India
23.12.11
Urgent Interventions

Lack of due diligence by the police in a rape case_Fear for the safety of the victim and her family

​Case IND 231112.VAW/ IND 231112.CC

VIOLENCE AGAINST WOMEN/ CHILD CONCERN

Lack of due diligence by the police/ Fear for thesafety/ Risk of impunity

The International Secretariat of the WorldOrganisation Against Torture (OMCT) requests your URGENT intervention inthe following situation in India/ West Bengal.

Brief description of the situation

The International Secretariat of OMCT has beeninformed by Banglar Manabadhikar Suraksha Mancha (MASUM),a member of OMCT SOS-Torture Network, about the alleged rape of theabout 16- year-old girl Guria Halder(name changed) from the village of Simulpur, West Bengal, and the subsequentalleged assault faced by her mother.

According to the information received, MrMonoranjan Majumdar is facing criminal charges for the alleged rape ofGuria Halder in 2010 (Gaighata Police Station Case no. 284/2010 dated31.8.2010). The suspect was arrested, but later released on bail. Since hisrelease, he is threatening Guria Halder and her family pressuring them towithdraw the complaint against him. The victim’s family filed again a complaintagainst Mr Monoranjan Majumdar for threatening them (Gaighata Police StationCase no. 643/2011 dated 9.11.2011), but the police has up to date notundertaken any action.

On 1 December 2011 around 6:30 pm, Mr. ManjoranjanMazumdar accompanied by Mr. Rabi Roy and Mr. Suranjan Roy allegedlystopped Ms KajalHalder, the mother of the alleged rape victim Guria Halder,while she was returning from the market. She was threatened in order to forceher to withdraw the earlier rape complaint against Mr. Manoranjan Mazumdar. WhenMs Kajal Halder did openly disagree with the three men, they brought an ironrod from a nearby shop and hit her fiercely on the head, hands and legs. As aresult of the assault Ms Kajal Halder fell to the ground unconscious and theassailants left the spot. Ms Kajal Halder was taken to the hospital.

After several attempts by the daughter Guria Halderand subsequently by the mother Kajal Halder to report the incident to thepolice, the police finally filed a complaint against the three men, butallegedly under a lighter penal provision than the serious allegations woulddemand, so that the men could obtain bail. The men are currently out on bailfurther jeopardizing the physical and psychological integrity of the familyHalder, including both victims.

OMCT is gravely concernedabout the reports that the investigation officer of the Gaighata Police Station is yet tocomplete the investigation of the rape case and the impunity enjoyed by the perpetrator.The reported violence faced by both women is sufficiently serious to pursue athorough investigation to protect the family Halder against furtherthreats.

OMCT would like toreiterate that the State has an obligation under international law to prevent,prosecute and punish acts of violence with due diligence, irrespective ofwhether these acts have been committed by State or non-State actors.

Action requested

Please write to the authorities in India/ West Bengal urging them to:

i. Guarantee, in all circumstances, the physical and psychologicalintegrity of the victims, includingaccess to appropriate medical assistance if necessary, and ensure herprotection as well as of her family;

ii. Carry outa prompt, effective, thorough, independent and impartial investigationinto the above-mentioned allegations, in accordance with international humanrights standards, the result of which must be made public, in order to bringthose responsible before a competent, independent and impartial tribunal andapply penal, civil and/or administrative sanctions as provided by law;

iii. Ensure that an effective remedy, including the right to full redresswith compensation and rehabilitation be granted to the victim concerned;

iv. Ensure the respect of human rights andfundamental freedoms throughout the country in accordance with national lawsand international human rights standards.

Addresses

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

Ø Mr. P. Chidambaram, Union Ministerof Home Affairs, Ministry of Home Affairs, 104-107 North Block, NewDelhi 110 001 India, Fax: +9111 2309 2979;

Ø Hon'ble Mr. Justice S.H.Kapadia, Chief Justice of India, Supreme Court, Tilak Marg, New Delhi -1, Fax: +91 11 233 83792, Email: supremecourt@nic.in;

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

Ø Mr. Satyabrata Pal, Member, National Human Rights Commission of India,Faridkot House, Copernicus Marg, New Delhi 110 001, Fax: +91 11 2334 0016, Email:satyabrata49@hotmail.com;

Ø Acting Chairman,West Bengal HumanRights Commission,Bhabani Bhaban, Alipur, Kolkata -27. Fax +91 33 24799633, Email: wbhrc@cal3.vsnl.net.in;

Ø 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;

Ø Miss Mamata Banerjee, Chief Minister, Government of West Bengal,Writers’ Buildings, BBD Bagh, Kolkata – 1, Fax- +91 33 22145480, Email -cm@wb.gov.in, sechome@wb.gov.in;

Ø Permanent Mission of India to the United Nations (Geneva), Rue du Valais 9,1202 Geneva, Tel: +41 22 90686 86, Fax: +41 22 906 86 96, Email: mission.india@ties.itu.int

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

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Geneva, 23 December 2011.

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