*Copy of Letter Addressed to the Delhi Chief Minister* *Rape of a Disabled Girl*
* * * * August 22, 2013 * * *Smt. Sheila Dikshit * *Chief Minister* *Government of Delhi* *Dear Dikshitji*, It is with great pain and anguish that we are writing this letter to you. It concerns the rape of an eleven year old girl with developmental disabilities, a resident of Samta Vihar, Mukundpur of Jahangirpuri, North Delhi, on August 14, 2013. After we learnt of the incident from some newspapers of August 15, one of which had the headline -- *“**Hearing-impaired girl raped; neighbour arrested”* -- a team of activists visited the Bhalswa Dairy Police station as also the family of the victim on August 17. Though the concerned Investigating Officer tried to the best of her knowledge to use specific provisions of the Criminal Law Amendment Act 2013 as also the Protection of Children from Sexual Offences Act 2012, the process to get justice for victim, we apprehend, may be hampered. The lady officer did bring in a “sign language expert” to try and communicate with the girl. There is a very common misconception that a person who cannot speak is also deaf. What we learnt after talking to the victim’s parents was that though the girl cannot speak due to some neurological disorder, she was not deaf and has no knowledge of sign language either. So the exercise of bringing in a sign language interpreter to assist was futile. A special educator could have helped. We also understand that the statement of the victim was not recorded at her residence but at the Police Station, which militates against the CLAA 2013 which clearly specifies that statements of disabled victims should be recorded by the “police officer, at the residence of the person seeking to report such offence or at a convenient place of such person’s choice, in the presence of an interpreter or a special educator, as the case may be”. Also that “the recording of such information shall be videographed; and * *the police officer shall get the statement of the person recorded by a Judicial Magistrate under clause *(0) *of sub-section *(SA) *of section 164 as soon as possible”. The intent here is not to find fault with the I/O but point out the general lack of awareness among the police force about these new provisions in their entirety. The neighbourhood school which the girl attends along with her sister is not equipped to teach such children. We were told by the parents that there is no special educator in the school, which is mandatory under the *Sarva Shiksha Abhiyan*. Consequently, this young girl is being deprived of education in her formative years. According to her parents, she is learning “nothing” at school. We were also informed by her parents that she is being treated for epilepsy at the Indian Institute of Human Behaviour and Allied Sciences. However, despite having disabilities which are obvious, doctors at the IHBAS discouraged the parents from procuring a disability certificate saying that she is “under treatment”. While treatment for epilepsy is essential, it should in no way be an alibi for denying a disability certificate. This is inexcusable from an institute which has the Minister for Health, Government of Delhi as its President and Chief Secretary, Government of Delhi as the Chairman of the Executive Council. You will appreciate that coming from a family that resides in an area where slum dwellers have been rehabilitated, deprival of rights like proper education or even a disability certificate will come in the way of the victim seeking and getting justice. In the light of the above, we put forward the following for your consideration: 1. A proper and thorough investigation has to be conducted in the case so that the accused does not get away with the “benefit of doubt” in the court. 2. Initiate measures to ensure that victim girl gets proper education. 3. Ensure that her disability certificate is issued immediately. 4. Adequate compensation should be provided. 5. Specific issues concerning girls and women with disabilities as also of the new provisions in the law should be included in the sensitization programmes of the police force. The team that visited the police station and the family comprised of Muralidharan from the National Platform for the Rights of the Disabled, Shampa Sengupta from the Sruti Disabilty Rights Centre and Pradeep Raj and Sonu Bhola from the Association for Disabled People. We hope you will initiate immediate action on the above, as also take any additional measures that you may deem necessary. With regards, Yours sincerely *(Muralidharan)* *Assistant Convener* *9868768543* Register at the dedicated AccessIndia list for discussing accessibility of mobile phones / Tabs on: http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in Search for old postings at: http://www.mail-archive.com/[email protected]/ To unsubscribe send a message to [email protected] with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list..
