INDIA: Mentally disabled boy lynched to death by a mob for stealing a biscuit in Bardaman District, West Bengal 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its local partner, Manabadhikar Suraksha Mancha (Masum), detailing the death of Subhankar Mondal, a mentally disabled boy aged 14, for stealing a biscuit. It is alleged that Subhankar, while wandering around the Tinkonia bus stand on 12 April 2006, became hungry and so took a biscuit from a nearby tea shop. The incident provoked the tea shop owner who, along with onlookers, chased and then beat the boy to death. It is alleged that the local police have failed to take any action in the case. It is reported that inspite of repeated attempts by the family of the diseased boy the local police have refused to register a case against those who were identified to be members of the mob which killed the boy.

Subhankar Mondal, who was left unattended at the Tinkonia bus stand and later declared dead, was originally from Kumirkula village within the jurisdiction of Khandogosh police station in Bardhaman district of West Bengal. Subhankar was mentally disabled and he had a habit of snatching food articles from wherever available when he was hungry. Everyone in his village was aware of this habit and tolerated it owing to Subhankar’s mental condition.

A few days before his death Subhankar had run away from his home and had gone to Tinkonia. On April 12 Subhankar, while he was at the bus stand, snatched a biscuit from a tea shop and the tea shop owner responded by chasing him. Within a few minutes the tea shop owner was joined by a mob, consisting mostly of other onlookers who were also present at the bus stand at the time. Upon seeing the angry mob, Subhankar took refuge inside a garage. The garage owner, however, chased Subhankar towards the mob which had gathered in front of the garage. Soon the mob started beating Subhankar and continued to do so for about half hour. Finally the mob dispersed leaving Subhankar on the ground bleeding and terribly injured. Many people who witnessed the incident did not try to prevent the attack, nor did anyone help Subhankar while he was lying on the floor bleeding from the injuries inflicted on him.

Half an hour after the incident, the matter was informed to the local police. Meanwhile, the conductor of a bus from Subhankar’s village, Mr. Kashinath Majhi identified Subhankar and informed the incident to Subhankar’s family. Finding that Subhankar had already died the local police took Subhankar’s body for an autopsy to be held at Bardhaman Medical College & Hospital.

Subhankar’s father Mr. Haradhan approached his local police station at Khandogosh to file a complaint into the incident and to register a case of murder against those responsible for his son’s tragic death. However, the Officer in Charge of Khandogosh police station Mr. Md. Babar Ali refused to accept the complaint on the pretext that the incident had happened outside of his jurisdiction at Tinkonia. The officer instructed Haradhan to approach Bardhaman police instead.

Coming to know about the incident MASUM contacted Mr. Md. Babar Ali and inquired why he did not register the case in absence of any specific legislative prohibition him from doing so. However, the officer gave the same reply as he did to Subhankar’s father saying that he did not want to register the case due to the jurisdiction factor. Immediately MASUM contacted Bardhaman police station only to discover that the case was not registered as one of murder, but of unnatural death. MASUM also learnt that the Bardhaman police, who arrived at the spot on April 12 soon after the attack on Subhankar, did not question any eyewitnesses about the incident.

This incident is yet another example whereby mass hysteria lead to the lynching of an innocent person, and even murder. This behaviour is occurring in the face of a failed justice administration system in India. The AHRC has in the past reported on various cases which are glaring examples of how the justice dispensation system in India has failed to deliver results within a reasonable time and in a justiciable manner. The justice system in India is known for its ineptitude and inexcusable delay in dealing with cases. The prosecution mechanism has failed to such an extent that the victims of abuses and violations face no chance of a fair trial in courts since most prosecutors within the country are appointed not because of their merits but because of their allegiance to various political parties which have control over the appointment of prosecutors. The policing system in India has also failed, with police officers being referred to as criminals in uniform.

This failure in India has led to ordinary people resorting to instant and crude justice, in which often innocent persons pay the price. The very fact that in this case the police have not taken any action against those who murdered Subhankar is yet another glaring indicator to the failure of the justice system in India.

SUGGESTED ACTION:

Please send a letter to the relevant authorities seeking for an immediate and effective investigation into the death of Subhankar, and calling for the perpetrators to be prosecuted. The AHRC also calls for a strong stance to be taken by police in regards to the investigation and prosecution of cases. The AHRC also calls for immediate steps to be put in place to expedite the judicial process in India.