Dear friends,
The Asian Human Rights Commission (AHRC) has received information from Women in Governance ( WinG-Assam), a network of women activists in Assam, India, regarding the acid attack on two young girls aged 18 and 12 years on 6 November 2013 at around 10-30 P.M. at Kamar Gaon village under Siphajhar police station of Darang district, Assam. The AHRC is concerned that the police have so far remained indifferent and is lethargic towards the investigation, thereby favouring the perpetrators. The survivors received no support for medical treatment despite approaching several state authorities. Cases of acid attack are not heard off in recent time in Assam and hence the authorities must take exemplary measures to prevent similar incidents in future. In India, acid and corrosive substances are readily available in the market and are often used as toilet cleaners. Implementation of laws and Supreme Court guidelines related to unauthorized use and sale of acid in India remains problematic. The AHRC urges the authority to take prompt action and to provide adequate compensation to the survivors in this case and many others in India.
CASE NARRATIVE:
Two young girls, namely Nirupama Kalita, 18 years and Karishma Kalita, 12 years of age, were returning home along with their mother and grandmother after a religious prayer at local Nam Ghar (a religious temple) on November 6, 2013 at around 10:30 P.M. On the way they were attacked by two masked men dressed in black that threw throw concentrated corrosive acid causing serious injury to all including the two females. The mother, Rukmini Kalita, the grandmother and Karishma were also injured. They were immediately admitted to Asamarik Medical College Hospital, Mongoldoi. Later on they were shifted to Gauhati Medical College Hospital, Guwahati for appropriate treatment, keeping in mind the serious injury. The attack caused severe injury over the face, ears and chest of Nirupama who is undergoing treatment until today even after four plastic surgeries and related treatment. The family has spent about a huge amount and requires more financial resources to continue better treatment outside the state.
Four names surfaced during the ongoing slow police investigation in connection with the incident and their identities are believed to be as follows:
1. Lachit Kalita, son of Katiram Kalita resident of Sonapujuli village, Dimakuchi, Bodoland Territorial Administered District.
2. Bhargav Kalita, son of Rameswar Kalita, resident of North Kenduguri, P.O Dipila Darang district
3. Kishore Deka, son of Thanuram Deka, Kewaliyahati village under Pathari ghat police station of Darng district.
4. Jyoti Kalita, Kamar Gaon village, Siphajhar police station of Darang district, Assam
It is reported that about 3-4 years back, when Nirupama was studying at 9th and 10th standard, Lachit used to reside with one of the relatives of the victim and at Bhargav’s place. Lachit at that time used to harass Nirupama through unsolicited love interest which was further encouraged by Bhargav. The family member asked Lachit to refrain from such approaches this was reported to Nirupama’s parents. However, this action further increased the harassment. Both Lachit and Bhargav threatened her with dire consequences, even to kidnap and kill her. They also created obstacles in her studies and restricted mobility by pronouncing repeated threats. They used to call from different unknown mobile numbers and threatened not only the survivor but also her parents. An unpleasant situation ensued.
In order to evade the threats and not to affect her study, Nirupama migrated to a hostel in Sipajhar and was pursuing her education until she was attacked with acid.
The family has reasonable doubt over Kishore Deka due to certain previous unpleasant incidents. Kishore was appointed as a private tutor for Nirupama and her sister while he was working as a contractual teacher at Duni Girls Higher Secondary School about three years earlier. Kishore lured the two sisters with gifts and sexually harassed them during classes. On learning this, parents prohibited his entry in their residential premises. Kishore then adopted a different method of harassment and would make threat calls on different numbers like 9577200503, 98648056181, 9954605051 etc. On the day of the incident, 6 November 2013, Nirupama received a call from the tutor asking about her whereabouts. He came to know that she was visiting her parents. He disconnected the phone abruptly. This act raises reasonable doubts about his role in the crime.
The case was registered under Sipajhar police station [case no 357/13 u/s 341, 326A and 34 IPC]. However police showed negligence over the investigation. The bottle of acid left at the spot of incident by the accused was not seized by the police even after they were repeatedly informed. The maternal uncle of the survivor took the bottle and gave it for test in a local laboratory where it was confirmed by experts as nitric acid. Nitric acid was stored in a 1 liter coca cola bottle which was then concealed in a 3 liters mineral water bottle and was covered with black tape.
As a part of the police investigation, the suspected persons Bhargav, Kishore were arrested and released after a day while Jyoti Kalita was sent to judicial custody for ten days and then released on bail. It is reported that he reports every day at the police station but at night he stays at home. The suspects are moving freely adding continuous threat to the safety and security of the survivor and her family members. Corruption and negligence of duty by police cannot be ruled out.
In order to seek justice, the family repeatedly visited local Police Station, Out Post, Office of Superintendent of Police, Additional District Commissioner, District Commissioner, Deputy General of Police, Chief Secretariat, Home Secretariat, Health Minister’s Office, Local politician, Chief minister’s Office, State Women Commission etc. for their help. However the response of these authorities towards this cruel and barbaric incident, the first in the state, remains unsatisfactory.
This negates the Supreme Court of India’s direction to the government on 18 July 2013, that in every case of acid attack, the victim is to be paid, 300,000 Rupees, of which 100,000 is to be paid within 15 days of the incident. The Court has also issued directions to ensure that the stocking and sale of corrosive substances are documented. However, none of this is enforced in India.
At present Nirupama is in critical conditions (see picture above). None of the survivors received any legal help nor were they adequately compensated as per the Supreme Court order date July 18, 2013 in Laxmi vs. Union of India, [Writ Petition (Criminal) no. 129 of 2006.
That such a horrendous incident has taken place throws light upon the public perception about crime investigation in India. As it is reported in this case, the neglect by the police to investigate cases promptly and efficiently encourages persons abetting crimes to execute them, with relative impunity, though the latest amendment to the Indian penal law prescribes 10 years’ to imprisonment for life for a person convicted of injuring another person with corrosive substances like acid.
ADDITIONAL INFORMATION:
Section 326A and 326B of Indian Penal Code criminalizes causing or attempt to cause gravious hurt using corrosive substance like acid. Section 326A prescribes imprisonment of not be less than ten years extendable to imprisonment for life, and with fine. Fine shall be just and reasonable to meet the medical expenses of the treatment of the victim and any fine imposed under this section shall be paid to the victim.
In a landmark judgment, the Supreme Court in a Public interest litigation, Laxmi vs. Union of India, [Writ Petition (Criminal) no. 129 of 2006], passed a direction on 2 February 2013, to enact appropriate provision for effective regulation of sale of acid and other corrosive substances in the States/Union Territories, undertake measures for the proper treatment, after care and rehabilitation of the victims of acid attack and needs of acid attack victims and measures for compensation payable to acid victims. It was revealed during the hearing that Central government of India has drafted Model Rules entitled “The Poisons Possession and Sale Rules, 2013” stating that the Central Government will circulate the Model Rules to regulate sale of acid and other corrosive substances framed under the Poisons Act, 1919 in India. Acid attack is proposed to be pronounced as a cognizable and non-bailable offence under the Poison Act, 1919. This Model Rules should be treated as the best practices till specific laws are enacted by the states. In a subsequent order on July 18, 2013, the court ruled that the acid attack victims shall be paid compensation of at least Rs. 3 lakhs INR (lakh= 100,000) by the concerned State Government/Union Territory as the after care and rehabilitation cost. Of this amount, a sum of Rs 1 lakh INR shall be paid to such victim within 15 days of occurrence of such incident (or being brought to the notice of the State Government/Union Territory) to facilitate immediate medical attention and expenses in this regard. The balance sum of Rs. 2 lakhs INR shall be paid as expeditiously as may be possible and positively within two months. In addition to this provision, section 357A was inserted in the Code of Criminal Procedure, 1973 by Act 5 of 2009 with effect from 31 December 2009. This Section provides for preparation of a scheme for providing funds for the purpose of compensation to the victim or dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.
Kindly write to the authorities quoted below expressing your concern in this case, demanding urgent action and arrest of the perpetrator. The AHRC will write a separate letter to the UN Special Rapporteur on Violence against Women calling for her immediate intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
INDIA: Women attacked with acid, police buying time for investigation
Name of victims: Nirupama Kalita, Karishma Kalita, Rukmini Kalita and her mother
Names of alleged perpetrators: 1. Lachit Kalita 2. Bhargav Kalita 3.Kishore Deka 4.Jyoti Kalita.
Date of incident: 6 November 2013 at about 10.30 pm
Place of incident: Kamar Gaon village under Siphajhar police station of Darang district, Assam
I am writing to voice my deep concern regarding acid attack on two women aged 18 and 12 years on 6 November 2013 at around 10-30 P.M. at Kamar Gaon village under Siphajhar police station of Darang district, Assam. I am concerned that the police so far remained indifferent and is lethargic towards the investigation favouring the perpetrators. The survivors received no support for medical treatment despite approaching several state authorities. Case of acid attack is not heard off in recent time in Assam and hence the authorities must take exemplary measures to prevent similar incident in future. In India, acid and corrosive substances are readily available in the market and are often used as toilet cleaners. Implementation of laws and Supreme Court guidelines related to unauthorized use and sale of acid in India remains problematic. I urge the authority to take prompt action and to provide adequate compensation to the survivors in this case and many others in India.
I am informed that two young girls, namely Nirupama Kalita, 18 years and Karishma Kalita, 12 years of age, were returning home along with their mother and grandmother after a religious prayer at local Nam Ghar (a religious temple) on November 6, 2013 at around 10:30 P.M. On the way they were attacked by two masked men dressed in black that threw throw concentrated corrosive acid causing serious injury to all including the two females. The mother, Rukmini Kalita, the grandmother and Karishma were also injured. They were immediately admitted to Asamarik Medical College Hospital, Mongoldoi. Later on they were shifted to Gauhati Medical College Hospital, Guwahati for appropriate treatment, keeping in mind the serious injury. The attack caused severe injury over the face, ears and chest of Nirupama who is undergoing treatment until today even after four plastic surgeries and related treatment. The family has spent about Rs. 300,000/= and requires more financial resources to continue better treatment outside the state.
Four names surfaced during the ongoing slow police investigation in connection with the incident and their identities are believed to be as follows:
1. Lachit Kalita, son of Katiram Kalita resident of Sonapujuli village, Dimakuchi, Bodoland Territorial Administered District.
2. Bhargav Kalita, son of Rameswar Kalita, resident of North Kenduguri, P.O Dipila Darang district
3. Kishore Deka, son of Thanuram Deka, Kewaliyahati village under Pathari ghat police station of Darng district.
4. Jyoti Kalita, Kamar Gaon village, Siphajhar police station of Darang district, Assam
It is reported that about 3-4 years back, when Nirupama was studying at 9th and 10th standard, Lachit used to reside with one of the relatives of the victim and at Bhargav’s place. Lachit at that time used to harass Nirupama through unsolicited love interest which was further encouraged by Bhargav. The family member asked Lachit to refrain from harassing such approaches were reported to Nirupama’s parents. However, this action further increased harassment. Both Lachit and Bhargav threatened her with dire consequences, even to kidnap and kill. They also created obstacles in her studies and restricted mobility by pronouncing repeated threats. They used to call from different unknown mobile numbers and threatened not only the survivor but also her parents. An unpleasant situation ensued.
In order to evade the threats and not to affect her study, Nirupama migrated to a hostel in Sipajhar and was pursuing her education until she was attacked with acid.
The family has reasonable doubt over Kishore Deka due to certain previous unpleasant incidents. Kishore was appointed as private tutor for Nirupama and her sister while he was working as a contractual teacher at Duni Girls Higher Secondary School about three years back. Kishore lured the two sisters with gifts and sexually harassed them during classes. On learning this, parents prohibited his entry in their residential premises. Kishore then adopted a different method of harassment and would make threat calls different numbers like 9577200503, 98648056181, 9954605051 etc. On the day of incident i.e. 6 November 2013, Nirupama received a call from the tutor asking about her whereabouts. He came to know that she is visiting her parents. He disconnected the phone abruptly. This act raises reasonable doubts about his role in the crime.
The case was registered under Sipajhar police station [case no 357/13 u/s 341, 326A and 34 IPC]. And I am appalled to learn that the police showed negligence over the investigation. The bottle of acid left at the spot of incident by the accused was not seized by the police even after they were repeatedly informed. The maternal uncle of the survivor took the bottle and gave it for test in a local laboratory where it was confirmed by experts as nitric acid. Nitric acid was stored in a 1 liter coca cola bottle which was then concealed in a 3 liters mineral water bottle and was covered with black tape.
As a part of the police investigation, suspected persons Bhargav, Kishore was arrested and released after a day while Jyoti Kalita was sent to judicial custody for ten days and was released on bail. It is reported that he reports every day at the police station but at night he stays at home. The suspects are moving freely adding continuous threat to the safety and security of the survivor and her family members. Corruption and negligence of duty by police cannot be ruled out.
In order to seek justice, the family repeatedly visited local Police Station, Out Post, Office of Superintendent of Police, Additional District Commissioner, District Commissioner, Deputy General of Police, Chief Secretariat, Home Secretariat, Health Minister’s Office, Local politician, Chief minister’s Office, State Women Commission etc. for their help. However the response of these authorities towards this cruel and barbaric incident, the first in the state remains unsatisfactory.
This negates the Supreme Court of India’s direction to the government on 18 July 2013, that in every case of acid attack, the victim is to be paid, 300,000 Rupees, of which 100,000 is to be paid within 15 days of the incident. The Court has also issued directions to ensure that the stocking and sale of corrosive substances are documented. However, none of this is enforced in India.
At present Nirupama is in critical condition. None of the survivors received any legal help nor is adequately compensated as per the Supreme Court order date July 18, 2013 in Laxmi vs. Union of India, [Writ Petition ( Criminal) no. 129 of 2006].
That such a horrendous incident has taken place throws light upon the public perception about crime investigation in India. As it is reported in this case, the neglect by the police to investigate cases promptly and efficiently encourages persons abetting crimes to execute them, with relative impunity, though the latest amendment to the Indian penal law prescribes 10 years’ to imprisonment for life for a person convicted of injuring another person with corrosive substances like acid.
Section 326A and 326B of Indian Penal Code criminalizes causing or attempt to cause gravious hurt using corrosive substance like acid. Section 326A prescribes imprisonment of not be less than ten years extendable to imprisonment for life, and with fine. Fine shall be just and reasonable to meet the medical expenses of the treatment of the victim and any fine imposed under this section shall be paid to the victim.
In a landmark judgment, the Supreme Court in a Public interest litigation, Laxmi vs. Union of India, [Writ Petition (Criminal) no. 129 of 2006], passed a direction on 2 February 2013, to enact appropriate provision for effective regulation of sale of acid and other corrosive substances in the States/Union Territories, undertake measures for the proper treatment, after care and rehabilitation of the victims of acid attack and needs of acid attack victims and measures for compensation payable to acid victims. It was revealed during the hearing that Central government of India has drafted Model Rules entitled “The Poisons Possession and Sale Rules, 2013” stating that the Central Government will circulate the Model Rules to regulate sale of acid and other corrosive substances framed under the Poisons Act, 1919 in India. Acid attack is proposed to be pronounced as a cognizable and non-bailable offence under the Poison Act, 1919. This Model Rules should be treated as the best practices till specific laws are enacted by the states. In a subsequent order on July 18, 2013, the court ruled that the acid attack victims shall be paid compensation of at least Rs. 3 lakhs INR (lakh= 100,000) by the concerned State Government/Union Territory as the after care and rehabilitation cost. Of this amount, a sum of Rs 1 lakh INR shall be paid to such victim within 15 days of occurrence of such incident (or being brought to the notice of the State Government/Union Territory) to facilitate immediate medical attention and expenses in this regard. The balance sum of Rs. 2 lakhs INR shall be paid as expeditiously as may be possible and positively within two months. In addition to this provision, section 357A was inserted in the Code of Criminal Procedure, 1973 by Act 5 of 2009 with effect from 31 December 2009. This Section provides for preparation of a scheme for providing funds for the purpose of compensation to the victim or dependents who have suffered loss or injury as a result of the crime and who require rehabilitation.
I, urge the authorities to:
1. order a separate investigation by the Central Intelligence Department
2. provide immediate medical support and compensation amount specified by the Supreme Court of India for better treatment and rehabilitation as in Laxmi vs. Union of India, [Writ Petition ( Criminal) no. 129 of 2006].
3. immediately arrest the suspects and bring them to trial and if proven guilty, exemplary punishment must be awarded to nib the crime in the bud.
Yours sincerely,
——————————————————–
PLEASE SEND YOUR LETTERS TO:
1. Office of the Superintendent of Police
Darang district, Assam, India
Phone: +91-3713222214
E-mail: sp-darrang@assampolice.gov.in
2. Deputy Commissioner
Mangaldai, Darang District
Assam, INDIA
Phone: +91-3713-222135
E-mail: dcdarrang@gmail.com, dc-darrang@assam.nic.in
3. Chief Minister of Assam
Dispur, Guwahati, Assam
Phone: +91-361-2262222, +91-361-2266188
Fax: +91-361-2262069
Email: cmtarungogoi@gmail.com
4. National Commission for Protection of Child Rights
New Delhi, India
Phone : +91-11-23731583
Fax: +91-11-23731584
Email: cp.ncpcr@nic.in
5. State Commission for Protection of Child Rights
Dr. Runumi Gogoi, Chairperson
Jaya Nagar, Sixmile, Guwahati, Assam
Email: ascpcr@rediffmail.com
Phone: +91-361-2638654
Fax: +91-361-2220283, 2733892
Mobile: +91-9954533890
Email: ascpcr@rediffmail.com
6. National Commission for Women
4, Deen Dayal Upadhayaya Marg,
New Delhi-110 002
Phone: +91-11-23237166, 91-11-23236988
Email: complaintcell-ncw@nic.in, ncw@nic.in
7. Mr. Pranab Mukherjee
President of India
Rarstrapati Bhawan, New Delhi-110 004
INDIA
Telephone: + 91-11-23015321
Fax : +91-11-23017290, +91-11-23017824
Email: secy.president@rb.nic.in
8. Mr. Manmohan Singh
Prime Minister of India
South Block, Raisina Hill,
New Delhi – 110011
INDIA
Telephone: +91-11-23012312
Fax: +91-11-23019545, + 91-11-23016857
Email: manmohan@sansad.nic.in
9. Mr. Sushil Kumar Sambhajirao Shinde
Minister of Home Affairs
Krishna Menon Marg
New Delhi – 110 003, INDIA
Phone +91 11 2371-7474, +91 11 2371-9205
Fax: +91 11 2371-0065
Email: skshinde@sansad.nic.in
10. Chairperson,
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi 110001, INDIA
Fax: + 91 11 2338 4863
E-mail: chairnhrc@nic.in
11. Assam State Human Rights Commission
STATFED Building, Bhangagarh
Guwahati, Assam, INDIA
Phone: +91 361 2529450, 2527076
Email: secy-ahrc@nic.in
12. Assam State Police Accountability Commission (ASPAC)
105 BK Kakati road
Ulubari, Guwahati- 781007
Assam, INDIA
Tel.: +91-361-2462407
Email: aspolacct@gmail.com
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
