Rape survivors of post-poll violence in West Bengal move Supreme Court

By LE Staff

New Delhi, June 14, 2021: Several women, including a minor girl, have moved the Supreme Court alleging that they are survivors of gang-rape that took place during the violence in West Bengal after the recently held assembly elections, and have sought a detailed probe into the incidents.

As the Supreme Court is hearing petitions seeking an SIT probe into the post-poll violence in West Bengal, several intervention pleas have been moved by women who were allegedly attacked and gang-raped by workers of the ruling TMC.

In their pleas before the Supreme Court, these women cited the pro-active action taken by the Supreme Court in the post-Godhra communal clashes in Gujarat and have sought a court-monitored investigation into their cases by the CBI or a SIT and

Three separate applications have been filed in the Supreme Court seeking a SIT probe into sexual violence in the state. One of the applicants, a 60-year-old woman, revealed horrific details in her application.

In her plea, the septuagenarian woman has alleged that on the intervening night of May 4-5, she was gang-raped in front of her six-year-old grandson while her daughter-in-law was beaten up following which her house was robbed of all valuables. The woman claimed that after the horrific attack, which took place “in retaliation” against her family members who supported a different political party, the police initially refused to register an FIR.

She alleged that while historically there have been instances of “rape being employed to terrorise the enemy civilian population” during a war, it was being used in the state to “punish” those who support the party not in power.

Another plea has been filed by a 17-year-old girl who is a member of the Scheduled Caste community. The minor alleges that she and her friends were attacked, after which she was raped by a group of men on May 9. She claimed that she was attacked since her father belonged to a rival political party. She, too, alleged police inaction and added that she was pressured to take back the FIR. The application alleged that local TMC leaders threatened her family.

In her plea before the Supreme Court, the teenager alleged that she was sent to a child welfare home and wasn’t allowed to meet her family. Similar allegations were raised in a plea by a 19-year-old woman.

The victims have also claimed that the police and law enforcement agencies in the state “instead of conducting a fair investigation and sympathising with the victims”, are in fact “trying to shield powerful accused persons”. They claim that the police had “tried to dismiss the heinous attacks as small and sporadic incidents”.

All applications by the alleged victims of sexual violence were filed in an ongoing PIL over violence in the state, filed by the families of BJP workers who were allegedly murdered during political clashes. The petitions sought transfer of the investigation in their cases to a Special Investigation Team and for the trial to be held outside of the state.

On May 25, the SC had issued a notice to the West Bengal government, NHRC, NCPCR, NCW, and the Centre, on a similar plea regarding the violence in the state during and after the elections.

The Bengal government had on May 25 informed the court that a five-judge bench of the Calcutta High Court had already taken cognisance of the issue, and was hearing the pleas for the SIT investigation. The state government has claimed that FIRs have been registered and arrests have been made in the cases.

However, the National Human Rights Commission had informed the court that an “internal report” had been filed by its committee, which indicated that there were serious violations of human rights.

The matter is expected to be heard by the court on Tuesday.