India: Dowry Death Attempted Cover Up By Local Police

Asian Human Rights Commission – Urgent Appeals Programme

Urgent Appeal Case: AHRC-UAC-077-2011

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15 May 2012
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India: Dowry Death Attempted To Be Covered Up By Local Police And The Child Of The Victim At Risk

ISSUES: Dowry; violence against woman; corruption; impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM, concerning the case of murder of a woman allegedly by her in laws. It is reported that the victim in the case, Ms. Sushmita Singh, was reported dead on 5 May 2012. The background circumstances strongly suggest that Sushmita's death is in fact murder and that the police are trying to cover it up as suicide. MASUM has documented the case and at the moment the victim's family is under protection from MASUM.

CASE NARRATIVE:

The victim in the case, Ms. Sushmita Singh, daughter of Mr. Ashok Kumar Singh married Mr. Santosh Kumar Singh, son of Mr. Shaturghna Singh on 12 December 2009. The marriage was solemnised at the AMC Community Hall, near Shiv Mandir, Danapur Cantonment, Patna in Bihar state. Sushmita and her family are from West Bengal.

It is reported that Sushmita received Rupees 200,000 and 180 grams of gold ornaments at the time of her marriage from her family. The money was deposited in bank account numbered 10331853878 at the State Bank of India, Danapur Branch on 24 July 2009. It is alleged that the money and ornaments were gifted as demanded by Santosh's family. Sushmita's family further alleges that Santosh's family also demanded household articles to be gifted to the couple at the time of marriage, which was also complied. The family alleges that it was one Mr. B. N. Singh, who is a police officer living in a place is named Ara in Bihar and the brother-in-law of Santosh who demanded the money and gifts from Sushmita's family.

It is alleged that soon after the marriage, the relationship between Sushmita and her husband became strained. Sushmita's family accuses her in laws of having physically assaulted and mentally tortured Sushmita on several occasions after the marriage. At one instance Sushmita's parents came to know that she was sent to Ara to stay at B. N. Singh's place within a week after the marriage and was not allowed to communicate the matter to her parents. When Sushmita's parents came to know about this they went to Ara and brought Sushmita back to Danapur on 24 January 2010. Sushmita continued living with her parents for the next seven months during which Santosh used to visit her. After seven months, Santosh convinced Sushmita to return to him and Sushmita returned to Konnagar to live with her husband where once again her husband and in laws started physically and mentally torturing her.

In the meanwhile Sushmita became pregnant. Coming to know about this her family visited Sushmita at Konnagar. There they found Sushmita in an appalling state of health. The family convinced Santosh to sent Sushmita with them back to Danapur, that Sushmita could live with her parents and siblings, at least till she delivered her baby. Once home Sushmita informed her parents that Santosh had made Sushmita undergo a pre-natal diagnostic examination in which it was identified that Sushmita was carrying twins and that both were girls. The Pre-Natal Diagnostic Techniques Act, 1994, prohibits such sex determination examination. However the law is easily and commonly negated by examination centers and by the doctors.

Sushmita also informed her parents that when her husband and in laws came to know that she is carrying two girls, they started assaulting her, which Sushmita alleges is to somehow facilitate a miscarriage.

Sushmita however delivered her two babies at the Kurji Hospital, Patna on 28 June 2011. Unfortunately one baby died soon after delivery. On 7 November, Sushmita once again returned with her husband to his house, this time with her baby. However once back at her husband's place, her in laws once again subjected Sushmita to physical cruelty. During this time Santosh started demanding money as additional dowry from Sushmita's parents. In July 2012 Santosh demanded Rupees 200,000 from Sushmita's parents. Sushmita's parents however could not pay such amount but did pay Rupees 20,000 to Santosh, through one of his friend's bank account.

On 5 May 2012, Sushmita called her parents using her mobile telephone and informed that her baby daughter was seriously ill and that neither Santosh nor his family were willing to take the baby to a hospital or to a doctor. As the conversation was underway, Sushmita's parents heard Santosh shouting at Sushmita why she was communicating with her parents and that she would be murdered should she continued contacting her family. The call ended abruptly.

On the same day at about 11.30 at night Sushmita's sister Ms. Priya Singh received a call from the police informing Priya that the person on telephone is a police officer from Uttarpara Police Station and that her sister Sushmita had died out of poisoning. Hearing the news, the family rushed to Konnagar immediately. They reached Konnagar on the next day morning.

At Konnagar the family went to Uttarpara Police Station. At the police station the police informed the family that Sushmita's body is kept at Walsh Hospital, Sirirampur. At the hospital, the family found that the Sushmita's body was lying on the floor in the courtyard of the mortuary. The body was naked, but for a sheet covering her private parts. The mortuary assistant demanded the family to pay him a bribe of Rupees 2,600 to keep the body covered with ice blocks so that it would not decompose. The family noticed that there were injuries on Sushmita's earlobes and face. Santosh's family was not found anywhere near the place.

From the police station, Sushmita's family once again went to Uttarpara Police Station. There, they found Santosh having a discussion with the police officer. The police officer, is Mr. Shaw, identified as the Assistant Sub Inspector of Uttarpara Police Station. The officers suggested the family to lodge a complaint about the incident in Bihar state, instead of Uttarpara police station, which is West Bengal state. At this, Santosh offered the police officer that he could pay bribes to the officer to settle the matter with his in laws.

On 7 May, Sushmita's father made a written complaint in Hindi to the police at Uttarpara Police Station. The police refused to accept the complaint. Police officer Mr. Shaw and some his colleagues said that unless the family make a written complaint in English, they would let Santosh go. At this the officers dictated the complaint in English to Sushmita's father, which he wrote down. The officers then asked Sushmita's father to return on 8 May to obtain the copy of the First Information Report, which the officers assured that they would prepare based on the complaint.

Later the family came to know that the Uttarpara police have registered a case, numbered 152/12 dated 7 May 2012, registered under Sections 498 A and 304 B of the India Penal Code, 1860 against (i) Santosh, (ii) Ms. Lilawati Devi (mother-in-law), (iii) Pappia Singh (sister-in-law) and (iv) Mr. Seemanta Ram, the husband of iii above. However, the names of (iii) and (iv) are recorded wrong in the FIR, though their mobile telephone numbers are mentioned in the FIR.

On 7 May at about 11 am Executive Magistrate, Mr. Sujoy Kumar Sikdar made an inquest over the body. The officer however kept a considerable distance from the body and was not in a position to note down clearly the injuries on the body. Dr. DP Ghosh performed the post mortem examination and body was handed over to the family on the same day.

In the meanwhile Sushmita's daughter was admitted at the Seva Sadan at Rishra, Hooghly on 6 May. At the centre, the baby was treated though her physical condition was not stable. Sushmita's family alleges that on 8 May when they were busy with Sushmita's case, the mother-in-law and one of the accused in the case, Ms. Lilawati Devi visited Seva Sadan, and got the baby discharged after executing a personal bond. Sushmita's family is concerned about the baby's safety at the hands of the family who is being investigated for Sushmita's murder.

MASUM's own enquiry reveals that Santosh had first brought Sushmita to Uttarpara General Hospital where the doctors expressed their inability to treat Sushmita. Then Santosh took Sushmita to Arogya Niketan, a nursing home situated at Uttarpara at about 8.42 pm on 5 May. The hospital records mention that Santosh brought Sushmita to the hospital and that he had informed the doctor who attended Sushmita that she had consumed rat poison. Sushmita died at 10 pm at the nursing home on the same day.

The hospital records also mentions that Sushmita was admitted as Dr. Kaushik Bhowmik's patient. But Dr. Bhowmik did not examine her since at the time he was out of station. Dr. Shomojit Saha had attended Sushmita. He informed MASUM that when he examined Sushmita, he had noticed that her pulse rate was above 100 and that her blood pressure was abnormal. It is also revealed that the neighbors staying close to Sushmaita's husband's house had rescued Sushmita on more than one occasion when they found Sushmita being assaulted by her husband.

ADDITIONAL INFORMATION:

Demanding and paying of dowry is prohibited in India under the Dowry Prohibition Act, 1961. It took more than two decades however to bring in corresponding amendment in the Indian Penal Code, (Section 498 A incorporated by an amending act of 1983) to ensure that those hurting women demanding dowry could be punished. Despite these legislations dowry death and physical and mental abuse of women by their in laws on demands of dowry is very common in India. It is such common that there are unconfirmed reports that allege that every four hours a person die in India due to physical injuries related to demand and payment of dowry.

In a similar vein, the Pre-Natal Diagnostic Techniques Act, 1994, prohibits determining the gender of a baby in its mother's womb. However, doctors and private clinics undertake such diagnostic works with the cover of impunity since often they could bribe investigating agencies. Even though there have been several cases registered where medical practitioners have been charged for the crime, no disciplinary action has been taken against a single doctor so far by the Indian Medical Council, which is the statutory body mandated to ensure professional discipline of medical doctors.

Both incidents of the violation of the law, that results in cases of deaths of innocent women is due to the complete failure of the criminal justice system of India. The only means with which such violations could be prevented is by ensuring independent investigation in the case. At the moment the victim family is protected by MASUM since they fear that the safety of their daughter's baby as well as them are at risk at the hands of the suspects.

SUGGESTED ACTION:
Please write to the authorities mentioned below demanding an investigation into this case. The victim and his family must be provided with immediate protection.

The AHRC is also writing a separate letter to the UN Special Rapporteur on Special Rapporteur on violence against women, including its causes and consequences calling for further intervention in this case.

To support this appeal, please click here: Send an Appeal Letter

SAMPLE LETTER:

Dear __________,

INDIA: Kindly investigate the case of dowry death of Ms. Sushmita Singh and take immediate actions to save her baby

Name of victim:
Ms. Sushmita Singh (deceased), aged about 23 years, wife of Mr. Santosh Kumar Singh, resided at 147 GT Road, Konnagar Post, Uttarpara Police Station, Hooghly, and West Bengal
Names of alleged perpetrators:
1. Mr. Santosh Kumar Singh, son of Mr. Shaturghan Singh, Nawda Ben village, Udwant Nagar Police Station, Ara district, Bihar state
2. Ms. Lilawati Devi wife of Mr. Shaturghan Singh, all residents of 147 GT Road, Konnagar, Uttarpara Police Station, Hooghly district, West Bengal state
3. Ms. Pappi Singh wife of Mr. Seemant Bag
4. Mr. Seemant Bag, residing near 147 GT Road, Konnagar, Uttarpara Police Station, Hooghly district, West Bengal state
Date of incident: 5 May 2012
Place of incident: Within the jurisdiction of Udwant Nagar Police Station, Ara district, Bihar state

I am writing to express concern regarding an alleged case of murder of a woman by her husband and in-laws. It is alleged that urgent intervention is required to save the life of a baby, who is less than a year, who is at the moment in the custody of the mother-in-law of the deceased, who is one of the accused in the crime.

The victim in the case, Ms. Sushmita Singh, daughter of Mr. Ashok Kumar Singh married Mr. Santosh Kumar Singh, son of Mr. Shaturghna Singh on 12 December 2009. The marriage was solemnised at the AMC Community Hall, near Shiv Mandir, Danapur Cantonment, Patna in Bihar state. Sushmita and her family are from West Bengal.

It is reported that Sushmita received Rupees 200,000 and 180 grams of gold ornaments at the time of her marriage from her family. The money was deposited in bank account numbered 10331853878 at the State Bank of India, Danapur Branch on 24 July 2009. It is alleged that the money and ornaments were gifted as demanded by Santosh's family. Sushmita's family further alleges that Santosh's family also demanded household articles to be gifted to the couple at the time of marriage, which was also complied. The family alleges that it was one Mr. B. N. Singh, who is a police officer living in a place named Ara in Bihar and the brother-in-law of Santosh who demanded the money and gifts from Sushmita's family.

It is alleged that soon after the marriage, the relationship between Sushmita and her husband became strained. Sushmita's family accuses her in laws of having physically assaulted and mentally tortured Sushmita on several occasions after the marriage. At one instance Sushmita's parents came to know that she was sent to Ara to stay at B. N. Singh's place within a week after the marriage and was not allowed to communicate the matter to her parents. When Sushmita's parents came to know about this they went to Ara and brought Sushmita back to Danapur on 24 January 2010. Sushmita continued living with her parents for the next seven months during which Santosh used to visit her. After seven months, Santosh convinced Sushmita to return to him and Sushmita returned to Konnagar to live with her husband where once again her husband and in laws started physically and mentally torturing her.

In the meanwhile Sushmita became pregnant. Coming to know about this her family visited Sushmita at Konnagar. There they found Sushmita in an appalling state of health. The family convinced Santosh to sent Sushmita with them back to Danapur, that Sushmita could live with her parents and siblings, at least till she delivered her baby. Once home Sushmita informed her parents that Santosh had made Sushmita undergo a pre-natal diagnostic examination in which it was identified that Sushmita was carrying twins and that both were girls. The Pre-Natal Diagnostic Techniques Act, 1994, prohibits such sex determination examination. However the law is easily and commonly negated by examination centers and by the doctors.

Sushmita also informed her parents that when her husband and in laws came to know that she is carrying two girls, they started assaulting her, which Sushmita alleges is to somehow facilitate a miscarriage.

Sushmita however delivered her two babies at the Kurji Hospital, Patna on 28 June 2011. Unfortunately one baby died soon after delivery. On 7 November, Sushmita once again returned with her husband to his house, this time with her baby. However once back at her husband's place, her in laws once again subjected Sushmita to physical cruelty. During this time Santosh started demanding money as additional dowry from Sushmita's parents. In July 2012 Santosh demanded Rupees 200,000 from Sushmita's parents. Sushmita's parents however could not pay such amount but did pay Rupees 20,000 to Santosh, through one of his friend's bank account.

On 5 May 2012, Sushmita called her parents using her mobile telephone and informed that her baby daughter was seriously ill and that neither Santosh nor his family were willing to take the baby to a hospital or to a doctor. As the conversation was underway, Sushmita's parents heard Santosh shouting at Sushmita why she was communicating with her parents and that she would be murdered should she continued contacting her family. The call ended abruptly.

On the same day at about 11.30 at night Sushmita's sister Ms. Priya Singh received a call from the police informing Priya that the person on telephone is a police officer from Uttarpara Police Station and that her sister Sushmita had died out of poisoning. Hearing the news, the family rushed to Konnagar immediately. They reached Konnagar on the next day morning.

At Konnagar the family went to Uttarpara Police Station. At the police station the police informed the family that Sushmita's body is kept at Walsh Hospital, Sirirampur. At the hospital, the family found that the Sushmita's body was lying on the floor in the courtyard of the mortuary. The body was naked, but for a sheet covering her private parts. The mortuary assistant demanded the family to pay him a bribe of Rupees 2,600 to keep the body covered with ice blocks so that it would not decompose. The family noticed that there were injuries on Sushmita's earlobes and face. Santosh's family was not found anywhere near the place.

From the police station, Sushmita's family once again went to Uttarpara Police Station. There, they found Santosh having a discussion with the police officer. The police officer, is Mr. Shaw, identified as the Assistant Sub Inspector of Uttarpara Police Station. The officers suggested the family to lodge a complaint about the incident in Bihar state, instead of Uttarpara police station, which is West Bengal state. At this, Santosh offered the police officer that he could pay bribes to the officer to settle the matter with his in laws.

On 7 May, Sushmita's father made a written complaint in Hindi to the police at Uttarpara Police Station. The police refused to accept the complaint. Police officer Mr. Shaw and some his colleagues said that unless the family make a written complaint in English, they would let Santosh go. At this the officers dictated the complaint in English to Sushmita's father, which he wrote down. The officers then asked Sushmita's father to return on 8 May to obtain the copy of the First Information Report, which the officers assured that they would prepare based on the complaint.

Later the family came to know that the Uttarpara police have registered a case, numbered 152/12 dated 7 May 2012, registered under Sections 498 A and 304 B of the India Penal Code, 1860 against (i) Santosh, (ii) Ms. Lilawati Devi (mother-in-law), (iii) Pappia Singh (sister-in-law) and (iv) Mr. Seemanta Ram, the husband of iii above. However, the names of (iii) and (iv) are recorded wrong in the FIR, though their mobile telephone numbers are mentioned in the FIR.

On 7 May at about 11 am Executive Magistrate, Mr. Sujoy Kumar Sikdar made an inquest over the body. The officer however kept a considerable distance from the body and was not in a position to note down clearly the injuries on the body. Dr. DP Ghosh performed the post mortem examination and body was handed over to the family on the same day.

In the meanwhile Sushmita's daughter was admitted at the Seva Sadan at Rishra, Hooghly on 6 May. At the centre, the baby was treated though her physical condition was not stable. Sushmita's family alleges that on 8 May when they were busy with Sushmita's case, the mother-in-law and one of the accused in the case, Ms. Lilawati Devi visited Seva Sadan, and got the baby discharged after executing a personal bond. Sushmita's family is concerned about the baby's safety at the hands of the family who is being investigated for Sushmita's murder.

MASUM's own enquiry reveals that Santosh had first brought Sushmita to Uttarpara General Hospital where the doctors expressed their inability to treat Sushmita. Then Santosh took Sushmita to Arogya Niketan, a nursing home situated at Uttarpara at about 8.42 pm on 5 May. The hospital records mention that Santosh brought Sushmita to the hospital and that he had informed the doctor who attended Sushmita that she had consumed rat poison. Sushmita died at 10 pm at the nursing home on the same day.

The hospital records also mentions that Sushmita was admitted as Dr. Kaushik Bhowmik's patient. But Dr. Bhowmik did not examine her since at the time he was out of station. Dr. Shomojit Saha had attended Sushmita. He informed MASUM that when he examined Sushmita, he had noticed that her pulse rate was above 100 and that her blood pressure was abnormal. It is also revealed that the neighbors staying close to Sushmaita's husband's house had rescued Sushmita on more than one occasion when they found Sushmita being assaulted by her husband.

Demanding and paying of dowry is prohibited in India under the Dowry Prohibition Act, 1961. It took more than two decades however to bring in corresponding amendment in the Indian Penal Code, (Section 498 A incorporated by an amending act of 1983) to ensure that those hurting women demanding dowry could be punished. Despite these legislations dowry death and physical and mental abuse of women by their in laws on demands of dowry is very common in India. It is such common that there are unconfirmed reports that allege that every four hours a person die in India due to physical injuries related to demand and payment of dowry.

In a similar vein, the Pre-Natal Diagnostic Techniques Act, 1994, prohibits determining the gender of a baby in its mother's womb. However, doctors and private clinics undertake such diagnostic works with the cover of impunity since often they could bribe investigating agencies. Even though there have been several cases registered where medical practitioners have been charged for the crime, no disciplinary action has been taken against a single doctor so far by the Indian Medical Council, which is the statutory body mandated to ensure professional discipline of medical doctors.

Both incidents of the violation of the law, that results in cases of deaths of innocent women is due to the complete failure of the criminal justice system of India. The only means with which such violations could be prevented is by ensuring independent investigation in the case. At the moment the victim family is protected by MASUM since they fear that the safety of their daughter's baby as well as them are at risk at the hands of the suspects.

I therefore request you to:

1. That the baby at present in the custody of accused number (ii) of Uttarpara Police Station, crime number 152/12 dated 7 May 2012 is immediately handed over to the baby's maternal parents;
2. An independent agency undertakes the investigation of the case, wherein all the witnesses are examined in the presence of a judicial officer;
3. The autopsy report pertaining to the case be immediately handed over to the deceased's family;

Yours sincerely,

----------------
PLEASE SEND YOUR LETTERS TO:

1. Director General & Inspector General of Police
Government of West Bengal
Writers Buildings, Kolkata-1
West Bengal
INDIA
Fax: +91 33 2214 4498 / 2214 5486
Email: dgp_westbengal@gmail.com

2. Chief Secretary
Government of West Bengal
Writers' Building, Kolkata, West Bengal
INDIA
Fax: + 91 33 22144328
Email: chiefsec@wb.gov.in

3. Additional Chief Secretary (Home)
Government of West Bengal
Writers' Building, Kolkata, West Bengal
INDIA
Email: sechome@wb.gov.in

4. Ms. Mamata Banerjee
Chief Minister
Government of West Bengal
Writers' Building, Kolkata, West Bengal
INDIA
Fax: + 91 33 22144328
Email: cm_wb@nic.in

5. Mr. Nitish Kumar
Chief Minister and Home Minister
Government of Bihar
Chief Minister's Secretariat
Patna, Bihar state
INDIA
Email: cmbihar-bih@nic.in

Thank you

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

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