INDIA: Alleged police inaction into dowry death of a woman 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its local partner organization MASUM in West Bengal regarding a dowry death of a woman by her husband and in-laws, that took place in South 24 Parganas district, West Bengal state, India. It is alleged that the victim was set fire to on 4 August 2006 and succumbed to her burn injuries on August 8. Despite the victim’s family’s repeated complaints, the Baruipur police have not taken any serious action to arrest the prime culprit – the victim’s husband. Dowry death is a serous problem in India and by law the police have a duty to make appropriate, effective and efficient investigations into the death of a woman caused by burns or bodily injury within seven years of her marriage and if a history of dowry harassment can be shown.

It is alleged that on 4 August 2006, Malati’s husband Chandan Malakar and his parents Mr. Brajragopal Malakar and Mrs. Lakshmi Rani Malakar poured kerosene on Malati and set fire to her at their house in Naridana village, Champahati, South 24 Parganas district, West Bengal. Narindana village is within the jurisdiction of Baruipur police station. Upon hearing of the incident from a local boy Parikshit, Malati’s father Mr. Sunil Biswas, who lives in the same village, rushed to her daughter’s house. Before he reached the place, Chandan had already taken Malati to Baruipur Hospital, where the doctors found that she was suffering from burns to over 90% of her body. Since then Chandan is absconding. Baruipur Hospital informed the Baruipur police of the incident who arrested Brajagopal and Laksmi Rani at their house.

Meanwhile, the victim’s father and other family members shifted Malati to the National Medical College & Hospital in Kolkata, where she was admitted in the female ward under Dr M. Mukherjee. The hospital issued a medical report stating that Malati was suffering from 90% burn injuries over her body at the time of her admission. However, she succumbed to her injures on 8 August 2006.

According to the victim’s family, Malati made two different statements just before her death. Initially she told the authority at Baruipur Hospital that she attempted to commit suicide. However, later she made a different statement at the National Medical College & Hospital. While giving this statement she mentioned that the earlier statement that she made at the Baruipur hospital was wrong and she had made it with the fear that if she said the truth something bad would happen to her child after her death. Malati has two and a half year old daughter named Neha Malakar. In the statement made by Malati at the National Medical College & Hospital she said that her husband and in-laws set fire on her. According to the Indian law on evidence, the last statement made by Malati at the National Medical College & Hospital could be considered as a ‘dying declaration’ which has high evidentiary value in a court of law.

According to the victim’s family, Malati married Chandan about six years ago. At the time of marriage, Malati’s parents had given Malati money, jewelry and other household articles as gift. A document was also written and signed showing the details of the articles that were given to Malati during the time of marriage. It is alleged that Chandan and his parents constantly demanded money and when Malati’s family failed to meet the demand, Malati was constantly tortured physically and mentally by Chandan and his parents.

On 7 December 2004, Malati reportedly attempted to lodge a written complaint with the Baruipur police station regarding the torture that she was facing at the hands of her husband and her in-laws. However, due to her ignorance, she submitted her complain to a local representative of panchayat (village council). According to the Baruipur police, the complaint never reached to them.

On 4 August 2006, the victim’s father Sunil attempted to lodge a complaint against Chandan and his parents at the Baruipur police. Accordingly, a First Information Report (FIR) has been registered but despite repeated requests by the victim’s family, the police refused to provide a copy of the FIR to the victim’s family. They only informed Sunil that a crime was registered under Sections 498A (cruelty against women by husband or relative of husband), 326 (voluntarily causing grievous hurt by dangerous weapons or means) and 307 (attempt to murder) of the Indian Penal Code against Chandan [case number 182(8) 06 dated 4.08.06] and that Mr. Gourahari Roy was appointed as an investigating officer for the case. However, it is later known that an additional offence was also included – Section 302 (murder) into the charges.

Even though the police arrested Chandan’s parents, it is alleged that they did not attempt to arrest the prime suspect Chandan. Chandan, who absconded from the hospital on the evening of August 4, has now allegedly returned to his village.

Although the victim’s father informed this to the investigating officer Mr. Gourhari Roy, he has not paid any attention to his plea. On the contrary the officer has allegedly asked Sunil to keep quiet and also threatened him that if he made more complaints he would be implicated in false charges. Meanwhile, a mass petition of the local residents was also submitted to Officer in Charge (OC) of the Baruipur police station requesting for immediate arrest of Chandan. However, to date the police have failed to arrest Chandan.

Disappointed by the Baruipur police’s inaction into the case, the victim’s father then lodged a complaint to Superintendent of Police, South 24 Parganas district on 23 August 2006. But this officer has also taken any action to properly investigate the incident or to arrest Chandan.

A postmortem was conducted on the body of the victim at the National Medical College & Hospital on August 9. The body disposal certificate bears the Inquest No – 354 dated 09/08/2006. However, the victim’s family alleges that the police might have altered the actual time of death and it is probably for this reason they delayed the handing over of the body after the post mortem.

In this context it is important to note that in India postmortem reports are often prepared by inexperienced and unqualified persons like sweepers and cleaners appointed on temporary basis in hospitals. In rare cases if a qualified medical doctor examine the body, the police still have uninterrupted access to negotiate with the doctors to get reports tailor-made to the police officer’s need. This loose handed way of conducting postmortem examination is exploited by the police officers who get false and fabricated reports prepared to help criminals after collecting bribes from the criminals. This is an issue which the AHRC in the past has tried to bring to the attention of the government of India. For further information please see AG-01-2004 and AS-09-2004. Additionally please also see our earlier urgent appeals regarding cases of dowry deaths reported from India. For further information please see UA-095-2006, UA-91-2005 and UG-016-2006.

ADDITIONAL COMMENTS:
It is widely known that cruelty meted out against women regarding dowry is a curse in the Indian society. The evil practice of dowry is practiced in all religions in India. It is worse in the Indian middle class where parents are forced to go to borrow money at huge interests to pay off dowry demands for their daughters to marry them off to financially rich persons. In most cases the dowry demanded depends upon the groom’s job and his family status. The government of India, in an attempt to prevent the practice of demanding, paying and accepting dowry during and after marriages has enacted a law criminalising the practice. This is through the enactment of the Dowry Prohibition Act 1961. However, the implementation of the Act is despicably poor that the practice continues openly even today. In consonance with the Act, there were a few changes made to the Indian Penal Code, 1860. New offences like 498A and 304B were incorporated into the Code. However all these provisions make sense only if the local police functions with a clear intention to prevent crime. In India the state of policing has fallen to such condemnable state that for ordinary persons to get justice through the police is practically impossible. Corruption and ineptitude in policing has gone up to such an extent that the ordinary people consider the local police as criminals in uniform.

SUGGESTED ACTION:
Please write to the relevant Indian authorities listed below and demand their urgent intervention into this case. The AHRC has written separate letters to the United Nations agencies, particularly to the office of the Rapporteur on violence against women, its causes and consequences Ms. Yakin Erturk, calling for an immediate intervention in this case.

 

 

 

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