Dear Friends,
The Asian Human Rights Commission (AHRC) has received information that Ms. Renuka (name changed to protect victim), a 16-year-old resident of Rupandehi district of Nepal, was reportedly abducted by Binod Yadav, a 25-year-old resident of Asuraina Village Development Committee (VDC)-6, Rupandehi district, on 2 December 2013. Renuka was then trafficked, raped, and sold in India. She escaped from captivity in India and managed to return home after around 3 weeks. The victim has since been trying to register a First Information Report (FIR) against her perpetrator; however, the police are refusing to register the FIR and investigate the case; they are instead acting as mediators.
CASE NARRATIVE:
Renuka (name changed to protect victim), a 16-year-old resident of Rupandehi district, set off from Asuraina VDC to Hatiban VDC, early on the morning of 2 December 2013. She was followed by Binod Yadav, the 25-year-old son of Jhinna (alias Kallu Yadav). Binod approached Renuka when there was no one around and enticed her with promises of a good job, marriage, ornaments, and clothes. Having lured her, Binod proceeded to abduct Renuka.
Asuraina VDC is right by the Indian border. Renuka was trafficked across the border. She was kept locked in a house in Siddhartha Nagar in India for 15 days. Binod allegedly sexually abused her every day before selling her to an unidentified Indian man. She was tortured and sexually abused by this man for two more days, until she managed to escape through the ventilation system and return home.
Renuka is illiterate and legally married; she was married as a child, but has yet to move to her husband’s home.
Renuka’s relatives filed an application before the District Police Office (DPO) Rupandehi on 5 December 2013, demanding investigation into the case, a safe returnof the victim, and legal action against Binod, who they knew by this time was behind Renuka’s abduction. The police called Binod to the police station, but released him the same evening.
Within 5-6 days of her return, Renuka visited the DPO Rupandehi and gave an oral statement against Binod, demanding legal action against him on the charge of human trafficking, abduction, and rape. The victim tried to file an FIR at DPO Rupandehi. However, the police refused to register the FIR saying they had called the alleged perpetrator to discuss the matter. The police said that only if the outside settlement were to fail would they register the FIR and investigate the case.
Binod still walks free without a care in the world. Renuka and her family members feel threatened by the alleged perpetrator. In addition, Binod filed an application at DPO Rupandehi stating that the victim cannot live in the village until she is divorced from her husband or that she should go live in her husband’s home. Based on this application, the police proceeded to arrest Renuka’s uncle (he was the complainant who had filed the 5 December 2013 application against Binod). Renuka’s uncle was released that evening only after the intervention of a human rights organization.
On 20 August 2014, while speaking to lawyers from the same human rights organization, Superintendent of Police Bikram Singh Thapa, who is in charge of DPO Rupandehi, said that the police are still trying to discuss the matter with both sides and if outside settlement fails they will register the FIR and investigate the case.
Renuka and her family have informed the lawyers that they have paid NRs. 50,000 to a civilian mediator just to get the FIR registered. They have been visiting DPO Rupandehi on a daily basis to register an FIR but the police are still reluctant to register the same.
The AHRC urges the government of Nepal to protect the victim and her family members. The government must ensure immediate registration of an FIR, prompt investigation, and prosecution of the perpetrators. The victim should be provided monetary damages. If the police do not immediately register the FIR they too should be investigated and charged with aiding and abetting the crime.
SUGGESTED ACTION:
Please send letters to authorities listed below, expressing concern on the issue. The police should register the FIR and conduct an impartial investigationimmediately. As the victim’s family has been threatened, the government of Nepal should provide security to them.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear …………………,
NEPAL: Police refuse to investigate abduction and rape of teenager
Name of victim:
1) Renuka (named changed to protect the innocent)
Names of alleged perpetrators:
1) BinodYadav, Rupandehi District, Nepal
2) Unidentified Man, possibly an Indian citizen
3) Officers of District Police Office, Rupandehi, Nepal
Date of incident: 2 December 2013 to present
Place of incident: Asuraina Village Development Committee (VDC)-6, Rupandehi District, Nepal
I write with deep concern that Renuka (name changed to protect victim), a 16-year-old resident of Rupandehi district, set off from Asuraina VDC to Hatiban VDC, early on the morning of 2 December 2013. She was followed by Binod Yadav, the 25-year-old son of Jhinna (alias Kallu Yadav). Binod approached Renuka when there was no one around and enticed her with promises of a good job, marriage, ornaments, and clothes. Having lured her, Binod proceeded to abduct Renuka.
Asuraina VDC is right by the Indian border. Renuka was trafficked across the border. She was kept locked in a house in Siddhartha Nagar in India for 15 days. Binod allegedly sexually abused her every day before selling her to an unidentified Indian man. She was tortured and sexually abused by this man for two more days, until she managed to escape through the ventilation system and return home.
Renuka is illiterate and legally married; she was married as a child, but has yet to move to her husband’s home.
I have been informed that Renuka’s relatives filed an application before the District Police Office (DPO) Rupandehi on 5 December 2013, demanding investigation into the case, a safe returnof the victim, and legal action against Binod, who they knew by this time, was behind Renuka’s abduction. The police called Binod to the police station, but released him the same evening.
Within 5-6 days of her return, Renuka visited the DPO Rupandehi and gave an oral statement against Binod, demanding legal action against him on the charge of human trafficking, abduction, and rape. The victim tried to file an FIR at DPO Rupandehi. However, the police refused to register the FIR saying they had called the alleged perpetrator to discuss the matter. The police said that only if the outside settlement were to fail would they register the FIR and investigate the case.
Binod still walks free without a care in the world. Renuka and her family members feel threatened by the alleged perpetrator. In addition, Binod filed an application at DPO Rupandehi stating that the victim cannot live in the village until she is divorced from her husband or that she should go live in her husband’s home. Based on this application, the police proceeded to arrest Renuka’s uncle (he was the complainant who had filed the 5 December 2013 application against Binod). Renuka’s uncle was released that evening only after the intervention of a human rights organization.
On 20 August 2014, while speaking to lawyers from the same human rights organization, Superintendent of Police Bikram Singh Thapa, who is in charge of DPO Rupandehi, said that the police are still trying to discuss the matter with both sides and if outside settlement fails they will register the FIR and investigate the case.
Renuka and her family have informed the lawyers that they have paid NRs. 50,000 to a civilian mediator just to get the FIR registered. They have been visiting DPO Rupandehi on a daily basis to register an FIR but the police are still reluctant to register the same.
Therefore, I urge the government of Nepal to protect the victim and her family members. The government must ensure immediate registration of an FIR, prompt investigation, and prosecution of the perpetrators. The victim should be provided monetary damages. If the police do not immediately register the FIR they too should be investigated and charged with aiding and abetting the crime.
I look forward to your immediate attention in this matter.
Yours Sincerely,
………………..
PLEASE SEND YOUR LETTERS TO:
1. Mr. Sushil Koirala
Prime Minister
Office of the Prime Minister and Council of Ministers of Nepal
Singh Darbar, Kathmandu
P.O. Box: 23312
NEPAL
Tel: +977 1 4211000
Fax: +977 1 4211086
Email: info@opmcm.gov.np
2. Mr. Bamdev Gautam
Home Minister of Nepal
Ministry of Home Affairs
Singh Darbar, Kathmandu
NEPAL
Fax: +977 1 421-1257, 421-1286
Email: gunaso@moha.gov.np
3. Mr. Bed Prasad Bhattarai
Acting Secretary
National Human Rights Commission
Pulchowk, Lalitpur
NEPAL
Fax: +977 1 55 47973
Tel: +977 1 5010015
E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org
4. Mr. Baburam Kunwar
Office of Attorney General
Ramshah Path, Kathmandu
NEPAL
Tel: +977 1 4240210, +977 1 4262548, +977 1 4262394
Fax: +977 1 4262582 / 4218051
Email: info@attorneygeneral.gov.np
5. Mr. Upendra Kant Aryal
Inspector General of Police
Police Head Quarters
Naxal, Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432
Email: phqigs@nepalpolice.gov.np
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
