Investigative Report of HRCBM-Dhaka on the news“House Wife Gang-raped” at village: Shatbaria under Kaliganj P.S. within Jhenaidah District. (Investigation conducted by HRCBM on July 5, 2006 at 3 p.m.).
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I, Adv. Rabindra Ghosh along with Prof. Ashok Toru of HRCBM-Dhaka rushed to the spot on 05.07.06 at Shatbaria of Kaliganj P.S. Jhenaidaha District 260 kilometers from Dhaka on receipt of information published in the daily” Bangladesh Observer” dated 1st of July, 06 that a housewife – Shymoli Rani Das (20) was gang raped.
Back -Ground Information:
Ms. Shymoli Rani Das (Rishi) aged about 20 years of village Shatbaria under Kaliganj Police station within the district of Jhenaidah was married to one Milan Das of the same locality 3 years back and residing in the house of the father of Shymoli Das permanently. She gave birth of a child namely Ms.Sumitra Das two years back. She got her old parents Ms.Fulmala (M) and Mr. Dinabandhu (F) and looking after them with a very scanty income. On 20th June 2006 at about 2 p.m. while both Shymoli and Milan were sleeping side by side in a thatched room some unknown miscreants numbering about 4/5 entered into the room unlawfully and at the gun point raped Shymoli one after another. After rape the miscreants injured the victim by pushing a bamboo made stick on her private part. As a result the victim got severe injuries at her private part, fell unconscious pouring constant blood from her body in the bed. The husband of the victim could not resist as he was threatened to death. Shymoli was primarily taken to Thana Health Complex and the doctor Mannan on 20th June, 06 who checked and referred her to Jhenaidaha Sadar Hospital on 21st June, 06. The report of Sadar Hospital is positive and sign of injuries and torture on her vagina is prevalent. She was released on 2nd of July 2006.
Spot Investigation:
We reached Kaliganj Police station on 5th of July 06 at about 12-30 p.m. talked with Officer-in-Charge -Monjur Morshed who was also earlier briefed by the Superintendent of Police - Jhenaidaha about our visit to his police station. We enquired about the victim Shymoli Rani. The O.C. on reply told us that no F.I.R. has been made as the victim was not interested to lodge any complain against anybody. We also asked whether any initiative was taken to examine victim medically by police, but police replied that as the victim was not interested to be examined and police refrained from taking any initiative. But Md. Hemayet Hossain has made a general diary in the P.S. a Sub-Inspector of Police. We collected the general diary report of S.I. and found that report is far from satisfactory and a perfunctory investigation has been conducted and no initiative has been taken by police to examine the victim medically as per law.
Monjur Morshed – O.C. of Kaliganj wanted to accompany us along with Local U.P. Chairman - at the spot where the victim was gang-raped and tortured.
Statement of the Victim:
We reached at the spot at about 1-30 p.m. and found the victim housewife was not able to move and we asked her about the incident of torture upon her. She kept herself aloof about the incident of rape, but she admitted that a serious injury on her private part by a bamboo stick is true and she does not want to complain, as she could not recognize the perpetrators of crime at darkness. She also produced the alamat - bamboo stick before us and showed us that somebody pushed this bamboo stick on her private part at dead of night and causing serious injuries on her vagina. She also continued to say that she has got neither enemy nor any bad relationship with the neighbor, although they are helpless and destitute. We have videotaped her statements and took picture on the spot. Police did not seize the bamboo stick, bloodstained clothes and alamats despite our request, which are the vital evidences of torture.
Statement of Md.Habibur Rahaman- U.P. Chairman of Maliat :
We found Md. Habibur Rahman of Union Parishad No.8 who admitted that he is the active leader of Jamat-E-Islami of Bangladesh and Rokon of that Union. He came to know the incident from Aminur Rahman – an Ward Member of the union that some unknown perpetrators entered into the house of the victim and pushed a bamboo stick on the private part of Ms. Shymoli Rani on 20th of June, 06 at night, but the victim does not want to lodge any complain to anybody and she denied incident of gang rape on her because of unknown reasons. He also described that he loves the minority community and they have voted for him during election. We asked the victim and her parents whether any threat has been given to them or not, they in front of police and chairman denied. We asked why this report has been published in the national dailies without verifying the cause of torture, they could not properly reply.
Statement of Ms.Fulmala and Dinabandhu Das :
We have also asked the guardian of the victim Ms. Fulmala (45) (mother) and Dinabandhu (60) (father) who elaborately described that “some perpetrators entered into the house of my daughter forcefully and we woke up due to hue and cry at night and my daughter started crying – saying save me and save me” but they could not recognize the perpetrators and found that blood was pouring from the vagina and she was taken to Kaliganj Health complex for treatment and wherefrom she has been transferred to Jhenaidaha Sadar Hospital for better treatment. They all confessed that there was assault, bleeding – everything was right, but they did not implicate anybody of the area for this heinous offence. But body wanted to say it is matter of abortion, but we did not find any reason of abortion at this stage at the spot. We found 8-9 Hindu Rishi families in this locality and they are residing there with agony and anxiety.
Recommendations and Opinion:
1) The Police administration has totally ignored this incident and failed to accord protection of this minority family after the incident took place on 20th June,06. The constitutional rights have been violated.
2) Police also did not take initiative to send this victim for medical examination whether gang rape, as per report of the newspaper, has been proved genuine.
3) Police also miserably suppressed the materials facts not lodging any F.I.R. at Kaligonj police station in time only making a G.D. entry which is nothing but sheer negligence on the part of the administration.
4) Where there is a specific law if any cognizable offence is reported to the police – it is the duty of the police officer to take cognizance of the case as per law. The question of not lodging any FIR in the police station by the victim is immaterial. Knowledge of cognizable offence in his jurisdiction is enough for investigation into the matter.
5) The responsible police officer on duty should be directed to investigate the matter judicially and in accordance with law and the negligence on the part of police should be enquired into.
6) The Minorities should be protected and discrimination in respect of taking cognizance against women is the violation under the law.
7) As the Government of Bangladesh became a signatory of the Convention on the Elimination of All forms of Discrimination Against women on November 6, 1984 it was the obligatory duty of the state to protect the rights of minority women.
8) The government of Bangladesh should make adequate compensation and immediate Medical examination with full treatment of the victim.
9) The perpetrators of crime against humanity should be brought to justice according to law.
We came back from Jhenaidaha to Dhaka by bus on the same night.
Prepared and submitted by:
Rabindra Ghosh
President, HRCBM-Dhaka, Bangladesh