Jammu: The National Commission for Scheduled Tribes (NCST) on Tuesday took cognisance of the alleged rape and subsequent death of a minor girl in Chatroo area of Kishtwar district last week and sought a response from top officials within five days.
The Tribal Gujjar Bakkarwal Welfare Foundation (TGBWF) has approached the NCST, 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 on August 20.
Acting promptly upon the complaint submitted by the foundation through Member Trustee Kabir Ahmed on Monday regarding sexual assault and death of a minor ST girl and non-invocation of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, the NCST said it has decided to investigate into the matter and issued notices to Jmmu and Kashmir chief secretary, director general of police (DGP) and the senior superintendent of police (SSP), Kishtwar.
According to an order issued by the NCST, the top J-K officials have been directed to submit the relevant facts, information and details of the action taken on the allegations raised in the complaint within five days from receipt of the notice.
The Commission has further cautioned that if the required reply is not received within the stipulated period, it may exercise the powers of a civil court conferred upon it under Article 338A of the Constitution and issue summons seeking the appearance of the concerned authorities, either personally or through authorised representatives, before the Commission.
Welcoming the Commission’s prompt intervention in the case, the TGBWF said the development is an important institutional step towards accountability and justice for the deceased child and her family.
“The prompt action taken by the NCST has strengthened the family’s hope that the case will receive the attention and accountability it deserves. We respectfully appreciate the Commission for responding with urgency and sensitivity to a matter involving a vulnerable tribal child,” the Foundation said in a statement here.
Police have already registered an FIR against the accused teacher who, along with his brother, was arrested in connection with the case.
The TGBWF seeks investigation into allegations of threats, monetary inducement, a community-level attempt to suppress the matter, possible non-reporting by persons having prior knowledge and the role of persons who may have facilitated, concealed or attempted to compromise the offence.
A central grievance raised by the Foundation is that despite the deceased child belonging to the Gujjar Scheduled Tribe, the applicable provisions of the SC/ST (Prevention of Atrocities) Act have reportedly not been invoked.
The complaint seeks verification of the tribal status of the victim and the social status of the accused, examination of the applicability of the relevant provisions of the Act, protection of the family and witnesses, preservation of digital and medical evidence, and payment of legally admissible compensation, relief and rehabilitation benefits.
The TGBWF emphasised that the Commission’s notice marks the commencement of a constitutional inquiry and should now be followed by a factual and time-bound response from the J-K administration and police authorities.
Former J-K chief minister Ghulam Nabi Azad on Tuesday strongly condemned the incident, describing it as “absolutely horrifying and shameful”.
Azad appreciated the police for swiftly arresting the culprit and said that the accused must face exemplary punishment for the heinous crime.
“The rape of a minor girl from the ST community and her subsequent death is absolutely horrifying and shameful. I appreciate the police for swift action against the culprit who deserves exemplary punishment,” Azad said in a statement here.
Stressing that society as a whole must take a strong stand against such crimes, Azad said, “Society across the country must rise to the occasion and ensure that people with such dirty mindsets find no place in our society.”
He expressed solidarity with the bereaved family and urged that justice be delivered swiftly and firmly in accordance with the law.
