NEPAL: Police abandon the investigation into the gang rape of an 11-year-old Dalit girl

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-150-2009
ISSUES: Administration of justice, Caste-based discrimination, Child rights, Impunity, Police negligence, Police violence, Sexual violence, Violence against women, Women's rights,

Dear friends, 

The Asian Human Rights Commission (AHRC) has received information that police in Nakatajhij, Dhanusa, have been negligent in investigating the double rape and murder of an eleven-year-old Dalit girl. Though there is strong evidence against two non-Dalit youths, the victim’s family reports resistance from police in filing and investigating the case, which has not reached court. Officers have reportedly been backed by local political party members and are pressuring the girl’s family to settle the case. There are no comprehensive laws to protect minorities and low-caste persons in Nepal and their lack of access to justice sees them regularly victimised. This case features the most vulnerable kind of person in the country–a female Dalit child–and only strong, decisive action will show that the government takes the protection of its citizens seriously. 

CASE DETAILS: 

According to the information we have received from the victim’s family and local NGOs, Runchi Mahara was 11 years old (though logged as 13 in her school register) and a Dalit. She was found raped and murdered on 1 September in a mango orchard; her clothes were near her naked body and there was a belt around her neck. 

The details of her death came to light in the media after supporters of the two accused boys warned the victim’s family against making it public, and a fact finding team was established, which included the Feminist Dalit Organization (FEDO), Lawyers’ National Campaign for Elimination of Caste Discrimination (LANCAU), the Dalit Welfare Organisation (DWO) and Nepal National Dalit Social Welfare Organization (NNDSWO), led by the Dalit NGO Federation (DNF). They report that the police were reluctant to file a First Information Report (FIR), but did so and arrested one of the suspects, Mr. Dharmesh Yadav, under mounting pressure. Police reportedly found semen and blood stains in Yadav’s clothing, and his mother identified the belt that was found around Runchi’s neck as his. Despite this, he was released, no case was filed in court and police have shown no signs of investigating further. Local activists have reported that local ruling political party members have been supporting the families of the accused, and that Runchi’s family are being pressured to settle the case. 

ADDITIONAL COMMENTS: 

There are currently no laws in Nepal designed to protect religious minorities or low-caste Dalits from discrimination. Crimes against them are not often taken seriously, and in some cases perpetrators have received popular support, which encourages further violations. Please take a look at past cases reported on by the AHRC, including UAC-124-2009, in which a teacher was fired for fighting prejudice in schools, UAC-038-2009, in which a Dalit woman was beaten and forced to eat human waste, and UAC-150-2008 in which three young Dalit girls were severely tortured by police. 

In this case the victim is from the most vulnerable group possible – a female Dalit child – and especially strong decisive action is imperative to show that Nepal’s government takes the protection of its citizens seriously. This incident shows no regard for or awareness of the Convention on the Rights of the Child, which Nepal has ratified. 

Nepal is a party to various international human rights treaties that reject the inherent discrimination of the caste hierarchy and it has responsibilities under international law to protect the rights of all Nepalis, regardless of their social origin, property, birth or any other kind of status. The Asian Human Rights Commission urges the government of Nepal to take the opportunity, as it creates its new, democratic constitution, to rectify this grave omission and to pass a domestic law that criminalises discrimination of any kind, in particular that based on caste. Anti–Dalit sentiment must be tackled among police and the judiciary, and those guilty of it should be removed from positions of authority and made to face legal sanctions. 

SUGGESTED ACTION: 

Please write letters to the concerned authorities listed below urging them to ensure a thorough investigation into Runchi’s murder, and to take disciplinary and legal action against those shown to have impeded the case so far. Please join us in calling for the introduction of strong anti-discriminatory laws in Nepal. 

The AHRC is also sending a letter to the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, to the UN Special Rapporteur on Violence against Women and to the Chairperson of the Committee on the Rights of the Child.

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

SAMPLE LETTER

Dear __________, 

NEPAL: Police abandon the investigation into the gang rape of an 11-year-old Dalit girl 

Name of the victim: Runchi Mahara, daughter of Premlal Mahara 
Names of the alleged perpetrators: Dharmesh Yadav, Ramesh Mahato, 
Date of the incident: 31 August, 2009 
Place of the incident: Nakatajhij, Dhanusa district, Nepal’s eastern region 

I am writing to voice my concern regarding the lack of police action in response to the double rape and murder of an eleven-year-old Dalit girl. Though there is strong evidence against two non-Dalit youths, the victim’s family report resistance from police in filing and investigating the case, which has not reached court.

According to the information I have received Runchi was found raped and murdered on 1 September in a mango orchard, her clothes nearby and a belt around her neck. The details of her death came to light in the media after supporters of the two accused boys reportedly warned the victim’s family against making it public, after which local NGOs stepped in, led by the Dalit NGO Federation. 

They report that the police were reluctant to file a First Information Report (FIR), but did so and arrested one of the suspects, Mr. Dharmesh Yadav, under mounting pressure. Police reportedly found semen and blood stains in Yadav’s clothing, while his mother identified the belt found at the scene of the crime as his. Despite this, he was released, the other suspect has not been arrested, no case was filed in court and police show no signs of investigating further. Local activists have reported that local ruling political party members have been supporting the families of the accused, and that Runchi’s family are being pressured to settle the case. 

I am horrified that the death of a victim from the most vulnerable group in Nepal – a female Dalit child – has been given so little consideration. I understand that every Nepali citizen has the right to equal treatment under its system of justice, yet even police officers have been able to freely work against this victim’s family. Strong decisive action is imperative in this case to show that Nepal’s government takes the protection of its citizens seriously. 

I take this opportunity to remind you that although Nepal has ratified the Convention on the Rights of the Child – which appears to have been given no consideration here – there are currently no comprehensive laws in Nepal designed to protect religious minorities or low-caste Dalits from discrimination. While crimes against them continue to be ignored and perpetrators of such crimes receive popular support, they will continue to be victimised. 

I urge the government of Nepal to take the opportunity, as it creates its new, democratic constitution, to rectify this grave omission and to pass a domestic law that criminalises discrimination of any kind, in particular that based on caste. Anti–Dalit sentiment must also clearly be tackled among police and the judiciary, and those guilty of it should be removed from their positions of authority and made to face legal sanctions. 

A thorough investigation must be started into Runchi’s murder and disciplinary and legal action taken against those shown to have impeded the case so far. I also urge that you take necessary actions so that the victim’s family receive adequate protection until the case is prosecuted. 

Yours sincerely, 

—————- 

PLEASE SEND YOUR LETTERS TO: 

1. Mr. Om Bikram Rana 
Inspector General of Police 
Police Head Quarters, Naxal 
Kathmandu 
NEPAL 
Fax: +977 1 4415593 
Tel: +977 1 4412432 (Secretary to IGP) 
E-mail: info@nepalpolice.gov.np 

2. Mr. Raghav Lal Vaidya 
Attorney General 
Office of Attorney General 
Ramshahpath 
Kathmandu 
NEPAL 
Fax: +977 1 4262582 

3. Ms. Pampa Bhusal 
Minister for Women, Children and Social Welfare 
Singha Durbar 
Kathmandu 
NEPAL 
Fax: +977 1 4241516 

4. Ms. Nainkala Thapa 
Chairperson 
National Women’s Commission 
Bhadrakali Plaza 
Kathmandu 
NEPAL 
Fax: +977 1 4256783 

5. Mr. Kedar Nath Upadhaya 
Chairperson 
National Human Rights Commission 
Pulchowck, Lalitpur 
NEPAL 
Fax: +977 1 55 47973 
E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org 

6. Mr. Binod Singh 
Senior Superintendent of Police 
Police HR Cell 
Nepal Police, Kathmandu 
NEPAL 
Fax: +977 1 4415593 
E-mail: hrcell@nepalpolice.gov.np 
Thank you. 

Urgent Appeals Programme 
Asian Human Rights Commission (ua@ahrchk.org)