Police deny charges that POCSO case survivor was ‘handcuffed’ in Ooty, threatened along with mother

However, the district police denied that the minor was handcuffed.

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The incident

Robert, a 22-year-old man residing at Achanakal, allegedly sexually exploited the minor girl promising marriage.

Her family, after learning about the incident, reported the matter to the All Women Police Station in August. However, despite several reminders, the police allegedly did not register an FIR until 2 November.

After the FIR, the minor was lodged at the Annai Sathya Home — a government-run facility. She was also subsequently taken for a medical test at the Government Hospital Ooty.

On 7 November, a woman police constable, identified only as Jamuna, took the girl from the home to the court to record her statement under Section 164 of the CrPC.

However, it was alleged that while taking the minor on a public transport bus, the policewomen told the conductor that the girl was a warrant prisoner, and refused to purchase her a travel ticket.

On reaching the Kothagiri bus stand, the woman constable allegedly handcuffed the girl, saying that she would otherwise flee. The girl’s hands were freed only at the court’s entrance.

After the girl deposed before the magistrate, she was reportedly handcuffed on the way back to the bus stand.

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Police threaten girl, mother

On learning that her daughter had been handcuffed, the mother reportedly took a handwritten letter from the girl and submitted it to the Superintendent of Police (SP) on 15 November — a day after Children’s Day — and sought action against the constable.

Though the mother’s request was not considered as claimed by the aggrieved party, the station house officer (SHO) allegedly threatened the girl that she would be kept in the home until she attained the age of 18 if she told the handcuffing incident to anyone.

It was also alleged that the mother and daughter were forced to sign on blank papers.

Not one to let matters go, the mother decided to seek the help of a few lawyers.

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Child Rights violation

Advocates Aruna Mohsin Sait, Kavitha Arunkumar, Malini Prabhakaran, and Subashini took up the case and collected the CCTV footage from the area through which the girl was allegedly taken in handcuffs. The visuals apparently showed the child in handcuffs.

The advocates took up the issue with the Child Welfare Committee (CWC) and also sent a mail to the district Superintendent of Police.

Sait told South First that POCSO case survivors required utmost care. The police should not have taken her on a public transport bus, she said.

“This is a case of absolute violation of child rights. How come a constable takes a handcuff without the permission of the higher officers? After our intervention, the police collected the CCTV footage from the route and have been circulating low-resolution clips, in which the visuals are barely seen,” the advocate said.

She further stated it was the police’s duty to protect the survivor. “In the present case, the survivor is a minor, shielded by the POCSO Act. The accused has not been even arrested,” she said.

“The local DSP threatened the girl and her mother and obtained their signatures on a blank paper, which is sheer abuse of the law. The mental agony of the poor mother and the child is ineffable,” the advocate added.

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Police deny charge

According to sources, the local police allegedly used the blank letter signed by the minor to claim that she had made a false acquisition and was regretting her behaviour.

The minor’s mother was also forced to withdraw the representations made to the CWC and other officers.

When South First tried to contact District Collector M Aruna, her office said she was unaware of the incident, and redirected this correspondent to the SP.

SP P Sundaravadivel denied the allegations. “It is cooked up and manipulated by a few advocates for their benefits. The incident is not true,” he told South First.

Asked about the photographs sourced by the advocates and seen by South First, in which the girl was seen handcuffed, the SP asked for the official email ID of this correspondent, promising to send the CCTV footage the police had collected.

“Then you can check the quality of the footage taken from the bus stand and other places where the girl was taken by the constable,” he said.

“The women advocates who are involved in this issue have a reputation of this kind and can verify this with the Bar Association of Tamil Nadu,” he added.

The official email ID was duly sent. South First has not received the promised response at the time of the publishing of this report.

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Political parties condemn incident

Meanwhile, political party leaders condemned the incident. Pattali Makkal Katchi (PMK) leader Anbumani Ramadoss condemned the incident stating that it was “very shocking and sad”.

Ramadoss stated that the Supreme Court had given guidelines on how to treat survivors of sex abuse cases with dignity. “It is reprehensible that the girl victims have been treated like criminals,” she said.

போக்சோ பாலியல் வன்கொடுமை வழக்கில் குற்றவாளியை தப்பவிட்டு,
பாதிக்கப்பட்ட சிறுமியை கைவிலங்கிட்டு அழைத்துச் செல்வதா? தவறு
இழைத்த காவல் அதிகாரிகள் மீது கடும் நடவடிக்கை எடுக்க வேண்டும்!

நீலகிரி மாவட்டம் உதகமண்டலத்தில் பாலியல் வன்கொடுமை வழக்கில் பாதிக்கப்பட்ட சிறுமியை, நீதிபதியிடம்…

— Dr ANBUMANI RAMADOSS (@draramadoss) November 22, 2023

The PMK leader also sought the intervention of Chief Minister MK Stalin in the issue and sought strict action against the police officers.

Tamil Nadu BJP vice-president Narayanan Tirupathy said that the brutality in which a POCSO case survivor was dragged into the court to testify was highly condemnable and even criminal.

ஊட்டியில், போக்சோ வழக்கில் பாதிக்கப்பட்ட சிறுமி ஒருவரை வாக்குமூலம் அளிக்க நீதிமன்றத்திற்கு விலங்கிட்டு அழைத்து சென்ற கொடூரம் வன்மையாக கண்டிக்கத்தக்கது, கடும் குற்றச்செயலும் கூட. அக்டோபர் 6ம் தேதியன்று அளிக்கப்பட்ட புகார் மீது முதல் தகவல் அறிக்கை நவம்பர் 2ம் தேதி பதியப்பட்டதோடு,…

— Narayanan Thirupathy (மோடியின் குடும்பம்) (@narayanantbjp) November 22, 2023

“The allegation should be seriously investigated and appropriate action should be taken against the police officials concerned for causing outrage and distress to a child,” the BJP leader said.