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INDIA: Human rights activist facing threats for reporting cases in Uttar Pradesh

December 4, 2007

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

4 December 2007
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UA-335-2007: INDIA: Human rights activist facing threats for reporting cases in Uttar Pradesh

INDIA: Threats to human rights activist; corruption; intimidation
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the People's Vigilance Committee on Human Rights (PVCHR) regarding the recent threats to Dr. Lenin Raghuvanshi, the convener of the PVCHR in Varanasi, Uttar Pradesh state. It is reported that Dr. Lenin has been receiving calls over his telephone from unidentifiable telephone numbers threatening him that if the PVCHR continue reporting cases of hunger and starvation deaths from Uttar Pradesh state he will be shot dead and that the staff of the PVCHR will be implicated in false cases and the organisation forced to close down.

CASE DETAILS:

The AHRC has been contacted by Dr. Lenin Raghuvanshi at 8:21pm Hong Kong time today that he has been receiving anonymous life threatening calls in his mobile phone since 4:45pm, Indian Standard Time (IST). The callers are reportedly threatening Dr. Lenin that he would be shot dead and that the staff of the PVCHR charged with fabricated cases and his organisation, the PVCHR, forced to close down since the PVCHR has been reporting cases of starvation deaths and malnutrition from the Uttar Pradesh state, India.

In the past two years the PVCHR has been instrumental in reporting cases of starvation and malnutrition from Uttar Pradesh, of which the case of Pritam, a three-year-old boy from Ambedkarnagar district of the state, who died from starvation on 25 November 2007, has been widely reported in the state as well as national media. Since the media started covering the news, the local staff of the PVCHR who has been working in the village where Pritam lived, Mr. Manoj Kumar, also has been receiving threats. For further details regarding this case, please see UA-333-2007.

Once the news regarding Pritam's death started coming out through the media, print and electronic, the other political parties in the state also have taken up the opportunity to sling dirt at the state administration. The state Chief Minister Ms. Mayawathi has appeared in all television news channels at about 1pm IST alleging that the cases reported by the PVCHR are false and inflated. The cases reported by the PVCHR are based on authentic documents, which also include medical certificates from local hospitals concerning the physical condition of each victim.

THE AHRC IS ALSO IN POSSESSION OF THESE DOCUMENTS AT OUR HONG KONG OFFICE, SINCE THE PVCHR FROM THE BEGINNING WAS EXPECTING THIS BACKLASH BY THE STATE ADMINISTRATION.

It is unfortunate that state administration is denying the cases reported by the PVCHR and the AHRC, instead of taking immediate actions against the corrupt government officers, who by criminal neglect in their duty, has pushed innocent children and poor persons to die from starvation in the state.

The AHRC is aware that the state administration led by Ms. Mayawathi has in the past has taken strict actions upon cases that were reported by the AHRC and the PVCHR, which has resulted in improvement of the living conditions of the poor and vulnerable communities in the state. The AHRC and the PVCHR expects that the state administration would immediately contact Dr. Lenin to assess the situation and would take all necessary precautions to safeguard the life and security of Dr. Lenin, the PVCHR and its staff.

For further information regarding some of the cases reported by the PVCHR in 2007 please see HU-002-2007, HA-004-2007, HA-005-2007, HA-006-2007, HA-008-2007, HA-009-2007, HA-010-2007, HA-011-2007, HA-012-2007, HA-013-2007, HA-014-2007 and HA-015-2007. For further cases please see the website of Urgent Appeals.

SUGGESTED ACTION:
Please write to the authorities mentioned below expressing your concern about the incident and calling for an urgent intervention in the case. The AHRC is writing a separate letter to the Special Representative of the Secretary-General on the situation of human rights defenders calling for an intervention in this case.

To support this appeal, please click here:

Sample letter:

Ms. Mayawati
Chief Minister
Chief Minister's Secretariat, Lucknow
Uttar Pradesh
INDIA
Fax: + 91-522-2230002/2239234
Email: csup@up.nic.in 

Dear Chief Minsiter,

INDIA: Please enquire about the death threats to Dr. lenin Raghuvanshi of the PVCHR

Name of the victim: Dr. Lenin Raghuvanshi, Convener, the PVCHR, SA4/2A, Daulatpur, Varanasi district, Uttar Pradesh
Date of incident: November 4, 2007 at about 4:45pm (Indian Standard Time)

I am writing to express my concern regarding the case of Dr. Lenin Raghuvanshi, the convener of a local human rights organisation based in Varanasi, Uttar Pradesh. Dr. Lenin, as you might be aware, is the convener of the People's Vigilance Committee on Human Rights (PVCHR). I am informed that at about 4:45pm, Indian Standard Time, Dr. Lenin started receiving anonymous calls on his mobile telephone threatening him that he will be shot dead and that fabricated cases would be registered against the staff of the PVCHR and that the PVCHR will be forced to close down since the PVCHR has been bringing shame to the state. It is unfortunate that you, as the Chief Minister of the state, have appeared on all major television channels alleging that the PVCHR and the AHRC has been reporting false cases from Uttar Pradesh just hours before Dr. Lenin started receiving anonymous threatening calls.

I am informed that the copies of the records like medical certificates of the victims of all the cases reported by the PVCHR from Uttar Pradesh has been also transferred to the AHRC office in Hong Kong for their verification and safe custody on a regular basis.

I am informed that the state administration in the recent past was in fact positively responding to all the cases reported by the PVCHR and the AHRC. I am also aware that, after the recent change in the state administration, in several cases the Chief Minister's office has directly intervened to resolve the issues of poor villagers whose cases were brought to the attention of your office by the PVCHR and the AHRC.

I hope that in this case too your office will positively respond, thereby taking all immediate precautions to ensure the safety of Dr. Lenin and the rest of the staff at the PVCHR. I am informed that the AHRC has already communicated this matter to the office of the Special Representative of the UN Secretary-General on the situation of human rights defenders calling for an intervention in this case.

I therefore urge you to take immediate steps through your office to ensure that:

1. A written complaint is recorded regarding the anonymous life threatening calls received by Dr. Lenin;

2. That the state administration will do everything legally possible to ensure the safety of the field activists of the PVCHR, and;

3. That the state administration will ensure that the work of the PVCHR in Uttar Pradesh state will continue unhindered.

I hope that you will take appropriate actions in this case at the earliest.

Yours sincerely,

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PLEASE ALSO SEND A COPY OF YOUR LETTER TO:

1. Ms. Veena Kumari
District Magistrate
Varanasi, Kachahari, Uttar Pradesh
INDIA
Fax: + 91 542 2501450

2. Mr. Shripad Sirodakar
Senior Superintendent of Police
Varanasi, SSP Office, Kachahari, Uttar Pradesh
INDIA
E-mail: sspvns@up.nic.in

3. Dr. Kashmir Singh
Inspector General of Police
Varanasi Zone
Varanasi District, Uttar Pradesh
INDIA
E-mail: igzonevns@up.nic.in

4. Mr. Vikram Singh
Director General of Police
1-Tilak Marg, Lucknow
Uttar Pradesh
INDIA
Fax: + 91 522 2206120, 2206174
E-mail: police@up.nic.in 

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-335-2007
Countries :
Issues :
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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.