Letter to the Indian Prime Minister regarding the case of Ms. Dutta

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Dear Prime
Minister,

 

We are
contacting you to express our grave concerns regarding the case of Ms. Sampa
Dutta, who has reportedly been subjected to police harassment and intimidation
after registering a criminal complaint against a police officer from Entally
Police Station in Kolkata, West Bengal.

 

In her
complaint (Case No. 31/2009, 21 January 2009), Ms. Dutta alleges that she was
sexually abused by the police officer, Mr. Dharanidhar Pati, in front of her
young daughter while traveling on a minibus on 21 January 2009. Several months
later, an unidentified man reportedly visited her home and warned her, once
again in the presence of her daughter, that she would face “dire consequences”
unless she withdrew her allegations. She filed a complaint about this incident
of intimidation on 3 June 2009 at Phoolbagan Police Station (Case No.
2220/2009), but to date the authorities appear to have taken no action on the
matter.

 

Further, Ms.
Dutta states that she has been served by the police on several occasions with
notices to appear at Entally Police Station, in violation of Section 160 of
India’s Criminal Procedure Code of India (which states that “no male under the
age of fifteen years or woman shall be required to attend at any place other
than the place in which such male person or woman resides in respect to a
police inquiry”).

 

We are deeply
concerned that instead of conscientiously dealing with Ms. Dutta’s complaint
against Mr. Pati as they are required to do, the police appear to be focusing
their attention on intimidating Ms. Dutta and pressuring her to retract her
allegations. We therefore respectfully urge you to:

 

1) Take
immediate action to protect the physical and psychological integrity of Ms.
Sampa Dutta and her daughter;

 

2) Ensure that
a prompt, effective, thorough, independent and impartial investigation into Ms.
Dutta’s allegations is carried out, and those found responsible for violating
the law are subject to the appropriate penal, civil and/or administrative
sanctions;

 

3) Ensure that
Ms. Dutta and her daughter receive adequate, effective and prompt reparation,
including adequate compensation, proper medical care and rehabilitation;

 

4) Take steps
to ensure the respect of human rights and the fundamental freedoms throughout
the country in accordance with national laws and international human rights
standards.