A fact finding team, in association with Human Rights & Child Rights Organisations like People’s Watch, Civil Society Forum on Human Rights (CSFHR) & Odisha Coalition for Rights of Children (OCRC), Odisha to visit the spot and to collect information & interact with different stake holders & witnesses to record the ground zero situation to develop a in depth report to apprise OHRC & disseminate with other Civil Society Members.


 Place of Incident

The occurrence place is approximately 1 Km from Survivor’s village Musaguda  in the Lengi guda Ghati (upland area near village).

The village is situated at the east of  Kundulli Hatapada ( a weekly Friday market ) a compact  market area adjacent to the National Highway no.26. The village Musaguda  comes under  Sorisapadar Gram Panchyat under Police Station/ Block limit of  Pattangi of Dist– Koraput , Odisha.

Distance from Kundulli to village Musaguda is at about 5Km. which   is less accessible in general with limited Auto service. Malimarla village is mostly used by commuters to reach at  Musaguda village. Alighting at Musaguda which is 2 Km distance, one has to walk for reaching the village or can travel by own vehicle arrangement.

ROUTE MAP:

Date of Incident: – 10.10.2017 & Time : about 11.00 to 11.30 am

 

 

Fact Finding visit –

Apprised from media report on heart throbbing, brutal & gang rape incident in which it was alleged of the involvement of paramilitary commandos deployed in their operational area for anti naxal operation have acted as inhuman and dreadful with a 15yrs girl student of 9th class belongs to dalit (SC) community of the village Musaguda under Patangi Police limit of Koraput district.

Number of Human Rights Defenders responded to the incident and have moved to Odisha State Human Rights Commission, Bhubaneswar with four separate petitions seeking independent inquiry and justice to the survivor on date 11.10 2017.

A fact finding team, in association with Human Rights & Child Rights Organisations like People’s Watch, Civil Society Forum on Human Rights (CSFHR) & Odisha Coalition for Rights of Children (OCRC), Odisha to visit the spot and to collect information & interact with different stake holders & witnesses to record the ground zero situation to develop a in depth report to apprise OHRC & disseminate with other Civil Society Members.

FACT FINDING TEAM  : –

–          Sri  Pradipta Nayak, Human Rights Defender & Regional Coordinator (North India)  of Institute of Human Rights Education,

–          Sri Chandranath Dani, Human Rights Defender & North India Regional Coordinator of HRDA, AiNNI People’s Watch,

–          Sri Purna Jani, Mali Parbat Surakhya Samiti, Semiliguda,

–          Sri Sheem Ahmad, Social Worker of Koraput

Objective of the Fact Finding: 

–          Watch out the current status of the survivor’s  physical and psychological condition,

–          Interact with all possible stake holders, local witnesses to find out the circumstantial truth at ground zero,

–          Apprise the Odisha State Human Rights Commission on the current situation.

–          Overview the assistances extended by the administrative machinery to the survivor/ family members

Background:

The survivor is from a poverty stricken family, where her father was detached from family for a long time leaving three sisters, one brother, mother & aged grandparents. Two of her elder sisters are married and her brother drives an auto in the area for his family lively hood  as he is the lonely bread earner of the family. Survivor is the youngest one in the family.

A student of class IX in the Sorisapadar Ashram School a passport size photograph was required by the school authorities for filling of form in school for which she went to Kundulli on date: 10th Oct.2017 to take a photo of her in studio as Kunduli is the only available market nearby. While she was returning to her village on the way she boarded in an auto and got down at Mallimarla village stop from where her village is at about 2 Km distance.

The paramilitary forces like Border Security Force (BSF), COBRA, etc. are deployed in the area for anti Naxal operations. The base camp at Raleguda is located nearer to the village, it is about 8-10 Km in fair weather road lined between deep jungles and 35Km on Main Road via Kundulli and Pottangi from Musaguda.

Usually Paramilitary forces continue with their regular exercise of combing, security monitoring & mock drills in the jungle road in small groups which were seen by many villagers. Recently in an incident while 10 girl’s from nearby village went to collect fire woods from nearby forest when four paramilitary personnel have chased them but could not succeed to catch hold as they manage to escape from the place to their village. Some more similar kind of incidents was also shared by the villagers against whom they could not register a complaint under fear of life & lack of protection. The main hurdles is illiteracy, lack of awareness, feeling in secured, threat of grilling by these personnel & also some social stigma which resists them to file a complaint leaving them in this dilapidated condition. Living always in pressure, unable to collect forest product which were their livelihood, language factor, fear of torturing as suspected Maoist by these personnel living their life in miseries & grief which goes unheeded by the authorities

REPORT:

The team had met with different stake holders and family members of the survivor & have a thorough possible interaction and collected their statement, views & comments on the matter.

The statements are as follows;

Mother of the Survivor:

On date 10th Oct 2017 morning my younger daughter went to Kunduli to take her photograph as required by her school. On her way to home after getting down at Malimarla Chowk while she was walking towards village four persons have grabbed her forcibly at gun point and dragged her to the bushy ghat (hill) area and committed the gang sexual assault & have thrown her near one unmanned forest post approx.1 km. away from her house. She managed to return to our home with her torn out dresses, by that time I was working in the field, she came to her Bada Maa (elder mother who is wife of her father’s elder brother) and called her for help, then I came to know about the incident and rushed to our house and find her in restored consciousness with atraumatic condition.  Then we immediately acted to take her to our nearest hospital (Pottangi PHC). One doctor who was present in the hospital done some first aid and referred us to the Sahid Laxman Naik Medical College and Hospital, Koraput, the district hospital.  From that day onward I and another three family members are here in hospital for her treatment.  She is admitted in to the labour ward and as per the Chief Minister’s commitment the treatment is available free of cost by the state Government.

Further she stated about the daughters interaction with her at Hospital.

She got down from the passenger Auto near village Malimarla from where her village Musaguda is about two KMs. On her way near Lengi guda hill she saw four nos of commandos dressed with COBRA uniform with Gun in shoulder. Watching them on the road she feel secured & without fearing them she walked on her way to home but suddenly they stopped her way grabbed her and close the mouth and eyes in a cloth and brought her to nearby deep forest in the hill. They threat her to kill if she shouts. They tore her dress apart and raped her, there after thrown her near a forest department sign board on the road side nearby. They further, threatened her not to utter anything to others about the incident.

Assaulted with heavy injuries, bleeding in genital parts and deep scar marks on half naked body, she could able to reach home opting a diversion through cultivable land avoiding public notice.

She stated that all the accused were talking in Hindi language and wrapped with black cloth in their face. While carrying her to the road side after rape she could see face of one accused who have black mole like spot under the left side eye.

She is appealing everybody to resume her study after recovery. Her grandfather is very old and mad, grandmother is also very old.

The barbarous happenings with her become a nightmare for her. Her mother also dumbfounded to say anything and weeping near the  hospital bed.

Brother of the Survivor:

On the day I was driving my auto returning from Pottangi and heard about the incident & came to know that my co-villagers have taken her to Pottangi PHC. I joined them in the PHC & informed about the incident in detail & rushed to Pottangi Police Station & verbally informed a police officer on duty followed by a written complaint/FIR which was registered vide PS Case no 102 of 2017.

As she was referred to Koraput district hospital, I with my mother and other family members accompanied her. We are not allowed to see her but as per doctor she is better now. I can’t say anything about the incident as I was away, but the paramilitary force moves in our area in the name of security in regular interval in small groups. Many incidents of this type happened in our area but people have not dared to lodge a  complaint out of fear.

 

The survivor is undergoing treatment in the Sahid Laxman Naik Medical College and Hospital, Koraput since after the incident occurred.

Additional District Medical Officer (ADMO) :

Dr.P. Champati Ray,ADMO and other staff nurses are  present stated her health status is stable now, but it would be better, if shifted to a single room considering her privacy where she would be out of danger of other situational infections & hazards.

Statement of Elder mother – Aunty (Badamaa) :

The (Badamaa) aunty of the survivor resides in village Musaguda who first assisted the survivor at back yard of her home. She stated that while all other children of village have been to school when the survivor with a feeble voice called “Mother Mother give me a glass of water” at about 12 to 1 pm. She saw her with half naked , full of blood and scars on body. She became breathless succumbing the incident happened with her. Immediately Mother of the survivor was called back from the field, then after other villagers gathered over there and sifted her to Kunduli Primary Health Centre.

Statement of president of Damba (SC by caste) Samaj :

He was present at the village during our visit. Responding to our queries he said that this is one from the numbers of incidents which publicized, in our area where uniformed commandos are involved. The accused should be identified arrested soon. We do believe in our daughter’s statement. We have been hearing rape and murder of Tribal women at Borabandh, physically assault to the group of women in Marle etc but disguising. There is no proof of Naxals earlier in doing such nonsense in Koraput district. People are apprehending biasness in inquiry of the incident.

Staement of co-villagers Musaguda have said we believe in our daughter’s statement. We need fare inquiry and justice. Nevertheless, Naxals could do this type of inhuman work, it’s only possible by the Commando’s. They have been moving around the village seen by us variously. Two days before a police vehicle had come with many commandos to nearest Sorisa Padar village we have seen. There are four Military camps in this area Sri Narendra Chhati said. BSF camp is in Ralegada 32kms from Kunduli hatapada. Another is in Patangi 12 KMs, 3rd is in Sunki 35 KMs and 4th is in Sunabedha 15 KMs distance. Apart from that there are some temporary camps of BSF and CRPF in this area. Naxal’s have warned and then killed if fill police informer to a person but surely will not do this nasty work we believed. A group of Tribal women are tortured by the BSF commandos in Marle few days before while they have been to collect fire wood to forest. Similar type of incidents happened in village Tau Padar & Kumar Khudi.

Sri Parsuram Chhati said our daughters and mothers fear to go to forest to collect NTFP and fire wood. Unable to move around the Dangar field, forestry road and hills for their day to day work. He also unaccepted to agree Naxals to do this barbarous work.One innocent boy of the nearby village held up one day by the Police in the name of investigation.

Sri Tirlochan Muduli, Jansurakhya Samiti Vice –President said that we have been opposing the anti Naxal operation in Koraput district since 2009. The administration and CRPF authority had assured us to do all such development work for the people very thing is in vain except our property, security and free movement is sleazed.

Mr.Gamango, Inspector In charge (IIC) of Patangi police station, revealed that Crime Branch is inquiring the case. We have nothing to do except to cooperate them. FIR has been lodged bearing PS Case No.102 of 2017 with sections of POCSO Act, IPC 375, 376 Sec etc. SC/ST PoA did not lodged in FIR because without knowing the caste of the accused. We personally, called the ambulance and sent the affected girl to Koraput head quarter hospital for better treatment. He did not say anything except saying accused will be punished.

Mrs S.Saini, DIG of South Western Range:

Mrs. Saini told that the law will take it’s own course at the earliest and efficacious steps of inquest is already activated. No one will be spared, whoever the offender may be  committed this inhuman incident, they may be from BSF, CRPF,SOG, Militia or Civilian which will be determined after completion of the inquest. He/ They must be punished under the law assured during a discussion at her residence at Koraput. She also assured to look in to the provide advance treatment if required for the speedy recovery survivor for her.

FINDINGS : –

1-    The survivor is being treated in a common labour ward Obstetrics and Gyaenacology (O&G) violating her right to privacy preventing public exposure

2-    No interim financial assistance from administration is being extended neither to the family members nor to  the survivor yet

3-    Inquiry by the authorities seems to be moving in snail’s pace

4-    The role of Child Welfare Committee (CWC) Koraput, Odisha State Commission for Protection of Child Rights (OSCPCR), Odisha State Commission for Women (OSCW) is not proactive

5-    Relevant sections under SC/ST PoA Act not been charged by Patangi Police

DEMANDS :

  1. Super speciality medical treatment and expert counselling may be extended for rescuing the survivor from the state of trauma
  2. Rs.10,00,000.00 financial compensation from CMs relief fund and rehabilitation of the family with appropriate security
  3. Efficacious  and speedy inquiry process to be under taken involving special expert wings by the authority or
  4. Judicial inquiry to be ordered by the Govt. within one month
  5. The time demands to stop harassment, arrest & torture of innocent Tribal youths in the name of investigation
  6. Regular meetings may be arranged to bridge the gap between deployed forces & locals for developing a friendly environment
  7. Developmental program for skill development & capacity building programs must be initiated in this area to develop confidence within local youths involving the welfare wings of BSF, COBRA etc.
  8. The state police must run a cell to monitor this type of incident with 24X7 toll free helpline number may be installed at the operational districts.
  9. The survivor be admitted in any Ekalavya Model Residential School (EMRS)school for her further study.
  10. Emphasis must be given for implementing various developmental programs under different schemes of Government with a target based achievment