INDIA: Police officers of Bantra police station, Howrah, West Bengal paid to violate the law 

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM, a human rights organisation in West Bengal regarding two cases which depicts how the local police fails to protect and safeguard law and order in the society, and also engage in corrupt practices with impunity in India. The first case is that of the death of Mrs. Aparna Chatterjee who was allegedly killed by her in-laws, whereas the second case is that of forced and illegal eviction under the protection of police officers. In both cases officers from Bantra police station were involved.

Facts of the case:

Case 1

Mrs. Aparna Chatterjee alias Rama Chakroborthy was married to Mr. Biswajit Chatterjee on 30 January 2004. Their marriage was registered according to local law on 31 July 2004. During the time of marriage, Aparna’s father had gifted Aparna cash amounting to Rupees 50,000 [US 1136], gold ornaments weighing about 70 grams and other household furniture. However, soon after marriage Aparna’s husband and her in-laws started to demand more money, gold and household articles. It is alleged that Aparna was threatened and intimidated by her in-laws and her husband forced her to ask her father to arrange for more money.

Aparna’s father Mr. Kanai Chakroborthy later arranged for Rupees 35,000 [US 705] and gave to her daughter. However, Aparna’s husband and in-laws were not satisfied with this. It is alleged that they tried various means of threat and intimidation to push her to ask for more wealth from her father. It is reported that Aparna was made to starve and asked to kill herself by her husband and in-laws. It is also alleged that Aparna’s husband’s aunt Ms. Khuki Chatterjee and Aparna’s mother-in-law Mrs. Sabitri Chatterjee used to give regular calls to Aparna’s family threatening that they would kill Aparna if she did not manage to bring more wealth from her family. Meanwhile Kanai managed to talk with the marriage registrar Mr. Kamalesh Chakroborthy requesting him to intervene in the situation and to negotiate terms with Aparna’s in-laws.

Matters took a serious turn when one of her brother-in-laws Mr. Padu Chatterjee made an indecent advance towards Aparna. It is alleged that he even wrote down his sexual demands to Aparna. Frustrated, Aparna approached the Bantra police station and tried to lodge a complaint. However, the officers in the police station instead of recording her complaint turned down her request and send her back. It is alleged that in the process the police officers also tried to make a joke of Aparna’s situation by blaming her for what she was facing.

On 24 July 2006 at about 2pm an anonymous telephone call was received at the residence of Mr. Bhaskar Roy, a neighbour of Kanai informing that Aparna had suffered serious burns from an accident in her kitchen at her in-law’s house. The caller informed that a stove exploded in Aparna’s kitchen while she was in the kitchen and Aparna’s dress caught fire from which she suffered serious burns. The caller who failed to identify himself also informed that Aparna is admitted at the P.G. Hospital. Hearing this, Aparna’s family rushed to the hospital. Even though they reached the hospital at about 3.30pm they were allowed to meet Aparna only by about 7.30pm. Aparna soon succumbed to the burn injuries and died at about 8.05pm. In the mean while some persons from Aparna’s family also rushed to Aparna’s in-law’s house in an attempt to find out what had happened. They also went to the kitchen inside the house where they found that the only stove inside the kitchen which allegedly exploded was quite intact and also the burned remains of a cotton sari.

On 25 July 2006 at about 6.15pm Kanai lodged a complaint at the Bantra police station which was recorded as 51/2006 General Diary entry – First Information Report number 1418. A case was registered under Sections 498A [offense of cruelty by the husband or relatives of husband against wife], 304B [dowry death] and 34 [acts done by several persons with common intention] of the Indian Penal Code, 1860 and under Sections 3 [penalty for giving or taking dowry] and 4 [penalty for taking dowry] of the Dowry Prohibition Act, 1961 of India.

As of today the police have only arrested Ms. Kuki Chatterjee and Aparna’s husband whereas many others including the Aparna’s father-in-law, mother-in-law and her husband’s brother and her sister-in-law who were allegedly involved in torturing and threatening Aparna and possibly responsible for her death are absconding.

In fact had the Bantra police entertained Aparna’s complaint, which she tried to lodge at the police station before her death, probably would have saved her life. It is also alleged that on 26 July 2006 at about 1pm one of Aparna’s relative also received a threatening call from a telephone number 32913275 against which he lodged a complaint at the Dasnagar Thana police station, which the police though recorded as General Diary number 1052 failed to investigate. It is also alleged that though Aparna’s father has requested the Bantra police to provide him a copy of the postmortem report and the Magisterial Inquest, the officers have thus far denied it in a suspected attempt to aid the absconding culprits in this case.

Dowry deaths – a euphemism for murder of women by their in-laws and abetment of suicide by married women by their in-laws ?are widely reported from India. Though demanding and paying dowry to the bridegroom or his family at the time of marriage is a practice criminalised by law in India the actual implementation of the law, The Dowry Prohibition Act, 1961 has remained unsuccessful to a large extent in India owing to the failure in policing.

Case 2

On 2 September 2006 at about 6.30pm officers from the Howrah Improvement Trust (HIT) and police officers from Bantra police station came to the residential flats of Ms. Sushama Sarkar, Ms. Mayarani Dey and Ms. Jharna Das. The flats are in a compound at Ichapur in Howrah also known as HRBC Housing Estate. The intention of the officers was to evict select families from their flats using force. The officers from HIT were led by its Chief Executive Officer Mr. Nur Islam and the police were lead by Mr. Rabin Das, the Inspector-in-Charge of Bantra police station.

The officers entered the flats and dragged the residents amidst their protest and started throwing the articles kept inside the house. The officers also confiscated valuable articles kept in these houses including gold, money and costly household articles. The confiscated articles were taken in a few vehicles including a police vehicle and the owners of these articles were not informed where these articles were being taken to. The occupants were informed that the eviction was because they owed money to the HIT. In fact the flats are occupied by police officers or their families. The money due to the HIT is allegedly deducted from the respective officers’ salary. However there was a dispute regarding the deduction of money from the salary and the way in which it was credited by the HIT. It is also alleged that there are three cases pending regarding this issue. One is pending adjudication before the West Bengal High Court and the other two before the Civil Judge (Junior Division) 7th Court, Howrah.

During the incident five persons were arrested by the police and taken to Bantra police station. They were not informed why they are arrested and it is alleged that all laws regarding arrest and detention were breached by the police. The persons arrested are (1) Ms. Sushama Sarkar, wife of Probhat Sarkar, room number 2, ground floor, (2) Ms. Mayarani Dey, wife of late Ratan Kumar Dey, room number 4, 1st floor, (3) Ms. Jharna Das, wife of Swarna Kanti Das, room number 6, 2nd floor, (4) Ms. Sutapa Sarkar, daughter of Pravat Sarkar and (5) Ms. Pampa Das, wife of Mr. Dilip Das. It is alleged that all these persons were closely related to police officers. It is also alleged that the women were molested by the arresting police officers and the officers from HIT. The women who were arrested were retained during the night at the police station along with other male criminals. The next day they were taken to the Howrah court, but not produced before the Magistrate. However they were released on bail by the Magistrate. It is also alleged that the police have registered false charges against them.

It is alleged that the neither the police nor the HIT had any authority to evict the residents while their case is pending before the court. In addition eviction of tenants is regulated by the Rent Control Act, while any other eviction must be under an order from an appropriate court. In any case neither the police nor the HIT have any authority to confiscate articles. In addition the seizure was made without preparing any itemised inventory of the articles taken into custody by the officers.

The MASUM on receipt of a complaint from the victims filed a formal complaint before the District Magistrate of Howrah today. However the District Magistrate refused to take any assertive action against the erring police officers on the pretext that the subject matter is pending before the court. According to Indian law and the Police Regulation of Bengal, 1943 the District Magistrate can entertain the complaint and take appropriate actions against the police officers. However, the District Magistrate could only assure MASUM that the complaint filed by MASUM will be forwarded to the Additional District Magistrate – Judicial for an inquiry.

Other relevant facts:

The two cases mentioned above depicts to what extent the policing system in India has fallen. The highhandedness of officers from Bantra police calls for special mention because it is the officers from the same police station who provided protection to the officers from the Howrah Municipality when seven thousand persons were evicted from Belilious Park in 2 February 2003. The AHRC had issued urgent appeal in this case too. The evicted residents and their plight were further exposed by MASUM and the AHRC in a series of urgent appeals and other releases subsequently. For further information please see Beliliuos Park. The police officers from the same police station are involved in a recent case where a police officer brutally tortured a father and his son to please the Inspector General of Police – Intelligence Branch, West Bengal State Police. This incident is now a hot debate in West Bengal. For further information please see UA-279-2006.

SUGGESTED ACTION:

Please send a letter to the relevant authorities mentioned below urging for an immediate and thorough investigation into these cases so that disciplinary actions are taken against the alleged perpetrators. Please also request the authorities in West Bengal to immediately take steps to inquire into the activities of officers from Bantra police station and take disciplinary action against the officers if they are found to be engaged in breach of law.

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