ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
14 February
2006
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UA-062-2006: INDIA: Gang rape of a tribal woman by upper caste men
in Uttar Pradesh
INDIA: Rape; Discrimination; Police inaction; Rule of
law
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Dear friends,
The Asian Human Rights Commission (AHRC) has received information from the People's Vigilance Committee for Human Rights (PVCHR), a local human rights group working in Uttar Pradesh, India, regarding the gang rape of a young woman. The woman belonged to the Nut Community (a scheduled tribe) in Sirsi village, Chandauli District, Uttar Pradesh. She was gang raped by four men from the upper caste Hindu Community on 14 January 2006. According to the latest information we have received, the Chandauli police have delayed the arrest of the perpetrators who, after an unreasonably long length of time were finally arrested. The victim and her family are afraid that they will face intimidation from the Indian community around them because the perpetrators are from an influential upper caste community in the area.
Seven families comprising of 35 individuals belonging to the Nut Community, reside at Sirsi Village, Chandauli District, Uttar Pradesh, India. The Nut Community are one of the most marginalized tribe communities in Indian society and they have been living in this village for generations. At 1:00am on 14 January 2006, four men namely Pankaj Singh, Barsati Singh, Pintu Singh and Ghutau Singh from near Hinauti Village came to Sirsi Village and attacked a family residing in the Nut Community. The four men brutally assaulted family members and chased them away from the house, leaving one member of the family; Ms. X (aged 22) alone in the house. The four men then forcibly took her to the pulse plants field, 1 kilometer away from her house, where they gang raped her for three hours. When the victim fell unconscious, they threw her onto a nearby railway line and left Sirsi Village..
In the early hours of the same day, an old woman living in Sirsi village found the victim lying on the railway line and informed this discovery to other villagers. The victim's family reported the incident to the Chandauli Police Station and lodged a First Information Report (FIR) against the four perpetrators under Section 376 Indian Penal Code and under Section 3(2) and 5 of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act 1989.
However, the police delayed taking any action into this case or arresting the perpetrators. They only arrested the perpetrators over 40 hours later because of pressure from the Nut Community. The four perpetrators are members of the Singh Community, which are feudal landlords and have huge influence over the village.
In such cases of abuse by the Singh Community, it is common in India that the victims, who are mostly from the poorest sectors in society, are pressured by the perpetrators to withdraw their complaints against them. In particular, when the perpetrators belong to an upper Hindu Community, the victims face even more serious intimidation and pressure. In many cases, if they refuse to withdraw their complaints, they are forced to leave their place of residence. Due to this, the victim and her family are afraid that they will face similar problems as described above.
The Nut Community members in Sirsi Village live in very poor conditions and have to make their living by begging. They live in small huts without roofs and do not own any land. The land where the Nut Community have lived for generations is owned by the government (Gram Samaj). Section 122 B (f) of the Uttar Pradesh Zimindari Abolition and Land Reforms Act 1950 guarantees the people legal ownership over the land if they have resided on it for over 22 years. However, such rights of the Nut Community members have never been realized. It is also reported that there are 14 children who are all under the age of 14 but do not go to school and many families do not have ration cards despite their dreadful living conditions.