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INDIA: Torture and illegal detention of a young boy by the West Bengal Police

May 19, 2005

URGENT ACTION URGENT ACTION URGENT ACTION 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
20 May 2005
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UA-82-2005: INDIA: Torture and illegal detention of a young boy by the West Bengal Police

INDIA: Torture; Illegal detention; Impunity; Rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from MASUM, a human rights organisation in West Bengal about the illegal detention of a young boy, Rajiv, a class IX student of Maheshwari Vidyalaya, at the Golabari police station, Howrah, West Bengal.

According to the police, Rajiv's father, Mr Bhogendra Rai, who works as a contract labourer for a transport company is wanted in a murder case. On 12 May 2005, the police went looking for Rai at his residence but were unable to find him as he was out of town. They however, picked up Rajiv and detained him illegally in custody from that night to the May 16. Rajiv was kept in a lockup with adult detainees, a blatant violation of the Criminal Law of India and international human rights law.

A thoroughly terrified Rajiv spent most of his time crying in the crowded cell. He was given only breakfast and dinner and his mother, Mrs Vidya Debi was not allowed to meet with him. Rajiv was not only abused by the police but also threatened with dire consequences, if he disclosed the atrocities of his detainment to anyone.

 When MASUM contacted the police they said that they had picked up Rajiv for interrogation, which is another violation of the law, as Section 160 of CrPC (Criminal Procedure Code, India) reads that a written notice must be served against anybody called to the police station for interrogation. The detention of the victim is also a clear violation of Art 22 (1) and (2) of the Indian Constitution. The Criminal Law of the country also calls for the arresting officer to produce the detainee before a Magistrate within 24 hrs of arrest. However in this case, Rajiv was not arrested but taken into custody by the police, illegally, so as to pressure his father to present himself before the police. Further, when MASUM contacted the police, Ms Lakhmi Singh, Addl SP refused to discuss the case even though the officer is aware that the Right to Information is now a law in the country.

Please immediately send a letter to the Director General of Police, West Bengal asking him to intervene and order an impartial investigation into this incident by any investigating agency except the state police. Those police personnel responsible for illegally detaining Rajiv and torturing him physically and mentally should be duly punished. The victim should be adequately compensated for the trauma that he underwent in the police lockup.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION

Name of the victim: Rajiv Rai, 16 years, son of Mr Bhogendra Rai
Address:   Rosemary Lane, under Golabari police Station, Howrah, West Bengal
Alleged perpetrators:
1.Chitta Ranjan Mondal, Officer-in-Charge, Golabari Police Station,
2.Ms Lakhmi Singh, Addl SP (town)
3.Other police officers
Date of the incident: May 12, 2005 till 16 May 2005
Place of the incident: Golabari Police Station

Case Details:

Rajiv Rai, a 16 year old studying in class IX, Burrabazar's Maheshwari Vidyalaya was picked up from his house at night on 12 May 2005 by the police, who allege that his father is a suspect in a murder case.

Rajiv's father, Mr Bhogendra Rai, a contract labourer working for a transport company was away in Haldia when the police went looking for him. Unable to find him, they forcibly took his young son and illegally detained him in the Golabari police lockup for four days. A senior district police officer says that detaining Rajiv was a pressure tactic to hunt out his absconding father.

The police cell where Rajiv was detained held about 20 adult detainees. A traumatised Rajiv recalls of his terror while the police beat up his fellow inmates. Rajiv was also abused by the police and sustained bruises on his legs and swollen fingers. He spent most of his time crying in the cell and was given only two meals during each day. His mother, Vidya Debi was not allowed to meet with him even though fearing for her son's life, she pleaded with the police to allow her to do so. In fact the police told her that they would kill Rajiv and throw his body in the river if his father did not present himself to them. Rajiv's mother now wants to approach the State Human Rights Commission and the Chief Judicial Magistrate to seek redress.

When MASUM contacted the police, Ms Lakhmi Singh, Addl SP refused to talk about the case, even though she was informed of the fact that the Right to Information Bill had been passed in the Indian Parliament and she was therefore obliged to give out some information on the case. Devendra Pratap Singh, the victim's advocate has said that a petition will be moved before the Chief Judicial Magistrate of Howrah court against the Golabari officer-in-charge for the illegal detention of a minor boy.

India is a party to the Child Right Convention. Article 37 of the convention calls for the state parties to ensure that: (a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment… (b) No child shall be deprived of his or her liberty unlawfully or arbitrarily… (c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person…(d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance… All these provisions were water marks for Rajiv while he was forcefully abducted from his home by uniformed officers and put behind bars, by the very same officers who are expected to prevent such violations.

Apart from all these the Supreme Court of India had made it clear that every police officer in the country should strictly adhere to the procedure to be followed in the Code of Criminal Procedure while inquiring into any crime or making arrest. This case is a blatant violation of the rules laid down by the court and is contempt upon the face of the Apex Court of the country. This case also reflects how much the uniformed law enforcement officers in India respect law and regulations of the country and to what extend they flout the order of the Supreme Court of the country in their process of making the life of an ordinary citizen a misery.
 
Police harassment of families of persons allegedly wanted as suspects is quite common in India. Families are often badly abused and tortured to find out the whereabouts of the absconding suspect. AHRC strongly condemns the autocratic attitude and the misuse of powers by the police and therefore seeks your urgent intervention in this case. An impartial investigation by an independent investigating agency should be ordered. All those police officers responsible for illegally detaining and abusing Rajiv should be duly punished. The victim should be compensated for the trauma that he endured during the four days in police lockup.

BACKGROUND INFORMATION

The police violated the provisions of Article 22 (1) and (2) of the Indian Constitution, which says:

21. Protection of life and personal liberty.- No person shall be deprived of his life or personal liberty except according to procedure established by law.

22. Protection against arrest and detention in certain cases.-
(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a
legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

Section 56 and 57Cr P.C. provides: Person arrested not to be detained more than twenty-four hours-no police officer shall detail in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section167 exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's court.

Section 160: Police officers power to require attendance of witnesses:
(1) Any police officer making an investigation under this chapter may, by order in writing require the attendance before himself of any person being within the limits of his own or any adjoining station who from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case, and such person shall attend as so required:
(2) Provided that no male under the age of 15 years or woman shall be required to attend at any place other than the place in which such male person or woman resides.

Police Regulation of Bengal, 1943
Regulation no 33 (b)'Rudeness, harshness and brutality are forbidden, and every officer of superior rank must take immediate steps for the punishment of any offenders who came to his notice."


SUGGESTED ACTION:

Please send a letter to the Director General of Police, West Bengal urging him to immediately order an impartial investigation into this incident.

Sample letter:

 Dear Mr Prasad,

Re:Torture and Illegal Detention of a Young Boy by the West Bengal Police

Name of the victim: Rajiv Rai, 16 years, s/o Mr Bhogendra Rai
Address:   Rosemary Lane, under Golabari police Station, Howrah, West Bengal
Alleged perpetrators:
1.Chitta Ranjan Mondal, officer-in-charge, Golabari PS,
2.Ms Lakhmi Singh, Addl SP (town)
3.Other police officers
Date of the incident: May 12, 2005 till 16 May 2005
Place of the incident: Golabari PS

I am extremely distressed to hear of the illegal detention of a young boy, Rajiv, a class IX student of Maheshwari Vidyalaya at the Golabari police station, Howrah, West Bengal.

According to the police, Rajiv's father, Mr Bhogendra Rai, who works, as a labour for a transport company is wanted in a murder case. On 12 May 2005, the police went looking for Rai at his residence but were unable to find him as he was out of town. They instead, picked up Rajiv and detained him illegally in custody from that night to May 16. Rajiv was kept in a lockup with adult detainees, a complete violation of international human rights law.

A thoroughly terrified Rajiv spent most of his time crying in the crowded cell. He was given only breakfast and dinner and his mother, Mrs Vidya Debi was not allowed to meet with him. Rajiv was abused by the police and has bruises on his legs and swollen fingers. He was also threatened with dire consequences, if he disclosed the atrocities of his detainment to anyone. It is alleged that the police told Mrs Debi, they would kill Rajiv and throw his body in the river if her husband did not present himself to them.

When MASUM contacted the police, Ms Lakhmi Singh, Addl SP refused to talk about the case, even though she was informed of the fact that the Right to Information Bill had been passed in the Indian Parliament and she was therefore obliged to give out some information on the case. In illegally detaining a minor boy and further detaining him with adults in the police lockup and abusing him, the police have violated Art 22 (1) and (2) of the Indian Constitution, Sections 56 and 57 and Section 160  Criminal Procedure Code, India.

I thereby urge you to immediately intervene in this case. An impartial investigation by an independent investigating agency should be ordered. All those police officers responsible for illegally detaining and abusing Rajiv should be duly punished. Finally, the victim should be compensated for the trauma that he endured during the four days he spent in the police lockup.

Yours sincerely,

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SEND A LETTER TO:

1. Mr. Ajay Prasad
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 

SEND A COPY TO:

1. Mr. A.K. Deb, IAS
Home Secretary
Government of West Bengal
Writers' Buildings, Kolkata - 700001
West Bengal
INDIA
Tel: +913322145656
Fax: +913322143001
Email: sechome@wb.gov.in

2. Justice Shyamal Kumar Sen
Chairperson
West Bengal Human Rights Commission
Bhabani Bhavan, Alipore
Calcutta-700027
INDIA
Tel: +91 33 4797259 / 5558866
Fax: +91 33 4799633
Email: wbhrc@cal3.vsnl.net.in

3.Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Case
Document ID :
UA-82-2005
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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.