INDIA: Ill treatment of children; Torture in police custody
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The Asian Human Rights Commission (AHRC) is extremely concerned by the torture and illegal arrest of a child in West Bengal, India. On 16 October 2003, officers from the Magrahat Police Station, South 24 Parganas District arbitrarily arrested Salauddin Sk. at his house and tortured him brutally from 16 October to 19 October 2003.
AHRC condemns such brutal torture and ill treatment of children and urges the Government of India to immediately prosecute the responsible officers. The Indian government should also ratify the Convention against Torture (CAT) to ensure that these incidents do not reoccur.
Urgent Appeals Desk
Asian Human Rights Commission
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DETAILED INFORMATION:
Name of victim: Salauddin Sk., son of Sabur Ali Sk., 13-years-old
Perpetrators: Some officers attached to the Magrahat Police Station, South 24 Parganas District, West Bengal, India
Period of illegal arrest, detention and torture: from 16 October to 19 October 2003
Case details:
Salauddin is a student of class 8 of Mohanpur High Madrasa. On 16 October 2003 when he was reading his books at home, a police party came, searching for his older brother, Noor Nabi, who is a carpenter by profession. At that time Noor was not at home. The police party then arrested Salauddin instead, abusing him with filthy language and took him in the police jeep to the station.
In the Magrahat Police Lock-up, Salauddin was stripped. Then policemen tied a brick with one end of a rope, while tying the other end of to his penis and testicles jointly. Salauddin was also beaten with sticks, fists and blows. Because of this torture, at present Salauddin cannot urinate easily. He is suffering from continuous pain in his penis and lower abdomen.
Even though Salauddin is a child, the police did not follow the guidelines of the “Juvenile Justice Act 1986.” Section 41 of the Act states: “Punishment for cruelty to juveniles- (1) Whoever, having the actual charge of, or control over a juvenile, assaults, abandons, exposes or willfully neglects the juvenile or causes or procures him to be assaulted, abandoned, exposed or neglected in a manner likely to cause such juvenile unnecessary mental or physical suffering shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.”
The police also purposefully did not comply with the mandatory provisions of arrest, as laid down by the Supreme Court in the D.K. Basu case. The police did not issue a Memo of Arrest on the spot. According to article 21 of the Indian Constitution, “No person shall be deprived of his life or personal liberty except according to procedure established by law.” Also, the Article 22(2) of the Indian Constitution states, “Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of 24 hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.” Hence, Salauddin was unconstitutionally detained in police lock-up for more than 4 days and mercilessly tortured.
On 20 October 2003 Salauddin was forwarded to court with a fictitious case where he got bail. Mr. Tamal Das, Officer-in-Charge of Magrahat Police Station, said that he knows nothing of this incident, and has said he would make an enquiry. However, there has been no serious action taken by the police on this case yet.
According to Mr. Sabur Ali, father of the victim, he was an activist of the former ruling party, the Communist Party of India. He left the party and joined the Congress Party along with others. In the last Panchyat election in their village, the Congress candidate won, defeating the Communist candidate. Since then, the police harassment has started. The police also arrested Mr. Sabur Ali on 19 October 2003. In addition, Parizan Bibi, mother of Salauddin and wife of Mr. Sabur Ali, complained of sexual harassment and the use of filthy, abusive language to her by the raiding police party.
SUGGESTED ACTION:
Please send a letter, fax or email to the local authorities expressing your concern of this serious case.
1. Dr. P.P.J. Abdul Kalam
President
Office of the President,
Rashtrapati Bhawan,
New Delhi, 110004
INDIA
Tel: +91 11 3016767 (Joint Secretary), 3014507 (Personal Secretary)
Fax: +91 11 3017290, 3014570
Email: presssecy@alpha.nic.in or Pressecy@Sansad.nic.in
2. Shri Justice A S Anand
Chairperson
National Human Rights Commission of India
Sardar Patel Bhawan
Sansad Marg, New Delhi – 110 001
INDIA
Tel: +91 11 2334 0891 / 2334 7065
Fax: +91 11 2334 0016
E-Mail: chairnhrc@nic.in
3. Mr. Buddhadeb Bhattacharya
Chief Minister
Government of West Bengal
Fax: +91 33 22145480
Email: cm@wb.gov.in
4. Ministry of Home Affairs
North Block, Central Secretariat
New Delhi – 110 001
Tel: +91 23092011, 23092161
Fax: +91 23093750, 23092763
E-mail: websitemhaweb@mha.nic.in
5. Shri Justice Mukul Gopal Mukherji
Chairperson
West Bengal Human Rights Commission
Bhabani bhavan, Alipore,
Calcutta-700027
Tel: +91 33 4797259 / 5558866
Fax: +91 33 4799633
6. Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917-9016
E-mail: secrt.hchr@unog.ch
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear
Re: Illegal arrest and torture of 13/14 year old boy at Magrahat Police Station
Name of the victim: Salauddin Sk., son of Sabur Ali Sk., 13, a student in class 8 of Mohanpur High Madrasa.
Perpetrators: Some officers attached to the Magrahat Police Station, South 24 Parganas District, West Bengal, India
Period of illegal arrest, detention and torture: from 16 October to 19 October 2003
I am shocked to hear about the illegal arrest and brutal torture of 13 year old boy Salauddin Sk.
According to the information I have received, on 16 October 2003 Salauddin was arrested by a police party came from the Magrahat Police Station, instead of his older brother Noor Nabi, even though he did not commit any crime. Salauddin was illegally detained and tortured in the Magrahat Police Station lock-up from 16 October 19 October 2003. On 20 October 2003, the police produced Salauddin in court with a fictitious case where he got bail.
The manner in which the police arrested and tortured Salauddin reflects the nature of police action in India. In the Magrahat Police lock-up Salauddin was stripped. Then policemen tied a brick with one end of a rope, while tying the other end of to his penis and testicles jointly. Salauddin was also beaten with sticks, fists and blows. At present Salauddin cannot urinate easily. He is suffering from continuous pain in his penis and lower abdomen. Furthermore, the Officer-In-Charge of the Magrahat police station claims to have no information about this case. No serious action has yet taken by the police to investigate this case.
Therefore, I strongly urge you to take immediate action to prosecute the responsible officers. I also urge you to withdraw the false charge on the victim. I further urge the responsible authorities to provide compensation to the victim. Lastly, I request the Government of India to declare the torture as a crime and to ratify the Convention against Torture (CAT) as soon as possible to ensure that these incidents do not reoccur. For how long do the innocent people have to further suffer from torture and ill treatment in India? The Government of India must take speedy and strong actions to eliminate the widely spread custom of torture at police stations in India immediately.
Sincerely yours
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
