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annual report print final.qxd - Asian Centre for Human Rights

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INDIA HUMAN RIGHTS REPORT 2005 West Bengal<br />

held the victim’s husband and children<br />

hostage at the time of rape was not<br />

arrested, as according to Superintendent of<br />

Railway Police of Sealdah station,<br />

Nabarun Bhattacharya, “there are no<br />

specific complaints against any<br />

accomplice.” 28<br />

On the night of 9 September 2004, a<br />

25-year-old housewife (name withheld)<br />

was allegedly raped by constable Saumitra<br />

Chowdhury in Harwah Police Station<br />

barracks at Basirhat in North 24-Parganas.<br />

The victim was picked up by the accused<br />

in a mobile police jeep when she was<br />

returning home along with others around<br />

midnight after attending a quwwali<br />

programme. The medical <strong>report</strong> confirmed<br />

the rape of the 25-year-old housewife. 29<br />

Following protest and widespread<br />

agitation, the accused police constable was<br />

suspended and arrested. 30<br />

Police also refused to cooperate with<br />

women victims of violence. In December<br />

2003, a widow from Bosepara village in<br />

Khandaghosh, about 140 km from<br />

Kolkata, filed a rape case against Dhiraj<br />

Das, a health inspector at the<br />

Khandaghosh Block Health <strong>Centre</strong>, with<br />

the Burdwan Police Station but the police<br />

officials allegedly refused to register her<br />

case. The victim then approached the<br />

Chief Judicial Magistrate’s court in<br />

January 2004, and a case was registered at<br />

the Burdwan police station only after an<br />

order from the court. 31<br />

On 25 January 2004, a 22-year-old<br />

pregnant woman Lakshmi Sahani was<br />

allegedly assaulted by two men but the<br />

police at the New Jalpaiguri Police Station<br />

refused to lodge her complaint apparently<br />

because the alleged assailants Narayan<br />

Adhikari and Gopal Adhikari were close to<br />

a local influential leader of the <strong>Centre</strong> of<br />

Indian Trade Unions (CITU), the labour<br />

arm of the CPM. She was allegedly kicked<br />

repeatedly on her lower abdomen near the<br />

New Jalpaiguri station <strong>for</strong> supporting her<br />

father when he protested against a hole<br />

being dug on the ground dangerously close<br />

to an electric pole. On 27 March 2004, the<br />

State <strong>Human</strong> <strong>Rights</strong> Commission sought a<br />

detailed <strong>report</strong> from the Jalpaiguri<br />

Superintendent of Police on the case in<br />

response to a complaint from the victim. 32<br />

On 19 August 2004, two State Armed<br />

Police constables, Bimal Halder and Samir<br />

Saha were arrested on the charge of<br />

harassing and trying to molest two women<br />

in front of the United Bank of India’s Hill<br />

Cart Road branch around 11.30 pm on 18<br />

August 2004. 33<br />

III. <strong>Rights</strong> of the Child: Corporal<br />

Punishment<br />

On 6 February 2004, Calcutta High<br />

Court banned the practice of caning or<br />

beating students in schools in the state.<br />

Acting on a PIL, a division Bench<br />

<strong>report</strong>edly directed the Director of School<br />

Education to issue a circular to all state<br />

schools prohibiting caning. The court<br />

held that while canning, which could lead<br />

to death, was still prevalent in the state, it<br />

is contrary to the Universal Declaration<br />

of <strong>Human</strong> <strong>Rights</strong> and in an age of<br />

scientific teaching, caning or beating<br />

265

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