather was granted bail on Tuesday,
Mohammad Aftab*, the minor’s cousin, stated a bail plea for the boy was moved the identical day. “The necessities for our grandfather must be accomplished,” he stated. “And for my brother, we hope he’s launched from jail tomorrow [September 14] itself.”
He stated angrily that each the boy and his grandfather have been dropped at the court docket with their palms and waists sure in rope.
‘He cries every day’
Aftab, a civil engineer who returned from Bahrain within the Gulf lately, described the minor as a shy boy who stored to himself however by no means missed his prayers. He’s a Class 4 pupil in Iqra Public College, near the village. Aafreen Parveen*, one other cousin, stated that he was the form of baby who solely spoke when spoken to and didn’t prefer to get into fights.
His grandfather, Aftab stated, had served because the sarpanch of Barhariya village round seven years in the past. “They’ve arrested the form of man who would clear up the issues of others,” he stated. He added that his grandfather had been in hospital for a abdomen operation a month in the past and was nonetheless recovering from the process.
Whereas the household waits for the grandfather and the minor to return house, his mom has her palms full. Her husband had gone to Delhi to use for jobs and the household has requested him to remain there, fearing that he might be harassed by the police if he returned. “We don’t suppose it’s a good time for him to return to Siwan,” stated a cousin of the minor.
The boy’s mom stated that she has been allowed to see her son for under 5 or ten minutes each day. “Each time he cries profusely asking what he did mistaken and when he’ll come house,” she stated.
She stated that wishes her son to return again house shortly. “How can they separate an eight-year-old from his mom?” she requested.
*Names of these associated to the minor within the story have been modified to guard his identification.
