‘We are army personnel and you are a civilian, nothing will happen to us’

Interviews and documents with Newslaundry detail a disabled woman’s three-year ordeal at the hands of the Army, from rape to lack of action taken.

WrittenBy:Prateek Goyal
Date:
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A deaf and mute woman was allegedly repeatedly raped and harassed by four Army jawans between 2015 and 2017 at Military Hospital, Kirkee, in Pune. The jawans also blackmailed her after taking photos of her. However, the Army turned a blind eye to the incident despite the woman making repeated complaints—her first verbal complaint was immediately after the first time she was raped in January 2015—about her ordeal to Army authorities. But no action was taken against the accused persons—she was only told the Army was conducting an inquiry.

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On Tuesday, after the woman took the help of an Indore-based NGO, an FIR was filed against the four jawans.

The 34-year-old differently-abled woman works as a ward assistant at Military Hospital, Kirkee. According to the FIR registered at Khadki police station with the help of a sign language interpreter, the woman joined the hospital on July 7, 2014, under the differently-abled quota.

She states in the FIR: “In the hospital, we used to work in three different shifts of first, second and third (7.30 am to 2 pm, 2 pm to 7.30 pm, and 7.30 pm to 7.30 am) which used to keep changing. Around five to six months after my joining, in the month of January 2015, I was working on the night shift in my ward and was waiting outside the washroom for a lady patient. The time was around 11 pm and Haroon Rashid (rank: Naik), the wardmaster of a different ward, came to me and forcefully dragged me inside another bathroom. He forcefully stripped me and then raped me. I couldn’t cry for help as I am deaf and mute. After coming out of the bathroom I went to the ward in-charge and others and tried to explain the incident using sign language but unfortunately, they couldn’t understand me.

“A day later, I approached nursing assistant Mohammad Muthazim, who was a friend of Haroon Rashid, and tried to inform him about the incident. He gave me his mobile number.” The woman sent Muthazim a message about how she had been raped by Haroon. “Muthazim messaged me saying he is going to help me and asked me to meet him at the hospital in the evening; he also said he is going to call Haroon there.”

The woman met Muthazim and Haroon at an old family ward at 10 pm. “Muthazim told me, ‘We are army personnel and you are a civilian, nothing will happen to us but [you] can lose your job. We will give you abortion pills and it’s better [that] you keep your mouth shut.’” At about 11 pm, Muthazim threatened to show the messages she had sent to him about her rape to everyone else unless she kept quiet. “He forcefully took me inside the washroom there and raped me. I was frightened and afraid that I will lose my job and didn’t tell anyone about it at that time. However, two days later, Muthazim came and raped me again inside a bathroom after threatening to circulate the messages. After raping me for the second time, he continued texting me but I stopped talking to him.”

According to the FIR, after being raped by Muthazim, the woman was again raped by two other jawans a few months later. The FIR says: “Around six months later, somewhere in the month of June 2015, I was assigned duty at ICU JRC Ward and was working on the night shift along with another ward assistant, Ravindra Singh. While I was engaged in work,  Singh came near me and then forcefully hugged and kissed me. He took out his mobile and showed me my photo. He told me he has proof against me and will tell about it [sic] to my husband, family and other hospital staff. When I came for duty again he threatened to circulate my photos and raped me. For the next 15 days, he continued raping me after threatening to circulate my videos. I even tried to inform about his acts to hospital staff but was unable to explain to them.”

The woman’s husband passed away in February 2017.

It is significant to note that Muthazim allegedly raped her after threatening to circulate her messages in which she told him about her rape by Haroon, whereas Singh first took her photo—while he forcefully hugged and kissed her—and then started blackmailing her. Singh also took nude photos of her when he raped her and continued raping her on the basis of that blackmail for 15 days.

The FIR says that 15 days later, the victim was assigned the morning shift at the pediatric ward, where she was molested by a jawan who worked in the pantry. The jawan was identified as Ahirwal. It states, “When I used to go to the pantry to take tea, Ahirwal used to grab my hand and touch my private parts. I reported his acts to the senior staff using sign language, who in turn reported it to the senior registrar who then gave [him] a punishment to carry luggage in the hospital for 15 days. However, he didn’t mend his ways and continued molesting me on different occasions even after that.”

The victim reported the matter to her senior authorities at Military Hospital, Kirkee, in writing on a number of occasions—including to Lt Colonel Elsamma, Lt Colonel Geeta and Colonel Sobha Rani—but no action was taken against the concerned Army jawans.

According to the documents accessed by Newslaundry, a complaint letter written by the victim dated January 25, 2017, states that she had been sexually abused by the Army jawans and due to her inability to speak, nobody understood her ordeal. In the past as well she had reported the sexual abuses but no one took her complaints seriously. She also said her husband—who died the following month—was deaf and mute and as she was unable to drive a vehicle, it was difficult for her to come for the night shift.  She said in the letter that she should be assigned duty in those wards which have at least one woman assistant.

On May 17, 2018, the victim again made a complaint about the sexual abuse and asked that she be assigned day duty. In response, she received a letter dated May 18, 2018, written by a colonel rank officer who was the senior registrar at the hospital. The letter, which was accessed by Newslaundry, states: “It’s been advised to you that if you have a complaint against any person you should present his name with all evidences to the administration which will investigate the matter and will take appropriate action. We would also like to inform you that [the] hospital does have other differently abled staff which is treated at par with normal staff. Hospital also does have a committee which looks after the harassment meted out to women where you can register a complaint and resolve your matter. While considering your family problems in the complaint made by you we are removing you from the night shift on temporary basis and will assign  you the duty on morning and afternoon shift.”

In June, after not receiving a proper response to her complaint of sexual abuse, the woman contacted an Indore-based NGO, Anand Service Society, which works for the deaf and mute. She managed to contact them through Facebook and told them about her ordeal using sign language during a video call.

Monica Purohit, who runs Anand Service Society with her husband Gyanendra Purohit, told Newslaundry that the victim would initially send messages on Facebook through the profile of her deceased husband. “She used to tell me on chats, ‘Can you help me, I am facing a big problem in the Army’. Initially, I was confused and even scolded her as we receive lots of trivial complaints and I was not able to understand whether she was a man or a woman as she was using the Facebook account of her husband. After chatting for a few days, she made a video call and then I realised she is a woman. I exchanged numbers with her and spoke to her on video call using sign language. During our conversation, she told me about the rape.”

Purohit told Newslaundry, “It is very difficult for a deaf and mute person to explain her ordeal. In her previous complaint to the authorities, she only wrote about sexual harassment as she didn’t know how to explain in detail. But when she told us about it, we reported the whole matter to the commandant.”

Gyanendra Purohit also spoke to the victim and then approached the office of Brigadier CM Shreedhar, the commandant of the military hospital. The victim handed over her written complaint—which detailed her rape and molestation by the four Army men—to the commandant.

Gyanendra Purohit said, “I reached Pune on July 5 and reported the matter to the commandant who assured me of conducting an internal inquiry. He told me the Army will ensure that the woman gets justice. However, a month later, we again started receiving calls from the victim. She told us that during the inquiry, it was she who was blamed. Her interpreter asked her if they [the jawans] were forcing themselves on her, then why she allowed them to do so, and asked her to forget the matter.”

The commandant conducted a court of inquiry only after the Purohits complained to him. No action has been taken against the concerned jawans

Later, the victim asked the Purohits to approach higher authorities. They wrote an email to Army Chief Bipin Rawat and Defence Minister Nirmala Sitharaman on August 6. On August 16, they received a reply saying, “ Thanks for your email. For future reference, you may quote ID No 66666 (number changed to protect the victim’s identity) for your query.”

After the email complaint, Gyanendra Purohit received a letter dated August 16, 2018, from Colonel Sobha Rani, senior registrar at Military Hospital, Kirkee. The letter states, “The internal complaints committee of this hospital was directed to carry out an internal assessment of the complaint. Meanwhile, this hospital also approached headquarters southern command (Judge Advocate General branch) for expert guidance regarding further course of action in this case. Based on departmental guidance the victim is required to lodge an FIR in a local police station against army personnel as mentioned in her application which has been communicated to the complainant. The complainant was advised to lodge an FIR if she wants to continue the case.”

In October, the victim received a letter from the Director General of Medical Services (Army). The letter, dated September 27, 2018, with the subject ‘disposal of complaint/petition’ states, “It is intimated that your representation is under investigation by appropriate competent authorities. Final outcome of the same shall be intimated on finalisation of the subject matter.”

Newslaundry spoke to the woman through a video call. With the assistance of a sign language interpreter, she said, “After receiving the letter—saying that in order to continue the case, I have to file the FIR—I have been mocked by my superiors at the hospital. They used to mock me by asking, in a degrading manner, whether I have filed the FIR, asking why I hadn’t filed an FIR if I have been raped. In the last four years, I have reported my ordeal many times but no one in the hospital came to my rescue.”

The woman said that during the inquiry, “The committee used to ask me to speak and not talk in sign language. I am mute and deaf—how can I speak? They called an interpreter who was unable to understand me properly and used to ask me why I’ve reported the incident so late. I have reported my ordeal many times, but the staff and seniors were unable to understand me. Even during the inquiry, only two of the Army men came there.”

On Monday, October 15, the victim went to Indore to file her complaint and was assisted by the Purohits. Harinarayanchari Mishra, the DIG of Indore police, took cognizance of the matter. However, he advised the victim to first approach the Pune police. If the Pune police did not register her complaint, the Indore DIG would file a zero FIR and will take appropriate action.

As it turned out, though, on Tuesday the victim went to the Khadki police station where an FIR was registered against the four accused—Haroon Rasheed, Mohammad Muthajhim, Ravindra Singh and Ahirwal. The police registered the case under Sections 376 ( rape) and 354 (assault or criminal force to woman with intent to outrage her modesty) of the Indian Penal Code

When Newslaundry contacted Brigadier CM Shreedhar, commandant of Military Hospital, Kirkee, he said, “The inquiry is under process and we cannot discharge the four men just on the basis of allegations.”

Army PRO Colonel Aman Anand said, “I don’t have much details on the matter, but as the matter has been investigated and if no action has been taken then there could be only one reason for that and that is they have found the complaint to be incorrect.”

Rajendra Mohite, police inspector, Khadki police station, said, “We have asked for the court of inquiry papers and have started our investigation. We cannot interrogate them till we have permission from the Army. Once their inquiry gets over then we will take appropriate action.”

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