India
07.04.04
Urgent Interventions
India: Killing related to demands for dowry and lack of due diligence by police
Case IND 070404.VAW
Violence against women / Killing in effort to obtain dowry
The International Secretariat of 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 the Asian Human Rights Commission, a member of the OMCT network, of a killing of a young girl related to demands for dowry and lack of due diligence by the police in Narayanpur village, West Bengal, India.
According to the information received, following Mosumi’s suspicious death at her husband’s house on October 25, 2003, there have been persistent efforts by government officials to obstruct investigation into the causes of her death. Several police officers, a magistrate and a doctor have all been implicated in the cover-up.
Mousumi Ari married Bidhan Ari in 2002 without the consent of her family, since her husband was from a lower caste and she was a minor of 14 years at the time. According to the information received, Mousumi was tortured physically and mentally by her husband and his family members (including Swadesh, the father, Minati, the mother, Tushi, the sister, and Kanchan, the aunt) to try and extract dowry and money from her father.
On October 25, 2003, Mousumi died at her husband’s house from what his family claimed was suicide. When her mother, Laxmi Sahoo, came and found her body on the floor, Mousumi’s in-laws claimed she had hanged herself and they had cut her down. However, her mother and relatives noted blood stains on Mousumi’s clothes, numerous injuries on her body, and that she had been bleeding from her mouth and nose.
According to the information received, when police from Kakdwip station led by Sub-Inspector A.K. Ghosh, from Kakdwip Police Station, arrived at the scene, they removed Mousumi’s blood-stained clothes and replaced them with fresh ones. Furthermore they neglected to collect blood or other evidence from the scene, failing to secure the site, losing much of the evidence in the process.
The police insisted that Mousumi had committed suicide and forced her mother to sign a paper to that effect. Subsequently, D.K. Kanoongo, Executive Magistrate, conducted an inquest without the legally required medical certification of death and concluded there were no injuries on Mousumi’s body. It was not until 1.45pm on the 26th, over 24 hours since the body had been in police possession, that Dr G Biswas examined the body. He submitted a similar report stating that there was no injury, except one mark on the neck. Considering the defective medical procedures in the region, there is concern that the doctor, in reality, did not even see the body.
It is reported that the police, the magistrate and doctor were trying to protect Mousumi’s father-in-law, Swadesh Ari, who is a Home Guard (an auxiliary police force), posted at Kakdwip at that time. Although Swadesh, Bidhan, Minati and Tushi Ari were arrested at one point, they were charged only with causing the suicide of Mousumi, rather than with the more stringent charge of murder.
Sensing that there was an effort to cover-up the circumstances of their daughter’s death, Mousumi’s family went against their religious code and instead of cremating her they placed her body by in a salt pit for preservation.
Following efforts by Mousumi’s father to get a reinvestigation, her body was finally exhumed on 2 January 2004. However, the same Executive Magistrate as before held the second inquest and again found nothing. Fortunately, following lobbying by a local human rights group, this time the post mortem was held at the Calcutta Morgue. The forensic team found numerous injuries on the body and concluded that Mousumi’s death had been caused by forceful impact on head with hard blunt agent or hard rough surface. Furthermore they noted that the first doctor had failed to properly examine the victim.
Following the second autopsy, the police added a charge of murder against the members of the Ari family. However, the final investigation report still suggests a case of suicide and there is concern that the accused will be acquitted due to contradictions in the police report.
Meanwhile Mousumi’s body continues to be preserved in salt, because of her family’s concern for the outcome of the case.
OMCT is extremely concerned that "dowry deaths" continue to occur in India and that the police often fail to adequately investigate, prosecute and punish these crimes, despite a law which requires special investigation efforts of the deaths of women who have been married less than seven years (Article 498A of the Indian Penal Code). OMCT reminds the government of India that the Declaration on the Elimination of Violence against Women, in article 4(c), states that States should "exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons."
Action requested
Please write to the authorities in India urging them to:
i. guarantee that adequate reparation is provided to the family of the victim of this abuse;
ii. order a thorough and impartial investigation into the circumstances of this killing, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iii. ensure that all law enforcement authorities address dowry deaths with appropriate vigour;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Dr. A. P. J. Abdul Kalam, President's Secretariat, Rashtrapati Bhavan, New Delhi, INDIA, Fax: 91-11-(2)3017290 & (2)3017824, presidentofindia@rb.nic.in
· Mr. Atal Bihari Vajpayee, Prime Minster of India, Prime Minster's Office, South Block, Raisina Hill, New Delhi, India-110 011, Fax: 91-11-23019545 / 91-11-23016857
· Mr. L. K. Advani, Deputy Prime Minister, Minister of Home Affairs, Minister of Personnel, Public Grievances and Pensions, North Block, room 104, Central Secretariat, New Delhi - 110 001, Fax: 91 + 11 309 4221
· National Human Rights Commission, Sardar Patel Bhavan, Parliament Street, New Delhi, PIN 110001, India, Fax No. 91 + 11 + 23366537, e-mail: ionhrc@hub.nic.in
· Justice A.S. Anand, Chairperson, National Human Rights Commission, Sardar Patel Bhavan, Parliament Street, New Delhi, Pin. 110001, India, e. mail. chairnhrc@nic.in
· Mr. Soli Sorabjee, Attorney General of India, Office of the Attorney General of India, Supreme Court of India, Tilak Marg, New Delhi-110001, India, Fax: 91 + 11 + 23782101, Official Residence: 10 Motilal Nehru Marg, New Delhi-110011, Tel/Fax: 91 + 11 + 23010525/ 23018696, Fax: 91 + 11+ 24354014
· Mr. N. Gopalaswami, Home Secretary, Ministry of Home Affairs Room No 104, North Block, New Delhi 110 001, India, Fax: 91 + 11 + 23793003
· Ambassadeur Puri Hardeep Singh, Rue du Valais 9 (6ème), CH-1202, Genève, Suisse, E-mail: mission.india@ties.itu.int, Fax: +4122 906 86 96
Please also write to the embassies of India in your respective country.
Geneva, April 7, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Violence against women / Killing in effort to obtain dowry
The International Secretariat of 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 the Asian Human Rights Commission, a member of the OMCT network, of a killing of a young girl related to demands for dowry and lack of due diligence by the police in Narayanpur village, West Bengal, India.
According to the information received, following Mosumi’s suspicious death at her husband’s house on October 25, 2003, there have been persistent efforts by government officials to obstruct investigation into the causes of her death. Several police officers, a magistrate and a doctor have all been implicated in the cover-up.
Mousumi Ari married Bidhan Ari in 2002 without the consent of her family, since her husband was from a lower caste and she was a minor of 14 years at the time. According to the information received, Mousumi was tortured physically and mentally by her husband and his family members (including Swadesh, the father, Minati, the mother, Tushi, the sister, and Kanchan, the aunt) to try and extract dowry and money from her father.
On October 25, 2003, Mousumi died at her husband’s house from what his family claimed was suicide. When her mother, Laxmi Sahoo, came and found her body on the floor, Mousumi’s in-laws claimed she had hanged herself and they had cut her down. However, her mother and relatives noted blood stains on Mousumi’s clothes, numerous injuries on her body, and that she had been bleeding from her mouth and nose.
According to the information received, when police from Kakdwip station led by Sub-Inspector A.K. Ghosh, from Kakdwip Police Station, arrived at the scene, they removed Mousumi’s blood-stained clothes and replaced them with fresh ones. Furthermore they neglected to collect blood or other evidence from the scene, failing to secure the site, losing much of the evidence in the process.
The police insisted that Mousumi had committed suicide and forced her mother to sign a paper to that effect. Subsequently, D.K. Kanoongo, Executive Magistrate, conducted an inquest without the legally required medical certification of death and concluded there were no injuries on Mousumi’s body. It was not until 1.45pm on the 26th, over 24 hours since the body had been in police possession, that Dr G Biswas examined the body. He submitted a similar report stating that there was no injury, except one mark on the neck. Considering the defective medical procedures in the region, there is concern that the doctor, in reality, did not even see the body.
It is reported that the police, the magistrate and doctor were trying to protect Mousumi’s father-in-law, Swadesh Ari, who is a Home Guard (an auxiliary police force), posted at Kakdwip at that time. Although Swadesh, Bidhan, Minati and Tushi Ari were arrested at one point, they were charged only with causing the suicide of Mousumi, rather than with the more stringent charge of murder.
Sensing that there was an effort to cover-up the circumstances of their daughter’s death, Mousumi’s family went against their religious code and instead of cremating her they placed her body by in a salt pit for preservation.
Following efforts by Mousumi’s father to get a reinvestigation, her body was finally exhumed on 2 January 2004. However, the same Executive Magistrate as before held the second inquest and again found nothing. Fortunately, following lobbying by a local human rights group, this time the post mortem was held at the Calcutta Morgue. The forensic team found numerous injuries on the body and concluded that Mousumi’s death had been caused by forceful impact on head with hard blunt agent or hard rough surface. Furthermore they noted that the first doctor had failed to properly examine the victim.
Following the second autopsy, the police added a charge of murder against the members of the Ari family. However, the final investigation report still suggests a case of suicide and there is concern that the accused will be acquitted due to contradictions in the police report.
Meanwhile Mousumi’s body continues to be preserved in salt, because of her family’s concern for the outcome of the case.
OMCT is extremely concerned that "dowry deaths" continue to occur in India and that the police often fail to adequately investigate, prosecute and punish these crimes, despite a law which requires special investigation efforts of the deaths of women who have been married less than seven years (Article 498A of the Indian Penal Code). OMCT reminds the government of India that the Declaration on the Elimination of Violence against Women, in article 4(c), states that States should "exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons."
Action requested
Please write to the authorities in India urging them to:
i. guarantee that adequate reparation is provided to the family of the victim of this abuse;
ii. order a thorough and impartial investigation into the circumstances of this killing, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iii. ensure that all law enforcement authorities address dowry deaths with appropriate vigour;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Dr. A. P. J. Abdul Kalam, President's Secretariat, Rashtrapati Bhavan, New Delhi, INDIA, Fax: 91-11-(2)3017290 & (2)3017824, presidentofindia@rb.nic.in
· Mr. Atal Bihari Vajpayee, Prime Minster of India, Prime Minster's Office, South Block, Raisina Hill, New Delhi, India-110 011, Fax: 91-11-23019545 / 91-11-23016857
· Mr. L. K. Advani, Deputy Prime Minister, Minister of Home Affairs, Minister of Personnel, Public Grievances and Pensions, North Block, room 104, Central Secretariat, New Delhi - 110 001, Fax: 91 + 11 309 4221
· National Human Rights Commission, Sardar Patel Bhavan, Parliament Street, New Delhi, PIN 110001, India, Fax No. 91 + 11 + 23366537, e-mail: ionhrc@hub.nic.in
· Justice A.S. Anand, Chairperson, National Human Rights Commission, Sardar Patel Bhavan, Parliament Street, New Delhi, Pin. 110001, India, e. mail. chairnhrc@nic.in
· Mr. Soli Sorabjee, Attorney General of India, Office of the Attorney General of India, Supreme Court of India, Tilak Marg, New Delhi-110001, India, Fax: 91 + 11 + 23782101, Official Residence: 10 Motilal Nehru Marg, New Delhi-110011, Tel/Fax: 91 + 11 + 23010525/ 23018696, Fax: 91 + 11+ 24354014
· Mr. N. Gopalaswami, Home Secretary, Ministry of Home Affairs Room No 104, North Block, New Delhi 110 001, India, Fax: 91 + 11 + 23793003
· Ambassadeur Puri Hardeep Singh, Rue du Valais 9 (6ème), CH-1202, Genève, Suisse, E-mail: mission.india@ties.itu.int, Fax: +4122 906 86 96
Please also write to the embassies of India in your respective country.
Geneva, April 7, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.