Agencies | News Delhi:
The National Commission for Scheduled Tribes (NCST) has sought an action-taken report within five days from Jammu and Kashmir authorities over allegations of sexual assault and the subsequent death of a minor Gujjar girl in Kishtwar.
The Commission has also raised questions over the alleged non-invocation of relevant provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in the case.
In a notice dated August 25, the NCST directed the Chief Secretary of Jammu and Kashmir, Director General of Police and Senior Superintendent of Police, Kishtwar, to provide details of the allegations, the facts of the case and the action taken by the authorities.
The Commission said it had decided to investigate the matter under Article 338A of the Constitution and instructed the authorities to submit their response within five days of receiving the notice.
It also cautioned that failure to respond within the stipulated period could result in the Commission exercising powers available to it as a civil court, including summoning officials to appear before it.
The notice followed a complaint submitted on August 24 by Kabir Ahmed, Member Trustee of the Tribal Gujjar Bakkerwal Welfare Foundation.
The complaint relates to FIR No. 34/2026, registered at Police Station Chatroo in Kishtwar, concerning allegations of sexual assault of a minor girl and her subsequent death.
According to the complaint, the girl was around 13 to 14 years old, studied in Class V and belonged to the Gujjar community, which is recognised as a Scheduled Tribe in Jammu and Kashmir.
The allegations contained in the complaint are yet to be established and remain subject to investigation by the competent authorities.
The complaint alleges that Khalid Hussain, identified as a teacher/headmaster at the government school attended by the girl, repeatedly sexually assaulted her, allegedly resulting in pregnancy.
It further alleges that attempts were subsequently made to suppress the matter through threats and monetary inducements.
The FIR, as reproduced in the complaint, names Khalid Hussain and his brother Tariq Hussain as accused. The case has been registered under various provisions of the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences (POCSO) Act.
The complaint also alleges that medicines were administered to terminate the pregnancy, following which the minor’s health deteriorated. It claims that she subsequently died, along with the child she was carrying.
These allegations have been presented before the Commission by the complainant and have not been treated as established facts.
A major issue raised before the NCST is the alleged absence of provisions of the SC/ST (Prevention of Atrocities) Act in the FIR despite the victim allegedly belonging to a Scheduled Tribe.
The complainant has urged the Commission and investigating authorities to examine the applicability of provisions including Sections 3(1)(w)(i), 3(2)(v) and 3(2)(va) of the Act, along with any other provisions found relevant during the investigation.
The complaint has also sought an investigation into allegations of threats, monetary inducements and an alleged community meeting where an attempt was purportedly made to settle or suppress the matter.
The complainant has called for the preservation and forensic examination of videos allegedly connected with the reported community meeting.
It has also sought examination of relevant electronic communications, call records, financial transactions, school records and medical documents as part of the investigation.
The complaint further urges authorities to identify all individuals who may have participated in or facilitated any alleged attempt to suppress the matter.
It has also sought examination of whether any persons who allegedly had prior knowledge of the sexual offence failed to report it as required under applicable provisions of the POCSO Act.
The complainant has requested protection for the deceased girl’s family and potential witnesses, besides seeking statutory relief, compensation and rehabilitation under the applicable provisions of the SC/ST (Prevention of Atrocities) Rules and other laws.
It has also asked the NCST to monitor the investigation, seek periodic progress reports from the Kishtwar police and district administration and summon concerned officials wherever necessary.
The Commission’s intervention places the Kishtwar case under closer institutional scrutiny, particularly over the protection of the rights of a minor belonging to a Scheduled Tribe.
The five-day deadline now requires the Jammu and Kashmir authorities to place before the Commission the factual position, details of the investigation and the steps taken so far.
The notice was issued by NCST Deputy Secretary Manohar N. Sukole.
The case remains under investigation, and allegations contained in the complaint will have to be established through the ongoing legal and investigative process.
