INDIA: Limited progress shown in pursuing the perpetrators who beat a man to death in Howrah, West Bengal 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from our local partner organization Manabadhikar Suraksha Mancha (Masum) in West Bengal, India, that a man, Tarun Hati, was beaten to death by the husband and relatives of a woman, Nirupama Hazra, whom he was believed to be having an illicit relationship with in Howrah, West Bengal on 30 September 2005.

It was reported that Hati and Hazra’s alleged illicit affair may have been going for some time. But Hazra instead denied having the relationship with Hati and fabricated a complaint against him claiming that she was raped. Although the investigating officer refuted Hazra’s claims, which eventually led to the arrest of four perpetrators in connection with Hati’s death, the case is showing little progress in court. The family of the dead has also not been indemnified.

This is yet another incident of lynching in West Bengal, in which people who are suspected to have committed an offense were killed. They were killed by disgruntled persons who took the law into their own hands, which grossly denied and violated the victims’ right to a fair trial. Although the government is aware of this alarming situation, little has been done to stop this practice, prosecute the alleged perpetrators and to prevent similar incidents from ocurring.

We urge your immediate intervention by writing letters to the government of West Bengal, India asking them that the family of the dead be indemnified accordingly. It must also ensure that the local court will take appropriate steps on the victim’s case. The government must also initiate steps to stop and prevent similar further incidents from occurring.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: Tarun Hati of Bally, Howrah, West Bengal, India.
Alleged perpetrators: Bhanu Hazra, Bhanu Hazra, Kanai and Gautam, brothers of Bhanu and others.
Date and place of the incident: 30 September 2005 at the house of Nirupama and Bhanu Hazra

Case details:

On 30 September 2005, Tarun Hati was caught in a compromising situation with a woman, Nirupama Hazra. Hazra’s husband, Bhanu Hazra was at the time together with his brothers Kanai and Gautam and their neighbours when they came across the couple and proceeded to beat Tarun with extreme force. Tarun was taken and admitted to the T.L. Jaiswal Hospital, Lilluah, Howrah but he later died as a result of his injuries.

Tarun’s wife, Jharna, lodged a complaint with the Bally police station vide Bally P.S case no. 243 dated 30 September 2005 Under Sections 304/34 of the Indian Penal Code against all the perpetrators. Four have been arrested as confirmed by Mr. Niranjan Dasgupta, Sub Inspector, Bally P.S. who is also the Investigating Officer (I.O) of the case.

Later, Nirupama filed a complaint to Bally P. S. vides Bally PS case no. 244 dated 30 September 2005 under section 376 IPC that Tarun had entered the house silently, hid under the cot in her bedroom, and when she entered the room he covered her mouth with both the hands and committed rape against her. She could not therefore shout to alarm her family members.

Many witnesses have claimed however, that Taurn and Nirupama had been involved in a proper and consenting relationship and that Nirupama had gifted trousers and shirts to Tarun for the Durga Puja festival.

Although four of the alleged perpetrators have been charged and arrested, the family of the dead, in particular the victim’s wife, Jharna, has yet to receive appropriate indemnification. Furthermore, although the case has been filed in court, it has shown little progress in prosecuting the alleged perpetrators

With the victim no longer alive to defend the charge of rape against him, his guilt or innocence will never be proved. The perpetrators in Tarun’s case took that right away from him when they decided to take the law into their own hands and beat the man to death. This decision demonstrates the little faith people have in the rule of law in the country.

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