INDIA: Woman raped by Railway Protection constable in vacant train compartment 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information about the rape of a 30-year-old woman in a vacant train compartment at the Hasanabad Railway station, West Bengal on 18 August 2004. The woman was raped by a Railway Police Force constable while a fellow constable held a rifle pointed at the woman’s husband and children elsewhere in the vicinity of the station.

Such behavior by state officials is deeply disturbing. Your urgent action to demand an investigation into this case is needed. Please pressure the Indian authorities to take strong action against such abuse by law enforcement officers and to provide compensation to the victim.

Urgent Appeals Desk

Asian Human Rights Commission (AHRC)

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DETAILED INFORMATION:

Victim: 30-year-old woman, wife, mother of three children

Date of incident: 18 August, 2004 around 00-01 hours

Place of incident:  Ichhamati Passenger train compartment, at Hasanabad Station, West Bengal, India

Perpetrator:  Kapildeo Rai, a constable of the operating unit of the Railway Protection Force.

A 30-year-old woman (name withheld) was raped in a vacant compartment of the Icchamati Passenger on 18 August 2004 by a constable of the Railway Protection Force (RPF).

The woman had been traveling with her husband and three children—one boy and two girls—from Kolkata to Hasanabad, on their way to the woman’s parental house at Dulduli Mathbari under Hingalganj Police Station, West Bengal. They had boarded Icchamati Passenger No. BH-602, which was the last train, at 9pm on August 17 from Sealdah Station, Kolkata. They reached Hasnabad station at 11pm, whereupon they could not find any transport to cross the Icchamati river to reach their destination. They went to the stationmaster, who asked them not to stay on the platform, as ‘it was not safe’ and advised them to stay in the guest room in the vicinity of the station for the sake of their security.

Due to the Government Railway Police (GRP) Housing being in the adjacent building, as well as the presence of some RPF staff in the Ichhamati Express, the victim’s family felt fairly secure in taking shelter in the guest room and fell asleep. According to the victim’s husband at about 00-01 hours, suddenly two men entered the guest room. One of the men was wearing a white vest and khaki shorts, holding a rifle in his hand and claimed to be a RPF staff. He woke the victim and started to search the room. He snatched money from the husband’s pocket and then held the rifle to the husband and children’s heads while the second constable took the woman to a vacant compartment of the Ichhamati Passenger, on the pretext of having her searched again by a female RPF staff. However, once in the compartment, the RPF constable forcefully held her mouth to prevent her from shouting, threatened her with the deaths of her husband and children and raped her.

The victim then told the incident to a local youth, residing in the nearby bustee (village). At around 2am the youth brought the incident to the notice of the stationmaster, who told him to take the matter to the higher officials of the Railway authority on the next day. At 2: 48am the Icchamati Passenger started to move and both the perpetrator and his accomplice boarded the train and got away.

Hearing the woman crying loudly at the departure of the two men, the inhabitants of the local bustee and shopkeepers of the station platform rushed to the spot. They approached the stationmaster in anger, who consoled them once again of reporting the incident to the higher officials in due time. The local people and the commuters, irrespective of their political stance and other affinities came together and put on a road blockade for five hours, shouting slogans like “hang the constable like Dhananjay Chatterjee.”

A large contingent of police led by Sub Divisional Police officer Shishir Das rushed to the spot. After hours of persuasion by the police and affirmation of arresting and punishing the culprit constable, the blockade was lifted. The culprit constable Kapildeo Rai was later arrested by the police and sent for a medical examination. Rai had apparently rinsed his clothes out by then, washing away any evidence. Although Rai has since been suspended from service while a departmental inquiry occurs, Rai’s accomplice has yet to be arrested.

AHRC is greatly troubled by such abuse of power by state officials. An impartial investigation must be held immediately into the incident and interim compensation given to the victim. All those responsible must be prosecuted and punished. The state of India’s police force must be seriously considered and the Government of India should ratify the Convention against Torture and implement the corresponding domestic legislation to prevent further such human rights violations.

SUGGESTED ACTION:

Please send a letter, fax or email to the following authorities to express your concern of this case.

1. Justice Shyamal Kumar Sen
Chairman
West Bengal Human Rights Commission
Bhavani Bhavan, Alipur, Kolkata-27
West Bengal
INDIA
Fax: +91-33-2479 9633
Email: wbhrc@cal3.vsnl.net.in

2. Mr. Buddhadeb Bhattacharyya
Chief Minister and Home Minister of West Bengal
Writers Buildings, Kolkata-1,
West Bengal
INDIA
Fax: +91 33 2214 5480

Email: cm@writerscal.gov.in

3.. Justice A S Anand
National Human Rights Commission of India
Sardar Patel Bhawan
Sansad Marg, New Delhi – 110 001
INDIA
Tel: +91 11 2 334 0891 / 2334 7065
Fax: +91 11 2 334 0016
E-Mail: mailto:chairnhrc@nic.in

4. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
OHCHR-UNOG
Palais Wilson, 8-14 Avenue de la Paix,
1211 Geneva 10
SWITZERLAND
Fax: 41 22 917 9022