A case of gang rape and sexual exploitation against Dalit minor girl
INDIA: Caste based discrimination – a distinct case of racial discrimination on the basis of work and descent; right to life & fair trial and justice; abduction, gang-rape and sexual exploitation against Dalit minor girl
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We are shocked to learn that a 16-year-old Dalit girl was abducted, gang-raped and subjected to illegal sexual intercourse for almost two years by numberless people in the Hanuman Garh district of the town of Ganganagar in India.
After this ghastly incident was revealed, the police arrested and charged 15 people, but seven powerful suspects still remain free. Furthermore, the victim and her family members are being harassed and terrorised by their landlord who supports the accused. There is also very little hope of having the accused people punished in this case because of the suspect role of law enforcement agencies, especially the police, and the influence of powerful people.
THE BRIEF DESCRIPTION OF THIS INCIDENT
Km. Bhagwanti (Neetu), the daughter of Sh. Mani Ram of a scheduled caste, the Meghwal caste, was about 14-years-old when she was abducted from the town of Hanuman Garh by Rohitash and Krishan Godara. She was allegedly raped by the two men at their home. Afterwards, Bhagwanti was given to 70 or more men for sex during approximately a two-year period. She tried to escape but was stopped by a person named Ms. Vimla, who was known for supplying girls to influential and rich people in the area. She soon began to supply Bhagwanti to other men in the area. This illegal activity continued until Bhagwanti was successfully able to escape.
On Oct. 18, 2001, Master Jasvihder, a social worker in Hanuman Garh, reported the incident to the Hanuman Garh police. Bhagwanti was then examined and provided the names of more than 70 people in her first information report (FIR) statements during the investigation process. However, the police only identified 22 people as the main suspects and arrested just 15 of them, including Ms. Vimla, on Oct. 19 and 25, 2001. Seven main suspects who are powerful, upper caste people in the area though were excluded. Moreover, the police have tried to weaken the case by destroying the evidence because of pressure from influential people.
Meanwhile, the girl and her parents were kept in the custody of those who were directly and indirectly involved in the crime. The police have said that the girl was a minor and, because of her age, she was handed over to her parents in the presence of their landlord in their village of Gehlol Nagar. For a while, the girl and her parents had not been seen in the village, and their whereabouts were unknown. Fortunately, as a result of constant pressure from many Dalit human rights organisations, the victim and her parents have been rehabilitated. However, they are still being harassed and terrorised by her family¡¯s landlord and other influential people.
The charge sheet of this incident was filed in the local court on Jan. 25, 2002, against only 15 suspects without mentioning seven powerful suspects, including Shakti Punia and Suresh Adovocate. Moreover, the investigation officer, Mr. Jagdhish Chander Bishnoi, has been removed from the case, but he is still influencing the police not to arrest the remaining seven main suspects who are believed to be from his caste.
From the above facts, it is clear that the role of the police in this case, especially during the course of the investigation and thereafter, is not competent nor adequate in securing justice and in protecting the girl¡¯s interests and security against those who have been accused in the case. On the contrary, the police are said to have safeguarded and protected the interests of the accused people by destroying the evidence.
SUGGESTED ACTION
Please write urgently to the president, chief minister and chairperson of the National Human Rights Commission (NHRC) of India to urge them, firstly, to provide security to the victim and her family and to arrest the remaining powerful suspects and to try them in a court of law. In addition, please urge them to look into the alleged partial, biased and illegal role and involvement of Mr. Jagdish Chander Bishnoi, the inquiry officer in the case, during the investigation and thereafter and the reported nexus between him and the suspects and to proceed with a case against him if evidence so warrants.
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SAMPLE LETTER
Dear
Re: A case of gang rape and sexual exploitation against Dalit minor girl
I have been shocked to hear that a 16-year-old Dalit girl was abducted, gang-raped and subjected to illegal sexual intercourse for almost two years by a large number of people in the Hanuman Garh District of Ganganagar, India.
A poor Dalit girl, Km. Bhagwanti (Neetu), was only 14 years old when she was allegedly abducted and raped by two men, Rohitash and Krishan Godara, and later handed over to 70 or more men who raped her for a period of approximately two years. After the incident was reported by Master Jasvihder, a social worker in Hunuman Garh on Oct. 18 2001, it has been confirmed by the medical board that the girl was raped. On Oct. 19 and 25, 2001, the local police arrested 15 suspects of this ghastly crime. However, the police have been reluctant to arrest the remaining rapists because they belong to a dominant and powerful caste. In addition, the police have tried to weaken the case by destroying evidence due to pressure from influential people in the area.
Even more seriously, the girl and her parents were kept in the custody of those who were directly and indirectly involved in the crime. For a period of time, they had not been seen in the village, and their whereabouts were unknown. Fortunately, as a result of constant pressure from many Dalit human rights organisations, the victim and her parents have been rehabilitated in her native village of Gehlol Nagar, but they are still being harassed and terrorised by the family¡¯s landlord and other influential people.
I am strongly urging you to take the following actions immediately in order to protect justice and human rights:
1) Provide security to the victim and her family by giving an assurance that her case is now being re-examined and that they will be provided adequate protection;
2) Arrest the remaining powerful seven suspects and try them in a court of law outside of the Hanumangarh district since the work of the prosecution may be hampered as the accused people are so powerful and influential in the area that the victim and her witnesses may not be able to speak freely and fairly in a court of law;
3) Look into the alleged partial, biased and illegal role and involvement of the investigation officer in this case, Mr. Jagdhish Chander Bishnoi, during the investigation and thereafter and punish him if you find he has engaged in illegal activities; and
4) Provide psychological counselling and treatment to the victim and statutory compensation to her and her family.
Thank you for your immediate attention to this tragic incident.
Sincerely yours,
SEND FAXES AND EMAILS TO:
1. Shri K.R. Narayanan
H.E. President of India
Office of the President
Rashtrapati Bhawan
New Delhi, 110004
INDIA
Email: Pressecy@Sansad.nic.in
Fax: +9111 3017290
2. Shri Ashok Gehlot
Chief Minister of Rajasthan
8, Civil Lines,
Jaipur, Rajasthan,
INDIA
Tel: +91 141 380351
Fax: +91141 381687
3. Mr. Justice J.S. Verma
Chairperson of the National Human Rights Commission
Sardar Patel Bhavan,
Sansad Marg, New Delhi-110 001
INDIA
Fax: +91 11 3340016, 3366537
E-mail: nhrc_del@x400.nicgw.nic.in or nhrc@ren.nic.in
SEND COPIES TO:
1. Shri Dilip Singh Bhuria
Chairperson of the National Commission for Scheduled Castes and
Scheduled Tribes
Floor 5, Lok Nayak Bhavan,
Khan Market, New Delhi-110003.
INDIA
Tel: +91 11 4623959, 678632
Fax: +91 11 4625378
Also send copies to: cdhr@indiatimes.com