SRINAGAR: The National Commission for Scheduled Tribes (NCST) has sought an action-taken report from Jammu and Kashmir authorities within five days over the alleged sexual assault and subsequent death of a minor Gujjar girl in Kishtwar, while raising questions over the non-invocation of provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in the case.
In a notice dated August 25, the Commission asked the Chief Secretary, Director General of Police and Senior Superintendent of Police, Kishtwar, to submit facts and details of the action taken on the allegations.
The notice follows a complaint filed by Kabir Ahmed, Member Trustee of the Tribal Gujjar Bakkerwal Welfare Foundation, on August 24. The complaint concerns FIR No. 34/2026 registered at Police Station Chatroo in connection with the alleged sexual assault of the minor and her subsequent death.
The NCST said it has decided to investigate and inquire into the matter under Article 338A of the Constitution and directed the authorities to respond within five days of receiving the notice.
The Commission also warned that failure to submit a response within the stipulated period could lead to the exercise of its powers as a civil court, including summoning concerned officials for appearance before it.
According to the complaint, the deceased girl was around 13-14 years old, was studying in Class V and belonged to the Gujjar community, which is a Scheduled Tribe in Jammu and Kashmir.
The complaint alleges that Khalid Hussain, identified as a teacher/headmaster at the government school where the girl studied, repeatedly sexually assaulted her, 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 and the Protection of Children from Sexual Offences (POCSO) Act.
The complaint further alleges that medicines were administered to terminate the pregnancy and that the minor’s condition deteriorated, ultimately resulting in her death as well as the death of the child she was carrying. These allegations are part of the complaint and remain subject to investigation.
A key grievance raised before the NCST is that no provision of the SC/ST (Prevention of Atrocities) Act has been invoked in the FIR despite the victim allegedly belonging to a Scheduled Tribe.
The complainant has sought examination of the applicability of Sections 3(1)(w)(i), 3(2)(v), 3(2)(va) and other relevant provisions of the Act, besides investigation into the alleged threats, monetary inducement and an alleged community meeting where an attempt was purportedly made to settle or suppress the matter.
The complaint has also sought preservation and forensic examination of videos allegedly related to the community meeting, along with relevant electronic communications, call records, financial transactions, school records and medical documents.
It has urged authorities to identify and investigate all persons who may have participated in or facilitated the alleged suppression attempt, while also examining whether any persons with prior knowledge of the alleged sexual offence failed to report it under the POCSO Act.
The complainant has further sought protection for the deceased girl’s family and witnesses, along with statutory relief, compensation and rehabilitation under the SC/ST (Prevention of Atrocities) Rules and other applicable laws.
The complaint has requested the NCST to monitor the investigation, call for periodic progress reports from the Kishtwar police and district administration, and summon concerned officials if necessary.
The Commission’s notice was issued by Deputy Secretary Manohar N. Sukole.
The complaint has been filed by the Tribal Gujjar Bakkerwal Welfare Foundation through its authorised representative, Kabir Ahmed, before the NCST in New Delhi.
