Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information from Nervazhi, our partner organization in Kerala, regarding the abusive behaviour of the police towards a woman who complained about sexual assault in Thrissur, Kerala.
CASE NARRATIVE:
The complainant S, (40), is a social worker who fights for issues related to women’s rights. On 26 June 2017, she took a bus from a place in Thrissur, where she was sitting in the second row. When the bus was reaching the town centre after passing Ollur, a man sitting in the row behind her molested her from the left. She immediately got up and confronted the man. The man tried to hit her and the other passengers in the bus stopped him and the bus was asked to be driven to the police station. The complainant then called up the Police control room using the helpline number 100 and complained about the incident. The bus was instructed to be driven to the Cherpu police station. The other passengers presented the accused at the police station.
The time was around 8:10 a.m., and there were no female police officers. One of the police officers then angrily asked the complainant why she came to the Cherpu police station instead of the one in Ollur, which was where the incident happened. The complainant responded that the Police control room instructed her to register her complaint at Cherpu.
The police officer then proceeded to shame the complainant, using abusive and filthy language to intimidate and insult her, going so far as to insinuate that she enjoyed the molestation and questioning why she did not complain earlier. The complainant was devastated and traumatized by this line of questioning, and proceeded to call her husband. At this time, one of the officers came and shouted at her, threatening to throw away her mobile phone and prevented her from making the call.
The bus conductor then came to the scene and enquired about the incident. Once again, the complainant tried to make a phone call, following which the same police officer told her that phone calls are not allowed. She was consumed by fear and the bus conductor told the officer that she was the wife of a Circle Inspector(CI) in the police, so as to be taken seriously.
This completely changed the behaviour of the officers, and they proceeded to treat her with respect, and the Sub-Inspector promised that a case would be filed. Subsequently, her complaint was recorded but she not allowed to make a phone call or inform anyone of her predicament. She returned home and later in the day, she called up Circle Inspector Manoj and complained about the errant police officer’s behaviour. She alleges that he was more interested to know about who her ‘husband’, the ‘Circle Inspector’ was.
Additional information
The police came to S’s workplace to once again take her testimony and she refused to do it without a Vanitha police (female police officers in Kerala tasked with addressing women’s issues), angering the police officer who left. Her testimony has not been taken since. She feels that the only reason her case was registered was because they thought that she was the CI’s wife.
Once again, this case exposes the failure of police officers to do their duty as per law and the gross abdication of their responsibilities. Strict action must be taken against these police officials for their criminal conduct and failure to follow the due process of law and for violation of the relevant provisions of the Kerala Police Act and Articles 14 and 15 of the Constitution of India. Complainants of sexual assault regularly face stigma and are shamed by law enforcement officials, lawyers and the judiciary for their supposed role in their assault. This case simply reiterates the institutionalized patriarchy and corruption that exists and the urgent need to conduct gender sensitization training for police officers and bring them to book on priority if they blame and shame survivors of sexual assault. This case also shows that the police are only willing to do their duty if the complainant is someone important or related to someone important.
SUGGESTED ACTION:
Please write letters to the relevant authorities asking them to order an enquiry against the police officials, suspend them, and initiate criminal action against them. Compensation must also be provided to the complainant for the trauma caused due to the abusive behaviour of the police.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
INDIA: Woman in Kerala shamed by police when reporting a case of molestation
Name of victim: Mrs. S (40)
Names of alleged perpetrators: CPO Ramdas from Cherpu Police station, Thrissur
Date of incident: June 26, 2017
Place of incident: Thrissur, Kerala
I am writing to voice my deep concern regarding the abusive victim-blaming and shaming behavior meted out to the complainant in a molestation case by a police officer at Cherpu police station in Thrissur, Kerala.
The complainant S, (40), is a social worker who fights for issues related to women’s rights. On 26 June 2017, she took a bus from a place in Thrissur, where she was sitting in the second row. When the bus was reaching the town centre after passing Ollur, a man sitting in the row behind her molested her from the left. She immediately got up and confronted the man. The man tried to hit her and the other passengers in the bus stopped him and the bus was asked to be driven to the police station. The complainant then called up the Police control room using the helpline number 100 and complained about the incident. The bus was instructed to be driven to the Cherpu police station. The other passengers presented the accused at the police station.
The time was around 8:10 a.m., and there were no female police officers. One of the police officers then angrily asked the complainant why she came to the Cherpu police station instead of the one in Ollur, which was where the incident happened. The complainant responded that the Police control room instructed her to register her complaint at Cherpu.
The police officer then proceeded to shame the complainant, using abusive and filthy language to intimidate and insult her, going so far as to insinuate that she enjoyed the molestation and questioning why she did not complain earlier. The complainant was devastated and traumatized by this line of questioning, and proceeded to call her husband. At this time, one of the officers came and shouted at her, threatening to throw away her mobile phone and prevented her from making the call.
The bus conductor then came to the scene and enquired about the incident. Once again, the complainant tried to make a phone call, following which the same police officer told her that phone calls are not allowed. She was consumed by fear and the bus conductor told the officer that she was the wife of a Circle Inspector(CI) in the police, so as to be taken seriously.
This completely changed the behaviour of the officers, and they proceeded to treat her with respect, and the Sub-Inspector promised that a case would be filed. Subsequently, her complaint was recorded but she not allowed to make a phone call or inform anyone of her predicament. She returned home and later in the day, she called up Circle Inspector Manoj and complained about the errant police officer’s behaviour. She alleges that he was more interested to know about who her ‘husband’, the ‘Circle Inspector’ was.
I was informed that the police came to S’s workplace to once again take her testimony and she refused to do it without a Vanitha police (female police officers in Kerala tasked with addressing women’s issues), angering the police officer who left. Her testimony has not been taken since. She feels that the only reason her case was registered was because they thought that she was the CI’s wife.
Once again, this case exposes the failure of police officers to do their duty as per law and the gross abdication of their responsibilities. Strict action must be taken against these police officials for their criminal conduct and failure to follow the due process of law and for violation of the relevant provisions of the Kerala Police Act and Articles 14 and 15 of the Constitution of India. Complainants of sexual assault regularly face stigma and are shamed by law enforcement officials, lawyers and the judiciary for their supposed role in their assault. This case simply reiterates the institutionalized patriarchy and corruption that exists and the urgent need to conduct gender sensitization training for police officers and bring them to book on priority if they blame and shame survivors of sexual assault. This case also shows that the police are only willing to do their duty if the complainant is someone important or related to someone important.
Therefore, I request you to register a crime and book the offending police officers for their abusive and intimidating handling of the matter, investigate their alleged criminal and corrupt behavior and take strict action if found guilty. They should also be suspended pending enquiry. Lastly, the government must pay interim compensation to the complainant for the mental trauma undergone while trying to register a complaint of molestation.
Yours Sincerely,
PLEASE SEND YOUR LETTERS TO:
1. Justice H.L.Dattu, Chairperson
National Human Rights Commission
Manav Adhikar Bhawan
Block-C, G.P.O. Complex, INA
New Delhi-110023
Email: cr.nhrc@nic.in
2. Mr. Pinarayi Vijayan
Chief Minister and Minister for Home and Vigilance
Ground Floor, Main Block
Secretariat, Thiruvananthapuram, Kerala
INDIA
Fax + 91 471 2327451
E-mail: min.home@kerala.gov.in
3. Mr. LokanathBehara(IPS)
Director General of Police, Kerala
Police Headquarters
Trivandrum – 695010, Kerala
INDIA
Fax + 91 471 2726560
E-mail: dgp@keralapolice.gov.in
4. Shri. P Mohana Das,
Acting Chairperson
Kerala State Human rights Commission
Turbo plus tower, PMG junction
Thiruvananthapuram-33
INDIA
Fax: 91 471 2337148
E-mail: hrckeralatvm@gmail.com
5. Inspector General of Police, (Thrissur Range)
High Road,
Thrissur – 680001
Tel: +91-487-2425250
Email: igptsrrange.pol@kerala.gov.in
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
