Sex work: To criminalize or to decriminalize?

National Commission for Women is pushing for a bill to legalise sex work. Activists argue that it will not address the problems faced by the women in flesh trade. According to them, it will increase the exploitation of sex workers by those who manage brothels as well as by the law-enforcement officials, as it is happening now. They are concerned that in a country like India where farmers are driven to commit suicide and tea workers are literally dying of hunger, legalisation of sex work will increase trafficking in women and children. It will be difficult to determine who are forced into the trade and who have freely chosen it as an occupation when they are living in a condition of famine and slavery.

By the way, speaking of free choice, I am reminded of the public stand of present NCW chief on the matter. She is on record saying that women should not assert their autonomy because they may face backlash from the biased society. It is another matter that the statutory body headed by her is mandated to protect the rights of women against the prejudices of society and not the other way around.

This NCW wants to legalise sex work apparently to protect rights and interests of women in the trade.

However, before we take any legislative actions we need to understand what is involved in flesh trade and how it is infringing rights of women.

Radical feminists hold that prostitution and pornography are aspects of male violence against women. Not only the individual women involved are subjected to degrading treatments and dehumanisation but the women as a collective is dehumanised by the practice of prostitution and pornography.

However, I feel more inclined to agree with the understanding of prostitution by the Swedish lawmakers. They say "In Sweden prostitution is regarded as an aspect of male violence against women and children. It is officially acknowledged as a form of exploitation of women and children and constitutes a significant social problem... gender equality will remain unattainable so long as men buy, sell and exploit women and children by prostituting them."

And their solution?

In 1999, after years of research and study, Sweden passed a legislation that a) criminalizes the buying of sex, and b) decriminalizes the selling of sex.

I think India can effectively deal with the problem in Swedish way.

Forced child marriage, slavery like reality in every single region of the world

This is a Statement issued  jointly* by a group of UN human rights experts to mark the first International Day of the Girl Child, Thursday 11 October 2012 

Every year an estimate of 10 million girls are married before they reach 18

GENEVA (11 October 2012) – “Girls who are forced to marry are committed to being in slavery like marriages for the rest of their lives. Girls who are victims of servile marriages experience domestic servitude, sexual slavery and suffer from violations to their right to health, education, non-discrimination and freedom from physical, psychological and sexual violence. 

Every year an estimate of 10 million girls are married before they reach 18. In the most appalling of these cases, little girls as young as eight years old are being married off to men who may be three or four times their age. 

Child marriage cuts across countries, cultures, religions and ethnicities; 46% of girls under 18 are married in South Asia; 38% in sub-Saharan Africa; 29% in Latin America and the Caribbean; 18% in the Middle East and North Africa; and in some communities in Europe and North America too.   

Child marriage is a violation of all the rights of the child. It forces children, particularly girls, to assume responsibilities for which they are often physically and psychologically not prepared for.   

Girls who are forced to marry face a life of violence in the home where they are physically and sexually abused, suffer from inhuman and degrading treatment and ultimately slavery. 

Early marriages also impacts on girls’ right to education, health, and participate in the decisions that affect them. Girls who marry early often drop out of school, significantly reducing their ability to gain skills and knowledge to make informed decisions and to earn an income. An obstacle to girls’ and women’s empowerment, it also hinders their ability to lift themselves out of poverty. 

Child brides are more likely to get pregnant at an early age and, as a result, face higher risk of maternal death and injury due to early sexual activity and childbearing. 

  

A vast array of international instruments recognizes the right to free and full consent to marriage. In particular, the Convention on the Elimination of All Forms of Discrimination against Women states that the marriage of a child shall have no legal effect, and the Convention on the Rights of the Child, requires States parties to take all effective and appropriate measures with a view to abolishing practices that are harmful to children. 

Today, on the first United Nations International Day on the Girl Child, we call on States to increase the age of marriage to 18 years of age for girls and boys without exception and adopt urgent measures to prevent child marriage. As with all forms of slavery, forced early marriages should be criminalized.  They cannot be justified on traditional, religious, cultural or economic grounds. 

However, an approach which only focuses on criminalization cannot succeed in effectively combating forced early marriages. This should go hand in hand with public awareness raising campaigns to highlight the nature and harm caused by forced and early marriages and community programmes to help detect, provide advice, rehabilitation and shelter where necessary. In addition, birth registration should be made universal to support proof of age and prevent forced early marriage. 

On this International Day of the Girl Child, we remind States of their obligation to promote and protect the rights of girls and that harmful practices against girls, including early and forced marriage should be put to an end, in accordance with international law. 

No girl should be forced to marry. No girl should be committed to servile marriage, domestic servitude and sexual slavery. No girl should suffer from violations to their right to health, education, non-discrimination and freedom from physical, psychological and sexual violence. Not a single one.” 

ENDS 

Girls who are forced to marry are committed to being in slavery like marriages for the rest of their lives

(*) This joint statement was issued by the UN Committee on the Rights of the Child, UN Committee on the Elimination of Discrimination against Women, the UN Special Representative of the Secretary General on Violence against Children, the UN Special Rapporteur on Sale of children, child prostitution and child pornography, the UN Special Rapporteur on Contemporary forms of Slavery, including its causes and consequences, the UN Special Rapporteur on violence against women, the UN Special Rapporteur on trafficking in persons, especially women and children and the UN Working Group on Discrimination against Women in Law and Practice. 

Report on servile marriages: http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G12/151/67/PDF/G1215167.pdf?OpenElement 

Check the Convention on the Elimination of All Forms of Discrimination against Women: http://www2.ohchr.org/english/law/cedaw.htm, and the Convention on the Rights of the Child:http://www2.ohchr.org/english/law/crc.htm

Investigation finds charge of rape established against doctor

The police in Assam have filed a charge-sheet in the court against a doctor for raping his patient. The charge-sheet under section 376 of the Indian Penal Code, 1860 has been filed by the officer-in-charge of the Dholai police station (PS) on 13 March 2012 at the Court of the Chief Judicial Magistrate in the district of Cachar after investigation of a case filed by a minor girl on 27 November, 2011.

This is disclosed recently by the district superintendent of police (SP) in Cachar in a report (vide No. G/SR/1281 dated 16/03/12) submitted to the Deputy Registrar of the Assam Human Rights Commission (AHRC) in response to a notice of the AHRC.

The report states that the survivor lodged a First Information Report (FIR) at Dholai PS inter alia alleging that on 27 November, 2011 at about 4 PM the complainant being accompanied by her sister in law (name withheld to protect identity) had been to the chamber of Dr Dilip Paul at Sadagram (Dholai Bazar) where he refused to check her up.

Instead, he asked her to be in his residential chamber for her check up and treatment. On her arrival at his residential chamber the accused doctor asked her to go inside while her sister in law was asked to wait outside. As soon as she entered the house, the accused doctor closed the door and window from the outside and forcibly raped her.

The AHRC issued a notice to the SP for a detailed report about the case after it registered a case of human rights violations (vide AHRC Case No. 302/2/11-12.) on the complaint filed by the Barak Human Rights Protection Committee (BHRPC).

The report of the SP, however, mentions that the medical test conducted after the investigation of the case started do not corroborate the allegations of the victim as well as those of the BHRPC against the doctor. It says that (1) evidence of recent sexual intercourse not detected, (II) evidence of violent mark not detected in her private parts and (III) her age is above 18 years and below 20 years.

The BHRC claimed that the victim/survivor is a minor girl studying in class IX.

However, on the examination of the witnesses of the complainant, witnesses of the accused and the place of occurrence the investigating police officer found that charge under section 376 of the IPC which provides punishment for rape is established, states the SP.

When the AHRC asked the BHRPC for its comments on the report of the SP the latter submitted a detailed response pointing out why the medical report can not be relied upon. According to the BHRPC the medical report can not be relied upon because (i) there was inordinate delay in conducting the test; (ii) the report goes against the circumstantial evidences; (iii) the report goes against the accounts of the witnesses as recorded by the police; and (iv) the element of sympathy of the doctors who conducted the test towards the doctor who is the alleged violator creeping in and vitiating the objectivity of the findings can not be ruled out as both of them are colleagues and belong to the same profession.

The BHRPC also said that the filing of charge-sheet by the police will facilitate the criminal court to conduct trial on the criminal aspect of case in order only to fix criminal liability and proportionate penal measure called for under the law. It is not the domain of the trial court to consider human rights liability of the violator and remedies to the victim/survivor. Therefore, it comes under the jurisdiction of the Commission to fix human rights liability and more importantly to provide redress to the victim/survivor in terms of adequate compensation.

The BHRPC in its submission urged the AHRC to recommend to the authorities to provide an adequate amount of compensation to the victim/survivor; and while fixing the quantum of the compensation the AHRC should take into consideration the aggravating factors involved in the case such as (a) that the alleged violator is a government servant paid from the state exchequer for acting as savoir for those who are in physical distress; (b) that the victim/survivor went to the alleged violator in full trust as his position demands; (c) that the alleged violator took benefit of position of custodian of the victim/survivors at the moment of commission of the violating acts; (d) that the case has a clear custodial angle; (e) that the age and social and other circumstances of the victim/survivor are such that the minor girl has had an entire life full of colours but which has been destroyed beyond repair for no faults of hers and her life has become an undesirable and unbearable burden on her fragile shoulders.

(This has also been published in the Newsblaze and is available at http://newsblaze.com/story/20120513124721lask.nb/topstory.html

Assam police harassed and threatened a rape victim

Waliullah Ahmed Laskar

A 20 year-old-woman by her father-in-law in Cachar district in the North East Indian state of Assam. The victim was raped because she belongs to a poor family and was unable to provide the dowry during the time of her marriage. A complaint was then lodged to the local police station but to-date no action has been taken. Instead, the victim was threatened by the investigating officer to withdraw the complaint.

On December 2009, Mrs. Sonia (name changed) aged about twenty years was married to Mr. Pabitra Das. Sonia's husband Pabitra does not have any proper source of income for their livelihood. He sells low quality ornaments in remote villages. Sonia's father-in-law, Mr. Haricharan Das is a widower and works as a teacher in a government school.

Sonia belongs to a poor family and her father Mr. Dondodhar Das could not provide sufficient dowry during the time of her marriage. Sonia alleged that after four/five months after her marriage, her husband's family demanded Rs. 50,000/= and a bicycle as dowry. When Sonia expressed her father's inability to provide the demanded dowry, the entire family of her husband gradually started subjecting Sonia to mental and physical harassment. This was perpetrated mainly by Sonia's father-in-law.

Sonia's husband, and his unemployed younger brother Mr. Jayanta Das, used to leave home early in the morning everyday in search of work and return around 10pm. Sonia alleged that her father-in-law Haricharan beat her one day in his son's absence and forced Sonia to have sex with him. This incident left Sonia traumatised. Sonia was at her wit's end and could not tell anyone out of shame, disgust and fear. She has since been compelled to have sex with her father-in-law on several occasions.

The conditions became unbearable for Sonia that finally she told everything to her husband. Pabitra, instead of trusting his wife, hurled verbal abuse at her and accused Sonia of trying to malign his father and his relatives with the intension of breaking up the family. Sonia could no longer endure the agony and anguish and returned to her maternal home on July 2010. Sonia told her father and mother about the demand of dowry, ill-treatment and cruelty towards her but did not tell them of rape and molestation by her father-in-law.

Sonia's father Dondodhar thought it was a normal wear and tear of conjugal life or at most a little ill-treatment for dowry. Dondodhar insisted that his daughter reconcile with her husband and their family so that she could start a new life, forgetting the past incidents. Dondodhar along with other village elders went to Haricharan's house to discuss all matters other than the sexual harassment of his daughter Sonia. Sonia was then told by her father to stay with her husband and their family after the discussion.

It is reported that on September 2010 Haricharan with his whole family moved to Dhoomkar village from Salimabad. The place was new for Sonia and she did not know anyone. At this juncture, Haricharan once again started sexually assaulting his daughter-in-law. When Sonia could no longer bear to keep quiet and suffer in silence she told her husband on 29 November 2010. Pabitra became furious as he was already convinced of his father's innocence and started beating Sonia. Sonia's father-in-law and brother-in-law, Jayanta, joined him in assaulting Sonia.

Sonia alleged that the three men were trying to kill her and later that night at around 10 pm managed to escape the house. The father and sons tried to follow Sonia but could not trace her in the darkness. Mr. Somorendra Deb, resident of Dhoomkar and other passers-by including Ms. Ratna Das, President of Korkori Gaon Panchayat and Mr. Narat Lal Das, Vice-president of Korkori Gaon Panchayat found Sonia, gave her shelter, and informed the local police.

It is reported that on 30 November 2010 Sonia lodged a complaint to the Kalain police outpost but it was not registered in the police station. Therefore, Sonia filed two other complaints in the Court of Chief Judicial Magistrate (CJM), Silchar on 6 December 2010. The CJM clubbed both the complaints together and directed the Katigorah Police Station (PS) to register a First Information Report (FIR) and investigate the case.

Thereafter, an FIR was registered at Katigorah PS as Case no. 666/10 under Sections 376 (punishment for rape) and 498A (husband or relative of husband of a woman subjecting her to cruelty) of the Indian Penal Code, 1860 (IPC) against Sonia's husband Pabitra, brother-in-law Jayanta and Haricharan, father-in-law. Mr. Prabhat Saikia, a Sub-Inspector of Police and In-Charge of Kalain police outpost was made the Investigating Officer (IO) of the case.

However, the police did not take any actions to investigate the case based on the FIR. Instead, the IO met the victim, Sonia, and pressured her to withdraw the complaint and to settle the matter amicably. Sonia alleged that the IO threatened to render her family beggars and homeless if she continued to pursue the case in courts or any other legal forums.

On 30 December 2010, Sonia wrote a written complaint to the district Superintendent of Police (SP) about the misconduct of the IO and requested the SP to intervene in investigating her case. There has been no response or action from the SP as yet on Sonia's complaint.

Woman forced to quit job and denied justice after sexual harassment

Woman forced to quit job and denied justice after sexual harassment

Waliullah Ahmed Laskar

Barak Human Rights Protection Committee (BHRPC) published a report on the case of Ms. Lara (name changed to protect identity), a victim of sexual harassment from Assam state. It is reported that the victim had to resign from her job since her superior colleagues tried to sexually molest her. On the day of her resignation, the suspected officers tried to rape the victim at their office. The police, despite having registered a case against the suspects are now demanding the victim to forgive the suspects and settle the case.

It is reported that on 2 December 2010 at about 2.30pm, Lara's two senior colleagues, Mr. Sandip Sarkar and Mr. Rajeeb Nath, assaulted, molested and attempted to rape Lara at the office of her company. Lara worked as an office assistant and computer operator at Rose Valley Chain Marketing System Ltd., first at Aizwal Branch in Mizoram state and subsequently at Bhaga Branch in Assam state in India. The incident happened at the regional office of the company, where she was asked to report by her seniors. The company where Lara was employed is a subsidiary of Rose Valley Group with Registered Head Office at RGM-25/3010, Raghunathpur, VIP Road, Kolkata - 700059, West Bengal.

Sarkar is the Assistant Regional Manager at the regional office at Silchar, Assam state. Sarkar called Lara on 18 November 2009 at about 9pm on her mobile telephone and demanded sexual favours from Lara. Lara refused and requested Sarkar not to use such language with her in the future. Due to this, Lara alleges that Sarkar deliberately transferred her from her hometown Aizawl, Mizoram state to an office in Bhaga which is nearer to the regional office (about 45 Kilometres from Silchar).

Lara alleges that Sarkar then repeatedly called her and continued using unsolicited and sexually implicit language in the conversations, despite Lara's request to stop it. Lara claims that Sarkar also tried requesting Lara's colleague, Ms. Dolly (name changed), to convince Lara to pay heed to Sarkar's unsolicited demands. Both Lara and Dolly being subordinate staff were helpless and worse, it was impossible for them to avoid Sarkar's calls.

On one occasion Sarkar asked Lara and Dolly to come at Silchar regional office at 4pm. Lara and Dolly informed Sarkar that the last bus from Silchar to Bhaga stops at 4pm, so it would be impossible for them to return. Sarkar then offered Lara and Dolly to stay at a hotel at Silchar. However, they refused to travel to Silchar on that occasion.

Both Lara and Dolly complained to the Senior Marketing Officer Mr. Mrinal Kanti Dutta about the harassment to which Sarkar subjected them. Dutta enquired into the matter. Instead of taking action against Sarkar, Dutta and the vigilance officer of the company requested Lara and Dolly to forgive Sarkar for the sake of the company’s name and goodwill.

Lara alleges that due to the complaint, Sarkar withheld her salary increment by misusing his senior position in the company. It is alleged that soon another senior colleague, Mr. Rajeeb Nath, became Sarkar's accomplice in his misadventures against Lara. Nath contacted Lara and informed her that her pending salary increment would be released only if Lara agreed to Sarkar's unsolicited requests for sexual gratification. Nath also informed Lara that she would be posted to her hometown Aizawl branch should she comply. Lara once again refused to yield to the demands. Sarkar and Nath continued harassing Lara regularly over the mobile telephone continuously then on.

The situation gradually became so unbearable to Lara that she decided to resign. Lara submitted her resignation letter on 2 November 2010 to Mr. Jyoti Prasad Mohan, the Regional Manager, requesting the company to relieve her from the job on 30 November 2010. The same day, Lara went to the regional office at Silchar for the final settlement of her salary and other dues including the amount due to her from the Employees' Provident Fund. Lara reached the regional office at Silchar by noon and found the Regional Manager not at the office.

Sarkar was in-charge of the regional office in the absence of the Regional Manager. It is alleged that Sarkar intentionally kept Lara waiting outside his cabin until 2.30pm. When Lara entered the cabin and took a seat, Sarkar called Nath over his extension to visit him. Nath came to the room immediately. Thereafter, both Sarkar and Nath asked Lara to stay in a hotel and have sex with them. They also told Lara that all her problems would be resolved if she obliged.

Lara sternly rejected the proposal and stood up from the chair. Suddenly, both Sarkar and Nath jumped over Lara and assaulted her physically. Both tried to overpower Lara and rape her then and there. Lara gathered strength and started shouting for help. Other colleagues in the office assembled near the room after hearing Lara shouting for help. However, Sarkar and Nath managed to escape from the office. Lara alleges that Sarkar was vigorously trying to remove her shirt. While they escaped, Sarkar snatched Lara's gold chain that she was wearing. In the attempt to snatch the chain, Sarkar tore off Lara's shirt. Lara alleges that the chain is worth Rs. 15,000.00.

Immediately after the incident, Lara filed a complaint at the Vairangte Police Station in Kolasib district, Mizoram state. The officer-in-charge (OC) forwarded the complaint to the Silchar Sadar Police Station on 3 December 2010. It was reported that on 4 December 2010 the OC of Silchar Sadar Police Station registered a case, number 2254 under Sections 342 (punishment for wrongful confinement), 354 (assault or criminal force to woman) and 427 (mischief causing damage) read with Section 34 (criminal conspiracy) of the Indian Penal Code, 1860 (IPC) against Sarkar and Nath.

It is also reported that Mr. Puia, Sub-Inspector of police is the Investigating Officer (IO) in the case. Lara alleges that the IO did not show any interest in investigating the case. Instead, the IO made several calls to Lara from various telephones asking her whether she wanted to rejoin the company or would join any other work. The IO expressed his readiness to help Lara in either way. According to Lara, the IO made his last call from the mobile number +91-94352 95037 at 6.27pm on 18 January 2011.

Lara suspects that the police is under the influence of Sarkar and Nath, for which they are using their position in the company. Lara alleges that the case would never be investigated and even today the police have failed to properly record her statement or to question other witnesses to the incident. Lara also fears that she will receive no further protection from her assailants, should they try to hurt her further or threaten her.

Soldiers run amok in Assam village, try to rape minors

Soldiers run amok in Assam village, try to rape minors

Submitted by admin4 on 27 May 2010 - 4:13pm.

Published in Twocircles.net at http://www.twocircles.net/2010may27/soldiers_run_amok_assam_village_try_rape_minors.html

·         Crime/Terrorism

·         Indian Muslim

By Waliullah Ahmed Laskar for TwoCircles.net,

Guwahati: In another atrocious incident in Assam, soldiers of the Indian army illegally raided several houses in a village and indiscriminately beat up people including bed-ridden aged persons, expectant mother causing miscarriage, children and disabled persons causing them grievous injuries in the district of Hailakandi on 23 May, 2010. They molested young girls and attempted to rape them. They also reportedly robbed a family of all their cash and other valuables. There is strong fear among the villagers that the incident may be repeated and worse. Extrajudicial killings by state agents are common in this part of India, and impunity remains a severe problem.

Wreaked havoc at Nurul Hoque Barbhuiya’s house

Barak Human Rights Protection Committee (BHRPC) received information that at about 3.30 am on 23 May, 2010 a group of 16/17 soldiers belonging to the artillery 11 field regiment from their base at Arunachal, Silchar knocked at the door of Mr. Nurul Hoque Barbhuiya (known to the local people as Samoi Panchayat) in the village of Mohanpur under the jurisdiction of Algapur police station in the district of Hailakandi in Assam. Nurul Hoque Barbhuiya, 42, is former president of Mohanpur Gaon Panchayat (GP, elected village level local government body, village counterpart of municipality) and husband of the present president. The soldiers were in uniform and their faces were covered with black clothes. They were not accompanied by a police officer or any other representative of the civil administration.

When the present GP president Mrs. Hawatun Nesa, wife of Nurul Hoque Barbhuiya, aged about 30 years, opened the door the soldiers entered the house and asked for Samoi Panchayat, her husband. She told them that he did not return home last night from the house of a relative in another village where he went the day before. They started searching for him in all the rooms and asked the inmates to get up from bed. They wrung the throat of 82-year-old bed-ridden father of Samoi Panchayat Mr. Mashur Ali Barbhuiya because he could not immediately drag his body from the bed, which normally he hardly can do without help. They also beat up 65-year-old mother of Samoi Panchayat Mrs. Fulerun Nesa accusing her of hiding her son. The soldiers then started breaking and destroying household goods such as furniture including chairs, tables, beds, drawers, wardrobes etc. and utensils.

Abused women, tried to rape young girls

Mrs Hawatun Nesa Barbhuiya stated that when in the morning at approximately 7.30 am people from the locality tried to see what is going on the soldiers opened fired. They fired in the air three times at which the whole village got terrified. She was not allowed to feed her five children and ailing elders till the soldiers left her house at about 2.30 pm in the afternoonevening. When she tried they abused her and threatened her by pointing gun at her ear and they forced her to serve them tea and snacks several times.

[Photo by outlookindia.com]

Her daughters Farhat Parvin Kawsar Barbhuiya aged about 9, Rahat Parvin Kawsar Barbhuiya aged 7, and sons Fuzail Ahmed Barbhuiya aged about 6, Suhail Ahmed Barbhuiya aged about 5 and Mikail Ahmed Barbhuiya aged 3 were badly traumatised. BHRPC members observed that the children developed some syndrome of trauma such as they could not sleep well in the night due to several interruptions by nightmares, they even experience hallucinations that armed men are trying to kidnap them in waking hours, they shudder and break down into weeping even at indirect mentions of the incidents.

In the mean time, some of the soldiers went to the adjacent house belonging to Mr Moinul Hoque Barbhuiya and purportedly searched for Samoi Panchayat. Mrs Rejwana Parvin Barbhuiya, aged about 24, the eldest daughter of Moinul Hoque who is married and came for a few days to her father’s house, stated that two soldiers seriously misbehaved with her younger sisters namely Sabina Yasmin Barbhuiay aged about 14, a student of class VIII, and Shahnaj Yasmin Barbhuiya aged about 17 and studying in class XI. The soldiers repeatedly proposed them for sex and elopement in front of all family members and other soldiers. They grabbed their hands and engaged in scuffling with them. They also told the girls that they are soldiers with big guns and they can do anything with them. The soldiers threatened that if they would not comply they would be abducted and raped. Rejwana told that she managed to protect the girls somehow from the worst. But they also got traumatised.

Took away valuables

Mrs Hawatun Nesa also stated that the soldiers took away items of apparel, cosmetics, utensils and jewellery etc. bought to be given as wedding gift to Shahnaj at her marriage fixed to be solemnised on 26 May, 2010 worth approximately Rs. 70, 000.00 (seventy thousand) and Rs. 20, 000.00 (twenty thousand) cash. She also stated that the soldiers took signatures of Rejwana and herself in a paper written something on it which they did not allow her to read and they used her official stamp in the paper. They did it at gun point. The soldiers took away some official documents and papers belong to the GP office. They also took away two mobile phones with SIMs with the numbers +919854621923 and +919435582945 used by Mr. Nazim Uddin, brother of Hawatun Nesa, and Hawatun Nesa respectively. However, the mobile used by her brother was returned to Hawatun Nesa on 25 May, 2010. She filed a complaint to the officer in charge (OC) of Algapur Police Station (PS) but police did not register a First Information Report (FIR).

Ran amok in the village

Some other soldiers were also on rampage at the same time in other parts of the village. At about 5 am they raided the house of Mr. Mujammil Ali Barbhuiya, aged about 35, son of late Namor Ali Barbhuiya of Mohanpur part VI, half a kilometre away from the house of Samoi Panchayat. Mujammil Ali lives on farming his lands and at that time he was preparing to go to his field for work. Soldiers stopped him and asked whether he knows the whereabouts of Samoi Panchayat. But at his expression of ignorance they started beating him with the butts of gun and bamboo sticks. When he fell to the ground they kicked him incessantly. His clothes were torn into pieces. When his wife Mrs Rushna Begum Barbhuiya tried to rescue him they also beat her up.

They left severely injured Mujammil Ali when they saw another old man Mr. Abdul Jalil Laskar, aged about 65, in the street, who was going to the nearby mosque to participate in the morning prayer. They grabbed him and without much ado started administering severe blows of gun butts and bamboo sticks on the fragile body of the old man. When people tried to intervene they were also beaten up. Mrs. Latiful Begum Barbhuiya, a woman aged 35, Sharmina Begum, a girl aged 12 and a mentally retarded boy Imran Hussain aged about 14 were also badly beaten up. Even an expectant mother of about 9 months of gestation Mrs. Suretun Nesa (aged about 30, wife of Altaf Hussain Barbhuiya) was not spared. The soldiers kicked her in the abdomen and as a result she suffered miscarriage on 25 May, 2010 at the Silchar Medical Collge and Hospital, Silchar.

Another group of soldiers at about 6 am went to a nearby house belonging to Amit Das (known also as Sona Das, aged about 35, son of late Umesh Das). They also asked him about Samoi Pachayat and when he told them that he did not know where he is, they started beating him. He sustained injuries on his legs and is under treatment in the Community Health Centre, Algapur. It is also reported that soldiers even tried to prevent the wounded and injured from going to hospital.

Samoi Panchayat is a respected villager

The villagers are as much terror struck as surprised by the incidents. They are at a loss to explain the incidents as there is no complaint against Samoi Panchayat with the police or any other authorities. He is a peace loving public spirited person.

According to the persons BHRPC team spoke to, Samoi Panchayat is a very respectable person in the village. People love and trust him. He was elected as the GP president for two consecutive terms and when in the last election the seat fell under the quota for women his wife got elected with a huge margin. Some villagers requesting anonymity told that they saw political conspiracy behind the incidents. Neither Samoi Panchayat nor his wife is a member of a political party. They are independent politicians. They also don’t divide funds for rural development schemes that are implemented by the Panchayat among politicians and officials as is the practice in many other GPs. These villagers think that some of the politicians, most probably, belonging to ruling Congress party might want to teach Samoi Panchayat a lesson and for this purpose they are using the army.

There are fears among the villagers for the safety of Samoi Panchayat and two girl children Sabina and Shahnaj. BHRPC is also very concerned for their safety and physical and psychological integrity of all victims and other villagers.

It is obvious that the actions of the soldiers don’t come within the rules of any civilised society. They not only violated human rights of the villagers but also violated the law of the land and committed serious crimes of house trespass, robbery, grievous hurt, causing miscarriage, attempted rape, molestation, assault, criminal intimidation and so on with intent to terrorise the people for political purpose like members of a terrorist group.

Link:

http://bhrpc.wordpress.com
(The writer is Freelance Reporter and Human Rights Activist with Barak Human Rights Protection Committee)

http://www.twocircles.net/2010may27/soldiers_run_amok_assam_village_try_rape_minors.html