Posts Tagged ‘Rape’

প্রেসবিবৃতি: গত ১৪মার্চ হাইলাকান্দিতে সংঘটিত ধর্ষণ এবং তৎপরবর্তী সাম্প্রদায়িক রাজনীতির নিন্দা জানায় বিএইচআরপিসি

March 19, 2018

গত ১৪মার্চ তারিখে হাইলাকান্দি জেলার  বেতছড়া গ্রামে ১৩ বছর বয়সী কিশোরীর ধর্ষণ এবং তৎপরবর্তী খুনের ঘটনাটি নিয়ে বিএইচআরপিসি  তীব্রভাবে শংকিত এবং লজ্জিত। এ ঘটনা আমাদের আরেকবার সমাজের সবচেয়ে জঘন্যতম দিকটির সামনে দাঁড় করিয়ে দেয়। যেখানে দুজন মানুষ শুধু তার লিঙ্গ পরিচয়ের সুবাদে অসমান। শুধুমাত্র লিঙ্গ পরিচয়ের সুবাদে একজন মানুষকে তার জীবন,আত্মসম্মান সব হারাতে হয়। এমতাবস্থায় ভারতীয় দণ্ডবিধি অবশ্য এই অপরাধের সবচেয়ে জঘন্যতম শাস্তির বিধান দিয়ে আমাদেরকে অল্প স্বস্তি দেয়। তাই বিএইচআরপিসি চায় এই ঘটনায় জড়িত অপরাধীর কঠিন থেকে কঠিনতম শাস্তি হোক।

তাছাড়া বর্তমান সময়ে জম্মু এবং কাশ্মীরের রাসনা গ্রামের ঘটনাটি থেকে শুরু করে সাম্প্রতিকতম এই ঘটনাটি নিয়েও যে ধরণের সাম্প্রদায়িক রাজনীতির এক ঘৃণ্য চক্রান্তের প্রবনতা দেখা গেছে বিএইচআরপিসি এর তীব্র নিন্দা জানাচ্ছে। এবং প্রশাসনের কাছে এসব কাজে জড়িতদের দৃষ্টান্তমূলক শাস্তি প্রদানের আবেদন রাখছে।

Representative photo taken from internet.

Representative photo.

 তবে বিএইচআরপিসি মনে করে ধর্ষণ একটি সামাজিক অপরাধ। ধর্ষণের ক্ষেত্রে অপরাধী মনস্তত্ত্বের সাথে সাথে আমাদের আর্থ-সামাজিক-সাংস্কৃতিক পরিকাঠামোও বহুলাংশে দায়ী। সেজন্য প্রত্যেকজন অপরাধীর শাস্তি সুনিশ্চিত করার সাথে সাথে এইসকল অপরাধের চিরনির্মূলীকরণের জন্য বিএইচআরপিসি  আরেকবার ২০১২ সালে জাস্টিস বার্মা কমিটির দেওয়া নিম্নলিখিত  সুপারিশ সমূহ সম্পূর্ণরূপে বাস্তবায়নের আবেদন রাখছে-

১/ ধর্ষণের মামলাসমূহের সহজ নিষ্পত্তির জন্য আলাদাভাবে একটি সুপটু ‘রেইপ  সেল’ বা ‘ধর্ষন প্রকোষ্ঠ’ নির্মাণ করতে হবে। যারা এরকম ঘটনাদি রিপোর্ট হওয়ার সাথে সাথে উপযুক্ত ব্যবস্থা গ্রহণ করবে এবং বিনামূল্যে আইনি সাহায্য প্রধানের জন্য সচেষ্ট হবে।

২/ সবকটি থানা এবং জিজ্ঞাসাবাদ কক্ষকে CCTV ক্যামরার আওতায় আনতে হবে।

৩/ অনলাইলে এফআইআর দেওয়ার বন্দোবস্ত করতে হবে।

৪/ এসব ঘটনার সাক্ষী এবং সাহায্যকারী দের সাথে অপরাধীদের মতো ব্যবহার করা যাবে না।

৫/ পুলিশবিভাগকে উপযুক্তভাবে লিঙ্গ সংবেদনশীল করে গড়ে তুলতে হবে।

৬/ ধর্ষণের মামলায় সাজাপ্রাপ্ত আসামিদের আইন করে নির্বাচনে প্রার্থী হওয়ার অযোগ্য বলে ঘোষণা করতে হবে।

৭/  যৌন শিক্ষাকে শৈক্ষিক পাঠ্যক্রমে অন্তর্ভুক্ত করতে হবে। বিএইচআরপিসি এক্ষেত্রে সর্বাঙ্গীণ যৌনশিক্ষা বা Comprehensive Sexuality Education এর প্রচলনের পক্ষে।

৪/  রাজ্য সরকারের যাতে প্রশাসনের উপর প্রতিপত্তি খাটাতে না পারে সেজন্য রাজ্য পুলিশ সুরক্ষা কমিশন বা State Police Security Commission গঠন করতে হবে।

৫/ ২০১৪ সালে ভারতীয় স্বাস্থ্য এবং পরিবার মন্ত্রকের নির্দেশিকা মতে জঘন্য এবং অমানবিক two-finger test এর প্রচলন সম্পূর্ণরূপে বন্ধ করতে হবে।

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BHRPC comments on police report on rape of a patient by her doctor

May 12, 2012

 The Cachar district superintendent of police submitted a report to the Assam Human Rights Commission (AHRC) on allegations of rape of a patient by her doctor raised by the Barak Human Rights Protection Committee (BHRPC). Below are the comments of the BHRPC on the police report:

       1. The findings of the police investigation that the charge under section 376 of the Indian Penal Code, 1860 against the accused/alleged violator is established as stated in the report of the district superintendent of police (SP), Cachar is substantially correct.

        2. The medical report can not be relied upon for a number of reasons:

                             i. There was inordinate delay in conducting the test;

                             ii. The report goes against the circumstantial evidences;

                            iii. The report goes against the accounts of the witnesses as recorded by the police;

                      iv. The element of sympathy of the doctors who conducted the test towards the doctor who is the alleged violator creeping in and vitiating the objectivity of the findings can not be ruled out as both of them are colleagues and belong to the same profession.

        3. The findings of the police is correct because there are supports and corroborations among the accounts given by the victim/survivor in her First Information Report (FIR), her statement before the judicial magistrate recorded under section 164 of the Criminal Procedure Code (CrPC), 1973 and the accounts of witnesses recoded by the police.

         4. As the report of the medical test is not reliable for the reasons stated above the claim in the report about the age of the victim/survivor being between 18 to 20 years can also not be relied upon.

      5. According to the statements of the victim/survivor in both the FIR and that which has been recorded under section 164 of the CrPC and the witness accounts, it appears that the victim was a minor at the time of violations of her rights.

       6. The facts and circumstances described in documents on record including the FIR, victim’s statement under section 164 of the CrPC, and the report of the SP clearly establish commission of offence of rape by the alleged violator upon the victim/survivor. Therefore, it is established that human rights of the survivor/victim have been violated.

     7. The filing of charge-sheet by the police will facilitate the criminal court to conduct trial on the criminal aspect of case in order only to fix criminal liability and proportionate penal measure called for under the law. It is not the domain of the trial court to consider human rights liability of the violator and remedies to the victim/survivor.

    8. Therefore, it comes under the jurisdiction of the Commission to fix human rights liability and more importantly to provide redress to the victim/survivor in terms of adequate compensation.

In view of the above submission, the BHRPC most humbly urges that the Commission may be pleased to:

  1. Recommend to the authorities to provide an adequate amount of compensation to the victim/survivor;
  2. While fixing the quantum of the compensation the Commission may take into consideration the aggravating factors involved in the case such as (a) that the alleged violator is a government servant paid from the state exchequer for acting as savoir for those who are suffering from physical distress; (b) that the victim/survivor went to the alleged violator in full trust as his position demands; (c) that the alleged violator took benefit of position of custodian of the victim/survivors at the moment of commission of the violating acts; (d) that the case has a clear custodial angle; (e) that the age and social and other circumstances of the victim/survivor are such that the minor girl has had an entire life full of colours but which has been destroyed beyond repair for no faults of hers and her life has become an undesirable and unbearable burden on her fragile shoulders; and
  3. Any other recommendations and/or actions as the Commission deems fit and proper for vindication of human rights of the victim/survivor and to meet ends of justice.

The statement of BHRPC on the matter can be viewed here.

Police report on alleged rape of a patient by her doctor in Assam

May 12, 2012

….

On perusal of relevant records of the case, it transpired that on last 27/11/2011 the complainant (name and address withheld by the BHRPC for protecting identity) lodged an FIR at Dholai PS interalia alleging that on the same day @ 4PM the complt. being accompanied by her sister in law (name withheld) had been to the chamber of Dr Dilip Paul at Sadagram (Dholai Bazar) where he refused to check her up. Instead, he asked her to be in his residential chamber for her check up and treatment. On her arrival at his residential chamber the accused doctor asked her to go inside while her sister in law was asked to wait outside. As soon as she entered the house, the accd. doctor closed the door and window from the outside and forcibly raped her.  Hence the case was registered and investigated.

In course of investigation the I/O examined the complt. (victim) and recorded her statement U/S 161 CrPC as well as recorded judicially U/S 164 CrPC. In both statements given to police and to the court, the complt. corroborated the gist of the FIR. The I/O also visited thePO, drew up sketch map. The I/O got the complt. medically examined at SMCH, Silchar and collected medical report where the concerned doctor of the SMCH, Silchar opined that (1) Evidence of recent sexual intercourse not detected (II) evidence of violent mark not detected in her private part and (III) her age is above 18 years and below 20 years. The I/O, also, in course of investigation examined the following witnesses who appeared to be acquainted to the fact or the case. Their statements were recorded U/S 161 CrPC.

WITNESS:

  1. (Name withheld by the BHRPC)
  2. (Name withheld by the BHRPC)
  3. (Name withheld by the BHRPC)
  4. Mrs Manjuma Sangami

The first three of the four witnesses examined above corroborated the gist of the FIR to the extent of their knowledge about the occurrence. The fourth witness Mrs Manjuma Sangmai being the wife of the accd. doctor relayed the story in her statement in the way to defend her accd. husband.

In course of investigation the accd. Dr Dilip Paul was arrested in connection with the case and examined and interrogated thoroughly vis-à-vis the charges leveled against him. Later on, he was released on bail as per the direction of the Hon’ble Gauhati High Court. During the investigation the charge under section 376 IPC found established against the accd. Dr Dilip Paul. Hence charge-sheet was already submitted against him on 13/03/12.

………

Sd/

Superintendent of Police

Cachar, Silchar

Date: 17/03/12

(This report (vide No. G/SR/1281 dated 16/03/12) was submitted to the Deputy Registrar of the Assam Human Rights Commission in response to the notice issued by the AHRC for report on the complaint filed by the BHRPC and has been registered vide AHRC Case No. 302/2/11-12.)

(In response to a letter of the Deputy Registrar, AHRC, the BHRPC submitted its comments on the report which is available here and BHRPC statement can be viewed here.

Assam police charge a government doctor of raping his patient

May 12, 2012

Press briefing

For immediate release

Assam police charge a government doctor of raping his patient

The police inAssam have filed a charge-sheet in the court against a doctor for raping his patient. The charge-sheet under section 376 of the Indian Penal Code, 1860 has been filed by the officer-in-charge of the Dholai police station (PS) on 13 March 2012 at the Court of the Chief Judicial Magistrate in the district of Cachar after investigation of a case filed by a minor girl on 27 November, 2011. This is disclosed recently by the district superintendent of police (SP) in Cachar in a report (vide No. G/SR/1281 dated 16/03/12) submitted to the Deputy Registrar of the Assam Human Rights Commission (AHRC) in response to a notice of the AHRC.

The report states that the survivor lodged a First Information Report (FIR) at Dholai PS inter alia alleging that on 27 November, 2011 at about 4 PM the complainant being accompanied by her sister in law (name withheld to protect identity) had been to the chamber of Dr Dilip Paul at Sadagram (Dholai Bazar) where he refused to check her up. Instead, he asked her to be in his residential chamber for her check up and treatment. On her arrival at his residential chamber the accused doctor asked her to go inside while her sister in law was asked to wait outside. As soon as she entered the house, the accused doctor closed the door and window from the outside and forcibly raped her.

The AHRC issued a notice to the SP for a detailed report about the case after it registered a case of human rights violations (vide AHRC Case No. 302/2/11-12.) on the complaint filed by the Barak Human Rights Protection Committee (BHRPC).

The report of the SP, however, mentions that the medical test conducted after the investigation of the case started do not corroborate the allegations of the victim as well as those of the BHRPC against the doctor. It says that (1) evidence of recent sexual intercourse not detected, (II) evidence of violent mark not detected in her private parts and (III) her age is above 18 years and below 20 years.

The BHRC claimed that the victim/survivor is a minor girl studying in class IX.

However, on the examination of the witnesses of the complainant, witnesses of the accused and the place of occurrence the investigating police officer found that charge under section 376 of the IPC which provides punishment for rape is established, states the SP.

 When the AHRC asked the BHRPC for its comments on the report of the SP the latter submitted a detailed response pointing out why the medical report can not be relied upon. According to the BHRPC the medical report can not be relied upon because (i) there was inordinate delay in conducting the test; (ii) the report goes against the circumstantial evidences; (iii) the report goes against the accounts of the witnesses as recorded by the police; and (iv) the element of sympathy of the doctors who conducted the test towards the doctor who is the alleged violator creeping in and vitiating the objectivity of the findings can not be ruled out as both of them are colleagues and belong to the same profession.

The BHRPC also said that the filing of charge-sheet by the police will facilitate the criminal court to conduct trial on the criminal aspect of case in order only to fix criminal liability and proportionate penal measure called for under the law. It is not the domain of the trial court to consider human rights liability of the violator and remedies to the victim/survivor. Therefore, it comes under the jurisdiction of the Commission to fix human rights liability and more importantly to provide redress to the victim/survivor in terms of adequate compensation.

The BHRPC in its submission urged the AHRC to recommend to the authorities to provide an adequate amount of compensation to the victim/survivor; and while fixing the quantum of the compensation the AHRC should take into consideration the aggravating factors involved in the case such as (a) that the alleged violator is a government servant paid from the state exchequer for acting as savoir for those who are in physical distress; (b) that the victim/survivor went to the alleged violator in full trust as his position demands; (c) that the alleged violator took benefit of position of custodian of the victim/survivors at the moment of commission of the violating acts; (d) that the case has a clear custodial angle; (e) that the age and social and other circumstances of the victim/survivor are such that the minor girl has had an entire life full of colours but which has been destroyed beyond repair for no faults of hers and her life has become an undesirable and unbearable burden on her fragile shoulders.

Date: 12 April, 2012

Guwahati,Assam

For any clarification and more information please contact

Waliullah Ahmed Laskar

Mobile: 09401942234

Email:wali.laskar@gmail.com

The police report can be viewed here and the BHRPC comments can be viewed here.

Reporter assaulted in Assam for exposing corruption in government works

April 10, 2012


Introduction:

The Barak Human Rights Protection Committee (BHRPC) is deeply concerned over an incident of assault of a reporter in Cachar district in Assam while he was returning home after collecting information and taking photographs of alleged irregularities in works under the National Rural Employment Guarantee Act, 2005 (NREGA) in Borkhola development block area. The victim was severely beaten up that caused serious injuries including breaking of his teeth. The incident happened at a place a little away from a work site at Sonapur Gaon Panchayat (GP) on 28 February 2012.  The attackers were allegedly workers of a political party. Although the police registered a case against the attackers, instead of investigating the case, they registered another false case against the victim allegedly due to political interference. The victim is still traumatized and can not go out for work for fear of loss of limbs and life.

The case:

The BHRPC received a written communication from the victim Mr Sibir Ahmed Barbhuiyan on 7 April 2012 giving details of the incident and other relevant information. Mr Barbhuiyan is aged about 34, son of late Basarat Ali Barbhuiya and a resident of village Chandpur Part-III under the jurisdiction of Borkhola police station (PS) in Cachar. He is presently working as a local correspondent with the Dainik Jugasankha, a local daily news paper published from Baidyanath Sarani, Rongpur, Silchar-9. He also does a part time job as an insurance agent with the Life Insurance Corporation of India (LIC). It is also stated that Mr Barbhuiya also works as the president of a village level non-government organization named Borkhola Gram Bikash Parishad that aims to work for equitable and sustainable development of the villages in Borkhola block particularly by ensuring proper implementation of the government rural development schemes. It is registered under the Societies Registration Act, 1860 vide No. RS/CA/243/G/32. However, the BHRPC could not thoroughly inquire into the works and activities of the NGO and its members.

According to the information provided by the victim, on 28 February he went out for works in the morning as usual. After the day’s work when he was returning home at about 9 pm some job card holders under the NREGA informed him that the GP president (elected head of the village level local government body) Ms Nazima Begum Laskar and its secretary Mr Shew Kumar Pandey caused deployment of Excavator and Tripper machines for soil excavation at the construction work of a village road from Dispur to Ashrab Shah Mukam in Sonapur GP and that the machines were at work at the time.

The work was sanctioned under the NREGA which is an Act of parliament ofIndiaenacted to enhance livelihood security in rural areas by providing at least 100 days of guaranteed wage employment in a financial year to every household whose adult members volunteer to do unskilled manual work. The use of machines in such works defeats the very purpose of the legislation. The operational guidelines for implementation of the law issued by the Ministry of Rural Development, the nodal ministry of the government ofIndiafor implementation of the Act, also categorically say that no contractors and machinery is allowed and a 60:40 wage and material ratio has to be maintained. Therefore, Mr Barbhuiya felt he was duty bound as a working journalist and social worker to capture the evidence of violations of law in camera. Accordingly he went to the work site immediately and shot some photographs.

 According to the information, after taking photographs when he reached Ashrab Shah Mukam a group of about 12 people led by one Liakat Ali Barbhuiya attacked him. Some of the attackers were identified by him as (1) Liakat Ali Barbhuiya, son of late Mujibur Rahman, (2) Abdul Mannan, (3) Jelu Mazumder, son of Gousul Mazumder, (4) Gousul Mazumder, (5) Anor Uddin, (6) Manjurul Haque, son of Nur Uddin, (7) Babul Ahmed, son of late Mujibur Rahman and other 4/5 unidentified persons. All of them are residents of village Sonapur under Borkhola police station and local workers of the congress party, the ruling political party inAssam. The victim stated that the attackers started beating him and continued to box and punch him till they broke one of his teeth and he fell unconscious. The victim alleged that the attackers then took away all his belongings including a camera (canon 14:4), a gold ring (4 Ana), two mobile handsets (Nokia 3110) with SIMs bearing numbers 9401311524 and 9854901235, one HMT wrist watch and Rs. 33,000.00 (thirty three thousand) cash of insurance premium that he collected that day and some important documents etc.

The victim further stated that when his senses returned he found himself confined in a nearby house belonging to one of the alleged attackers Gousul Mazumder and he sensed that they were preparing weapons to kill him. At this point in time the officer In-Charge (IC) of Bhangarpar police outpost Mr Robin Hazarika reached the spot who rushed after receiving information about the incident and rescued the victim but did not nab the attackers and recover the stolen stuffs and thus they fled away at his arrival. Mr Barbhuiya was then taken to a local hospital and later shifted to theSilcharMedicalCollegeand Hospital, Silchar (SMCH) where he was admitted in the surgery department and received treatment until he was released on 5 March.

The police officer told the victim that he needed to visit the police outpost in order that his complaint was registered while the victim was in severe need of urgent medical attention. Mr barbhuiya could not visit the outpost that night as he was at the Sonapur primary health centre (PHC). However, he managed to file a written complaint on 29 February at the Bhangarpar outpost. Still the police did not register the case promptly, let alone taking any actions. When the health condition of the victim deteriorated and he had to be rushed to the SMCH on 1 March and the police was repeatedly urged to take actions the Borkhola PS registered a case against the alleged attackers vide Borkhola PS Case No. 29/12 dated 1 March 2012 under sections 341, 326, 506, 379 and 34 of the Indian Penal Code, 1860 (IPC) for wrongful restraint, grievous hurt, criminal intimidation, theft and joint commission of the offences respectively. Sub-inspector of police Mr Robin Hazarika has been made the investigation officer (I/O) of the case.

Mr. Barbhuiya, however, alleged that even after registration of the case the I/O did not take any actions against the accused and investigation of the case did not proceed at all. No statements of the witnesses recorded. No stolen goods recovered. No arrest of the accused was made though they were roaming free. It is alleged that the police facilitated grant of pre-arrest bail of the accused persons from the Gauhati High Court by sending a biased and false report of the case to the court without investigations. After being repeatedly urged to take actions as per law, the officer told that he could not take any actions as he was asked by Dr Rumee Nath, the member of Assam legislative assembly (MLA) belonging to the ruling congress party and representing Borkhola constituency, not to take actions, the victim alleged in his written communication addressed to the BHRPC.

The victim further alleged that he believed that the attack on him was carried out at the behest of the MLA who wanted him to be killed because as a scribe he reported at different times stories containing allegations of corruption made by the people against her. He also mentioned that foundation stone of the particular NREGA work where he found violations of laws was laid by her and the local monitoring body is comprised of party workers loyal to her including the GP president and Liakat Ali Barbhuiya and some other attackers. However, when the BHRPC contacted Ms Nath for her side of the story she did not respond.

It is also alleged that under political influence the police registered a false case against the victim based on a complaint filed by one Ms Champarun Nessa (aged about 45 years) of village Sonapur Part-I vide Borkhola P.S. Case No. 30/12 under sections 341, 354, 376 and 311 of IPC on 1 March 2012. The sections invoked provide punishment for wrongful restraint, assault or criminal force on woman to outrage her modesty and rape. Although the case involves serious offence of rape the self-proclaimed rape victim was not medically examined and her statement was also not recorded by a judicial magistrate. The BHRPC believes that this case against Mr Barbhuiya is absolutely false and malicious filed with malafide intention of abusing the legal process to subvert the object of law, to weaken the case against the alleged attackers of Mr Barbhuiya, to harass and intimidate him. It goes against reasons and common sense that a person who sustained injuries amounting to grievous hurt within the meaning of section 326 of the IPC would be able to commit offence like rape soon thereafter. In fact, it has become a practice for unscrupulous influential persons to procure some complainants and cause registration of serious offences against human rights defenders and anti-corruption activists.

In view of the position and intent of the people against him and the negligence of the police in their duties and their abetment in harassing and intimidating the victim, he is apprehensive of more attacks and seriously concerned for his life and limbs and police harassment as well as for those of his family members and members of the Borkhola Gram Bikash Parishad. He said he always feels that his life and liberty is at risk as the alleged perpetrators are at large and consequently he could freely move and work.

The rights:

The BHRPC thinks that the information reveals a prima facie case of violations of fundamental rights of the victim to freedom of speech and expression under Article 19 (1) (a), the right to practice profession of one’s choice guaranteed under Article 19 (1) (g) and the right to security and physical and psychological integrity under Article 21 of the constitution of India as read by the Supreme Court of India. The non-investigation of his case by the police also entails violations right to truth, justice and reparation.

It is also a prima facie case of violations of human right ‘to freedom of opinion and expression’ as enshrined in Article 19 of the Universal Declaration of Human Rights, 1948. The rights violated in this case are also guaranteed in Article 19 of the International Covenant on Civil and Political Rights, 1966 to whichIndia is a state party. This covenant including this Article is a part of the Human Rights Protection Act, 1993 by virtue of section 2 (1) (d).

It is obvious that the attack was carried out, if not to kill him, to take away the sense of security under which comfort Mr Barbhuiya works legitimately and peacefully both as a journalist and president of the Borkhola Gram Bikash Parishad against corruption and irregularities in implementation of rural development scheme of the government for practical realization of the rights of the people, particularly their social and economic rights. These circumstances make the definition of human rights defender as understood in the context of the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (also known as the declaration on human rights defenders) applicable in the case.

Human rights works including socio-economic and cultural rights by peaceful and legitimate means are both duty and rights of every individual as spelt out in the declaration on human rights defenders. Particularly Article 12 of the declaration imposes duty on the State to “take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or dejure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present declaration.”

 The Protection of Human Rights Act also mandates the National Human Rights Commission (NHRC) to inquire, suo motu or on a petition presented to it by a victim or any person on his behalf, into complaint of (i) violation of human rights or abetment thereof or (ii) negligence in the prevention of such violation, by a public servant under section (a) 12. It is also the mandate of the NHRC to encourage the efforts of non-governmental organisations and institutions working in the field of human rights under clause (i) of the same section, which includes protection of defenders.

The actions:

In view of the circumstances the BHRPC wrote to the authorities including the prime minister ofIndia, the chief minister ofAssam, the president of the All India Congress Committee and the chairperson of the Press Council of India and also filed a complaint at the NHRC urging them to cause the relevant authorities:

 1. to conduct a prompt, objective and exhaustive investigation into the alleged assault on Mr Sibir Ahmed Barbhuiya, failure of police to perform their legal duties in investigating the allegations and the role of MLA Dr Rumee Nath in the alleged violations of human rights;

 2. to take all necessary measures to protect the physical and psychological security and integrity of Mr Sibir Ahmed Barbhuiya and his family and all members of Borkhola Gram Bikash Parishad and their families;

3. to provide adequate reparation in terms of monetary compensation to Mr Sibir Ahmed Barbhuiya for loss of his equipments, documents and other valuables and for suffering physical and mental agony;

 4. to guarantee that human rights defenders in Assam are able to carry out their legitimate human rights works without fear of reprisals, and free of all restrictions including assault by goons and police harassment;

5. to guarantee that citizens and particularly the journalists in Assam are able to exercise their right to freedom of thought and expression without fear of reprisals, and free of all restrictions including assault by goons and police harassment.

10 April 2012

Guwahati,Assam

For any clarification or more information you may contact

Waliullah Ahmed Laskar

Mobile: +91 9401942234

Email:wali.laskar@gmail.com

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.

AFSPA: A blotch on democracy in India

August 20, 2011

The Asian Human Rights Commission, REDRESS Trust UK, and Human Rights Alert, Manipur, India jointly authored and published a report on the Armed Forces (Special Power) Act, 1958 titled: The Armed Forces (Special Powers) Act, 1958 in Manipur and other States of the Northeast of India: Sanctioning repression in violation of India’s human rights obligations on 18 August, 2011.

The Armed Forces (Special Powers) Act, 1958 in Manipur and other States of the Northeast of India: Sanctioning repression in violation of India’s human rights obligations

The Armed Forces (Special Powers) Act, 1958 in Manipur and other States of the Northeast of India: Sanctioning repression in violation of India’s human rights obligations

In a statement jointly issued issued on 18 August, 2011 by AHRC, REDRESS and HRA it is claimed that a draconian legislation like the Armed Forces (Special Powers) Act, 1958 and the concept of democracy do not go together. While democracy nurture values of justice, equality and fraternity, laws like the AFSPA are synonymous with injustice, discrimination and hatred. A report that analyses the legislation’s complete incompatibility with India’s domestic and international human rights obligations is released today in India, Hong Kong and London. Human Rights Alert, a human rights organisation working in Manipur, India; REDRESS Trust, a human rights group based in London, UK; and the AHRC, a regional human rights body based in Hong Kong have jointly authored the report.

It is also stated that the report while analysing the Act draws extensively upon international and domestic human rights jurisprudence, that India is mandated to follow. The report exposes the visibly different standards even the Supreme Court of India has adopted while deciding the constitutionality and thus the compatibility of the law with India’s international and domestic human rights obligations. Despite repeated calls to repeal the law immediately by government-sponsored Committees that have studied the law, the Government of India is yet to take any steps in that direction. International human rights bodies like the Human Rights Committee and the Committee on Racial Discrimination have expressed concern about the law and its implementation in India, suggesting that the law should be repealed.

The law has attracted, repeatedly, wide-ranging criticisms from jurists, human rights activists, and even politicians within India and abroad. Organisations like the AHRC and Human Rights Alert have documented more than two hundred cases, over the past eight years, where the state agencies operating under the statutory impunity provided by the Act has committed serious human rights violations in states like Manipur. Most of these cases has been reported by the AHRC through its Urgent Appeals Programme and brought to the attention of authorities in India and within the United Nations. Yet, so far not a single military or police officer has been prosecuted for the human rights abuses they have committed under the cover of impunity provided by this law.

The report also places emphasis upon the unique form of protest by Ms. Irom Chanu Sharmila, through her decade-long hunger strike, which has been largely ignored by the national media in India.

The report could be downloaded here.

For comments on the report you may contact:
1. Mr. Babloo Loitongbom
Human Rights Alert
Manipur, India
Tel: + 91 385 2448159

2. Mr. Serge Golubok
REDRESS
London, UK
Tel: + 44 20 7793 1777

3. Mr. Bijo Francis
AHRC
Hong Kong
Tel: + 852 2698 6339

Public meeting on the situation of women’s rights in Barak valley

March 7, 2011
Time
Tuesday, March 8 · 2:30pm – 5:30pm

Location
Communication Centre, Barak Human Rights Protection Coommittee, First Floor, Kachari Masjid Complex

Sadarghat Road
Silchar-788001, Assam, India


More Info
Senior members of BHRPC and local women’s rights activists will discuss the situation of women’s right in Barak Valley of Assam on the occasion of Internation Women’s Day.

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/

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.

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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)

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Posted on 2011-02-01

See the appeal at its original location