08/24/2015, 00.00
INDIA
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Chhattisgarh: serious shortcomings in the investigation into the rape of a Catholic nun

by Nirmala Carvalho
The National Human Rights Commission slams police for compromising its investigation. The victim was not protected and received no legal or psychological support. Police also made hasty and irresponsible statements to the police.

New Delhi (AsiaNews) – India’s National Human Rights Commission (NHRC) has found several flaws in the investigation into the case involving a 47-year-old nun who was drugged and raped overnight on 19-20 Jun at the Christ Sahaya Kendra (Christ Help Centre) in Raipur, Chhattisgarh.

In telling her story, the nun, a member of the Salesian Missionaries of Mary Immaculate (SMMI), showed courage. However, the NHRC found that the State government failed to conduct a proper investigation at the scene of crime, failing to collect the physical evidence that might point to the culprits.

According to the NHRC, the inspector general of police also made hasty, irresponsible and totally unwarranted statements to the media. Not only did he doubt the victim’s words about the rape, but showed insensitivity towards her rights.

In order to protect the victim and uphold the laws of the State, the Commission directed the Superintendent of Police in Raipur, as well as the Director General of Police and the Chief Secretary of the Government of Chhatisgarh to take action on the specific points as recommended and submit a report on the action taken within six weeks.

NHRC members found that whilst police conducted a preliminary investigation and filed a First Information Report (FIR), they failed to get the victim’s statement recorded before a judicial magistrate, as required by Section 164 [5(a)] of the Code of Criminal Procedure (CrPC).

Furthermore, local police, in absence of a protocol or a procedure, did not take any measures to secure the scene of the crime, nor did it take blood, urine or other body fluid samples to find out the nature and composition of the pills allegedly forced into the mouth of the victim or any biological traces left by her assailants. Likewise, errors were made when the victim’s clothes were taken.

Police also failed to provide the victim with any kind of psychological or legal support, which is required under Section 357A of the CrPC, Supreme Court Guidelines.

Finally, the NHRC directed the Director General of Police to start training officers to handle media and the press to avoid releasing incomplete statements or making declarations that are disrespectful of the victims.

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