NGO Director rape case NCW : Police should probe, not NGOs
Source: The Sangai Express / Ninglun Hanghal

New Delhi, December 24, 2013: National Commission for Women Member Nirmala Samant Prabhavkar today reiterated that under Section 164 of code of criminal procedure, the statement of the victim (complainant) should be recorded by the police in the presence of the Magistrate.

"This is mandatory under the new rape law 2013" said Prabhavkar.

The Commission member today told The Sangai Express at her office chamber in New Delhi that the matter of the alleged rape involving the Director of an NGO (Institute for Social Democracy) came to the NCW only after three months of the incident, on December 13.The complaint was filed at the Vasant Kunj police on December 14."Prima Facie, it is a crime, but I fail to understand why the recorded statement (of the victim) was going around the market for three months" said Prabhavkar while speaking to The Sangai Express.

The incident of September 12, was known to the seniors and subsequently brought to the notice of the Board members of the NGO the same month.

The statement of the victim was however recorded on September 19 with the board members reportedly holding an "internal" inquiry in October.

"But why is nobody going to the police ?" asked Prabhavkar.

On hypothetical argument of the victim unwilling to go to the police, the Commission member argued , "Why then was her statement recorded?".

She said "On the other hand, if a victim is willing to file a case , why did her statement go around for three months, and not to the police ?" asked the Commission member.

While the Chief Functionary in the NGO Boond , had discouraged Rita ( name changed) to opt for legal process, Rita and her friends approach Madhu Kishwar for advice, who had helped record her statement.

Moreover Rita and her friends verbally reported the matter to Kavita Khrishnan, a woman activist, who further reported to the NGO � ISD Board members who under Kalyani Menon Sen, held an 'internal' inquiry.

NCW member Nirmala Prabhavkar explained " it is not the duty of the NGO, the police is duty bound to investigate the case.

Rape is a crime and crime should be reported to the police" she reasoned.

On asked whether the police who are known to be the unfriendly, besides the long legal process, which does not necessarily favor victims , could be the reason why NGOs avoid going to the police, the Commission Member said "this is a matter that involves powerful NGOs and women activists, who are known to be quite capable ( example Dec 16 )" she said and added "This is double standard".

The alledged rape accused Dr Anwar, who committed suicide have become a complainant.

Stating that it was unfortunate, the Commission member said " suicide is in itself a crime, an offense".

Meanwhile the Delhi police are back from Manipur after recording the victim's statement .

"We will follow up the matter" said NCW member Nirmala Prabhavkar.

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