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CBCID Inquiry ordered in sexual assault case in Haryana jail raised by Mission Bhartiyam



In a matter of sexual assault case wherein two women prisoners alleged that Deputy Superintendent of Nimika Jail, Haryana had sexual assaulted them and an appeal was filed by Ravi Nitesh, President of Mission Bhartiyam with National Human Rights Commission in May 2013, continuous inquiries were done by NHRC and various reports were asked from Haryana jail officials in this regard.

Now, in the recent development in the case, the commission on 5 June 2014 has again directed to Principal Secretary, Government of Haryana to conduct a CBCID inquiry in this regard and submit a report within eight weeks.

Interestingly, the local administration report in response to first notice of NHRC for submission of report was being made with conclusion that no sexual assault took place, however the commission itself rejected to accept the conclusion as it as and told that statement of victims do not reject the probability of sexual assault within the jail premises as no one else can be witness there.The Commission also therefore asked with Principal secretary, Govt of Haryana to have a CBCID inquiry.

The case was registered by Ravi Nitesh and NHRC allotted case no 3396/7/3/2013-AR in this regard. The commission in its directive clarify that:

"Shri Ravi Nitesh, a human rights activist, in his complaint dated 16.05.2013, has alleged that two woman prisoners at Nimika Jail, Faridabad were sexually assaulted by the Dy. Superintendent of the Jail. The incident was reported by them to the Chief Judicial Magistrate on his official visit to Jail. Thereafter, the victims were allegedly beaten and tortured by the jail officials as to why did they convey the incident to the Chief Judicial Magistrate. The complainant has requested intervention of the Commission. Pursuant to the direction of the Commission, the DG, Prisons, Haryana has sent a report dated 9.7.2013. As per report, the enquiry conducted by Addl. IG, Prisons, Haryana revealed that the allegations of physical torture of the lady prisoners by the Dy. Superintendent were false. An FIR No. 139 dated 14.5.2013 was also registered at P.S., Ballabhgarh regarding the alleged incident of sexual assault by the Dy. Superintendent. After investigation, the allegations were found false and final report is to be submitted. During enquiry, only this possibility came out that the prisoners Nirmal Bhatia and Anita might have been abused and beaten by the lady warder Sangita and Sumitra as a mobile charger was recovered from the possession of the lady prisoner Anita but the allegation of sexual exploitation was found to be false. Pursuant to the directions of the Commission, the jail officials have sent a copy of FIR No.139 dated 14.05.2013, copies of the statements of victims recorded u/s 161 Cr.P.C., medical examination of the alleged victims, etc. Having considered the FIR, statements of the victims recorded u/s 161 Cr.P.C. and other documents, the Commission notes that the possibility of commission of offences in the jail premises by the Dy. Superintendent cannot be ruled out in view of the statements of the victims, who are the only witnesses of the occurrence. In the jail premises, no outsider is expected to witness the occurrence. Let the Principal Secretary, Government of Haryana, Department of Home be asked to get the case FIR No.139 dated 14.05.2013, P.S. Ballabhgarh registered in connection with sexual assault on the two woman prisoners by the Deputy Superintendent of Nimika Jail, Faridabad in the jail premises, investigated through the CBCID and send within eight weeks a report in this matter. "  

We, at Mission Bhartiyam, are hopeful that such cases be solved with proper, in-depth inquiries as women in jails are also vulnerable to these crimes because of the unavailability of any reporting/monitoring system. We are hopeful that NHRC will give an impartial decision and will investigate the inquiry report as well to avoid any loophole.