---------- Forwarded message ----------
From: OMCT Urgent Appeals <[email protected]>
Date: Tue, Feb 1, 2011 at 10:25 PM
Subject: India: Rape of a 16 year-old Dalit girl, impunity of the
perpetrators and serious threats against the victim
To: India - Barak Human Rights Protection Committee <[email protected]>
Cc: [email protected], [email protected],
[email protected]


 *Case IND 020211.CC*

*CHILD CONCERN*

*Rape of a 16 year-old Dalit girl, impunity of the perpetrators*

*and serious threats against the victim*

* *

The International Secretariat of the World Organisation Against Torture
(OMCT) requests your URGENT intervention in the following situation in* **
India*.


Brief description of the situation



The International Secretariat of OMCT has been informed by MASUM, a member
organisation of the SOS-Torture Network, about the rape of a 16 year-old
Dalit girl, followed by the impunity of the perpetrators and threats against
the victim*.*



According to the information received, on 31st August 2010, *G.H*. was alone
at home*, in the **village** of **Simulpur*, District of West Bengal, when
her neighbour, Mr. Bhadra Mondal asked her to bring him a bottle of water.
As the tenant of the house next to G.H.'s, Mr. Bhadra had developed good
relationships with her and her family, which made G.H. feel confident.



When G.H. entered the room where Bhandra was, she noticed another man called
Manoranjan was standing there too. Suddenly, the two men tied her up on the
bed, locked the door from inside, put a towel into her mouth and both raped
her.



According to the same information, G.H. managed to unfasten the towel and
started to cry. This attracted the neighbours' attention, who gathered at
the door of the room. However, the two men rapidly sneaked out of the room
and fled the scene. The neighbours took G.H. to the police station so that
she lodged a complaint against Bhadra and Manoranjan.



At the Gaighata police station, the officer in charge, who allegedly had
connexions with Mr. Bhadra Mondal, told G.H. to revise her complaint in
order to accuse only Manoranjan. After Guria had written the complaint four
times, the officer in charge, still not satisfied, dictated the complaint
himself, forced G.H. to submit it as her own and initiated a case upon this
version that accused only Manoranjan (Gaighata PS Case No. 284 dated
31.08.2010 under section 376 of Indian Penal Code).



According to the information received, G.H. and her family sat at the police
station all night and only the next day G.H. was allowed to go to the Sub
Divisional Hospital of Bongaon to have a medical examination.



As reported from the same source, three or four days later, the neighbours
went back to the police station to ask about the status of the investigation
because the two men were still free and were starting to threaten them. G.H.
and her family also went several times to ask for the immediate arrest of
the two perpetrators but until today, the two men remain free. G.H. was not
provided with the First Information Report for more than a month after the
event, which represents a violation of Section 154 of the Indian Criminal
Procedure Code.



On 5th October 2010, the villagers reportedly submitted a petition signed by
about 104 villagers of Simulpur to the Superintendent of Police (24
Parganas, North District) asking for appropriate legal action to be taken
against the two perpetrators. The petition resumed the main points of the
incident: the low age of the victim, the description and localization of the
two accused, the fact that one of them is an alleged recidivist rapist and
the other one is suspected of conniving with the police and the political
sphere, the impunity of the two perpetrators and the threats against the
victim and her family.



Finally, according to the same source, during the first week of January
2011, a police officer came to G.H.'s house and informed her that a criminal
case had been initiated against her, accusing her of having stolen Rs.
30'000 from the accused, conspired against them, and falsely implicated them
into a criminal case. **





*Actions requested*

* *

Please write to the authorities in India urging them to:



i.                     Guarantee that adequate care and compensation is
awarded to G.H. for the violation of her human rights;

ii.                   *Carry out a prompt, effective, thorough, independent
and impartial investigation into *the event, the result of which must be
made public, in order* *to bring those responsible before a competent,
independent and impartial tribunal and apply penal, civil and/or
administrative sanctions as provided by the law;

iii.                  Provide appropriate protection to the victim, her
family and the witnesses of this incident;

iv.                 At all time ensure strict respect for international
human rights in the exercise of its jurisdiction.
Addresses

·   Mr. Shri Manmohan Singh, *Prime Minister of India*, Prime Minister’s
Office, Room number 152, South Block, New Delhi, Fax: + 91 11 2301 6857;

·   *Mr. P. Chidambaram*, *Union Minister of Home Affairs*, Ministry of Home
Affairs, 104-107 North Block, New Delhi 110 001 India, Fax: +91 11 2309
2979;

·   *Hon'ble Mr. Justice S.H. Kapadia*, *Chief Justice of India**, Supreme
Court,* Tilak Marg, New Delhi -1, Fax: +91 11 233 83792, Email:
[email protected]<[email protected]?subject=Query/suggesions%20coming%20from%20the%20website%20of%20Supreme%20Court%20of%20India>
;

·   *Chairperson*, *National Human Rights Commission* of India, Faridkot
House, Copernicus Marg, New Delhi 110 001, Fax: +91 11 2334 0016, Email:
[email protected];

*·   **Jusice N. C. Sil*, Acting Chairman, *West Bengal Human Rights
Commission**, Bhabani Bhaban, Alipur, Kolkata -27. **Fax +91 33 24799633,
Email: **[email protected]**; *

·   M. K. Narayanan, *Governor, **West Bengal*, Raj Bhaban, Kolkata –
62, *Phone:
+91 33-2200 1641, Fax: +91 33 – 2200 2444 / 2200 1649,
*[email protected]<[email protected]>;


·   Mr. Sri Buddhadeb Bhattacharjee, *Chief Minister, Government of West
Bengal*, Writers’ Buildings, BBD Bagh, Kolkata – 1, Fax - +91 33 22145480,
Email - [email protected], [email protected];

·   *Permanent **Mission** of **India** to the United Nations (**Geneva**)*,
Rue du Valais 9, 1202 Geneva, Tel: +41 22 906 86 86, Fax: +41 22 906 86 96,
Email: [email protected]



Please also write to the embassies of India in your respective country.



***

Geneva, 2nd February 2011



Kindly inform us of any action undertaken quoting the code of this appeal in
your reply.



-- 
W A Laskar
Freelance Reporter and Human Rights Defender
with Barak Human Rights Protection Committee <http://bhrpc.wordpress.com/>,
http://bhrpc.wordpress.com
15, Panjabari Road, Darandha, Six Mile,
Guwahati-781037, Assam, India
Cell: +919401942234
Visit my blog <http://www.rightspeaks.blogspot.com> at
www.rightspeaks.blogspot.com
Skype: rights.defender

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