Case IND 010709.VAW.CC
VIOLENCE AGAINST WOMEN/ CHILD CONCERN
Sexual Abuse by Police/ Intimidation/ Threats/ Abuse of power by Police to force woman victim to withdraw complaint/ Fear of impunity
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.
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 Dharanidhar Pati was not withdrawn immediately.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."
Please write to the authorities in India urging them to:
Regional and local addresses:
Ambassadors:
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.
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