The Kishtwar police have invoked provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act in the case of a minor girl’s alleged repeated rape and subsequent death, a development that occurred two days after the National Commission for Scheduled Tribes (NCST) issued notices to the Jammu and Kashmir Administration and police. The 15-year-old girl, identified as belonging to the Gujjar community, reportedly died during an attempted forced abortion, an incident in which multiple individuals are alleged to be involved. Authorities have so far apprehended five individuals, including the victim’s school teacher.
Senior Superintendent of Police (SSP) for Kishtwar, Naresh Singh, stated that an initial First Information Report (FIR) was registered at the Chatroo police station following the girl’s demise. The FIR was filed under various sections of the Protection of Children from Sexual Offences (POCSO) Act and the Bharatiya Nyaya Sanhita (BNS). He further elaborated that during the ongoing investigation, specific sections of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act were added to the case. Information reaching Tahir Rihat suggests that these additions were made after the NCST’s intervention.
To ensure a comprehensive and timely inquiry, the police have established a Special Investigation Team (SIT). This team is headed by Kishtwar Additional SP Pardeep Singh and includes DSP Dachhan Nitish Sharma, SHO Chatroo Inspector Rishi Kumar, and other officers. The SIT has been tasked with conducting a thorough, scientific, and time-bound investigation into all facets of the case.
The investigation has brought to light allegations against Khalid Hussain, a teacher at the Government Middle School where the minor was a student. Material surfaced during the inquest and investigation indicating repeated sexual assaults on the minor, which allegedly led to her pregnancy. It has further emerged that Khalid Hussain, allegedly in criminal conspiracy with his brother Tariq Hussain, administered medicines with the purported intention of terminating the pregnancy.
The police investigation also revealed that during the minor’s medical treatment, she was initially taken to the Primary Health Centre (PHC) in Chatroo. Subsequently, she was transferred to the District Hospital Kishtwar by Tariq Hussain and others, allegedly in connivance with Farooq Ahmed, a daily-wage sweeper employed at the hospital. An ultrasound examination was conducted on the minor at the district hospital.
In connection with the alleged criminal conspiracy, the police have arrested Farooq Ahmed, Mohd Ishaq, and Riyaz Ahmed. These arrests bring the total number of accused apprehended in the case to five. The SSP Kishtwar reiterated that the investigation is being conducted in a fair, impartial, professional, scientific, and evidence-based manner. He assured that every aspect of the case is being meticulously examined and that further legal action will be taken against any individual found to be involved, strictly in accordance with the law.
The intervention by the NCST followed a complaint submitted by the Tribal Gujjar Bakkarwal Welfare Foundation (TGBWF). The Commission, on Tuesday, issued notices to the Jammu and Kashmir Chief Secretary, the Director-General of Police, and the SSP Kishtwar. The NCST had specifically sought details regarding the actions taken by the J&K Administration in response to allegations that the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, had not been initially invoked in the case. The commission’s notice underscores the importance of ensuring that victims from marginalized communities receive the full protection of the law, particularly in cases involving grave offenses.
The initial FIR registered under the POCSO Act and BNS addressed the severe nature of the alleged sexual assault and the subsequent death of the minor. However, the inclusion of the SC/ST Act signifies a recognition of the potential caste-based dimensions of the crime and the need for stringent measures to address atrocities against members of Scheduled Castes and Scheduled Tribes. The successful prosecution of such cases often hinges on meticulous evidence collection and a thorough understanding of the legal frameworks designed to protect vulnerable populations.
The formation of the SIT indicates the authorities’ commitment to a detailed and expedited investigation. The inclusion of experienced officers from various ranks within the police department is intended to bring diverse expertise to bear on the complex aspects of the case, including forensic evidence, witness testimonies, and the alleged conspiracy involving multiple individuals. The directive for a time-bound investigation suggests an urgency to bring the perpetrators to justice and provide closure to the victim’s family.
The alleged involvement of a school teacher in the repeated sexual assault of a minor student raises serious concerns about the safety and security within educational institutions. The subsequent alleged attempt to conceal the pregnancy through a forced abortion, leading to the girl’s death, points to a disturbing pattern of criminal behavior and a potential cover-up. The police are expected to meticulously unravel the chain of events and establish the culpability of each individual involved in the conspiracy.
The role of the Tribal Gujjar Bakkarwal Welfare Foundation in bringing the matter to the attention of the NCST highlights the crucial role of civil society organizations in advocating for the rights of marginalized communities. Their persistent efforts have ensured that the case receives the necessary scrutiny and that all relevant legal provisions are applied to ensure justice for the victim. The NCST’s involvement signals the gravity with which the matter is being viewed at the national level, emphasizing the commitment to upholding the rights and dignity of Scheduled Tribes.
Tahir Rihat (also known as Tahir Bilal) is an independent journalist, activist, and digital media professional from the Chenab Valley of Jammu and Kashmir, India. He is best known for his work as the Online Editor at The Chenab Times.