INDIA: Tortured Dalit couple threatened to withdraw their complaint against policemen 

Dear friends,

The Asian Human Rights Commission (AHRC) has received an urgent appeal from People’s Watch – Tamil Nadu, a human rights organization in Tamil Nadu, India, regarding a Dalit woman who was beaten and severely tortured by the Sub Inspector (SI) and Inspector of the Police (IP) at the Sethur police station in Tamil Nadu on 3 January 2005. The victim, Pethammal (42), was tortured following her arrest when the police failed to locate her husband, Pazhani (38), whom they were pursuing over a false complaint of theft. Pazhani volunteered himself to the police in exchange for his wife’s release.

The police finally released Pazhani after detaining him for four days after they reportedly could not prove the complaint against him. Two other villagers, Paramasivam and Samuthiram, whom police also detained allegedly for the same complaint, were also released from detention.

After their release, Pethammal and Pazhani filed charges against the alleged perpetrators, namely SI Kannan, IP Vijayakumar and several policemen from Sethur police station before the State Human Rights Commission, and requested several relevant authorities to intervene and take appropriate action. However, six months after the complaint was filed the authorities have failed to act on this.

Since the complaint was filed, two of the alleged perpetrators, SI Kannan and IP Vijayakumar, have reportedly been threatening and intimidating the couple to withdraw their complaint. The said policemen are reported to have frequently visited the couple’s house and have behaved in a threatening and intimidation manner.

We urge your immediate intervention to pressure the relevant authorities to provide immediate protection and ensure the safety of the victims while the case is in progress. The State Human Rights Commission and the Inspector General of the Police must resolve the complaint without delay. The IGP must impose immediate sanctions against the policemen involved in allegedly threatening the victims if the allegations are proven to be true.

Finally, please also request the Government of India to ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and the International Covenant on Civil and Political Rights (ICCPR). The Indian government must also adhere to the Declaration on the Right and Responsibility of Individuals to prevent such incidents from reoccurring.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
————————————————————————-

DETAILED INFORMATION:

Name of the victims:
1) Pethammal (42); and her husband 2) Pazhani (38) living in Sundharalingam Colony, Devipattinam Post, Sivagiri Taluk, Tirunelveli District
3) Paramasivam
4) Samuthiram
Date and place of incident: 3 January 2005 at the victim’s house
Alleged perpetrators:
1) Inspector of the Police (IP) Vijayakumar
2) Sub Inspector of the Police (SI) Kannan
3) Head Constable Shanmugasundaram and several policemen from the Sethur police station, Tirunelveli District, Tamil Nadu

Account of the incident:

On 3 January 2005, 42-year-old Pethammal was arrested by policemen from Sethur police station, Tirunelveli District, Tamil Nadu after they failed to locate her husband, Pazhani, whom they were pursuing over a fabricated complaint of theft. At least six policemen and a villager forced their way into Pethammal’s house. Pethammal was alone sleeping when the policemen arrived sometime after midnight.

Upon their arrival, the policemen started searching the house using torches. When Pethammal, who was only wearing a thin nightdress asked Paramasivam at the time, a villager who accompanied them, of the police’s purpose she was told that he was only asked to show the way to her house.

At this time Sub Inspector (SI) Kannan begun to verbally abuse Pethammal by calling her a daughter of a Palla prostitute. He asked her about her husband Pazhani’s whereabouts. He also humiliated her by calling her caste name “Palla Thevadiya Mundai”. He started hitting her right thigh with a lathi stick.  Every time she screamed with pain and fear, another policeman yelled at her to stop screaming.  Pethammal begged them to stop hurting her, but they simply ignored her.

Kannan continued to torture Pethammal asking her for her husband’s whereabouts. He repeatedly hit her right arm using the lathi stick. When he was told that her husband had gone to the farm fields, Kannan insinuated that she was sleeping with another man and she is a prostitute. They also humiliated her husband by calling him a son of a thieving prostitute.

Paramasivam reacted to Kannan’s treatment of Pethammal and asked him to refrain from humiliating her. He also asked Kannan to allow Pethammal to put her sari on. But Kannan simply ignored Paramasivam. Every time Kannan hit Pethammal on her right thigh, a subsequent blow followed from another policeman. Another policeman, Head Constable Shanmugasundaram also pulled her hand and punched her hard on her right elbow and on her back.  Although Paramasivam repeatedly pleaded with the policemen to stop beating Pethammal, they simply ignored him and continued on torturing her.

At around 1:20 a.m., Pethammal was made to walk outside without being allowed to put her sari on. She only had a bed sheet wrapped around her. One of the policemen, Shanmugasundaram, beat her right knee to make her walk faster, but she could only walk slowly due to being sick. Kannan later asked her to show them the way to where her husband was staying. She then got inside the police jeep while the policemen proceeded on looking for her husband at the village.

Inside the police jeep, Pethammal saw Samuthiram, a resident of North Devadanam. When she ask him whether he had any idea why she was being taken, Inspector of Police Vijayakumar, who was sitting near the driver’s seat, yelled at her telling her to shut up. As it was the middle of night, Pethammal shivered with extreme cold. Fifteen minutes later, Kannan’s team arrived bringing with them another villager, Thangaraj. They then headed to the Sethur police station.  While inside the jeep, Kannan threatened to kill her if her husband did not present himself to the police station. Shanmugasundaram subsequently hit her hard and threatened Paramasivam to confess who stole some metal rods or they would be killed.

Upon their arrival at the Sethur police station, Kannan turned them over to Constable Mariappan who was on duty at the time. Pethammal was detained together with four other male villagers. Pethammal had to endure a sleepless night feeling humiliated, scared and ashamed of being detained with the men.

When the Communist Party of India (CPI) Taluk Joint Secretary Mr. Palraj, North Devandanam’s Branch Secretary Mr. Vanraj and other CPI fellows arrived in the police station, they met Inspector Vijayakumar and questioned the arrest and detention of Pethammal, Paramasivam and Samuthiram. Vijayakumar and the Head Constable Shanmugasundaram did not answer their questions or argue with them. Instead, they immediately released all the detainees.

Prior to their release, when Pazhani became aware of his wife’s arrests, he immediately proceeded to Sethur police station together with Nattamai (headman of the village) Vanaraj, Sundrraj, Karuppasamy and Thangraj. Pazhani volunteered himself in exchange for his wife’s release. A few hours later, a policeman approached Pazhani and asked him whether he had knowledge about a hunting gun. He was beaten on his back after he denied any knowledge of the gun. He was beaten again on his right cheek and was called “Koothi Mahane” (verbal abuse) and “Palla Thevadiya Mahane” (son of Palla prostitute).

On January 5, the policemen arrived at the police station one after the other. At around 10:15 a.m., Vijayakumar arrived and asked Pazhani about the hunting gun. He also threatened to put him in jail. For two days, the policemen guarding the detention cell did not provide him any mat to cover the floor. Pazhani therefore had to lay on the floor without cover. He suffered mosquito bites and was not able to sleep.

On January 6, at 12.00 noon, when Nattamai, Vanaraj and Soundarraj arrived at the police station. They spoke with Vijayakumar asking the latter to release Pazhani. Another policeman wrote something on a paper and later asked Nattamai, Vanaraj, Soundarraj and Pazhani to sign them.  Pazhani did not know what was written on the paper.  The policemen demanded money to pay for the expenses they incurred in their search for Pazhani. Pazhani was later released after the persons who asked for his release agreed to pay the policemen.

After Pazhani’s release, he and his wife Pethammal made a complaint to the State Human Rights Commission, Chennai, DGP, Chennai, Honourable Chief Minister, Tamilnadu Government. On 4 January, copies of the complaint were also sent to Inspector General of Police, Chennai District Collector, Virudhunagar District, Superintendent of Police, Rajapalayam and the Inspector of Police, Sethur police station and to the Deputy Superintendent of Police, Rajapalayam.

It has since been reported that Kannan and Vijayakumar have been frequenting the couple’s house. They have threatened the couple to withdraw their complaint.  The village men Samuthiram and Paramasivam have given their written testimonies. None of the authorities mentioned have acted on the complaint made so far. No protection has been afforded to the complainant despite the reports of threat and intimidation.

————————————————————————–

 

 

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