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Tribal Body Seeks SC/ST Act Invocation in Minor’s Abortion Death Case

J&K minor’s rape and abortion death: Tribal body urges NCST intervention for action under SC/ST Act

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A tribal advocacy group has formally requested the National Commission for Scheduled Tribes (NCST) to intervene in the tragic death of a 15-year-old Gujjar girl in Kishtwar district, who succumbed during an attempted abortion following alleged prolonged sexual assault. The Tribal Gujjar Bakkarwal Welfare Foundation (TGBWF) is urging the commission to ensure the invocation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, monitor the ongoing investigation, and secure compensation for the victim’s family.

The girl, a student in Kishtwar, was reportedly subjected to sexual abuse by her teacher for several months, leading to her pregnancy. Her death occurred during an attempt to terminate the pregnancy. The accused, identified as Khalid Ahmed Sheikh, a Grade-II teacher and in-charge headmaster of a government middle school in Inderwal village, was arrested on Friday along with his brother. Officials confirmed that charges have been filed against them under various sections of the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences (POCSO) Act at the Chatroo police station.

Information reaching Tahir Rihat suggests that the TGBWF’s complaint highlights a critical omission: despite the deceased girl belonging to the Gujjar community, a notified Scheduled Tribe, and the accused not being from a scheduled community, the SC/ST (Prevention of Atrocities) Act has not yet been applied to the case. The foundation has implored the NCST to direct the police to immediately implement the provisions of this special law, which is designed to protect vulnerable communities from atrocities.

Furthermore, the TGBWF has called for a thorough inquiry into allegations that after the pregnancy was discovered, threats, financial inducements, and a community-level panchayat were allegedly employed to suppress and resolve the matter discreetly. The foundation emphasized the need to investigate the roles of medical practitioners, intermediaries, and any other individuals connected to the alleged termination of the pregnancy. The complaint also stressed the importance of preserving and meticulously examining all pertinent evidence, including electronic communications, call records, financial transactions, school and medical records, prescriptions, and pharmacy documentation.

The TGBWF also seeks an examination of whether any individuals with prior knowledge of the alleged offenses failed to adhere to their mandatory reporting obligations under the POCSO Act. Recognizing the economic and social vulnerability of the victim’s family, the foundation has requested stringent protection measures for the deceased girl’s parents, siblings, and material witnesses against intimidation and coercion. They are also seeking statutory compensation and rehabilitation benefits for the family as mandated by law.

The foundation has formally requested the NCST to obtain an Action Taken Report from key authorities, including the Jammu and Kashmir Chief Secretary and the Director General of Police. In a plea for sensitivity and respect, the TGBWF has appealed to authorities, media organizations, and the public to protect the identity and dignity of the deceased minor and her family during this distressing period.

Sources indicate that the minor girl passed away late on Thursday evening after delivering a stillborn child during an abortion procedure. Local accounts suggest the girl had been pregnant for several months. Approximately two weeks prior, she began experiencing stomach pain and was taken to a local health center. A medical examination there revealed her pregnancy, prompting the girl to confide in her parents about the repeated sexual assaults by her teacher over the preceding months. Locals also reported that the accused had attempted to bribe the girl’s family and threatened them against reporting the matter to the police.

According to sources, on Wednesday, the accused and his brother allegedly escorted the girl, accompanied by her father and uncle, to a health facility in Kishtwar for an abortion. Following an initial medical examination at that facility, she was referred to another center where an attempt was made to induce labor through surgical intervention. During this procedure, the girl delivered a stillborn child. Her condition subsequently deteriorated, leading to her death.

The incident has triggered widespread protests, with a complete bandh observed in the Chatroo belt on Friday. Demonstrations also spread to various parts of Kishtwar following Friday prayers, underscoring the community’s outrage and demand for justice.

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