INDIA: Two Dalit youth tortured by police in Kerala, one commits suicide

Dear Friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the brutal police torture and subsequent suicide of a young boy in Thrissur, Kerala. Vinayak (18) was tortured and violated brutally by police officers of the Pavaratty police station, Thrissur, Kerala. He was threatened with dire consequences if he did not admit to crimes of chain snatching, which he continuously denied and was asked to cut his long hair. He later committed suicide. 

CASE NARRATIVE

Vinayak, a young man of 18 years, was working at a beautician’s shop in Mannuthy, Thrissur. On 16 July 2017, he went out with his friend, Sharath, on a motorbike that he was riding. On the way, he spotted a female friend of his and stopped to talk to her. Sharath decided to give them privacy and stepped aside. A little later, a man on a motorbike approached Vinayak, and Sharath saw him being questioned by the man. He later understood that this was Civil Police Officer (CPO) Sreejith, who was in plainclothes. The girl then walked away and CPO Sreejith took Vinayak on his bike, came to Sharath and asked him his name, address and other details. He instructed both the boys to come to the police station and when they pleaded with him not to take them, the police officer promised they will be released immediately after meeting the Sub-Inspector(SI). They then went to the police station with Sharath riding his bike and Vinayak on CPO Sreejith’s bike. The police officers confiscated their mobile phones, thereby preventing them from making calls to their friends or family.

The police officers accused the two boys of being chain snatchers, using their motorbikes to commit the crimes, and tried to pin a recent chain-snatching incident involving a woman, on them. The two boys denied this and said they were coming to this area for the first time. Another police officer, CPO Sajan came to Vinayak and held his head and beat him up on his back, and verbally abused him using filthy language. He then held on to Vinayak’s long hair and pulled out some of his hair. They once again accused him of being a chain snatcher and of refusing to stop when the police asked them to in another area some days back. Vinayak denied this and was slapped. CPO Sajan then went to Sharath and beat him as well. The two boys repeated they were innocent, and pleaded with the officers to stop hurting them. They then asked CPO Sajan to return their mobile phones to inform their family or friends. When they heard this, the police officers once again tortured them. 

Thereafter, the police officers came and shamed Vinayak by concocting stories about him and his female friend, using offensive language. They again asked the boys to admit to being chain snatchers and promised to release them if they do so. When the boys once again refused to accept blame for a crime they did not commit, the police officers tortured them by stamping on their feet with their shoes, and breaking Vinayak’s toes. They then pinched his nipples and made it bleed and beat him on his chest. Vinayak fell to the ground screaming in pain, and only then did the police officers stop torturing him. 

Another police officer then asked them if they were beaten, to which the boys replied in the affirmative, prompting CPO Sajan to once again torture him by hitting his head on the wall and squeezing his genital organs. Vinayak then screamed out, pleading with them not to kill him. The police officers then phoned Vinayak’s father and said that Vinayak and Sharath are accused in a chain snatching case and they have been detained. At around 3:30 p.m., Vinayak’s father, Krishnankutty and his neighbor came to the police station. 

The SI later called them to his room and got furious on seeing Vinayak’s long hair, and teased him mercilessly. The SI then instructed his father that Vinayak should cut his hair immediately and that he can release them on bail only if a case is registered and a fine of Rs.3000 is paid. When they said that they did not have the money, CPO Sreejith stated that Vinayak has to cut hair immediately in the station. The police asked Vinayak’s father to slap him for having long hair and the father replied that he does not hit his children. The police then instructed them to get his hair cut outside and to ensure they are not seen in the Pavaratty police station limits or else they would be immediately arrested 

They were then released on bail. Feeling ashamed, scared and embarrassed due to being tortured, Vinayak and Sharath did not tell anybody about this incident. Due to the pain and the injuries, Vinayak did not leave his house the next day. Vinayak’s uncle on noticing his condition, enquired whether he had been tortured by the police. Vinayak replied in the affirmative and that he could not do anything due to the intense pain. 

The next day, on July 18, Vinayak was found dead, hanging in his room. The post-mortem report confirms the torture 
Additional Information:

The criminal police officers must be booked for abetment to suicide as per S.306 of the Indian Penal Code (IPC), S.307 (Attempt to murder), S.322 (Voluntarily causing grievous hurt) S.348 (Wrongful confinement), S.350 (Using criminal force), S.351 (Assault) and S.357 (Assault to wrongfully confine a person). They have failed to follow due process of law as per S.50 and other provisions of the Code of Criminal Procedure. They must be suspended pending enquiry and interim compensation paid by the Kerala Government to the family members. 

This is a clear case of prejudicial policing and profiling, where a young Dalit boy was tortured and illegally confined for having long hair, thereby fitting the ‘profile’ of a ‘criminal’. The police were probably under pressure for the several chain-snatching incidents in the region and the detaining of and confinement of the boys appear to be their attempt at ‘solving’ the crimes. They are unbothered about whether it is actually the criminals involved. This is a serious lapse of policing, which will further erode relations between the police and the people. 
The State government and the police organization must urgently issue an order that police officers do not commit profiling and prejudicial policing and they must be trained to that effect. 

SUGGESTED ACTION:

Please write letters to the following authorities urging them to take action against the criminal police officers and train the others on legal and humane policing, without prejudice and hatred. The AHRC is writing a separate letter to the UN Special Rapporteur on Torture.

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