INDIA: Death of female government employee not adequately investigated

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-131-2014
ISSUES: Administration of justice, Impunity, Judicial system, Police negligence, Rule of law, Violence against women,

Dear friends,

A group of women’s rights activists from the Indian state of Madhya Pradesh has informed the Asian Human Rights Commission (AHRC) that the Madhya Pradesh state government is failing to adequately investigate the death of Ms. Leena Sadhak, a Patwari (a government official who keeps records regarding the ownership of land) at the Aaron Tehsil, in Guna district of Madhya Pradesh. It is alleged that Leena’s immediate superiors have subjected her to harassment at the workplace. Leena died immediately after one of her superiors insulted her during a meeting and the reason for her death is not yet known. 

CASE NARRATIVE:

Leena was a 27-year-old Patwari at Aaron Tehsil (district sub-division) at Guna district. She is from the Dalit community and is well educated. On 13th March 2014, Leena along with some of her colleagues, attended a meeting organised by the Sub Divisional Magistrate (SDM), Mr. Rohit Singh. In the meeting the SDM instructed, that for the next day’s work (14th March), the male Patwaris stay back at Aaron and the female Patwaris return early morning at 7 a.m. The SDM also instructed that those who are reporting for work should first report at the Tehsildar’s (head of the district subdivision – Tehsil) residence.

To this the female Patwaris replied that the place is too far from their houses and reporting at 7 a.m. would require them to start travelling too early, which was difficult. Leena allegedly spoke in the meeting and informed the SDM that such working hours are unjustifiable. To this the SDM reportedly shouted at Leena that she should report at the time and the place where the SDM orders her to, and otherwise risk being fired from the job. The SDM allegedly further shouted at Leena using foul language and ordered her to leave the meeting venue. Humiliated in front of her colleagues and others who were present at the venue, Leena immediately left the meeting hall.

Leaving the venue, Leena went to a room that the administration had hired for the Patwaris to meet local farmers near the meeting hall. Shortly thereafter, her colleagues, Ms. Deepika Prajapati and Mr. Lalit Sharma, went to the room where Leena was. There they found Leena in a weak state and soon Leena started vomiting. Thinking that Leena was sick, her colleagues took her by vehicle to the near by health centre. Once at the centre, Lalit and Deepika sent word to the SDM about Leena’s condition. The SDM visited Leena at the hospital. 

Meanwhile Leena allegedly asked Lalit and Deepika to inform the SDM that she would not be a trouble to the SDM anymore and that if he so desires, may suspend Leena from the office. Meanwhile the medical officers at the health centre asked Leena to be taken immediately to a larger hospital at Guna.

A doctor, Lalit, and Deepika accompanied Leena in an ambulance to the Guna District Hospital, and Leena’s family was informed about Leena’s condition. However, Leena died in transit and was declared dead upon arrival at the hospital.

After Leena’s death, the family insisted that a case be registered concerning Leena’s unnatural death even before an autopsy examination is done. Leena’s colleagues and family protested and the local police dispersed the crowd by baton charge, injuring persons, including Leena’s mother. The District Collector arrived at the scene and ordered an autopsy upon Leena’s body. After the autopsy, the authorities handed over Leena’s body to the family, and the family cremated Leena’s body the same day evening. The chemical examiner’s report has indicated that Leena’s viscera had poison, suggesting Leena to have consumed poison.

Meanwhile the police sealed the room from where Leena was first found. From the room and from adjacent rooms occupied Lalit and Deepika, the police recovered several articles including documents, medicines, and pesticides, which the Patwaris are given to be distributed to farmers. The police sealed Leena’s room on March 13th and that of Deepika and Lalit on the 14th. The police questioned Leena’s colleagues and her family. Leena’s family was summoned repeatedly to the police station. Despite all this, the family still does not know how Leena died. 

The Deputy Superintendent of Police, Guna, Ms. Lovely Soni, is investigating the case. According to this officer, Leena died from consuming poison. The officer has reportedly questioned some 30 witnesses and has promised that if anyone is responsible for Leena’s death, that person will be brought to trial. The investigating officer, however, exonerated the SDM in Leena’s death. Throughout the period of investigation, the SDM continued to be stationed in Aaron, which the family suspects would have allowed this officer to adversely influence the investigation in the case, so as to save him from being held liable for Leena’s death.

The family however suspects that one of the reasons for Leena’s death is the continuous harassment of Leena by the SDM. The family also suspects that the SDM is trying to undermine an impartial investigation in the case, and that is the reason why the SDM has been excluded from the list of persons responsible for Leena’s death. The family and persons concerned about Leena’s untimely and suspicious death have written to all relevant authorities in Madhya Pradesh, seeking their intervention to ensure an impartial as well as prompt investigation in the case. 

However, all these attempts have yielded no result, and to most of the requests, the family has received no responses. Today, Leena’s family does not know how Leena died, and if it was a murder, who is responsible for it or whether it is a case of suicide prompted by inhuman treatment at workplace.

BACKGROUND INFORMATION:

A fact-finding team comprised of human rights defenders met some of Leena’s colleagues, to learn more about the case. Upon enquiry, Leena’s colleagues who are Patwaris complained that the behaviour of higher officers to Patwaris in general, and to female Patwaris in particular, is harsh. They claimed that often higher officers use abusive language against female Patwaris. They complained that officers often ask Patwaris to stay late at the workplace creating an intimidating and insecure work environment, particularly for female Patwaris. This is because, in addition to having forced to work with abusive superiors late into the night, female staff will also have to use public conveyances to reach home, where other late night passengers are often drunk or are local hooligans. 

The Patwaris were not even aware about the statutory Internal Complaints Committee to be constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, and knew of no such forum at their workplace.

SUGGESTED ACTION:
Please send letters to the authorities listed below, expressing concern about this case, and requesting immediate intervention. 

The AHRC has written a separate letter to the Special Rapporteur on violence against women, its causes and consequences calling for her intervention in this matter. 

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

SAMPLE LETTER

Dear ……………..,

INDIA: Death of female government employee not adequately investigated

Name of victim: 
Ms Leena Sadhak (27, female, deceased), a Patwari posted at Aaron Tehsil, Guna district, Banvir, Khedi, Madhya Pradesh, India

Names of alleged perpetrators: 
District administration led by Sub-Divisional Magistrate Mr. Rohit Singh, Aaron Tehsil, Guna district, Madhya Pradesh state, India

Date of incident: 13 March 2014
Place of incident: Aaron Tehsil, Guna district, Madhya Pradesh state

I am writing to express my concern regarding the case of death in suspicious circumstances of Ms. Leena Sadhak, a Dalit, and a low-ranking village employee in Aaron district of Guna district in Madhya Pradesh state, India. The victim’s family has requested the case to be reported through the Asian Human Rights Commission’s Urgent Appeal Programme. 

The facts of the case made available to me are as follows:

Leena was a well educated 27-year-old Patwari at Aaron Tehsil (district sub-division). On 13th March 2014, Leena along with some of her colleagues, attended a meeting organised by the Sub Divisional Magistrate (SDM), Mr. Rohit Singh. In the meeting the SDM instructed, that for the next day’s work (14th March), the male Patwaris stay back at Aaron and the female Patwaris return early morning at 7 a.m. The SDM also instructed that those who are reporting for work should first report at the Tehsildar’s (head of the district subdivision – Tehsil) residence.

To this the female Patwaris replied that the place is too far from their houses and reporting at 7 a.m. would require them to start travelling too early, which was difficult. Leena allegedly spoke in the meeting and informed the SDM that such working hours are unjustifiable. To this the SDM reportedly shouted at Leena that she should report at the time and the place where the SDM orders her to, and otherwise risk being fired from the job. The SDM allegedly further shouted at Leena using foul language and ordered her to leave the meeting venue. Humiliated in front of her colleagues and others who were present at the venue, Leena immediately left the meeting hall.

Leaving the venue, Leena went to a room that the administration had hired for the Patwaris to meet local farmers near the meeting hall. Shortly thereafter, her colleagues, Ms. Deepika Prajapati and Mr. Lalit Sharma, went to the room where Leena was. There they found Leena in a weak state and soon Leena started vomiting. Thinking that Leena was sick, her colleagues took her by vehicle to the near by health centre. Once at the centre, Lalit and Deepika sent word to the SDM about Leena’s condition. The SDM visited Leena at the hospital. 

Meanwhile Leena allegedly asked Lalit and Deepika to inform the SDM that she would not be a trouble to the SDM anymore and that if he so desires, may suspend Leena from the office. Meanwhile the medical officers at the health centre asked Leena to be taken immediately to a larger hospital at Guna.

A doctor, Lalit, and Deepika accompanied Leena in an ambulance to the Guna District Hospital, and Leena’s family was informed about Leena’s condition. However, Leena died in transit and was declared dead upon arrival at the hospital.

After Leena’s death, the family insisted that a case be registered concerning Leena’s unnatural death even before an autopsy examination is done. Leena’s colleagues and family protested and the local police dispersed the crowd by baton charge, injuring persons, including Leena’s mother. The District Collector arrived at the scene and ordered an autopsy upon Leena’s body. After the autopsy, the authorities handed over Leena’s body to the family, and the family cremated Leena’s body the same day evening. The chemical examiner’s report has indicated that Leena’s viscera had poison, suggesting Leena to have consumed poison.

Meanwhile the police sealed the room from where Leena was first found. From the room and from adjacent rooms occupied Lalit and Deepika, the police recovered several articles including documents, medicines, and pesticides, which the Patwaris are given to be distributed to farmers. The police sealed Leena’s room on March 13th and that of Deepika and Lalit on the 14th. The police questioned Leena’s colleagues and her family. Leena’s family was summoned repeatedly to the police station. Despite all this, the family still does not know how Leena died. 

The Deputy Superintendent of Police, Guna, Ms. Lovely Soni, is investigating the case. According to this officer, Leena died from consuming poison. The officer has reportedly questioned some 30 witnesses and has promised that if anyone is responsible for Leena’s death, that person will be brought to trial. The investigating officer, however, exonerated the SDM in Leena’s death. Throughout the period of investigation, the SDM continued to be stationed in Aaron, which the family suspects would have allowed this officer to adversely influence the investigation in the case, so as to save him from being held liable for Leena’s death.

The family however suspects that one of the reasons for Leena’s death is the continuous harassment of Leena by the SDM. The family also suspects that the SDM is trying to undermine an impartial investigation in the case, and that is the reason why the SDM has been excluded from the list of persons responsible for Leena’s death. The family and persons concerned about Leena’s untimely and suspicious death have written to all relevant authorities in Madhya Pradesh, seeking their intervention to ensure an impartial as well as prompt investigation in the case. 

However, all these attempts have yielded no result, and to most of the requests, the family has received no responses. Today, Leena’s family does not know how Leena died, and if it was a murder, who is responsible for it or whether it is a case of suicide prompted by inhuman treatment at workplace.

I therefore request you:

1. That your office immediately intervene in the case, so that the investigation of the case is undertaken impartially and without any further delay;
2. That the conduct of the SDM, Mr. Rohit Singh, be investigated to verify his role in Leena’s death, and if the officer is found to be responsible for Leena’s death, that he be prosecuted;
3. The SDM be transferred immediately from his current post, so that his opportunities to influence the investigation are reduced;
4. That the investigating officer record statements of Leena’s colleagues, particularly that of female Patwaris and if the investigation reveals that the superior officers have been harassing female colleagues, actions be initiated against such officers;
5. That the victim’s family be informed regularly about the progress in the case.

I look forward to your immediate attention in this matter.

Yours sincerely,

—————————————
PLEASE SEND YOUR LETTERS TO:

1. Ms. Upma Rai
Chairperson
Madhya Pradesh State Women’s Commission 
35 Rajiv Gandhi Bhawan, First Floor 
Shyamla Hills, Bhopal M.P. – 462002
INDIA 
Email: upmamahilamitra@rediffmail.com, or swc-mp@nic.in

2. Honourable Narayan Prasad Kabirpanthi
Chairperson 
State Scheduled Castes’ Commission 
Zone-1, Chitaud Complex, M.P. Nagar
Bhopal (M.P)
INDIA
Fax: +91 755 2661439

3. Justice Aayendra Kumar Saxena 
Chairperson 
State Human Right Commission
Paryawas Bhawan
Bhopal (M.P)
INDIA
Email: mphrc@sancharnet.in

4. Ms. Shailja N. Joshi, 
Department of Administrative Reforms & Public Grievances 
Director (PG) 
5th Floor, Sardar Patel Bhawan, 
Sansad Marg, New Delhi-110001
INDIA 
Tel/Fax: +91 11 23741006 
Email: shailja.joshi@nic.in

5. Ms Maya Singh 
Minister
Women and Child Development Department
B-11 (74 Bunglow)
Swami Dayanand Nagar 
Bhopal, (M.P)
INDIA 
Email: mayasingh.bjp@gmail.com

6. Mr. Antony Disa (IAS) 
Chief Secretary 
Government of M.P.
Vallabh Bhawan 
Bhopal (M.P)
INDIA
Email: cs@nic.in

7. Member Secretary
National Commission for Women, 
4, Deen Dayal Upadhayay Marg, 
New Delhi – 110 002
INDIA
Fax- +91 11 23222372
Email: ms-ncw@nic.in

8. Ms. Aruna Mohan Rao (IPS)
Additional Director General of Police
Crime against women
Police Head Quarters 
Bhopal, (M.P)
INDIA
Email: maruna45@hotmail.com

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-131-2014
Countries : India,
Issues : Administration of justice, Impunity, Judicial system, Police negligence, Rule of law, Violence against women,