Justice for Pratima (NHRC)

The Chairperson,
National Human Rights Commission,
Faridkot House, Copernicus Marg,
New Delhi 110001

Dear Sir,

Subject: Justice for Pratima Singh in the case against her criminal father, SDM VK Dohare.

We, the undersigned, wish to communicate our deep anguish and concern at the puzzling failure of the National Human Rights Commission (NHRC) to defend Pratima Singh and her marital family.  Subdivisional District Magistrate (SDM) Virendra Kumar Dohare, Pratima Singh's father, continues to threaten her life, as well as the lives of members of her marital family. Pratima has twice requested NHRC intervention in her battle for justice against her father but has failed to get the required support. Dohare has subjected his own daughter to numerous rapes, violent attacks, a forced abortion to cover his wrongdoings, and attempts to murder her, failing which he got her kidnapped by hired goons with instructions to kill her. (Case No.3108/24/2002-2003). On each occasion she survived miraculously. Given the seriousness of the crimes committed by Dohare, we urge the NHRC to make up for lost time and take a proactive approach in helping Pratima Singh in her quest for justice. 

Mistreated by her own father for the crime of being born female, Pratima Singh went through a very traumatic childhood. However, worse was to follow. When she was in her first year of college, her father started subjecting her to repeated violent rapes. Unwilling to bear a life of terror and unspeakable humiliation, Pratima decided to fight back. She sent written complaints to various authorities, including the Police Commissioner, the Home Secretary and the Chief Minister of Uttar Pradesh.

Pratima's pleas for help and justice went unheard on account of her father's official status and political connections. In sheer desperation, Pratima ran away from home and took shelter with a young relative, Satya Prakash, who married her so that she could stay with him without inviting stigma. Dohare was not used to being challenged by anyone and he initiated an open war against Pratima, her husband, and her in-laws.

(For a more detailed account of what Pratima has gone through click here).

Dohare was one of the key accused in the murder of Pratima's brother-in-law, Babu Ram, a High Court lawyer who tried to help Pratima fight her battle in court and so aroused Dohare's murderous rage. Dohare was even suspended from his job on this account on April 10, 2003. But he managed to scuttle a fair trial and got reinstated in May 2006, while the case is still going on. In November 2006, Manushi lawyers helped Pratima challenge his reinstatement in the Allahabad High Court and in April 2007, he was suspended again on the orders of the High Court. But once again Dohare used political influence to get reinstated in May 2007, after the Bahujan Samaj Party (BSP) came into power in UP.  

Dohare has also succeeded in foisting patently false criminal cases against Pratima's husband, and other male members of the family, including her bedridden father-in-law, who died from the shock of his son's death and of being falsely charged with abducting a young girl. In addition, Pratima's in-laws' home has been vandalized and several other family members have been subjected to violent attacks.

Despite Pratima's courage in the face of systematic terror, all her heroic efforts to get some semblance of justice have been blocked at every turn, pointing to a very serious failure of the institutions of law and governance in India. We are particularly concerned with the manner in which Pratima's case was handled by the NHRC. She first approached the NHRC on April 5, 2002. No official of the NHRC or any other government agency came to record her testimony or indicated that there was any follow up action in response to her complaint, despite consistent follow up by Pratima.  However, on March 24, 2006 she finally received the following unsigned standard format letter dated March 10, 2006 from the office of the Assistant Registrar, Law:

"The report in this case was transmitted to the complainant for his/her response /comments. Since the response/comments of the complainant have not been received, the Commission assumes that complainant has nothing further to urge in the matter. Hence, the report submitted by the authority is taken on record and the case is closed."

The set format in which the communication came indicates that the NHRC may be similarly dismissing numerous such cases without proper follow up action. The "authority" in this case refers to the expectedly biased report submitted by the local police. On April 8, 2006, Pratima sent a registered protest letter to NHRC against the arbitrary manner in which her case was closed without anyone from NHRC taking her testimony or that of her marital family members. Neither were any of the witnesses examined. She also provided a detailed rejoinder to the report submitted by the local police. NHRC did not bother to respond to Pratima's protest.

In April 2007, due to the efforts and intervention of Manushi, Pratima managed to finally get a personal hearing with the Chairperson of NHRC, Justice S. Rajendra Babu. Despite the Chairperson's firm assurances that her case would get due attention and support, it is extremely disturbing that the NHRC has neither taken any action nor communicated to either Pratima or Manushi as to why her case did not merit attention.

The criminal acts of Dohare, his brothers and associates are not just aimed at Pratima Singh. He is notorious for his corruption and terror, especially among vulnerable members of Dalit community. For example, in April 2009 Dohare's younger brothers Constable Surendra Kumar, Rajendra Kumar and Ravindra Kumar subjected a four-month pregnant Dalit woman named Arun Kumari of their own village to such a brutal attack in full public view that it resulted in her miscarriage on the spot. She lay bleeding in the open for a long time. No one in the village dared come to her rescue or even carry her to hospital because of fear of the Dohare brothers. No action has been taken against the Dohare brothers in this case, even though the assaulted woman and her family did lodge a police complaint, despite threats to their lives.

We urge the NHRC to take immediate action and come to the aid of Pratima and her endangered marital family to ensure that:

1)    The CBI or some other Central Government agency carries out a fair and speedy investigation into the charges against SDM Dohare so that he can be subjected to a trial on charges of rape, murder, abduction, attempts to murder, and implicating his daughter's husband and other family members in false cases.

2)    Dohare is suspended pending his trial so that he is not able to influence or vitiate the course of justice.

3)    Pratima and her marital family are provided adequate protection since their lives are in great danger.

4)    The bogus cases against Pratima's husband and other family members be investigated speedily by the CBI, and if found to be filed on false and malafide grounds, that strict action be taken against all those indulging in illegal acts at Dohare's behest.

5)    The cases filed by Arun Kumari and other victims of Dohare's tyranny be investigated impartially and put on fast track trials.

Thank you in advance for your urgent attention to this life and death matter.

[Note: This petition is sponsored by Manushi]

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