Dear Friends,
The Asian Human Rights Commission (AHRC) has received information from Shahri Mazdoor Sangthan about a continuous harassment by Police. They forced Indramal Bai, a tribal woman from the Pardhi community, (earlier listed by the British as a habitual criminal tribe), to commit suicide by immolating herself. The cops, identified as Rameshwar Yadav, Sandeep and Gajraj Singh had been harassing her for weeks and threatening her to pay Rs 20,000 or they would frame her in a false case.
CASE NARRATIVE:
Indramal Bai was a Waste-Picker from the Pardhi Community. She lived in Gandhi Nagar Basti in Bhopal (M.P.) with her two young children. Her husband was living separately for the past 10 years. She was forced to take her life. It was due to continuous harassment, for over a week, by three policemen named Gajraj, Jadhav and Sandeep from the local Gandhi Nagar Police Station. These policemen were trying to extort money by threatening to register a criminal case of theft against her. They did not relent even after repeated pleas by Indramal of her innocence and her inability to give them any money. On the fateful day (Friday, 17th November 2017), the Policemen visited her house three times. By the end of it, she was so desperate that she poured kerosene all over herself. As she caught fire, the two Policemen left, saying that these Pardhis conger up all the dramas in the world. Indramal’s relatives ran to save her. However, she already had over 60% burns on her body when admitted to Hamidia Hospital. She breathed her last in the intervening night of Sunday and Monday (20th November 2017 at 12:40 a.m.)
Media reports suggest that Indramal Bai, in her dying declaration to the Magistrate, said that she had accidentally caught fire when burning the trash. This was an outright lie to save the Policemen responsible. Policemen from the local police station, as well as one of the accused policemen in fact were present in the hospital when Indramal Bai was struggling for her life to threaten her into silence. Testimonies by her family members, as well as her own video testimonies clearly establishes the role of the cops in forcing her to burn herself. Moreover, the investigating officer made no effort to take her testimony when she was alive.
Later, on 20 November 2017, the residents of the Basti along with other members of several organisations protested in front of the Madhya Pradesh Police Headquarters. An independent Fact-Finding committee conducted its own investigation. They met the Additional Director General of Police for crime against women, Aruna Mohan Rao and Deputy Inspector General Sudhir Lad. They complained about Police apathy in not registering the First Information Report against the guilty Policemen. Though the officers promised action, no FIR have yet been registered against the cops. In fact they have not even been suspended and only two of the three accused have merely been line-attached.
To oppose the continuing apathy, the residents of Basti and other concerned citizens organised a peaceful protest at the Gandhi Nagar Police Station for two hours. They demanded that a FIR must be registered against the three Policemen. Their illegal, inhumane and cruel act prima facie forced Indramal Bai to take such an extreme step. The Police said that they will decide on a course of action once the Police enquiry into the incident was completed. So, even the basic right to file an FIR was not heeded despite the fact that it was the third day after filing the complaint.
Registering an FIR is a Constitutional Right of every citizen. In the recent gruesome gang-rape case of a 19 year-old girl, the Bhopal District Court clearly ordered that the Police Station cannot refuse registering a FIR under any circumstances. No excuse can be tolerated in reference to non-registration of a FIR. The Gandhi Nagar Police excuse, that they will register the FIR only after the investigation is completed, is a violation of the Constitution.
The people were sitting in a peaceful manner and negotiating with Police functionaries present on the spot. When ASP Sameer Yadav reached the site, he started manhandling the activists and provoking the people. He pushed Alok Agrawal, State Convener for Aam Aadmi Party to the ground and asked the Police to arrest him. As this unfolded, stone-pelting started on both sides. Even while present Sangathan activists and family members of the victim tried to calm the people, the Police recklessly carried out a violent lathi-charge. They seriously injured many people.
In arresting Alok Agarwal, while demanding a FIR registration within the Thana premises, is a completely illegal act. Refusal to grant bail because of political pressure is illegal interference in the Government in legal matters of the Court.
The Madhya Pradesh Government has adopted a silent stand on the Institutional Murder of Indramal Bai. Police inaction on a Constitutional demand of registering an FIR against the accused shows the unacceptable condition of the Rule of Law in the State.
Sadly, the Police response in the matter has only confirmed the centuries of injustice with the Pardhi Community, listed as a Habitual Criminal Tribe via the Habitual Criminal Tribes Act 1871. Later on it was extended all over India by the Criminal Tribes Act 1924–incorporating all the Criminal Tribes Acts in force in different parts of British India. The Act was finally repealed in 1949 in the Bombay Presidency presidency and later in the whole country in 1952. The repeal, however failed to change much for the communities listed as Habitual Criminals. The Habitual Offenders Act 1952 soon came in place of the repealed Act. Members of such communities still suffer the stigma and mistrust of Society at-large and of the Police in particular.
SUGGESTED ACTION:
Please write to the Authorities listed below, demanding immediate intervention to ensure justice for Indramal Bai and action against the Policemen who forced her to commit suicide.
The AHRC is also writing separate letters to the UN Special Rapporteur on the rights of indigenous peoples and to the UN Special Rapporteur on the situation of human rights defenders.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
INDIA: Continuous harassment by Police forces Pardhi woman to commit suicide
Identities of the Victims: Indramal Bai
Identities of the Perpetrators: Local Policemen
Place & Time of Incident: Gandhi Nagar Basti, Bhopal, Madhya Pradesh.
I am writing to you with grave concern regarding the Institutional Murder of Indramal Bai, a Pardhi woman. As you might be aware of, she immolated herself to escape continuous harassment from three local Policemen.
Indramal Bai was a Waste-Picker from the Pardhi Community. She lived in Gandhi Nagar Basti in Bhopal (M.P.) with her two young children. Her husband was living separately for the past 10 years. She was forced to take her life. It was due to continuous harassment, for over a week, by three policemen named Gajraj, Jadhav and Sandeep from the local Gandhi Nagar Police Station. These policemen were trying to extort money by threatening to register a criminal case of theft against her. They did not relent even after repeated pleas by Indramal of her innocence and her inability to give them any money. On the fateful day (Friday, 17th November 2017), the Policemen visited her house three times. By the end of it, she was so desperate that she poured kerosene all over herself. As she caught fire, the two Policemen left, saying that these Pardhis conger up all the dramas in the world. Indramal’s relatives ran to save her. However, she already had over 60% burns on her body when admitted to Hamidia Hospital. She breathed her last in the intervening night of Sunday and Monday (20th November 2017 at 12:40 a.m.)
Media reports suggest that Indramal Bai, in her dying declaration to the Magistrate, said that she had accidentally caught fire when burning the trash. This was an outright lie to save the Policemen responsible. Policemen from the local police station, as well as one of the accused policemen in fact were present in the hospital when Indramal Bai was struggling for her life to threaten her into silence. Testimonies by her family members, as well as her own video testimonies clearly establishes the role of the cops in forcing her to burn herself. Moreover, the investigating officer made no effort to take her testimony when she was alive.
Later, on 20 November 2017, the residents of the Basti along with other members of several organisations protested in front of the Madhya Pradesh Police Headquarters. An independent Fact-Finding committee conducted its own investigation. They met the Additional Director General of Police for crime against women, Aruna Mohan Rao and Deputy Inspector General Sudhir Lad. They complained about Police apathy in not registering the First Information Report against the guilty Policemen. Though the officers promised action, no FIR have yet been registered against the cops. In fact they have not even been suspended and only two of the three accused have merely been line-attached.
To oppose the continuing apathy, the residents of Basti and other concerned citizens organised a peaceful protest at the Gandhi Nagar Police Station for two hours. They demanded that a FIR must be registered against the three Policemen. Their illegal, inhumane and cruel act prima facie forced Indramal Bai to take such an extreme step. The Police said that they will decide on a course of action once the Police enquiry into the incident was completed. So, even the basic right to file an FIR was not heeded despite the fact that it was the third day after filing the complaint.
Registering an FIR is a Constitutional Right of every citizen. In the recent gruesome gang-rape case of a 19 year-old girl, the Bhopal District Court clearly ordered that the Police Station cannot refuse registering a FIR under any circumstances. No excuse can be tolerated in reference to non-registration of a FIR. The Gandhi Nagar Police excuse, that they will register the FIR only after the investigation is completed, is a violation of the Constitution.
The people were sitting in a peaceful manner and negotiating with Police functionaries present on the spot. When ASP Sameer Yadav reached the site, he started manhandling the activists and provoking the people. He pushed Alok Agrawal, State Convener for Aam Aadmi Party to the ground and asked the Police to arrest him. As this unfolded, stone-pelting started on both sides. Even while present Sangathan activists and family members of the victim tried to calm the people, the Police recklessly carried out a violent lathi-charge. They seriously injured many people.
In arresting Alok Agarwal, while demanding a FIR registration within the Thana premises, is a completely illegal act. Refusal to grant bail because of political pressure is illegal interference in the Government in legal matters of the Court.
The Madhya Pradesh Government has adopted a silent stand on the Institutional Murder of Indramal Bai. Police inaction on a Constitutional demand of registering an FIR against the accused shows the unacceptable condition of the Rule of Law in the State.
Sadly, the Police response in the matter has only confirmed the centuries of injustice with the Pardhi Community, listed as a Habitual Criminal Tribe via the Habitual Criminal Tribes Act 1871. Later on it was extended all over India by the Criminal Tribes Act 1924–incorporating all the Criminal Tribes Acts in force in different parts of British India. The Act was finally repealed in 1949 in the Bombay Presidency presidency and later in the whole country in 1952. The repeal, however failed to change much for the communities listed as Habitual Criminals. The Habitual Offenders Act 1952 soon came in place of the repealed Act. Members of such communities still suffer the stigma and mistrust of Society at-large and of the Police in particular.
I therefore urge you to ensure that
1. A FIR is registered against the guilty Policemen at the earliest;
2. Action is taken against the Investigating Officer for not taking the testimony of Indramal Bai when she was alive and trying to protect the Policemen;
3. Initiate an impartial and time-bound enquiry in the matter of the Institutional Murder of Indramal Bai and prosecute the guilty for the institutional murder;
4. Release all arrested activists including Alok Agrawal immediately;
5. Compensation is paid to Indramal Bai’s family;
6. Sensitize the Police; ensure that they respect the human and democratic rights of the Pardhis and other designated tribes in the State. Stop the harassment.
7. Implement the recommendations of the Denotified, Nomadic and Semi-nomadic Tribes Commission
Sincerely
_______
PLEASE SEND YOUR LETTERS TO:
1. Justice H L Dattu
Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Fax: +91 11 2338 4863
E-mail: chairnhrc@nic.in
2. Ms Maneka Gandhi
Minister of Women & Child Development
14, Ashoka Road,
New Delhi -110 001
INDIA
Fax: +9111 23387384
Email: min-wcd@nic.in
3. Shri Shivraj Singh Chouhan
Chief Minister of Madhya Pradesh
Secretariat, Bhopal
Madhya Pradesh
INDIA
Fax: +91 755 2441781
Email: cm@mp.nic.in
4. Shri Basant Pratap Singh
Chief Secretary,
Government of Madhya Pradesh,
Bhopal, Madhya Pradesh,
INDIA.
Fax: +91 755 2441751; 2441521
Email: cs@mp.nic.in
5. Dr. Sudam P. Khade
District Magistrate & Collector
Room No- 100,
Collectorate, A-Block , Old Sectt.,
Bhopal 462001
INDIA
Fax:
Email: dmbhopal@nic.in
Thank you
Hunger Alert Program
Right to Food Program (foodjustice@ahrc.asia)
Asian Human Rights Commission (ua@ahrc.asia)
