To,

The Commissioner of Police

Gurgaon, Haryana

 

Dear Sir.

We, Gorkha Youth and Students’ Association (GYASA), a Gorkha civil body would like to request your intervention and take action against Shailender Singh Chauhan for assaulting a Gorkha daughter in public and threatening her family (FIR NO: 276). We know that your intervention will enable her to get justice from those who think they are stronger than the system. I believe that our desperate cry to you for help will be heard and you will assist us in our fight for justice against the culprit.

On 30th of May, 2015 (Saturday), a Gorkha girl (aged 21 years) was leaving her workplace at Ambience Mall, Gurgaon for home around 9:15 PM in the evening. The following is her ordeal as she narrates “I was negotiating fare with the auto driver, a person held my hair from behind and smashed me on the face three times. I blacked out for a moment and started running towards gate number 2 crying for help from the security personnel there. As I was running, he caught hold of my hair and slapped me hard. He then started   abusing my family and me  and threatened to throw acid to spoil my face. He said ‘TERA CHEHERA BIGAAD DUNGA…BAHUT GHAMAND HAI NA TUJHEY APNEY CHEHERE PAR’. No one in the vicinity came forward to help me until a lady stopped her car and came to my assistance. The first thing that struck me was to rush back to my office and call my colleagues for help. By the time the staff from my workplace came out, Shailender Singh Chauhan had fled from the scene.

Accompanied by some of my colleagues, I immediately went to the DLF PHASE II police station to report the incident. The police personnel stationed there told me that I could not file the FIR at the same day because there was no lady officer on duty to handle a woman’s issues. I was asked to write a complaint that day and file a detailed FIR only the next day. As I was writing the complaint in English, the police official specifically told me to write it in Hindi and only mention the incident that had happened that night. I informed the police the person has been stalking me for quite some time and wanted to mention that also in the complaint, but I was told to stick with the incident that happened only that night. I would also want to inform you that I am not very fluent in Hindi and cannot express or write in Hindi as comfortably as in English. Since I was told to write the complaint in Hindi, my colleagues wrote the complaint for me and submitted it to the police personnel. I was informed that a lady police officer would call me the next day and I would have to come to the police station to file the detailed FIR.

The next day, when I did not get the call from the police station, I was worried and scared and called the NE Helpline (1093) to report the assault incident. After that, around 7:00 PM in the evening (Sunday), a lady police officer visited my place and within few minutes the FIR (number 276) was lodged. However, the FIR that was lodged was filed based on the written complaint I had submitted earlier and explained the incident in only 3 lines. The detailed history of my case was not recorded anywhere in the FIR. The three line report on the incident did not reflect the gravity of the situation and nowhere was the term ‘Stalking’ mentioned in the FIR. It was only after we reached out to a magistrate that our supplementary letter regarding the stalking case,  section 354D was invoked in the case. Just to bring it to your notice that we still have not received a copy of the updated FIR. When we went to check with the SHO, he informed us that the updated FIR will not be provided and the section will be included while making chargesheet for the case.

The man had been following me for the past several months. When I was posted at my company’s branch in Galleria market, I would often notice this man staring at me from outside the store. Soon he started visiting our store and trying to strike a conversation with me. The way he used to talk to me seemed dangerous and I used to feel scared. When I was transferred to our store in Ambience Mall, he followed me there as well. I was scared to death and was sure he was stalking  me when he came to another branch where I was sent for a day. He would refuse when other staff attended him at the store and insisted that I attend him. I felt very uncomfortable and had shared my problems with all of my colleagues. Finally, one day ,at the store I politely enquired him as to why he was following me. He got angry and abused me.  He  told that he would continue to stalk me and I was free  to complain to  anyone about it (we have CCTV camera footage of the incident where his body language clearly shows how rude he was behaving). Worried about my safety, I had also written an email to the HR department of  the company after which my manager called him up and spoke regarding the issue (We have an audio recording of the conversation). He apologized to my manager and said he would not repeat or come to the store again in the future.

Nothing happened after that and I was returning to normalcy. Suddenly after about 25 days, he accosted and assaulted me on 30th May 2015. He was arrested and sent to a lock-up for 4 days, but was released on bail on the 5th day. When I protested against the bail in the court, the judge asked me ‘AB KYA KAROON, FAANSI DE DU?

Now that he is out of the jail, I fear for my families and my safety. The guy had been stalking me for so many months that I am sure he even knows where my family members live. Now, I am currently putting up with friends in Delhi for fear of safety. I am shocked at the insensitivity and apathy of the system on this case. It looks like the society will only act when we have another Nirbhaya or Lakshmi. How many more deaths and attacks do we need to take note of such crimes? I do not see any reason for the person to be on bail except for the society waiting for another life wasted and people coming out on roads to protest. This person out on bail is a threat not just to me, but for the entire society as well. Today, it’s me and it could be any other girl tomorrow. How long should the wait be?”

Sir, we appeal to you knowing that you had taken the oath to protect the voiceless and powerless. We cry to you because we trust in your willingness, disposition and capacity to give justice to the oppressed. Our confidence on the police and the judiciary remains high, knowing that the truth and justice cannot be bought or manipulated by the few rich and the powerful. We pray to you that you use your good office to stand by us while we fight for our rights and justice. We are sure your actions would be an example to everyone who thinks a woman’s dignity is their plaything.

Thank you very much for your anticipated speedy intervention in this matter.

 Copy to:

Home Minister, India

National Commission for Women (NCW)

National Human Rights Commission (NHRC)

Chief Justice, Haryana

Chief Minister, Haryana

Robin Hibu, JCP (North East Nodal Officer, Delhi)

 

Very sincerely,

Gorkha Youth And Students' Association (GYASA)