Sexual Assault case in Assam :: National Fact Finding Team Report

Guwahati, Aug 3 2012:

Press Club, Guwahati

The contradictions in the statements of the Army, Police and the agitating locals leads to a nowhere situation for a young women who narrowly survived an attempt to rape by a Jawan of the Armed forces in Dolopa village, block Demow, Sibsagar District of upper Assam.

An independent fact-finding team comprising members of the legal fraternity, media, activists and academia from across the country visited the said village and met the victim and her family. The team also met senior state officials. An appointment sought with the Colonel of the Army deployed in Sibsagar through the office of the D.C. was refused. The team represents Women against State Repression and Sexual Violence (WSS) while the investigation is initiated by the Assam Chapter of Women in Governance (WinG)

The team found discrepancies:
- in the interpretations of incident,
- in the procedures followed by the various agencies,
- in lack of agency given to the complainants in cases of offences by Army officers
- in transparency of procedures, and, in accountability of officials.

Summary

On 13.7.2012 at about 5 p.m., the accused, an army jawan of the 596 Field Regiment, attempted to rape a 19 year old women of the Missing community while she was collecting firewood. Upon the girl and her mother making a hue and cry, other women working in and around the forest reached the spot, the accused was nabbed by them and handed over to the IC, Nitaipukhuri.

A complaint was lodged by the mother of the girl to the police on 13th itself. The local police, however, instead of arresting the accused allowed him to leave the spot, upon the insistence of the commanding officer of the Army Unit, Colonel Chandrasekhar Sharma who arrived at the spot. Only on 15.7.2012, after protests began, the accused was handed over to the police and arrested. On 15.7.2012, army personnel also arrived and interrogated the survivor at the office of the S.P.Sibsagar. By 16.7.2012, the police had completed their investigation. However upon application by the army, the JCM FT, Sibsagar handed over the investigation to the army.

The army again summoned the complainant on 17.7.2012 to the Joysagar army camp where she was interrogated- the second time- for 4 hours while her mother was interrogated for 2.5 hours. The complainant was detained for 6. 5 hours; there was no medical or psychological counselling of the survivor after her trauma and before the interrogations. Only after the local media and 22 women’s organisations staged protests outside the Joysagar army camp were the complainant and her mother released.

However, the complainant and her daughter- the survivor’s- statements were again taken on 21.7.2012 by the D.C. and Magistrate. On 22.7.2012, the survivor and her mother were interrogated for the third time by the army in a court of enquiry, but the venue was shifted to the Circuit House on account of public outrage. Since 22.7.2012 no further action has been taken by the army or the police, although the accused is in lock-up.

Today, the army has given a press statement claiming that their court of inquiry finished on 23.07.2012 but they are awaiting sanction for prosecution.

Our preliminary concerns on this incident and its aftermath are grave, which details we will release in out fact-finding report. The following are the main points:

1. In the press statement issued by the Army in the Shillong Times on 3.8.2012, it is mentioned that they are waiting for a sanction for prosecution. If the inquiry was finished in a week, why it is taking more than 10 days to get the sanction? The Army should also specify, who they need to take the sanction from so that the complainants are not left in doubt of the procedure ?

2. The survivor and her mother were interrogated by Army thrice- 1st time at SP office on 15th, 2nd time at Joysagar Army Camp for about 6 and half hours, 3rd time at the Circuit house, Sibsagar. Statement of the witness (complainants) are being taken repeatedly subjecting them to harassment and mental stress. Why is this repeated interrogation required and what was the nature of Inquiry?

3. Why is the army repeating the inquiry to delay the process of submitting the chargesheet, when the police has already completed the investigation?

4. On 13th July 1012 why didn’t the army handover the accused to the police? Why did Colonel Chandrashekhar Sharma protect the accused from arrest on 13th July 2012 and why has he chosen to interfere with investigation and ask for trial by court martial in his capacity as commanding officer in such a case ?

5. Why the medical of the accused was not done when he was in Army custody? Why did it take 2 days for the medical to be conducted by the police once he was handed over to their custody ?

6. Why was the police not informed about the patrolling by the Army on 13th July 2012? As per rules the Army needs to be accompanied by the Police during operations.

7. If the particular patrolling is not for anti insurgency operation why is the Army trying to protect the accused under Army Act 1950?

8. The prosecutor of this case is an Army officer, the judges in the court martial are also army officers and there is no transparency in the process of court martial. Given that the accused is an army jawan, it is in violation of the process of natural justice that the army should be its own judge and jury. We would like to know so far how many cases of sexual violence have been inquired and tried by the Army under Court Martial proceedings and for how many cases judgement have been given ordering convictions ?

9. The JCM Ft while conceding to the application of the Army for enquiry through an Army Court of enquiry and trial by court martial has not sought any explanation from the Army, as to how the jawan can be accorded protection when he was not on active service.

Contacts:

1. Dr. Leena Ganesh, Member WSS, Mumbai
2. Ms. Bondita Acharya, WinG-Assam
3. Ms. Nandita Rao, Advocate, Delhi
4. Ms. Kiran Shaheen, Journalist, Delhi
5. Ms. Ranjeeta Sakdopam, HRA, Manipur
6. Ms. Zhevi Swe, HRNL, Nagaland
7. Ms. Mridula Kolita, NMSS, Assam