Alleged Gang Rape in Badaun and the Closure of an NHRC Case: A Critical Analysis

Alleged Gang Rape in Badaun and the Closure of an NHRC Case: A Critical Analysis

By Lenin Raghuvanshi

(Human Rights Defender)

Cases of sexual violence, particularly gang rape allegations involving local power holders, test the credibility of law enforcement and human rights institutions. One such case emerged from Ughaiti Police Station, Badaun district, Uttar Pradesh, in September 2023, raising troubling questions about access to justice, investigative processes, and the vulnerability of survivors.

This blog examines the case Diary No. 14971/IN/2023 | Case No. 23761/24/7/2023-WC, as registered and processed by the National Human Rights Commission (NHRC), and offers an analysis of how the matter unfolded and was ultimately closed.

Background of the Allegation

According to the complaint submitted on 12 September 2023, an online news report alleged that on 07 September 2023, a 34-year-old woman from a village under Ughaiti Police Station, Badaun, was gang-raped by four persons, including the son of a village Pradhan.

As per the complaint:

• The woman was going to take medicine with her brother-in-law

• Both were allegedly taken hostage at gunpoint

• They were taken to a secluded place where the offence was allegedly committed

• When the victim’s husband reached the spot, he reportedly found his wife in a delirious condition

• The accused were allegedly present at the police station when the husband approached it

• It was alleged that the police did not take action, allegedly to protect the accused

The complainant sought the intervention of the NHRC, citing failure of local police to act.

NHRC’s Initial Response

The NHRC took prompt cognizance of the complaint on 13 September 2023 and referred the matter to its Investigation Division. The Commission directed that facts be collected telephonically from concerned authorities and the matter be placed before it within a week.

This step acknowledged the seriousness of the allegation, particularly given:

• The nature of the offence (gang rape)

• Alleged involvement of influential persons

• Alleged police inaction

Police Version and Contradictory Statements

During NHRC’s inquiry:

• The SHO, PS Ughaiti, denied the allegation

• Police stated the issue was a civil dispute over land and tractor passage

• It was claimed that both parties had earlier submitted complaints on 01 September 2023

• Police reported that the dispute was later amicably settled on 10 September 2023

• The brother-in-law, who was allegedly present during the incident, stated that no such incident occurred

Based on these statements, the police narrative directly contradicted the media report and the original complaint.

Action Taken Report and Closure of the Case

On 27 September 2023, the NHRC forwarded the matter to the Senior Superintendent of Police, Badaun, seeking an Action Taken Report (ATR) and also directed that police communications be shared with the victim’s husband for comments.

In response:

• The Additional Superintendent of Police, Badaun, submitted an ATR dated 12 October 2023

• The ATR stated that the complainant admitted to filing the complaint due to a civil dispute, allegedly on the instigation of others

• It was further stated that the complainant did not want further action

After considering these submissions, the NHRC concluded on 28 November 2023 that:

• The complainant had admitted the dispute was civil in nature

• He no longer wished to pursue the matter

• No further action was required

• The case was formally closed

Human Rights Analysis: Key Concerns

While the case is officially concluded, several structural and human rights concerns merit reflection:

1. Reliance on Police Version in Sexual Violence Allegations

In cases where police inaction or bias is alleged, reliance on the same police machinery for fact verification raises questions of institutional conflict of interest.

2. Withdrawal or Denial by Families

In many sexual violence cases, especially in rural settings:

• Survivors and families face social pressure

• Threats, stigma, and power asymmetry can influence statements

• “Settlements” may not always reflect free and informed consent

3. Absence of Medical and Forensic Examination

The records do not reflect:

• Independent medical examination

• Forensic evidence collection

• Judicial oversight at the initial stage

This weakens the ability to arrive at an objective truth.

4. Chilling Effect on Reporting

When cases involving influential accused are closed without transparent, independent investigation, it risks:

• Discouraging survivors from reporting

• Reinforcing fear and silence

• Undermining trust in justice institutions

Conclusion

The NHRC acted within its procedural framework and relied on the material placed before it. However, this case illustrates the limitations of complaint-based redress mechanisms in environments marked by local power dominance, social pressure, and police control of narratives.

Closure of a case does not necessarily mean closure of truth.

For survivors of sexual violence, justice requires:

• Independence

• Sensitivity

• Protection from coercion

• Institutional courage to question dominant narratives

Final Reflection

Human rights work is not only about outcomes recorded in files, but about continuously questioning whether systems truly serve the most vulnerable.

Every closed case should still invite learning—so that future survivors are not silenced before justice even begins.

Case No.- 23761/24/7/2023-WC

NATIONAL HUMAN RIGHTS COMMISSION

(LAW DIVISION)

* * *

MANAV ADHIKAR BHAWAN, BLOCK-C,

G.P.O. COMPLEX, INA, NEW DELHI- 110023

Fax No.: 011-24651332    Website: www.nhrc.nic.in

---

Date : 13/09/2023

To,

DG(I), NHRC National Human Rights Commission, New Delhi DELHI DELHI Email- dg-nhrc@nic.in

Subject: Sent to DG(I), NHRC -23761/24/7/2023-WC.

Sir/Madam,

The complaint/intimation dated 12/09/2023, was placed before the Commission on 13/09/2023. Upon perusing the same, the Commission directed as follows:

The complainant, while referring an online newspaper, has alleged that on 07.09.2023, the victim woman was gang-raped by the four accused persons, including Pradhan’s Son in a village under Ughaiti Police Station of district Baduan. As per the complaint, she was going to take medicine with her brother-in-law, they were taken in hostage on gun point and were taken in a secluded place where the offence was committed. When the victim's husband reached the spot after getting information about this incident, he found his wife/victim in a delirious state and the brother lying there. He went to the police station, but the accused was already present at the police station. In order to favoring the accused, the police did not take action. The complainant has sought intervention of the Commission.  Let the complaint be referred to the Investigation Division of the Commission to have the facts in the matter collected over telephone from the concerned authorities, and put up by 18.09.2023.

2.      Accordingly, I am forwarding herewith a copy of the complaint/intimation as an attachment for taking appropriate action in the matter as per the directions of the Commission. It is requested that an Action Taken Report be sent to the Commission within 0 weeks from the date of receipt of this letter.

Your’s faithfully Sd/- K.K. Shrivastava DEPUTY REGISTRAR (LAW) M-5 Section Ph. No. 011-24663291

CC to

Complainant Details Case No. 23761/24/7/2023-WC LENIN RAGHUVANSHI SA4/2A DAULATPUR VARANASI VARANASI , UTTAR PRADESH 221002 Email- pvchr.adv@gmail.com , Mob No- 9935599331