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INDIA: Two persons killed and sixty others injured in police firing

November 26, 2009

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
 
Urgent Appeal Case: AHRC-UAC-162-2009


 
26 November 2009
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INDIA: Two persons killed and sixty others injured in police firing
 
ISSUES: Extrajudicial execution; land rights; indigenous community; impunity
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Dear friends,
 
The Asian Human Rights Commission (AHRC) has received information from credible sources in India about the case of arbitrary police firing on 20 November in Narayanpatna of Koraput district in Orissa state. It is reported that the police fired an estimated 300 rounds at close range upon a gathering of 200 persons who had converged in front of Narayanpatna Police Station. Two persons died on the spot whereas 60 others are injured. The crowd was demanding the Officer-in-Charge of the police station to register their complaint against police officers who regularly harass the tribal community living in the villages.
 
CASE DETAILS:

On 20 November, an estimated 200 strong crowd mostly comprised of the tribal community gathered in front of Narayanpatna Police Station. They were demanding that the police must give them an opportunity to discuss their grievances against the police officers carrying out anti-insurgent operations in the tribal villages. The police refused to let anyone to enter the police station compound and locked the gate. Then the officers started verbally abusing the crowd, demanding them to disperse. The crowd refused to go away and demanded that the Officer-in-Charge of the station to come out, if he did not want anyone to come inside, and listen to their complaint. The officer refused the request.

At this juncture, two members from the crowd, Ms. Kumudini Behera and Mr. Kendruka Singanna, broke open the lock and entered the station compound demanding to meet the Officer-in-Charge. The two persons walked into the compound and meet the officer at the station veranda. During the course of discussion, the officer started arguing with Behera and Singanna. Soon the officer started shouting at the two. Without reason, the officer ordered his armed men to open fire at the crowd. The armed policemen were stationed on the roog of the police station.

The Indian Reserve Battalion, the Central Reserve Force and the Cobra Battalion stationed in the police station fired three shots in the air and without any further warning started firing indiscriminately into the crowd. They fired an estimated 300 rounds into the crowd, injuring men, women and children. Hearing the firing, Behera and Singanna ran out of the station compound.

Singanna was shot ten times from behind. He fell face down and died instantly. The police also shot another member of the crowd, Mr. Andru Nachika, who also died on the spot. The police continued firing at the crowd as they were running away from the station compound. An estimated 60 persons are seriously injured in the firing. Even street side vendors and pedestrians were shot at.

Narayanpatna is an administrative Community Development Block in Koraput district of Orissa state. The villages in Narayanpatna are home to several tribal communities. The tribal communities in Narayanpatna, like the rest of the tribal communities living in the state and in the region, are under intense threat due to the loss of their land and livelihood. Many have lost their land to upper caste land grabbers, who are continuing to settle in tribal lands by force and with the support of the corrupt state administrations.

The new settlers have adversely affected the socioeconomic life of the tribal population. This has resulted in an inevitable social conflict which is also exploited by extreme leftist groups that have rapidly expanded their cadre strength during the past ten years in the region. This has resulted in sporadic and violent conflicts between the Maoists operating in the region and the state agencies. To make matters worse the state also supports the private militia groups in the excuse of combating Maoists. The fundamentalist Hindu political parties like the Bharatiya Janata Party, the Viswa Hindu Parisad and the Bajrang Dal support private militia. The state government of Orissa is sympathetic to these political parties and until recently they shared power in governing the state.

Most police stations in the state are provided additional firepower by deploying the Indian Reserve Battalion and the Central Reserve Force. The combined forces assisted and guided by the private militiamen carryout combing operations in the villages in the pretext of preventing Maoist activities. During these operations, the security forces break into tribal houses at night and seize farming equipments and household tools alleging that the tools are weapons. It is also common for the security forces to destroy crops or to steal food grains from the tribal.

The forces often prevent farmers from attending to their crops. Even worse, they regularly molest women and girls. The security forces as well as the militiamen accompanying the forces often threaten the tribal families to stop living in the area or to face punishment. The residents of Odiapentha, Dandabeda, Palaput, Dubaguda and Bhadraguda villages complain that the above misdemeanour of the security forces is common practice whenever they search houses or confront a tribesperson.

When the disturbance and molestation became unbearable, the tribal community under the banner of Chasi Mulia Adivasi Sangha (CMAS) organised a protest rally in October. The Officer-in-Charge of Narayanpatna Police Station gave a written guarantee that his men will carry out their job abiding the law and that not a single tribesperson or their property would be adversely affected by the state operations. In spite of the guarantees the forces continued threatening the tribes, destroyed crops, molested women and whenever possible threatened them ordering them to vacate the place so that the land grabbers could take their land. The Maoist activities in the region in the meanwhile make the situation complex. Anyone questioning the security agencies is branded as Maoists.

Due to this very reason many persons injured in the firing are failing to seek treatment in government hospitals, as they are afraid that it would expose them to the police. They are afraid that the police would arrest them to prevent them deposing against the officers. As of today, the state government has no clue as regards to the number of persons injured in the incident.

The police are preventing anyone reaching the villages, as they want the entire incident to be covered up. No case has been registered against the police officers involved in the firing. The Officer-in-Charge of the Narayanpatna Police Station, Mr. Gouranga Charan Sahu, who ordered the firing, has committed a direct violation of the law. The officer continues to be in active service.

Sixty persons are arrested in the meanwhile, while there is no investigation ordered to find the truth behind the police firing. There are no attempts whatsoever to provide medical assistance to the persons who are injured. Neither has the state government offered any apology, accepting responsibility for the brutal act of the police officers. Civil society organisations have condemned the state government, first for creating an environment that resulted in the incident and second for not taking any action against the police officers involved in the incident. The PUCL, a prominent human rights organisation in India has written a letter to the State Human Rights Commission, expressing shock over the incident and further asking the Commission to take actions against the officers responsible for the firing and those who are still engaged in assaulting tribal persons. The letter is available here.
 
SUGGESTED ACTION:
 
Please write to the authorities named below seeking an intervention in the case. The AHRC is also writing to the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people seeking an intervention in the case.
To support this appeal, please click here:

SAMPLE LETTER:

Dear _________,
 
INDIA: The government must investigate the police firing in Narayanpatna
 
Name of victims:
1. Mr. Kendruka Singanna, Podapadar village, Narayanpatna Block, Koraput district, Orissa
2. Mr. Andru Nachika, Bhaliaput village, Narayanpatna Block, Koraput district, Orissa
3. 60 other persons injured in the police firing who are yet to be identified

Name of alleged perpetrators:
1. Mr. Gouranga Charan Sahu, Officer-in-Charge, Narayanpatna Police Station, Koraput district, Orissa
 
Date of incident: Since 20 November
Place of incident: Narayanpatna Police Station

I am writing to express my concern regarding the police firing reported from Narayanpatna, Koraput district, Orissa.

I am informed that on 20 November, the police opened fire at an unarmed crowd gathered in front of the Narayanpatna Police Station at close range killing two persons on the spot and injuring 60 others. Under orders from Mr. Gouranga Charan Sahu, the Officer-in-Charge of the police station, police officers from the Orissa state police, the Indian Reserve Battalion, Central Reserve Force and the Cobra Battalion fired 300 rounds at the people. The people were unarmed and were posing no threat to the police or to the station. The police even shot pedestrians and street side vendors injuring several of them.

I am informed that the crowd had gathered in front of the police station requesting the Officer-in-Charge to discuss with them about their grievances and that the officer refused to listen and further verbally abused the people. The police locked the gate preventing anyone from entering the station.

I am informed that Ms. Kumudini Behera and Mr. Kendruka Singanna, broke open the lock and entered the station compound demanding to meet the Officer-in-Charge. The two persons went inside the police station compound and soon the Officer-in-Charge started arguing with them. Without reason, the officer then ordered his armed men to open fire at the crowd, who by then had gathered inside the station compound.

The crowd was 200 strong, with women and children and were unarmed. I am disappointed to know that even after six days the state government has not ordered an investigation in the case, nor the officers involved in the incident suspended.

One of the deceased, Singanna, was shot ten times from behind. This shows the extent to which the police were concerned about following rules and regulations while engaging a crowd. The fact that the police fired 300 shots at close range at a gathering of 200 persons, even when they were fleeing from the station compound is yet another indication to the lack of command, discipline and responsibility of the officers involved in the incident.

I am also informed that about 60 persons are arrested in the past six days and that all of them are tribal persons. I am aware that the police are engaged in combating extreme leftist elements operating in the state. But that must not be an excuse to fire at will upon persons who have come to a police station to lodge a complaint. The information provided to me indicates that the Officer-in-Charge of the station threatened and insulted the people, than listening to them.

I am informed that owing to the fear of torture, detention and even murder at the hands of the police, most of the injured are refusing to get treatment in public facilities. This shows the extent to which the ordinary people have isolated from the state apparatus due to fear.
I therefore request you to intervene in the case.

The people have a right to know the truth behind the incident and it must be respected. This will also prevent the Maoists exploiting the volatile situation to their favour. For this the facts behind the incident must be exposed without any delay. There must be a public and impartial investigation in the case and the statements of the witnesses must be recorded guaranteeing their safety. At the least, all officers involved in the incident must be immediately suspended from active duty and be removed from the jurisdiction.

The media and the members of the civil society must be allowed access to the injured so that those who require immediate treatment is provided the same. Such a move will also facilitate to diffuse the tension prevailing in the area.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. P Chidambaram
Union Minister of Home Affairs
Ministry of Home Affairs, 104-107 North Block
New Delhi 110 001
INDIA
Fax: +91 11 23094221
Email: hm@nic.in

2. Justice K. G. Balakrishnan
Chief Justice of India
Tilak Marg, New Delhi 110 011
INDIA
Fax: +91 11 23381508

3. Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi 110 001
INDIA
Fax: +91 11 23384863

4. Mr. Naveen Patnaik
Chief Minister
Through the office of the Principal Secretary
Home Department, Government of Orissa
Bhubaneswar, Orissa
INDIA           
Email: homesec@ori.nic.in
Fax:   +91 674 25351006

5. Director General of Police
Government of Orissa
Bhubaneswar, Orissa
INDIA
Fax: +91 671 2304033

6. Mr. Gadadhar Parida
District Collector
Koraput, Orissa
INDIA
Fax: +91 6852 250466
 
7. Dr. Deepak Kumar
Superintendent of Police, Koraput
Orissa
INDIA
Fax: +91 6852 250902

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-162-2009
Countries :
Issues :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.