Asian Centre for Human Rights

Subject: Violence against women - complaint against torture of Mrs Kamalabai, a resident of Hebbal village in Chitapur Taluk of Gulbarga District by the Karnataka Police on 8 and 9 July 2003.

Dear Justice Anand,

I am writing against the torture of 45-year-old, Mrs Kamalabai in the custody of the Chitapur Police station under Gulbarga district of Karnataka on 8 and 9 July 2003.

Mrs Kamalabai, a resident of Hebbal village in Chitapur Taluk of Gulbarga District alleged that the Circle Inspector of the Chitapur Police Station, the Sub-Inspector and three male constables had illegally detained and tortured her for two days on 8 and 9 July 2003 in police custody in connection with a murder case. She was tortured in front of her husband and other relatives.

Although, she was detained, there was no record of a formal arrest. Neither was Kamalabai produced before a magistrate, which is mandatory.

She was released without any case being filed against her.

Mrs Kamalabai, who belongs to the Oddar community, a Scheduled Caste, said not a single woman constable was present during her interrogation. The male constables first tied her hands and legs. Then an iron rod was placed on her hip. Two constables stood on the rod and rolled it up and down her legs.

I shall be grateful if the NHRC could kindly intervene against the torture of Kamalabai by taking the following measures:

- Direct the State government of Karnataka to suspend Circle Inspector of the Chitapur Police Station, the Sub-Inspector and three male constables who tortured Kamalabai;

- Direct the State governments of Karnataka to order a magisterial inquiry and submit the report to the NHRC within four weeks;

- Direct the State governments of Karnataka to register cases against the concerned police personnel under relevant provisions of Criminal Procedure Code, Penal Code and SC/STs Prevention of Atrocities Act;

- Direct the State governments of Karnataka to pay an interim compensation of Rs 100,000 (one lakh) to the victim and that the same be recovered from the guilty police personnel;

- Direct the Government of India to ratify the United Nations Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and

- Take any other measures that the NHRC deems fit.

Looking forward to your kind intervention.

With kind regards,

Yours sincerely

Suhas Chakma
Director