INDIA: Misuse of power by the police; threat and intimidation; collapse of rule of law; police’s collaboration with the culprits; human trafficking; corruption
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Dear friends,
The Asian Human Rights Commission (AHRC) has learned through its local partner MASUM about the alleged case of kidnapping of a 14 year-old girl from Jotkanai village by a criminal syndicate in the Murshidabad district of West Bengal, India on 26 August 2006. It is suspected that the girl was kidnapped for human trafficking. It also appears that the local police is helping the criminals and failing to prevent the crime since they have consistently breached the law in order to ensure that the case is not investigated and that the alleged perpetrators remain at liberty.
On 26 August 2006, Lovely Khatun, who is the daughter of a marginal peasant named Jilal Mondal, was allegedly abducted by two men named Tiarul Islam and Sahidul Islam. Both men were purportedly working in collusion with four other persons from Murshidabad district named Surat Saikh, Monjura Bibi, Mafikul Islam and Majar Saikh.
When the father found that his daughter was missing, he immediately went to lodge a complaint at the Domkal Police Station. Although Jilal learned that his daughter had been abducted for the purpose of trafficking, the police did not let him file a complaint regarding kidnapping. Rather, the Officer-in-charge manipulated the father’s complaint into a missing person’s report (Missing Diary number: 1669, dated 27/08/2006).
When the father protested that he be allowed to file a kidnapping case, the police refused to accept the information and threatened Jilal with dire consequences, should he continue to pursue the issue further. The police then verbally abused the father and informed him that the persons whom he named are of good character and refused to register a crime against them and to investigate the case as a case of kidnapping. When he persisted, he was detained for several hours in the police station and threatened that a crime would be registered against him.
Since the original complaint, Jilal has lodged two other complaints at the same police station to find ways to recover his missing child. The additional complaints by Jilal were submitted at the Domkal police station on October 5 and 10 October 2006. He has also lodged a complaint with the Sub Divisional Police Officer Mr. Snehasis Dirghangi. In spite of all this the Domkal police has only registered a crime of man missing that too after forcing Jilal to pay 500 Rupees [USD 11] as bribe to an officer at the Domkal police station.
Jilal has also informed the Superintendent of Police and District Magistrate of Murshidabad about the police inaction and of the ill treatment he received. However, no action has been taken. As a consequence, Jilal is now living in fear that his actions in seeking justice will bring about the dire repercussions promised to him by the police. He believes that an attack on his family or property could befall him any day. Jilal is concerned whether his daughter might have fallen a victim of child trafficking, an unabatedly flourishing trade in the border districts in India. Jilal suspects that the abductors and their aides are with a history of being involved in child and women trafficking in the district.
The AHRC deplores this situation and calls your attention to the grave concerns regarding this case. This is a case which shows glaring signs of police corruption that is left unchecked in India. The facts of the case as detailed above shows that the police while on one hand help the criminals to get away with their crime, on the other threatens anyone who wish to lodge a complaint against them. The case also depicts the way in which the police manage to manipulate case records.
It is apparent that the father of the missing girl might have approached the police with specific allegation regarding the abduction of his daughter. In this case in addition to the knowledge that his daughter was abducted, he was able to name the possible criminals involved in the case. But the police failed to register a complaint as provided by the father, but manipulated his version to register the case as that of man missing. It is important to note here that had the police recorded the complaint as narrated by the father, according to law, would make out a case of kidnapping which is a serious crime in India. If the police registered a case of man missing, it is apparent that they have manipulated the statement provided by Jilal. Such manipulation even though is initially intended to prevent the alleged accused from being arrested and probably give them time to escape, has far reaching effects.
Assuming that at a later stage the case if finally gets registered against the real criminals involved in this case, and when the case later come up before a court of law for trail, the flaws in recording the complaint will badly affect the prosecution case, particularly given the fact that the first statement regarding this case was given by the father. Any contradiction in his statement that appears in the police report and what he later narrates in court will only help the accused to get away free. It is these aspects of policing that the government of India must be concerned about to improve the state of policing in India.
Time and again the government of India has expressed its concern of the increasing number of acquittals in criminal trials within the country. The reason attributed to this by the government is that since the law of evidence mandates strict proof and since the constitution and procedural laws guarantee presumption of innocence, it is difficult to prove any case against an accused, thereby the criminals getting an easy walk over in criminal cases. To put an end to this the government and various commissions appointed by the government has suggested the reduction in the burden of proof and at least partial removal of the right of an accused to be presumed innocent in a criminal trail. However, as evident from this case, the issues that lead to an acquittal of a real culprit starts at the police station, where the police manipulate the statements given by witnesses or complainants indiscriminately, mostly to facilitate an escape for a criminal during the early stages of investigation. The situation worsens when coupled with a faulty prosecution system where prosecutors appointed by the government fail to meet the basic minimum professional standard and are also known to be equally corrupt as their counterparts in the police.
The AHRC urges you to intervene in this case and pressure the government of India and the state government authorities in West Bengal to make sure that the girl is rescued immediately from the custody of her abductors. Appropriate actions also must be taken to investigate into the conduct of the police officers at the Domkal police station and action taken against them if they are found to be in wilful misconduct.
SUGGESTED ACTION:
Please write to the relevant authorities listed below and demand their immediate intervention into the aforementioned incidents. Please urge them to condemn this act and take the appropriate measures to ensure the rescue of the abducted girl and that an independent investigation is conducted on the alleged perpetrators.
The AHRC has written separate letters to the concerned agencies within the United Nations including the office of the office of the (1) Mr. Juan Miguel Petit, The UN Special Rapporteur on the sale of children, child prostitution and child pornography (2) Ms. Sigma HUDA, The UN Special Rapporteur on trafficking in persons, especially in women and children (3) Ms. Yakin Erturk, The UN Special Rapporteur on violence against women, its causes and consequences (4) The Head of UNICEF Filed Office in Kolkata and (5) Ms. Ann M. Veneman, Executive Director of the UNICEF expressing concern over this case and calling for an urgent intervention in this case.
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SAMPLE LETTER
Dear __________,
INDIA: 14 year-old girl allegedly kidnapped and trafficked by state protected gangsters
Name of the victim: Lovely Khatun, daughter of Mr. Jilal Mondal, aged 14 years, Jotkanai village, Murshidabad District, West Bengal, India
Alleged perpetrators:
(1) Mr. Tiarul Islam son of Surat Saikh, Jotkanai village, Par Raghunathpur post, Murshidabad district, West Bengal
(2) Mr. Sahidul Islam, son of Akimuddin Mondal, Par Raghunathpur post, Murshidabad district
Alleged co-conspirators:
(1) Mr. Surat Saikh, son of Khairuddin, Par Raghunathpur post, Murshidabad district
(2) Mrs Monjura Bibi, wife of Mafikul Islam, Par Raghunathpur post, Murshidabad district
(3) Mr. Majar Saikh, son of Islam Saikh, Par Raghunathpur post, Murshidabad district
(4) Mr. Majar Saikh, son of Abdul Bari, Tulsipur village, Murshidabad district,
Officials appeared to help the alleged perpetrators:
(5) Mr. Premashish Chattaraj, Officer in-charge, Domkal police station, Murshidabad district
(6) Mr. Khudiram, Sub-Inspector, Domkal police station, Murshidabad district
(7) Mr. Shaukat Saikh, Sub-Inspector, Domkal police station, Murshidabad district
(8) Mr. Snehasis Dirghangi, Sub Divisional Police Officer, Domkal, Murshidabad district
(9) The District Magistrate, Murshidabad district
(10) The Superintendent of Police, Murshidabad district
Place of incident: Jotkanai Village, Par Raghunathpur post office, Domkal police station, Murshidabad district, West Bengal, India
Date of incident: 26 August 2006
I am writing to express my concern over the alleged abduction of a 14 year-old girl from Jotkanai village by a criminal syndicate in the Murshidabad district of West Bengal on 26 August 2006. I am informed that the father of the abducted minor girl, Mr. Jilal Mondal, who tried to lodge a complaint of abduction at the Domkal police station was ill-treated by the police officers and finally the police, registered a case of man missing, that too after forcing Jilal to pay a sum of Rs. 500 as bribe. According to the information I have received, on 26 August 2006, Lovely Khatun, Jilal’s daughter was allegedly abducted by two men named Tiarul Islam and Sahidul Islam. Both men were purportedly working in collusion with four other persons from Murshidabad district named Surat Saikh, Monjura Bibi, Mafikul Islam and Majar Saikh.
I am also informed that the police officers are insisting that the alleged abductors named by Jilal are persons of good character in spite of the fact that Jilal had named them as the abductors of his daughter. It is alleged that the police has thus far not registered any case against those who are named by the father of the minor girl, but is dragging their feet after registering a case of man missing, instead of a crime of abduction.
I am aware that under the Criminal Procedure Code of India, the police must register all complaints exactly as narrated by the complainant at the police station and a copy must be served to the complainant. However, I am surprised to know that in this case thus far the attempt of the police is to register their version of the complaint than what the father of the abducted girl had to say. The complaint lodged by Jilal is currently registered as Missing Diary number 1669, dated 27/08/2006. From the alleged suspicious conduct of the police officers I have a reasonable suspicion that the police officials are conniving with the alleged abductors to protect them from any criminal action.
The possibility that the police officers are conniving with the abductors is further fortified from the allegation made by Jilal that when he insisted that a criminal case be lodged against the persons whom he think has abducted his daughter, the police refused to accept the information and threatened Jilal with dire consequences, should he continue to pursue the issue further. It is also alleged that the police then verbally abused him. Jilal was then detained for several hours in the police station in order to show the seriousness of the police officers’ threats.
I have learned that since the original complaint, Jilal has lodged at least two other complaints at the same police station in an attempt to recover his daughter. Jilal has filed a complaint with the Domkal police station against the alleged offenders on the October 5 and the 10 October 2006, and has also informed the matter to the Sub Divisional Police Officer Mr. Snehasis Dirghangi.
I am aware that Jilal has also informed the Superintendent of Police and District Magistrate of Murshidabad, about the police inaction and of the ill treatment he received at the station. However, no action has been taken. As a consequence, Jilal is now living in fear that his actions in seeking justice will bring about the dire repercussions promised to him by the police. He believes that an attack on his family or property could befall him any day. I am also informed that the girl might have been subjected to child trafficking. I am informed that the alleged perpetrators named 1 to 6 above are those with a history of involving in child trafficking.
I would like to call your attention to three grave concerns that I have regarding this case. (1) The Domkal police have breached the law in failing to file a kidnapping case at the request of the father. According to Sections 359 and Section 366 of the Indian Penal Code, kidnapping a minor and that too for suspected abuse of the minor is serious crime. (2) According to the Criminal Procedure Code of India, if the police receive a complaint regarding an offence serious in nature like kidnapping, the police must immediately register a case. In this case, the police was even informed the detailed address of the alleged suspects. However, for the reasons best known to the police, which appear to me as a case of bribery and corruption the police has thus far failed to take any action in this regard. (3) While his daughter is still missing, the father is running between different police stations and even to get his complaint registered, though as a man missing case he was made to pay money, which is illegal and a crime in India.
I strongly urge you to commission an independent investigation into this matter in order to secure the young girl’s freedom, arrest those responsible, as well as examine the Domkal police and the district magistrate for their absolute negligence in helping this victim of human trafficking.
I am also informed that the Asian Human Rights Commission based in Hong Kong has written separate letters to the concerned agencies within the United Nations including the office of the office of the (1) Mr. Juan Miguel Petit, The UN Special Rapporteur on the sale of children, child prostitution and child pornography (2) Ms. Sigma HUDA, The UN Special Rapporteur on trafficking in persons, especially in women and children (3) Ms. Yakin Erturk, The UN Special Rapporteur on violence against women, its causes and consequences (4) The Head of UNICEF Filed Office in Kolkata and (5) Ms. Ann M. Veneman, Executive Director of the UNICEF calling for an urgent intervention into this case.
I look forward to hearing about your action on this urgent matter.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Dr. A. P. J. Abdul Kalam
President of India
Rashtrapati Bhawan,
New Delhi
INDIA
Fax: 91 11 23017290
Email: pressecy@alpha.nic.in
2. Mr. Manmohan Singh
Prime Minister of India
Prime Minister’s Office
Room number 152, South Block
New Delhi
INDIA
Fax: +91 11 23016857
Email: pmosb@pmo.nic.in
3. Mr. Buddhadeb Bhattacharjee
Chief Minister/ Minister of Home Department
Government of West Bengal
Writer’s Building
Kolkata – 700 001
West Bengal
INDIA
Fax: +91 33 2214 5480/ 2214 1341
4. Justice A. S. Anand
Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi -110001
INDIA
Tel: +91 11 23074448
Fax: +91 11 2334 0016
E-mail: chairnhrc@nic.in
5. Chief Secretary
Government of West Bengal
Writers’ Buildings, Kolkata – 700001
West Bengal
INDIA
Fax: +91 33 22144328
6. Home Secretary
Government of West Bengal
Writers’ Buildings, Kolkata – 700001
West Bengal
INDIA
Fax: +91 33 22143001
Email: sechome@wb.gov.in
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
