India: 13-Year-Old Tribal Girl Raped By The Headmaster

Asian Human Rights Commission – Urgent Appeals Programme

Urgent Appeal Case: AHRC-UAC-229-2011

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9 November 2011

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the reliable human rights groups concerning the case of rape, by the headmaster of a tribal school of one of his students, a tribal girl, studying class four. The incident happened at Sunabeda KBK Sevashram School on the night of 15 October 2011. Namita (the name has been changed), the victim girl is from Renga Gram Panchayat of the Similiguda Block in Koraput district. It is reported that though the local police have registered a case, the accused is not yet been arrested, despite the horrific nature of the incident, and that he continuously threatens the victim girl as well as the villagers supporting her, so that they withdraw the complaint. It is also testified that the accused headmaster is a repeat offender, with a past of sexual abuse of children in his custody.

CASE NARRATIVE (based on the testimony from the victim and her parents):

The victim in the case, Namita, is thirteen years old from a tribal community Paroja. Namita is from Renga Gram Panchayat of the Similiguda Block in Koraput district. Namita is a student at the Sevashram School (KBK), Sunabeda, in Koraput district, where the accused, Mr Tarakanta Pani, aged 53, is the headmaster.

On 15 October at night, when Namita returned to school after holidays, the headmaster came to the dormitory she stays and asked her to clean his office room and serve him some water. Namita tried to avoid obliging as it was too late, but the headmaster forced her to come to his office room. When Namita was at the headmaster's room, he closed the door and raped Namita inside the room. Namita resisted but failed to stop the headmaster who was too strong for the feeble girl of 13 years to ward off. After the brutal incident, the headmaster said that, “you tribals, what you can do? I can call the goons and pay them money up to INR 20,000 and can do what I want.” He threatened Namita that should she inform anyone of what had happened to her she would have to face the consequences.

On 17 October, Namita left the school and returned home. When her parents asked her why she came back after just two days at school, she informed her parents that she was not feeling well. After three to four days her parents wanted her to return to school. At that point Namita narrated the incident to her mother. After listing to the incident the parents discussed the matter with some of the villagers and they decided to complain to the District Collector.

On 28 October, the parents went to meet the District Collector, District Welfare Officer (the officer in the district in charge of residential schools for the tribal) and an officer at the Integrated Tribal Development Agency (ITDA). They filed a written complaint to all the officers and further to sub-Collector narrating the incident. The headmaster called Namita’s father who was talking with the officials. The below is a dialogue between them according to Namita’s father.

Namita’s father asked, Why did you do so with my daughter?
Headmaster, It is a small incident, and don’t make it a big fuss.
Father, ”Do you think you can play with all the girls life and escape?
Headmaster (with threatening voice), Why did you go to the DM? You should have come to me.
Father, I want you to be punished.
Headmaster, I can give you some money and we can close the case.
Father, I do not agree to your proposal.

The headmaster threatened Namita’s father over the phone not to pursue the issue any further.

With the support of grass-root human rights organisation, the parents went to Potangi Police Station that has jurisdiction of Renga Gram Panchayat to lodge a complaint. But the police refused to record the complaint and to register a First Information report (FIR) [FIR number 94 of 2011 of Sunabeda Police Station, dated 1 November 2011] upon the incident, though it is mandatory to do so under the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. The police officers instead sent the family to Sunabeda Police Station on 1 November to file a FIR. The Sunebeda police registered a FIR upon the complaint on 1 November. The police did a formal investigation on 2 November. The police brought Namita to the school. The other girls who were present during the day of the incident did not speak anything before the police but did say that the headmaster was a dreaded character, and was a nasty person. Then the police took Namita for a medical examination and later the clothes of the headmaster along with that of Namita were sent to Berhampur for medical examination. The report of the medical examination is awaited.

In the meanwhile, the medical report after examining Namita has confirmed that she was raped. However, till today the headmaster has not been arrested. Making using of his extended liberty, the accused tries his best to suppress the case. It is alleged that he has already bribed some of the government officers in the district and also some local politicians. Now those who have accepted bribes from the headmaster threaten the victim's family along with the headmaster and asking them to "compromise" the case.

Independent investigation undertaken by the human rights defenders reveals a further shocking picture about the headmaster. He has reportedly raped another girl under his custody when he was stationed at Hikimput School in Nadapore Block. The accused is also suspected to be behind several similar incidents where the parents or the victims were threatened to remain silent or have refused to lodge a complaint since they were not sure whether the complaint would lead to any impartial investigation, and for fear of loss of honour of the girls and their families. It is also reported that the headmaster had sexually harassed one girl from Maliput village studying at Hikimput School, and the victim attempted to commit suicide by consuming poison but was saved owing to the intervention of her parents. It is reported that the headmaster gave about INR 20,000 (USD 404) to suppress that incident in October. Since then the victim girl does not go to school any more.

Another girl from the Namita's school (identity not revealed for fear of threats) and a relative of Namita studying/staying in the school hostel in class nine testified that, "the headmaster is very nasty, he always watches when the girls take bath. He wears a short towel and stands when the girls take bath. He has harassed several tribal girls in hostel." … "When the victim's parents approached the police station the teacher warned her not to speak anything against him”. The same girl however remained silent due to fear when the police investigated the incident. Some teachers of the same school are of the opinion that the headmaster is a womanizer.

Understandably, Namita today is scared of attending school and is in such a trauma that she is not able to speak properly and keeps crying. Namita's father is a marginal farmer and holds a Below Poverty Line (BPL) card. He has four children, one son and three daughters. Namita is the eldest.

ADDITIONAL INFORMATION:
This is not an isolated case in Koraput region. Similar incidents were reported a few months back in Nabarangpur district. After that incident, there was a Government Circular that no male teacher will stay at night in residential schools. Despite, the headmaster in this case has been allowed to stay late, which should be investigated. Repeated sexual offenses left not investigated and the suspect being able to muzzle the victims and suppress the case is one important reason why there is an alarming drop out rate of the students in residential schools.

The tribal community in Orissa, like in many other states in India face several adverse circumstances, of which an important one is sexual abuse of their women and children. Corrupt elements in the state administration connive with the criminals involved in these cases and work together to suppress the case by threatening the victims and their families. The police department and often the medical professionals who should help a victim in such times also act prejudicially against the interest of the victims, and their attitude is particularly condemnable when the victim is from a tribal community. Often the offenders, as in this case a sexual predator school headmaster, enjoy a higher status in the caste-rule based society and could easily use their financial as well as social status as opposed to the member of a tribal community to their advantage, and often the authorities oblige. Ill-informed and racially biased prejudices against the tribal community that runs deep in some sections of the 'educated' society also adds to this, where many often take for granted that the tribal cannot be trusted.

On the other hand, a tribal, if she/he dares to complain against someone in authority will soon find her/his name quoted as a Naxalite and named as a anti-state element and accused of false charges. Rampant corruption within the state police and the state police's inefficiency in properly investigating gross atrocities like the rape of innocent Namita, also feeds into nurturing Naxalite ideologies in the region, of which neither the state nor the union government has thus far taken any sensible action. It should not be of anyone's surprise should this case too is investigated in a despicable manner and soon the victim's parents or even the victim is quoted as a Naxalite.

In any case, should the sexual act of the accused in this case with Namita is proved, the fact that there is consent or not is irrelevant since the offence is 'statutory rape'. All that is required to be proved in the case is the sexual act, which need not even have the actual act of penetration, according to the Indian Penal Code, 1860. However, given that the case could take about a decade to be tried reduces the chance for a conviction, and further increases the opportunities for the accused to threaten the victim and her family. The lack of any form of witness protection, coupled with the rampant corruption within the state police looms large as a threat against the victim seeking and attaining justice in the case.

SUGGESTED ACTION:
Please write to the authorities listed below asking for their urgent intervention in this case.

The AHRC is also writing a separate letter to the UN Independent Expert on Minority Issues calling for an intervention in this case.

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SAMPLE LETTER:

Dear __________,

INDIA: The case of rape of a 13-year-old tribal girl by the headmaster of Sevashram Residential School in Koraput district, Orissa must be investigated

Name of victim: Namita (name changed), aged 13 years, living in Majimarua, Renga post, Similiguda Block, Koraput district, Orissa state
Names of alleged perpetrators:
Mr Tarakanta Pani (53 years old), Headmaster, Sevashram School (KBK), Sunabeda, in Koraput district, Orissa; accused in FIR number 94 of 2011 of Sunabeda Police Station, dated 1 November 2011
Date of incident: 15 October 2011
Place of incident: Sevashram School (KBK), Sunabeda, in Koraput district

I am writing to express my deep concern regarding the case of rape of a minor girl reported to me from Koraput district, Orissa.

I am informed that the victim in the case, Namita, is just thirteen-years-old and belongs to the tribal community Paroja. Namita is from Renga Gram Panchayat of the Similiguda Block in Koraput district. Namita is a student at the Sevashram School (KBK), Sunabeda, in Koraput district, where the accused, Mr Tarakanta Pani, aged about 50 years, is the headmaster.

It is reported to me that on 15 October at night, when Namita returned to school after holidays, the headmaster came to the dormitory where Namita stays and asked her to clean his office room and serve him some water. Namita tried to avoid obliging as it was too late, but the teacher forced her to come to his office room. When Namita was at the headmaster's room, he closed the door and raped Namita inside the room. Namita resisted but the teacher was too strong for the feeble girl of 13 years to ward off. After the brutal incident, the teacher threatened Namita that should she inform anyone of what had happened she would have to face the consequences.

On 17 October, Namita left the school and returned home. When her parents asked her why she came back after just two days at school, she informed her parents that she was not feeling well. After three to four days her parents wanted her to return to school. At that point Namita narrated the incident to her mother. After listing to the incident the parents discussed the matter with some of the villagers and they decided to complain to the District Collector.

On 28 October the parents went to Koraput and met the District Collector, District Welfare Officer (the officer in the district in charge of residential schools for the tribal) and an officer at the Integrated Tribal Development Agency (ITDA). They filed a written complaint to all the officers narrating the incident. When the accused came to know about the filing of the complaint, he contacted Namita's father through the school clerk and threatened him not to pursue the issue any further.

With the support of some local people’s organisation, the parents went to Potangi Police Station that has jurisdiction of Renga Gram Panchayat to lodge a complaint. But the police refused to record the complaint and to register a First Information report (FIR) [FIR number 94 of 2011 of Sunabeda Police Station, dated 1 November 2011] upon the incident, though it is mandatory to do so under the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. The officers instead sent the family to Sunabeda Police Station on 1 November. The Sunebeda police registered an FIR upon the complaint in 1 November. The police did a formal investigation on 2 November. The police brought Namita to the school. The other girls who were present during the day of the incident did not speak anything before the police but did say that the headmaster is a dreaded character, and is a nasty person. Then the police took Namita for a medical examination and later the clothes of the headmaster along with that of Namita were sent to Berhampur for medical examination. The report of the medical examination is awaited.

In the meanwhile the medical report after examining Namita has confirmed that she was raped. However, till today the headmaster has not been arrested. Making using of his extended liberty, the accused is trying his best to suppress the case. It is alleged that he has already bribed some of the state government officers in the district and also some local politicians. Now those who have accepted bribes from the suspect is threatening the victim's family along with the suspect and asking them to "compromise" the case.

Independent investigation undertaken by the human rights dependers reveals a further shocking picture about the suspect. He has reportedly raped another girl under his custody when he was stationed at Hikimput School in Nadapore Block. The accused is also suspected to be behind several similar incidents where the parents or the victims were threatened to remain silent or have refused to lodge a complaint since they were not sure whether the complaint would lead to any investigation, and for fear of loss of honour of the girls and their families. It is also reported that the suspect had sexually harassed one girl from Maliput village studying at Hikimput School, and the victim attempted suicide by consuming poison but was saved due to the intervention of her parents. It is reported that the suspect gave about Rs. 20000 to suppress that incident in October. Now that girl is no more going to the school.

According to the version of another girl from the Namita's school (identity not revealed for fear of threats) and a relative of Namita studying/staying in the school hostel in class nine ..."the teacher is very nasty, he always watches when the girls take bath. He wears a short towel and stand when the girls bath. He has harassed several tribal girls in hostel." … "When the victim's parents approached the police station the teacher warned her not to speak anything against him”. The same girl however remained silent due to fear when the police investigated the incident.

Understandably, Namita today is not interested to attend school and she is in such a trauma that she is not able to speak properly and keeps crying.

Namita's father is a marginal farmer and holds a Below Poverty Line (BPL) card. He has four children, one son and three daughters. Namita is the eldest. When the human rights defenders tried to meet the parents they were silent and they did not want to meet anyone. It is believed this is because the teacher as well as some district officers and politicians have already threatened the family. It appears however that the family is understandably frustrated, angry and does not have any help.

I am informed that this is not an isolated case in Koraput region. Similar incidents were reported a few months back in Nabarangpur district. After that incident there was a Government Circular that no male teacher will stay at night in residential schools. But why the accused was at the school on the day of the incident requires to be investigated. Repeated sexual offenses left not investigated and the suspect being able to muzzle the victims and suppress the case is one important reason why there is an alarming drop out rate of the students in residential schools.

I am aware that the tribal community in Orissa, like in many other states in India face several adverse circumstances, of which an important one is sexual abuse of their women and children. Corrupt elements in the state administration connive with the criminals involved in these cases and work together to suppress the case by threatening the victims and their families. The police department and often the medical professionals who should help a victim in such times also act prejudicially against the interest of the victims, and their attitude is particularly condemnable when the victim is from a tribal community. Often the offenders, as in this case a sexual predator school headmaster, enjoy a higher status in the caste-rule based society and could easily use their financial as well as social status as opposed to the member of a tribal community to their advantage, and often the authorities oblige. Ill-informed and racially biased prejudices against the tribal community that runs deep in some sections of the 'educated' society also adds to this, where many often take for granted that the tribal cannot be trusted.

On the other hand, a tribal, if she/he dares to complain against someone in authority will soon find her/his name quoted as a Naxalite and named as a anti-state element and accused of false charges. Rampant corruption within the state police and the state police's inefficiency in properly investigating gross atrocities like the rape of innocent Namita, also feeds into nurturing Naxalite ideologies in the region, of which neither the state nor the union government has thus far taken any sensible action. It should not be of anyone's surprise should this case too is investigated in a despicable manner and soon the victim's parents or even the victim is quoted as a Naxalite.

I am informed that in any case, should the sexual act of the accused in this case with Namita is proved, the fact that there is consent or not is irrelevant since the offence is 'statutory rape'. All that is required to be proved in the case is the sexual act, which need not even have the actual act of penetration, according to the Indian Penal Code, 1860. However, given that the case could take about a decade to be tried reduces the chance for a conviction, and further increases the opportunities for the accused to threaten the victim and her family. The lack of any form of witness protection, coupled with the rampant corruption within the state police looms large as a threat against the victim seeking and attaining justice in the case.

I, therefore, urge you to do:

1. That the accused in the case, Mr Tarakanta Pani, Headmaster, Sevashram School (KBK), Sunabeda, in Koraput district, Orissa; accused in FIR number 94 of 2011 of Sunabeda Police Station, dated 1 November 2011 is immediately arrested and questioned;
2. That the accused immediately be suspended from service;
3. That the police also question the accused as to who all has he paid bribes to threaten the victim;
4. That should the accuse reveal any names, the persons be questioned and if the questioning reveals that the accused has in fact paid bribes to these persons, they be charge sheeted for interfering with the course of justice and threatening of witnesses;
5. That the victim in the case and her parents provided immediate medical and psychological counselling in consultation with a reputed human rights groups operating in Koraput;
6. That the victim as well as the witnesses in the case provided protection and their statements immediately recorded by a lady judicial magistrate;
7. That the investigation of the case led by a police officer, not below the rank of a Deputy Superintendent of Police, as required in the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989; preferably by a lady police officer;
8. That the police also investigate other allegations of rape and sexual harassment committed by the accused in this case;
9. That the state government undertakes a separate investigation as to why male teachers are present at night a residential schools where tribal girls stay;
10. That the investigating officer informs the progress of investigation to the Chair Person of the National Commission for Protection of Child Rights;

Yours sincerely,

1. Mr. Naveen Patnaik
Chief Minister, Government of Orissa
Naveen Nivas, Aerodrome Road
P.O.Bhubaneswar
751001 Orissa
INDIA
E-mail: cmo@ori.nic.in

2. Mr. Anup Kumar Patnaik, (IPS)
Director-cum-DG & IG of Police
Government of Orissa
State Vigilance
Orissa
INDIA
Fax: +91 671 2306 140 / 674 2393 754
E-Mail: dirvig@ori.nic.in

3. Mr Santosh Sarangi, (IAS)
Commissioner-cum-Secretary
ST & SC Development, Minorities Backward Classes Welfare Department
Government of Orissa
Bhubaneswar, Orissa
INDIA
Fax: +91 674 2396806
E-mail: sarangi.santosh@gmail.com

4. Mr V. Kishore Chandra Deo
Cabinet Minister, Government of India
Ministry of Tribal affairs
64, Lodhi Estate,
New Delhi - 110 003
INDIA
Fax: +91 11 2335 6318
Email: vk.deo@sansad.nic.in

5. Mr Arvind Kumar Chugh
Secretary, Government of India
Ministry of Tribal affairs
Shastri Bhawan, Dr. Rajendra Prasad Road
New Delhi- 110001
INDIA
Fax: +91 11 2307 3160

6. Dr. Rameshwar Oraon
Chairperson
National Commission for Scheduled Tribes
6th Floor, 'B' Wing, Room No. 601,
Loknayak Bhawan, Khan Market,
New Delhi-110003
INDIA
Fax: +91 11 2462 4628
E-mail: chairperson@ncst.nic.in

7. Prof. Shantha Sinha
Chairperson
National Commission for Protection of Child Rights
Government of India
5th Floor, Chanderlok Building, 36, Janpath
New Delhi - 110 001
INDIA
Fax: +91 11 23731584
Email: shantha.sinha@nic.in

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

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