A joint fact-finding team of women and human rights organisations released its fact-finding report on Tuesday, February 7, at the Press Club of India in the Ankita Bhandari murder case in Uttarakhand, highlighting many concerns and suggestions.
The report deals with all aspects of the Special Investigation Team’s (SIT) probe so far, the post- mortem report and the charge sheet filed against the accused (a BJP leader’s son).
The report also raises questions on the ‘willful negligence’ of the SIT in the investigation, including bulldozing on the Vanantara Resort in Uttarakhand (where Ankita worked), not seeking police remand and the lopsided role of the Revenue Police and the Uttarakhand Police.
The report also raises the demand for legal intervention and a High Court-monitored probe into the matter. Along with this, it also demands strict adherence to Vishakha Guidelines on sexual harassment at government and non-government workplaces to ensure a safe and dignified work environment for all women.
Women, Civil Organisations of Many States Prepared Report
This fact-finding report was presented by the Uttarakhand Mahila Manch in the presence of senior Supreme Court advocate Vrinda Grover, All India Janwadi Mahila Samiti leaders Jagmati Sangwan and Maimuna Mollah, women's rights activist Kavita Krishnan and activists associated with other women's organisations. The report has been prepared by 30 representatives of lawyers and tourism experts, women and civil organisations from several states, including Uttarakhand, Uttar Pradesh, Delhi, Himachal Pradesh, Rajasthan, Karnataka.
The Incident
Ankita Bhandari, 19, was the receptionist of Vanantara Resort in Jhula area. She was last seen with Pulkit Arya (resort owner and BJP leader’s son) at the resort on September 18, 2022. After public furore, her body was recovered by the police six days later, on September 24, from Shakti Canal near Chilla Power House.
During this period, the main accused, Pulkit, had also filed a missing report in the Revenue Department to show himself clean. Ankita's family members had alleged that the Revenue Police in this matter first sat idly and then later, when there was public outrage, the matter was handed over to the regular police on September 22.
Uma Bhatt, on behalf of the Uttarakhand Mahila Manch, said the purpose of the fact-finding team was to bring this report to the fore so that people could get a closer look at Ankita's life, how a young girl worked hard for her dream that was destroyed. How the police and administrative system did injustice to the young girl and her family. Apart from this, the report suggests measures that can ensure that girls like Ankita, who want to do something on their own, are safe and can work with dignity.
The Report’s Key Points
-Ankita was missing since September 18, but when her father came to know about it on September 19, he was made to go round several police stations. Finally, on January 20, at 2 p.m, Revenue Police Officer Vivek Kumar registered his report. Ankita’s father was then told that Pulkit Arya has already given a detailed missing report in this case.
-Even after this, Ankita's father kept knocking from door to door requesting faster investigation. On the evening of September 22, the District Collector of Pauri took cognizance of the report and the case was transferred to the regular police of Laxman Jhula, after personally contacting the State Women's Commission and the Speaker of the Legislative Assembly and senior officials of Dehradun. On September 23, the three accused persons -- Pulkit Arya, Saurabh Bhaskar and Ankit Gupta -- were arrested.
-Ankita’s body was recovered on September 24, and the post-mortem took place at AIIMS Rishikesh the same day. The report revealed injuries on the body before death but sexual assault was ruled out on the ground that there were no injuries around her private parts. However, the issue of sexual violence cannot be ruled out on this basis alone. After this, the police and administrative officials turned Ankita's funeral into a drama. They cremated her on September 25, after putting pressure on the family. Her mother couldn’t see her face for the last time.
-The collapse of the criminal justice system and the freedom to destroy evidence is also clearly visible in this case. Precious evidence, including the crime scene, was destroyed on the night of September 23, under the leadership of ruling BJP MLA Renu Bisht, who also owns a resort in the area. The negligence and maliciousness of the police is visible in this. Why was the crime scene not sealed by the police? Why was no action taken against Bisht for destroying evidence? Who allowed her to run the government bulldozer on the resort?
-In this case, who was the VIP, to whom there was talk of giving special service? In response, the police said that the word VIP was being used for the people staying in the Presidential Suite. Here the question arises whether it is just a colloquial term or a powerful person, politician or any other influential person.
-The fact-finding team has also expressed concern over the witnesses not getting any protection so far. Reports say that resort employees Abhinav, Kush and others and Ankita's friend Pushp are key witnesses in the case. These people have helped in connecting the links of the murder. Despite Section 164 and statements by witnesses, the police's contention none of them reported any threat or intimidation is not sufficient, and that’s why security was not given, is not enough.
-This shows the failure to implement the Sexual Harassment of Women at Workplace Act 2013 at the said resort. Almost all the working women of the resort present there were not even aware of this Act. That's why there is no internal complaints committee. The Additional Secretary of the Tourism Department had no answer to the hotel business ignoring this law.
-The State Women's Commission also did not play an active role in this matter, except making phone calls when Ankita’s father approached them with a complaint. After this, there was no discussion on any solution for women trapped in such incidents. The commission did not communicate with the government to ensure the interests of working women.
-The contradiction within the Uttarakhand Police was also clearly visible here. When Ankita's father went to lodge a complaint, he was refused, saying that it did not come under their jurisdiction. The fact-finding team was also denied access to the resort. But Bisht was given a free hand.
-The lack of public funding of vocational courses gives a wider dimension to the issue. Ankita could not enroll in a government-funded vocational education course and hence could not complete her hotel management studies. Due to lack of fees, she had to leave studies midway. There are many girls like Ankita, who are unable to fulfill their dreams due to financial compulsion and end up as victims of some crime.
Flaws in the legal system, and ‘Insensitive’ Police
On the legal side of this report, senior advocate Vrinda Grover said there were many loopholes in our legal system, which powerful people do not fail to take advantage of. Drawing attention to Section 166 of the Indian Penal Code, she said according to the law, if an FIR is not registered by the police in such cases, then there is a provision to take action against that police officer. And this action will be legal, not tokenism in the name of departmental enquiry.
Grover also pointed out at the ‘’Last Sin Evidence on this whole matter, according to which a case of murder (Section 302) should be registered against those with whom Ankita was last seen. She said that this whole matter should not be limited to sexual violence and neither was hanging a solution to any problem. There is a difference between what the government is doing and the demands of the women's movement. The amendment in the law after Nirbhaya was the result of the struggle of the women's movement, but not capital punishment.
Grover said when more and more women are voting in the country, then their issues should also be heard. It should be ensured at the level where there is a provision of a local committee for working women. Along with the Vishakha guidelines, a safe environment should be provided to live and work openly.
Women’s rights activist Kavita Krishnan said there was a need to think on how to increase the number of women in work. Because those who are talking about not giving jobs or not allowing girls to go to work after Ankita's case, they need to be told that this crime will stop only if girls move forward. For every Ankita to come forward and live freely, there should be a women's union at the work place, all security arrangements should be in place, she said.
In the context of the Ankita murder case, women’s rights leader Jagmati Sangwan called out the silence of the government on allegations of sexual harassment against Haryana minister Sandeep Singh and the attempt at character assassination of the victim as “shameful”. She also expresses concern about the status of women in sports.
She said despite the facility of ‘zero FIR’, women and their families are harassed and made to take rounds from one police station to another. The police and the system seem to show less sensitivity toward the victim and more loyalty towards the accused. This is only possible if they get protection from the system, she said.
The case of Ankita Bhandari’s murder is currently in the court and the SIT filed a charge sheet of about 500 pages on December 19 last year against the accused. Apart from making 97 people witnesses, Ankita's post-mortem report, electronic evidence obtained from the scene of the crime scene and the report obtained by sending it for FSL test, have also been included in the charge sheet. Women's organisations are keeping a close watch on this and are prepared to fight the matter even up to the Supreme Court.
(Translated from Hindi)