Kendrapara: The National Human Rights Commission (NHRC) has sought a report from the Chief Secretary on the compensation paid under the Orissa Victim Compensation Scheme, 2017 and a detailed report on the medical and psychological condition of a tribal woman of Malkangiri district who was raped in full public view by a man from Chhattisgarh.
The video of the sexual act went viral on social media later.
The NHRC passed the order acting on a petition filed by Supreme Court lawyer and rights activist Radhakanta Tripathy.
One Adma Madkami raped a tribal woman by the roadside near MV-84 village in Malkangiri district August 9, 2017. The incident came to light after a video of it went viral on social media.
The tribal woman was returning from the market and fell unconscious by the roadside as she was drunk. Madkami raped her in full public view.
No counselling was given or compensation paid to the survivor, and circulation of the video was not stopped by the government machinery.
After a notice was issued a report dated October 9, 2017 was received from the Malkangiri SP containing the version of the Malkangiri PS IIC.
The report said that on August 9 from 8 am to 12 noon the intoxicated woman was lying by the side of the Padmagiri-Udupa Road. At around 11:30 am the accused Adma Madkami of Bafawada village of Chindgarh in the Sukuma district of Chhattisgarh raped the woman in spite of objections from passersby.
One Baikuntha Basu and Deepak Biswas of MV-84 village had strongly opposed Adma Madkami, but when he did not listen Baikuntha videographed the incident as proof. Then he showed the video to Babula Naik of Kanjeli in whose house Adma Madkami was working. Babula Naik took Adma Madkami from the spot. After that the video went viral.
After getting information and on the basis of the survivor’s report, Malkangiri Police registered a case.
Based on the report of SI Brundabati Tandi, a case under Section 292 was registered for making the video viral on social media. Adma Madkami was arrested August 12, 2017 and produced in court the following day.
Similarly a notice as per Section 41(A) of CrPC was issued to Baikuntha Basu. Both the cases are under investigation.
The allegation that circulation of the rape video was not stopped by the government machinery is totally false. The police acted promptly on the issue and the video was not allowed to spread.
The NHRC May 1 this year, examined the report and directed the Malkangiri SP to submit a status report on investigation into both the cases within six weeks.
Tripathy asked the NHRC that as the survivor was a tribal woman why SC/ST (PoA) Act has not been added, and whether compensation under the Act has been paid to her.
The NHRC received a report dated July 11 from the Malkangiri SP revealing that both the cases have been charge-sheeted and are pending trial.
The report said the provisions of SC/ST (PoA) Act were not invoked in the case as both the survivor and the accused were ST. No compensation has been paid to the survivor.
The Investigation Division suggested that the District Magistrate, Malkangiri, may be directed to pay compensation to the rape survivor under the Orissa Victim Compensation Scheme, 2017 and to ensure legal aid and psychological counselling to her.
As the dignity of the survivor has been violated, the NHRC directed that compensation, as admissible under the Orissa Victim Compensation Scheme, 2017 be paid to the tribal woman.
The NHRC directed the Chief Secretary of Orissa to submit a compliance report along with the proof of payment within four weeks.
The District Magistrate of Malkangiri was directed to provide legal aid and psychological counselling to the rape survivor, and to submit a report on that to the Commission within four weeks.
PNN
