[NOTICE: The AHRC have developed a new automatic letter-sending system using the “button” below. However, in this appeal, we could not include e-mail addresses of some of the Indian authorities. We encourage you to send your appeal letters via fax or post to those people. Fax numbers and postal addresses of the Indian authorities are attached below with this appeal. Thank you.]
Dear friends,
The Asian Human Rights Commission (AHRC) has received information from its local partner organization MASUM in West Bengal regarding an alleged continuous assault and harassment of a woman by her in-laws in Kolkata, West Bengal, India. Despite her repeated complaints to the police over a period of two years, no action has been taken by the police. Even after the complaint was filed under the Criminal Procedure Code of India, the victim has not been protected under the law due to the negligence of the police. The victim was informed by the Investigation Officer of the case that she could not deal with the case due to her busy schedule.
CASE DETAILS:
Ms. Pista Devi Agarwal was married to Mr. Babulal Gupta Agarwal on 27 February 1975 in Rajasthan and her husband died on 31 December 1982. After her husband’s death, Ms. Pista Devi and her only son Rajesh Kr. Gupta Agarwal lived with her in-laws. However, she also lost her son on 3 December 2004.
After the son’s death, Ms. Pista Devi’s in-laws stated violating her both physically and mentally. Her in-laws did not provide her basic needs like food and clothes as well as preventing her from staying at the house where she had lived. Besides, Ms. Pista Devi’s in-laws allegedly wanted to deprive her of her all legal rights as well instead of taking care of her as a member of the family.
Ms. Pista Devi suffered from repeated inhuman treatment by her in-laws and lodged several complaints to the New Market Police Station, explaining the situation and violations she had undergone [Refer to: General Diaries Entry (GDE) No: No-1900 dated on 21 May 2005; GDE No-712 dated on 8 March 2006; GDE No-2544 dated on 26 August 2006; GDE No-1259 dated on 14 November 2006].
As informed by the dates Ms. Pista Devi registered with the New Market Police Station, she was alleged to have been repeatedly violated over two years since 2005. However, despite her four complaints, the New Market police have not taken any other action to inquire about her case other than numbering for the GDE.
Having been frustrated, Ms. Pista Devi filed one complaint under Section 156(3) of the Criminal Procedure Code of India in the court of the Chief Metropolitan Magistrate, Kolkata with allegations under Sections 498A, 406, 511 and 34 of the Indian Penal Code. Section 156(3) is regarding a magistrate’s order to the police officers to investigate cognizable case, Section 498A is about husband or relative of husband of a woman subjecting her to cruelty, Section 406 is about punishment for criminal breach of trust, Section 511 is about punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment and Section 34 is about act done by several persons in furtherance of common intention. However, she has not received any response from the magistrate so far. Meanwhile, she has to suffer from continuous inaction by the New Market police into her case.
The fact finding team of MASUM tried to contact the lady Investigating Officer (I.O.) of the New Market police station, M. Sarkar on 27 December 2006 but she was on leave at that time. After a great deal of persuasion, the Officer-in-charge (OIC) of New Market police station was reached but he only noted down the name and the address of victim’s brother-in-law who was accused by the victim of violating her in his personal diary. Later the female I.O. informed MASUM by telephone that she got the case from previous I.O. Mr. Subroto Lahiti, but could not deal with case due to her busy schedule. She further added that she required evidence that the victim was the wife of Late Babulal Gupta Agarwal.
Ms. Pista Devi has lost her husband and son and has been violated by those she has believed in and depended upon as one family. Now she is being ignored by those she asked for assistance and safety under the law.
SUGGESTED ACTION:
Please write to the relevant authorities listed below and demand proper investigation and punishment of the alleged violence of the victim to protect the victim from the repeated violence. Please urge them to immediately punish the police officers attached the case to eradicate the climate of dereliction and impunity.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
INDIA: A woman repeatedly ill treated by in-laws; neglected by the police for two years
Name of victim: Ms. Pista Devi Agarwal Gupta, aged 45, wife of Late Mr. Babula Gupta Agarwal, the resident of 1A, Mirja Galib Street, New Market police station, Kolkata-16, West Bengal, India
Alleged perpetrators:
1. Mr. Gokul Chandra Gupta, the victim’s father-in-law
2. Mr. Biswambhar Gupta, the victim’s brother-in-law
3. Ms. Sulachana Gupta, the wife of the victim’s brother-in-law
4. Office-in-Charge of the New Market police station
5. M. Sarkar, Investigating Officer of the case attached to the New Market police station
Place of incident: the victim’s residence at 1A, Mirja Galib Street, New Market police station, Kolkata-16, West Bengal, India
I am writing to you to express my deep concern regarding negligence of the police for the violence happening among family members.
The victim, Ms. Pista Devi Agarwal was married to Mr. Babula Gupta Agarwal on 27 February 1975. However unfortunately, she was bereaved of her husband on 31 December 1982 and her only son on 3 December 2004. She has been living with her in-laws since her marriage.
After the victim’s son died, her in-laws started to violate her both physically and mentally. I was informed that the victim’s in-laws did not provide her with any food and clothes and did not allowed her to stay at the house where the victim has lived with her in-laws since her marriage. This does not happen simply because of the breach between family members. Even after the victim’s husband and son died, she has still been a member of Agarwal family legally but her in-laws wanted to deprive her of all legal rights as well as of the family affairs without any legitimate reason. The deprivation of food, cloth and shelter is to violate the most basic right for life, which is threatening the victim’s entire life.
I am also annoyed by the police inaction into this case. According to the information I have received, almost for one and half years from May 2005 to November 2006, Ms. Pista Devi lodged several complaints regarding inhuman treatment by her in-laws to the New Market police station (refer to General Diaries Entry (GDE) No: No-1900 dated on 21 May 2005; GDE No-712 dated on 8 March 2006; GDE No-2544 dated on 26 August 2006; GDE No-1259 dated on 14 November 2006). However, despite her four complaints, the New Market police have not taken any other action to inquire about her case other than numbering for the GDE. In the meantime, the victim’s suffering from the inhuman treatment by her in-laws was also accumulated.
I was informed that Ms. Pista Devi then filed one complaint under Section 156(3) of the Criminal Procedure Code of India in the court of the Chief Metropolitan Magistrate, Kolkata with allegations under Sections 498A, 406, 511 and 34 of the Indian Penal Code. Section 156(3) is regarding a magistrate’s order to the police officers to investigate cognizable case, Section 498A is about husband or relative of husband of a woman subjecting her to cruelty, Section 406 is about punishment for criminal breach of trust, Section 511 is about punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment and Section 34 is about act done by several persons in furtherance of common intention. However, she has not received any response from the magistrate so far.
I was informed one local organization named MASUM that when they contacted the Officer-in-charge (OIC) of the New Market police station, he only noted down the name and the address of victims brother-in-law who was accused by the victim of violating her in his personal diary on 27 December 2006. I was also informed that the female Investigating Officer (IO) of the case, M. Sarkar later informed MASUM on the telephone that she got the case from previous IO Mr. Subroto Lahiti, but could not deal with case due to her busy schedule. I was informed that the female officer even attempted to put blame on the victim, saying that she needed evidence that the victim was the wife of Late Babulal Gupta Agarwal.
As the inaction of the police on this case, especially violence within the family tends to be regarded as a little private thing, which can not justify the negligence of the police since the victim has been repeatedly violated for two years and deprived of the basic condition for life. All kinds of violence in every place should be investigated in accordance with the procedure of law to protect the victims and to embody justice.
Therefore I urge you to ensure that the police and investigation authorities immediately launch a proper investigation into this matter so that the victim can have remedy and the alleged perpetrators can be punished. Above all, I urge you to sound an alarm on indifference and negligence of the police, which makes the victim live in suffering for a long time.
I trust you can take a proper action immediately.
Yours sincerely,
—————-
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
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. The Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Fax: +91 11 23384863
9. 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)
