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INDIA: Alleged killing of Nandigram villagers protesting against land acquisition by the state during a crash with CPI-M workers

January 16, 2007

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

16 January 2006
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UA-014-2007: INDIA: Alleged killing of Nandigram villagers protesting against land acquisition by the state during a crash with CPI-M workers 

INDIA: Violation of land rights; alleged multiple killings
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its partner organization MASUM in West Bengal regarding the alleged deaths during a protest in Nandigram, East Midnapore district, West Bengal against the state government's plan to acquire land for a Special Economic Zone(SEZ). According to the first fact-finding report done by MASUM, at least seven villagers were reportedly killed and at least 20 persons injured since 7 January 2007 to-date in the continuing violence in Nandigram. A 14-year-old boy, namely Biswajit Maity, was among those killed. The report alleges that state officials and the police have used excessive and unnecessary force and may be responsible for casualties among the protesters. The incident followed attacks on peaceful peasants who were protesting against the forced acquisition of their land for an automobile project at Singur in the Hooghly district, West Bengal on 2 December 2006 (See further: UA-393-2006).

CASE DETAILS:

Tension has been brewing in Nangiram block of Haldia- the site of a SEZ to be set up by the Indonesia-based Salim group- since 3 January 2007 when sporadic clashes between the police and villagers were reportedly sparked off by the leak of an order dated December 28 in which the Chief Executive Officer of the Haldia Development Authority lists the mouzas (small villages) to be acquired for a SEZ.

After that, through the night and into the early hours of 7 January 2007, clashes took place between workers of the Communist Party of India-Marxist (CPI-M), the ruling party of the West Bengal state and villagers, backed by the Krishi Jami Raksha (Save Farmland) Committee, which is also behind the protests against the acquisition of farmland in Singur. According to local newspaper reports, at least 6 people were killed and 20 others injured during the clashes but, according to unofficial estimates the death toll could be higher. Some victims bore bullet injuries while others were either beaten or stabbed to death. 

Despite serious tension in the area and villagers opposition against state government's industrial project, Chief Minister Buddhadeb Bhattacharjee reportedly said there would be no slowing down efforts to put industrialization on fast track.

While West Bengal Transport Minister Subhas Chakraborty claimed on January 8 that nine out of the eleven persons killed in the violence at Nandigram were CPI-M workers and blamed the opposition Trinamool Congress and Congress for inciting the villagers by misleading them over the issue of land acquisition, MASUM's fact-finding team collected vital information and a different version of the story from the villagers, whom they interviewed on January 7. The fact-finding team met victims at Nandigram Block Primary Health Centre, medicos, police officials, eye witnesses, government officials, political party leaders and panchayat members.

According to MASUM's fact-finding report, they received information from the eyewitnesses that at least 7 villagers were killed by gunfire starting from midnight and continuing until the morning of January 7. The identities of those killed, as alleged by the people but not yet verified are: Bharat Mondal, Biswajit Maity, Anukul Patra, Sankar Samanta, Sheikh Salim, Saud Ali, Kanai Bar, Sheikh Jahangir and Sujit Das.

As mentioned earlier, the fact-finding team also collected a different version of the incident from the people than that of the state government.

According to the villagers, during a joint meeting in the evening of 6 January 2007, local Trinamool Congress leaders informed the Superintendent of Police of East Midnapore district, Mr. Ashoke Datta and the Deputy Inspector General of Police (DIG) of Midnapore range, N. Rameshbabu of a possible attack organized and conspired by the private paramilitary group of the ruling CPI-M. The leaders also informed the two police officers that this paramilitary group would come through the bridge between Khejuri and Sonachuri as CPI-M workers camped there, allegedly to mobilize the miscreants from outside to attack the villagers in order to establish an SEZ at Nandigram. However, the said police officers failed to take this matter seriously.

Also several eye witnesses allegedly told the fact-finding team that at the time of incident, the bridge between Khejuri and Sonachuri was guarded by the police and they made way for the miscreants, led by the CPI-M, to organize the attacks on the villagers. The villagers further alleged that the entire operation of killing villagers was organized by the Member of Parliament from the Haldia Constituency, Mr. Lakshman Seth who was camping at Khejuri on 6 January 2007 and left before the attack began. It is also alleged that the police remained mute spectators, not marching into the strife torn villagers despite the violence.

The fact-finding team also met injured victims and their relatives at the Nandigram Primary Health Centre (PHC). They are Mr. Nokul Mondal (Photo 1) of Gangra village and Mr. Nishikanta Burman (Photo 2) of 7 no. Jalpai, who received bullet injuries at abdomen and chest respectively. Among those killed was a 14-year-old boy named Biswajit Maity, who was brought dead to the NAndigram PHC by a cycle rickshaw van (Photo 3). 

The police have confirmed with the fact-finding team that six deaths occurred but no case for murder was initiated till 5:00pm on 7 January 2007. The duty officers of Nandigram police station told the fact-finding team that case number 5/07 dated 7.01.2007 under section of 147/148/149 of Indian Penal Code, has been started suo moto. The dead bodies found were sent for post mortem examination but, strangely, no unnatural death cases were registered and there was no report of conducting inquest of dead bodies until 5:00pm on 7 January 2007. There has also been an allegation that illegal procedures have been adopted to destroy evidence and come up with a new story from the side of the government administration.

The fact-finding team further reported that the administration has completely broken down in the area. The team observed that there was no administrative presence and that the police failed to uphold the law; the entire area has been left open for misadventure. The team also reported that arms and ammunition are supplied in the area without restraint. The team also received a report from the local people that the police, the Rapid Action force (RAF) and men organized by the ruling CPI-M have been terrorizing the villagers.

Based on the information, the fact-finding team lodged a complaint with the District Magistrate of East Midnapore, Anil Agarwal, I.A.S., who was present at Nandigram police station, at about 4:00pm on 7 January 2007 but he did not acknowledge the receipt of the complaint.

Most of the roads leading to Nandigram and Dinabandhupur area were blocked by villagers who are apprehensive that their plots are about to be acquired for the SEZ.  They have dug up pathways, and damaged culverts in order to prevent the police and the armed forces of ruling parties from entering. No outsiders were allowed to enter Nandigram, Dinabdhupur and Sonachura. Therefore it was not possible to verify all the complaints and allegations collected by the fact-finding team. 

Meanwhile, on January 8, the state-wide strike was called by the opposition parties in protest against the violence in Nandigram, with 350 arrested for trying to enforce the shutdown. Senior Congress leader and former city Mayor Subrata Mukherjee, was arrested in the Gariahat area in south Kolkata while leading a procession in support of the strike.

On January 9, the police began moving into villages to set up camps at four places - Hazra Kata, Tekhali Bazar, Basulichak and Bhangabera bridge. There have also been reports of farmers carrying out attacks on local CPI-M offices in the area, forcing them to flee elsewhere.

BACKGROUND INFORMATION:

Since 3 January 2007, Nandigram has witnessed protests by local farmers after they came to know about a notification issued by authorities at the neighbouring Haldia port identifying their lands as sites to be acquired for the new chemical production project. This notification has since been withdrawn by the West Bengal government which has stated it would "exercise caution" while going ahead with the project.

The project reportedly requires at least 4,000 hectares of land for setting up a Special Economic Zone (SEZ) which would be jointly developed as a chemical hub by the state-owned Industrial Development Corporation and the Indonesia-based Salem group of companies. Another SEZ promoted by the same group is also reportedly planned in the Haldia area.

The protests at Nandigram followed unrest in Singur (West Bengal) in December 2006, when opposition parties and a number of farmers threatened with displacement by a state government move to acquire farm land for a Tata Motors' automobile manufacturing project prompted demonstrations.

However, Singur’s 997-acre acquisition was nothing compared with what the government plans at Haldia. The area involved here is 14,500 acres and the plans are the establishing of an SEZ including a mega chemicals and petrochemicals hub, and a shipyard.

The West Bengal state government plans to set up at least six other major industrial projects, including SEZs, in the state, necessitating the acquisition of at least 10,000 hectares of land. In a bid to boost national economic growth, India has been promoting SEZs across the country. The policy of acquiring land for such industrial projects has sparked protests from local communities fearing land displacement and threats to their sustainable livelihood.

To learn more about the matter relating to Singur, please refer to our previous appeals:

UA-393-2006: INDIA: Police violently assaulted peaceful peasants in West Bengal
UP-224-2006: INDIA: Journalists and protesters criticizing the brutal attack on Singur village protesters are severely injured by the police
UP-231-2006: INDIA: Alleged rape and killing of a girl increase tensions in Singur


SUGGUESTED ACTION:
Please write to the relevant authorities listed below and express your concern about this serious matter.

To support this appeal, please click:

Sample letter:

Dear _________,

INDIA: Alleged killing of Nandigram villagers protesting against land acquisition by the state during a crash with CPI-M workers 

I am writing to express my deep concern regarding the alleged deaths during the protest in Nandigram, East Midnapore district, West Bengal against the state government's plan to acquire land for a Special Economic Zone (SEZ).

According to the information I have received from a fact-finding report from a local human rights organization named MASUM, at several villagers were reportedly killed and at least 20 persons injured since 7 January 2007 to date in continuing violence in Nandigram. A 14-year-old boy namely Biswajit Maity was among those killed. The identities of those killed, as alleged by the people but not yet verified are: Bharat Mondal, Biswajit Maity, Anukul Patra, Sankar Samanta, Sheikh Salim, Saud Ali, Kanai Bar, Sheikh Jahangir and Sujit Das.

While the CPI-M party and government sources claim that most of dead people in the violence at Nandigram were CPI-M workers and blamed the opposition Trinamool Congress and Congress for inciting the villagers by misleading them over land acquisition, I have received different version of the incident alleged by the villagers.    

According to the villagers, during a joint meeting in the evening of 6 January 2007,  local Trinamool Congress leaders informed the Superintendent of Police of East Midnapore district, Mr. Ashoke Datta and the Deputy Inspector General of Police (DIG) of Midnapore range, N. Rameshbabu regarding a possible attack organized and conspired by the private paramilitary group of the ruling CPI-M. However, the said police officers failed to take up this matter seriously.

Several eye witnesses alleged that at the time of incident, the bridge between Khejuri and Sonachuri was guarded by the police and they made ways for the miscreants led by the CPI-M to organize the attacks on the villagers. It is also alleges that the police remained mute spectators, not marching into the strife torn villagers despite the violence. It is also alleged by the local villagers that state officials and the police have used excessive and unnecessary force and may be responsible for casualty of the protesters.

I was also informed that while the police confirmed six deaths at the place of occurrence on January 7, no case for murder was initiated till 5:00pm on 7 January 2007. The dead bodies found were sent for post mortem examination but no unnatural death cases were registered and there was no report of conducting inquest of dead bodies until 5:00pm on January 2007. I was further informed that the fact-finding team further reported that the administration was completely broken down in the area and that the arms and ammunition are supplied in the area without resistant.

I am sadden to acknowledge that this incident followed attacks on peasants who were protesting against the forced acquisition of their land for an automobile project at Singur in the Hooghly district, West Bengal on 2 December 2006. I believe that full consultation should have been done with affected villagers prior to make economic decisions that affect large population of the people's livelihood. Human rights should not been sacrificed in the name of development.

In light of the above, I strongly urge you to ensure that:

1. Independent judicial investigation is immediately conducted into the Nandigram violence and make the findings public.
2. Criminal proceedings are initiated against all state officials, including the police personnel, who are suspected of being responsible for killings of villagers and criminal conspiracy over the incident.
3. Immediate criminal proceeding is started against the said SP and the DIG for abetting for their failure to prevent the incident. 
4. Those detained without any specific charges at Nandigram are immediately released and peaceful protests are allowed.
5. Adequate compensation is given to the persons killed and injured victims.
6. Security and safety of the villagers are guaranteed forthwith.     
7. The total plan of acquiring land for SEZ is disclosed in detail to the public and conduct full consolation with affected villages on this issue before any economic decisions are made.

I look for your immediate intervention in this matter.


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PLEASE SEND YOUR LETTER TO:

1. Mr. Manmohan Singh
Prime Minister of India
Prime Minister's Office
Room number 152, South Block
New Delhi
INDIA
Fax: +91 11 23016857
Email: pmosb@pmo.nic.in

2. Mr. Buddhadeb Bhattacharjee
Chief Minister/ Minister of Home Department
Government of West Bengal
Writer's Building
Kolkata - 700 001
West Bengal
INDIA
Fax: +91 33 2214 5480/ 2214 1341

3. Justice Mr. Y. K. Sabharwal
Chief Justice of India
Through the Office of the Registrar General
Supreme Court of India
1 Tilak Marg, New Delhi
INDIA
Fax: +91 11 23383792
Email: supremecourt@nic.in

4. Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi -110001
INDIA
Fax: +91 11 2334 0016
Email: chairnhrc@nic.in

5. Chief Secretary
Government of West Bengal
Writers' Buildings, Kolkata - 700001
West Bengal
INDIA
Fax: +91 33 22144328

6. Home Secretary
Government of West Bengal
Writers' Buildings, Kolkata - 700001
West Bengal
INDIA
Fax: +91 33 22143001
Email: sechome@wb.gov.in

7. Mr. Miloon Kothari
Special Rapporteur on adequate housing
Attn: Ms. Cecilia Moller
Room 4-066/010
UNOG-OHCHR
CH-1211, Geneva 10
SWITZERLAND
Tel: +41 22 917 9265
Fax: +41 22 917 9010 (ATTENTION: SPECIAL RAPPORTEUR ADEQUATE HOUSING)

8. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR EXECUTIONS)

9. Mr. Jean Zeigler
UN Special Rapporteur on the Right to Food
c/o Mr. Carlos Villan Duran
Room 4-066, OHCHR, Palais Wilson,
Rue des Paquis 52, Geneva
SWITZERLAND
Tel: +41 22 917 9300
Fax: +41 22 9179010


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)


Document Type :
Urgent Appeal Case
Document ID :
UA-014-2007
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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.