INDIA: Minor girls forced into sex trade after being trafficked in Assam

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-093-2015
ISSUES: Child rights, Corruption, Human trafficking, Impunity, Right to fair trial, Rule of law, Sexual violence, Victims assistance & protection,

Dear Friends, 

The Asian Human Rights Commission (AHRC) has received information about two girls having been forced into the sex trade after being trafficked by a relative. Government officials in a government office and in a private residence repeatedly raped the two girls for two days. The incident came to light after the incident was reported by family members to a local women’s organization, base in Diphu. A case has been registered in Diphu Police station. The perpetrators have, however, not been arrested by the police till date. Instead they have been granted interim bail by the High Court.

CASE NARRATIVE: (Based on documentation by Impulse NGO Network, Shillong)

The AHRC has learned that on Tuesday, 26 May 2015, at around 2 p.m., Ms. Reena Ronghangpi approached two girls, who happen to be her distant relatives, asking them to accompany her to Diphu Town. She assuring the girls that the expenditure would be borne by her. The two girls, Lily (15 years) and Sarita (15 years), residents of Kunthung Rongphar Village, agreed to accompany Reena to Diphu, without being aware of the consequences of their decision. (Note: the names of the two girls have been changed to protect their identity.)

On the same day, three of them boarded the train for Diphu. They reached Diphu Station in the evening. There they hired an auto rickshaw to heading towards Rongsamphri Village, where they ended up in a certain Ms. Lolita Ingtipi’s residence. They were warmly welcomed there, with hospitality, and were provided a separate room. 

In the morning of Wednesday, 27 May 2015, at around 7:30 a.m., Lily was asked by Lolita to accompany her to the Diphu Market to purchase vegetables. On the way, they came across the Inspector of School Office. Lolita said she had some work to discuss with a staff of the office, and Lily accompanied Lolita unknowingly. As they reached the office they went to a room, where a person was already present. Lolita pushed Lily inside the room. Lolita ran away towards the toilet to hide herself. Lily was molested by the man present and forced to have sexual intercourse with him. She refused and tried to run out of the room, but the room was kept locked from the outside. The man inside this room in the Inspector of School Office allegedly raped her.

The misery of the girl did not end there. Lily was brought back by Lolita to her residence, and in the afternoon, at around 1 PM, both the girls, Lily and Sarita was repeatedly raped, turn by turn by three unknown men in the room. The men were contacted by Lolita and Reena. In the course of the incident, both of them were present as security for the clients they had contracted. The volume of the television was kept loud so neighbors and passersby could not hear the girls’ screams. 

In the afternoon, on Thursday, 28 May 2015, one person, who was one among the three clients from May 27, raped both the girls again inside a room in Lolita’s house. Later, after the incident, both the lady pimps, Lolita and Reena, threatened the two victims not to disclose the incidents to anyone or else they would not get to go home. Afterwards, Reena took them out to the market. There, mobile phones, shirts, jeans, and handbags were purchased for both the victims. 

After the shopping, they were taken to the Diphu Railway Station and there they boarded the train for Hojai. As they reached Hojai, they were told to go home on their own by a tempo vehicle and they were given some money too. They reached their home i.e. Satgaon Baithalangso, at around 9:30 p.m.

Later, at the home, their parents recognized unusual paraphernalia, like new mobile phones, new dresses, etc., which they could not have afforded. Their parents enquired and the girls were reluctant to say what they have been through in Diphu. But, later they narrated the whole story. As the parents came to know about the involvement of Reena, every nook and corner of the Village was searched, but Reena was not found to be present in the Village. The anger of the girls’ guardians did not cool. 

On Sunday, 31May 2015, the family members went to Diphu Town and reported the matter to KNCA (Karbi Nimso Chingthur Asong), a local women’s organization. After the organization learned of the sequence of events from the parents, they acted on the matter and began a search for the two lady perpetrators. Both of the women were caught and beaten black and blue. Later they revealed the name of the culprits involved in the incident.

On the same day, following up on the First Information Report lodged by the family members, the two lady perpetrators were arrested, along with their family members. Following their confessions, the names of the four rapists came to light. The culprits have been identified as Mr. Hemari Kro (an official of the Inspector of School Office Diphu), Mr. PradipTimung(Deputy Director of Panchayat & Rural Development, Diphu Karbi Anglong), Mr. BirenKro (employee of Inspector School Office) and Dr. Anthony Phangcho (an official of Wildlife Trust of India,  Kokrajhar). 

Subsequently, in response to the pressure exerted by the women and the students organization Karbi Anglong, the two lady perpetrators, Reena Ronghanpi and Lolita Ingtipi, were booked under Case no: 199/2015 under Section 3(1) of The Immoral Traffic (Prevention) Act, 1956. 

The Section reads as follows:

“Any person who keeps or manages, or acts or assists in the keeping or management of, a brothel shall be punishable on first conviction with rigorous imprisonment for a term of not less than one year and not more than three years and also with fine which may extend to two thousand rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term of not less than two years and not more than five years and also with fine which may extend to two thousand rupees.”

The two women were also booked under the Protection of Children from Sexual Offences Act, 2012, by the Diphu Police Station and were remanded to judicial custody in Diphu District Jail.

The police department and the district administration have however displayed lethargy and leniency towards the four rapists, who belong to the top bureaucracy and are in influential positions. The police have not been able to arrest the men, who are enjoying the bail granted by the Guwahati High Court. The Judge Indra Shah has granted bail to the accused Timung on 18th June, Hemari Kro on 19th June, BirenKro on 27th June and to Dr. Anthony as well. The four of them personally appeared in the Diphu Police Station after the Guwahati High Court granted them interim bail.

On 6th July 2015, more than a month after the incident and the identification of the perpetrators, the Investigating Officer arrived at the Child Welfare Committee, Guwahati, with a photograph of all the four culprits, which was shown to the girls for confirmation. The girls, in the presence of the staff of the Seven Sisters Home, where the girls are now residing, have positively identified all four men. However, the case has not proceeded apace. The perpetrators are roaming free with the High Court having granted them bail. 

SUGGESTED ACTION:

Please write to the authorities listed below, asking them to investigate the rise in trafficking and sexual violence taking place in Assam, and to provide rehabilitation and compensation to the victims. The authorities must identify the perpetrators of this incident and prosecute and punish them without undue delay. 

The AHRC is writing a separate letter to the UN Special Rapporteur on the sale of children, child prostitution and child pornography requesting him to intervene in this matter.

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

SAMPLE LETTER

Dear ………………..,

INDIA: Minor girls forced into sex trade after being trafficked in Assam

Name of victims:
1. Miss Lily (name changed for protection) 
2. Miss Sarita (name changed for protection)

Names of alleged perpetrators:
1. Mr. HemariKro, an official of Inspector School office Diphu
2. Mr. PradipTimung, Deputy Director of Panchayat & Rural Development, Diphu, Karbi Anglong
3. Mr. BirenKro, employee of Inspector School Office 
4. Dr Anthony Phangcho, an official of Wildlife Trust of India (Kokrajhar) 
5. Ms. ReenaRonghangpi
6. Ms. Lolita Ingtipi

Date of incident: 27 – 28 May 2015 

Place of incident: Diphu Town, Assam

I am writing to express my deep and sincere concern about the increasing cases of trafficking and sexual violence in Assam. Miss Lily (15 years) and Miss Sarita (15 years) were forced into sex trade after being trafficked from the village by a relative. They were repeatedly raped for two days by four men. 

On Tuesday, 26 May 2015, at around 2 p.m., Ms. Reena Ronghangpi approached two girls, who happen to be her distant relatives, asking them to accompany her to Diphu Town. She assuring the girls that the expenditure would be borne by her. The two girls, Lily (15 years) and Sarita (15 years), residents of Kunthung Rongphar Village, agreed to accompany Reena to Diphu, without being aware of the consequences of their decision. (Note: the names of the two girls have been changed to protect their identity.)

On the same day, three of them boarded the train for Diphu. They reached Diphu Station in the evening. There they hired an auto rickshaw to heading towards Rongsamphri Village, where they ended up in a certain Ms. Lolita Ingtipi’s residence. They were warmly welcomed there, with hospitality, and were provided a separate room. 

In the morning of Wednesday, 27 May 2015, at around 7:30 a.m., Lily was asked by Lolita to accompany her to the Diphu Market to purchase vegetables. On the way, they came across the Inspector of School Office. Lolita said she had some work to discuss with a staff of the office, and Lily accompanied Lolita unknowingly. As they reached the office they went to a room, where a person was already present. Lolita pushed Lily inside the room. Lolita ran away towards the toilet to hide herself. Lily was molested by the man present and forced to have sexual intercourse with him. She refused and tried to run out of the room, but the room was kept locked from the outside. The man inside this room in the Inspector of School Office allegedly raped her.

The misery of the girl did not end there. Lily was brought back by Lolita to her residence, and in the afternoon, at around 1 PM, both the girls, Lily and Sarita was repeatedly raped, turn by turn by three unknown men in the room. The men were contacted by Lolita and Reena. In the course of the incident, both of them were present as security for the clients they had contracted. The volume of the television was kept loud so neighbors and passersby could not hear the girls’ screams. 

In the afternoon, on Thursday, 28 May 2015, one person, who was one among the three clients from May 27, raped both the girls again inside a room in Lolita’s house. Later, after the incident, both the lady pimps, Lolita and Reena, threatened the two victims not to disclose the incidents to anyone or else they would not get to go home. Afterwards, Reena took them out to the market. There, mobile phones, shirts, jeans, and handbags were purchased for both the victims. 

After the shopping, they were taken to the Diphu Railway Station and there they boarded the train for Hojai. As they reached Hojai, they were told to go home on their own by a tempo vehicle and they were given some money too. They reached their home i.e. Satgaon Baithalangso, at around 9:30 p.m.

Later, at the home, their parents recognized unusual paraphernalia, like new mobile phones, new dresses, etc., which they could not have afforded. Their parents enquired and the girls were reluctant to say what they have been through in Diphu. But, later they narrated the whole story. As the parents came to know about the involvement of Reena, every nook and corner of the Village was searched, but Reena was not found to be present in the Village. The anger of the girls’ guardians did not cool. 

On Sunday, 31May 2015, the family members went to Diphu Town and reported the matter to KNCA (Karbi Nimso Chingthur Asong), a local women’s organization. After the organization learned of the sequence of events from the parents, they acted on the matter and began a search for the two lady perpetrators. Both of the women were caught and beaten black and blue. Later they revealed the name of the culprits involved in the incident.

On the same day, following up on the First Information Report lodged by the family members, the two lady perpetrators were arrested, along with their family members. Following their confessions, the names of the four rapists came to light. The culprits have been identified as Mr. Hemari Kro (an official of the Inspector of School Office Diphu), Mr. PradipTimung(Deputy Director of Panchayat & Rural Development, Diphu Karbi Anglong), Mr. BirenKro (employee of Inspector School Office) and Dr. Anthony Phangcho (an official of Wildlife Trust of India,  Kokrajhar). 

Subsequently, in response to the pressure exerted by the women and the students organization Karbi Anglong, the two lady perpetrators, Reena Ronghanpi and Lolita Ingtipi, were booked under Case no: 199/2015 under Section 3(1) of The Immoral Traffic (Prevention) Act, 1956. 

The Section reads as follows:

“Any person who keeps or manages, or acts or assists in the keeping or management of, a brothel shall be punishable on first conviction with rigorous imprisonment for a term of not less than one year and not more than three years and also with fine which may extend to two thousand rupees and in the event of a second or subsequent conviction, with rigorous imprisonment for a term of not less than two years and not more than five years and also with fine which may extend to two thousand rupees.”

The two women were also booked under the Protection of Children from Sexual Offences Act, 2012, by the Diphu Police Station and were remanded to judicial custody in Diphu District Jail.

The police department and the district administration have however displayed lethargy and leniency towards the four rapists, who belong to the top bureaucracy and are in influential positions. The police have not been able to arrest the men, who are enjoying the bail granted by the Guwahati High Court. The Judge Indra Shah has granted bail to the accused Timung on 18th June, Hemari Kro on 19th June, BirenKro on 27th June and to Dr. Anthony as well. The four of them personally appeared in the Diphu Police Station after the Guwahati High Court granted them interim bail.

On 6th July 2015, more than a month after the incident and the identification of the perpetrators, the Investigating Officer arrived at the Child Welfare Committee,  Guwahati, with a photograph of all the four culprits, which was shown to the girls for confirmation. The girls, in the presence of the staff of the Seven Sisters Home, where the girls are now residing, have positively identified all four men. However, the case has not proceeded apace. The perpetrators are roaming free with the High Court having granted them bail.

The government must ensure that the victims are provided proper trauma counseling by a child psychologist, proper medical care, and that their interview / statements should be recorded in the presence of a child psychologist. Under no circumstance should their education be interfered with. The government officials involved in the crimes must be held accountable for their actions and the victims and the families must be given adequate relief and compensation.

I urge you to investigate the rise in trafficking and sexual violence taking place in Assam, and to provide rehabilitation and compensation of the victims. The authorities must identify the perpetrators of this incident and prosecute and punish them for their actions.

Yours Sincerely,

……………….

PLEASE SEND YOUR LETTERS TO:

1. Mr. Narendra Modi
Prime Minister of India
152, South Block, Raisina Hill
New Delhi-110011

INDIA
Phone: +91-11-23012312
Fax: +91-11-23016857

2. Mr. Rajnath Singh
Minister of Home Affairs
Room no 104, North Block
Central Secretariat
New Delhi – 11000
INDIA
Tel: +9111 23092462
Fax: +911123094221

3. Mr. L.C.Goyal
Secretary, Ministry of Home Affairs
Room no 113, North Block
Central Secretariat
New Delhi- 110001
INDIA
Tel: +9123092989
Fax: +9111 23093003

4. Mrs. Maneka Gandhi
Ministry of Women and Child Development
Shastri Bhawan, A – Wing, Dr. Rajendra Prasad 
Road, New Delhi, 110001
INDIA
Tel: +91 11 23074052, 23074053
Fax: +91 23387384 

5. Mr. TarunGogoi
Chief Minister of Assam
Janta Bhawan, Dispur- Assam
INDIA
Tel: +91-361-2262222, 2266188
Fax: +91-361-2262069

6. Khagen Sharma 
Director General of Police of Assam
Uluvar, Guwahati-781007, Assam
INDIA
Tel: 0361-2450555, 2455126
Fax: 0361-2525397
dgp@assampolice.co.in

Thank you.

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