Jammu: A tribal advocacy group has approached the National Commission for Scheduled Tribes, seeking invocation of the SC/ST Act in the case of a minor Gujjar girl’s death during an abortion following a sexual assault, monitoring of the investigation, and compensation to her family.
The 15-year-old girl in Kishtwar district was allegedly raped by her teacher for months, resulting in her pregnancy and death during an abortion bid.
In a complaint filed through its member trustee Kabir Ahmed, the Tribal Gujjar Bakarwal Welfare Foundation (TGBWF) urged the National Commission for Scheduled Tribes (NCST) to take immediate cognisance of the case, and seek periodic progress reports from authorities until completion of the investigation.
On Friday, police arrested the accused Khalid Ahmed Sheikh, a Grade-II teacher and in-charge headmaster of a government middle school in Inderwal village, along with his brother, officials said.
The accused were booked under Sections 61(2) (criminal conspiracy), 65(1) (rape of a woman below 16 years), 90 (death caused by an act intended to cause miscarriage), 91 (act intended to prevent a child from being born alive or to cause its death after birth) and 92 (causing the death of a quick unborn child by an act amounting to culpable homicide) of the Bharatiya Nyaya Sanhita.
Besides these, the FIR registered at Chatroo police station included Sections 4 (punishment for penetrative sexual assault), 6 (punishment for aggravated penetrative sexual assault), 8 (punishment for sexual assault), 10 (punishment for aggravated sexual assault) and 17 (punishment for abetment) of the Protection of Children from Sexual Offences (POCSO) Act.
The TGBWF complaint pointed out that despite the deceased girl being a Gujjar, which is a notified Scheduled Tribe, and the accused not belonging to any scheduled community, the SC/ST (Prevention of Atrocities) Act has not been invoked in the case. It urged the NCST to direct the police to invoke provisions of the special law.
The foundation also sought an inquiry into allegations that after the pregnancy came to light, threats, monetary inducement and a community-level panchayat were allegedly used to suppress and settle the matter.
The role of medical practitioners, intermediaries and others connected with the alleged termination of pregnancy should be investigated, it said.
The TGBWF urged the preservation and examination of all relevant evidence, including electronic communications, call records, financial transactions, school and medical records, prescriptions and pharmacy records.
It also sought examination of whether any person with prior knowledge of the alleged offences failed to comply with mandatory reporting requirements under the POCSO Act.
Pointing to their economic and social vulnerability, the TGBWF sought protection for the deceased girl’s parents, siblings and material witnesses from intimidation and coercion.
It also sought statutory compensation and rehabilitation benefits for them admissible under the law.
The foundation requested the NCST to obtain an Action Taken Report from the Jammu and Kashmir Chief Secretary, Director General of Police and others concerned.
It also appealed to the authorities, media organisations and the public to protect the identity and dignity of the deceased minor and her family.
According to sources, the minor girl died after delivering a stillborn child during an abortion late on Thursday evening.
Locals said the girl had been pregnant for months. About a fortnight ago, she complained of stomach pain and was taken to a local health centre, where a medical examination revealed her pregnancy. The girl then admitted to her parents that the teacher had sexually assaulted her repeatedly for the last few months.
Locals also alleged that the accused had offered money to the girl’s family members and threatened them against approaching police.
On Wednesday, the accused and his brother allegedly took the girl, accompanied by her father and uncle, to a health facility in Kishtwar for an abortion. Following a medical examination there, she was referred to another facility, where an attempt was made to induce delivery through surgery, sources said.
The girl delivered a stillborn child during the procedure. Later, her condition deteriorated, and she too died, they said.
The incident sparked protests, with a complete bandh being observed in the Chatroo belt on Friday. Protests also spread to several parts of Kishtwar after Friday prayers.
