Mr. Anil Kumar Yadav, an 18-year-old, has been tortured due to his love affair with a girl. The act of torture was committed on 18 October 2014 in Saptari District, Nepal. The victim had been preparing to go to Malaysia as a migrant worker on 20 October 2014. Due to his critical condition, he has not been able to proceed to Malaysia for work.
Anil has had an affair with Ms. Nirmala Yadav, aged 16, for the past year. He is a resident of ward No. 9, Ferset VDC, Saptari District, and the girl resides in ward No. 1, Varuwa VDC, Saptari District.
On 18 October, at around 11 a.m., Mr. Birendra Yadav, Nirmala’s father, called Anil by telephone and requested him to come over to his house. Anil reached their house in Ward 9; at around 11:30 a.m. Birendra Yadav, his brother Mushaharu Yadav, and Birendra’s elder son Krishna Mohan Yadav grabbed Anil and tied his hands and legs by a rope. They tied Anil to a Coconut tree located in front of their house.
Birendra cut Anil’s hair from four sides, randomly; this is something known as charpata mundan in Nepal. Charpata Mundan is often carried out in Nepal to further degrade a thief or an outcaste as social punishment. Mushaharu then proceeded to nail a 4-inch nail through Anil’s right leg. After this, Anil was randomly beaten with a wooden stick by these male members of Nirmala’s family on his head and all over his body. The torture did not stop there. They even poked a needle syringe into his eye. Anil was tortured non-stop for 3 hours.
The girl’s family threatened Anil not to continue his relationship with Nirmala, and left him there in a precarious physical state. When Anil’s family came to know about this incident, they took Anil to Rajbiraj Zonal Hospital in Saptari. But, due to the nature of his injuries, the same day, he was referred to the B.P. Koirala Institute of Health Sciences Hospital located at Biratnagar, Morang District.
AHRC-UAC-139-2014-02.jpgThe ferocity of the attack and torture have left Anil with a 2 inch long gash on his head, injury to his foot and his eye, and black and blue marks riddled all over his body. At present, Anil is in hospital, drifting in and out of consciousness. When he regains consciousness he is gripped by fear.
Anil’s family has registered a First Information Report (FIR) at the District Police Headquarters (DPH) Saptari on 18 October 2014, demanding justice and lawful action against the alleged perpetrators. The police have only arrested Birendra Yadav and kept him in custody for investigation.
However, rather than proceeding with the investigation, on 21 October, the police called both families and attempted to facilitate a dismissal of the case. As per the agreement, the girl’s family will provide NPR 15,000 to the victim’s family. Birendra has been freed after this “agreement”.
When local media and human rights activists learned of the incident, they pressured DPH Saptari to arrest the perpetrators and punish them as per law. Due to the pressure, DPH Sub-Inspector Dan Singh Bohora ordered the arrest of Birendra on 21 October 2014 and filed a case of Civil Offence.
The District Administration Office Saptari ordered that Birendra Yadav be kept in prison for one more week, so further investigations could be conducted. The police have only arrested Birendra Yadav, but Anil’s other torturers still walk free in the village. The girl’s family has been forcing Anil’s family to withdraw the case. In spite of the direct threats received, Anil’s family has been demanding that serious action be taken against the perpetrators via legal proceedings.
The AHRC urges the government of Nepal to intervene and direct the police to arrest all perpetrators who have been involved in this gruesome incident of torture. The government should ensure that the investigation and trial are thorough and swift, so the alleged torturers, if found guilty, receive adequate punishment. The police officers that “mediated” and attempted to have the case dismissed should be investigated, and if found guilty, punished. The AHRC also urges the government of Nepal to aid in providing for the safety and security of members of Anil’s family, who has been receiving threats and are being forced to withdraw the case. And, finally, the AHRC urges the government to provide the highest level of care for Anil, even if that means transferring him for more specialized treatment.