INDIA: Police inaction in an alleged murder of a woman by her in-laws due to the influence of the alleged perpetrators in West Bengal

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-019-2007
ISSUES: Violence against women, Women's rights,

Dear friends,

The Asian Human Rights Commission (AHRC) is gravely concerned by the alleged murder of a woman by her in-laws, which took place in Howrah district, West Bengal, India on 28-29 November 2006. Despite several suspicious factors of the circumstances of the victim’s death, the police are attempting to hush up the case by treating it as a suicide case and delay the investigation into the incident. According to the victim’s father, the Investigating Officer of the case urged the victim’s father not to proceed with a case against the perpetrators as they are very rich and influential in the locality. The family and the local people insist that police inaction is caused by this very reason.

CASE DETAILS:

Mrs. Moumita Panja is the wife of Mr. Biplab Panja and they had an arranged marriage on 12 June 2006. In fact, Biplab’s parents had repeatedly come to the house of Moumita, a beautiful girl who was a student of Class-XII at the time, and asked for her marriage with their son, although financial and social status of Moumita’s family is far lower than their own. After the marriage, she lived in her-in-law’s house at 7, Ananda Prasad Chatterjee Lane, Bantra police station, Howrah district, West Bengal, India.

A few days after the marriage, Moumita’s father Mr. Jamini Koley noticed that Biplab looked down on his daughter, due to the lower status of his family. After the marriage, Moumita visited her parent’s house four or five times and whenever she came, she complained to her parents that they had given her in marriage to a very rich family. The parents learned that Moumita was suffering in abnormal conditions and that Biplab is a habitual drunkard who would abuse Moumita physically and mentally in almost every night. The victim’s father thinks that this might be a reason that Biplab’s family wanted the marriage, despite the gap of the social and financial status between the two families. Moumita was also forced to work as a maidservant from dawn to dusk. Her in-laws reportedly did not provide food to Moumita and insulted her in many ways. This abuse continued despite Moumita’s mother’s repeated request to her daughter’s in-laws not to do so.

On the ceremony of Kartick puja on 17 November 2006, Moumita’s mother and her brother were attending the puja ceremony at Moumita’s in-laws house. In their presence, Biplab, who was drunk, abused and assaulted Moumita. Being insulted, the mother and the brother returned home and informed Maumita’s father of the incident. When he telephoned his daughter, he was told that Moumita’s sister-in-law and the mother-in-law assaulted Moumita soon after her mother and brother left and did not provide any food for her.

At about 11:30am on 29 November 2006, while Moumita’s father was working he was informed by his elder brother over the phone that Moumita was locked in a room of her ion-laws’ house and there was no response from her. Within 15 minutes he rushed to the in-laws’ house and found his son-in-law Biplab and his parents, sister and other relatives gossiping in the ground floor. Upon seeing Maumita’s father, Biplab told him that he and Moumita had been sleeping in their room on the first floor the previous night on November 28 but he did now know when Moumita had left the room. The father was told that Moumita was in a room on the second floor and the front door was locked from inside.

The Bantra police arrived in the house at around noon after being informed of the incident and they broke the door. Moumita was found in a sitting posture on the floor at the back of the cot and her orna was tied around her neck. Moumita’s father found bruises all over his daughter’s body and that her head was touching the cot. After seeing the condition of the body, he became suspicious that the in-laws might have murdered Moumita.

Despite Moumita’s father’s request to take photographs of her body, the police refused to do so and they simply took her away in her in-laws car, without making any valid documentation or doing any paper work. He also observed that the room’s back door toward the road side balcony was open and it was possible for a person to enter or leave the room. He mentioned this to the police but they did not show any interest.

At around 12:30pm on the same day, Moumita’s father Mr. Jamini Koley and his brother Nimai Koley went to the Bantra police station to request a proper investigation about the incident but the police did not listen to them.

According to the MASUM’s fact finding team, one executive magistrate working for gain at District Collectorate and Inquest Report conducted an inquest on Moumita’s body and later the postmortem examination was done on her body at Howrah morgue (vide Unnatural Death Case No. 489/2006 dated 29.11.2006 at Howrah police station).

At about 5:00pm, Mr. Mangal Chandra Das, the Sub Inspector (SI) of the Bantra police station, who is the Investigating Officer (IO) of Moumita’s case, called Mr. Jamini Koley and allegedly told him to settle the matter with his in-laws and not to proceed with the case against them, saying that he would not be able to fight against them as they are very rich and influential people in the area. At about 5:30pm one complaint letter regarding the case was drafted under the instruction of the Sub Inspector Mangal Chandra Das, who told Mr. Jamini Koley to put his signature on it.

Although Mr. Jamini Koley requested the said Sub Inspector to explain the contents of the complaint, the Sub Inspector did not explain anything and compelled him to put his signature on it. After that a First Information Report (FIR) was registered based on this complaint (FIR no. 82/06 dated 29.11.2006 under section 498A/306/34 of Indian Penal Code). Section 498A is about “husband or relative of husband of a woman subjecting her to cruelty”, Section 306 is about “abetment of suicide” and Section 34 is about “acts done by several persons in furtherance of common intention”.

The local people of Moumita’s in-laws informed her father that Biplab and his family members had brutally assaulted Moumita on the night of November 28 and they heard her crying. They also assured the father that they would give their statements if required. The local people also held a protest against the alleged murder of Moumita by her in-laws.

Meanwhile, the police only arrested Biplab on 29 November 2006 and forwarded him to the court, while not arresting the other alleged perpetrators. The victim’s family and local people allege that the police are reluctant to pursue this case as they are receiving pressure from Mr. Rabindranath Das alias Robe, Moumita’s uncle-in-law and Mr. Ratan Panja, who are very rich and influential figures. Two local villagers namely Mr. Pintu Polley and Mr. Tarak Mukherjee went to Dr. Arup Mukherjee, who acted as an autopsy surgeon in Moumita’s case and inquired about the postmortem report. However, Dr. Mukherjee asked them to come back 15 days later as he was busy at the time and suggested them to meet Sub Inspector Mr. Mangal Das and IO of the case at the Bantra police station. However they were threatened by the Inspector-in-Charge (IC) of the Bantra police station Mr. Rabin Das, to stay away from the case. Three local residents namely Mr. Pintu Polley, Mr. Sibaji Mukherjee and Mr. Sanjay Bez were summoned by the Bantra police for an inquiry but they did not go to the police station fearing possible intimidation.

When the victim’s father along with a lawyer went to meet Mr. Rabin Das, the IC of the Bantra police station, on 15 December 2006, the IC refused to talk with the lawyer about the case and further refused to take the complaint of the victim’s father. Later, officers under the Additional Director General of Police of Crime Investigation Department (CID) of West Bengal went to the Bantra police station to inquire about the incident and the police conduct but the result of the CID inquiry remains unknown.

According to the latest information we have received, on 18 January 2007, the said IC of the Bantra police station claims that they did not receive the postmortem report, although one and a half months have passed since the incident took place.

SUGGESTED ACTION:
Please write to the relevant authorities listed below and demand proper investigation of the alleged murder of the victim as well as the alleged misconduct of the police in this case. Please also urge them to arrest the remained perpetrators and take action against them.

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

SAMPLE LETTER

Dear _________,

INDIA: Police inaction in an alleged murder of a woman by her in-laws due to the influence of the alleged perpetrators in West Bengal

Name of victim: Mrs. Moumita Panja, the wife of Biplab Panja and the daughter of Mr. Jamini Koley, residing at 7 Ananda Prasad Chatterjee Lane, Bantra police station, Howrah district, West Bengal, India
Alleged perpetrators:
1. Mr. Biplab Panja alias Tutun, the victim’s husband
2. Mr. Bubun, the victim’s brother-in-law
3. Mr. Ratan Panja, the victim’s father-in-law
4. Mrs. Minati Panja, the victim’s mother-in-law
(All the four are residing at 7 Ananda Prasad Chatterjee Lane, Bantra police station, Howrah district, West Bengal, India.)
5. Mr. Rabin Das, Inspector-in-Charge attached to the Bantra police station 
6. Mr. Mongal Chandra Das, Sub Inspector of the Bantra police station as well as the Investigating Officer of this case 
Place of Incident: The victim’s in-laws house at 7 Ananda Prasad Chatterjee Lane, Bantra police station, Howrah district, West Bengal, India 
Date of Incident: Incident is estimated to be taken place at night of 28 November 2006 and the dead body was found at around noon of the next day on November 29

I am appalled to learn of yet another death of a young Indian girl, allegedly at the hands of her in-laws.

Mrs. Moumita Panja was the wife of Mr. Biplab Panja and they had an arranged marriage on 12 June 2006. In fact, Biplab’s parents had repeatedly come to the house of Moumita, a beautiful girl who was a student of Class-XII at the time, and asked for her marriage with their son, although financial and social status of Moumita’s family is far lower than their own. After the marriage, Moumita went to live with her husband at her-in-law’s house at 7, Ananda Prasad Chatterjee Lane, Bantra police station, Howrah district, West Bengal, India.

It was not long after the marriage that Moumita’s father Mr. Jamini Koley noticed that Biplab looked down on his daughter, due to the lower status of his family. After the marriage, Moumita visited her parent’s house four or five times and whenever she came, she complained to her parents that they had given her in marriage to a very rich family. The parents learned that Moumita was suffering physical and mental from Biplab who is a habitual drunkard. Moumita was also forced to work as a maidservant from dawn to dusk. Her in-laws reportedly did not provide food to Moumita and also abused her in many ways, even in front of her own parents.

At about 11:30am on 29 November 2006, while Moumita’s father was working he was informed by his elder brother over the phone that Moumita was locked in a room of her ion-laws’ house and there was no response from her. Within 15 minutes he rushed to the in-laws’ house and there he found that his daughter dead, in mysterious circumstances.  The police were present when the door of the room was forced open and Moumita was found – deceased and badly bruised over her body.  Strangely, when her father insisted that the police take photographs they refused and took her body to the hospital in the in-law’s car.

According to the information I have received one executive magistrate working for gain at District Collectorate and Inquest Report conducted an inquest on Moumita’s body and later the postmortem examination was done on her body at Howrah morgue (vide Unnatural Death Case No. 489/2006 dated 29.11.2006 at Howrah police station).

At about 5:00pm, Mr. Mangal Chandra Das, the Sub Inspector (SI) of the Bantra police station, who is the Investigating Officer (IO) of Moumita’s case, called Mr. Jamini Koley, Moumita’s father, and allegedly told him to settle the matter with his in-laws and not to proceed with the case against them, saying that he would not be able to fight against them as they are very rich and influential people in the area. At about 5:30pm one complaint letter regarding the case was drafted under the instruction of the Sub Inspector Mangal Chandra Das, who told Mr. Jamini Koley to put his signature on it.

Although Mr. Jamini Koley requested the said Sub Inspector to explain the contents of the complaint, the Sub Inspector did not explain anything and compelled him to put his signature on it. After that a First Information Report (FIR) was registered based on this complaint (FIR no. 82/06 dated 29.11.2006 under section 498A/306/34 of Indian Penal Code). Section 498A is about “husband or relative of husband of a woman subjecting her to cruelty”, Section 306 is about “abetment of suicide” and Section 34 is about “acts done by several persons in furtherance of common intention”.

The police only arrested Biplab on 29 November 2006 and forwarded him to the court, while not arresting the other alleged perpetrators. The victim’s family and local people allege that the police are reluctant to pursue this case as they are receiving pressure from Mr. Rabindranath Das alias Robe, Moumita’s uncle-in-law and Mr. Ratan Panja, who are very rich and influential figures. Two local villagers namely Mr. Pintu Polley and Mr. Tarak Mukherjee went to Dr. Arup Mukherjee, who acted as an autopsy surgeon in Moumita’s case and inquired about the postmortem report. However, Dr. Mukherjee asked them to come back 15 days later as he was busy at the time and suggested them to meet Sub Inspector Mr. Mangal Das and IO of the case at the Bantra police station. However they were threatened by the Inspector-in-Charge (IC) of the Bantra police station Mr. Rabin Das, to stay away from the case. Three local residents namely Mr. Pintu Polley, Mr. Sibaji Mukherjee and Mr. Sanjay Bez were summoned by the Bantra police for an inquiry but they did not go to the police station fearing possible intimidation.

When the victim’s father along with a lawyer went to meet Mr. Rabin Das, the IC of the Bantra police station, on 15 December 2006, the IC refused to talk with the lawyer about the case and further refused to take the complaint of the victim’s father. Later, officers under the Additional Director General of Police of Crime Investigation Department (CID) of West Bengal went to the Bantra police station to inquire about the incident and the police conduct but the result of the CID inquiry remains unknown.

According to the latest information we have received, on 18 January 2007, the said IC of the Bantra police station claims that they did not receive the postmortem report, although one and a half months have passed since the incident took place on 29 November 2006.

This case is typical in that an influential family has caused the police to delay an investigation despite sufficient evidence that points to a murder. I therefore urge you to carry out a proper investigation into this matter so that those responsible are brought to justice without delay. I also urge you to bring disciplinary action against the officers attached to the Bantra police station, including Mr. Rabin Das, Inspector-in-Charge of the Bantra police and Mr. Mongal Chandra Das, Sub Inspector of the Bantra police, who have allowed themselves to be swayed by the in-laws of this young girl.

Sincerely yours,

—————

PLEASE SEND YOUR LETTER TO:

1. Dr. A. P. J. Abdul Kalam
President of India
Rashtrapati Bhawan, 
New Delhi
INDIA
Fax: 91 11 23017290
Email: pressecy@alpha.nic.in

2. Mr. Manmohan Singh
Prime Minister of India
Prime Minister’s Office
Room number 152, South Block
New Delhi
INDIA
Fax: +91 11 23016857
Email: pmosb@pmo.nic.in

3. Mr. Buddhadeb Bhattacharjee
Chief Minister/ Minister of Home Department
Government of West Bengal
Writer’s Building
Kolkata – 700 001
West Bengal
INDIA
Fax: +91 33 2214 5480/ 2214 1341

4. Mr. Buddhadeb Bhattacharjee
Chief Minister and Minister in Charge of Home (Police) Department
Government of West Bengal
Writers’ Buildings, Kolkata – 700001
West Bengal
INDIA
Tel: +91 33 2214 5555 (O) / 2280 0631 (R)
Fax: +91 33 2214 5480

5. Mr. Subhash Awasthi
Director General of Police
Government of West Bengal
Writers Buildings
Kolkata-1
West Bengal
INDIA
Fax: +91 33 2214 4498 / 2214 5486
Email: padgp@wbpolice.gov.in

6. Home Secretary
Government of West Bengal
Writers’ Buildings
Kolkata – 700001
West Bengal
INDIA
Tel: +91 33 2214 5656
Fax: +91 33 2214 3001
Email: sechome@wb.gov.in

7. The Chief Secretary
Government of West Bengal
Writers’ Buildings, Kolkata – 700001
West Bengal
INDIA
Fax: +91 33 22144328

8. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
Room 3-042
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : UA-019-2007
Countries : India,
Issues : Violence against women, Women's rights,