SRINAGAR: The Tribal Gujjar Bakkerwal Welfare Foundation (TGBWF) has approached the National Commission for Scheduled Tribes (NCST) seeking urgent intervention over the alleged repeated sexual assault of a minor Gujjar girl by her government-school teacher, her subsequent pregnancy and death. It has alleged attempts to suppress the matter through threats, monetary inducement and a community-level Panchayat.
In its complaint, filed through member trustee Kabir Ahmed, the Foundation has sought immediate invocation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, protection and compensation for the girl’s family, preservation of evidence and independent investigation into the alleged role of other persons in the events preceding her death.
The complaint concerns FIR No 34/2026 registered at Police Station Chatroo in Kishtwar district against Khalid Hussain and his brother Tariq Hussain under provisions of the Bharatiya Nyaya Sanhita and the Protection of Children from Sexual Offences (POCSO) Act. The FIR identifies the deceased as a minor girl aged approximately 13-14 years, studying in Class V and belonging to the Gujjar community, according to the complaint.
TGBWF has alleged that Khalid Hussain was the teacher and headmaster of the government middle school where the girl studied and that he allegedly subjected her to repeated sexual assault, resulting in pregnancy. The Foundation argues that his position as the child’s teacher placed him in a position of authority, confidence and regular contact with her.
The Foundation’s central grievance before the NCST is that, despite the girl belonging to the Gujjar Scheduled Tribe, the FIR does not presently invoke provisions of the SC/ST (Prevention of Atrocities) Act.
TGBWF has specifically asked authorities to examine the applicability of Sections 3(1)(w)(i), 3(2)(v) and 3(2)(va) of the Act, along with other relevant provisions. It has also sought verification of the Scheduled Tribe status of the deceased and the social status of the accused persons.
The complaint states that the accused are reported to belong to the Sheikh community and are not members of a Scheduled Caste or Scheduled Tribe, while making clear that their status should be formally verified by the competent authorities.
The Foundation has also relied on Section 8(c) of the PoA Act, arguing that the teacher-student relationship and the accused’s alleged personal acquaintance with the girl and her family warrant examination of the statutory presumption concerning knowledge of the victim’s tribal identity.
A significant part of the complaint concerns what TGBWF says happened after the girl’s pregnancy became known.
According to the Foundation, the FIR contains allegations that attempts were made to threaten the family and offer money to suppress or settle the matter. The complaint says the family was economically vulnerable and therefore potentially susceptible to pressure from locally influential persons.
Separately, the Foundation says it received information from local and media sources, including circulating video statements, alleging that a Panchayat or community meeting was convened after the pregnancy was disclosed. It alleges that politically connected individuals were involved and that attempts were made to pressure the family through money and other means to prevent pursuit of the case. These claims are presented in the complaint as information requiring investigation rather than established findings.
The complaint places the alleged Panchayat before what it describes as the subsequent forcible administration of pregnancy-termination medicine. TGBWF has therefore asked investigators to establish the precise sequence of events and identify every person who participated in the alleged meeting.
The Foundation wants investigators to determine who convened the meeting, who proposed or arranged a settlement, whether money was offered, what the family was allegedly asked to do in return, whether threats or social pressure were applied, whether termination of the pregnancy was discussed, and who subsequently procured medicines or arranged transport or medical assistance.
TGBWF has stressed that attendance at a community meeting, by itself, would not establish criminal liability. However, it has urged investigators to examine whether any participant subsequently facilitated, financed, concealed or encouraged unlawful conduct.
The Foundation has sought immediate preservation and forensic securing of videos circulating in connection with the alleged Panchayat and pregnancy-termination episode.
It has asked for identification and examination of the makers of the videos, verification of the date and location of the alleged meeting, identification of participants and preservation of legally obtainable digital evidence, communications, electronic payments, call records and other material.
It has also called for preservation of school records, medical and diagnostic records, prescriptions, pharmacy records and medicines connected with the alleged pregnancy and its termination.
The complaint further asks investigators to examine whether school officials, medical practitioners, Panchayat participants or others had prior knowledge of the alleged sexual assault or pregnancy and, if so, whether they complied with the mandatory reporting requirements under Sections 19 and 21 of the POCSO Act.
TGBWF has sought immediate protection for the deceased girl’s parents, siblings and material witnesses, citing the family’s economic and migratory vulnerability.
It has invoked Section 15A of the PoA Act and sought a formal threat assessment, police protection where necessary, safe accommodation, secure transportation, confidentiality and safeguards against intimidation, coercion, inducement or retaliation.
The Foundation has also sought statutory relief under the PoA Rules. Its complaint states that the applicable rules prescribe Rs 8.25 lakh as minimum relief in cases of murder or death, ordinarily payable in two stages, and asks the district administration to process the payment without waiting for the conclusion of the criminal trial.
It has additionally sought any further relief legally admissible for the alleged sexual offence, along with compensation available under the POCSO framework, victim compensation schemes or other applicable government schemes. The complaint specifically states that PoA relief should not be treated as a substitute for compensation available under other laws.
TGBWF has asked the NCST to register the matter as an urgent atrocity-related complaint and call for a comprehensive Action Taken Report from the Jammu and Kashmir Chief Secretary, Director General of Police, SSP Kishtwar, Deputy Commissioner Kishtwar and other authorities, preferably within three days.
The Foundation has also asked that, if the PoA Act is found applicable, the investigation be conducted in accordance with Rule 7 of the PoA Rules by an officer of the prescribed rank and under appropriate senior-level supervision.
It has urged the Commission to examine whether any public servant wilfully neglected statutory duties, while making clear that it is not seeking a premature finding against any individual officer.
The Foundation has further asked the School Education Department to preserve relevant institutional records and examine, through an appropriate confidential child-protection mechanism, whether any other child who came into contact with the accused may have been subjected to sexual abuse or other offences.
The NCST has been asked to continue monitoring the case through periodic progress reports from the SSP Kishtwar and Deputy Commissioner until the applicability of the PoA Act is determined, all applicable provisions are invoked, statutory protection and relief are provided and the investigation reaches its lawful conclusion.
The Foundation said its intervention was not intended to interfere with the criminal investigation but to ensure that it proceeds under what it considers the correct statutory framework and that the family of the deceased Scheduled Tribe child is not deprived of legal safeguards.
The complaint was filed before the NCST on August 23, 2026. TGBWF has also stated that it has deliberately withheld the deceased child’s name and other identifying particulars in order to protect her dignity and confidentiality.
