In its latest proceedings held on 15.05.2018, the National Human Rights Commission (NHRC) directed the State Government of West Bengal through its Chief Secretary to show cause as to why it should not recommend compensation to a minor girl, who was raped by a police officer at a police barrack in Cooch Behar district, West Bengal in September 2017. The response by the Chief Secretary is returnable within six weeks.
The case pertains to the rape of 9-year-old girl by Assistant Sub-Inspector of Police (ASI) identified as Haridas Roy at the Dinhata barrack in Cooch Behar district of West Bengal on 06.09.2017. The victim, a Class IV student, was sexually assaulted when she went to deliver breakfast to the accused police officer in his room. Following the rape, the accused threatened the victim with dire consequences if she revealed the incident to anyone. Initially, the victim kept silent but later when her mother, who runs a small eatery in the area, asked her to deliver the food again to the accused, she disclosed the incident.
The NHRC intervened into the matter pursuant to a complaint filed by Asian Centre for Human Rights (ACHR) on 20.09.2017. Among others, ACHR urged the NHRC to direct the State Government of West Bengal to order an enquiry into the incident, appropriate legal action against the accused and adequate compensation to the victim.
The NHRC registered the complaint (1268/25/6/2017) and issued notice to the State Government of West Bengal to submit detail reports.
In compliance to NHRC’s direction, a report dated 19.01.2018 was submitted by the Director General & Inspector General of Police, West Bengal, which states that a case was registered against ASI Haridas Roy at Dinhata police station vide Case No.886/17 dated 16.09.2017 u/s 376(2)(a)(ii) IPC r/w sec. 6 of POCSO Act. The report further stated that after completion of investigation, charge sheet was filed in the court vide Dinhata PS C.S. No. 1035/17 dated 25.12.2017 u/s 376 (2) (a) (ii) IPC r/w sec. 6 of POCSO Act.
However, NHRC found that the report did not mention about the administrative action taken by the West Bengal Police Directorate against accused ASI Haridas Roy, an employee under the West Bengal Police Directorate, Kolkata. Accordingly, the NHRC directed the Director General of Police, West Bengal to submit the administrative action taken as per service rules in respect of its employee ASI Haridas Roy within four weeks.
On consideration of the reports, the NHRC said “The report revealed that the allegation against the accused ASI was found to be true. In the opinion of the Commission a case of violation of human rights of the victim is made out.”
