Asian Centre for Human Rights

Subject: Complaint against the stripping and molestation of a Dalit Sarpanch, Ms Niyati Behera (25) by a group of Biju Janata Dal (BJD) supporters near the Batira hamlet under the Patkura police station of Orissa on 14 June 2003.

Dear Justice Anand,

I am writing to seek urgent intervention of the National Human Rights Commission against the alleged stripping and molestation of a Dalit Sarpanch, Ms Niyati Behera (25) by a group of BJD supporters near the Batira hamlet under the Patkura police station of Orissa on 14 June 2003.

The complaint stated that at least five supporters of a local BJD leader forced their way into the victim's house after breaking open the front door. After overpowering her husband, the miscreants dragged Ms Behera to the street and stripped her. She was also allegedly molested by ruling party supporters.

The victim, Ms Niyati Behera (25) was later examined and was undergoing treatment in the district head-quarters hospital at Kendrapapa. Ms Behera sustained injuries and bruises on the face, spinal cord and other parts of the body.

Earlier on 13 June 2003, ruling Biju Janata Dal members in Batira gram panchayat had an altercation with Ms Behera, who refused to accede to their demand of taking unauthorised cement under Indira Awas Yojana scheme. This might have provoked the attack on Ms Behera.

But till almost 18 hours of the incident no case had been registered at the police station.

Media reports and inquiries prompted the police to act and two persons were arrested. The police have allegedly been protecting the culprits.

Such violence against women is most reprehensive and NHRC must take firm measures to stop such violence against women.

As 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 register the First Information Report, arrest the victims under relevant provisions of the Scheduled Castes and Scheduled Tribes, Criminal Procedure Code, Indian Penal Code and other relevant laws and take measures for prosecution;

2. Direct the State Government of Orissa to order a judicial inquiry into the stripping and molestation of the Ms Behera;

3. Direct the State Government of Orissa to pay interim compensation of Rs 500,000 to Ms Behera;

4. Direct the State Government of Orissa to submit quarterly report to the NHRC about the prosecution of the culprits; 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