INDIA: Authorities must do more for a 14-year-old girl who was raped then shot

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from QIC-AC Uttar Pradesh (QIC-AC UP), a human rights association that in Bahraich district a 14-year-old girl was sexually abused then shot by a member of a mafia. At the time, she was alone in her home as her only remaining family member, her father, was working in the field. Her father went to the police station but they refused to lodge a complaint until they received it from a local NGO. The police arrested the perpetrator but no further action has been taken.

CASE DETAILS:

Rani (not her real name), the 14-year-old daughter of Mr. Khargi, is a permanent resident of Bankati under the jurisdiction of the Sujauli police station, in Bahraich District, Uttar Pradesh State. She lives alone with her father as her mother died when she was 5 years old.

Rani was at home alone when on July 10, 2009 when at approximately 11:30am Mohammad Ateek, son of Mohammad Anees, entered Khargi’s house. He then proceeded to molest and rape her. When she shouted for help, Ateek took out his air rifle and shot her.

Hearing shouting, forest guard Mr. Rajkumar Panchi chased Ateek, who was attempting to escape and caught him. At 1pm, Rani’s father went to the police station to have a case filed against Ateek. However, the police refused to file the case. It was only after a local NGO intervened and put pressure on the Sujauli police that the FIR (First Information Report) had been filed on July 10. The charge sheet is already filed in court.

The FIR was filed against Ateek under Section 354 for assault or criminal force to a woman with the intent to outrage her modesty and Section 300 of the Indian penal Code (IPC), 1860. These offenses, once the accused is convicted, impose a punishment of seven years imprisonment and/or a fine.

However, the police, instead of performing their sworn public duty and conducting an investigation threatened Rani and also put pressure on her father to withdraw the complaint they had filed. The police are also demanding bribes from them.

ADDITIONAL INFORMATION:

As we have been informed by the QIC-AC UP, the perpetrator is notorious for this kind of behavior. He had also previously attempted to rape other minors. However, their parents do not disclose these incidents for fear of reprisal by Ateek, whose brother is a forest contractor. Furthermore, the parents had also fail to make complaints to the police because of the detrimental implications to the ‘honour of the family’ and to avoid insults or being ostracized by the rest of the community.

In India, women are seen as having responsibility for the family honour and this is maintained through their chastity. If a woman or a girl is raped it is she who is assumed to be guilty as rather than the attacker who may have actually raped her. This is the local mentality even if he could be punished by the law. Victims are often accused of allowing the men to bring shame to their dignity, and are blamed for tempting the rapists.

Rape victims or even of indecent assault by the opposite sex are looked down by their peers. They are marginalized by society and in most cases, they are unable to marry. In Rani’s case, this will be highly traumatizing for her, especially as she has to endure the continued proximity to the perpetrator. She also has to endure the ongoing threat of sexual violence and of being humiliated. Her freedom for movement has become significantly restricted. Such an environment, with the constant threat of physical and psychological abuse, will surely have a tremendous effect on the victim’s mental health.

In cases such as this those trying to seek punishment for the perpetrators may dilute the severity of the crime from rape to assault in order to protect the victim from not being able to marry.

The Code of Criminal Procedure (Cr.P.C), 1973 Section 4 requires all cases under the IPC to be investigated, be inquired into and to be tried. Section 161 (examination of witnesses by the police) does not include guidance on dealing with victims who are likely to be highly traumatized, such as providing counseling etc. Often in cases of rape, the victim will wash themselves removing all evidence of the crime which is vital as evidence in court and for successful prosecution. Public education campaigns could raise awareness on this issue and encourage victims of sexual assault to go immediately for examination. However, low expectations for the authorities, silencing of the crime, poor image of the police administration and bureaucratic procedures prevent this, further contributing to low rates of conviction.

Corruption is preventing Rani’s case from being properly investigated in accordance with the law. Furthermore, Rani’s family is poor and thus has little opportunity to exert power and authority or to demand their rights. Often perpetrators of crimes can prevent investigation and arrest through political and financial leverage. This happens as the police administration is intimately entwined with the political party in power: state politicians appoint senior police officers.

BACKGROUND INFORMATION:

Internationally, women’s rights are enshrined in the United Nation (UN) Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Declaration on the Elimination of Violence Against Women. In practice, women have few rights in India and are largely seen to be their husbands’ property. It is widely believed by both men and women that it is the husband’s or a male’s prerogative to inflict violence on his wife or the woman as he sees fit. Violence against women constitutes a fundamental violation of their rights and the denial of equality and dignity.

India did not respond to a communiqué sent by the Special Rapporteur on violence against women in 2006. The UN Development Fund for Women (UNIFEM) South Asia office reports that in its Gender Equity Index 2007- based on economic activity, empowerment and education- India has the lowest equity ranking in South Asia with little progress seen over the last four years.

SUGGESTED ACTION:
Please send letters to the authorities named below expressing your concern in this case.

The AHRC is also sending a letter to the Special Rapporteur on violence against women calling for an intervention in this case.

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