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INDIA: Police shooting leaves nine protestors dead in Orissa; policeman also killed in the incident

January 11, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

11 January 2006
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UA-016-2006: INDIA: Police shooting leaves nine protestors dead in Orissa; policeman also killed in the incident

INDIA: Eviction; Improper compensation; Crude autopsy procedures
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM, a human rights organisation in West Bengal, about the police shootout at protestors in Orissa, India which has resulted in the confirmed death of nine persons. There are also reports from various sources that the total death toll will be at least 16.

It is alleged that on 2 January 2006, the protestors, mostly members of the indigenous communities of Chandia, Gobarghati and Champaloila villages of Jaipur district Orissa were protesting against improper compensation paid for acquiring their land for a project to be undertaken by the industrial giant Tata Iron & Steel Company (TISCO) at Kalinga Nagar, in Jaipur district, Orissa. It is also alleged that the protestors clashed with the police, who were also present. The police then fired to disperse the protestors, resulting in nine confirmed deaths and several persons injured.  A police constable was also killed in the incident, allegedly by one of the protestors. Those who were killed were subject to postmortem examination and it is alleged that when the bodies were handed over to the relatives the palms from all nine bodies were removed during the autopsy procedure.

The Asian Human Rights Commission (AHRC) is deeply concerned about this case and calls for your urgent intervention. The entire incident must be inquired into by an independent body. The allegation of inadequate and improper compensation along with reports that the palms of the deceased were removed during the autopsy must also be inquired into. There are allegations that the police used excessive force to disperse the crowd and the entire incident could have been avoided had the authorities intervened properly.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Name of the victims: Mr. Sudam Barla, Mr. Govind Laguni, Mr. Janga Jarika, Mr. Landu Jarika, Mr. Ati Jamuda, Mr. Mukuta Bankira, Mr. Dedghi Taria, Mr. Bhagat Sae, Mr. Ram Gagrai and Mr. Gopa Prasad Mohanty (police constable)
Date and place of the incident: 2 January 2006, at about 11.00 at Nuagaon village under Kalinga Nagar police station, Jajpur district, Orissa, India

Case details:

The Tata Iron & Steel Company (TISCO) is a huge steel plant at Nuagaon village in Jaipur district, Orissa. According to Indian laws the land acquisition is to be completed by the State Government for which the beneficiary will deposit the land value with the government, which the government must distribute among those who lose their land by the land acquisition. However, in Nuagaon, it is alleged that the Government failed to assess the land value properly and also further failed to reallocate land to those who lost land due to the acquisition. Most of those who lost land in Nuagaon are from the indigenous community in Orissa. It was to protest against this injustice the members from the indigenous communities and their supporters gathered at the venue of the inauguration of construction of the steel plant at Nuagaon on 2 January 2006.

It is reported that when the representatives from TISCO arrived at the venue, the protestors who had gathered at the venue, started raising slogans against the government and the company and were demanding proper rehabilitation and compensation. It is alleged that the group gathered at the venue were armed with tribal weapons, including bows and arrows. It is alleged that the group started attacking the police who were deployed at the venue to prevent the protestors from disrupting the function when the police tried to prevent the protestors from storming the venue. There is also an allegation that the police first attacked the protestors in an attempt to disperse the crowd.

It is reported that soon the protest and the attempt to prevent it became out of control which resulted in the police firing at the crowd to disperse it. It is also alleged that the crowd attacked the police, which resulted in the death of a constable, and therefore the police shot back in retaliation. Several others including the police and the protestors were injured in the incident.

The dead bodies were later transferred to hospital where postmortem examinations were carried out. It is alleged that the bodies when handed over to the relatives who found that the palms of the deceased were missing. When the relatives inquired with the authorities as to why this was the case, they were informed that the palms were removed to preserve the identity of the diseased. As of today the AHRC is informed that the state administration has announced compensation of Rs. 1,00,000.00 (USD 2,273) per person who died in the incident and also free medical aid to those who were injured.

In this context the AHRC would also like to bring to your attention that autopsy procedures in India are extremely crude and often not carried out in compliance with standards required for gathering scientific evidence. The AHRC during numerous occasions in the past has appealed that it is high time that the autopsy procedures in India are reviewed and changes introduced at least to the minimum level that the dead bodies are treated with respect.

Suggested action:

The AHRC is deeply concerned about this case and request your immediate intervention. Please write a letter to the addresses listed below expressing your concern about this case. The entire incident which led to the police firing and the allegations of inadequacy of compensation must be investigated by an independent body. Also the allegations regarding the crude procedures adopted at the autopsy must also be investigated.

Sample letter:

Dear …

INDIA: Police shooting leaves nine protestors dead in Orissa; policeman also killed in the incident

Name of the victims: Mr. Sudam Barla, Mr. Govind Laguni, Mr. Janga Jarika, Mr. Landu Jarika, Mr. Ati Jamuda, Mr. Mukuta Bankira, Mr. Dedghi Taria, Mr. Bhagat Sae, Mr. Ram Gagrai and Mr. Gopa Prasad Mohanty (police constable)
Date and place of the incident: 2 January 2006, at about 11.00 at Nuagaon village under Kalinga Nagar police station, Jajpur district, Orissa, India 

I am writing to you expressing my concern about the recent police firing in Nuagaon, Jaipur district, Orissa which resulted in the death of a police constable and nine other confirmed deaths. I am informed that the reason why the tribal communities were protesting against the Tata Iron & Steel Company (TISCO) project was because of improper compensation for the land acquired and failure of proper rehabilitation. I am also concerned about the manner in which the autopsy was conducted upon those who were killed in the firing. It is highly disturbing to note that the palms were removed from the bodies before the bodies were handed over to the relatives. Given the fact that India is equipped with the most modern facilities in fingerprinting and DNA sampling it is questionable why the bodies were dismembered for preserving records. This incident also shows how poorly assessable the available resources on forensic facilities are for the entire country. It also shows the lack of respect shown to human bodies during the autopsy.  

I therefore call upon you to take all necessary steps to inquire into the entire incident which lead to the police firing and the allegations of inadequacy of compensation distributed among those who lost their land for the TISCO project. I also request you to initiate actions to inquire into the allegations regarding the crude procedures adopted at the autopsy. I also request you to make sure that the distribution of compensation amount promised by the state government to the families of the deceased is distributed promptly and that those who are currently undergoing treatment are given free and appropriate medical care as promised by the state administration.

Yours sincerely,

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PLEASE SEND LETTERS TO:

1. Mr. Naveen Patnaik
Chief Minister
Navin Niwas Aerodrom Area
Bhubaneswar
Orissa
INDIA
Fax: +91 370 2503100

2. Dr. Subas Pani
Chief Secretary
Orissa State Guest House
Bhubaneswar, Orissa
INDIA
Fax: +91 370 2536660

3. Mr. Justice A. S. Anand
Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi-110001
INDIA
Tel: +91 11 23074448
Fax: +91 11 2334 0016
E-mail: mailto:chairnhrc@nic.in

4. Justice Mr. D.P. Mohapatra 
Chairperson, State Human Rights Commission
Mohantypara, Kafla Bazar, Cuttack-2 Orissa
INDIA
Fax: +91 674 2405094

5. Mr. Binod Bihari Mohanty
Collector & District Magistrate
Jaipur, Orissa
INDIA
Fax: + 91 6815 2222464

6. Mr. Rajesh Kumar I.P.S
Superintendent of Police
Jaipur, Orissa
INDIA
Fax: +91 6815 222533

7. Mr. Rodolfo Stavenhagen
The UN Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)

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 (general)
Email: lventre@ohchr.org


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-016-2006
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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.