Posts Tagged ‘Dignity’

Urgent Appeal: Assam police harass and threaten a rape victim

February 10, 2011

BARAK HUMAN RIGHTS PROTECTION COMMITTEE

Urgent Appeal No. BHRPC Case No 60/2011/UA/23/210 Dated: 10 February 2011

Dear Friends,

Acting on the information provided by Barak Human Rights Protection Committee (BHRPC), the Asian Human Rights Commission (AHRC) issued the following Urgent Appeal concerning the case of assault of a 24 year-old-girl and her mother by the police in Cachar district, Assam. Please take the suggested actions.

Yours sincerely

Waliullah Ahmed Laskar

Urgent Appeal Desk

Barak Human Rights Protection Committee

Rongpur, Silchar-9, Assam, India

INDIA: Assam police harass and threatened a rape victim

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-024-2011

To take actions please click here

8 February 2011
——————————————————
INDIA: Assam police harass and threatened a rape victim

ISSUES: Violence against woman; rape; assault; police corruption
——————————————————

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Barak Human Rights Protection Committee (BHRPC), Assam concerning the case of rape of a 20 year-old-woman by her father-in-law. The victim was raped because she belongs to a poor family and was unable to provide the dowry during the time of her marriage. A complaint was then lodged to the local police station but to-date no action has been taken. Instead, the victim was threatened by the investigating officer to withdraw the complaint.

CASE NARRATIVE:

On December 2009, Mrs. Sonia (name changed) aged about twenty years was married to Mr. Pabitra Das. Sonia’s husband Pabitra does not have any proper source of income for their livelihood. He sells low quality ornaments in remote villages. Sonia’s father-in-law, Mr. Haricharan Das is a widower and works as a teacher in a government school.

Sonia belongs to a poor family and her father Mr. Dondodhar Das could not provide a sufficient dowry during the time of her marriage. Sonia alleged that after four/five months after her marriage, hers husband’s family demanded Rs. 50,000/= and a bicycle as dowry. When Sonia expressed her father’s inability to provide the demanded dowry, the entire husband family gradually started subjecting Sonia to mental and physical harassment. This was perpetrated mainly by Sonia’s father-in-law.

Sonia’s husband, and his unemployed younger brother Mr. Jayanta Das, used to leave home early in the morning everyday in search of work and return around 10pm. Sonia alleged that her father-in-law Haricharan beat her one day in his son’s absence and forced Sonia to have sex with him. This incident left Sonia traumatised. Sonia was at her wit’s end and could not tell anyone out of shame, disgust and fear. She has since been compelled to have sex with her father-in-law on several occasions.

The conditions became unbearable for Sonia that finally she told everything to her husband. Pabitra, instead of trusting his wife, hurled verbal abuse at her and accused Sonia of trying to malign his father and his relatives with the intension of breaking up the family. Sonia could no longer endure the agony and anguish and returned to her maternal home on July 2010. Sonia told her father and mother about the demand of dowry, ill-treatment and cruelty towards her but did not tell them of rape and molestation by her father-in-law.

Sonia’s father Dondodhar thought it was a normal wear and tear of conjugal life or at most a little ill-treatment for dowry. Dondodhar insisted that his daughter reconcile with her husband and their family so that She could start a new life, forgetting the past incidents. Dondodhar along with other village elders went to Haricharan’s house to discuss all matters other than the sexual harassment of his daughter Sonia. Sonia was then told by her father to stay with her husband and their family after the discussion.

It is reported that on September 2010 Haricharan with his whole family moved to Dhoomkar village from Salimabad. The place was new for Sonia and she did not know anyone. At this juncture, Haricharan once again started sexually assaulting his daughter-in-law. When Sonia could no longer bear to keep quiet and suffer in silence she told her husband on 29 November 2010. Pabitra became furious as he was already convinced of his father’s innocence and started beating Sonia. Sonia’s father-in-law and brother-in-law, Jayanta, joined him in assaulting Sonia.

Sonia alleged that the three men were trying to kill her and later that night at around 10 pm managed to escape the house. The father and sons tried to follow Sonia but could not trace her in the darkness. Mr. Somorendra Deb, resident of Dhoomkar and other passers-by including Ms. Ratna Das, President of Korkori Gaon Panchayat and Mr. Narat Lal Das, Vice-president of Korkori Gaon Panchayat found Sonia, gave her shelter, and informed the local police.

It is reported that on 30 November 2010 Sonia lodged a complaint to the Kalain police outpost but it was not registered in the police station. Therefore, Sonia filed two other complaints in the Court of Chief Judicial Magistrate (CJM), Silchar on 6 December 2010. The CJM clubbed both the complaints together and directed the Katigorah Police Station (PS) to register a First Information Report (FIR) and investigate the case.

Thereafter, an FIR was registered at Katigorah PS as Case no. 666/10 under Sections 376 (punishment for rape) and 498A (husband or relative of husband of a woman subjecting her to cruelty) of the Indian Penal Code, 1860 (IPC) against Sonia’s husband Pabitra, brother-in-law Jayanta and Haricharan, father-in-law. Mr. Prabhat Saikia, a Sub-Inspector of Police and In-Charge of Kalain police outpost was made the Investigating Officer (IO) of the case.

However, the police did not take any actions to investigate the case based on the FIR. Instead, the IO met the victim, Sonia, and pressured her to withdraw the complaint and to settle the matter amicably. Sonia alleged that the IO threatened to render her family beggars and homeless if she continued to pursue the case in courts or any other legal forums.

On 30 December 2010, Sonia wrote a written complaint to the district Superintendent of Police (SP) about the misconduct of the IO and requested the SP to intervene in investigating her case. There has been no response or action from the SP as yet on Sonia’s complaint.

SUGGESTED ACTION:
Please write letters to the authorities mentioned below expressing your concern in this case and urge them to ensure legal redress to the victim.

The AHRC is writing separate letter of concern to the UN Special Rapporteur on violence against women, its causes and consequences, calling for an intervention in this case.

To take actions please click here

SAMPLE LETTER:

Dear __________,

INDIA: The rape of a 20-year-old woman must be investigated and prosecuted

Name of victim: Mrs. Sonia (name changed) aged about 20 years, resident of village Korkori Part-III, Kalain under Katigorah Police Station, Cachar district, Assam state
Names of alleged perpetrators:
1. Mr. Pabitra Das, Sonia’s husband
2. Mr. Haricharan Das, Sonia’s father-in-law
3. Mr. Jayanta Das, Sonia’s brother-in-law
All residents of Dhoomkar village under the jurisdiction of Katigorah Police Station, Cachar district
Date of incident: Between July – November 2010
Place of incident: Dhoomkar village, Kalain under Katigorah Police Station, Cachar district

I am writing to voice my deep concern regarding the rape case of Sonia (name changed), a 20 year old woman by her father-in-law. I am informed that Sonia was raped because she belongs to a poor family and her family could not provide the dowry during the time of her marriage. Sonia was married on December 2009 to Mr. Pabitra Das. Sonia alleged that after four to five months after her marriage her husband’s family demanded Rs.50,000 and a bicycle as dowry. When Sonia expressed her father’s inability to provide the demanded dowry, the entire husband family gradually started subjecting Sonia to mental and physical harassment. This was being perpetrated mainly by Sonia’s father-in-law.

I am informed that Sonia’s husband Pabitra sells low quality ornaments in remote villages to earn money. Pabitra and his younger brother Mr. Jayanta Das used to leave home early in the morning and return around 10pm everyday in search of a job. Sonia’s father-in-law Mr. Haricharan Das is a widower and works as a teacher in a government school. Sonia alleged that her father-in-law beat her one day on his son’s absence and force her in sexual submission. This incident left Sonia shattered at the core and traumatised. Since then Sonia was at her wit’s end and could not tell anyone out of shame, disgust and fear and was compelled to have sex with her father-in-law several times.

I am informed that the conditions became unbearable for Sonia that she told everything to her husband. Pabitra, instead of trusting his wife, he verbally abused her and accused Sonia of trying to malign his father and relatives with the intension of breaking up the family. Sonia could no longer endure the agony and anguish and returned to her maternal home on July 2010. Sonia told her father and mother about the demand of dowry, ill-treatment and cruelty towards her but did not tell them of rape and molestation by her father-in-law. Sonia’s father Dondodhar thought it was a normal wear and tear of conjugal life or at most a little ill-treatment for dowry.

I am informed that Dondodhar insisted on his daughter Sonia to reconcile with her husband and their family so that Sonia can start a new life forgetting the past incidents. Dondodhar along with other village elders went to Haricharan’s house and discuss all matters other than the sexual harassment of his daughter Sonia. Sonia was then told by her father to stay with her husband and their family after the discussion.

I am informed that on September 2010 Haricharan with his whole family has moved to Dhoomkar village from Salimabad. The place was new for Sonia and the neighbours were unacquainted. At this juncture, Haricharan once again started sexually assaulting his daughter-in-law Sonia. When Sonia could no longer bear to keep quiet and suffer, she told her husband on 29 November 2010. Pabitra, Sonia’s husband, got furious as he was already convinced by his father and started beating Sonia. Pabitra’s father Haricharan and his younger brother Jayanta joined him in assaulting Sonia.

Sonia alleged that she was trying to kill by father-sons trio during an assault. Sonia managed to escape her husband’s house the same night around 10pm. The father-sons trio followed Sonia but could not trace her in the darkness. Mr. Somorendra Deb, resident of Dhoomkar and other passers-by including Ms. Ratna Das, President of Korkori Gaon Panchayat and Mr. Narat Lal Das, Vice-president of Korkori Gaon Panchayat found Sonia, gave her shelter, and informed the local police.

I am informed that on 30 November 2010 Sonia lodged a complaint to the Kalain police outpost but it was not registered in the police station. Therefore, Sonia filed two other complaints in the Court of Chief Judicial Magistrate (CJM), Silchar on 6 December 2010. The CJM clubbed both the complaints together and directed the Katigorah Police Station (PS) to register a First Information Report (FIR) and investigate the case.

I am informed that thereafter an FIR was registered at Katigorah PS as Case no. 666/10 under Sections 376 (punishment for rape) and 498A (husband or relative of husband of a woman subjecting her to cruelty) of the Indian Penal Code, 1860 (IPC) against Sonia’s husband Pabitra, brother-in-law Jayanta and Haricharan, father-in-law. Mr. Prabhat Saikia, a Sub-Inspector of Police and In-Charge of Kalain police outpost was made the Investigating Officer (IO) of the case.

However, the police did not take any action to investigate the case based on the FIR. Instead, the IO met the victim, Sonia, and pressured her to withdraw the complaint and to settle the matter amicably. Sonia alleged that the IO threatened to render her family beggars and homeless if she continued to pursue the case in courts or any other legal forums.

I am informed that again on 30 December 2010, Sonia wrote a written complaint to the district Superintendent of Police (SP) about the misconduct of the IO and to seek his intervention in investigating her case. There has been no response or action from the SP as yet on Sonia’s complaint.

I therefore request you to intervene in this case to ensure the following:

1. The police must immediately record the statement of the victim;
2. Should there be any request from the victim for protection against further threat, the police must provide the same to the victim;
3. The statements of other witnesses in the incident are to be recorded by the police without any further delay;
4. The suspicious conduct of the police officer who is in charge of the investigation of the case must be investigated by a superior officer and if the inquiry finds that the officer is at fault, he must be punished;
5. A female officer must investigate the case

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1. Mr. Justice S. Barman Roy
Chairperson
Assam Human Rights Commission
STATFED H.O. Building, GMC Road
Bhangagarh, Guwahati
Pin – 781005, Assam
INDIA
Fax: +91 361 2529450, 2527076
Email: hrca@sancharnet.in

2. Mrs. Krishna Tirath
Minister of State
Ministry of Women and Child Development
Shastri Bhavan, Jeevandeep Building
New Delhi
INDIA
Fax: +91 11 23074052, 23074053, 23074054

3. Mr. Tarun Gogoi
Chief Minister of Assam
Assam Secretariat, Dispur
Guwahati-6, Assam
INDIA
Fax: +91 361 2262069

4. Chief Secretary
Assam Secretariat, Dispur
Guwahati-6, Assam
INDIA
Fax: +91 361 2260900
Email: psccy_it@assam.nic.in

5. Director General of Police
Assam, Ulubari
Guwahati-7, Assam
INDIA

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

To take actions please click here

Posted on 2011-02-08

AHRC URL: http://www.ahrchk.net/ua/mainfile.php/2011/3649/

Advertisements

URGENT APPEAL: Police assaulted mother and daughter during mid-night at home

February 1, 2011

BARAK HUMAN RIGHTS PROTECTION COMMITTEE

Urgent Appeal No. BHRPC Case No 59/2010/UA/23/210 Dated: 01 February 2011

Dear Friends,

Acting on the information provided by Barak Human Rights Protection Committee (BHRPC), the Asian Human Rights Commission (AHRC) issued the following Urgent Appeal concerning the case of assault of a 24 year-old-girl and her mother by the police in Cachar district, Assam. Please take the suggested actions.

Yours sincerely

Waliullah Ahmed Laskar

Urgent Appeal Desk

Barak Human Rights Protection Committee

Rongpur, Silchar-9, Assam, India

Download the Urgent Appeal

INDIA: Assam police assaulted mother and daughter during mid-night at home

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-019-2011

Click here to support the appeal

1 February 2011
——————————————————
INDIA: Assam police assaulted mother and daughter during mid-night at home

ISSUES: Assault; Threats; Witness protection; Police inaction and negligence
——————————————————
Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Barak Human Rights Protection Committee (BHRPC), Assam concerning the case of assault of a 24 year-old-girl and her mother by the police in Cachar district, Assam. This incident occurred at midnight when the police were searching for a fugitive, Mr. Hussain Ahmed Laskar. Police then threatened the victims when a written complaint was filed with the local police station. Insofar, the local police have taken no actions on the victim’s complaint.

CASE NARRATIVE:

At midnight on 15 December 2010, a team of police officers knocked on the door of Ms. Hasina Begum Laskar’s house while they were sleeping. Hasina, aged about 24 years, lives with her 60-year-old mother, Mrs. Alfatun Nessa Laskar. Her father has passed away and the family lives at Barjatrapur Village under the jurisdiction of Borkhola Police Station in Cachar district of Assam.

Hasina asked the persons to identify themselves and the reason for the visit. The officers told her that they were from the police and wanted to enquire about a fugitive name Mr. Hussain Ahmed Laskar. Hasina replied that she did not know the person. The police officers then demanded that Hasina open the door and when she refused they entered the house forcefully after breaking open the door.

It is reported that Sub-Inspector Mr. Ibrahim Khalilullah Kabir of Borkhola Police Station in Cachar district of Assam state led the police officers. Ibrahim is also the Officer-in-Charge of Bhangarpar Police Out-Post of Borkhola Police Station. Hasina alleges that the police officer was accompanied by his fellow constables and not any woman police officer, as is required by the law.

Officer, Ibrahim, asked Hasina a few questions about the fugitive Hussain before suddenly grabbing Hasina’s hand. Hasina claims that the officer pulled her closer as if he had intentions to sexually harass her. Hasina resisted the officer’s advances and that resulted in a scuffle. Hasina then started screaming for help. Upon hearing Hasina, her mother woke up. When the mother came into the room where Hasina and the officer were struggling she tried to stand in between the officer and her daughter, in order to protect her daughter and free her from the officer. The officers infuriated by the resistance of the two women, started assaulting them. Hasina’s mother vomited at the time, after suffering injuries from the assault and undoubtedly from shock due to fear. Then she fainted and fell to the ground.

It is reported that Hasina’s neighbours started gathering near the house after hearing the cries of Hasina and her mother. The police left the house after seeing the people. Hasina’s neighbours dialed an emergency helpline number 108 (free medical services provided by the government) and explained the incidents briefly. An ambulance came and picked-up Hasina’s mother and took her to the Silchar Medical College Hospital. Hasina’s mother was later discharged from the hospital but is still under medication.

On 18 December 2010, Hasina lodged a written complaint with the Superintendent of Police (SP) of Borkhola Police Station, Cachar district, Assam. However, following this, Hasina alleged that an unknown person called her mobile and threatened that if she proceeded against the police officer, she would suffer grave consequences. Again on the following day, the day Hasina lodged a complaint to the SP, she received another called from unknown person at 11.03am on her mobile and the same threat was repeated. Hasina received both incoming call on her mobile from the same number +91 9859628761. To-date, the SP has taken no action on Hasina’s complaint.

SUGGESTED ACTION:
Please write letters to the authorities mentioned below, in particular to the Home Minister of Assam, expressing your concern in the case. The statements of the victims and witnesses must be recorded without any delay. The AHRC is writing separate letter of concern to the UN Special Rapporteur on violence against women calling for an intervention in the case.

To support this appeal, please click here

SAMPLE LETTER:

Dear __________,

INDIA: Assault of a 24 years old girl and her mother must be investigated

Name of victim: Ms. Hasina Begum Laskar, resident of Village Barjatrapur under the jurisdiction of Borkhola Police Station in Cachar district of Assam state
Names of alleged perpetrators: Mr. Ibrahim Khalilullah Kabir, Sub-Inspector of Borkhola Police Station and his fellow constables
Date of incident: 15 December 2010
Place of incident: Barjatrapur Village, Cachar district, Assam state

I am writing to voice my deep concern regarding the assault of a 24-year-old girl and her mother. I am informed that on 15 December 2010, at midnight, a team of police officers knocked on the door of Ms. Hasina Begum Laskar’s house while they were sleeping. Hasina lives with her 60-year-old mother, Mrs. Alfatun Nessa Laskar. Her father has passed away and the family lives at Barjatrapur Village under the jurisdiction of Borkhola Police Station in Cachar district of Assam.

I am informed that Hasina woke up hearing the knocking at the door asked the persons to identify and for why they are at their home. The officers told her that they were from the police and wanted to enquire about a fugitive name Mr. Hussain Ahmed Laskar. Hasina replied that she did not know the person. The police officers then demanded that Hasina open the door and when she refused they entered the house forcefully after breaking open the door.

It is reported that Sub-Inspector Mr. Ibrahim Khalilullah Kabir of Borkhola Police Station in Cachar district of Assam state led the police officers. Ibrahim is also the Officer-in-Charge of Bhangarpar Police Out-Post of Borkhola Police Station. Hasina alleges that the police officer was accompanied by his fellow constables and not any woman police officer, as is required by the law.

I am informed that officer, Ibrahim, asked Hasina a few questions about the fugitive Hussain before suddenly grabbing Hasina’s hand. Hasina claims that the officer pulled her closer as if he had intentions to sexually harass her. Hasina resisted the officer’s advances and that resulted in a scuffle. Hasina then started screaming for help. Upon hearing Hasina, her mother woke up. When the mother came into the room where Hasina and the officer were struggling she tried to stand in between the officer and her daughter, in order to protect her daughter and free her from the officer. The officers infuriated by the resistance of the two women, started assaulting them. Hasina’s mother vomited at the time, after suffering injuries from the assault and undoubtedly from shock due to fear. Then she fainted and fell to the ground.

It is reported that Hasina’s neighbours started gathering near the house after hearing the cry from Hasina and her mother. The police left the house after seeing the people. Hasina’s neighbours dialed an emergency helpline number 108 (free medical services provided by the government) and explained the incidents briefly. An ambulance came and picked-up Hasina’s mother and took her to the Silchar Medical College Hospital. Hasina’s mother was later discharged from the hospital but is still under medication.

On 18 December 2010, Hasina lodged a written complaint with the Superintendent of Police (SP) of Borkhola Police Station, Cachar district, Assam. However, following this, Hasina alleged that an unknown person called her mobile and threatened that if she proceeded against the police officer, she would suffer grave consequences. Again on the following day, the day Hasina lodged a complaint to the SP, she received another called from unknown person at 11.03am on her mobile and the same threat was repeated. Hasina received both incoming call on her mobile from the same number +91 9859628761. To-date, the SP has taken no action on Hasina’s complaint.

I ask for your immediate intervention in order to ensure that an investigation is carried out into this incident.

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1. Mr. Justice S. Barman Roy
Chairperson
Assam Human Rights Commission
STATFED H.O. Building, GMC Road
Bhangagarh, Guwahati
Pin – 781005, Assam
INDIA
Fax: +91 361 2529450, 2527076
Email: hrca@sancharnet.in

2. Mr. P.K. Bhuyan, APS
District Superintendent of Police
Borkhola Police Station
Cachar district, Assam
INDIA

3. Mrs. Krishna Tirath
Minister of State
Ministry of Women and Child Development
Shastri Bhavan, Jeevandeep Building
New Delhi
INDIA
Fax: +91 11 23074052, 23074053, 23074054

4. Mr. Tarun Gogoi
Chief Minister of Assam
Assam Secretariat, Dispur
Guwahati-6, Assam
INDIA
Fax: +91 361 2262069

5. Chief Secretary
Assam Secretariat, Dispur
Guwahati-6, Assam
INDIA
Fax: +91 361 2260900
Email: psccy_it@assam.nic.in

6. Director General of Police
Assam, Ulubari
Guwahati-7, Assam
INDIA

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Click here to take actions

Posted on 2011-02-01

See the appeal at its original location

Urgent Appeal: Woman forced to quit job and denied justice after sexual harassment in Assam

January 25, 2011

BARAK HUMAN RIGHTS PROTECTION COMMITTEE

Urgent Appeal No. BHRPC Case No 58/2010/UA/23/210 Dated: 25 January 2010

Dear Friends,

Acting on the information provided by Barak Human Rights Protection Committee (BHRPC), the Asian Human Rights Commission (AHRC) issued the following Urgent Appeal. Please take the suggested actions.

Yours

Waliullah Ahmed Laskar

Urgent Appeal Desk

Barak Human Rights Protection Committee

Rongpur, Silchar-9, Assam, India

Click here to send an appeal to the authorities

 

INDIA: Woman forced to quit job and denied justice after sexual harassment

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-011-2011

25 January 2011
——————————————————
INDIA: Woman forced to quit job and denied justice after sexual harassment

ISSUES: Violence against women; Sexual harassment; Police corruption
——————————————————

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the Barak Human Rights Protection Committee (BHRPC) concerning the case of Ms. Lara (name changed) a victim of sexual harassment from Assam state. It is reported that the victim had to resign from her job since her superior colleagues tried to sexually molest her. On the day of her resignation, the suspected officers tried to rape the victim at their office. The police, despite having registered a case against the suspects are now demanding the victim to forgive the suspects and settle the case.

CASE DETAILS:

It is reported that on 2 December 2010 at about 2.30pm, Lara’s two senior colleagues, Mr. Sandip Sarkar and Mr. Rajeeb Nath, assaulted, molested and attempted to rape Lara at the office of her company. Lara worked as an office assistant and a computer operator at Rose Valley Chain Marketing System Ltd., at Bhaga Branch in Assam state. The incident happened at the regional office of the company, where she was asked to report by her seniors. The company where Lara was employed is a subsidiary of Rose Valley Group with Registered Head Office at RGM-25/3010, Raghunathpur, VIP Road, Kolkata – 700059, West Bengal.

Sarkar is the Assistant Regional Manager at the regional office at Silchar, Assam state. Sarkar called Lara on 18 November 2009 at about 9pm on her mobile telephone and demanded sexual favours from Lara. Lara refused and requested Sarkar not to use such language with her in the future. Due to this, Lara alleges that Sarkar deliberately transferred her from Aizawl branch, Mizoram state to an office in Bhaga which is nearer to the regional office (about 45 Kilometres from Silchar).

Lara alleges that Sarkar then repeatedly called Lara and continued using unsolicited and sexually implicit language in the conversations, despite Lara’s request to stop it. Lara claims that Sarkar also tried requesting Lara’s colleague, Ms. Dolly (name changed), to convince Lara to pay heed to Sarkar’s unsolicited demands. Both Lara and Dolly being subordinate staff were helpless and worse, it was impossible for them to avoid Sarkar’s calls.

On one occasion Sarkar asked Lara and Dolly to come at Silchar Branch at 4pm. Lara and Dolly informed Sarkar that the last bus from Silchar to Bhaga stops at 4pm. Sarkar then offered Lara and Dolly to stay at a hotel at Silchar. However, they refused to travel to Silchar on that occasion.

Both Lara and Dolly complained to the Senior Marketing Officer Mr. Mrinal Kanti Dutta about the harassment to which Sarkar subjected them to. Dutta enquired into the matter. Instead of taking action against Sarkar, Dutta and the vigilance officer of the company requested Lara and Dolly to forgive Sarkar for the sake of the company’s name and goodwill.

Lara alleges that due to the complaint, Sarkar withheld her salary increment by misusing his senior position in the company. It is alleged that soon another senior colleague, Mr. Rajeeb Nath, became Sarkar’s accomplice in his misadventures against Lara. Nath contacted Lara and informed her that her pending salary increment would be released only if Lara agreed to Sarkar’s unsolicited requests for sexual gratification. Nath also informed Lara that she would be posted to her hometown Aizawl branch should she comply. Lara once again refused to the demands. Sarkar and Nath continued harassing Lara regularly over the mobile telephone continuously then on.

The situation gradually became so unbearable to Lara that she decided to resign. Lara submitted her resignation letter on 2 November 2010 to Mr. Jyoti Prasad Mohan, the Regional Manager, requesting the company to relieve her from the job on 30 November 2010. The same day, Lara went to the regional office at Silchar for the final settlement of her salary and other dues including the amount due to her from the Employees’ Provident Fund. Lara reached the regional office at Silchar by noon and found the Regional Manager not at the office.

Sarkar was in-charge of the regional office in the absence of the Regional Manager. It is alleged that Sarkar intentionally kept Lara waiting outside his cabin until 2.30pm. When Lara entered the cabin and took a seat, Sarkar called Nath over his extension to visit him. Nath came to the room immediately. Thereafter, both Sarkar and Nath asked Lara to stay in a hotel and have sex with them. They also told Lara that all her problems would be resolved if she obliged.

Lara sternly rejected the proposal and stood up from the chair. Suddenly, both Sarkar and Nath jumped over Lara and assaulted her physically. Both tried to overpower Lara and rape her then and there. Lara gathered strength and started shouting for help. Other colleagues in the office assembled near the room after hearing Lara shouting for help. However, Sarkar and Nath managed to escape from the office. Lara alleges that Sarkar was vigorously trying to remove her shirt. While they escaped, Sarkar snatched Lara’s gold chain that she was wearing. In the attempt to snatch the chain, Sarkar tore off Lara’s shirt. Lara alleges that the chain is worth Rs. 15,000.00.

Immediately after the incident, Lara filed a complaint at the Vairangte Police Station in Kolasib district, Mizoram state. The officer-in-charge (OC) forwarded the complaint to the Silchar Sadar Police Station on 3 December 2010. It was reported that on 4 December 2010 the OC of Silchar Sadar Police Station registered a case, number 2254 under Sections 342 (punishment for wrongful confinement), 354 (assault or criminal force to woman) and 427 (mischief causing damage) read with Section 34 (criminal conspiracy) of the Indian Penal Code, 1860 (IPC) against Sarkar and Nath.

It is also reported that Mr. Puia, Sub-Inspector of police is the Investigating Officer (IO) in the case. Lara alleges that the IO did not show any interest in investigating the case. Instead, the IO made several calls to Lara from various telephones asking her whether she wanted to rejoin the company or would join any other work. The IO expressed his readiness to help Lara in either way. According to Lara, the IO made his last call from the mobile number +91-94352 95037 at 6.27pm on 18 January 2011.

Lara suspects that the police is under the influence of Sarkar and Nath, for which they are using their position in the company. Lara alleges that the case would never be investigated and even today the police have failed to properly record her statement or to question other witnesses to the incident. Lara also fears that she will receive no further protection from her assailants, should they try to hurt her further or threaten her.

SUGGESTED ACTION:
Please send letters to the authorities named below expressing your concern in this case and urge them to ensure legal redress to the victim.

The AHRC is also sending a separate letter to the UN Special Rapporteur on violence against women, its causes and consequences, calling for an intervention in this case.

To support this appeal, please click here:

SAMPLE LETTER:

Dear __________,

INDIA: The molestation and attempted to rape of a working woman must be investigated

Name of victim: Ms. Lara (name changed), former employee of Rose Valley Chain Marketing System Ltd., Bhaga Branch in Assam state
Name of alleged perpetrators:
1. Mr. Sandip Sarkar, Assistant Regional Manager, Rose Valley Chain Marketing System Ltd., Silchar, Assam state
2. Mr. Rajeeb Nath, Officer, Rose Valley Chain Marketing System Ltd., Silchar, Assam state
Date of incident: 02 December 2010
Place of incident: Regional office of Rose Valley Chain Marketing System Ltd. at Silchar, Assam

I am writing to express my concern about the case of sexual molestation and attempted rape reported to me, wherein it is alleged that the investigating officer is not showing any interest to investigate the case properly. I am informed that the accused in the case sexually molested and assaulted the victim in the case, Lara, on 2 November 2010 at the regional office of the company where she once worked.

The victim in the case, Lara, worked as an office assistant and a computer operator at Rose Valley Chain Marketing System Ltd. at Bhaga Branch of Assam state. The company is a subsidiary of Rose Valley Group of Companies with Registered Head Office at RGM-25/3010, Raghunathpur, VIP Road, Kolkata – 700059, West Bengal.

I am informed that the main suspect in the case is Mr. Sandip Sarkar, an Assistant Regional Manager of the company stationed at the regional office in Silchar, Assam state. I am informed that Lara is accusing Sarkar that he had made several unsuccessful attempts to lure Lara into an illegal sexual relationship with him. For this, it is alleged that Sarkar misused his position at the office as an officer superior to Lara. I am informed that Sarkar transferred Lara to an office closer to the regional office where Sarkar is working. Lara also alleged that Sarkar had an accomplice in the crime, which is Mr. Rajeeb Nath, who is also a senior staff member of the same company. Lara alleges that on 18 November 2009 at about 9pm Sarkar contacted Lara over her mobile telephone and demanded sexual favours. I am informed that Lara refused outright and requested Sarkar not to use such language with her in the future.

I am informed that Lara’s transfer from Aizawl branch, Mizoram state to Bhaga was a deleberate action by Sarkar. I am informed that Sarkar then repeatedly called Lara over her telephone and demanded her to sleep with Sarkar. It is alleged that Sarkar even asked another female colleague, Ms. Dolly (name changed), to convince Lara that she should pay heed to Sarkar’s demands for sexual favours. I am informed that later Sarkar started receiving help from Nath to contact Lara and threaten her that should she continue to refuse Sarkar’s request she would have a tough time at the job.

I am informed that both Lara and Dolly complained to the Senior Marketing Officer, Mr. Mrinal Kanti Dutta, about the harassment against which there was an inquiry. However, the officer refused to act against Sarkar and Nath. Instead, the officer after the inquiry requested Lara and Dolly to forgive Sarkar for the sake of the company’s name and goodwill.

I am informed that Sarkar thereafter refused to pay salary increments to Lara. Dejected and abused, Lara resigned from the job on 2 November 2010. On the same day, Lara went to the regional office at Silchar for the final settlement of her salary and other dues including the Employees Provident Fund. It is reported that it is when Lara was summoned to Sarkar’s room on that day that Sarkar and Nath tried to rape Lara inside the office room. I am informed that other staffs members present in the office are witnesses to the event, at least to the extent that they had gathered around the room in which Lara was molested when they heard her cries for help. It is also reported that Sarkar, while he fled from the room snatched Lara’s chain worth Rs. 15,000.00.

I am informed that the complaint filed by Lara immediately after the incident at the Vairangte Police Station in Kolasib district, Mizoram was forwarded to Silchar Sadar Police Station on 3 December 2010. It was reported that on 4 December 2010 the OC of Silchar Sadar Police Station registered a case number 2254 under Sections 342 (punishment for wrongful confinement), 354 (assault or criminal force to woman) and 427 (mischief causing damage) read with section 34 (criminal conspiracy) of the Indian Penal Code, 1860 (IPC) against Sarkar and Nath.

However, instead of investigating the case, the OC is trying to persuade Lara to settle the matter. I am informed that Lara is now certain that her case would not be investigated and that Sarkar and Nath are using their influence and money to prevent the police from taking any action in the case. It is also reported that Lara is afraid that Sarkar or Nath will hurt Lara and that the police will provide no protection to her should something like that happen.

I am also informed that in a case decided by the Supreme Court of India, there are strict laws to be complied by the employers as well as the government to ensure safety of women from sexual harassment in places of work. Quite obviously Lara’s case is a direct contradiction of the Supreme Court’s directives in the Vishaka case.

I therefore request you to intervene in this case to ensure the following:

1. The police must immediately record the statement of the victim;
2. Should there be any request from the victim for protection against further threat, the police must provide the same to the victim;
3. The statements of other witnesses in the incident are to be recorded by the police without any further delay;
4. The suspicious conduct of the police officer who is in charge of the investigation of the case must be investigated by a superior officer and if the inquiry finds that the officer is at fault, he must be punished;
5. A female officer must investigate the case

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1. Mr. Tarun Gogoi
Chief Minister of Assam
Assam Secretariat, Dispur
Guwahati-6, Assam
INDIA
Fax: +91 361 2262069

2. Chief Secretary
Assam Secretariat, Dispur
Guwahati-6, Assam
INDIA
Fax: +91 361 2260900
Email: psccy_it@assam.nic.in

3. Mr. G M Srivastava
Director General of Police
Assam, Ulubari
Guwahati-7, Assam
INDIA

4. Mr. PU Lalthanhawla
Chief Minister of Mizoram
A/14, Zarkawt, Aizawl, Mizoram
INDIA
Fax: +91 389 2322245

5. Mr. R. Lalzirliana
Home Minister of Mizoram
Armed Veng “N”, Aizawl
Mizoram
INDIA

6. Mrs. Krishna Tirath
Minister of State
Ministry of Women and Child Development
Shastri Bhavan, Jeevandeep Building
New Delhi
INDIA
Fax: +91 11 24654849, 24654667, 24616466

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Send an appeal

Posted on 2011-01-25

A working woman harassed, molested and forced to quit her job and then denied justice

January 18, 2011


Download the complete report

A working woman was harassed sexually in work place by her senior colleagues in Assam, India. The victim, a computer operator of a private company, was subjected to a prolonged harassment, molestation and attempted rape. No actions were taken on her complaint by the higher officials of the company. The accused used their positions to make sure that she submitted herself to them and never complained against them. The situation became unbearable and she was compelled to quit the job. The company, however, did not pay her dues. A criminal case was registered by the police but no visible actions were taken. There is strong apprehension that justice would be denied and she would be subjected to further harassment by police.

Identification of the alleged victim(s):

Name: Ms. Esther Vanlalruati

Address: Village: Hospital Veng,

Police Station: Darlawn

District: Aizwal

Sate: Mizoram, India

Identification of the alleged perpetrators of the violation;

Name: 1. Mr. Sandip Sarkar

Assistant Regional Manager

2. Mr. Rajeeb Nath

Address: Regional Office

Rose Valley Chain Marketing System Limited

Shyama Prasad Road,

Shillongpatti, Silchar

Assam, India

A Subsidiary of Rose Valley Group of Companies with Registered  and Head Office at RGM-25/3010, Raghunathpur, VIP Road, Kolkata – 700059, West Bengal, India

Name: 3. Mr. Puiya

Designation: Sub Inspector of Police

Address: Silchar Sadar Police Station

Cachar, Assam, India

Date and place of incident:

Date: From 18 November 2009 at 09:00 pm still continuing

Place: Aizwal in Mizoram, Bhaga and Silchar in Assam, India

A detailed description of the circumstances of the incident in which the alleged violation occurred:

According to information received by Barak Human Rights Protection Committee (BHRPC), Ms. Esther Vanlalruati of village Hospital Veng under police station Darlawn in the district of Aizwal in Mizoram state, had been working as office assistant and computer operator in a company named Rose Valley Chain Marketing System Ltd, a subsidiary of Rose Valley Group of Companies with Registered and Head Office at RGM-25/3010, Raghunathpur, VIP Road, Kolkata – 700059, West Bengal, since December 2007. At first she was working at Aizwal Branch (which situates in Mizoram state of North East India). At that time, the Assistant Regional Manager Mr. Sandip Sarkar from regional office at Shyama Prasad Road, Shillongpatti, Silchar in Assam used to call Ms. Vanlalruati over the telephone often and would use sexually coloured language. In the like manner, he called her on 18 November 2009 at 09:00 pm and this time he directly demanded her sexual favours. But she refused outright and requested him never to use such language with her in future.

Mr. Sandip Sarkar, however, procured transfer of Ms. Vanlalruati to Bhaga Branch which is nearer to the regional office at Silchar (about 45 kms). Mr. Sarkar increased the frequency of his call to her and continued using unsolicited and sexually coloured languages including direct demand for sexual favours. Moreover, he started calling her friend and colleague Ms. Hellen Lalramnuami and would request her to influence Ms Vanlalruati into sexual submission to him.  It was impossible for them to avoid his call because he was their boss.

Another day Mr. Sarkar asked them to come at Silchar Branch at 4 pm with intention to make them stay for the night. When they told him that they would not be able to return because plying of buses from Silchar to Bhaga would stop after around 4pm, he offered them to stay at a hotel at Silchar. However, they refused.

Both Ms. Vanlalruati and Ms Lalramnuami complained to the Senior Marketing Member Mr. Mrinal Kanti Dutta about the harassment to which they were subjected by Mr. Sarkar. Mr. Dutta enquired into the matter. Instead of taking actions against the accused, Mr. Dutta and vigilance officer of the company requested the victims to forgive Mr. Sarkar for the sake of the company’s name and fame.

In order to teach a lesson to the victims and pressure them into submission, Mr. Sarkar kept Ms. Vanlalruati’s increment of salary pending by misusing his position. Then another official Mr. Rajeeb Nath also became an accomplice of Mr. Sarkar. Mr. Nath contacted Ms. Vanlalruati and told her that all her increment would be released and she would also be posted at her home town Aizwal provided that she submitted herself to the demand of Mr. Sarkar. But she refused. Since then both Mr. Sarkar and Mr. Nath continued harassing the ladies regularly over the telephone.

The situation gradually became unbearable to Ms. Vanlalruati and she decided to quit the job. She submitted her resignation letter on 02 November, 2010 to Mr. Jyoti Prasad Mohan, the regional manager to be effective from on 30 November, 2010. On 2 December, 2010 she went to the regional office at Silchar for final settlement of her salary and other dues including Employees Provident Fund, Human Resource Assistance etc.

When she reached the regional office at Silchar at around 12 noon, she found the Regional Manager out of station. The main accused Mr. Sandip Sarkar was in charge of the office. Mr. Sarkar intentionally kept her waiting outside his cabin until 2:30 pm. When she entered the cabin and took her seat, he called Mr. Rajeeb Nath over the phone and the latter immediately entered the cabin. Both of them then asked her to stay in a hotel and have sex with them. If she obliged all her problems would be resolved, they told her. Ms. Vanlalruati sternly rejected this proposal and got up from the chair. Suddenly both of them jumped on her and assaulted her physically. They tried to overpower her and rape her then and there. She gathered strength and started shouting. Other office bearers assembled at the noise. Nevertheless, both the accused somehow managed to escape. Ms. Vanlalruati claimed that Mr. Sandip Sarkar was pulling her shirt and while he escaped he took her gold chain worth Rupees 15000/- (fifteen thousand) along with the upper part of her shirt.

Ms. Esther Vanlalruati filed a complaint at Vairengte Police Station (PS) in Kolasib district, Mizoram. The officer in charge (OC) forwarded it to the Silchar Sadar Police Station on 3 December, 2010 and the OC of this PS registered it as Case No. 2254 under sections 342, 354, 427 read with section 34 of the Indian Penal Code, 1860 dated 4 December 2010 against Mr. Sandip Sarkar and Mr. Rajib Nath. Sub Inspector of police Mr. Puia was made the Investigating Officer (IO) of the case. The victim claimed that the IO did not show any interest in investigating the case after only recording the statement of the victim. According to her, he also started annoying them. He made several calls to her from various mobile numbers, but did not want to talk about the case or investigation. He continued to ask her whether she wanted to rejoin the company or she would join any other work. He expressed his readiness to help her in either way. He last made a call from mobile number +919435295037 to Ms. Vanlalruati’s mobile number +9197774782396 at 6.27pm on 18 January 2011. This overzealousness of the officer made the victim suspicious of his motive, who is only interested in getting justice.

Illegal Arrest, Torture of Civilians by Central Reserve Police Force Personnel

January 18, 2011

Illegal Arrest, Torture of Civilians by Central Reserve Police Force Personnel

On 19 March, 2008 at about 10.30 pm one Gypsy and two 407 truck-ful of CRPF personnel belonging to 147 battalion camping at Kashipur, Cachar along with Mr. S C Nath, an Assistant Sub Inspector of Police posted at Borkhola police station in Cachar, came at Behara Bazar under the jurisdiction of Katigorah police station, Cachar and picked up Mr. Ranjit Roy, Mr. Birbikram Deb and Mr. Raju Kar at gun point.

These three youth are ordinary residents of Behara Bazar and by occupation businessmen with small shops at the bazaar. As usual they were shutting the shutters of their shops after the day’s drudgery to go home when they were accosted by the said security forces. The CRPF personnel started to beat them with gun butt and bayonet inflicting intentionally severe pain causing sufferings and hurts on their persons apparently to intimidate them and rob them of their belongings. When at the scream of the victims people started to come out and gather around the scene the CRPF men took them aboard a vehicle and went away.

They went to an adjacent temple named Loknath Mandir at Nilcherra and woke up Mr. Sandipan Chakrabarti and Subir Guha, drivers of the temple, who were asleep there. Here also the CRPF jawans applied their gun butts and bayonets causing more serious injuries to both the said persons with intention to force them to board a vehicle at which Mr. Swapan Bhattacharya, the priest of the temple, protested. Abuses and intimidation were also hurled at him. But on the possibility of waking up nieghbourhood people by this hullabaloo the CRPF personnel left these two victims.

Now they went with the first mentioned three victims not to the Katigorah police station under which jurisdiction they were in action but to the Borkhola police station and tried to persuade Mr. Ajijur Rahman, the Officer in Charge of the police station, to register an FIR against the victims by producing six fresh bullets and claiming that these had been found with the victims. After interrogation Mr. Ajijur Rahman denied to admit the CRPF theory that the victims belonged to any non-state armed organizations as well as to frame them as such. But Mr. Ajijur Rahman himself detained the victims illegally for the whole night instead of making arrangement for their medical treatment. He acted in contravention of strictures of the law of the land and international human rights law, perhaps, as well-known practice of Assam Police suggests, for a few thousand rupees from the victims.

There was an eerie environment of fear and tension everywhere in Barak Valley when the news reached people the next morning. Despite this, some individuals and organizations including Barak Human Rights Protection Committee came into action and contacted senior police officers and the Deputy Commissioner of Cachar. The five victims were sent to the Silchar Medical College and Hospital, Silchar for treatment.

ASI S C Nath stated on 20 March, 2008 at the Office of the Superintendent of Police in the presence of media and social and human rights activists that CRPF personnel themselves had kept the bullets in the pockets of the victims forcibly. Senior CRPF officer S S Bohar made himself present at the SP office a little later and apologized to the people for the incident of the day before. He admitted that CRPF acted wrong information and also promised that there would be an inquiry into the matter. SP, Cachar also promised to take necessary actions in this regard.

On the other hand, Mr. Biswajit Sinha, the OC of Katigorah police station denied to register the complaints filed by the Mr. Ranjit Roy and his two companion victims and by the authority of Nilcherra Loknath Mandir as FIRs. Mr. Ranjit Roy and others alleged in their complaints that Mr Tapan Deb, Mr. Sujit Deb of village Dinanathpur and Mr. Sanjay Mahato of village Chayaranbasti were behind the whole incident. Local people alleged that these three persons are known as CRPF informer as well as members of an AOG having a camp in the area. Mr. Kanailal Bhattacharya, joint secretary of Desh Bondhu Club, was called on his cell number 94353 72029 from +9194356 66043 at 6. 57 pm on 21 March, 2008 and threatened with death apparently for his co-operation with BHRPC fact-finding team. The caller was Tapan Deb and the number from which the call was made is usually used by local chief of the AOG, Mr. Bhattacharya alleged. He also claimed that Mr. Tapan Deb, Mr. Sujit Deb and Mr. Sanjay Mahato have been using the AOG camp as their hideout. Local people also alleged that Mr. Haidar Hussain Laskar, an ASI at Behara Outpost works as an informer of the AOG more than as a police officer on the ground that if he was given any information regarding the trafficking of arms and ammunitions and other illegal activities of the AOG he cautions them instead of taking any actions against them.

In the complaint Mr. Ranjit Roy, Mr. Birbikram Deb and Mr. Raju Kar also alleged that the CRPF personnel took away rupees 2,275.00 (two thousand two hundred and seventy five) only, rupees 6,000.00 (six thousand) only and a wrist watch and rupees 2,320.00 (two thousand three hundred and twenty) only from them respectively at gun point.

Illegal Detention and Harassment of a Senior Citizen

January 18, 2011

Illegal Detention and Harassment of a Senior Citizen

A senior citizen named Hussain Ahmed Laskar, S/o Late Twahir Ali Laskar of village Neairgram Pt.-I under Silchar Sadar Police Station in Cachar district in Assam was detained by the Officer-In-charge of the said police station at 3 Pm on 7/10/06.

After some time, when he was contacted and informed of the fact, the Secretary General of Barak Human Rights Protection Committee (BHRPC) visited the police station and came to know that the detainee had come to the Police Station to enquire about the charges of offences against one Habibullah Laskar and others.

Mr. H A Laskar is a retired head master and a respectable person in his village. However, the Secretary General came to know that there is a police case against him vide Silchar Police Station Case No. 1208/06, although, the Hon’ble Gauhati High Court had accorded him pre-arrest bail regarding the case vide BA No. 2401 / 2006 dtd. 27-09-06. As the Secretary General smelt foul play in the offing on the part of the police against the detainee he guarded him physically till 2 AM. The senior citizen was kept sitting and standing and meted out rude behavior the whole night.

Next morning a team from BHRPC led by Advocate Imad Uddin Bulbul, legal adviser to BHRPC visited the police station and rescued the detainee. He was detained illegally for about 23 hours by the police without following the required procedure of arresting persons established by law. The detainee informed that before the visit of Secretary General, police were pressing him hard for Rs. 10,000.00 (Ten thousand) only as the price for his release.