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INDIA: Woman faces death threats and harassment due to her political affiliation, while police remain inactive

November 14, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

14 November 2006
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UA-370-2006: INDIA: Woman faces death threats and harassment due to her political affiliation, while police remain inactive    

INDIA: Political rights; death threats and harassment; police inaction

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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its parter MASUM in West Bengal that ruling party leaders in Rojipur village, Hooghly district, have been repeatedly harassing and severely threatening of a woman, allegedly due to her political affiliation to another party. While she faces death or rape threats and social boycott in the village, the local police, who allegedly do not want to upset ruling party politicians, have not taken any action despite numerous complaints made by the victim. It is alleged that this is not the first time that the victim has been subjected such harassment by these politicians. Due to the severity and nature of the threats, the victim and her family members are suffering psychologically.        

CASE DETAILS:

Ms. Sakina Khatun is a resident of Rojipur village, Dhaniakhali police station, Hooghly district, West Bengal, India and is a member of the Bharatiya Janata Party (BJP). The local Panchayat (village council) is under the control of the Communist Party of India-Marxist (CPIM), which has been the ruling party in West Bengal for the last 30 years.

In June 2006, the village Panchayat leaders excavated a drain around Sakina's land despite her protesting that this would make it impossible for her to use a tractor to cultivate her land. Despite her formal complaint to the Panchayat, nothing has happened to settle this matter.

On June 9, 2006, Sakina informed the Panchayat and Dhaniakhali police station that she would fill up the drain and on the following day, June 10, she arranged for some labourers to fill in the north side of the drain, which was located inside her land.

However on June 12, three villagers named Amed Ali Mondal, Mohim Mondal and Abusiddik came to Sakina's house and verbally abused her. Sakina lodged a complaint against them about this incident with the Dhaniakhali police station (General Diary Entry no.: – 521). On June 16, Sakina again lodged another complaint with the same police station against the three concerned men and Rahamat Ali Mondal, reportedly because they planned to re-excavate the drain at the northeast corner of her land. Sakina alleges that although she personally requested the Officer in Charge (OC) of the police station to take action concerning this matter, he did nothing because these men are members of the CPIM.

At around 8:00am on June 25, 2006, some 25-30 people organized by Mahim Mondal, Rahamat Ali, Abusiddik, and Nurul Huda went ahead with the excavation of the drain and also destroyed crops on Sakina's land. She again lodged a complaint about these further events at the Dhaniakhali police station on June 25 (GDE no: – 071) but has received no response from the police.

As a result of the police inaction, on June 28, 2006, Sakina lodged two cases with the Chinsurah Sub-Divisional Executive Magistrate Court against the men mentioned above (Case no: – MP 417 dated 28/06/06 and MP 411 dated 28/06/06 under section 144 of the Criminal Procedure Code of India). As a result, she was reportedly attacked by Mahim Mondal, Amed Mondal, Abusiddik, Abu Hasan, Nurul Huda, Shaikh Habibar, Nandalal Das, and Abhiram Das, who were armed, when the police handed over the notice of the cases to the accused on July 4, 2006. They allegedly threatened to kill her.

At around 7:00am on July 5, 2006, these men again went to Sakina's land to continue the excavation of the drain. They also threatened that they would rape Sakina to publicly humiliate her, following which they would kill her. They even threatened to give electric shocks to Sakina’s daughter and to burn Sakina’s house down at night. Furthermore, on July 7, 2006, these alleged perpetrators (village leaders) reportedly made a decision to ostracize Sakina socially from the village.

On July 8, 2006, the Assistant Sub Inspector of the Dhaniakhali police station went to Rojipur to investigate the cases lodged by Sakina (Cases Numbers – MP 411 and MP 417 dated 28/06/06). However, to date he has not taken any serous action regarding the alleged threats or ostracism.

On August 13, 2006, the OC of the Dhaniakhali police called a meeting at the police station between the victim and local village leaders. The OC allegedly took the side of the local leaders. It is reported that when Sakina declined to accept an offer of compromise that was not in her favour, the leaders threatened her and this despite the presence of the police. The Bhaniakhali police also reportedly pressured Sakina to withdraw her cases against the leaders. She was finally forced to sign a compromise paper, which was written by Hassan Mollick, the secretary of local committee of CPIM, at the police station.  

It is alleged that Sakina and her family members are currently suffering from psychological distress as the result of the ostracism and the severe threats to which they have been subjected and the lack of protection that they have received from the authorities.

It is alleged that the source of these problems is the fact that Sakina is the member of the BJP political party. In fact, this is not the first time that Sakina has been harassed by CPIM party leaders due to her political affiliation. She had reportedly experienced similar ostracism, which was allegedly organized by the ruling CPIM party leaders in her village, for five years between 1988 and 1993. According to the victim, Dhaniakhali police and other higher district authorities failed to take any serious action with regard to her situation, despite her repeated complaints.

This case exposes the fallibility of the criminal justice system in India. According to the Indian Penal Code socially ostracizing a person is an offense under Section 153 A. This is a serious offence which carries a punishment of imprisonment that may extend to three years or fine. Once a complaint is made to any police station regarding such an offense, the police officer to whom such a complaint is made must investigate the case under Section 156 of the Criminal Procedure Code of India. Alternatively, the complainant, Sakina, in this case, could approach the local magistrate under Section 190 of the same Code, which she did. Upon receipt of a complaint the magistrate may also order similar investigation to be carried out by the police. Either way, the investigating authority is the local police. As evident from the facts of this case, it is the local police that fail to comply with the law and procedure which facilitate miscarriage of justice resulting in failure of rule of law in India.

West Bengal is a state under the rule of the CPI(M) for the last 30 years. However, compared to the available human and capital potential within the state, the development within the state has been limited to a select few, who tow the political lines of the ruling party. Corruption and gross neglect towards weaker sections of the society is rampant in West Bengal and the administration is known for its ineptitude to govern and its deep-rooted corruption. It is alleged that the inaction by the local police in this case is due to the allegiance of the victim to a rival political group that oppose CPI (M) rule in West Bengal. 

This case is in violation of Article 26 of the International Covenant for Civil and Political Rights (ICCPR) to which India is a State party. Article 26 states, "All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status." - (emphasis added).

SUGGESTED ACTION: 

Please write to the relevant Indian authorities and urge them to intervene immediately into this matter. Please urge them to take strong action to stop the repeated and serious threats and harassments against the victim. Please also urge them to order an impartial and thorough investigation into the complaints filed by the victim and take proper action against any persons found guilty of any of the abuses alleged above, notably the threats and harassment. Please also urge them to ensure the personal integrity and security of the victim and her family.

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Sample letter:

Dear __________,

INDIA: Woman faces death threats and harassment due to her political affiliation, while police remain inactive

Name of the victim: Ms. Sakina Khatun, resident of Rojipur village, Hooghly district, West Bengal, India; a member of the Bharatiya Janata Party (BJP)

Alleged perpetrators: 

1) Mr. Mahim Mondal
2) Mr. Abu Siddiki
3) Mr. Nurul Huda
4) Mr. Hasan Mallik, Secretary of the CPIM village Committee, Rojipur village
5) Mr. Rahamat Ali
6) Mr. Abu Hasan
7) Mr. Kamal Mondal
8) Mr. Sujit Chakraborty

(All eight persons above are residents of Rojipur village)

9) The Inspector-in-Charge of Dhanikhali Police Station, Hooghly

I am writing to you to express my deep concern regarding a case involving death threats, harassment of Ms. Sakina Khatun and members of her family, in Rojipur village, Hooghly district, West Bengal, India, allegedly due to reasons of political affiliation. The alleged perpetrators, who are the village Panchayat leaders and the members of the Communist Party of India-Marxist (CPIM), the ruling party of West Bengal, are named above. Ms. Sakina Khatun, however, is a member of another party, the Bharatiya Janata Party (BJP). I am also extremely disappointed by the failure of the Dhanikhali police and the judicial authorities in Hooghly district to provide protection to the victim, despite her repeated complaints.

In June 2006, the village Panchayat leaders excavated a drain around Sakina's land, despite her protesting that this would make it impossible for her to use a tractor to cultivate her land. She made a formal complaint to the village Panchayat, but nothing happened.

On June 10, 2006, Sakina filled in the north side of the drain, which was located inside her land. On June 12, Amed Ali Mondal, Mohim Mondal and Abusiddik allegedly came to Sakina's house and verbally abused her. Sakina lodged a complaint about this incident with the Dhaniakhali police station (General Diary Entry no.: – 521).

On June 16, 2006, Sakina lodged another complaint with the Dhaniakhali police against the three men as well as Rahamat Ali Mondal after they planned to re-excavate the drain. However, the police have not taken any action concerning this.

At around 8:00 am on June 25, 2006, some 25-30 people arranged by Mahim Mondal, Rahamat Ali, Abusiddik, Nurul Huda went ahead with the excavation of the drain and also destroyed crops on Sakina's land. Sakina lodged a complaint about this with the Dhaniakhali police on the same day (GDE no: – 071).  

On June 28, 2006, Sakina lodged two cases at the Chinsurah Sub-Divisional Executive Magistrate Court against the alleged perpetrators mentioned above (Case no: – MP 417 dated 28/06/06 and MP 411 dated 28/06/06 u/s 144 of Criminal Procedure Code of India).

On July 4, 2006, the victim was attacked by armed men, Mahim Mondal, Amed Mondal, Abusiddik, Abu Hasan, Nurul Huda, Shaikh Habibar, Nandalal Das and Abhiram Das. They allegedly threatened her to kill.

On July 5, 2006, these men also threatened that they would rape Sakina to publicly humiliate her, following which they would kill her. They even threatened to give electric shocks to Sakina’s daughter and to burn Sakina’s house down at night.

On July 7, 2006, the alleged perpetrators (village leaders) reportedly made a decision reportedly decided to ostracize Sakina socially from the village.

On July 8, 2006 Assistant Sub Inspector of the Dhaniakhali police went at Rojipur to investigate the cases lodged by Sakina (Cases Numbers: MP 411 and MP 417). However, to date he has not take any serous action regarding the alleged threats or ostracism.

On August 13, 2006, the OC of the Dhaniakhali police called a meeting between the victim and local village leaders of CPIM. But he allegedly took the side of the local leaders and pressured the victim to withdraw her cases against them. She was finally forced to sign a compromise document, which was written by Hassan Mollick, the secretary of local committee of CPIM. 

According to the information received, Sakina and her family members are currently suffering from psychological distress as the result of the ostracism and the severe threats to which they have been subjected and the lack of protection that they have received from the authorities. It is reported that the police are reluctant to intervene in the matter because the alleged perpetrators are ruling party members.

This case exposes the fallibility of the criminal justice system in India. According to the Indian Penal Code socially ostracizing a person is an offense under Section 153 A. This is a serious offence which carries a punishment of imprisonment that may extend to three years or fine. Once a complaint is made to any police station regarding such an offense, the police officer to whom such a complaint is made must investigate the case under Section 156 of the Criminal Procedure Code of India. Alternatively, the complainant, Sakina, in this case, could approach the local magistrate under Section 190 of the same Code, which she did. Upon receipt of a complaint the magistrate may also order similar investigation to be carried out by the police. Either way, the investigating authority is the local police. As evident from the facts of this case, it is the local police that fail to comply with the law and procedure which facilitate miscarriage of justice resulting in failure of rule of law in India.

It is alleged that the inaction by the local police in this case is due to the allegiance of the victim to a rival political group which opposes the CPI (M) rule in West Bengal.

Additionally, this case is also an example of the violation of Article 26 of the International Covenant for Civil and Political Rights (ICCPR) to which India is a sate party. Article 26 states, "All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status." 

The state has obligations to protect its citizens from such discrimination. I therefore strongly request your immediate intervention into this matter. Please take strong action to put an end to the serious threats and harassment against the victim. I also request you to provide urgent and effective protection to the victim and her family. I particularly urge you to investigate into the alleged death threats to the victim on July 4 and 5, 2006. The investigation must be carried out in a fair manner, without undue delay. Any persons found to be responsible must be held accountable for their crimes. I also request you to inquire about the alleged inaction of the Dhaniakhali police into this matter and take action against responsible officers.  

I look for your urgent intervention into this case.

Sincerely yours,

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PLEASE SEND YOUR LETTER TO:

1. Dr. A. P. J. Abdul Kalam
President of India
Rashtrapati Bhawan,
New Delhi
INDIA
Fax: 91 11 23017290

2. Mr. Manmohan Singh
Prime Minister of India
Prime Minister's Office
Room number 152, South Block
New Delhi
INDIA
Fax: +91 11 23016857
Email: pmosb@pmo.nic.in

3. 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

4. Mr. Subhash Awasthi
Director General of Police
Government of West Bengal
Writers Buildings
Kolkata-1
West Bengal
INDIA
Fax: +91 33 2214 4498 / 2214 5486
Email: padgp@wbpolice.gov.in 

5. 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

6. The Chief Secretary
Government of West Bengal
Writers' Buildings, Kolkata - 700001
West Bengal
INDIA
Fax: +91 33 22144328

7. The 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

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-370-2006
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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.