As all of you are aware a 1st year female student from Sikkim was lured to an isolated spot by her seniors, where they tied her hands and mouth, stripped her naked and clicked her picture and video in such a state. When the female student resisted she was brutally beaten up and tortured – physically, mentally and psychologically with the intention to keep mouth shut.
Following encouragements and support from her friends, when finally the victim/survivor filed a complaint with the Visva Bharati authorities, her complaint was swept under the carpet of “good name of our school” and no action was taken. When the female student refused to back down the authorities tried to dismiss her claim, with three professors from Kala Bhawan claiming that they could not find any objectionable matter in the phones of the accused.
Finally when the father of the victim arrived on campus, he was whisked away to the Vice Chancellor\s room and from there on his daughter and him were virtually kidnapped by the Visva Bharati authorities and were not allowed any contact with the outsiders, particularly the media.
Despite the daughter (the victim) and the father sticking to their statements, the Visva Bharati authorities tried to mislead the investigation being conducted by the police, by declaring that the victim had left on her own.
However all this pales in comparison to how the Visva Bharati authorities tried to not only subvert the mater but also influence the course of justice.
We, therefore, have sent this petition to the Hon’ble President of India, with copies to the Hon’ble Prime Minister of India, the Hon’ble Minister for Human Resources Development, Government of India, and the Hon’ble CM’s of West Bengal and Sikkim. We have demanded that the Hon’ble President look into the following issues:
Setting up of an independent enquiry committee
We have lost complete faith in any sort of internal investigation committee formed by the Visva Bharati authorities. We have been informed by a few Visva Bharati insiders that the current Vice Chancellor apparently told a gathering of professors and staff that, “no action has been taken by anybody against us. All that you hear is trash. Yes, a UGC fact finding committee is coming. My good friend, Tezpur – University VC is there. I will take care of it.”
Given this, the forum members in the interest of justice are hereby informing you that, we have lost all faith in the internal investigation system constituted by the Visva Bharati authorities and also with the UGC fact finding commission.
The forum has unanimously affirmed to take no considerations of the reports from the internal committee of Visva Bharati or even the UGC fact finding committee for that matter, as the Chairman of the “UGC fact finding committee” and the accused authorities seem to be the best of friends.
The forum thus demands for a separate 5 member enquiry committee to be headed by a sitting judge of the Supreme Court of India to be set-up within the next 72 hours. The committee members investigating should, as agreed upon unanimously by the forum members, should have the following characteristics:
a) The committee should be headed by a sitting judge of the Supreme Court of India
b) A Police officer not below rank of Inspector General of Police
c) CEO of the West Bengal Human Rights commission
d) Chairman of the National Council for Women and
e) A memberof the North East Students forum
Tend to the victim’s/girl’s plight
The student who had to endure the shock, trauma, sexual and physical assault, mental and psychological torture, and blackmailing not only needs justice, but also compensation for the horror she had to endure in the hands of the perpetrators and the Visva Bharati authorities. Hence, we your good office to:
a) Ensure that all the culprits are booked and that the investigating team be given the free hand to investigate on the matter without any further intervention from ‘unseen forces’.
b) Ensure the rustication and complete removal of the culprits from the roll list of Visva Bharati with immediate effect.
c) Set up a fast track court to try the culprits and bring them to book.
d) Ensure that the victim is suitably rehabilitated and all her emotional and material needs tended to and
e) Ensure that fitting compensation is granted to the victim and her family for the suffering, and mental and physical harassment they had to endure.
Negligence of the Authorities of Vishwabharati University Shantiniketan
a) Why was the university mum on such a grave matter for so long?
b) What did the Visva Bharati Committee Against Sexual Harassment actually investigate to summarily reject the allegations labeled by the girl?
c) Who were the teachers who decided that there were no offensive photos/videos in the mobile phones of the three accused?
d) Were they technically qualified to investigate the matter?
e) Did these teachers who gave clean-chit to the three accused even have the legal authority to do so?
Harassment of the parent and the victim by the Authorities.
a) Why was the victim who was traumatized to begin with made to wait for the Vice chancellor for more than two hours?
b) Why did the VC pressurize the girl and her father to back down and not pursue the matter? Why were the girl and her father not allowed to meet with anyone other than the Visva Bharati authorities?
c) While the Visva Bharati authorities interrogated the girl for over 5 hours, why did they only interrogate the accused three for only 15 minutes each?
d) Why did Visva Bharati authorities escort the girl and her father to the railway station using private vehicle and private security guards and deterred them from filing a police complaint and also talking to the media?
Send all the gadgets used by the perpetrators for forensic evaluation
a) We demand that the mobile phones of the three accused namely along with other electronic gadgets such as their cameras and laptops/computers used by the perpetrators have to be confiscated and sent for a forensic evaluation to Central Forensic Science Laboratory, Hyderabad to determine when the pictures were erased, or at best try to retrieve the lost data.
Actions to be taken against the Vice Chancellor and Visva Bharati Authorities
The Visva Bharati authorities led by the VC has were completely insensitive to the issue and were dismissive of the crime reported by her.
a) When asked as to why the VB had not filed a formal complaint with the police, the VC had the audacity to comment “She does not belong to my Family so the onus of filing a Police case is not on me”
b) When the aforesaid incident was reported by the victim, the VB authorities offered to pay her a sum of Rs. 1500/- asked they had the audacity to ask her to buy new clothes.
c) When the victim went to meet the authorities they took her from one committee to another on pretext of Interrogation but as far as the perpetrators are concerned they were roaming around free.
Given this, we have requested the Hon’ble President to kindly constitute an Independent Enquiry Committee with no ties to Visva Bharati or Bengal, exhibiting the following charectaristics:
a) The committee should be headed by a sitting judge of the Supreme Court of India
b) A Police officer not below rank of Inspector General of Police
c) CEO of the West Bengal Human Rights commission
d) Chairman of the National Council for Women and
e) A member of the North East Students forum
In order to determine the lapses on part of the Visva Bharati authorities, in particular the VC Sushant Duttgupta, Kala Bhawan Principal Sisir Sahana, and Sexual Harassment Committee Chairperson Mousumi Bhattacharya, and the Kala Bhawan Professors who gave clean chit to the three accused.
We have also requested that the committee should submit its report directly to the President of India, the Prime Minister of India, the Minister for HRD Govt of India, and the Chief Ministers of West Bengal and Sikkim
We have also pointed out that the Bolput police is yet to file a proper FIR against the three accused and we have thus requested that Charges should filled against the three accused from the Visva Bharati authorities side should include
a) Kidnapping,Abduction and forcible detention under Sections 359 and 360,362 and 363 of the Indian Penal Code
b) Assault or Criminal Force to a Woman with intent to Outrage her Modesty and with intention to Disrobe her Under Section 354354, 354A and 354B and 354C
c) Criminal Intimidation Under Section 503 & 506 of the Indian Penal Code
d) Wrongful Restraint and Wrongful Confinement Under Sections339-342and 347 of the Indian Penal Code
e) Assault or Criminal Force to Outrage the Modesty of a Woman along with Criminal Force Under Sections 354 and Sections 349 and 350
f) Kidnapping for Ransom and Confinement and trafficking Under Sections 364A and 365, 370 of the Indian Penal Code g. Criminal Conspiracy Under Sections 120A and 120B of the Indian Penal Code.
g) Criminal Conspiracy Under Sections 120A and 120B of the Indian Penal Code.
h) Acts done by several persons in furtherance of common intention Under Section 34 of the Indian Penal Code.
We are sincerely hopeful that the Hon’ble President will kindly look into our demands and ensire that justice is done to a girl who was not only robbed of her dignity, but also tortured – mentally, physically and psychologically.
We also reiterate that we have lost all hope of free, fair and impartial investigation from Visva Bharati authorities, and have thus appealed to the Hon’ble President – to kindly help us gain justice of our friend and sister.
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