*Press Statement*

For immediate release



31 January, 2011, Silchar

* *

*ASCW issues notice to SP, Cachar concerning a case of domestic
violence<http://bhrpc.wordpress.com/2011/05/03/513/>
*



Assam State Commission for Women (ASCW) issued notice to the district
Superintendent of Police in Cachar asking him to submit a report to the
commission regarding the case. The letter signed by Monidipa Borkotoki, the
member secretary of the commission said that the legal advisory committee of
the ASCW heard the complaint forwarded to it by the National Commission for
Women (NCW) and passed an order. The order asked for a report from the
concerned SP regarding the details of the complaint and for notice to the
complainant for her appearance on the next date to hear the complaints in
detail for further action.



The case involves allegations of extortion and harassment of Sharmista Das,
daughter of late Rishikesh Dutta, resident of Narsing Road, Shibam Apartment
Ground, Ambicapatty, Silchar, (Cachar, Assam) the victim. She alleged that
she and her mother had been forced to pay bribes by the police when she
lodged complaints about harassment and cruelty allegedly meted out to her by
her husband and other in-laws for dowry. According to the victim the cases
have been registered but no effective actions have been taken. Instead, the
victim alleges, they harassed her and her relatives and forced her to pay
rupees 30,100.00 (thirty thousand and one hundred) and attempted to get
another Rs. 50,000.00 (fifty thousand) by virtual detention and threat of
dire consequences between 3 November, 2009 and 20 March, 2010. (See the
details 
here<http://bhrpc.wordpress.com/2010/05/14/a-case-of-human-rights-violations-involving-extortion-and-harassment-of-a-victim-of-domestic-violence-by-police/>
)



Barak Human Rights Protection Committee (BHRPC) documented the case and
wrote to the authorities including the NCW urging for their intervention for
the sake of justice. No information was received by BHRPC after several
reminders, except a letter from the NCW that the case was forwarded to the
ASCW. In response of BHRPC letter dated 28 March 2011 the ASCW informed
about the order of their legal advisory committee and notice to the SP.



According to BHRPC the action of the ASCW is a good gesture but too late and
too little.

In a letter to the member-secretary fo the ASCW BHRPC stated that the
complaint of the victim involves three cases vide 1. Silchar PS Case No.
2126/2009 dated 3 November, 2009 under section 498A of the Indian Penal
Code, 1860 (IPC), 2. Silchar PS Case No. 509/10 under sections 379 and 406,
IPC, 3. Case No. 155 M/2010 in the Court of Executive Magistrate under
section 94 of the Criminal Procedure Code, 1973 (CrPC) and serious
allegations of extortion and forcing the victim to pay bribes. But the ASCW
asked for reports concerning only one case, viz., Silchar PS Case No.
2126/2009. BHRPC is doubtful whether this partial inquiry can reveal the
whole truth. More importantly an independent inquiry should be conducted
into the allegations of extortion and harassment of the victim by the
investigating officers of the police.



BHRPC also wrote that police in Assam often disregards the proviso to
sub-section (1) of section 160 of the CrPC while conducting
investigation/inquiry. The proviso says “*that no male person under the age
of fifteen years or women shall be required to attend at any place other
than the place in which such male person or woman resides*”.



BHRPC further said that the order of the legal advisory committee of the
ASCW directs the ASCW office to issue notice to the complainant for her
appearance on the next date to hear the complaint in details for further
action. But the BHRPC has not received any such notice and information of
the next date. The complainant/victim needs to know the date of the hearing
and whether her presence is required or not giving her enough time to make
preparations for journey from Silchar to Guwahati and other matters.



Waliullah Ahmed Laskar

Information Officer, BHRPC

Rongpur Part-IV (Near Uco Bank)

Silchar- 788009, Assam, India



See it at http://bhrpc.wordpress.com/2011/05/03/513/


-- 
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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