By TwoCircles.net Staff Reporter,
Malapuram: A 23 year old woman reportedly died in police custody in Kerala in March. According to the Asian Human Rights Commission, the police took the victim Hanisha, into illegal custody on 23rd March 2014. The police did not record the arrest and detained the woman at the police station, and on the next day, reported that Hanisha committed suicide inside the police station.
It has been alleged that police officers tried to sexually abuse Hanisha whilst in custody and that she fell unconscious during this sexual assault. The police officers, fearing that Hanisha has died, hung her on a ceiling fan inside the police station and in fact Hanisha died due to the hanging.
The State government has suspended some of the police officers involved in the incident. However, it is feared that the officers will tamper with the evidence and that there would not be an independent investigation in the case and therefore the perpetrator police officers will go unpunished.
CASE NARRATIVE:
Hanisha, worked as a cleaning assistant at a private hospital in a place called Kottakkal in Malapuram District of Kerala State. On the morning of 23rd April 2014, the police arrested Hanisha, while she was on her way to work. The police alleged that they arrested Hanisha on suspicion of her involvement in a pickpocketing case. Police arrested Hanisha, at Kottakal.
The police reportedly questioned Hanisha, initially at the Changaramkulam Police Station. Later, the police took Hanisha to two jewelers at a nearby place called Edappal from where the jewelers have alleged that the police threatened them and seized 8.5 sovereigns of gold. At about 5 p.m. the police brought Hanisha back to the Changaramkulam Police Station.
Meanwhile, Hanisha contacted her mother, Ms. Subaidha, over the phone and informed her that she is in police custody. Subaidha, immediately went to the police station along with Hanisha’s brother and met Hanisha at the police station. Subaidha, and Hanisha’s brother remained at the police station till 9.30 p.m.
Subaidha informs that at the time, the police had kept Hanisha inside the police station, in a locked room with an iron grill instead of walls but not inside the police lockup cell. Subaidha requested the women police constables who were present at the station to release her daughter but they refused.
On the same day at about 11 p.m. Hanisha contacted Subaidha again over the phone and informed her mother that the police had not given any food to her so far. Subaidha claims that on the next day at 6 a.m. when Subaidha tried to contact Hanisha the phone was not answered.
It is reported that the police had arrested Hanisha on several occasions in the past. Details of the reason why Hanisha was repeatedly arrested by the police is not yet known. It is alleged that Hanisha had acquaintances with several police officers in the locality. It is also alleged that some of them have been sexually abusing Hanisha.
Some police constables stationed at the Changaramkulam Police Station has informed the senior police officer who is investigating Hanisha’s murder, that on the 23rd night, the female police constable Ms. Rathika stationed at the Changarankulam police station, instead of remaining at the police station on duty had gone home at the night and only returned the next day morning. It is also reported that, during this time Sub-Inspector of Police, Mr. Manoharan, visited the Changarankulam Police Station.
It is alleged that Manoharan approached Hanisha on the excuse of questioning her at night and tried to rape, which Hanisha vehemently refused and tried to fight off. It is also reported that Hanisha, threatened Manoharan that she would file a complaint of sexual harassment if Manoharan.
Police constables at Changaramkulam Police Station have reportedly informed the investigating officer that Hanisha fell unconscious when Manoharan tried to silence Hanisha. Fearing Hanisha was dead, Manoharan with the help of other police constables have hung Hanisha from a ceiling fan. This they did to claim that Hanisha has committed suicide. Unfortunately, however, Hanisha was killed when the officers hung her from the ceiling fan from the impact of the hanging and not before as claimed by the police officers.
Changarankulam Police Station is notorious for custodial violence. In a previous incident, on the 26th January 2014, one Mr. Mohanan had visited the police station to mediate a boundary dispute. The police had brutally tortured Mohanan inside the police station and detained him over night at the police station, even though there was no case against him. The next day, after Mohanan went home he complained to his family that the police had brutally tortured him at the police station. Subsequently on 28th January, Mohanan succumbed to his internal injuries that he suffered from torture at the hands of the police. Despite complaints from Mohanans’s relatives the police have failed to initiate a case against this incident and nothing further had happened in this regard.
The station house officer, in charge of the Changaramkulam Police Station and Manoharan the Sub-Inspector of Police from the Kuttipuram Police Station have not explained why Hanisha was taken into illegal custody; why her arrest, detention and the seizure of the gold articles were not recorded and under what authority has the sub inspector from another police station tried to meet a detainee held at a police station outside his jurisdiction, in the excuse of questioning her. All these are not only, serious violations of procedural formalities but are also offences that need to be investigated and prosecuted.
The police have not released to the family the autopsy report relating to Hanisha’s death. The report should ideally state the reason for Hanisha’s death. If the family has any objection to the initial findings of the forensic surgeon they should be given an opportunity to request a subsequent autopsy by a medical professional of their choice. Such an autopsy should be undertaken at state expense. The police failed to provide such an opportunity in order to prevent the true cause of the crimes the officers have committed from being exposed.
Asian Human Rights Commission has demanded that a judicial Magistrate must be authorized to monitor the progress of the investigation as otherwise the state police will not investigate this case properly.
The AHRC has also written a separate letter to the UN Special Rapporteur, on extra judicial, summary and arbitrary execution calling for intervention in this case.