From crime to compensation, recalling the 2018 Muzaffarpur shelter home case

The case had attracted national attention, and Chief Minister Nitish Kumar had handed over the investigation to the CBI. The trial was shifted to Saket court in Delhi. In February 2020, the court sentenced shelter home owner Brajesh Thakur and 11 others to life imprisonment.

The Indian Express covered the case extensively. Here are the major milestones.

* TISS REPORT: A group of researchers led by Mohammed Tarique of the Tata Institute of Social Sciences (TISS) had met senior official Atul Prasad, who was at the time principal secretary, social welfare department in the Bihar government, with a request for permission to survey some private shelter homes in the state.

Prasad (who is now Bihar development commissioner) suggested government shelter homes should also be included in the survey, so that the state government is able to get a comprehensive picture of the situation. The mandate was to find some examples of best practices, and suggest ways to improve the living conditions of inmates at 110 shelter homes across the state.

The TISS researchers, however, found complaints of harassment and sexual abuse at 15 of these shelter homes.

Legislators stage a protest against the Muzaffarpur shelter home rape case outside the Bihar Assembly in Patna in 2018. (PTI Photo/File)

* DELAY IN FILING FIR: The TISS team completed its report in February 2018, and submitted it to the state government in April 2018. Some portions of the report were leaked, and the state government was embarrassed.

A month later, the social welfare department took serious note of the matter, and the first FIR was registered against Brajesh Thakur, a Muzaffarpur shelter home in-charge and local journalist, and 11 others at the Mahila police station under provisions of the Indian Penal Code and Protection of Children from Sexual Offences (POSCO) Act, 2012.

The accused also included some government officials.

* CBI TAKES OVER: After a national uproar ensued, the state government moved inmates of Muzaffarpur shelter home to other shelter homes on May 29. Two days later, a special investigation team was set up, and a Mahila police station team met all the victims.

The shelter home run by Thakur was sealed in June. Thakur, who ran a Hindi newspaper in North Bihar, had good political connections. The Indian Express reported that Thakur’s NGO had once been in contention for a state award, and that his newspaper, which published only 300 copies, had been shown to have a circulation of 60,000 to get advertisements from the Bihar government.

Victims in their statements before the court narrated stories of torture and sexual abuse. In July, the Chief Minister recommended to the central government that the case should be handed over to the CBI. Subsequently, the CBI took over the investigation into the allegations of abuse at the Muzaffarpur shelter, and the related cases that had been registered in other districts.

* SC SEEKS REPORT: In August 2018, the Supreme Court took cognizance of the case, and sought reports from both the central and state governments.

The Bihar government suspended six assistant directors of the social welfare department for delaying action on the TISS report. That same month, the Supreme Court directed the media not to publish any report on the shelter abuse case. The apex court subsequently clarified its order.

* MINISTER RESIGNS: Bihar social welfare minister Manju Verma had to resign. This was not just because of the shelter abuse case, but also because her husband was facing a case under the Arms Act in Begusarai.

* REPORTS OF SKELETONS: After some victims alleged that a few inmates could have been killed and buried, the CBI with help from the district police dug up the lawns of Brajesh Thakur’s property. No evidence for buried bodies was, however, found.

The CBI found a skeleton elsewhere in the district, but its connection if any with the shelter home case could not be established.

* CASE SHIFTED TO DELHI: In November, the Supreme Court ordered the case be shifted to Delhi. The POCSO court in Saket was asked to take over the case from the Bihar POSCO court.

* TRIAL AND CONVICTION: The trial began in February 2019. Several victims testified against Brajesh Thakur and others. A “moochh wale uncle” was mentioned. In March, the court framed charges against 21 individuals under provisions of the IPC and POCSO Act.

The SC directed the CBI to expedite the probe. In November, the victims were asked to go back to their families. On February 11, 2020, the court sentenced Brajesh Thakur and 11 others to life in prison.

* COMPENSATION: On January 25, 2022, NHRC said the Bihar government had given Rs 3 lakh to Rs 9 lakh compensation to 49 victims of the shelter case.

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