INDIA: Police fail to investigate a case of rape and mother receives death threats

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM, a local human rights group working from West Bengal, India that a woman whose daughter was raped and murdered has been threatened at gunpoint to withdraw her case against the perpetrators.  The local police have refused to perform their duties to cooperate in bringing the accused before the law, or to protect the victim from harassment and threats.

CASE DETAILS:

On 27 April 2007, Shilpi Khatun (age 12 years), was raped and murdered by Shahin Mondal (minor), son of Lalu Mondal from Enayetpur village.

When Ms. Mafia Bewa, the mother of rape victim reported this incident to Jalangi Police Station, the Officer-in-Charge (OIC) did not record it. Instead a different complaint was prepared and Mafia was strongly encouraged to compromise with the alleged perpetrator, Shahin Mondal, by police officers. As Mafia refused to compromise, she received death threats. It is reported that the alleged perpetrator and his family have strong connections with higher authorities of the police as well as the ruling party leaders in the village.

Mafia lodged a complaint with the help of the local human right organization to various government authorities on July 7 2007. In response to the complaint, the Sub-Divisional Police Officer, submitted a report justifying the action taken by the police. When this report was released, MASUM on behalf of Mafia issued a further complaint against the report on 28 January 2008. This resulted in the Chairperson of the National Commission for Women sending a letter to the Superintendent of Police at Murshidabad raising MASUM’s complaints and challenging the police report. However, the Superintendent of Police has yet to respond to this further enquiry.

At 9pm on June 23 2008, the alleged perpetrator Shahin and his father Lalu entered Mafia’s house and threatened her at gun point, forcing her to sign several blank pieces of papers and warned of serious consequences if she dared to testify before the Juvenile Justice Board in Kolkata, which was supposed to be held on June 24 2008. Shahin and his father were accompanied by Mr. Sirajul Seikh, Mr. Bablu Sk., Mr. Hamu Sk. and other unidentified persons from Enayetpur village, when they forced their way into the house.

Due to the threat, Mafia was unable to appear before the Board on June 24 2008. Mafia went to Jalangi Police Station with the help of MASUM to file a complaint concerning threat but the Duty Officer refused to record it without explanation. Mafia again reported the police refusal to the superintendent of Police at Murshidabad.

At 4pm on June 25 2008, Mr. Subir Pal, the present OIC at Jalangi Police Station, along with four other police officers reached Mafia’s house and spoke with her regarding the incident. However, to date the police has failed to investigate and arrest anyone involved.

ADDITIONAL INFORMATION:

There were number of different authorities where Mafia lodged complaint on 7 July 2007 with the help of MASUM such as National Human Rights Commission (Ref: EU/NHRC/SK/387/07), National Commission for Minorities (Ref: EU/NCM/SK/388/07), National Commission for Women (Ref: EU/NCW/SK/389/07), West Bengal Commission for Women (Ref: EU/WBCW/SK/390/07), West Bengal Human Rights Commission (Ref: EU/WBHRC/SK/391/07), Principal Secretary (Home) West Bengal (Ref: EU/PS(H)WB/SK/392/07), Director General and Inspector General of West Bengal Police (Ref: EU/DG & IGP/WBP/SK/393/07) and Superintendent of Police, Baharampur, Murshidabad (Ref: EU/SP/MSD/SK/393/07). However, the victim has not received response from any of these authorities.

Mafia had received repeated threats from Lalu Mondol but the police did not take any action against him.  According to the MASUM, the police have failed to carry out correct procedure in a number of instances: illegally detaining Sahin, who is a minor, and producing him before a court within 24 hours from the time of arrest, which violates the Juvenile Justice Act 2000. For another example, no female police officer was present at the inquest of Shilpi Khatun on the 27 April 2007.

The police at Jalangi Police Station are in violation of Section 217 of the Indian Penal Code (IPC) 1860, which makes it unlawful for a public servant to disobey the direction of law with the intent to save persons from punishment. Section 217 states that Whoever, being a public servant, knowingly disobeys and direction of the law as to the way in which he is to conduct himself as such public servant, intending thereby to save or knowing it to be likely that he will thereby save, any person from legal punishment, or subject him to a less punishment than that to which he is liable, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or any charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Criminal trespassing and criminal intimidation as carried out by the perpetrators are both punishable under IPC 1860 Section 441 and 503.

SUGGESTED ACTION:

Please write letters to the relevant authorities to investigate into the alleged negligence and inaction of the police and to ensure that they are thoroughly investigated and punished in accordance with the law. Please also ask them to immediately provide protection for family members.

The AHRC has also written separate letters to the Rapporteur on Violence against Women calling for an intervention.

To support this case, please click here: SEND APPEAL LETTER