Country : Bangladesh
Name of the victim :
Ms.Sumitra Dutta
Type
of Violation : Right
to liberty and security, right to personal integrity
Investigation
conducted by : Adv. Shahanur Islam,
Executive Director, BIHR, Rabindra Prasad Gupto, GHRD and Ashoke Banarjee of
HRCBM
Date of investigation : 6-9 June, 2010
IDENTITY OF THE VICTIM:
Name :
Ms.Sumitra Rani Dutta
Age at time of event : 14 Years 2 Month 15 Days
Under 18 : YES
Citizenship :
Bangladeshi
Religion : Hindu
Home
address : Vill:
Fulkocha, U.P. –Bagbati, P.S. and District- Serajgonj, Bangladesh
DATE AND PLACE OF THE
INCIDENT:
Date :
16th March 2010 at 7.00
a .m.
Location : Mango Skaure (
western side of Bejgati More Dhanirdah)
of village Fulkocha in Bagbati Union Parishad, under police station and
district of Sirajgonj[4]
; Chhongachha Bazar under police station and district of Sirajgonj[5].
ALLEGED PERPETRATORS:
1) Sohag Rana Bhadhon (24) son of Abdur Razzak of
village Satikabari, P.S. and District-Serajgonj
CASE SUMMERY :
Ms. Sumitra Rani Dutta (14), a student of Class IX was abducted by her
boy friend Sohag Rana Badhon on 16th of March 2010 around at 7.00 am
while she was waiting at Chhongachhi Bazar under police station and
district of Sirajgonj. Then the victim was convert as Islam and got
marriage with the perpetrator.
The father of the victim came to know about the abduction of his daughter
while he called her daughter mole phone and lodged FIR at Serajgonj police
station for recovery of the girl and for punishment of the culprits responsible
for the kidnapping under national law. Some local people including teachers and
students organized a human chain and demonstrated in front of the office of the
Deputy Commissioner (DC) demanding recovery of the victim as well as bring the
culprits before the book on March 30, 2010. Later the victim was recover as
well as the perpetrator Sohag Rana Badhon was arrested on 2 April 2010.
LEGAL STATUS:
Sree Nanda Dutta (40) father of the victim girl
lodged FIR at Serajgonj Police station against the alleged perpetrators on 18th
March 2010 under section 7/30 of Women and Children Repression Ordinance, 2000 ( Amendment
2003) (Being Serajgonj P.S. case No. 23 dated 18.03.10). The police recorded
the case and he recovered victim on April 2, 2010 and send to the General
hospital, Siraj gong on April 3 for medical Examination. But the Residential Medical Officer of
Sirajgonj general Hospital refused to conduct examination due to refusal of
given consent by the victim. Then the police produce the victim before the
Senior judical magistrate Court, Sirajgonj.
The court took the statement of the victim under section 22 of the
Prevention of Women and Children Repression Act and issued an order to send the
victim in safe custody April 3, 2010.
On May 13, 2010 the father of the victim file a miss case before the
Tribunal of Prevention of Women and Children Repression, Siraj gonj applying to
give the victim under custody of her father. But the learned tribunal issued an
order to put the victim in safe custody refusing the application of the
victim’s father on May 17, 2010.
ACTION:
Bangladesh Institute of Human Rights with the help of GHRD investigated
the matter from 06th June to 8th June 2010. BIHR team
visited the spot, talked with parents of the victim, neighbor of the victim,
Investigation officer of the case, Officer in Charge of Serajgonj Sadar Police
Station, visited the office of Superintendent of Police, Jailor, Sirajgonj
district jail, Senior judicial magistrate, Sirajgonj. BIHR also talked with the
Additional District Magistrate (ADM) Sirajgon to send the victim safe custody
and the victim was sent to the Women, Children and Youth Safe Custody, Rajshahi
on 9th June, 2010.
BIHR FINDINGS:
- The
perpetrator abducted the child girl in the name of so called love affairs(
victim is minor, she is child according to her birth certificate).
- Inspire of
filing case by the victim’s father regarding to abduction of her child,
the police authority made negligence to rescue the victim as well as
arrest the perpetrators.
- Though the
police administration rescued the victim as well as arrested the perpetrators
due to continuous demonstration done by the local people, journalists and
human rights activists, the police authority made negligence to do the
medical examination of the victim.
- The
authorities forced the victim to live with female prisoners at the local
jail, in the name of ‘safe custody’ immediately after her rescued.
- The parents
of accused and local influential persons are trying threaten and coerce
the victims family into withdrawing the case
- The police
are not providing adequate protection and support for the victim’s family.
- The
Investigation Officer tried to prove the victim as adult by mentioning the
age of the victim sixteen years instead of fourteen years without
considering the birth certificate and school certificate of the victim
when she was forwarded to Residential Medical Officer (RMO) of Sirajgonj
General Hospital for Medical Examination to make influence the RMO.
- The
Investigation Officer sent the victim to medical examination without
properly informing to the legal guardian of the victim.
- The
Investigation Officer tried to prove the victim as Islam in religious
using name of the victim as Sumitra @ Mosammed Suma instead of Ms Sumitra
Rani Dutta with out proper evidence during forwarding letter to RMO.
- The
Investigation Officer is going to submit charge sheet against Sohag Rana
Badhon only under section 7 of Women and Children Repression Act, 2000 (Amendment 2003) instead of
including section 9(1) ( rape) of the same act.
- The Residential medical officer (RMO),
Sirajgonj did not take proper initiative to do medical examination. Rather
he sent back the victim without completion the examination showing excuse
refusal of the consent by the victim without considering the age of the
victim.
- The police
are not taking proper initiatives to prepare and submit the Charge Sheet
the accused.
- The victim
was not provided proper psychological treatment as well as counselling
during the time of keeping in local jail in the name of saafe custody.
- Though the
jail code is not applicable for the victim, who are living in safe
custody, the Deputy Commissioner as well as the District Magistrate of
Sirajgonj did not give the permission to fact finding team of BIHR to meet
with the victim at jail showing excuse that there is no rule in Jail Code
regarding to give permission.
- The
residential medical officer (RMO) of Sirajgonj registered the victim name
as Mrs. Suma instead of Sumitra Rani Dutta while she was appeared for
medical examination.
Thank You
Adv. Shahanur Islam Saikot
LL.B (Hon’s); LL.M( law & Justice)
JusticeMakers Fellow 10, Switzerland
Secretary General/Executive Director
Bangladesh Institute of Human Rights (BIHR)
Cell: +88 017 20308080,
[1] no medical examined document but main accused
confessed that as they got marriage, they make physical relation
[2] no written document but according to statement given
by the victim before the court and statement of main accused to FF team the
victim convert as Islam
[3] no written
document but according to statement given by the victim before the court and
statement of main accused to FF team the victim got marriage with the accused
[5] According to Statement given by the victim before the Senior Judicial Magistrate Court
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