INDIA: Evicted family being denied support by the police in Jalangi, Murshidabad District, West Bengal 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-259-2006
ISSUES: Land rights, Poverty & adequate standard of living,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its local partner in India, MASUM concerning the eviction of a family from their home, the lack of police action and medical assistance as well as the impunity of the persons who attacked them and force them from their home.

According to the information we have received, on 1 January 2006, Mr. Sajidur Rahman and his family members, including his parents and younger brothers Ayeb Nabi and Ihan Nabi, of Gouripur village, Jalangi police station, Murshidabad district, West Bengal, India were reportedly attacked by a group of persons, who beat them and forced them from their home. The alleged perpetrators are named: Sattar Sekh, Muslim Sekh, Taslem Sekh (sones of the late Hari Sekh); Ainal Sekh (son of Ichhak Sekh); Aaji Sekh, Ayen Sekh (sons of Moslem Sekh); Hanif Sekh, Isab Sekh (sons of Taslem Sekh); and Md. Tunus Sarkar, a Member of the Legislative Assembly (MLA) of Jalangi.

On January 2, these persons reportedly took full advantage of the police’s inaction and proceeded to kill Mr. Sajidur Rahman’s fishes, the market value of which are estimated at over 100,000 rupees (USD 2150), and then gutted their thatched hut beside the pond. Mr. Sajidur Rahman’s wife, Sufia Biwi then went to the Jalangi police station to lodge a complaint with regard to this, but again the police refused to accept it.

The afore-mentioned victim and his family are to date reportedly unable to return to their home and are currently living in their releative’s house far way from their own house. The said MLA reportedly led the attack and forced eviction, while the police remained idle bystanders, failing to intervene in order to protect Mr. Sajidur Rahman and his family from the attack. The alleged perpetrators mentioned above reportedly attacked the family members with iron rods and lathis (wooden sticks) causing them injuries. Mr. Sajidur Rahman’s parents reportedly received the worst injuries as a result of the attacks. Following this, the family went to Jalangi Police Station to lodge a complaint, but the officer on duty at the time refused to accept it.

In an attempt to receive medical assistance, Mr. Sajidur Rahman and his family members went to hospital, but the hospital authority reportedly refuse to treat them. It is reported that the alleged perpetrators mentioned above had influenced the hospital authority to reject the victims. The family members were later able to receive treatment at Sadikhan’s Diyar Hospital. However, the medical attention was not deemed sufficient there, so the moved after 15 or 16 days to the Baharampur Nursing Home, where they continued to receive treatment for some days.

The actual reason of the attack is still unknown. However, Mr. Sajidur Rahman said that he was an activist of the ruling Communist Party of India Marxist (CPIM) in West Bengal but left the party and joined the opposition Congress Party. His family believes that this is the reason behind the attack.

The alleged perpetrators continue to act with impunity and have reportedly continued to threaten the victims, including death threats against Mr. Sajidur Rahman, but he and his family have still not received protection from the police. Mr. Sajidur Rahman, his family and their livestock are reported to be suffering from a severe lack of food as a result of their predicament.

Mr. Sajidur Rahman has repeatedly contacted the police since January 1, 2006, including the Circle Inspector and Sub Divisional Police Officer in Domkal, Murshidabad district and the Superintendent of Police, Murshidabad, but no action has been taken against the alleged perpetrators or in favour of the victims as yet.

SUGGESTED ACTION:
Please write to the authorities in India seeking their intervention. The perpetrators should be punished for their actions, along with the members of the police that failed to provide protection and assistance to the victims, and Mr. Sajidur Rahman and his family should be allowed to return to their home and receive adequate compensation for their losses.

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SAMPLE LETTER

Dear _____________,

INDIA: Forced eviction; assault; government and police inaction

Name of victim: Mr. Sajidur Rahman, the son of Mr. Ichahak Mondal of Gouripur village, P.S- Jalangi, in Murshidabad district, and his family members, including his parents and younger brothers Ayeb Nabi and Ihan Nabi.
Name of the alleged perpetrators: Sattar Sekh, Muslim Sekh, Taslem Sekh (sones of the late Hari Sekh); Ainal Sekh (son of Ichhak Sekh); Aaji Sekh, Ayen Sekh (sons of Moslem Sekh); Hanif Sekh, Isab Sekh (sons of Taslem Sekh); and Md. Tunus Sarkar, a Member of the Legislative Assembly (MLA) of Jalangi.
Date of incident: 1 January 2006 to date

I am gravely concerned about information that I received concerning the eviction of a family from their home, the lack of police action and medical assistance as well as the impunity of the persons who attacked them and force them from their home.

According to the information received, on January 1, 2006, Mr. Sajidur Rahman and his family members, including his parents and younger brothers Ayeb Nabi and Ihan Nabi, of Gouripur village, Jalangi police station, Murshidabad district, West Bengal, were reportedly attacked by the group of alleged perpetrators listed above, who beat them and forced them from their home.

The afore-mentioned victim and his family are to date reportedly unable to return to their home and are currently living in a relative’s house far away from their own house. The MLA reportedly led the attack and forced eviction, while the police remained idle bystanders, failing to intervene in order to protect Mr. Sajidur Rahman and his family from the attack. The alleged perpetrators mentioned above reportedly attacked the family members with iron rods and lathis (wooden sticks) causing them injuries. Mr. Sajidur Rahman’s parents reportedly received the worst injuries as a result of the attacks. Following this, the family went to Jalangi Police Station to lodge a complaint, but the officer on duty at the time refused to accept it.

In an attempt to receive medical assistance, Mr. Sajidur Rahman and his family members went to hospital, but the hospital authority reportedly refuse to treat them due to alleged influence from the perpetrators. The family members were later able to receive treatment at Sadikhan’s Diyar Hospital and moved after 15 or 16 days to the Baharampur Nursing Home, where they continued to receive treatment for some days.

On January 2, 2006, these persons reportedly took full advantage of the police’s inaction and proceeded to kill Mr. Sajidur Rahman’s fishes, the market value of which are estimated at over 100,000 rupees (USD 2150), and then gutted their thatched hut beside the pond. Mr. Sajidur Rahman’s wife, Sufia Biwi, then went to the police station to lodge a complaint with regard to this incident, but again the police refused to accept it.

The actual reason of the attack is still unknown. However, Mr. Sajidur Rahman said that he was an activist of the ruling Communist Party of India Marxist (CPIM) in West Bengal but left the party and joined the opposition Congress Party. His family believes that this is the reason behind the attack.

The alleged perpetrators continue to act with impunity and have reportedly continued to threaten the victims, including death threats against Mr. Sajidur Rahman, but he and his family have still not received protection from the police. Mr. Sajidur Rahman, his family and their livestock are reported to be suffering from a severe lack of food as a result of their predicament.

Mr. Sajidur Rahman has repeatedly contacted the police since January 1, 2006, including the Circle Inspector and Sub Divisional Police Officer in Domkal, Murshidabad district and the Superintendent of Police, Murshidabad, but no action has been taken against the alleged perpetrators or in favour of the victims as yet.

In light of the above, I strongly urge you to order an impartial and thorough investigation into this case and bring those responsible to justice as soon as possible. The police officers, who neglected their duty by constantly refusing filing the victims’ complaints that led no investigation into the incident, should also be punished by law. Human Rights Commission must take up this case and conduct an investigation into this matter and take action to provide protection to the victims who are under serious threats. I also urge you to ensure that the victims receive adequate compensation for their loss and sufferings.

I ask that action be immediately taken into this matter.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Srikumar Mukherjee
Minister of State
Government of West Bengal
Writers Buildings
Kolkata-1
West Bengal
INDIA
Fax: +91 33 2214 4052
Email: moshome@wb.gov.in

2. Mr. Buddhadeb Bhattacharjee
Chief Minister and Minister in Charge of Home (Police) Department
Government of West Bengal
Writers’ Buildings
Kolkata – 700001
West Bengal
INDIA
Tel: +91 33 2214 5555 (O) / 2280 0631 (R)
Fax: +91 33 2214 5480
Email: cm@wb.gov.in

3. Mr. P.R. Ray
Home Secretary
Government of West Bengal
Writers’ Buildings
Kolkata – 700001
West Bengal
INDIA
Tel: +91 33 2214 5656
Fax: +91 33 2214 3001
Email: sechome@wb.gov.in

4. 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: chairnhrc@nic.in

5. Mr. Shivraj V. Patil
Home Minister
Ministry of Home Affairs
Jaisalmer Hosue
New Delhi
INDIA
Fax: +91 11 23094221/ 23794833

6. Mr. Miloon Kothari
Special Rapporteur on adequate housing
UNOG-OHCHR
CH-1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9265
Fax: +41 22 917 9010 (ATTENTION: SPECIAL RAPPORTEUR ADEQUATE HOUSING)

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : UA-259-2006
Countries : India,
Issues : Land rights, Poverty & adequate standard of living,