Home / News / Urgent Appeals / INDIA: Brutal custodial torture of two men from the tribal community in Areth police outpost of Surat District, Gujarat

INDIA: Brutal custodial torture of two men from the tribal community in Areth police outpost of Surat District, Gujarat

November 21, 2005

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

21 November 2005

----------------------------------------------
UA-215-2005: INDIA: Brutal custodial torture of two men from the tribal community in Areth police outpost of Surat District, Gujarat

INDIA: Police torture, atrocities against tribal, fabrication of charges and blatant violation of law
----------------------------------------------
Dear friends

The Asian Human Rights Commission (AHRC) has received information regarding the brutal custodial torture of two tribal men at Areth police outpost in Surat District, Gujarat, India. According to information received Mr. Dinu Gurjibhai Gamit and Mr. Rameshbhai Melekbhai Gamit, aged 33 and 32 years, who belong to the tribal community were fighting against an illegal quarry being run by a local. The quarry is alleged to be polluting the environment and also causing devastation to the agriculture in the local village. It is also alleged that the explosions carried out in the quarry is a threat to the life of the villagers living nearby and that the quarry owner had encroached into local grazing land.

The two victims who are also elected members of the local Gram Panchayat had in the recent past lobbied against the quarry and had managed to pass a resolution against the quarry in the Gramsabha to have it closed. It is informed that in retaliation to the resolution the quarry owner Mr. Haribhai Parmar influenced the local police and managed to register false charges against the two victims. Even though the victims were produced in court on November 9 and granted bail on the same day, they were held in custody by the police overnight. On November 10 the police took them to Areth police outpost where they were brutally beaten up in public. The victims as of now are undergoing medical treatment and their complaint against the police officers has been turned down.

The AHRC is deeply concerned about this incident and calls for your urgent intervention in this case. In India it is often the case that the wealthy and the influential use the police to impart a reign of terror to meet their personal interests against the poor and marginalised and especially the tribal and the dalits. Please ask the Director General of Police to order an impartial inquiry into this incident and see that the perpetrators are duly punished.  Adequate compensation must also be provided to the victims for the injuries they sustained and for their illegal detention.

Urgent Appeals Programme
Asian Human Rights Commission
----------------------------------------------
DETAILED INFORMATION:

Name of the victims:
1. Mr.Dinu Gurjibhai Gamit, aged 33 years, residing at Motherkui village, Surat District, Gujarat, India
2. Mr. Rameshbhai Melekbhai Gamit, aged 32 years, residing at Motherkui village, Surat District, Gujarat, India
Alleged perpetrators:
1. Mr. Abhijit Parmar, Sub Inspector
2. Mr. Jayant Gamit, Police Constable
3. Mr. Shailesh Gamit, Police Constable
4. Mr. Khuman Vasava, Police Constable
5. Mr. Ratilal Chaudhai, Police Constable
6. Mr. Mahendra Patel, Police Constable
7. Mr. Rohidas, Police Constable attached to Areth police outpost
Of the above police officers 1 to 6 are attached to Mandvi police station, Surat, Gujarat
8. Mr. Haribhai Parmar, (quarry owner) residing at 8384 Morar Nagar, opposite Vrishabh Appartments, Rander Road, Surat, Gujarat, India
Place of the incident: Areth police outpost under the jurisdiction of Mandvi police station, Surat District
Date of the incident: 10 November 2005

Case details:

The victims, Mr. Dinu Gurjibhai Gamit and Mr. Rameshbhai Melekbhai Gamit are two tribals from Motherkui village who are also the elected representatives to the local Gram Panchayat (local body). The victims in the past had lobbied in the Gramasabah for a resolution by the Panchayat to stop the operation of a local quarry, which is causing havoc to the environment and is a threat to the villagers. The illegal quarry run by one Mr. Haribhai Parmar is causing problems like tampering the water table in the locality and polluting the environment with the dust generated from it. The occasional blasts carried out in the quarry are also a threat to anyone living nearby. The quarry has also encroached into local grazing lands.

The resolution passed by the Gramasabah was communicated to the authorities who refused to intervene. Meanwhile the owner of the quarry, who was on inimical terms with the two victims for their activity against the functioning of the quarry, managed to influence the local police and register a case against the victims on an allegation that the victims had forcefully entered into the office of the quarry and had caused damages to property. In the complaint it is also alleged that the victims demanded Rs. 20,000.00 (USD 438) from the quarry owner to stop their campaign against the quarry.

The complaint dated 8 November was registered as crime number 113/2005 at Mandvi police station, the local police station entertaining jurisdiction over the area. The case against the victims was registered under Sections 385 (putting persons in fear of injury in order to commit extortion), 448 (house trespass), 504 (intentional insult with intent to provoke breach of the peace), 506 (criminal intimidation), 427 (mischief causing damage to the amount of fifty rupees) and 114 (abetment of a crime).

Upon learning of these charges, Dinu surrendered to the police on November 9. His friend Rameshbhai was arrested on November 8; the day on which the complaint was registered. The Sub Inspector tortured Rameshbhai while he was in custody on November 8 at the Mandvi police lock up. Later the Mandvi police produced the victims before the Magistrate Court Bardoli. The Magistrate granted bail to the victims and ordered their release. However, the police registered a new case against the victims on the same day and they were therefore detained in custody on the night of November 9 at the police station.

On November 10 the victims were taken to Areth police outpost within the jurisdiction of Mandvi police station. The victims and the police reached Areth by about 10 am. Soon after the police officers started beating up the victims with sticks and poles in the presence of the local people who had also gathered at the outpost. While continuing the beating the police asked them to fall on their knees and once the victims did this the police started beating them on their buttocks. The beatings continued for some time, together with verbal abuse and threats made by the police to the victims to stop complaining about the quarry. As a result of the torture the victims were unable to walk.

The following is the medical report detailing the injuries sustained by the victims. The medical report was issued on November 10 by the Rural Health Centre, Mandvi.

Certificate issued to Mr. Dinu Gurjibhai Gamit

This is to certify that Mr. Dinu Gurjibhai Gamit aged about 36 years residing at Motherkui, Mandvi, Surat District came to Rural Health Centre and Child Health Centre Mandvi Distrcit at 06.15 pm on 10 November 2005 without police escort.

He was examined by me and the following has been noted:

History of injury due to beating by four police officers on 10 November 2005 at about 10.30 am by a stick.

Injuries noted on examination:

1. Bruise over right leg anterior surface of thigh region, swelling and tenderness present
2. Multiple bruises over the back of right leg, tenderness and swelling present
3. Multiple bruises over the back of left leg, tenderness and swelling present
4. Multiple bruises over both buttocks, tenderness and swelling present
5. Blunt injury on the sole of the feet, tenderness and swelling present

Treatment given: The patient is hospitalized for treatment as an inpatient

According to my opinion the above injury may be caused by a hard/blunt object

(signature)
Dr. C. C. Patel
Rural Health & Child Care Centre Mandvi
10 November 2005

Certificate issued to Mr. Rameshbhai Melekbhai Gamit

This is to certify that Mr. Rameshbhai Melekbhai Gamit aged about 35 years residing at Motherkui, Mandvi, Surat District came to Rural Health Centre and Child Health Centre Mandvi Distrcit at 05.45 pm on 10 November 2005 without police escort.

He was examined by me and the following has been noted:

History of injury due to beating by four police officers on 10 November 2005 at about 10.30 am by a stick.

Injuries noted on examination:

1. Multiple parallel bruises over back of right leg, eight in number, tenderness and swelling present
2. Three parallel bruises over back of left leg, tenderness and swelling present
3. Multiple bruises over both right and left buttock, tenderness and swelling present
4. Blunt injury to the sole of feet, tenderness and swelling present

Treatment given: The patient is hospitalized for treatment as an inpatient

According to my opinion the above injury may be caused by a hard/blunt object

(signature)
Dr. C. C. Patel
Rural Health & Child Care Centre Mandvi
10 November 2005

----------------------------------------------------
The second victim Mr. Rameshbhai Melekbhai Gamit gave a statement to a local human rights group. The following is the statement of Mr. Rameshbhai as received by the AHRC:

Rameshbhai Melekbhai Gamit is 32 years old. He is a farmer. He is also an elected member of the Gram Panchayat (village local body). His wife’s name is Radhaben. She is 29 years old. They have a daughter aged 13 years named Heenaben and a son aged 11 named Hiteshbhai.

Fours years back, I was elected as a member of the Gram Panchayat. Ever since, I have been quite active in the development of the village. Divanbhai [1st victim] is my friend and both of us tried to work together for the development of the village. But the Sarpanch (Chairperson of the village) of the Village Panchayat did not like it as he was interested in making money through foul means. So my friend and I used to come to arguments with the Sarpanch. Both of us used to play active role in Gramsabhas (village assembly) and raise many issues that concerned adivasis [tribal]. The Sarpanch did not like this since he was not getting chances to cheat the village people on development works.

In order to better the economic condition of our people, I tried hard to create a milk co-operative society in the village. At present I am one of the committee members of the society.

For the last 10 years or so, our village has been facing problems from pollution from a stone quarry which was started by a person from Surat. His name is Mr. Harilal Tulsibhai  Parmar. He started his quarry in the land belonging to the adivasis. After that he extended his quarry to the common land of the Village Panchayat. The land is owned by the Village Panchayat. This is very close to the village and is causing a lot of harm to the people and also damaging the land that belongs to the village. Mr. Harilal Tulsibhai Parmar also encroached the village grazing land. So I and my friend Dinubhai started opposing this vehemently. This irritated Mr. Harilal. He wanted to make quick money at the cost of the village people. He has his connection with the politicians and also the police. So he used to insult us and threaten us. But we did not give in. We wanted the common land of the village and we did not want this land to be used by vested interests. The encroachment had taken place in Survey no. 84 as per the government records.

So to prevent further encroachment, we met the people, and then called for the Gramsabha and made resolutions against this encroachment and wanted this encroachment to be removed so that the village people could live in peace. We sent forward this resolution to the concerned government departments and also to the elected members. But no one took any interest in this. Because of this, I and my friend Dinubhai were threatened often and were told to give up opposing the quarry.

On the 2nd of November, Dinubhai and I went to make a telephone call at the quarry. The watchman of the quarry did not allow us to use the phone. Since the watchman did not allow us to use the phone we argued with him to allow us to use the phone. Still he did not allow us. So we came off from the quarry. In the evening around 7.00 pm the watchman of the quarry informed this incident to Mr. Harilal the owner of the quarry. The watchman’s name is Bhikhabhai Vasava.

Taking advantage of this situation, Mr. Harilal, the owner of the quarry, filed a false complaint against both us on 8th November. On the same day in the evening at about 8.00 pm the police arrested me in my house. Then I was taken to Mandvi police station. There the Sub Inspector of Police tortured me. His name is Mr. Abhijit Parmar. Learning about my arrest, on the 9th, my friend Dinubhai, came to the police station. From Mandvi, we were taken to the First Class Judicial Magistrate, Bardoli.. We got bail from the court and were released also. Soon after this, the police registered a patty case against us under Section 107 of the Criminal Procedure Code [abetment of an offense]. We were kept at the police station on 9th night. Then on the 10th at about 10.00 am, we were taken to Areth village to the police outpost. The people of my village were not informed about this.

After taking us to Areth outpost, in the presence of 200 to 300 people, in the open, around six police men beat us up very brutally. While beating us up, the police were threatening us and shouting at us not to complain about the quarry in the future.

After beating us, the police took us back to Mandvi police station. From there, our village people took us to the Community Health Centre for treatment. We have been beaten up so much that we are not able to stand or sit or even lie down. Till 19th we were taking treatment at the government hospital. On 19th, we were discharged. But still we are not alright and the pain is unbearable. Besides the physical pain, the mental pain and humiliation of being beaten up in front of so many people in public and being abused, is intolerable.

We tried to make a complaint against the police men who beat us up. But our complaint was not entertained by anyone.

--------------------------------------------

The AHRC strongly condemns this atrocity meted out against two innocent tribal men for voicing their opposition to the quarry. This is not the first instance where the AHRC has reported cases involving human rights violations by the police instigated by the rich and influential in India. In fact the policing in India has deteriorated to such a state that anyone can use the police to seek revenge upon their rivals.

In this instance, since the two victims come from the tribal community, any offence committed against them must be registered under the Scheduled Caste, Scheduled Tribe (Prevention of Atrocities) Act.  Under the provisions of this Act, lodging false complaints and registering false charges against a member of the Scheduled Caste or Tribe is an offense punishable with imprisonment and fine. That apart, this is a clear case where the police officers involved in this case must be charged for assault and torture.

India has resisted from ratifying the International Convention against Torture on the pretext that its domestic mechanism and laws are capable of preventing custodial torture. However, in reality the existing domestic mechanism is not capable of preventing custodial torture and this case is yet another example of this. In spite of numerous findings of various courts in the country and the guidelines issued by the Supreme Court of India regarding arrest and detention, this case demonstrates how the laws are flouted and court orders disregarded on a daily basis. This is also a clear example to show the extent of impunity enjoyed by the police in India.

SUGGESTED ACTION:

Please write to the Director General of Police asking him to order an impartial inquiry into this incident and see that the perpetrators are duly punished and the victims are adequately compensated for their injury and loss.

Sample letter:

------------------

Dear Mr. Bhargava

INDIA: Brutal custodial torture of two men from the tribal community in Areth police outpost of Surat District, Gujarat

Name of the victims:
1. Mr.Dinu Gurjibhai Gamit, aged 33 years, residing at Motherkui village, Surat District, Gujarat, India
2. Mr. Rameshbhai Melekbhai Gamit, aged 32 years, residing at Motherkui village, Surat District, Gujarat, India
Alleged perpetrators:
1. Mr. Abhijit Parmar, Sub Inspector
2. Mr. Jayant Gamit, Police Constable
3. Mr. Shailesh Gamit, Police Constable
4. Mr. Khuman Vasava, Police Constable
5. Mr. Ratilal Chaudhai, Police Constable
6. Mr. Mahendra Patel, Police Constable
7. Mr. Rohidas, Police Constable attached to Areth police outpost
Of the above police officers 1 to 6 are attached to Mandvi police station, Surat, Gujarat
8. Mr. Haribhai Parmar, (quarry owner) residing at 8384 Morar Nagar, opposite Vrishabh Appartments, Rander Road, Surat, Gujarat, India
Place of incident: Areth police outpost under the jurisdiction of Mandvi police station, Surat District
Date of the incident: 10 November 2005

I am deeply concerned to hear about the custodial torture meted out to two innocent tribal youths at Areth police outpost under the jurisdiction of Mandvi police station, Surat District, Gujarat, India.

I am informed that the victims Mr. Dinu Gurjibhai Gamit and Mr. Rameshbhai Melekbhai Gamit, two tribal men aged 33 and 32 years were fighting against the illegal quarry run by one Mr. Haribhai Parmar which is alleged to be polluting the environment and also causing devastation to the agriculture in the Motherkui village. I am also informed that that the explosion carried out in the quarry is a threat to the life of the villagers living near by and that the quarry owner has also encroached into the grazing land.

The two victims who are also elected members of the local Gram Panchayat had in the recent past lobbied against the quarry and had managed to pass a resolution against the quarry in the Gramsabha to stop the quarry. I am informed that in retaliation to the resolution the quarry owner Mr. Haribhai Parmar influenced the local police and managed to register false charges against the two victims. Even though the victims were produced in court on 9 November and granted bail on the same day, they were held in custody by the police overnight. On 10 November the police took them to Areth police outpost where they were brutally beaten up in public. The victims as of now are undergoing medical treatment and their complaint against the police officers have been turned down.

I am deeply concerned about this incident and calls for your urgent intervention in this case. It is shocking to know that in India the wealthy and the influential could use the police to impart a reign of terror to meet their personal interests against the poor and marginalized and especially against the tribal and the dalits.

I therefore call upon you to order an impartial inquiry into this incident and see that the perpetrators are duly punished.  I also request you to take immediate steps to see to it that the police officers named above are suspended from service forthwith. Adequate compensation must also be provided to the victims for their injuries and illegal detention and the perpetrators must be made liable to pay the compensation. I also request you to urge the Government of India to ratify the International Convention against Torture and to come up with appropriate domestic legislations and to implement it without fail.

Yours sincerely,

------------

Please send letters to:

A. K. Bhargava, IPS
The Director General of Police
Police Head Quarters
Gandhinagar, Gujarat
INDIA
Tel: 91 79 23246333
Fax: 91 79 23246329

Please send copies to:

1. Mr. Narendrabhai Damordardas Modi
The Chief Minister & Home Minister
Block number 1, 5th Floor, New Sachivalaya
Gandhinagar, Gujarat
INDIA
Tel: 91 79 23232611
Fax: 91 79 23222101
Email. cm@gujaratindia.com

2. Mr. Mangubhai Chhaganbhai Patel
The Minister for Tribal Development, Forests and Environment
Block No. 1, 7th Floor, New Sachivalaya
Gandhinagar, Gujarat
INDIA
Tel: 91 79 23221186
Email. min-fine@gujarat.gov.in

3. 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. Ms. Vatsla Vasudeva
District Collector Surat
Collector’s Office
Nanpura, Surat
Gujarat
INDIA
Tel: 91 261 2471121
Fax: 91 261 2472419
Email. collector-sur@gujarat.gov.in

5. Mr. B. Jha, Deputy Superintend of Police
District Police Office
Kila, Muglisar
Surat, Gujarat
INDIA
Tel: 91 261 2479164
Fax: 91 261 2479174

6. Prof. Manfred Nowak
Special Rapporteur on the question of torture
Attn: Mr. Safir Syed
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: 41 22 917 9230
Fax: 41 22 917 9016 (general)
E-mail: ssyed@ohchr.org 


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-215-2005
Countries :
Issues :
Document Actions
Share |
Subscribe to our Mailing List
Follow AHRC
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.