Commission issue Notice Over Alleged Non-Invocation of SC/ST Act; Warns Officials May Be Summoned for Personal Appearance if Report Is Delayed Beyond Deadline
Jammu | 25 August 2026
Acting prompty upon the complaint submitted by the Tribal Gujjar Bakkarwal Welfare Foundation (TGBWF) through Member Trustee, Shri Kabir Ahmed, the National Commission for Scheduled Tribes has issued a notice dated 25 August 2026 under File No. NCST/ATY-4600/JK/3/2026-RU-IV. The notice has been addressed to the Chief Secretary, Union Territory of Jammu and Kashmir; the Director General of Police, Jammu and Kashmir; and the Senior Superintendent of Police, Kishtwar.
The Foundation has, at the outset, welcomed the Commission’s prompt intervention in the case concerning the alleged sexual assault and death of a minor Gujjar Scheduled Tribe child in Chatroo, District Kishtwar, and the reported non-invocation of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The Commission also transmitted the notice by email to all three authorities. In the notice, it has expressly recorded that it has decided to investigate and inquire into the matter in exercise of the powers conferred upon it under Article 338A of the Constitution of India.
The Chief Secretary, DGP and SSP Kishtwar have been called upon to submit the relevant facts, information and details of the action taken on the allegations raised in the complaint within five days from receipt of the notice. The Commission has further cautioned that, if the required reply is not received within the stipulated period, it may exercise the powers of a civil court conferred upon it under Article 338A and issue summons seeking the appearance of the concerned authorities, either personally or through authorised representatives, before the Commission.
The Foundation described the development as an important institutional step towards accountability and justice for the deceased child and her family. It appreciated the Commission’s sensitivity and prompt response.
“The prompt action taken by the National Commission for Scheduled Tribes has strengthened the family’s hope that the case will receive the attention and accountability it deserves. We respectfully appreciate the Commission for responding with urgency and sensitivity to a matter involving a vulnerable tribal child,” the Foundation stated.
The complaint concerns FIR No. 34/2026 registered at Police Station Chatroo against accused Khalid Hussain and Tariq Hussain. It raises serious questions regarding the alleged repeated sexual assault of the minor, her pregnancy, the reported attempt to terminate the pregnancy, and her consequent death. It also seeks investigation into allegations of threats, monetary inducement, a community-level attempt to suppress the matter, possible non-reporting by persons having prior knowledge, and the role of persons who may have facilitated, concealed or attempted to compromise the offence.
A central grievance raised by the Foundation is that, despite the deceased child belonging to the Gujjar Scheduled Tribe, the applicable provisions of the SC/ST (Prevention of Atrocities) Act have reportedly not been invoked. The complaint seeks verification of the tribal status of the victim and the social status of the accused, examination of the applicability of the relevant provisions of the Act, protection of the family and witnesses, preservation of digital and medical evidence, and payment of legally admissible compensation, relief and rehabilitation benefits.
TGBWF emphasised that the Commission’s notice marks the commencement of a constitutional inquiry and should now be followed by a factual and time-bound response from the Jammu and Kashmir administration and police authorities. The Foundation expressed hope that the authorities would cooperate with the Commission and take every legally required step to protect the family, preserve evidence and ensure a fair and comprehensive investigation.
The Foundation reaffirmed that it remains firmly committed to pursuing the matter to its logical and lawful conclusion. It will continue to monitor the proceedings before the Commission and the investigation, place relevant material before the competent authorities, and advocate for the rights, dignity, protection and rehabilitation of the deceased child’s family.
“Our objective is not to cause any interference with the investigation. Our sole concern is that no statutory safeguard should remain unenforced, no responsible person should escape scrutiny, and justice should be delivered to the child and her family,” TGBWF stated.