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Arunachal child home refuses court order to send rape survivor to kin of accused
Child rights experts have alleged mishandling of the sensitive case involving a minor’s sexual exploitation.
A childcare home in Arunachal Pradesh has politely refused to comply with a local court’s June 4 order to hand over a minor rape survivor to a relative of the accused, claiming it will further traumatise her. The childcare home has instead requested the court to appoint a neutral person as the guardian of the minor, whose rescue after years of sexual exploitation is mired in allegations of mishandling of the case.
The 14-year-old Nepali citizen was trafficked to India many years ago and allegedly raped repeatedly by a government employee, at whose residence she worked as a domestic help.
She somehow fled from his residence located in Roing of Lower Dibang Valley district in March this year, following which the accused was jailed and the matter reached the court. The court’s ruling on her custody has however left the childcare center protesting.
“On June 4, a session court at Tezu in Lohit district asked us to hand over the child, who has been with us since March this year, to her local guardian, who is the sister-in-law of the accused. The child is already traumatized by her ordeal and handing her over to a relative of the accused, who is out on bail, could hurt her further,” said Desai Linggi, chairperson, Nani Maria Children Home (NMCH).
Noting the non-compliance, the court issued a notice to NMCH on June 23 and asked them to appear in person on the next date of hearing in the case on June 29. Lingi pointed out that the accused was currently out on bail and there was a genuine need to appoint a “neutral” local guardian.
“Since we were not shown any documents to verify the identity of the local guardian and also because she, [the local guardian named by the child’s father] was the sister-in-law of the accused, we have not complied with the order and instead asked the court to appoint another local guardian who isn’t related to the accused,” she added.
Child rights experts have alleged mishandling of the sensitive case and pointed out that the accused was currently on bail and had contacted the daycare centre urging them to hand over the child to him so that she could be sent back to Nepal. Not just that, he was also playing host to the father of the survivor, who had arrived from Nepal after his daughter’s suffering came to light in March following her escape.
The brother of the accused, his sister-in-law and the minor girl’s father have also been visiting the child at the childcare home. During her counselling sessions at NMCH, the child reportedly said that she doesn’t want to go with her father or the local guardian.
NMCH officials also alleged that the minor survivor’s statement was recorded in the court of the local chief judicial magistrate in absence of her confidante as is required under the Juvenile Justice (Care and Protection of Children) Act, 2015.
Recent developments and alleged mishandling of the case has led the Arunachal Pradesh State Commission for Protection of Child Rights (APSCPCR) to send a team from Itanagar to Roing to probe the entire matter.
“We have learnt that the norms required to be followed while recording the statement of a child by a magistrate were not followed. This is wrong,” said Gurmi Ringu, chairperson of APSCPCR.
The child was working at the house of the accused for a sum of ₹1,500 per month, which was supposedly being sent to her parents in Nepal, claimed NMCH officials.
According to NMCH officials, the rape survivor managed to escape two years ago and sought shelter in a house few kilometres away but the family returned her to the accused. She again managed to escape in March this year and took shelter in another house.
After she disclosed her ordeal to the family, the matter reached the district child welfare committee, which decided to place her in the childcare centre, and lodged a case against the accused. A medical examination then revealed that the child, between 12-15 years of age, had been raped.
