Posts Tagged ‘Cachar’

Assam NRC process drives citizens to death: Case of Hanif Khan

January 15, 2018

This new year a sad news has shaken the people of Barak Valley, the southern part of North East Indian state of Assam comprising of Cachar, Karimganj and Hailakandi districts. Mr Hanif Khan, young man of about 37 years of age, committed suicide hours after first part of the draft of National Register of Citizens (NRC), which is in the process of being updated in Assam was published at midnight on 31 December 2017. The draft did not have his name as he feared. He was terrified that he lost his citizenship and as a result he would be sent to jail and would be subjected to torture and other cruel and inhuman treatment.  All the local vernacular media as well as a section of the national media reported the incident. There is an atmosphere of fear and terror.

After learning from the media reports, Barak Human Rights Protection Committee (BHRPC) decided to visit the family and gather first hand information of the incident and accordingly a team led by Dr Prasenjit Biswas  and comprised of Mr Oliullah Laskar, Mr Raju Barbhuiya and Ms Taniya Laskar went to late Mr. Hanif Khan’s house on 6 January 2018. The team talked with the wife of the deceased, their children, other family members and neighbors and gathered information as follows:

Youngest son of late Hanif Khan, his mother in law and Raksha Khan (from left) by Taniya Laskar

Youngest son of late Hanif Khan, his mother in law and Raksha Khan (from left) by Taniya Laskar

Mr Hanif Khan was a man of about 37 years. Neighbors said he was law abiding citizen and very mild and gentle in his manners. He had in his family his wife Ms Ruksa Khan, their three sons and a foster daughter. He used to serve as a hired driver to a family.

The illegal immigration issue has been a long standing, vexatious and a burning political issue in Assam for several decades. In 1983 near about 3000 people were massacred in Nellie area of present day Morigaon district. In the following three decades the people of Assam have come across many shifts in the political as well as social paradigms. Recently after Supreme Court’s directions, almost all the political parties and pressure groups agreed upon a correct and error-free NRC. But the process followed by the government to publish the same made most of the common people concerned. The modalities prescribed by the authorities required the citizens to submit a prescribed application form with specified documents issued before 1971 showing their or their ancestors’ citizenship and having link with the said ancestors in case the applicants did not have the pre 1971 documents due to being born later.

Later the modalities got modified and a family tree was required to be submitted by the applicants. Family tree was a documentation of the extended family giving names of all cousins and their family members. The authorities again sought to change the rules and declared that certificate issued by Panchayat (local civic body) secretaries as earlier prescribed would not considered valid. However, the intervention of the Supreme Court retained the validity of such certificates. The admissibility of the pre 1971 documents submitted as proof of citizenship and/or link documents were made subject to the verification of the records of the issuing authorities. The authorities would also conduct physical verification of the applicant citizens and their families in many cases. This made the people, irrespective of ethnicity and religious identity, enraged. People came out in the street and held protests in many places all over the state. Questions were raised as to how the authorities got the power to ask the citizens to prove their citizenship by producing documents. In a petition the Supreme Court directed the authorities to exempt the “original inhabitants” of the state from this rigorous test of citizenship. But the term was nowhere defined and no criteria were given to determine the originality of inhabitation. This created deep apprehension of racial discrimination and arbitrary procedure of updation of NRC among the people of Barak valley.

There has always been a perception among the people of Barak valley that they have been being discriminated by the linguistically aggressive politics of Brahmaputra valley of the state. In 1960 a bill was passed by the Assam state legislature making the Assamese language as the official language of the entire state of Assam including Barak valley. People came out in protest in unprecedented large numbers. During those protests, 11 people were killed in Silchar Railway Station on 19 May 1961. The government was forced to amend the bill and to make Bengali the official language for Barak valley. Ever since the 11 martyrs have been revered by the people and the 19th May observed as Language Martyrs Day in Barak valley every year. This perception of discrimination has again been reinforced by the supply of a Bengali application form with clearly visible Assamese linguistic influence.

There is also another phenomenon known as D-voters. Citizens’ names are arbitrarily tagged with D (dubious or doubtful) in electoral rolls. Their cases are referred to the Foreigners’ Tribunal. In Tribunal such a person has to prove his citizenship. The burden of proof is put on the suspect. In many cases the Tribunals declare such people foreigners based on minor discrepancy and spelling errors in the names of ancestors or the suspect, as the case may be, in pre-1966 documents. Moreover, in many cases notice are not served properly and the tribunals pass decision ex parte. Most of the people don’t have wherewithal to take recourse to higher courts. After the declaration as a foreigner by the Tribunal, police pick the persons up and put them in detention camps which are in fact regular jails. In the absence of a deportation treaty with Bangladesh or any other supposed country of nationality of the persons concerned, they are kept in jails with other convicted criminals for indefinite period. The reports of such midnight knocks are regularly published in newspapers.

Though it is not yet clear what will be the policy for the people whose names are not included in final NRC, to people it is a question between whether they would be sent to the dreaded detention camps directly or through tribunals.

The resultant apprehension of discrimination and fear of losing citizenship that gripped the people of Barak valley also got to Mr Hanif Khan. He was in a constant fear of losing his citizenship. Moreover, in Assam, there are incessant reports in newspapers related to arrest and detention of person belonging to the lower income-strata by the police, after the Foreigners’ Tribunals declare them as the foreigner. Moreover, recently nearly 45000 police personals and 50 army troops were deployed in different “sensitive areas” of the state. This was in addition to fact that the area was declared as part of “disturbed area” under the Armed Forces (Special Power) Act, 1958. This draconian law empowers even the non-commissioned members of the armed forces to use force even to the extent of killing against anyone who is suspected to have breached or about to breach law and order. The Act also bars the court to take cognizance of any case against the armed forces without sanction from the government of India. All this went to create an environment of reign of terror and an eerie silence among the people. Mr Hanif Khan got more terrified that pushed him to take such an irreversible step to end his life.

Mr Hanif Khan submitted NRC application in due time. A copy of the application is with the BHRPC. The application appears to be according to the prescribed rules. He established his citizenship with the prescribed documents beyond doubt. He claimed the inclusion of his and his family members’ name in the  NRC on the basis of voters list of 1971. He had shown his linkage with his father late Mr. Raj Mohammad Khan and mother late Ms Sahera Khan through voter list of 1971. He submitted the school  certificates of the children to establish linkage with himself. His wife Ruksa Khan’s inclusion is claimed on the basis of linkage with her parents Mr. Rahim Khan and Afushi Bibi through the same voter list of 1971.

Ms Ruksa Khan told the BHRPC team that since the time the verification process of NRC began Mr Hanif Khan was in a constant fear of police torture in case he loses his citizenship. As day of the publication of the first of draft NRC neared, he often hid himself if any police van passed through the high way near his house. Three months ago when he was still in his job he went to a place around 15 kilometres away from his house known as Udharbond. There he found an army vehicle behind his vehicle and he started running instantly and came to his house crossing 15 kilometres of distance right on his foot. Learning this, his employer released him temporarily from his service. Since then he stayed in his house and watched televisions for news and read newspapers and otherwise also tried to collect information about the NRC updation process. He would go on asking everyone about the rules and modalities of NRC and consequences of non-inclusion of his name. He was very concerned about the minor discrepancy regarding his age in one of the voters-list. The neighbours tried to allay his fears by telling him what they knew. But that did not seem to have assured him. His wife tried to take him to the doctor but he didn’t agree. She then asked help of the neighbours and had planned to take him to the hospital forcibly if necessary. But before that he went on missing since 7 pm on Sunday, 31st December 2017 the day when the draft NRC was going to be published. Ms. Raksha Khan stated that at irst she thought he came to watch news on tv but when he did not come back after midnight she started to search for him and was unable to find him thourghout the night. She first saw the body around 6.50 am next morning. Police officials reached the spot around 8.30 am and sent the body to Silchar Medical College and Hospital for post-mortem.

According to Mr Toibur Rehman, one of the neighbour present there, Hanif Khan was perfectly healthy and a well- mannered man. And never had any serious quarrel with anyone. But since the NRC updation process began he appeared to be very worried about it. He also added that another person in the locality namely Mr. Nur Jamal Laskar was also showing similar symptoms and he was under treatment and in strict care of the neighbours. Mr Tapu Das one of the member of the local Panchayat also confirmed the same information. On being asked he said that the NRC process is totally carried on by the Seva Kendras and local Panchayat was never involved in it and he was never informed about the modalities or any other thing. The Panchayat only carries out the duty of issuing Gaon Panchayat Certificates to those who apply for it.

It is to be noted here that this is not the only incident of NRC related suicide. Before that on 6 December 2017, a man aged about 56 years named Mr Akram Uddin Barbhuiya of New Ramnagar area in Cachar district  ended his life by hanging himself on the ceiling of his own room. He was also reported to have been worried over inclusion of his name in the updated NRC. .According to his family members he also went on asking everyone about the procedure adopted in updating NRC and NRC related documents were laying in the floor of the room where he hanged himself. Even two days before that, on 3 December 2017, another man Mr Anwar Hussain, a resident of Bahmura, of Goalpara district also committed suicide for the same reaon under the similar circumstances. According to newspapers reports, Anwar Hussain’s daughter Jahabnara Khatun was served with a notice for verification of the documents submitted for inclusion of her name in theNRC. Following that notice he was much tensed and in a constant fear that his daughter’s citizenship could be taken away.

The BHRPC believes that Mr.Hanif Khan was a victim of a clumsy, erroneous and arbitrary procedure of updation of NRC adopted by the state couple with the xenophobic rhetoric of politicians including members of the council of ministers. The state machinery failed to take the citizens in confidence that they are not going to be discriminated or not going to be victims of any kind of arbitrariness.

BHRPC filed a complaint at the National Human Rights Commission praying for:

  1. An interim compensation to the next of kin of the deceased pending the disposal of the case.
  1. A compensation of Rs. 10 lakh  to the next of kin of the deceased.
  1. and for conducting a study of the procedure of updation of NRC in Assam and to make recommendations so that human rights of the people are not violated in the process.

For further details, please contact:

Taniya Laskar, Secretary General, Barak Human Rights Protection Committee (BHRPC)

Silchar, Assam. Email: bhrpc.ne@gmail.com, Mobile:+919401616763

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Situational analysis of child marriages in Assam

November 5, 2017

The issue of child marriage is one of the emerging concerns among the developing countries. According to the 2001 census there are 1.5 million girls, in India, under the age of 15 already married.

Ignorance, illiteracy, poor health, economic and social backwardness, social practices and traditions, and the prevalence of child marriage is only a reflection of dismal situation. The repercussions of child marriage, especially for girls, are extremely adverse. With early marriage comes early pregnancy, putting the lives of both the mother and baby at risk.

Activists from HRLN and Barak Human Rights Protection Committee did a fact finding in Cachar District in Assam and has investigated the incidence, causes and effects of child marriage in the area. The following report outlines the facts and fundamental rights violations women and girls face in rural Cachar.

It is said that the Government and State Government are making an effort to curb the evil practices of child marriage in the county. But the question is “Is government successful in curbing the age old practices of child marriage in India? The attached report will answer the question by analyzing the child marriage situation in Assam and it status of implementation of child marriage laws.

Download the report

Read more: http://www.hrln.org/hrln/reproductive-rights/reports/1780-situational-analysis-of-child-marriages-in-assam.html#ixzz4xa90Byy2

How the NRC updation in Assam threatens to render a large section of Bengali settlers in the state stateless

September 13, 2015

Joydeep Biswas

A riot victim woman whose house was burnt down by the militants takes shelter at a relief camp in Narayanguri village in Baksa district of Assam. Photo: The Hindu

A riot victim woman whose house was burnt down by the militants takes shelter at a relief camp in Narayanguri village in Baksa district of Assam. Photo: The Hindu

Very few in mainland India are aware at the moment that a process of citizens’ registration on the basis of racial profiling is under way on the eastern fringe of the country. The national media — both print and electronic — has not cared even to report the ongoing preparation of the National Register of Citizens (NRC), leave alone analysing the legal nuances involved in the action and the possible plight of the ‘denizens’.

This exercise, initiated through a gazette notification dated December 5, 2013 by the Registrar General of India, was initially due to be completed within a time span of three years. But the judgment delivered by a Division Bench of the honourable Supreme Court (Coram JJ, R. Gogoi, R.F. Nariman), dated 17 December 2014, advanced the due date of publication of the final NRC to January 1, 2016. The whole exercise, set off in a selective manner only for the State of Assam, is meant for detection, detention and deportation of the illegal migrants who crossed over to Assam from Bangladesh on or after March 25, 1971.

The vexed issue of infiltration and expulsion of foreigners in Assam, which has dominated the political theatre of the State for over three decades, has got close links with the very history of the subcontinent. Colonial history of the State dates back to 1826 when, under the Treaty of Yandabo, the then geography of what is now called Assam came under the British rule. And the tract was made a part of the Bengal Presidency which, of course, included the erstwhile East Bengal as well.

The first partition of Bengal

In a different turn of events, Cachar, now one of the three districts forming the Barak Valley in southern Assam, was annexed by the Britishers after the fall of the Kachari Kingdom in 1832, and was also made a part of the huge Bengal Presidency. Such arrangements were made much before the first Government of India Act, 1858 through which control over the Indian territories held by the British East India Company was vested in the British queen.

They effectively meant that people of Bengal and of Assam — transcending ethnicity, language and culture — lived within the same administrative jurisdiction and under the same political dispensation.

In 1874, by a whimsical decision of the British government, two districts of East Bengal — Sylhet (along with Cachar) and Goalpara — were separated from the Bengal Presidency, and were joined with Assam to create a new administrative unit which was placed under a Chief Commissioner. This was technically the first Partition of Bengal, a development that unfortunately escaped the attention of the mainstream scholarship.

Much has been written and read about the partition of Bengal in 1905, and its eventual rollback in 1911. However, surprisingly enough, historians of modern India have shown cruel indifference to the cultural knifing of 1874, due to which the Bengalis of Sylhet and Goalpara of the then East Bengal, for no fault of theirs, had to shift their allegiance to a completely different cultural geography.

The colonial power had its own fiscal logic. Sylhet, a revenue-rich district in British India, was tagged with a revenue-deficit Assam to address the administrative purpose of fiscal rationalisation. These two districts thereafter continued to exist inside the administrative boundary of Assam for the remaining length of the colonial rule. In 1947, Sylhet was lost to Pakistan on the basis of the outcome of an allegedly rigged referendum.

The communal carnage that took over the subcontinent resulted in the biggest displacement of people in the recorded history. The humanitarian crisis had its ramifications both on the eastern and the western boundaries of the newly liberated India. But in terms of number, intensity and continuity, impact of the exodus felt on the eastern front far exceeded that on the west. The internal political turmoil, coupled with communal riots first in East Pakistan, and then in Bangladesh, made sure movements across the boundary remained a regular feature even after 1971.

This repeated redrawing of political map of Assam, along with that of the twin valleys of Surma and Barak by the colonial rulers, showing utter disregard to the sentiments of the Assamese and the Bengalis, is causally connected to the emergence of the parochial political patriarchs who assumed power in the Assam in the post-Independence India. Assamese middle-class saw in the British actions of administering Bengali settlement on their own land an evil design of linguistic hegemony. Hence, in the post-colonial Assam, they tried to correct history.

In a bid to retaliate, the Assamese elites, who by then had got a fair share of political power, began to treat Bengali settlers on Assam’s soil as ‘cultural foreigners’. The genesis of the anti-foreigner movement, spearheaded by the All Assam Students’ Union (AASU) during 1979-85, thus, dates back to the series of above happenings where politics played mayhem with culture.

The bogey of ‘infiltration’

There was no evidence provided by either the government or the academia about the scale of cross-border movement of people. Despite that, the xenophobic movement launched by the AASU during the early 1980s was successful in convincing the Indian establishment that a ‘marauding infiltration’ by Bangladeshi nationals from across the border was putting the Assamese language and culture in great danger.

The six-year-long violent agitation, which left hundreds dead and thousands traumatised, culminated in the inking of the Assam Accord on August 14-15, 1985. This tripartite memorandum of settlement between the Centre, the Assam government and the AASU leadership was considered ‘historic’ in the Brahmaputra Valley. The Citizenship Act, 1955 was suitably amended by the Parliament to incorporate Section 6(a), bringing in a special provision of citizenship for Assam.

The legislative passage engineered by the Rajiv Gandhi government, which had a brute majority in both the Houses, did not care for the history, geography and anthropology of colonial Assam. The Nellie pogrom of February 18, 1983, in which more than 2,000 Bengali-speaking people, including women and children, were butchered, was conveniently forgotten by the Indian state. That gory incident has never been given enough attention in the media.

Legitimisation of racial violence

Successive governments have not been able to bring the killers to justice. To the contrary, the metamorphosis of AASU into Asom Gana Parishad and its eventual victory in Assembly elections has practically legitimised the racial killings.

The Bengali speaking citizens in Assam now face a new kind of terror, this time, from the Indian government. On the strength of an agreement, the State government is now active in the preparation of the National Register of Citizens. This is aimed at labelling lakhs of Bengali-speaking citizens as ‘illegal Bangladeshi infiltrators’.

The relevant rules and provisions in the statute book, including the Citizenship Act, 1955; the Foreigners Expulsion Act, 1946; the Immigrants (Expulsion from Assam) Act, 1950; the Foreigners Tribunals Order, 1964; and the Citizenship Rules, 2003 (as amended in 2009 and 2010), have all been very carefully crafted over the years to evict from Assam the Partition victims of erstwhile East Pakistan, now Bangladesh.

The Indian government has decided to upgrade the NRC only for the State of Assam even though, ideally, the exercise should have covered the entire country. The purpose of this official action is not difficult to decipher. The stringent set of conditions attached to the process requires the Bengalis of Assam to prove their Indian citizenship solely on the basis of their or their ancestors’ names appearing on the electoral rolls published up to 25 March 1971 and the NRC of 1951, failing which they would be thrown out of the updated NRC.

To make things complicated for these people, such electoral rolls are found to be both incorrect and incomplete. On the other hand, their Assamese and tribal counterparts would find easy inclusion, by virtue of being the ‘original inhabitants of Assam beyond reasonable doubt’.

The key question that confronts us now is: what would happen to these hapless Bengali settlers? In the absence of any bilateral arrangement between India and Bangladesh, the latter is not ready to take them back. This implies that lakhs of such Indian citizens, who have had their names on the Indian electoral rolls for the past four decades, and who are in possession of Electoral Photo Identity Card, would be rendered stateless. Going by the existing deportation norms and practices, they will just be evicted to the no man’s land on the Indo-Bangla border, that too in the dead of night. It will be a shameful moment for India, a proud signatory to the Universal Declaration of Human Rights.

(Joydeep Biswas is an associate professor of economics in Cachar College, Assam (Central) University.E-mail: joydbiswas@gmail.com)

The piece was first published in the Hindu and can be accessed here http://www.thehindu.com/opinion/lead/the-starkness-of-being-nowhere/article7633845.ece

NHRC moved over custodial death and communal clash in Assam

July 19, 2012

Media brief for immediate release—

19 July 2012

 NHRC moved over custodial death and communal clash in Assam

 Barak Human Rights Protection Committee (BHRPC) has moved the National Human Rights Commission (NHRC) over custodial death of Ajijur Rahman of Kalain in the district of Cachar in Assam. A complaint has been filed at the NHRC based on the report of a fact-finding study conducted by the BHRPC on 19 July 2012. The study found that Ajijur Rahman, an old man of about 60 years, was picked up on 7 July from his home by a police team led by a probationary Indian Police Service officer Mr Y T Gyatsu and he was tortured to death at the police lock-up of Kalain patrol post.

The report released on 19 July[1] has also dwelt on the communal clash on 4 July at Kalain bazaar that led to the illegal arrest and brutal killing of Ajijur Rahman. The report categorically says that negligent and inefficient handling of the situation by the authorities including executive magistrate Ms Khaleda Sultana Ahmed, Deputy Superintendent of Police (probationary) Mr Iftikar Ali and in-charge of Kalain police patrol post Mr Anowar Hussain Choudhury were mostly responsible for the clash. They failed to handle the mob frenzy. It is claimed that they could take measures including lathi charge and tear gas fire. These measures could disperse the mob. Due to the negligence and inefficiency of the authorities about 18 people were injured in the clash. Six of them sustained serious injuries. It amounts to violation of human rights within the meaning of section 12 (a) (ii) of the Protection of Human Rights Act, 1993.

It is also found that efforts of forcible enforcement of strikes on 4 July by supporters of the Hindu Jagaran Mancha and communal mass hysteria of some Muslim youths of Kalain were also responsible for the communal clash. The BHRPC maintained that every citizen and group of citizens has the right to protest and call strike provided that it is peaceful and the organizers do not force others to take part in the protest. The Mancha broke the conditions for legitimacy of the strike by forcing others.

The fact-finding report further dwelt on the efforts of effecting communal divisions in Barak valley over the controversial conversion and second marriage of Dr. Rumee Nath, Member of Legislative Assembly (MLA) of Assam. It is stated that the right to get converted into any religion is a part of the freedom of conscience and free profession of religion guaranteed by Article 25 of the Constitution of India. Per se inter-religious and inter-caste marriages are also recognised by the Special Marriage Act, 1955 and such marriage should be encouraged as they can promote harmonious communal co-existence and secularism. However, in case of Dr. Nath the things are a little different. She was a married woman with a two years old child. Bigamy or living with another person as man and wife during the subsistence of earlier marriage prima facie amount to offence against the institution of marriage. Abandoning a 2 year old child is cruelty on the child and violation of child rights. These grievances against her could be legitimately vented through legal means and judicial process and which was what her first husband resorted to.

It is further alleged that some groups conjured up spectre of ‘love jihad’ and started campaign against inter-religious and inter-caste marriages, friendship between girls and boys belonging to different communities. These activities are assault on the rule of law.

The report stated that a very influential politician of the ruling congress party in Assam Mr Gautom Roy, Minister for Public Health and Engineering (PHE), at a public function organised to mark 3 years of Assam government issued a call to the public to beat up any boy who marries a girl from a different community and to hand over the girl to her guardians. Provoked and encouraged by this call a mob of more than one hundred youths attacked Dr Nath and her ‘second husband’ at about 10pm on 29 June 2012 at Hotel Nakshatra in Karimganj where she was staying for the night after visiting her constituency.

The BHRPC could not confirm any direct links of the minister with the attack on Dr Nath and the mob that attacked her. But it is obvious that his call to beat up such couples definitely encouraged the mob. The comment of the minister is not only against the established constitutional canons of the land and principles of human rights but also a provocation to breach the public order and a call towards further lawlessness and jungle raj. Any person including a minister may disagree with any law and in such cases he should propose repeal or amendment of the law if he is sincere in his opinions. A minister who is part of the party that rules at the central and state governments should have proposed amendment of Article 14, 21 and 25 of the constitution and the Special Marriage Act, 1955 if he sincerely thought that conversion and inter-religious marriages are undesirable. By provoking youths he betrayed his motives.

The attack on Dr Nath is a manifestation of desperate reactions of patriarchy and its interests against the empowerment of women and empowered women. These are attacks on expression of moral agency in women. She was abused and attacked only because she was a woman.

Apart from the brutality of police personnel, Ajijur Rahman was a victim of the situation that was thus created.

 For any clarification and more information you may contact:

 Waliullah Ahmed Laskar

 Mobile: 09401942234

Email: wali.laskar@gmail.com


 

 

 

Custodial death of Ajijur Rahman and the situation that led to his death

July 19, 2012

BHRPC report on efforts of effecting communal division, riots and custodial death in the aftermath of “conversion and second marriage” of Dr Rumee Nath

An aged person named Mr Ajijur Rahman was picked up from his residence at Kalain under the Katigorah police station in the district of Cachar (Assam) by a raiding police team led by Mr Y T Gyatsu, a probationary Indian Police Service (IPS) officer posted as Additional Superintendent of Police at the Cachar police headquarters at Silchar in the night between 6 and 7 July 2012 and was tortured to death in the lock-up of Kalain police patrol post.

The police team was conducting raids to arrest some persons who were accused or suspects of creating mischief and rioting on and after 4 July in Kalain area. The law and order situation of the area deteriorated due to a call of general strike by the Hindu Jagaran Mancha in protest against alleged police harassment of youths belonging to their community who were suspected of being parts of the mob that assaulted Dr. Rumee Nath and her ‘husband’ on 29 June at Karimganj for her ‘conversion and marriage’ with the Muslim boy. The Mancha was also reportedly protesting against the protests of the supporters of Dr. Nath.

The report:

After the incident the Barak Human Rights Protection Committee (BHRPC) formed a fact finding team comprising of 1. Mr. Neharul Ahmed Mazumder, 2. Mr Sadique Mohammed Laskar, 3. Mr Raju Barbhuiya, 4. Mr Nirmal Kumar Das, 5. Mr Aftabur Rahman Laskar, 6. Ms S Sarmila Singha and 7. Mr Abdul Wakil Choudhury to find out the factors and the situation that led to the death of Ajijur Rahman. The team visited Kalain area on 14 July and met family members and relatives of the victim, victims of rioting and their family and relatives and respectable citizens of the area including president, secretary and members of Kalain Bazaar committee Mr Sukhendu Kar, Mr Karunamoy Dey, Mr Asit Baran Deb and others. The fact finding team also visited the Kalain police patrol post and talked with the officer-in-charge Sub-Inspector of police Mr Anowar Hussain Choudhury and some constables. This report is based on the information collected by the team.

The victim:

The victim Mr Ajijur Rahman was aged about 60 years and a permanent resident of village Boroitoli Part-I, Kalain under Katigorah police station and was respected as a senior local businessman. The place, where his house situates, borders with three villages of Boroitoli, Brahmangram and Lakhipur. He was the head of his family which comprised of his 5 sons Mr Fariz Uddin (aged 42), Mr Sarif Uddin (39), Mr Selim Uddin (30), Mr Nazim Uddin (26), and Mr Mahim Uddin (20), 4 daughters Ms Anowara Begum (32), Ms Monowara Begum (aged 24 and unmarried), Ms Reena Begum  (aged 18 and unmarried), Ms Runa Begum  (aged 15 and unmarried), his wife Ms Saleha Khatun (55) his mother aged about 80 years and the children of his sons. It is a big joint family of people of three generations living together. It appeared that the family belongs to the emergent lower middle class of Bengali Muslims in Barak valley (South Assam).

 

Place:

Kalain is situated at a distance of about 40 kilometres from Silchar towards west and is a growing semi-urban area serving as a local business centre for the entire West Cachar region. The population of Bengali speaking Hinuds and Muslims are almost equal in number. Hindus have been living mostly nearby the market. Beside these two religious communities, some other people belonging to Manipuri, Bishnupria and Hindi speaking communities are also living in the outskirts. According to the local residents, people of Kalian belonging to different communities have been living harmoniously and in peace and love with each other for times immemorial. However, there were small quarrels and even fighting at times between people belonging to different communities but they were of personal nature and the religions of the parties have had nothing to with them.

Incident:

A huge police team led by Mr Y T Gyatsu raided the house of Mr Ajijur Rahman at about 12.30 in the night intervening between 6 and 7 July. They first cordoned off the house from all sides and then knocked at the doors. The inmates of the house were fast asleep. At the sound of heavy knocks Mr Ajijur Rahman got up and opened the door. A big number of police personnel including a lady constable remained outside the house and four/five of them including Mr Gyatsu went into the house. They asked for Mr Nazim Uddin who was not home at that time. In fact, no other male members of the family were present in the house since they were in hiding. The able male members of all families of the area were hiding themselves in apprehension of indiscriminate arrest and harassment by police in the wake of the rioting. As an aged person Mr Rahman did not feel the need to hide himself.

The police team made all female members to go out of the house and they conducted a search for Mr Nazim Uddin in all rooms including kitchen and bathrooms in vain. They demanded of Mr Ajijur Rahman to tell them the whereabouts of his son or they would send him in jail in place of his son. When he pleaded ignorance of whereabouts of his son Mr Gyatsu hurled a torrent of verbal abuse and started assaulting him. He demanded that Mr Rahman would have to take his son to the police patrol post before 6am. Mr Rahman told that he would not be able to do so since he did not know where his son is and latter’s mobile phone was also off. At that Mr Gyatsu started boxing his ears and the back of his head while dragging him. Member of the raiding police team constable Mr Badrul Islam Barbhuiya, Ms Reena Begum, daughter of Mr Rahman and other eye witnesses told the BHRPC team that Mr Gyatsu did not let the old man to wear even a top under garment. The old man cried and pleaded with Mr Gyatsu not to take him to the police station as he was to go to Mecca in Saudi Arabia for Haj pilgrimage. His wife and daughters also wept uncontrolably and urged the police officers to spare the old man at least for the sake of God since he did not know anything about incidents of 4 July. These beseeching of the helpless was not heeded.

Mr. Mahibur Rahman[1], a neighbour and cousin of Mr Ajijur Rahmn, told the BHRPC team that when he heard of the cries of wife and daughters of the latter he went there and saw that the police was taking him with them. He then sneaked to house of other neighbours Mr. Taj Uddin[2] and Mr. Shahid Uddin[3] and awakened them. They were to move silently since they were themselves very afraid of the police and a prohibitory order under section 144 of the Criminal Procedure Code, 1973 was also in force. Three of them stood at the front side of a house[4] at a distance of about 20 metres from the patrol post to witness what was happening to the old man there. According to them, from that place everything was clearly visible since the doors and windows of the patrol post house were wide open and electric lights were on. They stated that they saw Mr Ajijur Rahman was seated on a red plastic chair. They inferred from the gestures of the police personnel and Mr Rahman that they were talking. Then two personnel coming from two sides kept his thighs in tight grip in a way that rendered Mr Rahman unable to move. And then another police personnel dressed like a higher officer and in his facial and physical features resembling to a tribal man came and placing his one grip at the chin and another on the head twisted the head of Mr Ajijur Rahman with tremendous force. It seemed that the body of Mr Rahman became motionless and loose and his head leaned at the side at which his head was left by the officer. This is also corroborated by Mr Taj Uddin and Mr Shahid Uddin.

According to the police personnel posted at the Kalain patrol post with whom the BHRPC team talked, there were two police officers there at the time who more or less look like tribals. One is Mr Y T Gaytsu and another is Mr L Saikia, the Deputy Superintendent of Police. It appears that the person who twisted the head of Mr Ajijur Rahman is either Mr Gyatsu or Mr Saikia.

According to the above mentioned eye witnesses, after the assault of the officer all people in the patrol post got agitated and a hullabaloo ensued. Two personnel lifted Mr Ajijur Rahman as if they were lifting a dead body and put him in a vehicle which then went away. It was at about 2am.

Mr. Mahibur Rahman further stated that a certain person named Mr AJijur Rahman Khan called him up on his cell phone and informed that a person of his name from Boroitoli was brought to the Kalain Community Health Centre and the physician in-charge of the hospital Dr Sumon Bhomik advised to take him to the Silchar Medical College and Hospital as he could not feel his pulse. Circumstances strongly indicate that Mr Ajijur Rahman  was brought dead and he died due to twisting of his head.

After that the family, relatives and neighbours of Mr Ajijur Rahman tried to find out what happened to him during the remainder of the night and in the morning some of them went to the SMCH and came to know about the death of Mr Rahman with help from local member of Assam Legislative Assembly Mr Ataur Rahman Mazarbhuiya. Autopsy of the body was conducted at the SMCH on 7 July and was handed over to the relatives of the deceased. After performing last rites Mr. Ajijur Rahman was laid to rest on the next day.

The local people were concerned that the post mortem report might not reflect the true causes of death and material facts might be suppressed since the autopsy in India is conducted in a very unscientific, legally improper and unreliable way. Usually someone engaged in manual scavenging cuts the body at the direction of a surgeon who stands at a safe distance and looks at the body from there. The surgeon does not touch the body or examine it otherwise. From that distance he makes a guess and writes down the cause of death based on the guess. In cases of custodial deaths the body remains under the custody and absolute control of the police since before the death until the autopsy report is prepared.

Observing such appalling conditions of autopsy procedure the National Human Rights Commission of India issued guidelines to the states as well as the central government calling for their immediate action to address the lack of transparency while dealing with deaths in custody. The Commission recommended video recording of the inquest as well as the post-mortem of the victim. The Commission has even recommended using a standardised ‘post-mortem examination report form’ by the forensic surgeons. These recommendations however have not been implemented in India in their letter and spirit. Sometimes the procedures may be recorded but the report is not prepared as per the recommended guidelines.

Sharing the concerns of the local people the BHRPC instantaneously on 7 July wrote a letter to the District Magistrate, Superintendent of Police and Superintendent of the SMCH enclosing the NHRC guidelines and urging them to conduct the autopsy as per the guidelines.

The DM also ordered an inquiry into the incident of death to be conducted an executive magistrate. People are of the opinion that it is nothing but an attempt to cover up the case and save the guilty officers and personnel. Executive magistrates are not independent judicial authorities. They are servants of the government and exercise quasi-judicial powers. They usually do not record evidence before the other parties and give parties opportunity to cross-examine the witnesses of the other party in violations of universally recognised rules of judicial procedure. There are reasons, therefore, to believe that their inquiry may not be objective and impartial.

The Parliament of India keeping in view of the lacunae in law regarding inquiry into the deaths in police custody incorporated a subsection (1A) in section 176 of the Criminal Procedure Code, 1973 by section 18 (ii) of the Criminal Procedure Code (Amendment) Act, 2005 providing for an inquiry by a judicial magistrate in addition to the inquiry or investigation held by the police. Although the BHRPC reminded the DM of this mandatory provision it was ignored.

The widow of late Ajijur Rahman filed a complaint at the court of Chief Judicial Magistrate, Cachar on 7 July 2012 under section 302, 506 and 34 of the IPC against Mr Y T Gyatsu and other police personnel. The complaint was sent to the Katigorah Police Station for registration and investigation. It was registered and assigned a case number vide Katigorah PS Case No. 291/12. The Officer-in-Charge of the police station entrusted a Sub-Inspector of police with the task of investigation. There are reasons to suspect the objectivity and impartiality of the investigation officer because he is working under the very persons who have been named as accused in the case.

Background:

As mentioned above, the police team that picked up Mr Ajijur Rahman was conducting raids to arrest some persons who were accused or suspects of creating mischief and rioting on and after 4 July in Kalain area. The law and order situation of the area deteriorated due to a call of general strike by the Hindu Jagaran Mancha in protest against alleged police harassment of youths belonging to their community who were suspected of being parts of the mob that assaulted and brutally beaten up Dr. Rumee Nath and her ‘husband’ on 29 June at Karimganj for her ‘conversion and marriage’ with the Muslim boy. The Mancha was also reportedly protesting against the protests of the supporters of Dr. Nath.

After the call of “bandh” (strike) on 4 July was given by the Mancha some groups in different areas of Barak valley issued a counter call to the people not to observe the bandh because, according to them, frequent strikes are harmful for the business and economy. These groups are thought to be the supporters of Dr Nath. In the morning of 4 July activists of the Mancha went to different parts of the valley to enforce the strike. One of such groups came to Kalain bazaar where they faced resistance from others who wanted the market to function normally.

The bazaar committee, a committee of shop keepers having shops at Kalain, intervened and a tripartite meeting was held among the opposers and supporters of bandh and the committee. The committee offered a compromise proposal after talk with both the parties that the shops could remain closed till 12 noon and then the shops could be opened. Though there were indications of acceptance by both the parties but it could not be finalised as some people of both the parties were adamant in their stands. The members of the committee went to their homes giving up hope of any settlement.

According to the information gathered by the BHRPC, after break down of talks when supporters of the bandh were trying to enforce it forcibly the police raised a barricade and kept most of them outside the barricade. However, they were trying to break the barricade unsuccessfully. With times the situation became very tense. At about 11.30am a mob of Muslim youths came with bamboo sticks and attacked anyone belonging to Hindu communities including shop-keepers and members of the bazaar committee. To face the attack many youths of Hindu communities also came out with sticks. A fight between the communities ensued. Stones were pelted from both sides. Some cycles and motor cycles were burnt down. About 18 people were wounded. They were 1. Mr Sunil Mandal, 2. Mr Sushil Deb, 3. Mr Sumon Deb, 4. Mr Pronit Deb, 5. Mr Sukhendu Kar, 6. Mr Jamal Uddin, 7. Mr Deepak Podder, 8. Mr Titu Baishnob, 9. Mr Buddha Deb Roy, 10. Mr Manna Deb, 11. Mr Sumit Shulkabaidhya, 12. Mr Badrul Islam Barbhuiya, 13. Mr Ranjit Deb, 14. Mr Khalil Uddin, 15, Mr Moin Uddin, 16. Mr Kamrul Haque, 17. Mr Debabrata Paul, 18. Mr Monsur Uddin and others. First six persons sustained serious injuries. Three reporters who went there to cover the situation were also caught in the fight between two communities and received injuries.

According to the local people, had the administration handled it efficiently the situation could be brought under control and the fighting and resulting injuries could have been averted. Executive magistrate Ms Khaleda Sultana Ahmed, DSP (probationary) Mr Iftikar Ali and in-charge of Kalain police patrol post Mr Anowar Hussain Choudhury were present. They failed to handle the mob frenzy. People felt they could take measures including lathi charge and tear gas fire. These measures could disperse the mob. Due to the inability of the authorities to take decisions the fighting intensified.

Towards the evening Additional District Magistrate Mr Borenya Das went to Kalain with a force of Central Reserve Police Force (CRPF) and ordered the police to charge the mob with sticks and fire of tear gas. The mob then got dispersed. The district administration then issued a prohibitory order under section 144 of the CrPC. The situation slowly came under control.

The police registered cases against many named and unnamed suspects who were accused of involvement in fighting on 4 July and started conducting raids of the houses of the people living there to arrest the suspects. It was one of such raids during which Mr Ajijur Rahman was picked up by the police and tortured him to death.

Controversy over ‘conversion and marriage’:

Apart from the mob hysteria that drove the mobs of both communities at that moment, this communal clash resulted from efforts of communalisation of ‘conversion and second marriage’ of Dr. Rumee Nath, encouragement and provocation of youths by a minister of Assam government to take law in their hands and beat up anyone who enters into inter-religious marriage.

Dr. Nath is a Member of Legislative Assembly of Assam (MLA) elected from Borkhola constituency in Cachar district holding ticket from the Congress party. She was earlier also elected from the same constituency as a candidate of the Bharatiya Janata Party (BJP) from which she later defected. She has been married with Mr. Rakesh Singh of Lucknow of Uttar Pradesh and from him she has a girl child who is about 2 years old. It was reported that their matrimonial relation has not been going well for some months.

In the month of April she reportedly got ‘converted into Islamic religion’ and ‘married’ one Jakir Hussain (also known as Jakey) of Badarpur under Karimganj district apparently as per Islamic rules. However, it is reported that the ‘conversion and marriage’ took place in the same sitting. Many Muslim clerics maintained that the marriage was invalid for it was solemnised before observing iddat period of three months and therefore her first marriage was subsisting. Validity of her conversion was also under question mark as it was tainted with motives that were not entirely pious. Most intellectuals of the valley also did not take her ‘conversion and second marriage’ pleasantly. According to them, her actions were immature, improper and not befitting of a public figure.

Her first husband filed a case against her and her ‘second husband’ under section 494, 497, 498 and others of the Indian Penal Code, 1860 accusing her of bigamy, (accusing her second husband of) adultery, enticing or taking away or detaining with criminal intent a married woman. She also filed case against her first husband alleging domestic violence.

The BHRPC maintained that right to get converted into any religion is a part of the freedom of conscience and free profession, practice and propagation of religion guaranteed by Article 25 of the constitution of India. Per se inter-religious and inter-caste marriages are also recognised by the Special Marriage Act, 1955 and such marriage should be encouraged as they can promote harmonious communal co-existence and secularism. However, in case of Dr. Nath the things are a little different. She was a married woman with a two years old child. Bigamy or living with another person as man and wife during the subsistence of earlier marriage prima facie amount to offence against the institution of marriage. Abandoning a 2 year old child is cruelty on the child and violation of child rights. These grievances against her could be legitimately vented through legal means and judicial process and which was what her first husband resorted to.

However, some groups including the Hindu Jagaran Mancha exerted themselves to blow it out of all proportion. They conjured up spectre of ‘love jihad’ and started campaign against inter-religious and inter-caste marriages, friendship between girls and boys belonging to different communities and even resorted to vigilantism by raiding parks, restaurants and other public places in search of inter-religious couples and friends and beating them up. Ostensibly this group received encouragement from political leaders who were interested in diving people in religious lines and diverting the attention of the people from the real issues of starvation deaths, corruption, miserable conditions of rural and urban roads and the national highways, human rights violations by police and armed forces etc.

A very influential politician of the ruling congress party in Assam Mr Gautom Roy, Minister for Public Health and Engineering (PHE), at a public function organised to mark 3 years of Assam government issued a call to the public to beat up any boy who marries a girl from a different community and to hand over the girl to her guardians. Provoked and encouraged by this call a mob of more than one hundred youths attacked Dr Nath and her ‘second husband’ at about 10pm on 29 June 2012 at Hotel Nakshatra in Karimganj where she was staying for the night after visiting her constituency. Both of them were brutally assaulted, and according to her, attempts were also made to rape her. After hours a police team rescued them in serious conditions. They were rushed to Guwahati for treatment.

The BHRPC could not confirm any direct links of the minister with the attack on Dr Nath and the mob that attacked her. But it is obvious that his call to beat up such couples definitely encouraged the mob. The comment of the minister is not only against the established constitutional canons of the land and principles of human rights but also a provocation to breach the public order and a call towards further lawlessness and jungle raj. Any person including a minister may disagree with any law and in such cases he should propose repeal or amendment of the law if he is sincere in his opinions. A minister who is part of the party that rules at the central and state governments should have proposed amendment of Article 14, 21 and 25 of the constitution and the Special Marriage Act, 1955 if he sincerely thought that conversion and inter-religious marriages are undesirable. By provoking youths he betrayed his motives.

The attack on Dr Nath is a manifestation of desperate reactions of patriarchy and its interests against the empowerment of women and empowered women. These are attacks on expression of moral agency in women. She was abused and attacked only because she was a woman.

Conclusion:

It is found that Mr Ajijur Rahman was the latest victim of inhumanity and brutality of the police which they sometimes without any rhymes and reasons unleash on the very people for whose protection they are being paid. His son Mr Nazim Uddin might be an accused or suspect and his arrest might also be necessary in the situation. But it is absolutely illegal to take his father into custody to be used as bait for the son. Moreover, the torture and other cruel, inhuman and degrading treatment to which he was subjected and which allegedly caused his death are not only illegal but also inhuman and barbarous.

It is also found that groups of people who have vested interest in communal divisions among the people created controversy around ‘conversion and second marriage’ of Dr Rumee Nath and engaged in a communal campaign. It polarised some people in religious lines and created tensions in Barak valley.

Provocative and ant-constitutional statement of Minister Gautom Roy encouraged the mob of the male dominated society to attack Dr Nath, a woman who represents more than 1 million people in the law-making body of the state and her ‘second husband’.

The alleged police harassment of youths and inefficient investigation of the attack case and efforts of forcible enforcement of strikes led to the fighting between the communities at Kalain; communal mass hysteria of some Muslims youths of Kalain and inefficient handling of the situation by the  authorities present there led to the fighting between the communities resulting in injuries of many innocent people; insensitivity to human rights of the people and reliance on illegal means and torture during investigation by the police resulted in the death of Mr Ajijur Rahman.

Recommendations:

The BHRPC recommends to the authorities including the Central government of India and government of Assam to take following actions:

To the Government of Assam:

  1. To conduct a prompt and objective judicial inquiry into the death of Ajijur Rahman and the circumstances that led to his death;
  1. To cause the investigation of the case of custodial death of Mr Ajijur Rahman to be conducted by a team led by an officer of the rank of Superintendent of Police of the Crime Investigation Department of Assam police;
  1. To pay an ex-gratia of an adequate amount to the next of kin of Mr Ajijur Rahman;
  1. To hand over the investigation of mob attack on Dr Rumee Nath to the Central Bureau of Investigation of Delhi Police as name of a minister of Assam government is involved in the incident;
  1. To amend the Assam Police Act, 2007 to bring it in conformity with the directions of the Supreme Court of India in Prakash Singh and others Vs. Union of India and others case;
  1. To separate investigation wing and maintenance of law and order wing of Assam police completely;
  1. To train the officers and other personnel of Assam police in following human rights laws while tackling riots and dealing with mobs; and
  1. To take any other actions needed for protection of human rights of the people.

To the Central Government of India:

  1. To ensure a prompt and impartial inquiry by a judicial authority into the death of Ajijur Rahman, communal fighting and mob attack on Dr. Rumee Nath;
  1. To ensure that the investigation of the case of custodial death of Mr Ajijur Rahman is conducted by a team led by an officer of rank of Superintendent of Police of the Crime Investigation Department of Assam police;
  1. To ensure  payment of ex-gratia of an adequate amount to the next of kin of Mr Ajijur Rahman;
  1. To ensure the investigation of mob attack on Dr Rumee Nath to the Central Bureau of Investigation of Delhi Police as name of a minister of Assam government is involved in the incident;
  1. To repeal the colonial Police Act of 1861 and enact a police act as per directions of the Supreme Court of India issued in Prakash Singh and others Vs. Union of India and others case;
  1. To enact the Communal Violence Bill after further consultation with the civil society;
  1. To enact the Prevention of Torture Bill after further consultation with civil society;
  1. To enact a law providing for adequate reparation and rehabilitation of the victims of human rights violations by the state agencies and their families after consultation with the civil society; and
  1. To take any other appropriate actions required for protection of human rights of the people.

For any clarification and more information please contact:

Waliullah Ahmed Laskar

Director, Legal Affairs

Barak Human Rights Protection Committee (BHRPC)

Cell: +919401942234

Email: wali.laskar@gmail.com


[1] Mr. Mahibur Rahman, aged about 50, son of Haji Haroos Ali, resident of Lakhipur Part-I, Kalain, Katigorah, Cachar.

[2] Mr. Taj Uddin, aged about 44, son of late Abdul Barik of Boroitoli Part-I

[3] Mr Shahid Uddin,  aged about 25, son of late Abdul Wahab Barbhiuya of Brahmangram.

[4] The house belongs to one Mr Mainul Haque. They did not awake him lest the police know about any movements.

 

 

 

NHRC pulls up Assam over hunger deaths and rights violations

May 29, 2012

Guwahati, 29 May 2012: The National Human Rights Commission (NHRC) pulled up the government of Assam over hunger deaths of tea labourers and other cases of human rights violations. In its camp sitting in Guwahati held on 28 May 2012 the NHRC heard about 50 pending cases relating to Assam state of North East India.

’Out of 17 cases, which the full commission heard, at least 6 cases were closed after the commission got satisfactory answers from the state authorities. In the other cases, the commission has given time to the authorities to respond to its recommendations. The commission recommended about rupees (Indian currency) 1.8 million (18 lakh) as monetary relief in different cases of human rights violations’, NHRC said in a release to the press.

‘In the matter relating to starvation deaths in the Bhuvan valley tea estate in Cachar district, the commission has asked the state government to pay rupees 0.2 million each to the two tea garden workers and rupees 0.1 million (1 lakh) each to about 13 dependents of the workers who died due to starvation. The Commission has also directed the state government to inquire whether the Tea Association of India (TAI) was distributing the food grains properly among the workers or not’ said the NHRC. The government provides the tea workers with food items from the Public Distribution System (PDS) through the TAI which is not favorably seen by the commission.

The NHRC release further stated that in a case relating to rehabilitation of children rendered orphan or destitute in communal riots in upper Assam districts, the commission asked the state government to identify the child victims without any further delay and give financial assistance to them and sent compliance report along with proof of payment within eight weeks. The Commission observed that it is the negligence of officers that led to orphaned children not getting timely assistance despite the fact that so many years have past since the riots.

In the cases relating to force prostitution of three women in Cachar district, the commission asked the state government to pay rupees one lakh each to the three victims. The government was also asked to inquire whether there was any organized activity going on in the state ofAssamto bring girls from Meghalaya to Cachar and Silchar and forced them into prostitution. The authorities have been asked to take action against the guilty.

On the issue of witch hunting, the state authorities admitted that this practice is prevalent in backward and distantly located places. During last five years, about 88 women and over 40 men  became victims of such incidents. The commission has asked the state authorities to create awareness among people and strive for fast investigation and speedy trial in incidents of witch hunting to at the deterrent.

The commission also heard encounter and custodial death cases in its two division benches and asked the police authorities to scrupulously adhere to its guidelines and submit all the reports to the commission timely for early disposal of such cases.

The Assam based human rights group Barak Human Rights Protection Committee (BHRPC), the group that has been reporting the starvation deaths of tea workers and fighting for their cause and complainant in several other cases, said that this move of the NHRC to dispose of pending cases expediently and to reach out to the remote areas in a bid to sensitize the government officials and talk with the civil society groups are great steps and have been long overdue. This will go a long to protect rights of the people encouraging the independent human rights defenders and the recommendations and observations of the NHRC will work as strong disincentive to the potential violators among the officials.

NHRC to hear starvation deaths and rights violation cases in North East India

May 27, 2012


Guwahati, 27 May 2012: The National Human Rights Commission (NHRC) will hear cases of human rights violations concerning Assam and Meghalaya including the cases of starvation deaths of the tea workers in Cachar district in camp sitting in Guwahati and Shillong from 28 May to 30 May 2012.

In the Assam sitting at North-Eastern Development Finance Corporation (NEDFi) house,G.S. Road, Guwahati on 28 May about 50 pending cases will be heard and disposed of. Alongside the hunger deaths in the Bhuvan valley tea estate, other important cases to be considered include land-grabbing and deprivation of sources of livelihood of 300 families who face eviction in Karimganj district, alleged eviction of about 6000 adivasis by forest officials from Lungsun forest area in Kokrajhar district, rehabilitation of children rendered orphan or destitute in communal riots in upper Assam districts, denial of basic facilities to the residents of 22 villages in Kamrup district, witch hunting, sexual exploitation of women, illegal coal mining in Tinsukia district, deaths in encounter and custody.

The starvation deaths case and the case of land-grabbing have been filed by the Barak Human Rights Protection Committee (BHRPC).

In the former case the BHRPC has alleged that so far 15 people died in the Bhuvan valley tea estate, a tea garden owned by a Kolkata-based private company, due to starvation, malnutrition and lack of proper health care since 8 October 2011.

In the case of land-grabbing it has been alleged that around 300 families of traditional forest dwellers in and around Patharia forest reserve in Karimganj district have forcibly been deprived of their sources of livelihood and now living under severe threat of imminent eviction from their dwelling houses by some businessmen who reportedly grabbed lands measuring approximately 130 hectares (330 acres) allegedly for rubber plantation in a village where the families of the forest dwellers have been living for generations depending on the forest produces for livelihood.

In both the cases the NHRC has already issued notices to the chief secretary ofAssamcalling for action taken reports.

In a release to the press the NHRC said that a delegation headed by its chairperson Mr. Justice K.G. Balakrishnan and comprising of members, director general (nvestigation), registrar (law) and other senior officers will be in Guwahati, Assam from 28 to 29 May, 2012 and on 30 May, 2012 in Shillong, Meghalaya for its camp sittings.

The cases of Assam will be considered for disposal with necessary directions to the public authorities during the camp sitting at in NEDFi house. Out of the 50 cases, 17 cases will be heard at the full commission sitting chaired by Mr. Justice K G Balakrishnan. 12 cases will be taken up by the division bench comprising of Mr. Justice G.P. Mathur and Mr. P.C. Sharma. 21 cases will be taken up by the division bench comprising of Mr. Justice B.C. Patel and Mr. Satyabrata Pal.

The NHRC in the brief further stated that on 29 May, 2012 the commission will hold discussions with the chief secretary, district magistrates and concerned officers on the progress made by the state government on its recommendations relating to different human rights issues. These will include silicosis, mental health, manual scavenging, prison matters, labour issues, child marriage, prenatal sex selection, population policy etc. A meeting with local NGOs on human rights issues will also be held later in the day.

Cases relating to Meghalaya will be heard in the camp sitting at Hotel Pinewood, Shillong from on 30 May, 2012. The commission will take up nine pending cases, which will be heard by the full fommission and the two division benches respectively. These will include issues of child labour in coalmines, dead male foetus found in several parts in the state, deaths in police firing, torture of labourers at West Garo Hills by Border Security Force (BSF) personnel and ostracization of 17 families facing denial of food grains for 72 months.

In the afternoon session the commission will hold discussions, with senior officers on the progress made by the state government on its recommendations relating to different human rights issues. These issues will include mental health, 28 district programmes, labour issues, manual scavenging, child marriage, prenatal sex selection, population policy and custodial death cases among others.

France 24 reports starvation deaths of Assam tea workers

May 19, 2012

After the Barak Human Rights Protection Committee (BHRPC) released reports on deaths of workers due to starvation, malnutrition and lack health care in the Bhuvan valley tea estate of south Assam, many national and international media groups along with some rights groups including the Asian Human Rights Commission (AHRC) have taken up the matter and in their own ways attempted to address the situation. Latest one is a report that has been broadcast today by FRANCE 24 Television, an international news channel based in Paris, on the basis of the findings of an independent investigation undertaken by its correspondents Natacha Butler and Vikram Singh. They found that people are still dying due to malnutrition and several others are suffering from diseases related to chronic malnutrition due to low wages and absence of medical facilities in violations of laws passed by the Indian parliament as well as international human rights laws. Here is the report:

The dark side of India’s tea industry

Indians are the world’s biggest tea drinkers and producers. Half of the country’s entire output comes from the north-eastern state ofAssam, but the conditions for many of those who work on its tea plantations are appalling. Workers earn well below the minimum wage and malnutrition is also common. Laws about facilities and conditions on tea estates exist, but many don’t comply. Our correspondents Natacha Butler and Vikram Singh went to visit one such estate in the south ofAssam.

By Natacha BUTLER / Vikram Singh

http://www.france24.com/en/sites/all/modules/maison/aef_player/flash/player_new.swf

 

Found at http://www.france24.com/en/20120518-india-tea-estates-assam-malnutrition-workers-rights accessed on 18 May 2012

 

BHRPC comments on police report on rape of a patient by her doctor

May 12, 2012

 The Cachar district superintendent of police submitted a report to the Assam Human Rights Commission (AHRC) on allegations of rape of a patient by her doctor raised by the Barak Human Rights Protection Committee (BHRPC). Below are the comments of the BHRPC on the police report:

       1. The findings of the police investigation that the charge under section 376 of the Indian Penal Code, 1860 against the accused/alleged violator is established as stated in the report of the district superintendent of police (SP), Cachar is substantially correct.

        2. The medical report can not be relied upon for a number of reasons:

                             i. There was inordinate delay in conducting the test;

                             ii. The report goes against the circumstantial evidences;

                            iii. The report goes against the accounts of the witnesses as recorded by the police;

                      iv. The element of sympathy of the doctors who conducted the test towards the doctor who is the alleged violator creeping in and vitiating the objectivity of the findings can not be ruled out as both of them are colleagues and belong to the same profession.

        3. The findings of the police is correct because there are supports and corroborations among the accounts given by the victim/survivor in her First Information Report (FIR), her statement before the judicial magistrate recorded under section 164 of the Criminal Procedure Code (CrPC), 1973 and the accounts of witnesses recoded by the police.

         4. As the report of the medical test is not reliable for the reasons stated above the claim in the report about the age of the victim/survivor being between 18 to 20 years can also not be relied upon.

      5. According to the statements of the victim/survivor in both the FIR and that which has been recorded under section 164 of the CrPC and the witness accounts, it appears that the victim was a minor at the time of violations of her rights.

       6. The facts and circumstances described in documents on record including the FIR, victim’s statement under section 164 of the CrPC, and the report of the SP clearly establish commission of offence of rape by the alleged violator upon the victim/survivor. Therefore, it is established that human rights of the survivor/victim have been violated.

     7. The filing of charge-sheet by the police will facilitate the criminal court to conduct trial on the criminal aspect of case in order only to fix criminal liability and proportionate penal measure called for under the law. It is not the domain of the trial court to consider human rights liability of the violator and remedies to the victim/survivor.

    8. Therefore, it comes under the jurisdiction of the Commission to fix human rights liability and more importantly to provide redress to the victim/survivor in terms of adequate compensation.

In view of the above submission, the BHRPC most humbly urges that the Commission may be pleased to:

  1. Recommend to the authorities to provide an adequate amount of compensation to the victim/survivor;
  2. While fixing the quantum of the compensation the Commission may take into consideration the aggravating factors involved in the case such as (a) that the alleged violator is a government servant paid from the state exchequer for acting as savoir for those who are suffering from physical distress; (b) that the victim/survivor went to the alleged violator in full trust as his position demands; (c) that the alleged violator took benefit of position of custodian of the victim/survivors at the moment of commission of the violating acts; (d) that the case has a clear custodial angle; (e) that the age and social and other circumstances of the victim/survivor are such that the minor girl has had an entire life full of colours but which has been destroyed beyond repair for no faults of hers and her life has become an undesirable and unbearable burden on her fragile shoulders; and
  3. Any other recommendations and/or actions as the Commission deems fit and proper for vindication of human rights of the victim/survivor and to meet ends of justice.

The statement of BHRPC on the matter can be viewed here.

Police report on alleged rape of a patient by her doctor in Assam

May 12, 2012

….

On perusal of relevant records of the case, it transpired that on last 27/11/2011 the complainant (name and address withheld by the BHRPC for protecting identity) lodged an FIR at Dholai PS interalia alleging that on the same day @ 4PM the complt. being accompanied by her sister in law (name withheld) had been to the chamber of Dr Dilip Paul at Sadagram (Dholai Bazar) where he refused to check her up. Instead, he asked her to be in his residential chamber for her check up and treatment. On her arrival at his residential chamber the accused doctor asked her to go inside while her sister in law was asked to wait outside. As soon as she entered the house, the accd. doctor closed the door and window from the outside and forcibly raped her.  Hence the case was registered and investigated.

In course of investigation the I/O examined the complt. (victim) and recorded her statement U/S 161 CrPC as well as recorded judicially U/S 164 CrPC. In both statements given to police and to the court, the complt. corroborated the gist of the FIR. The I/O also visited thePO, drew up sketch map. The I/O got the complt. medically examined at SMCH, Silchar and collected medical report where the concerned doctor of the SMCH, Silchar opined that (1) Evidence of recent sexual intercourse not detected (II) evidence of violent mark not detected in her private part and (III) her age is above 18 years and below 20 years. The I/O, also, in course of investigation examined the following witnesses who appeared to be acquainted to the fact or the case. Their statements were recorded U/S 161 CrPC.

WITNESS:

  1. (Name withheld by the BHRPC)
  2. (Name withheld by the BHRPC)
  3. (Name withheld by the BHRPC)
  4. Mrs Manjuma Sangami

The first three of the four witnesses examined above corroborated the gist of the FIR to the extent of their knowledge about the occurrence. The fourth witness Mrs Manjuma Sangmai being the wife of the accd. doctor relayed the story in her statement in the way to defend her accd. husband.

In course of investigation the accd. Dr Dilip Paul was arrested in connection with the case and examined and interrogated thoroughly vis-à-vis the charges leveled against him. Later on, he was released on bail as per the direction of the Hon’ble Gauhati High Court. During the investigation the charge under section 376 IPC found established against the accd. Dr Dilip Paul. Hence charge-sheet was already submitted against him on 13/03/12.

………

Sd/

Superintendent of Police

Cachar, Silchar

Date: 17/03/12

(This report (vide No. G/SR/1281 dated 16/03/12) was submitted to the Deputy Registrar of the Assam Human Rights Commission in response to the notice issued by the AHRC for report on the complaint filed by the BHRPC and has been registered vide AHRC Case No. 302/2/11-12.)

(In response to a letter of the Deputy Registrar, AHRC, the BHRPC submitted its comments on the report which is available here and BHRPC statement can be viewed here.