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INDIA: Police kill adivasis, arrest activist for protesting rape

July 8, 2001

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION <br>
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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM <br>
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09 July 2001 <br>
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UA-22-2001 - Police kill adivasis, arrest activist for protesting rape <br>
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INDIA: Attempted rape with impunity, denial of freedom of assembly, murder by police with impunity, detention under false charges. <br>
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On June 25, following the release from custody of a politician suspected of raping a local tribal woman, the tribal (adivasi) community of Puntamba, Ahemednagar district, Maharashtra State, organised an unarmed protest at the police station. The protest was organised spontaneously by the Adivasi Bhoomi Hakka Andolan (Tribal Land Rights Movement) in reaction to the release of the politician on bail and the downgrading of charges against him to 'molestation'. Not only did the police ignore their demands to re-imprison the suspected rapist, they in fact fired on the tribal protestors, killing two of the movement's leaders - Pradeep Dushing and Indu Manjare - by shooting them in the back at close range as they ran away. They appear to have been selectively targeted by the police. A further person was killed and 37 others injured as the police fired shots into the 250-300 strong crowd comprised mostly of women and children. <br>
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Mr. John Abraham (a man who has worked for the rights and upliftment of this community for almost 10 years but at the time of the incident was 120 km away in Aurangabad) was arrested, along with his wife Reena and 13 co-workers for attempting to kill the local police Assistant Sub-Inspector and conspiring to commit arson. They have apparently been maltreated in custody, with Mr. Abraham even being tied with rope when produced before the magistrate. They remain in custody, and the police responsible for the killings remain unreprimanded and the politician released for the rape charges also remains free. <br>
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The three women arrested were apparently remanded to prison on 28 June, while the 12 men were remanded to police custody. Those in police custody are particularly vulnerable to torture. <br>
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BACKGROUND (provided by Amnesty International) <br>
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There are over 70 million adivasis in India, around eight per cent of the population. After independence in 1947, India made special provisions to protect their rights, enacting special legislation to protect areas of adivasi land from encroachment. However, their traditional community rights have come under pressure from powerful interests in a country where there is intense competition for land and resources. Illegal occupation of land traditionally owned by adivasis is made easier by the fact that adivasis often do not possess land records and much of their land is communally owned. <br>
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Tension has been mounting in Kopargaon district because of a dispute over a piece of land owned by the Maharashtra State Farming Corporation (MSFC). Landless adivasis have been living on the part of the land not under MSFC cultivation, and the Maharashtra government had been planning to redistribute this surplus land among landless adivasis. An activist has alleged that the land has now been handed over to a public sector company that was set up by the MSFC to stop the land being handed over to the adivasis. Adivasis have recently increased their campaign for their rights over this land. <br>
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SUGGESTED ACTION <br>
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Please write to the Chief Minister of Maharashtra with a copy to the National Commission for Scheduled Castes and Scheduled Tribes and the Maharashtra Commission on Human Rights calling for: <br>
- the release of Mr. &amp; Mrs. Abraham and their 13 coworkers as the charges are baseless and politically motivated, <br>
- the suspension of the police officers responsible for the killings and injuries, pending a transparent judicial inquiry into the incident and prosecutions <br>
- proper trial of the politician suspected of the initial rape case <br>
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SEND LETTERS TO <br>
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Vilasrao Deshmukh <br>
Chief Minister of Maharashtra <br>
Office of the Chief Minister <br>
Mantralaya <br>
Mumbai 400 032 <br>
Maharashtra <br>
INDIA <br>
FAX: + 91 22 2029214 <br>
SALUTATION: Dear Chief Minister <br>
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Smt. Vibha Parthasarathy <br>
Chairperson <br>
National Commission for Scheduled Castes and Scheduled Tribes <br>
c/- The National Human Rights Commission <br>
Sardar Patel Bhavan <br>
Sansad Marg, New Delhi - 110 001 <br>
INDIA <br>
FAX: (91 11) 334 0016 <br>
EMAIL: nhrc3@alpha.nic.in <br>
SALUTATION: Dear Commissioner <br>
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Justice Shri Arivind Sawant <br>
Chairperson <br>
Maharashtra Human Rights Commission <br>
MUMBAI, INDIA <br>
FAX No. 91 22-2885858 <br>
SALUTATION: Dear Justice Shri Arivind Sawant <br>
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Document Type :
Urgent Appeal Case
Document ID :
UA-22-2001
Countries :
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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.