INDIA: Police inaction on the rape and murder of a woman by a doctor in Maldah District, West Bengal 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-09-2005
ISSUES: Sexual violence, Violence against women, Women's rights,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM, a human rights organization in West Bengal, that a woman named Mrs. Gedulal Mondal, was raped and then killed by a suspected unqualified doctor on 28 December 2004, in Baishnav Nagar, Maldah District, West Bengal. Though the doctor has now been arrested, the police were late in filing the First Information Report (FIR). It is ironic that although the victim’s husband, who is a jawan (group D personnel) attached with the Central Industrial Security Force (CISF), made the complaint he was driven away by police officials from Baishnav Nagar Police Station, and threatened since he had made the case public. It was only on the intervention of the local Member Legislative Assembly (MLA) that the FIR was lodged.

This case is yet another example of police inaction and the obstacles India’s citizens face when seeking justice. It is indeed sad that political influence is required in many cases to speed up matters and proper procedures are not properly followed.

We therefore urge you to highlight such inadequacies in the functioning of the law enforcement authorities of the country. We also request you to write to the concerned authorities of the West Bengal Government to see that the investigations are carried out in a systematic manner without any hitches and the perpetrator is punished for his crime.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of victim: Mrs. Gedulal Mondal
Place of incident: Baishnav Nagar, Maldah district, West Bengal, India
Alleged perpetrator: 1) Amal Mandal, a doctor, Baishnav Nagar, 2) a police personnel attached to the Baishnav Nagar Police Station
Date of incident: 28 December 2004
Place of incident: Amal Mandal’s residence in Baishnav Nagar, Maldah District, West Bengal

Case details:

The victim, Mrs. Gedulal Mondal, lived very near the house of Amal Mondal, a practicing doctor but supposedly unqualified. On 28 December 2004, he called Mrs. Mondal to his chambers to assist him in treating a patient. After she arrived, however it is alleged that Mrs. Mondal was injected with some substance thus making her unconscious. She was then raped by Amal Mondal. The victim died while unconscious. Amal Mondal then carried the body by a rickshaw to the Purvaroon Hospital where she was declared dead. According to the victim’s brother, there were a number of bite and scratch marks on her body including her genital organs. Amal Mondal denies the whole incident saying that Mrs. Mondal was ill and had come to him for medical aid. He gave her an injection to treat her but seeing her deteriorating condition he decided to move her to the hospital for further treatment.

The victim’s husband, a jawan with the Central Industrial Security Force (CISF), went to the Baishnav Nagar Police Station where he was not only alleged to have been driven away by the police personnel who refused to file a First Information Report (FIR) but also threatened because he had dared to make this incident public.

However, according to Mr. Asim Gope, the officer-in-charge (O.C.) of the Baishnav Nagar Police Station, he was not present when the victim’s husband had come to file the complaint and his second-in-command refused to do so. Mr. Gope claims to not only have filed the complaint on his return but also to have arrested the doctor. He also rejects the claim that any threats were made against Mr. Mondal. The Superintendent of Police, Mr. Shashikant Pujari, says that the report of the postmortem is being awaited and they are investigating the causes of delay in filing the FIR

This is not an isolated case and one hears of such police inaction and failure to file a complaint almost every other day. It is quite disturbing that the law enforcement authorities in India fail to cooperate with the citizens who instill their faith in them. It also shows the total apathy of the administration to put rules and functions in order and this is a sad reflection of the governance.

SUGGESTED ACTION:

Please send a letter to the Chief Minister of West Bengal requesting him to take immediate steps to ensure that the case proceeds fairly and in a just manner and the perpetrator of such horrific violence is duly punished. Reasons for delay in filing the complaint by the police should also be properly investigated and action should be taken against those who failed to do their duty.

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

SAMPLE LETTER

Dear ___________,

 Re: INDIA: Police Inaction on rape and murder of a woman by a doctor in Maldah District, West Bengal

Name of victim: Mrs. Gedulal Mondal
Place of incident: Baishnav Nagar, Maldah district, West Bengal, India
Alleged perpetrator: 1) Amal Mandal, A doctor, Baishnav Nagar, 2) a police personnel attached to the Baishnav Nagar Police Station
Date of incident: 28 December 2004
Place of incident: Amal Mandal's residence in Baishnav Nagar, Maldah District, West Bengal

I am extremely disturbed to hear of the rape and death of a woman, Mrs. Gedulal Mondal, who lived in Baishnav Nagar, Maldah District, West Bengal, at the hands of a suspected unqualified doctor living near her house. The doctor is alleged to have sought the victim's help in treating another patient. However, when she arrived at his clinic, the doctor injected her with a substance making her unconscious and then raped her resulting in her death.

The police failed to file the complaint when the victim's husband, a jawan at the CISF approached the concerned police station. Instead they threatened him for having made the case public. It was only after the local Member Legislative Assembly intervened that the FIR was lodged.

I am utterly dismayed at the failure of the police to do their duty. It is indeed a sad reflection on the administration of the State and such cases highlight the severe inadequacies in the governance. I thereby urge you to ensure that proper methods of functioning are implemented so that such inaction by the law enforcement authorities is not repeated in the future. I also request that you to punish the erring police officers involved in this case and also ensure that the case proceeds in a just and fair manner such that the perpetrator is punished for his actions. 

Yours sincerely, 


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SEND A LETTER TO:

Shri 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
E-mail: cm@wb.gov.in

SEND COPIES TO:

1. Dr. A.P.J. Abdul Kalam
President
Office of the President
Rashtrapati Bhawan
New Delhi, 110004
INDIA
Tel: +91 11 3016767 (Joint Secretary), 3014507 (Personal Secretary)
Fax: +91 11 3017290, 3014570
E-mail: presssecy@alpha.nic.in or Pressecy@Sansad.nic.in

2. Shri Justice A. S. Anand
Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg 
New Delhi-110001
INDIA
Tel: +91 11 23074448
E-mail: mailto:chairnhrc@nic.in

3. Justice Shyamal Kumar Sen
Chairperson
West Bengal Human Rights Commission
Bhabani Bhavan, Alipore
Calcutta-700027
INDIA
Tel: +91 33 4797259 / 5558866
Fax: +91 33 4799633
Email: wbhrc@cal3.vsnl.net.in

4. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
OHCHR-UNOG
Palais Wilson, 8-14 Avenue de la Paix, 
1211 Geneva 10
SWITZERLAND 
Fax: +41 22 917 9022


Thank you. 

Urgent Appeals Programme 
Asian Human Rights Commission (AHRC)
Document Type : Urgent Appeal Case
Document ID : UA-09-2005
Countries : India,
Issues : Sexual violence, Violence against women, Women's rights,