Asian Centre for Human Rights

Subject: Complaint against the alleged stripping and molestation of one Nilima Barik of Jamara village, under Mahakalapada police limits of Kendrapara district of Orissa by Mr Ashok Barik, officer-in-charge of Mahakalpada police station on 13 June 2003.

Dear Justice Anand,

I am writing to seek the intervention of the National Human Rights Commission against the alleged stripping and molestation of one Nilima Barik of Jamara village, under Mahakalapada police limits of Kendrapara district of Orissa by Mr Ashok Barik, officer-in-charge of Mahakalpada police station.

According to a complaint filed by the victim, Ms Nilima Barik with the Superintendent of Police, Kendrapara, on 13 June 2003, Mr Ashok Barik, Officer-in-Charge of Mahakalpada police station under Kendrapara district of Orissa forcibly entered her house. Mr Barik stripped her and attempted to molest her. As she shouted for help, the villagers rushed to help. The inspector managed to flee after threatening to shoot the villagers with his pistol.

Although, the Superintendent of Police reportedly took congnisance of the complaint, I am writing to seek the NHRC's intervention in view of the increasing violence against women by the police and the lack of punitive actions against the culprits including Mr Ashok Barik in particular.

According to press reports, Mr Barik has got 10 "black spots" in his Annual Confidential Reports for his alleged crimes including alleged throwing of boiling water on women, attempted murder, illegal confinement of innocent people and assaults on common people without reason or provocation.

The Kendrapara sub-divisional judicial magistrate had reportedly issued a non-bailable warrant against him a few months ago on charges of causing burn injuries to a woman by throwing boiling water on her. Mr Barik was arrested, but after being released on bail he has again been posted to that particular police station.

This track record of the Police Department to take effective action against Mr Barik fails to raise any confidence about the inquiry instituted by the Superintendent of Police. Rather, the posting of Mr Barik in the same police station from where was earlier arrested may have created fear amongst the people.

Violence against women is most reprehensible and cannot be justified under any circumstances. However, if the law enforcement personnel perpetrate such violence, there is no stopping from descending to barbarity.

The United Nations High Commissioner for Human Rights, Mr. Sergio Vieira de Mello stated to the 59th Session of the Commission on Human Rights, "All acts of violence against women - whether committed by the military, State officials, or relatives - and wherever they occur, must be strongly condemned and effectively prosecuted. Often the legal framework is available, but prosecutors or judges interpret it in lenient manners, or avoid taking the issue as seriously as it must." The UN Special Rapporteur on Violence Against Women further stated that "Despite the progress, in general States are failing in their international obligations to effectively prevent, investigate and prosecute violence against women."

I shall be grateful if the NHRC could kindly intervene by taking the following measures:

1. Direct the State government of Orissa to immediately order a magisterial inquiry into the molestation of Nilima Barik and submit the report to the NHRC within four weeks;

2. Direct the State government of Orissa to suspend Officer-in-Charge, Mr Ashok Barik with immediate effect to ensure that the inquiry could be conducted without any fear, retribution or undue influence in the inquiry;

3. Direct the State Government of Orissa to pay interim compensation of Rs 500,000 to Ms Barik and the same be recovered from Mr Ashok Barik;

4. Establish a separate cell within the NHRC to deal with violence against women by the law enforcement personnel; and

5. Take any other measure that the NHRC deems fit.

Looking forward to your kind intervention.

With kind regards,

Yours sincerely

Suhas Chakma
Director