Posts Tagged ‘NCW’

A minor patient allegedly raped by government doctor in Cachar, Assam

December 31, 2011

Barak Human Rights Protection Committee (BHRPC) received information about rape of a minor girl by Physician In-Charge of Dholai Primary Health Centre (PHC) in Cachar, Assamat his residence about 4 pm on 27th November 2011. Miss Rajia Begun, (name changed to protect identity) a minor girl, went to a pharmacy at Dholai Bazar, where Dr. Paul privately practices, for medical consultation for her ailment. Dr. Paul asked her to visit him at his residence in the evening. Accordingly she went there, accompanied by her sister-in-law (brother’s wife), where she was allegedly raped by Dr. Paul. Later, on the same day she filed a complaint at the Dholai Police Station and the case has been registered as First Information Report No. 302/11 dated 27/11/11 under Section 367 of the Indian Penal Code, 1860. The victim has not yet been provided with any compensation and there is also the risk of impunity involved in the case.

BHRPC first received information about the case from a news paper report published on 28 November 2011 in local newspapers. BHRPC then contacted the victim and her relatives, and collected certified copies of the FIR and deposition of the victim under section 164 of Cr. P C, 1973 before a Judicial Magistrate (First Class) at Silchar.

According to the information thus gathered, the victim Miss Rajia Begum is a student of class X, aged about 17, daughter of Khalil Uddin and a resident of villageIslamabadunder Dholai Police Station in the district of Cachar,Assam. The alleged perpetrator is Dr. Dilip Paul of village Sadagram under Dholai Police Station. He is the In-charge physician of Dholai Public Health Centre at Dholai Bazar,Cachar,Assam.

According to Miss Rajia Begum on 27 Nov, 2011at about 4pm she along with her sister-in-law Nur Nahar (name changed to protect identity) went to a pharmacy at Dholai Bazar to consult a physician. There they met Dr. Dilip Paul who asked about her illness and advised her to go to his residence in the evening. The victim also stated that accordingly she went to the residence of Dr. Paul accompanied by Mrs. Nur Nahar (name changed to protect identity) in the evening. Dr. Paul asked her to come inside the room but did not allow her sister-in-law inside. He asked Mrs. Nur Nahar to wait outside.

 According to the deposition of the victim before the magistrate, after she entered the room, Dr. Paul closed the door and asked her to lie on the bed and close her eyes. She also stated that Dr. Paul then suddenly put his hand on her mouth and forcibly raped her against her will. She claimed that she could not cry out for help because of the tight grip of Dr. Paul’s hand on her mouth. According to her, when he finished, his grip fell loose and she pushed him aside and ran out by opening the door.

She also stated that she told her sister-in-law all about the incident. They both went home crest fallen and humiliated. Later, on the same day they went to the Dholai Police Station accompanied by her brother and lodged a complaint which was registered as mentioned above. The case has been assigned to Sub-Inspector of Police Mr. Bimal Shaikia for investigation.

It is reported that even after more than one month of the incident and registration of the FIR the police failed to arrest the accused and the officer in charge of the police station has not forwarded to a Magistrate empowered to take cognizance of the offence on a police report, a report under section 173 of the CrPC.

BHRPC thinks that the information provided in the FIR and in the deposition U/S 164 of the Cr.PC reveals prima facie case of violations of fundamental right to life and personal liberty provided under Art 21 of the Constitution of India along with an offence punishable under section 376 of the IPC.

This is also a prima facie case of violations of the universally recognized human rights as stated in the Universal Declaration on Human Rights and the UN Declaration on Violence Against Women as well as the provisions of legally binding International human rights treaties, to which India is a state party, including ICCPR, UN Convention Against Torture, Cruel, Inhuman and Degrading Treatment and Punishment, The UN Convention on Elimination of All Forms of Discrimination Against Women and The UN Convention on the Rights of the Child.

ASCW issues notice to SP, Cachar concerning a case of domestic violence

May 3, 2011

Press Statement

For immediate release

03 May, 2011, Silchar

ASCW issues notice to SP, Cachar concerning a case of domestic violence

Assam State Commission for Women (ASCW) issued notice to the district Superintendent of Police in Cachar asking him to submit a report to the commission regarding the case. The letter signed by Monidipa Borkotoki, the member secretary of the commission said that the legal advisory committee of the ASCW heard the complaint forwarded to it by the National Commission for Women (NCW) and passed an order. The order asked for a report from the concerned SP regarding the details of the complaint and for notice to the complainant for her appearance on the next date to hear the complaints in detail for further action.

 The case involves allegations of extortion and harassment of Sharmista Das, daughter of late Rishikesh Dutta, resident of Narsing Road, Shibam Apartment Ground, Ambicapatty, Silchar, (Cachar, Assam) the victim. She alleged that she and her mother had been forced to pay bribes by the police when she lodged complaints about harassment and cruelty allegedly meted out to her by her husband and other in-laws for dowry. According to the victim the cases have been registered but no effective actions have been taken. Instead, the victim alleges, they harassed her and her relatives and forced her to pay rupees 30,100.00 (thirty thousand and one hundred) and attempted to get another Rs. 50,000.00 (fifty thousand) by virtual detention and threat of dire consequences between 3 November, 2009 and 20 March, 2010. (See the detail here)

 Barak Human Rights Protection Committee (BHRPC) documented the case and wrote to the authorities including the NCW urging for their intervention for the sake of justice. No information was received by BHRPC after several reminders, except a letter from the NCW that the case was forwarded to the ASCW. In response of BHRPC letter dated 28 March 2011 the ASCW informed about the order of their legal advisory committee and notice to the SP.

 According to BHRPC the action of the ASCW is a good gesture but too late and too little.

In a letter to the member-secretary fo the ASCW BHRPC stated that the complaint of the victim involves three cases vide 1. Silchar PS Case No. 2126/2009 dated 3 November, 2009 under section 498A of the Indian Penal Code, 1860 (IPC), 2. Silchar PS Case No. 509/10 under sections 379 and 406, IPC, 3. Case No. 155 M/2010 in the Court of Executive Magistrate under section 94 of the Criminal Procedure Code, 1973 (CrPC) and serious allegations of extortion and forcing the victim to pay bribes. But the ASCW asked for reports concerning only one case, viz., Silchar PS Case No. 2126/2009. BHRPC is doubtful whether this partial inquiry can reveal the whole truth. More importantly an independent inquiry should be conducted into the allegations of extortion and harassment of the victim by the investigating officers of the police.

 BHRPC also wrote that police in Assam often disregards the proviso to sub-section (1) of section 160 of the CrPC while conducting investigation/inquiry. The proviso says “that no male person under the age of fifteen years or women shall be required to attend at any place other than the place in which such male person or woman resides”.

 BHRPC further said that the order of the legal advisory committee of the ASCW directs the ASCW office to issue notice to the complainant for her appearance on the next date to hear the complaint in details for further action. But the BHRPC has not received any such notice and information of the next date. The complainant/victim needs to know the date of the hearing and whether her presence is required or not giving her enough time to make preparations for journey from Silchar to Guwahati and other matters.

Waliullah Ahmed Laskar

Information Officer, BHRPC

Rongpur Part-IV (Near Uco Bank)

Silchar- 788009, Assam, India