ASIAN HUMAN RIGHTS COMMISSION URGENT APPEALS PROGRAMME Urgent Appeal Case: AHRC-UAC-103-2009
<http://www.ahrchk.net/ua/support.php?ua=UAC-103-2009> </ua/support.php?ua=UAC-103-2009> 24 August 2009 --------------------------------------------------------------------- INDIA: Authorities must do more for a 14-year-old girl who was raped then shot ISSUES: Police negligence; threats; women's rights; child rights; administration of justice; corruption --------------------------------------------------------------------- Dear friends, The Asian Human Rights Commission (AHRC) has received information from QIC-AC Uttar Pradesh (QIC-AC UP), a human rights association that in Bahraich district a 14-year-old girl was sexually abused then shot by a member of a mafia. At the time, she was alone in her home as her only remaining family member, her father, was working in the field. Her father went to the police station but they refused to lodge a complaint until they received it from a local NGO. The police arrested the perpetrator but no further action has been taken. CASE DETAILS: Rani (not her real name), the 14-year-old daughter of Mr. Khargi, is a permanent resident of Bankati under the jurisdiction of the Sujauli police station, in Bahraich District, Uttar Pradesh State. She lives alone with her father as her mother died when she was 5 years old. Rani was at home alone when on July 10, 2009 when at approximately 11:30am Mohammad Ateek, son of Mohammad Anees, entered Khargi's house. He then proceeded to molest and rape her. When she shouted for help, Ateek took out his air rifle and shot her. Hearing shouting, forest guard Mr. Rajkumar Panchi chased Ateek, who was attempting to escape and caught him. At 1pm, Rani s father went to the police station to have a case filed against Ateek. However, the police refused to file the case. It was only after a local NGO intervened and put pressure on the Sujauli police that the FIR (First Information Report) had been filed on July 10. The charge sheet is already filed in court. The FIR was filed against Ateek under Section 354 for assault or criminal force to a woman with the intent to outrage her modesty and Section 300 of the Indian penal Code (IPC), 1860. These offenses, once the accused is convicted, impose a punishment of seven years imprisonment and/or a fine. However, the police, instead of performing their sworn public duty and conducting an investigation threatened Rani and also put pressure on her father to withdraw the complaint they had filed. The police are also demanding bribes from them. ADDITIONAL INFORMATION: As we have been informed by the QIC-AC UP, the perpetrator is notorious for this kind of behavior. He had also previously attempted to rape other minors. However, their parents do not disclose these incidents for fear of reprisal by Ateek, whose brother is a forest contractor. Furthermore, the parents had also fail to make complaints to the police because of the detrimental implications to the 'honour of the family' and to avoid insults or being ostracized by the rest of the community. In India, women are seen as having responsibility for the family honour and this is maintained through their chastity. If a woman or a girl is raped it is she who is assumed to be guilty as rather than the attacker who may have actually raped her. This is the local mentality even if he could be punished by the law. Victims are often accused of allowing the men to bring shame to their dignity, and are blamed for tempting the rapists. Rape victims or even of indecent assault by the opposite sex are looked down by their peers. They are marginalized by society and in most cases, they are unable to marry. In Rani s case, this will be highly traumatizing for her, especially as she has to endure the continued proximity to the perpetrator. She also has to endure the ongoing threat of sexual violence and of being humiliated. Her freedom for movement has become significantly restricted. Such an environment, with the constant threat of physical and psychological abuse, will surely have a tremendous effect on the victim s mental health. In cases such as this those trying to seek punishment for the perpetrators may dilute the severity of the crime from rape to assault in order to protect the victim from not being able to marry. The Code of Criminal Procedure (Cr.P.C), 1973 Section 4 requires all cases under the IPC to be investigated, be inquired into and to be tried. Section 161 (examination of witnesses by the police) does not include guidance on dealing with victims who are likely to be highly traumatized, such as providing counseling etc. Often in cases of rape, the victim will wash themselves removing all evidence of the crime which is vital as evidence in court and for successful prosecution. Public education campaigns could raise awareness on this issue and encourage victims of sexual assault to go immediately for examination. However, low expectations for the authorities, silencing of the crime, poor image of the police administration and bureaucratic procedures prevent this, further contributing to low rates of conviction. Corruption is preventing Rani s case from being properly investigated in accordance with the law. Furthermore, Rani s family is poor and thus has little opportunity to exert power and authority or to demand their rights. Often perpetrators of crimes can prevent investigation and arrest through political and financial leverage. This happens as the police administration is intimately entwined with the political party in power: state politicians appoint senior police officers. BACKGROUND INFORMATION: Internationally, women s rights are enshrined in the United Nation (UN) Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Declaration on the Elimination of Violence Against Women. In practice, women have few rights in India and are largely seen to be their husbands property. It is widely believed by both men and women that it is the husband s or a male's prerogative to inflict violence on his wife or the woman as he sees fit. Violence against women constitutes a fundamental violation of their rights and the denial of equality and dignity. India did not respond to a communiqué sent by the Special Rapporteur on violence against women in 2006. The UN Development Fund for Women (UNIFEM) South Asia office reports that in its Gender Equity Index 2007- based on economic activity, empowerment and education- India has the lowest equity ranking in South Asia with little progress seen over the last four years. SUGGESTED ACTION: Please send letters to the authorities named below expressing your concern in this case. The AHRC is also sending a letter to the Special Rapporteur on violence against women calling for intervention in this case. To support this appeal, please click here: <http://www.ahrchk.net/ua/support.php?ua=UAC-103-2009> SAMPLE LETTER: Dear ________, INDIA: Authorities must do more for a 14-year-old girl who was raped then shot Name of the victim: 1. The 14-year-old daughter of Mr. Khargi, a permanent resident of Bankati Village under the jurisdiction of Sujauli Police Station, Bahraich district, Uttar Pradesh state Names of alleged perpetrators: 1. Mr. Mohammad Ateek, son of Atees, resident of Bankati Village under the jurisdiction of Sujauli Police Station, Bahraich district, Uttar Pradesh state 2. Police Officers at the Sujauli Station Date of incident: July 10, 2009 at 11:30 am Place of incident: Mr. Khargi s home in Bankati Village, Bahraich district, Uttar Pradesh state (under the jurisdiction of Sujauli Police Station) I am writing to express my concern about the lack of police action after a 14-year-old girl was raped then shot in her home in Bankati Village. I am informed by QIC-AC UP, a NGO based in Uttar Pradesh, that the victim was molested and raped by Ateek while her father, her only remaining family member, was away working in the fields. When she shouted for help, Ateek took out his air rifle, shot her on the left side of her heart and attempted to run away. When Mr. Khargi went to file a complaint, the police refused to accept it until a local NGO sent a complaint. The FIR was filed on July 10, 2009 and the charge sheet has been sent to court. An FIR has been filed against the culprit, Ateek under Section 354 for assault or criminal force to a woman with the intent to outrage her modesty and Section 300 of the Indian penal Code (IPC), 1860, which are punishable by seven years imprisonment and/or a fine. Outrageously, the police have not performed their sworn public duty and conducted an investigation. Instead, they have been threatening the girl and pressuring her father to withdraw the complaint, as well as to give the police a monetary bribe. I am deeply concerned about the manner the authorities is dealing this case. I therefore urge you to immediately intervene to ensure that an effective investigation takes place in this case. The action taken by the Sujauli police should also be looked into. I therefore request that appropriate are taken to ensure that: 1. The victim is subjected to a medical examination and her statement recorded immediately; 2. The charge be amended and a case of rape registered against the accused. Yours sincerely, ------------------- PLEASE SEND YOUR LETTERS TO: 1. Chief Secretary Government of Uttar Pradesh Shri Lal Bhadur Shastri Bhavan Lucknow 226001, Uttar Pradesh INDIA Fax: +91 52 2223 9283 Email: [email protected] <mailto:[email protected]> 2. Director General of Police 1-Tilak Marg, Lucknow Uttar Pradesh INDIA Fax: + 91 522 220 6120 / 220 6174 E-mail: [email protected] <mailto:[email protected]> 3. The Chief Minister Government of Uttar Pradesh Chief Minister's Secretariat Lucknow, Uttar Pradesh INDIA Fax: + 91 52 2223 0002 / 2223 9234 E-mail: [email protected] <mailto:[email protected]> 4. Minister of Women and Child Development Government of India Shastri Bhavan New Delhi INDIA Fax + 91 11 23074054 E-mail: [email protected] <mailto:[email protected]> Thank you. Urgent Appeals Programme Asian Human Rights Commission ([email protected] <mailto:[email protected]> ) <http://www.ahrchk.net/ua/support.php?ua=UAC-103-2009> ----------------------------- Asian Human Rights Commission 19/F, Go-Up Commercial Building, 998 Canton Road, Kowloon, Hongkong S.A.R. Tel: +(852) - 2698-6339 Fax: +(852) - 2698-6367 -- W A Laskar Freelance Reporter and Human Rights Activist with Barak Human Rights Protection Committee, http://bhrpc.net.googlepages.com 15, Panjabari Road, Darandha, Six Mile, Guwahati-781037, Assam, India Cell: +919401134314 --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.com/group/greenyouth?hl=en-GB -~----------~----~----~----~------~----~------~--~---
