INDIA: Pregnant Dalit woman assaulted by West Bengal police 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-109-2004
ISSUES: Caste-based discrimination, Torture,
Dear friends,
The Asian Human Rights Commission (AHRC) has received information from its partner organisation in West Bengal, Manabadhikar Suraksha Mancha (MASUM) that a pregnant Dalit woman, Lilabati Chowdhury, was brutally beaten by a police patrol party of the Beharampore police station at midnight on 7 August 2004. After the assault, Lilabati was admitted to the Baharampur Block Hospital in the Karnasubarna area, where it was reported that the condition of her baby was uncertain. Furthermore, several uniformed policemen came to the hospital and warned Lilabati not to speak to anybody about the incident. Notwithstanding, no action has been taken against those responsible.
AHRC notes with great concern that these arbitrary acts of violence and assault by police officers throughout India occur with great frequency. Furthermore, no action is taken against the responsible officers, particularly when the violence is committed against members of scheduled castes or minorities. Your urgent action to address this issue is required.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:
Victim: Lilabati Chowdhury, wife of Chhutka Chowdhury, belongs to the scheduled caste (Dalits)
Perpetrators: Police force of Beharampore Police Station, Murshidabad District, West Bengal, India
Date of incident: 7 August 2004
Time of incident: about midnight (12 ‘o’ clock)
Place of incident: Pakamati-Mohula (village), Murshidabad, West Bengal
Lilabati Chowdhury, seven months pregnant and mother of two children, was brutally beaten by a police patrol party of the Beharampore police station at midnight on 7 August 2004. The police officers had entered Lilabati’s mud house allegedly looking for her husband and had prodded her awake with their batons. Lilabati had been sleeping in the courtyard with her children.
Lilabati’s husband, Chhutka Chowdhury, is a daily wage laborer who catches fish in his spare time. The Chowdhury family belong to the Dalit community and are very poor. On the night of August 7, Chhutka was fishing in the nearby river, which is what Lilabati told the police. However, the police continued searching for him in other houses. Desperately, Lilabati asked the police why they were being harassed when there was no complaint against them, which was confirmed by the subsequent statement of the neighboring villagers. Lilabati also protested against the vulgar language used by the police towards her. The police then brutally assaulted Lilabati with their batons, seriously injuring a woman who was heavily pregnant. Lilabati was admitted to the Baharampur Block Hospital in the Karnasubarna area, where it was reported that the condition of her baby was uncertain.
Furthermore, several uniformed policemen came to the hospital late at night without informing the hospital authority and warned Lilabati not to speak to anybody about the incident. The policemen also left Rs.100 on Lilabati’s bed and told her to purchase some fruits with the money. The next day, the medical officer at the hospital said that while he was informed by hospital staff that some male policemen in uniform had come to the hospital and had gone directly to the female ward last night, the police officers did not obtain permission and nor had they been informed of their visit.
When asked about the entire incident, the Deputy Police Super of Murshidabad district, Sahabul Hossein, said, “I do not know of any such incident. No one has reported anything to me. After proper enquiry, steps will be taken if necessary.”
The villagers stated that Chhutka’s family was innocent and were not involved with any disputed village affairs. They failed to understand why the police assaulted Lilabati in her house. As of yet, no action has been taken against those responsible.
AHRC notes with great concern that these arbitrary acts of violence and assault by police officers throughout India occur with great frequency. Furthermore, no action is taken against the responsible officers, particularly when the violence is committed against members of scheduled castes or minorities.
SUGGESTED ACTION:
Please write to the authorities below to express your serious concern at the assault of Lilabati by the police.
1. Mr. Buddhadeb Bhattacharyya
Chief Minister and Home Minister of West Bengal
Writers Buildings, Kolkata-1
West Bengal
INDIA
Fax: +91-33-2214 5480
2. Justice Shyamal Kumar Sen
Chairman
West Bengal Human Rights Commission
Bhavani Bhavan
Alipur, Kolkata-27
West Bengal
INDIA
Fax: +91-33-2479 9633
Email: wbhrc@cal3.vsnl.net.in
3. Justice J. S. Anand
National Human Rights Commission
Sardar Patel Bhaven, Sansad Marg,
New Delhi 110 001
INDIA
Tel: +91 11 2 334 0891 / 2334 7065
Fax: +91 11 2 334 0016
E-mail: nhrc@ren.nic.in

4. The Chairperson
The National Commission for Women
4, Deendayal Upadhyay Marg,
New Delhi 110 002
INDIA
E-mail: member_secretary@ncw-india.org

5. Dr. Bizay Sonkar Shastri
Chairman
National Commission for SCs/STs
5th Floor, Loknayak Bhawan,
Khan Market,
New Delhi-110 003
Tel: +91 11 2 4632298 / 2 4620435
E-mail: chairman-ncscst@ncscst.nic.in

6. Mr. Doudou Diene
Special Rapporteur on Racism, Racial Discrimination, Xenophobia and Related Intolerance
Room 4-041
OHCHR
Palais Wilson,
Rue des Paquis 52, Geneva
SWITZERLAND
Tel: +41 22 9179271
Fax: +41 22 9179050

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SAMPLE LETTER

Dear
 
RE: Pregnant Dalit woman assaulted by West Bengal police
 
I am writing to you in concern at the brutal assault of a Dalit woman, Lilabati Chowdhury, seven months pregnant and mother of two children at midnight on 7 August 2004 by a police patrol party of the Beharampore police station. The police officers had entered Lilabati’s mud house allegedly looking for her husband Chhutka Chowdhury, and had prodded her awake with their batons. Although they could not find Chhutka, who was catching fish in the nearby river as he usually does in his spare time, the police officers verbally and physically abused Lilabati, seriously injuring her. Lilabati was later taken to Baharampur Block Hospital, where the fate of her unborn child was reported to be uncertain.
 
Furthermore, several uniformed policemen came to the hospital late at night without informing the hospital authority and warned Lilabati not to speak to anybody about the incident. The policemen also left Rs.100 on Lilabati’s bed and told her to purchase some fruits with the money.
 
There had been no complaints or disputes involving Chhutka’s family, leaving even the villagers at a loss to explain the reason for the police assault on Lilabati. This case points to the increasing brutality of law enforcement agencies and the failure of justice in India.  I urge the Government of India to establish an independent organ to investigate and put to trial the offenders of such gross violations of human rights of minorities/scheduled castes and tribal people. The Minority Commission constituted in the central and state levels should be provided with ample authority to take effective action against offenders. I further urge the Government to ratify the Convention against Torture and introduce the corresponding domestic legislation whereby police officers can be prosecuted and punished for committing such human rights violations.
 
Yours sincerely,
 
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Thank you.
 
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
Document Type : Urgent Appeal Case
Document ID : UA-109-2004
Countries : India,
Issues : Caste-based discrimination, Torture,