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 WorldOrganisation Against Torture (OMCT) requests your URGENT intervention in the following situation in India.

Briefdescription of the situation

The International Secretariat of OMCT has beeninformed 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 theperpetrators 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 herneighbour, Mr. Bhadra Mondal asked her to bring him a bottle of water. As thetenant of the house next to G.H.'s, Mr. Bhadra had developed good relationshipswith her and her family, which made G.H. feel confident.

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

According to the same information, G.H. managed tounfasten 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 outof the room and fled the scene. The neighbours took G.H. to the police stationso 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 hercomplaint in order to accuse only Manoranjan. After Guria had written thecomplaint four times, the officer in charge, still not satisfied, dictated thecomplaint himself, forced G.H. to submit it as her own and initiated a caseupon this version that accused only Manoranjan (Gaighata PS Case No. 284 dated31.08.2010 under section 376 of Indian Penal Code).

According to the information received, G.H. and herfamily sat at the police station all night and only the next day G.H. wasallowed to go to the Sub Divisional Hospital of Bongaon to have a medicalexamination.

As reported from the same source, three or four dayslater, the neighbours went back to the police station to ask about the statusof the investigation because the two men were still free and were starting tothreaten them. G.H. and her family also went several times to ask for theimmediate arrest of the two perpetrators but until today, the two men remainfree. G.H. was not provided with the First Information Report for more than amonth after the event, which represents a violation of Section 154 of the IndianCriminal Procedure Code.

On 5th October 2010, the villagers reportedly submitted apetition signed byabout 104 villagers of Simulpur to the Superintendent of Police (24 Parganas,North District) asking for appropriate legal action to be taken against the twoperpetrators. The petitionresumed the main points of the incident: the low age of the victim, thedescription and localization of the two accused, the fact that one of them is analleged recidivist rapist and the other one is suspected of conniving with thepolice and the political sphere, the impunity of the two perpetrators and thethreats against the victim and her family.

Finally, according to the same source, during thefirst week of January 2011, a police officer came to G.H.'s house and informedher that a criminal case had been initiated against her, accusing her of havingstolen Rs. 30'000 from the accused, conspired against them, and falselyimplicated them into a criminal case.

Actions requested

Please write to the authorities in India urging them to:

i. Guaranteethat 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 madepublic, in order to bring thoseresponsible before a competent, independent and impartial tribunal and applypenal, civil and/or administrative sanctions as provided by the law;

iii. Provideappropriate protection to the victim, her family and the witnesses of thisincident;

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

Addresses

· Mr. ShriManmohan 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 Justiceof India,Supreme Court, Tilak Marg, New Delhi -1, Fax: +91 11 233 83792,Email: supremecourt@nic.in;

· Chairperson, National Human Rights Commission of India, Faridkot House,Copernicus Marg, New Delhi 110 001, Fax: +91 11 2334 0016, Email: chairnhrc@nic.in;

· Jusice N. C. Sil, ActingChairman, WestBengal Human Rights Commission, Bhabani Bhaban, Alipur, Kolkata -27. Fax +91 3324799633, Email: wbhrc@cal3.vsnl.net.in;

· M. K.Narayanan, Governor, West Bengal, Raj Bhaban, Kolkata – 62, Phone: +91 33-2200 1641, Fax: +91 33 –2200 2444 / 2200 1649, secy-gov-wb@nic.in;

· Mr. SriBuddhadeb Bhattacharjee, Chief Minister, Government ofWest Bengal, Writers’ Buildings, BBD Bagh, Kolkata – 1, Fax - +91 33 22145480, Email- cm@wb.gov.in, sechome@wb.gov.in;

· PermanentMissionof Indiato the United Nations (Geneva), Rue du Valais 9, 1202 Geneva, Tel: +41 22 906 86 86, Fax: +41 22 906 8696, Email: mission.india@ties.itu.int

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

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Geneva, 2nd February 2011

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