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INDIA: Two-day old newborn dies in custody due to gross police misconduct

December 7, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

7 December 2006
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UA-391-2006: INDIA: Two-day old newborn dies in custody due to gross police misconduct

INDIA: Misconduct of police; insincere policing; inhuman approach of hospital; impunity; failure of the rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its local partner MASUM in West Bengal regarding the death of a two-day old baby after she was arbitrarily detained along with her mother at the Jagacha police station in Howarh district, West Bengal on 28 August 2006.  No inquiry has been launched concerning the death even though the law stipulates that a judicial magistrate must investigate all deaths while in police custody.

CASE DETAILS:

On November 26, Ms. Soma Giri delivered a baby girl at the Bankra Central Nursing Home after undergoing a cesarean operation. The nursing home authorities then discharged the mother a few hours later but kept the newborn baby for another two days since the infant's heath was weak. 

On the same day, Ms. Soma's parents went to the Jagacha police station and filed a complaint against Mr. Sanatan Mudi (alias Santanu) regarding the alleged rape of their daughter. Subsequently on November 28, the case was registered (case no. 207) under section 376 (Punishment for rape) of Indian Penal Code (IPC) 1860. Sanatan was then later arrested that same day. 

On the evening of November 28, Jagacha police brought Ms. Soma along with her baby to the police station and inquired about the alleged rape case. The police detained her and her newborn baby overnight without reason and kept them outside of the lock-up area. Later in the night the baby began to cry due to the cold; however, the police did not provide any blankets or other materials to keep the infant warm. When the child finally stopped crying, Ms. Soma discovered that her baby had died.  The next morning, the police brought the baby to Howrah District General Hospital where a doctor declared that the infant was dead.  The relevant records are kept at the hospital. 

Meanwhile, the Officer-in-Charge (OC) of the Jagacha police station claims that they had to detain Ms. Soma and the baby because they wanted to perform a DNA test in order to identify the child's father. However, such police claims do not justify such harsh treatment against an infant or explain why they needed to detain the young family overnight. 

The authority's action is also in violation of Section 160 of the Criminal Procedure Code (Cr PC) which strictly prohibits the police from detaining any women or person below the age of 15 at a police station without a warrant. However, the Jagacha police brought the mother and infant to the police station without any judicial order.

Furthermore, Section 176 of Cr PC states that when any person dies in the police custody, the concerned judicial magistrate is empowered to hold an enquiry into the cause of death. Until now, no such inquiry has been initiated in this respect. Also, an autopsy has not been conducted, which is in violation of the guidelines made by the National Human Rights Commission of India (NHRC) that clearly affirm the importance of performing an autopsy that is conducted by an expert and that is also video graphed.

The AHRC strongly condemns the misconduct and the violation of procedure of law by the Jagacha police that resulted in the infant's death. We urge local authorities to immediately register the case against the responsible police officers including the OC and suspend them while the investigation is on-going. Furthermore, Ms. Soma must be adequately compensated for this unnecessary and extremely traumatic experience.      

SUGGESTED ACTION:

Please write to the relevant authorities and ask for their immediately intervention in this matter. Please urge them to order a prompt and thorough investigation regarding the misconduct of the Jagacha police and to take the proper steps in punishing the alleged perpetrators. Please also express your condemnation towards this clear and absolute violation of legal procedure.

To support this appeal, please click:

Sample letter:

Dear ________,

INDIA: Two-day old newborn dies in police custody due to gross misconduct

Name of victims:
1. Mrs. Soma Giri, daughter of Mr. Sasthi Giri, residing in Palpara within the jurisdiction of Jagacha police station in Howarh district, West Bengal state, India (arbitrarily taken into police custody)
2. Mrs. Giri's 2 and a half days old girl child (died in police custody)
Alleged perpetrators: Officers attached to the Jagacha police station
Date of incident: 28 November 2006

I am extremely disturbed to learn about the death of a two-day old baby after she was arbitrarily detained along with her mother at the Jagacha police station in Howarh district, West Bengal on 28 August 2006.  I understand that no inquiry has yet to be launched concerning the death even though the law stipulates that a judicial magistrate must investigate all deaths while in police custody.
 
According to the information I have received, the victim's mother Ms. Soma Giri delivered a baby girl at the Bankra Central Nursing Home after undergoing a major scissoring operation on 26 November 2006. The nursing home authorities then discharged the mother a few hours later but kept the newborn baby for another two days since the infant's heath was weak. 

I then was told that on the same day, Ms. Soma's parents went to the Jagacha police station and filed a complaint against Mr. Sanatan Mudi (alias Santanu) regarding the alleged rape of their daughter. Subsequently on November 28, the case was registered (case no. 207) under section 376 (Punishment for rape) of Indian Penal Code (IPC) 1860. Sanatan was then later arrested that same day. 

Then on the evening of November 28, Jagacha police brought Ms. Soma along with her baby to the police station and inquired about the alleged rape case. The police detained her and her newborn baby overnight without reason and kept them outside of the lock-up area. Later in the night the baby began to cry due to the cold; however, the police did not provide any blankets or other materials to keep the infant warm. When the child finally stopped crying, Ms. Soma discovered that her baby had died.  The next morning, the police brought the baby to Howrah District General Hospital where a doctor declared that the infant was dead. 

I have also learned that the Officer-in-Charge (OC) of the Jagacha police station claims that they had to detain Ms. Soma and the baby because they wanted to perform a DNA test in order to identify the child's father. However, such police claims do not justify such harsh treatment against an infant or explain why they needed to detain the young family overnight. 

I am deeply concerned by the authority's action since they have clearly violated Section 160 of the Criminal Procedure Code (Cr PC) which strictly prohibits the police from detaining any women or person below the age of 15 at a police station without a warrant. It is evident that the Jagacha police brought the mother and infant to the police station without any judicial order.

I also know that Section 176 of Cr PC states that when any person dies in the police custody, the concerned judicial magistrate is empowered to hold an enquiry into the cause of death. Until now, no such inquiry has been initiated in this respect. Also, an autopsy has not been conducted, which is in violation of the guidelines made by the National Human Rights Commission of India (NHRC) that clearly affirm the importance of performing an autopsy that is conducted by an expert and that is also video graphed.

In light of the above, I strongly urge that you immediately intervene in this matter. I ask that you appoint an independent investigating authority to enquire into the role of Jagacha police. If it is proven that the police have violated the procedure of law, legal action must be taken against the officers allegedly responsible, including the Officer- in Charge of Jagacha police station.

Furthermore, to ensure the impartiality of the inquiry and the safety of Soma's family, the officers allegedly involved in this case should be suspended immediately during the investigation process. I also ask that a competent and independent post-mortem is conducted on the infant without further delay. Finally, Ms. Soma must be adequately compensated for this unnecessary and extremely traumatic experience.      

I look forward to hearing about your urgent intervention into this case.

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PLEASE SEND YOUR LETTER TO:

1. 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

2. 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

3. Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi -110001
INDIA
Fax: +91 11 2334 0016
Email: chairnhrc@nic.in

4. 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
Email: padgp@wbpolice.gov.in 

5. Chief Secretary
Government of West Bengal
Writers' Buildings, Kolkata - 700001
West Bengal
INDIA
Fax: +91 33 22144328

6. Home Secretary
Government of West Bengal
Writers' Buildings, Kolkata - 700001
West Bengal
INDIA
Fax: +91 33 22143001
Email: sechome@wb.gov.in


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type :
Urgent Appeal Case
Document ID :
UA-391-2006
Countries :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.