Mentally Retarded Woman’s Rape: HC Asks Police To Carry ‘Uninfluenced’ Investigation

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SRINAGAR — The Jammu and Kashmir High Court has directed police to conduct investigation “uninfluenced” by anyone including “any NGO” into the matter regarding rape of a mentally retarded woman who gave birth to a child in an abandoned house at Kulan area of central district Ganderbal without any medical help in the dead of night on November 20 this year.

Hearing a suo-moto Public Interest Litigation, a division bench of Chief Justice Gita Mital and Justice Sanjeev Kumar also directed the victim’s father to ensure that he takes full care of her.  

The directions by the court followed perusal of a report submitted by the Inspector General of Police Kashmir Swayam Prakash, stating that “intensive enquiry” was underway into the matter .

The top cop of the Kashmir also revealed that the 32-year-old woman, after receiving treatment at PHC Gund, has been handed over to her father.

According to the news report, which has been treated as PIL, one person who had gone to buy vegetables in the morning saw the girl and rushed to help her. Later, more people joined and took her to local hospital. The baby she had delivered had died and people, mainly from local Masjid authorities, buried the newborn.

At Lal Ded hospital where she was eventually admitted, the woman after early treatment has been advised psychiatric consultation.

The woman’s father submitted that his daughter was mentally unsound and that that he has no objection if the mental health of his daughter was ascertained. 

He said that his daughter was not in a position to give her consent for the medical examination and requested that her mental examination be undertaken. 

He submitted that the woman’s mother has expired and she was ten years ago taken for treatment to the Mental Hospital.

Dr Shabir, Medical Superintendent, Government Lalla Ded Hospital, Srinagar, who was present in person, submitted a report of Dr. Samia Mufti, Head of the Treating Unit, recommending consultation for evaluation of woman’s condition and rehabilitation.

“We are informed by Dr Shabir, that the patient was discharged from the Lalla Ded Hospital in a stable medical condition and handed over to her father.” 

After hearing them all, the court ordered that the father shall produce the woman before the Medical Superintendent of Psychiatric Hospital Rainawari, Srinagar, on December 8.  The Superintendent has been asked to constitute a proper board of necessary experts for undertaking medical examination of the woman, both from mental health and medical health perspectives.

“The Police Authorities shall conduct investigation uninfluenced and unhindered by any person or authority including any NGO. The status report in this regard be filed before us before the next date of hearing,” the court added.


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