NEPAL: Dalit woman beaten for seeking earthquake relief

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-083-2015
ISSUES: Caste-based discrimination, Rule of law, Threats and intimidation, Violence against women,

Dear Friends,

The Jagaran Media Center (JMC) has informed the Asian Human Rights Commission that A Dalit woman, who queued up to receive relief materials after suffering loss in the Great Earthquake of 25 April, has been beaten black and blue. The beating by local non-Dalit Deepak Bhattarai’s family members has resulted in Saraswoti Sunar, aged 35, resident of Ramkot 4 (currently Nagarjune Municipality 7), sustaining a broken arm. This did not take place in rural Nepal, but in the capital Kathmandu itself.

CASE NARRATIVE:

The Jagaran Media Center (JMC) has reported that a local non-Dalit family has beaten a Dalit woman named Saraswoti Sunar over a row related to earthquake relief distribution on 12 May 2015. An organization named World Vision Nepal has been distributing two tents and blankets to families affected by the earthquake to the locals of Nagarjune Municipality. 

Being an earthquake victim, Saraswoti queued up at 11 a.m. to receive the tents and blankets. The organization, however, started distributing the relief materials only after 3 p.m. When Saraswoti found that her name was not called up to receive relief, she went to inquire, and found that the relief material meant for her had already taken by local non-Dalit Rajan Giri.

Being surprised, she started asking how relief materials meant for her were given to Rajan Giri, and Deepak Bhattarai, a local coordinating the relief replied, “You would not get it, as that relief material was for Saraswoti Bhattarai”. 

Not being satisfied with this answer, she also found that relief material meant for another local Dalit, Khadga Bahadur Bishwokarma, had also taken by a local non-Dalit, Gyani Tamang. 

Saraswoti protested at the site. In response, Deepak’s son Deepesh used foul words: “You Dalit will not get relief”. And then the Bhattarai family members started beating her.

Saraswoti was taken to National Trauma Centre, after it was found that her treatment was not possible at the local health facility.

Dr. Biplav Sapkota at the Trauma Centre informed representatives of JMC that the joint on the left hand joint is broken and that the injury is in such a place that it is not possible to put a plaster. The doctor recommended physiotherapy and the intake of medicines as treatment instead.

After the issue was exposed, the Bhattarai family tried to reconcile at the Bhimdhunga Police Office, and forced her to settle the issue locally. The victim tried to register a First Information Report (FIR) at the Metropolitan Police Circle (MPC) Hanumandhoka. However, District Superintendent of Police (DSP) Dinesh Kumar Acharya refused to record her complaint.

Finally, Saraswoti was able to file a case at the District Court Kathmandu on 14 June 2015. However, there is no progress yet and the hearing has been scheduled for 12 July 2015. 

Now the Bhattarai family has been threatening Saraswoti and has even threatened her with death. They have openly threatened Saraswoti that she cannot do anything against them, as one of their relatives named Madan Bhattarais works at the Supreme Court. 

It should be noted that the same family has beaten Saraswoti on the pretext of touching a Water Tank earlier. 

This incident is an example on what is happening during relief distribution in Nepal. If this is the situation in Kathmandu, what can other citizens in far-flung areas expect from the government. On the other hand, when AHRC contacted World Vision Nepal on this issue, Surendra Dhakal, Humanitarian Emergency Manager, was very diplomatic to rubbish the issue by claiming that World Vision had been more focused on providing relief to earthquake victims, and they will continue their relief distribution. 

The AHRC urges the World Vision International (parent body) to probe this incident and punish those officers from World Vision Nepal (subsidiary body) found involved in practicing such discriminatory behavior. As far as the Nepal State goes, Deepak Bhattarai and his family members involved in the incident must be punished. Departmental action must be taken against DSP Dinesh Kumar Acharya of MPC Hanumandhoka, for refusing to register a complaint. Most importantly, Saraswoti Sunar should be provided free medical treatment and security. She has been receiving threatening calls and needs protection. 

SUGGESTED ACTION:
Please send letters to the authorities listed below, expressing concern about this act of caste-based discrimination, and requesting immediate intervention. 

The AHRC has written a separate letter to the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance calling for his intervention into this matter.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear,

NEPAL: Dalit woman beaten for seeking earthquake relief

Name of victim: Ms. Saraswoti Sunar (35), Ward 1, Ramkot Village Development Committee (VDC), Kathmandu District
Names of alleged perpetrators:
1. Mr. Deepak Bhattarai & his family members, Ward 1, Ramkot Village Development Committee (VDC), Kathmandu District
2. Mr. Dinesh Kumar Acharya, Deputy Superintendent of Police, attached to the Metropolitan Police Circle Hanumandhoka, Kathmandu, Nepal.
Date of incident: 12 May 2015 to present
Place of incident: Ward # 1, Ramkot Village Development Committee (VDC), Kathmandu District, Nepal

I am writing to voice my deep concern regarding a Dalit woman Saraswoti Sunar, aged 35, who queued up to receive relief materials after suffering loss in the Great Earthquake of 25 April, has been beaten black and blue. The beating by local non-Dalit Deepak Bhattarai’s family members has resulted in Saraswoti Sunar, resident of Ramkot 4 (currently Nagarjune Municipality 7), sustaining a broken arm on 12 May 2015. An organization named World Vision Nepal has been distributing two tents and blankets to families affected by the earthquake to the locals of Nagarjune Municipality. 

Being an earthquake victim, Saraswoti queued up at 11 a.m. to receive the tents and blankets. The organization, however, started distributing the relief materials only after 3 p.m. When Saraswoti found that her name was not called up to receive relief, she went to inquire, and found that the relief material meant for her had already taken by local non-Dalit Rajan Giri.

Being surprised, she started asking how relief materials meant for her were given to Rajan Giri, and Deepak Bhattarai, a local coordinating the relief replied, “You would not get it, as that relief material was for Saraswoti Bhattarai”. 

Not being satisfied with this answer, she also found that relief material meant for another local Dalit, Khadga Bahadur Bishwokarma, had also taken by a local non-Dalit, Gyani Tamang. 

Saraswoti protested at the site. In response, Deepak’s son Deepesh used foul words: “You Dalit will not get relief”. And then the Bhattarai family members started beating her.

Saraswoti was taken to National Trauma Centre, after it was found that her treatment was not possible at the local health facility.

Dr. Biplav Sapkota at the Trauma Centre informed representatives of JMC that the joint on the left hand joint is broken and that the injury is in such a place that it is not possible to put a plaster. The doctor recommended physiotherapy and the intake of medicines as treatment instead.

After the issue was exposed, the Bhattarai family tried to reconcile at the Bhimdhunga Police Office, and forced her to settle the issue locally. The victim tried to register a First Information Report (FIR) at the Metropolitan Police Circle Hanumandhoka. However District Superintendent of Police (DSP) Dinesh Kumar Acharya refused to record her complaint.

Finally, Saraswoti was able to file a case at the District Court Kathmandu on 14 June 2015. However, there is no progress yet and the hearing has been scheduled for 12 July 2015. 

Now the Bhattarai family has been threatening Saraswoti and has even threatened her with death. They have openly threatened Saraswoti that she cannot do anything against them, as one of their relatives named Madan Bhattarais works at the Supreme Court. 

It should be noted that the same family has beaten Saraswoti on the pretext of touching a Water Tank earlier. 
This incident is an example on what is happening during relief distribution in Nepal. If this is the situation in Kathmandu, what can other citizens in far-flung areas expect from the government. On the other hand, when AHRC contacted World Vision Nepal on this issue, Surendra Dhakal, Humanitarian Emergency Manager, was very diplomatic to rubbish the issue by claiming that World Vision Nepal had been more focused on providing relief to earthquake victims, and they will continue their relief distribution. 

I therefore urge the World Vision International (parent body) to probe this incident and punish those officers from World Vision Nepal (subsidiary body) found involved in practicing such discriminatory behavior. As far as the Nepal State goes, Deepak Bhattarai and his family members involved in the incident must be punished. Departmental action must be taken against DSP Dinesh Kumar Acharya of MPC Hanumandhoka, for refusing to register a complaint. Most importantly, Saraswoti Sunar should be provided free medical treatment and security. She has been receiving threatening calls and needs protection. 

I look forward to your immediate attention in this matter.

Yours Sincerely,

……………….

PLEASE SEND YOUR LETTERS TO:

1. Mr. Sushil Koirala
Prime Minister
Office of the Prime Minister and Council of Ministers of Nepal
Singh Darbar, Kathmandu
P.O. Box: 23312
NEPAL
Tel: +977 1 4211000
Fax: +977 1 4211086
Email: info@opmcm.gov.np

2. Mr. Bamdev Gautam
Home Minister of Nepal
Ministry of Home Affairs
Singh Darbar, Kathmandu 
NEPAL
Fax: +977 1 421-1257, 421-1286
Email: gunaso@moha.gov.np

3. Mr. Anupraj Sharma
Chairperson
National Human Rights Commission
Pulchowk, Lalitpur
NEPAL
Fax: +977 1 55 47973
Tel: +977 1 5010015
E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org

4. Mr. Baburam Kunwar
Office of Attorney General 
Ramshah Path, Kathmandu
NEPAL 
Tel: +977 1 4240210, +977 1 4262548, +977 1 4262394
Fax: +977 1 4262582 / 4218051
Email: info@attorneygeneral.gov.np

5. Mr. Upendra Kant Aryal
Inspector General of Police
Police Head Quarters 
Naxal, Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432
Email: phqigs@nepalpolice.gov.np

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-083-2015
Countries : Nepal,
Issues : Caste-based discrimination, Rule of law, Threats and intimidation, Violence against women,