20 May 2011

INDIA: Security personnel gang rape a 14 year-old tribal girl

ISSUES: gang-rape against minor; violence against women; indigenous people;
impunity
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Dear friends,

*The Asian Human Rights Commission (AHRC) has received information regarding
the alleged gang-rape of a 14-year-old tribal girl by four security
personnel in Narayanpatna, Koraput of Orissa state on 19 April 2011. The
perpetrators broke open the door of the house where three children,
including the victim, were sleeping at midnight. According to the
testimonies of the children, the perpetrators looted their ornaments and
asked for money. They raped the victim when she told them she did not have
money. Furthermore, they threatened to kill her if she spoke out to anyone
after having raped her in turns for about an hour. The girl was too scared
to speak to anyone and to get medical treatment. Only several weeks later,
the girl was encouraged by elders of the village who filed a complaint at
Narayanpatna Police Station and the copies of the complaint were sent to the
relevant government agencies. The villagers testified that they have been
facing assault and plunder by the security forces for several years, which
also happened in neighbouring villages. The Narayanpatna police visited the
village on 13 May 2011, and allegedly abused and forced the villagers to put
their thumb impressions on blank paper. On 15 May, the medical examination
was conducted by Dr. V Sangita at Koraput District Headquarter Hospital.*

*CASE NARRATIVE* (based on the testimonies of the victim children and the
reports):

At 3am, 19 April 2011, four unidentified men including one wearing a
military uniform broke open the gate to enter the house located in
Taladekapadu village, Narayanpatna Panchayat, Narayanpatna block in Koraput
district of Orissa. They lighted on 14 year-old girl Sirka (name withheld)
by torch and her younger girl cousin sleeping in the room to wake them up
and went to the next room where her boy cousin Ganganna Sirka (12 years old)
was sleeping alone. All three are tribal children and no adult was at home
at that time. The children were sleeping at their uncle's home.

The rapists who are alleged to be security personnel began questioning two
tribal girls in Hindi which is not the girls' ethnic language. The girls
identified them as security personnel since one of them wore a military
uniform and all spoke Hindi. Immediately after recognizing them as security
personnel and fearing them, the younger girl ran away to flee from the house
whereas the other girl failed to escape. They tied the boy's hands and mouth
with clothes, and forced him to lie down on the floor blindfolding him.
After plundering the girl of gold earrings and three nose rings, they also
forced her to lie down then gagged and blindfolded her. They then demanded
money. As she said she did not have money, they beat her with a stick and
slapped her repeatedly.

One of them watched the broken entrance door, one held the boy in the other
room while another held the girl's legs so the fourth one could sexually
assault her. All of them raped her in turns while taking turns to hold the
boy and the assault lasted for about an hour. Before leaving the place, they
threatened to kill her if she made a complaint to the police or shared
anything about them with anyone.

After they left the boy managed to untie them and asked the victim what had
happened to her. However, she could not tell him anything as she was too
scared to speak out and even to get medical treatment. She did not file a
complaint immediately after the incident since she was fearing for her life
as the alleged perpetrators had threatened.

The boy went out to call her parents who were sleeping in a small temporary
hut nearby an agricultural field where her parents farm. During the
agricultural season, the tribes build huts near their fields and stay there
to prevent the wild animals from eating up their crops. The victim could not
step out of house for about three days due to excruciating pain although she
did not have internal bleeding.

About two weeks after the incident, the victim girl was encouraged to speak
of what happened to her by elderly of the village who suspected serious
assault against the children. On 4 May, the elders of the village filed a
written complaint to the Superintendent of Police (SP) by registered post
while the girl's brother also filed a similar case by post. Accordingly the
police have registered two cases (First Information Report -FIR) no. 13/11
and 14/11) under sections 450, 451, 379, 323, 342 and 376 (g) and 34 of
Indian penal Code (IPC) at Narayapatna Police Station and conduct
investigation. The copies of the complaint were sent to Deputy Inspector
General of Police (DIG) South-West region Soumendra Priyadarshi, Home
Secretary U N Behera and several human rights institutions such as Orissa
human Rights Commission, Orissa State Women’s Commission and the National
Commission for Protection of Child Rights (NCPCR).

It is reported that on 14 May, local media reporters along with human rights
defenders visited the victim, her family and other villagers to find out the
details of the incident. The villagers alleged that on 11 and 13 May,
Narayanpatna police had visited the village and allegedly abused and forced
the villagers to put their thumb impressions on blank paper.

The Narayanpatna Inspector in Charge, contrary to the villagers'
testimonies, denied the police abuse as well as forcible thumb impressions
upon the villagers, and also the allegation about police involvement
insisting that there was no combing operation on the day of incident. He
suspected that it could be committed by the unidentified youths in uniform
clarifying that lately there have been a number of thefts in the area and
the alleged perpetrators could be one of them. The Inspector in Charge
stated that they had taken thumb impressions of the victim girl and her
brother in their FIR receipt which the elderly and the victim girl’s brother
registered on 4 May. It is also found that the Inspector in Charge asked the
victim girl to put her signature on another register on 14 May when the
victim girl and her parents had gone for a medical examination. The
Inspector in Charge still stated that it was for FIR receipt.

On 15 May, Narayanpatna Police Station female constable Ms. Samita brought
the victim girl, her parents and a few villagers to Koraput District
Headquater Hospital where the victim girl’s medical examination was
conducted by Dr. V Sangita.

The NCPCR directed the District Human Rights Protection Cell under the
office of Koraput SP to ensure proper counseling for the victim girl, for
which the Koraput SP informed the lawyer Ms. Sujata Nayak in the letter (no.
499 dated May 14) that she has been appointed as a counselor for the victim
girl and all expenses would be covered by the office of Koraput Collector.

*BACKGROUND INFORMATION:*

According to the testimonies by the villagers, it is the third time that the
village faced a brutal assault by the security personnel. On 11 February
2011, at about 1 am the security personnel had attacked Mr. Kiya whose hut
was nearby his farm and stolen 15 chickens and INR 2500 (USD 55). They also
had stolen 10 chickens and INR 5000 (USD 110) from Mr. Benu Sirika’s hut.
They beat women who tried to stop the security personnel from beating men.
The security personnel took both of them to Narayanpatna Police Station and
detained them in police custody by next morning. Next morning at 10 am, Mr.
Kiya was sent back home whereas Mr. Benu was sent to Koraput district and is
currently in district jail.

In February 2011, the security personnel had come to the village and beaten
a family and stolen their gold ornaments. It is alleged that the violence
committed by the security personnel has been taking place in other
neighboring villages such as Dumsil, Basnaput, Palaput, Podapadr, etc. As
the villagers protest against the violence, the security forces have stopped
committing violence against the villagers whereas the violence still takes
place in other villages such as Taladekapadu village in this case.

Narayanpatna became a battle field when the police fired against the
villagers who expressed their grievances against the police officers
carrying out anti-insurgent operations in the tribal villages in November
2009. The AHRC reported the case in
AHRC-UAC-162-2009<http://www.humanrights.asia/news/urgent-appeals/AHRC-UAC-162-2009>and
the Amnesty International also published the
statement<http://www.humanrights.asia/news/forwarded-news/AHRC-FST-091-2009/?searchterm=Narayanpatna>.

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