India: Sexual abuse by police and intimidation to compel victim to withdraw complaint in Kolkata, West Bengal

The International Secretariat of the World Organisation Against Torture (OMCT) has received information and requests your URGENT intervention in the following situation in West Bengal, India.

Brief description of the situation

The International Secretariat of OMCT has received information from Blanglar Manabadhikar Suraksha Manch (MASUM), a member of the OMCT SOS-Torture Network, regarding the case of Ms. Sampa Dutta, 37 years old, who has been continuously harassed and threatened by the police after having filed a sexual abuse complaint against a police officer from the Entally Police station, in Kolkata, West Bengal.

According to the information received, on January 21st, 2009 Ms. Sampa Dutta, filed a criminal complaint against Mr. Dharanidhar Pati, a police officer at Entally Police Station Case No. 31/2009 dated 21.1.2009 under section 354. It is alleged that on January 21st, 2009 Mr. Pati sexually abused Ms. Dutta, in front of her 10 year old daughter, while travelling on a mini bus. It is also alleged that on May 25th, 2009 an unidentified man went to Ms. Dutta’s home and threatened her with “dire consequences” if the complaint lodged against Mr. Dharanidhar Pati was not withdrawn immediately. Again Ms. Dutta’s 10 year old daughter was a witness to the incident. On June 3rd, 2009 Ms. Dutta filed a complaint on the incident with the Phoolbagan Police Station case No. 2220/2009 but to date no action has been taken on the matter.

According to the same information received, the police are abusing their powers allegedly in order to compel Ms. Dutta to retract her allegations against Mr. Pati. Ms. Dutta has been served on several occasions with notices requiring her appearance at the Police Station in total violation of the Criminal Procedure Code of India, Section 160 which states that “no male under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides in respect to a police inquiry”.

The International Secretariat of OMCT expresses its deep concern about Ms. Dutta’s personal safety and the lack of due diligence to promptly investigate into these serious events. OMCT is also deeply concerned about the abuse of power shown by the police by requiring Ms. Dutta’s presence at their facilites when it clearly violates the Indian Criminal Procedure Code. These actions seem to show an attempt by the police, to further intimidate the victim to retract her allegations.

In this respect, OMCT recalls that the UN Declaration on the Elimination of Violence against Women states in its article 4(c) 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:

1. Take all necessary measures to guarantee the physical and psychological integrity of Ms. Sampa Dutta and her daughter’s;
2. Carry out a prompt, effective, thorough, independent and impartial investigation into the allegations, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
3. Ensure that adequate, effective and prompt reparation, including adequate compensation, proper medical care and rehabilitation, is granted to the victim and also to her daughter regarding the shock she experienced;
4. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Shri Manmohan Singh, Prime Minister of India, Prime Minister’s Office, Room number 152, South Block, New Delhi, Fax: + 91 11 2301 6857
• Shri Shivraj Patil, Union Minister of Home Affairs, Ministry of Home Affairs, 104-107 North Block, New Delhi 110 001 India, Fax: +91 11 2309 2979.
• Justice K. G. Balkrishnan, Chief Justice of India, Supreme Court, Tilak Marg, New Delhi -1, Email: supremecourt@nic.in
• Justice Rajendra Babu, Chairperson, National Human Rights Commission of India, Faridkot House, Copernicus Marg, New Delhi 110 001, Tel: +91 11 230 74448, Fax: +91 11 2334 0016, Email: chairnhrc@nic.in
• National Commission for Women, 4 Deen Dayal Upadhayaya Marg, New Delhi-110 002. Fax: +91-11-23236154. E-mail: ncw@nic.in

Regional and local addresses:

• Justice Shyamal Kumar Sen, Chairman, West Bengal Human Rights Commission, Bhabani Bhaban, Alipur, Kolkata - 27. Phone +91-33-24797727, 24791629, Fax - 24799633, Email: wbhrc@cal3.vsnl.net.in
• West Bengal Commission for Women (WBCW), 10 Reiny Park, Kolkata - 19. E-mail: chairperson@wbcw.org
• Mr. Gopalkrishna Gandhi, Governor, West Bengal, Raj Bhaban, Kolkata – 62, Phone: +91 33-2200 1641, Fax: +91 33 – 2200 2444 / 2200 1649, E-mail: secy-gov-wb@nic.in
• Mr. Ardhendu Sen, Principal Secretary (Home), Government of West Bengal, Fax- +91-33-22143001, E-mail: sechome@wb.gov.in
• Commissioner of Police Kolkata Police, Lalbazar Kolkata-7000, West Bengal, Fax: +913322145424, Email:-cp@kolkatapolice.gov.in

Ambassadors:

• H.E. Mr. Swashpawan Singh, Ambassador Extraordinary and Plenipotentiary Permanent Representative to the United Nations (Geneva), Rue du Valais 9 (6ème étage), 1202 Geneva, Tel: +41 22 906 86 86, Fax: +41 22 906 86 96, Email: mission.india@ties.itu.int
• Mr. Dipak Chatterjee, Ambassador, Embassy of India in Brussels, 217 Chaussée de Vleurgat, 1050 Brussels, Belgium, Fax: +32 (0)2 6489638 or +32 (0)2 6451869

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

Geneva, 1 July 2009

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