T his column will carry a story, unfolding an intricate case of human rights violations, leading to diametrically opposite revelation to prima facie claims and findings after investigations by the NHRC team.
Sexual assault of a Nun
(Case No. 532/33/14/2015-WC)
A Nun was sexually assaulted at Christ Sahay Kendra, Raipur, Chhattisgarh on the intervening night of the 19th - 20th June, 2015. The incident created a nationwide wave of shock and concern. An FIR was filed at Police Station Pandri on the 20th June, 2015. For days, the Police was not able to figure out any lead in the case. It, in fact, tended to doubt the statement of the victim herself. The victim and other inmates of the Christ Sahay Kendra were being subjected to repeated questioning, making them feel harassed even as the culprits remained at large. At this juncture, the Commission received a complaint dated 7th July, 2015 in the matter requesting for its intervention.
The Commission deputed a team of officers from its Investigation Division for an enquiry from the 9th - 11th July, 2015. The enquiry exposed many loop holes in the processing of the case and related investigations by the Chhattisgarh police. The police didn't register the FIR under proper sections of IPC, as per the allegations of the victim. It also did not record her statement before the Judicial Magistrate as per the mandate of Section 164 [5(a)].
The Chhattisgarh police not make any efforts to secure or protect the scene of crime. As a result, many ingress and egress were made by several police officials and staff of the Missionaries leading to the destruction of vital forensic evidences. It found an inbuilt procedural delay in the prevailing system. The Chhattisgarh Police Regulation maintained that the medical examination of the rape victim can be conducted only after obtaining prior permission of the Executive Magistrate/Sub Divisional Magistrate, which had no legal sanctity. In fact, the Chhattisgarh police, did not have any Standard Operating Procedure to follow while dealing with such cases, nor did it have any procedure, in place, for its interaction with media, which in the instant case led to tarnishing of the image of the victim in public.
The enquiry by the investigating team of the Commission not only absolved the victim of insinuating remarks and doubts expressed by the police but also led to the arrest of the two accused in the case against whom, a case was registered on the 20th June, 2015 with the report of SP, Raipur saying that the victim will not be troubled.
The investigations also led to pin pointing several loop holes in the professional and procedural approaches of policing in Chhattisgarh. The Commission said that the State cannot absolve itself by paying a meagre amount of Rs. 25000/-under the "Victim Compensation Scheme 2011", which in the light of the Supreme Court judgement it had to enhance to Rs 3 lakh, which the State government paid to the victim.