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INDIA: Police violently assaulted peaceful peasants in West Bengal

December 8, 2006

URGENT APPEAL GENERAL URGENT APPEAL GENERAL URGENT APPEAL GENERAL
 
ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

8 December 2006
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UA-393-2006: INDIA: Police violently assaulted peaceful peasants in West Bengal

INDIA: Abuse of rights of peaceful protestors; violation of the freedom of assembly; arbitrary arrest and detention
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its local partner MASUM regarding the brutal assault on peaceful peasants by the police while they were protesting against the forced acquisition of their land for an automobile project at Singur in the Hooghly district, West Bengal on 2 December 2006. It has been alleged that even elderly women and children were indiscriminately beaten and arrested with serious criminal charges, going completely against the norms established by the law. 

CASE DETAILS: 

According to the information we have received from MASUM, the peasants of Singur village and other affected villages had long been opposing the forced acquisition of their land in order to develop a 'small car' factory by TATA group. They were camping at Beraberi, Ghaser Veri and other nearby villages in order to protest the government's hijacking of the fertile and multi-crop producing area. 

On 2 December 2006 at about 10:00 am, local villagers began to protest when government officials started physically acquiring the land by fencing off the area. Violence soon broke out and the police force and the RAF resorted to a widespread baton charge and fired tear-gas shells along with rubber bullets. It has been reported that the police entered into the adjoining villages and mercilessly assaulted the residences, indiscriminately showing no respect for women, or children. Several people were severely injured due to the police's brutality. The police then entered into the houses, ventured onto the roof tops and beat unarmed persons with batons causing bloodshed.

During the incident, the police arrested more than 60 people comprising of women and children. Among them, 12-year-old Jhuma Patra of Ghaser Veri village, Singur and Soma Dhara of same village, are minors. Altogether, 18 women were detained at the Chandannagar police station and charged with two police cases [Singur police case 150 & 151 of 2 December 2006]. In both cases, the complainant has been lodged by the Officer-in-Charge of Singur Police Station Mr. Priya Brata Baxi. The police initiated the case under Sections 147/148/149/186/188/447/332/333/353 /325/307 of the Indian Penal Code read with Section 9(b) (2) of the Indian Explosive Substances Act (IESA) along with Section 9 of the West Bengal Maintenance of Public Order Act. The second case was registered under Sections 147/148/149/188/323/353/307 of the Indian Penal Code read with Section 9(b)(2) of the IESA.

It has been alleged that female detainees were mercilessly beaten by the police who also used abusive language. It has also been alleged that the female detainees were manhandled, molested and sexually harassed by the male police officers. Even the water supplied by the police could not be used since it was dirty and unfit for human consumption. It has also been alleged that not a single memo of arrest has been prepared against the detainees even though it is a mandatory requirement under law.

ADDITIONAL COMMENTS:

The entire incident at Singur is a shocking example of how the police under the commands of the state government, is encouraged to violate law and human rights. The police sprang into a force in Singur ignoring and violating the statutory requirements and the constitutional rights of the people with the support of the state administration. The incident is a mockery of the democratic process, legal procedures and the rule of law.

Among many other procedural mistakes the date and time of arrest was not shown correctly in the records to avoid responsibility for illegal detention. This is however not a plan executed exclusively by the officers at the Singur police station, but was intentionally done under the instructions of higher police officials. The police had shown no respect to the life and property of the people. The entire police action resembled a war scene.

Rudeness, harshness and brutality are forbidden under regulation 33 of Police Regulations of Bengal 1943. The mandatory directions of the Supreme Court of India in the D.K. Basu case (All India Reporter 1997 Supreme Court 610) have been shown scant respect by the state police force. The arrest and detention of the minors who were kept in police lock-up with other inmates, as well as there release the next day after furnishing personal bond is a violation of the procedure under the Juvenile Justice Act. All the detainees were produced before an Additional Chief Judicial Magistrate Court at Chandannagar on 3 December 2006. It is surprising to note that the court did not consider the reason of protest and the manner in which the police dealt with the protestors. They were all remanded to custody.

From the behaviour of the police and that of the state government, it is not at all evident that a democratically elected system is at work; instead the government actions resemble a regime of tyrannical monarchy. The state police and the civil administration acted like the henchmen of the TATA group.

The citizens of a free country like India have the right to assemble, protest and express their views and opinions on any subject peacefully.

Several international covenants and norms have been shown scant regard by the leftist party led West Bengal state administration. To be specific, one may draw attention to the United Nations Declaration on the Right to Development (1986). The term 'development' in Article 1(2) of the declaration implies: The human right to development also implies the full realisation of the right of peoples to self-determination, which includes, subject to the relevant provisions of both International Covenants on human rights, the exercise of their inalienable right to full sovereignty over all their natural wealth and resources and Article 2 (1)  where it is stated that the human person is the central subject of development and should be the active participant and beneficiary of the right to development.

The AHRC strongly condemns the forceful eviction of poor peasants from their land and demands that every affected peasant family should be given adequate compensation and employment guarantees to ensure the peaceful acquisition of their land. We also demand that an independent inquiry should be set up immediately to look into the incident of brutal violence, with action taken against those police officers and personnel of the RPF who are found responsible for inflicting indiscriminate violence against peaceful villagers including women and children. Furthermore, we strongly demand that the cases against the villagers who were arrested are unconditionally withdrawn. 

SUGGESTED ACTION:
Please write the letter to the Indian authorities listed below and express your grave concern about this case. 

To support this appeal, please click:

Sample letter:

Dear ________,

INDIA: Police violently assaulted peaceful peasants in West Bengal

Name of victims:
1) Jhuma Patra, daughter of Mr. Ashok Patra; aged 12; resident of Ghaser Veri village, Hooghly district, West Bengal; student of class V in Naraharipara Primary School
2) Soma Dhara, daughter of Sanyasi Dhara of the same village
3) Mr. Shyamal Ghosh, son of Sibram Ghosh
4) Mr. Uday Ghosh, son of Madan Mohan Ghosh
5) Mr. Birat Mlik, son of Late Gokul Malik
6) Mr. Tushar Kanti Karmakar, son of Late Jugal Kishore Karmakar
7)  Mr. Prabir Ghosh, son of Manik Ch Ghosh
8) Mr. Swapan Santra, son of Balai Chandra Santra
9) Mr. Amal Das, son of Narendra Nath Das
10) Mr. Sanat Sheet, son of Bhadreswar Sheet
11) Mr. Swarup Patra, son of Baidyanath Patra
12) Naba Kumar Bag, son of Gokul Chandra Bag
13) Rangta Munshi, 14) Gargi Sengupta, 15) Swapna Banerjee, 16) Chaitali Bhattacharjee, 17) Dipali Moitra, 18) Sankari Koley, 19) Champa Poila, 20) Padma Dey, 21) Tapasi Das, 22) Sakuntala Das, 23) Shyamali Das, 24) Sabitri Patra, 25) Sabitri Das, 26) Soma Dhara, 27) Lakshmi patra, 28) Jhuma Patra, 29) Sandhya Patra, 30) Pratima Dey, 31) Mr. Dilip Das, aged 44, 32) Mr. Mrityunjoy Patra, aged 52, 33) Mr. Tapan Batabyal, aged 53, 34) Mr. Bilas Sarkar, aged  26
(*Victims from no. 3 to no. 34 are residents of villages; Singur, Beraberi, Ghaser Veri and other adjoining villages in Hooghly district, West Bengal
Alleged perpetrators: Personnel's of state police force and rapid action force (RPF)
Date of incident: 2 December 2006

I am extremely concerned regarding the brutal assault on peaceful peasants by the police while they were protesting against forcible acquisition of their land for an automobile project. It has been alleged that even elderly women and children were beaten indiscriminately and arrested under serious criminal offences.  I am outraged since this is completely against the norms established by the law.

To briefly remind you about the case, the peasants of village Singur and other affected villages had long been opposing the forcible acquisition of their land to establish a 'small car' factory by TATA group. They were camping at Beraberi, Ghaser Veri and other nearby villages in order to protest the government's hijacking of the fertile and multi-crop producing area. 

On 2 December 2006 at about 10:00 am, local villagers began to protest when government officials started physically acquiring the land by fencing off the area. Violence soon broke out and the police force and the RAF resorted to a widespread baton charge and fired tear-gas shells along with rubber bullets. It has been reported that the police entered into the adjoining villages and mercilessly assaulted the residences, indiscriminately showing no respect for women, or children. Several people were severely injured due to the police's brutality. The police then entered into the houses, ventured onto the roof tops and beat unarmed persons with batons causing bloodshed.

It has been alleged that female detainees were mercilessly beaten by the police who also used abusive language. It has also been alleged that the female detainees were manhandled, molested and sexually abused by the male police officers. Even the water supplied by the police could not be used since it was dirty and unfit for human consumption. It has also been alleged that not a single memo of arrest has been prepared against the detainees even though it is a mandatory requirement under law.

I have been informed that the entire incident at Singur that happened on 2 December 2006 is a shocking example of how the police at the instigation of the state government violate the law and human rights. The police sprang into a barbaric force in Singur ignoring and violating the statutory requirements and the constitutional rights of the people under the encouragement of the state administration. This is a mockery at the face of democracy, legal procedures and the rule of law.
 
I have been also informed that among many other procedural mistakes the date and time of arrest was not shown correctly in the records to avoid responsibility for illegal detention. This is however not a plan executed exclusively by the officers at the Singur police station, but was intentionally done under the instructions of higher police officials. The police had shown no respect to the life and property of the people, although Rudeness, harshness and brutality are forbidden under regulation 33 of Police Regulations of Bengal 1943. Even the mandatory directions of the Supreme Court of India in the D.K. Basu case (All India Reporter 1997 Supreme Court 610) have been shown scant respect by the state police force. 

The citizens of a free country like India have their right to assemble peacefully and express their views and opinions on any subject and the right to protest peacefully.

I have been informed that several international covenants and norms have been shown scant regard by the West Bengal state administration. To be specific, one may draw attention to the United Nations Declaration on the Right to Development (1986). The term 'development' in Article 1(2) of the declaration implies: the human right to development also implies the full realisation of the right of peoples to self-determination, which includes, subject to the relevant provisions of both International Covenants on human rights, the exercise of their inalienable right to full sovereignty over all their natural wealth and resources and Article 2 (1)  where it is stated that the human person is the central subject of development and should be the active participant and beneficiary of the right to development.

It never appeared in the Singur incident, that the state government, which has an obligation to protect, promote and fulfill human rights, had ever cared for a moment about the rights of the villagers who were forcefully evicted.  The villagers were treated as if they had no value in the grand scheme of plans.  The ordinary villager was thrown to the ground and had to face the gun wielding and baton charges of a 6000 strong armed force which no doubt turned Singur into a battle field.

I strongly condemn the forceful eviction of the poor peasants from their land and demand that every affected peasant family should be given adequate compensation and employment guarantees to ensure the peaceful acquisition of their land. I also demand that an independent inquiry should be set up immediately to look into the incident of brutal violence, with action taken against those police officers and personnel of the RPF who are found responsible for inflicting indiscriminate violence against peaceful villagers including women and children. Furthermore, I strongly demand that the cases against the villagers who were arrested are unconditionally withdrawn. 

I look forward to your urgent intervention on this matter.


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PLEASE SEND YOUR LETTER TO:

1. 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

2. Mr. Buddhadeb Bhattacharjee
Chief Minister/ Minister of Home Department
Government of West Bengal
Writer's Building
Kolkata - 700 001
West Bengal
INDIA
Fax: +91 33 2214 5480/ 2214 1341

3. Justice Mr. Y. K. Sabharwal
Chief Justice of India
Through the Office of the Registrar General
Supreme Court of India
1 Tilak Marg, New Delhi
INDIA
Fax: +91 11 23383792
Email: supremecourt@nic.in

4. Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi -110001
INDIA
Fax: +91 11 2334 0016
Email: chairnhrc@nic.in

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

6. Home Secretary
Government of West Bengal
Writers' Buildings, Kolkata - 700001
West Bengal
INDIA
Fax: +91 33 22143001
Email: sechome@wb.gov.in

7. Ms Leila Zerrougui
Chairperson
Working Group on arbitrary detention
Attn: Mr Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-393-2006
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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.