Dear friends,
The Asian Human Rights Commission (AHRC) has received information from Navsarjan, a human rights organisation based in Gujarat, concerning the case of a rape victim, who has been repeatedly refused assistance by the local police to register her complaint. It is reported that Meena (name changed) is aged about 20 years and is from the scheduled caste, Valmiki community. Navasarjan has informed the AHRC that Meena’s father-in-law harassed, threatened and raped her in August this year. The police, allegedly after accepting bribes, are forcing Meena to settle the complaint with her in-laws. Even though Meena was able to file a complaint with the District Superintendent of Police in Panipat, the police have refused to take any action.
CASE DETAILS:
Ms. Meena Singh is aged about 20 years and is from the Scheduled Caste, Valmiki community, of Faridpur village under Panipat district, Haryana state. Meena married Mr. Rinku on 22 December 2008. At the time of the marriage Rinku was unemployed and was dependent on his father Mr. Rajbir Singh. It is alleged that Rajbir, being the family head, used the opportunity to sexually abuse his daughter-in-law and forced her to have sexual relationships with him.
Meena shared about her pain and agony with her husband Rinku, Nirmala (mother-in-law), and Jyoti (sister-in-law). But none of them supported Meena to complain against her father-in-law. It is reported that Meena was lonely and disappointed at her husband’s house and therefore returned to her parent’s home in Faridpur on several occasions. Every time Meena returned home, her husband, father-in-law and maternal uncle, Mahendra Singh, approached her and requested her to forget the matter and return to her husband’s home and to live with them as a member of the family.
However on one such occasion, when Meena was at her husband’s house, her father-in-law allegedly raped her. This was in August 2010. Meena alleges that her father-in-law raped her on three separate occasions in that month. Meena also claims that her father-in-law threatened her that if she reported the matter to anyone, she would face serious consequences. Due to fear, Meena could not share with anyone about the incident or lodge a complaint for a while.
On 22 September 2010, Meena attended a meeting organised by the All India Dalit Mahila Adhikar Manch (AIDMAM). With support from AIDMAM, Meena filed a complaint with the District Superintendent of Police (SP) at Panipat district, Haryana. Meena stated the facts relating to the sexual abuse by her father-in-law in the complaint. However, the SP refused to register a case based upon Meena’s complaint under Section 376 (offense of rape) of the Indian Penal Code, 1860 (IPC). Instead, the police registered a case under the Protection of Women from Domestic Violence Act, 2005 and referred the case to the District Protection Officer, Ms. Rajni.
On 9 October 2010, the accused father-in-law Rajbir Singh, along with Mr. Mahendra Singh (Rinku’s uncle) came with the former Sarpanch (village head) of Kabdi village of Panipat district and demanded that Meena must settle the case. Meena alleges that the police have accepted bribes from her husband’s family and that is the reason why the police failed to register a case under the IPC for rape and instead registered her complaint under the Protection of Women from Domestic Violence Act, 2005, a law that advocates counselling and settlement between parties to the dispute.
SUGGESTED ACTION:
Please send letters to the authorities named below expressing your concern in this case. The AHRC is also sending a separate letter to the Special Rapporteur on violence against women, its causes and consequences, calling for an intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
INDIA: Rape of 20-year-old woman must be registered and investigated
Name of victim: Ms. Meena (name changed), aged 20 years, resident of Faridpur village, Kabdi post, Panipat district, Haryana state
Name of alleged perpetrator: Mr. Rajbir Singh, resident of Kabdi Fatak village, Bharatnagar, Panipat district, Haryana
Date of incident: August 2010
Place of incident: Panipat district, Haryana state
I am writing to express my concern about the case of rape reported to me, wherein it is alleged that the local police is refusing to register a proper case as required under the law. Meena is from the Scheduled caste of the Valmiki community.
I am informed that Meena, the victim quoted above, has been complaining about her father-in-law to her husband and his relatives and also to her parents since her marriage. I am informed that Meena’s father-in-law raped Meena on three separate occasions in August 2010. Meena alleges that her father-in-law had threatened her that if she complained to anyone about the incident, she would face dare consequences. However, when Meena attended a meeting organised by the All India Dalit Mahila Adhikar Manch on 22 September, she shared the information with some women activists and they encouraged her to file a proper complaint with the police.
Accordingly, Meena filed a complaint at the District Superintendent of Police (SP) in Panipat district, Haryana. Meena alleges that she has stated the facts relating to the sexual abuse by her father-in-law in the complaint. However, it is reported that the SP refused to register a case based upon Meena’s complaint under Section 376 (rape) of the Indian Penal Code, 1860 (IPC). Instead, the police registered a case under the Protection of Women from Domestic Violence Act, 2005 and referred the case to the District Protection Officer, Ms. Rajni.
I am informed that the police, after accepting bribes from the alleged perpetrator, Meena’s father-in-law in this case, is intentionally refusing to register a crime under the IPC, and is trying to force Meena to settle the case, illegally. It is alleged that it with this view in mind the police has registered a case under the Protection of Women from Domestic Violence Act, 2005, wherein, complaints could be compromised between the parties to a dispute.
I am informed, and I am aware that, if Meena’s allegations against her father-in-law are true, then the case has to be treated as that of rape and not just an issue of domestic violence alone. I am concerned that Meena, who is must have been suffering already from the trauma of rape must have been further traumatised due to the fact that there is none willing to listen to her and further the perpetrator is trying to force an illegal settlement upon Meena.
I therefore request you to intervene in this case to ensure the following:
1. A case is registered under Section 376 of the IPC, based on the complaint field by Meena against her father-in-law;
2. Adequate psychological counselling provided to Meena to help her recover from the trauma;
3. The case be investigated and the accused arrested and brought to trial;
4. Meena’s accusations concerning the illegal connivance between her father-in-law and the police be separately investigated and if it is proved that the police have demanded and accepted bribes, appropriate actions taken against the police officers as well as those who have paid the bribes under the Prevention of Corruption Act, 1988.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Bhupinder Singh Hooda
Chief Minister of Haryana
Room No. 45, 4th Floor, Civil Secretariat
Chandigarh, Haryana
INDIA
Fax: + 91 172 2740526, 2740519
E-mail: cm@hry.nic.in
2. Ms. Urvashi Gulati
Chief Secretary
Government of Haryana
4th Floor, Haryana Civil Secretariat
Sector 1, Chandigarh, Hariyana
INDIA
3. Mr. Ram Niwas, IAS
Home Secretary
4th Floor, UT Secretariat
Sector 9, Chandigarh, Hariyana
INDIA
E-mail: hs-chd@nic.in
4. Director General of Police
Police Headquarters Sector – 9
Chandigarh 160017, Hariyana
INDIA
E-mail: police-chd@nic.in
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
