NEPAL: Teacher assaulted a young boy and then school shuns responsibility 

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you of the assault of a young boy in Nepal by his school teacher, who then, along with his colleagues, threatened the boy, his sister and his mother for legally pursuing the matter. Rajesh Udas, a 13-year-old student at Moon Light Higher Secondary School, was severally beaten around the head by his school teacher Mukunda Shahi on 31 December 2004. When the mother approached the school the next day to get an explanation as to why her son had been assaulted, the same teacher then threatened her. When she spoke to the Principal regarding this matter, he informed her that the teacher would not face any disciplinary action but that the school would award NRs. 500/  (about US$ 7) as compensation for her son’s medical costs. Seemingly helpless, the mother then contacted a local human rights organisation, seeking their intervention. The organisation contacted police and was assured that the culprit would be arrested.

To date, however, no appropriate action has been taken with the police refusing to proceed with the case saying that there is no legal basis for criminal charges. This is despite physical evidence to the contrary. Though the case was reported to the public prosecutor, who in turn has promised to put the issue before the coordination committee, the teacher remains free and unpunished for his crimes. Your urgent action is required to correct this matter.

Urgent Appeals Desk
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victim: Rajesh Udas, 13-year-old student of grade six in Moon Light Higher Secondary School at Chabahil, Mitraparrk
Alleged perpetrators: 1) School teacher Mukunda Shahi, 2) Principal Mr Karna Shahi, 3) Vice President of the School Sarada Shahi
Police involved: Gaushala Ward Police Station and Hanumandhoka District Police Office
Date of incident: 31 December 2004

Case details:

On 31 December 2004, Rajesh Udas, a 13-year-old student of grade six in Moon Light Higher Secondary School at Chabahil, Mitraparrk was assaulted by his teacher, Mukunda Shahi. The teacher assaulted Rajesh when he questioned an assignment mark he had received. The teacher accused Rajesh of disrespecting him and proceeded to slap and punch Rajesh around the head in front of the entire class. In an attempt to defend himself, Rajesh raised his hand towards the teacher, who then dragged him to the principal’s office saying that Rajesh had tried to assault him.

After taking Rajesh to the principal’s office, the teacher locked the door behind him and began to assault Rajesh again. The assault to the head lasted for about half an hour and resulted in bleeding to Rajesh’s nose and feelings of dizziness and lack of breath. After this ordeal, the vice-president of the school, Sarad Shahi (also the principal’s wife), made Rajesh stand in the school premises for the entire day without letting him eat or use the toilets. When Rajesh’s sister, Anju (a grade eight student at the school) asked the teacher why her brother was being humiliated in this way, the teacher threatened her and warned her of the same fate.

When Rajesh and Anju returned home after school that day, they informed their mother of the situation. She immediately contacted the school by phone, but the principal expressed his ignorance of the situation and told her that the school could not be responsible for such an incident. When Rajesh’s uncle, Raj Kumar, also contacted the school, he was warned that his nephew would be expelled from the school and that he would not receive entry to another school, if he pursued this case.

The next day, the mother went to the school to confront the teacher. However, when she approached the teacher, the teacher also threatened her with violence, and the matter was only settled when the principal intervened. The mother then met privately with the principal who informed her that the teacher would not face disciplinary action over his assault of Rajesh, however the boy would be awarded Nrs. 500/ (about US$ 7) as compensation for his medical costs. Seemingly with little alternative, the mother took the money and left the school.

Rajesh’s physical condition began to worsen. He had bruises over his face and complained of not being able to see out of one eye. The family took Rajesh to the Kanti Child Hospital who then referred him on to the Teaching Hospital for further treatment.

On 5 January 2005, the case was reported to a local human rights organisation. The organisation immediately filed an application at the Gaushala Ward Police Station so as to proceed with criminal charges. In the meantime, the organisation initiated medical treatment for Rajesh.

The organisation regularly contacted the police station regarding the case with the police assuring them that they would arrest the culprit who had been absconding since the incident. Not until 29 January 2005 was the teacher arrested and taken to Gaushala Ward Police Station. However, while the teacher waited in custody, Mr Karna Shahi, the principal of the school (also President of N-PABSON), threatened the police and the boy. The dispute intensified and when the Ward Police Station failed to settle the case, they were sent to the District Office, Hanumandhoka.

The following day the teacher was released. The principal then called Anju and threatened her that if her mother proceeded with the case against him and the teacher, then her mother would deeply regret her actions. He said that he was keeping quiet but if he were to use his channels, her mother would get nowhere. The vice-principal then added: “Your mother speaks a lot. If she continues to act like this and proceeds with the case against us to defame our school, then we will also expel you from school and will not let you enter the school premises”.

Despite the threats and humiliation, Anju attempted to return to school. However, the next day as she approached her school gate, the vice-principal did not allow her to continue saying, “your mother has acted too smart, she has hired a lawyer and filed suit against our school in the court and how dare you come to our school”? When the vice-principal did not allow Anju to enter the school gate, she phoned her mother and told her everything. The mother told her to return home immediately, which she did.

Two weeks ago, the principal’s son-in-law, Jhuck Bahadur Shahi (ASI at DPR, Hanumandhoka) went to the place where the mother works as a domestic helper. When the owner of the home answered the door, Mr Shahi said he wished to see the mother because he had come there to “knock her out”. Mr Shahi then said to the homeowner: “I don’t care even if she is a woman. I have come to finish her, she has been acting smart, I will not spare her and I don’t care even if I have to wash my hands with my job of this”.

In the meantime, the police refused to proceed with the case stating that there was no legal basis for criminal charges to be laid, despite medical evidence of physical assault to Rajesh. The case was then reported to the public prosecutor (PP). The PP assured the victim and his family that he would discuss the matter upon the appointment of the Attorney General (AG), who had not been appointed at that stage. Though the AG has now been appointed, and the PP has given his word to the human rights organisation assisting Rajesh that he would put the issue before the co-ordination committee, no concrete action has been taken to bring the teacher or the school principal to justice.

Meanwhile, the issue of the Rajesh and Anju’s right to education is still at issue. Both were refused entry to their former school and their scholarships withdrawn. Though this was reported to the national human rights commission and the district education office as well, no action was taken.

Two lawyers from the human rights organisation paid a visit to the school to establish exactly what had happened. Upon reaching there, the lawyers met with the wife of the principal and the teacher. The teacher confessed to beating Rajesh, yet there was no sign of wrong doing. He said that an agreement was reached between him and Rajesh’s mother for the cost of medical treatment, which he alleges, came to Rs. 7,000/ (about US$ 101). He claimed that he could produce the bills of the medical expenses he incurred.

Likewise, Mrs Shahi also acknowledged the beating of the boy. She defended the teacher saying it was Rajesh who first attempted to beat the teacher, which prompted him to retaliate. As regards the restriction of Anju in returning to school, the school authorities said that this was because Anju did not abide by the rules and regulations of the school. She missed the terminal exam without any valid and agreeable grounds as per the school’s testimony. Four other students, however, were also absent in the terminal exams, yet no action was taken against them.

On contacting the principal regarding these points, the lawyers were met with contempt. The principal said the game was over for Anju who is supposed to sit the board exam shortly. He even admitted that he can misappropriate his representation of N-PABSON to stop Rajesh and Anju from studying in any private school in Nepal if he so desires. According to him, Rajesh and Anju were both studying at the school on scholarship and he is therefore not bound by anything. Rajesh, however, has since been admitted to an EPS School where he has received a scholarship up to class 10.

On 2 March 2005, intervention was sought on the matter of Anju’s board exam. The principal, however, could not be contacted but his wife attributed the fees due as a major cause for restraining Anju from sitting her exam. The police told the mother to clear all dues owed before they could pressure the school to have Anju sit her exam. As to whether or not Anju will be allowed to sit her exam, still remains unclear.

It is important to note that the Supreme Court of Nepal has only recently prohibited any form of beating on school children. However, such practice is common and the means for seeking justice for this are few.

SUGGESTED ACTION:
Please send a letter, fax or email to the Inspector General of Police in Nepal and express your concern about this matter.

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