‘I asked why my sister was being taken into custody, but a policeman grabbed my hair in reply’
Nimdih, Jharkhand: “It was around 11 pm when we were jolted out of sleep by knocking sounds. On opening the door, a few policemen rushed in and started beating us. They were here to arrest Sambika didi. One of them grabbed me by the hair and verbally abused me when I asked why my sister was being taken into custody,” recalled Roboni Kora, the younger sister of Sambika Kora.
The incident occurred at Ramnagar under Nimdih Police Station in Jharkhand’s Saraikela-Kharsawan district on March 25, 2022. Sambika, then 19, was taken into custody over a land dispute in the family and was released around 8 am the next day, after her husband was called to the police station. Around 9 am, the couple was dropped off in Balidih village.
The arrest violated Section 160 of the Code of Criminal Procedure (now Section 179 of Bharatiya Nagarik Suraksha Sanhita (BNSS), stipulating that no woman of any age should be required to attend any place other than their residence for interrogation. Also, no record of an FIR or complaint registered was available concerning her custody. No paperwork was done at the time of release as well.
Roboni said that she had asked if the officers possessed an arrest warrant. “They refused to offer any explanation. My mother was also interrogated and verbally abused, but we somehow escaped and took shelter in a school in the nearby village. They did not even spare our grandmother. She was also taken with my sister, but deboarded after some distance,” added Roboni, who was 16 at the time of the incident.
As per her complaint to the National Human Rights Commission (NHRC), Sambika claimed that she was locked up in custody, with the policemen verbally abusing her until dawn. There were no women police on duty. She was even denied water to drink.
Roboni told this reporter that her sister was beaten with shoes, but that was not mentioned in Sambika’s statement to NHRC.
Twisted truth
Police stations are meant to be spaces where anyone can file a complaint, but a majority of women are afraid to report a crime, fearing further mistreatment. In Sambika’s case, the police station became the site of crime. Sambika was advised by a resident of Ramnagar, who does not want to be named, to meet Vishwajit Karmakar, an advocate in Civil Court, Ranchi, and also a member of the Network of Advocates for Rights and Action.
On March 28, 2022, Karmakar lodged an online complaint to the NHRC on Sambika’s behalf. “As per the complaint, Sambika was brought to the jail without any coherent reason, contravening the provisions of BNSS. As per Section 179 of BNSS, her statements can only be recorded where she resides in the presence of a woman constable and family members. In case she has to be arrested, the police should have orders from the magistrate,” explained Karmakar.
“It was a civil matter between Sambika’s family and her paternal uncle, and the police came at the uncle’s behest,” added Karmakar. In civil cases, the police have no authority to resolve disputes. They can intervene only in situations where criminal activity or a threat to peace is involved. Sambika protested the most against illegal detention that night, so she was taken into custody.
However, when contacted, Sambika refused to share details of the family dispute with this reporter.
Taking note of the complaint, NHRC on April 4, 2022, directed its registry to transmit a copy of the complaint to the superintendent of police (SP), Saraikela-Kharsawan district, and submit a response within four weeks.
Pursuant to the same, SP sent a report to the NHRC on September 3, 2022. The report submitted by the sub-divisional police officer of Chandil, Jharkhand, carried statements of policemen at Nimdih station. The statements recorded on April 30, 2022, stated that a domestic quarrel occurred between Sambika and her husband on March 25, 2022, which led to police intervention. They claimed that the police did not abuse them, but they were taken to a nearby public health centre for treatment as they had suffered injuries during the quarrel. After counselling, they were taken back to their home in a police van.
Subsequently, on September 19, 2022, NHRC directed Sambika to submit her response regarding the police statement. On September 30, 2022, Sambika, in her response, denied their statement and reiterated allegations against the police. The NHRC then directed the SP on December 9, 2022, to further investigate the matter. On March 15, 2023, the SP again submitted a report observing that there was a lapse on the part of the station house officer (SHO) as he kept a woman in the police station premises in the wee hours without any coherent reason.
“The police have framed these lies to defend themselves. They could not attach any report from the hospital or produce any statement from the doctor. There was also no injury report or the mention of the kind of treatment given,” Karmakar said.
The NHRC found a lapse on the part of the SHO, so they directed the SP to again submit a report on April 17, 2023. The SP submitted a report on September 27, 2023, stating that the departmental inquiry against the then sub-inspector, Amit Kumar Gupta, was completed and he was found guilty, so his salary increment for six months has been suspended. Curiously, only the sub-inspector was found guilty and no action was taken against SHO, without whose permission the incident would not have happened.
After the suspension, the NHRC issued a show cause notice regarding compensation to the Jharkhand Chief Secretary on April 29, 2024, stating that although the sub-inspector was duly punished, the state was vicariously liable for his action. It said the NHRC considered the case fit for Rs 1.5 lakh compensation under Section 18 of the Protection of Human Rights Act, 1993. The notice clearly stated that in case of non-compliance, the case would be reopened after six weeks. Due to the non-compliance, the NHRC reopened the case on February 20, 2024.
On May 13, 2024, the NHRC received a copy of the communication from the under secretary, Home, Jail and Disaster Management Department, Government of Jharkhand, addressed to the accountant general, Jharkhand, wherein it is maintained that the recommendation of compensation of Rs 1.50 lakh has been sanctioned. The said copy has also been addressed to the deputy commissioner, Seraikela-Kharsawan, with a direction to make payment to Sambika. However, the compliance report of payment is still awaited.
Fight for justice continues
Sambika’s abuser was suspended only because of NHRC intervention. Karmakar had filed the case directly to the NHRC and not to the Jharkhand State Human Rights Commission because the state wing had remained inactive since COVID-19 period.
“For families like Sambika’s, NHRC is a great forum as one can register their complaint online free of cost as compared to the courts where one has to be physically present to file the petition, and then the case gets forwarded. Once a person complains, the commission verifies from their end and directs an inquiry. Hence these forums are best for economically weaker sections of society,” said Karmakar.
However, when it comes to punishment, are suspensions enough? They are swift, more aimed at appeasing public anger than delivering real accountability. “To address such incidents, we need stringent legal reforms, institutional accountability, gender sensitisation training and a broader cultural shift within the police force,” emphasised Karmarkar.
Meanwhile, Sambika’s fight for justice continues as she is yet to receive the compensation. Though both NHRC and SHRC can investigate and decide on compensation, their power is usually advisory, with no authority to take direct action or impose penalties.
Additionally, the delay in compensation stems from a combination of reasons such as institutional apathy, systemic bias, legal complexities and bureaucratic inefficiencies. Lack of timely action contributes to the prolonged suffering of victims.
Sambika was never formally charged with any crime. She knew why she was taken into custody. This incident particularly did not affect the civil case in her family, as there was no formal complaint registered against the uncle, which underscores a broader societal problem where abuse is normalised within families.
Sambika is grateful for the justice she received from NHRC, and is hopeful that one day she will receive the compensation as promised.
(NS)
This article was originally published in 101 Reporter under Creative Common license. Read the original article.
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