Posts Tagged ‘Deaths’

Hunger Alert: Urge India to save her people from hunger death

May 21, 2012

Dear friends,

Very shockingly, the enforced conditions of starvation and famine and resultant tragedy of hunger deaths of the tea workers of Assam still persists with its all menacing ugliness. Labourers of tea estates in this North East Indian state known worldwide for tea production are dying one after another due to malnutrition and lack of proper health care.

So far 15 workers of a particular tea garden in South Assam died and several others are counting their days, according to the information available with the Barak Human Rights Protection Committee (BHRPC).

 Please support the tea workers and sign the petition:

 Further information:

The BHRPC conducted a fact-finding study during the last days of January 2012 in the Bhuvan valley tea garden after receiving reports of hunger deaths and released a fact-finding report on 1 February revealing information about deaths of 10 residents of the estate allegedly caused by starvation, malnutrition and lack of proper health care. After that deaths of four more persons were reported.

The latest unfortunate death was of Lakhi Prasad Dushad, a permanent worker of the estate and a resident of North bank division who died on 3 May 2012.

He was only 38 years old. He left behind him his wife Imti Dushad (aged about 30), his sons Kishan Dushad (15), Eleven Dushad (13), Sujit Dushad (11), Hitesh Dushad (8) and 5 year old daughter Sweetie Dushad. Their survival is uncertain and matter of grave concern.

Lakhi Sabor, wife of Giridhari Sabor of Boali area in the garden. She is very weak and has low appetite and low vision.

Lakhi Sabor, wife of Giridhari Sabor of Boali area in the garden. She is very weak and has low appetite and low vision.

It all started in this tea estate, owned by a private company based in Kolkata (West Bengal),  when the owners closed down the estate on 8 October 2011 and abandoned the labourrer, about 500 of whom were permanent and another 1000 casual workers, in response to their demands for payment of outstanding dues of wages, increase in the wages which was about Rs. 41,00 for casual workers and Rs. 55.00 for permanent workers and far below the statutory minimum wages and payment of other withheld benefits. He illegal closure of the estate resulted in loss of means of livelihood of the workers that pushed them into the condition of starvation and famine leading to the deaths and death-like condition of living. The rights of plantation workers to fair wage, bonus, provident fund, housing and basic medical facilities in accordance with the Plantation Labour Act, 1951 have not been enforced. In the course of closure, the government also failed to make any intervention to guarantee their fundamental rights to live with dignity. It is further found that basic medical care and food distribution for the poor under the government schemes including the ICDS did not properly reach even those workers who lost their livelihoods and that it was one of the causes that led to the deaths.

Even after deaths of so many people the central government ofIndiaand the state government ofAssamhave not yet taken any effective actions for amelioration of the situation except some inquiries designed to serve as a cover-up. Therefore, workers in the garden are still dying.

In view of the above and the commitment ofIndiato the protection of human rights of every citizen and prevention of starvation deaths, the BHRPC urges that:

A. The authorities should provide urgent relief to the tea workers in terms of food supply and medical treatment to prevent further deaths and deterioration of health conditions of sick workers and their dependents.

B. The authorities should conduct a prompt, impartial and objective inquiry into the situation of the garden to fix responsibility for the deaths and the conditions that led to this situation including corruption in implementation of government welfare schemes and non-adherence to the provisions of the Plantation Labour Act, 1951 and other laws applicable in the estate management by an independent commission of inquiry headed by a sitting or retired judge of a high court or the supreme court and comprising of, among others, medical experts, nutrition experts, labour rights and human rights experts.

C. The officials or other persons who would be found negligent and derelict in their legal duties and responsibilities that directly contributed to the developing of the situation that led to the deaths should be prosecuted according to law.

D. The kin and the dependent of the deceased person should be provided with adequate reparation so far money can provide.

E. The authorities should ensure that all outstanding dues of the labourers are paid immediately and the wages of all tea labourers ofAssammade equal for the time being and that the tea gardens are run according to the laws providing all rights and benefits to the labourers under the laws.

In sum, we would also like to see assumption of some moral responsibility for these calamitious circumstances of death under conditions of hunger and malnutrition, instead of a mere legalistic standpoint. We expect that the Govt. at the state and the Centre should speak the truth and does not issue mere denials in a circumlocutory fashion. In this situation of famished deaths, “ought” is more important than “is”.

Please support the tea workers and sign the petition:

 

Bablu Bauri lying in his courtyard. His father Atul Bauri died of hunger recently.

Bablu Bauri lying in his courtyard. His father died of hunger recently.

––––––––––––––––––––––

More information:

The sources of important information in detail about the starvation deathsand the condition of the tea workers that can be found in the internet are given below:

 

BHRPC reports on the continuous tragedy in Bhuvan valley tea estate

1. Preliminary fact-finding report:

            Tea labourers dying of hunger in Assam

            (https://bhrpc.wordpress.com/2012/02/01/hungeralert1/)

 

2. Update-I:

 

            Situation of hunger deteriorates in Assam tea garden

            (https://bhrpc.wordpress.com/2012/02/23/situation-of-hunger-deteriorates-in-assam-tea-garden/)

3. Update-II:

             Two more people died in Assam tea garden

             (https://bhrpc.wordpress.com/2012/02/23/hungeralert3/)

4. Update-III:

            Assam government’s actions regarding starvation deaths are inadequate and misleading

         (https://bhrpc.wordpress.com/2012/03/03/assam-governments-actions-in-starvation-deaths-are-inadequate-and-misleading/)

5. Update-IV:

             Deaths continue unabated in Assam tea garden

            (https://bhrpc.wordpress.com/2012/03/10/hungeralert4/)

6. Update-V:

             Another death in starving tea garden of Assam

            (https://bhrpc.wordpress.com/2012/05/08/hunger-alert-5/)

 

Reports and actions by other organizations:

1. Hunger Alert issued by the Asian Human Rights Commission:

            INDIA: Assam government failed to ensure the right to life with dignity of tea plantation workers leading to ten deaths

            (http://www.humanrights.asia/news/hunger-alerts/AHRC-HAC-002-2012)

2. Update on the AHRC Hunger Alert:

            INDIA: Two more estate workers die from starvation while the government denies responsibility

            (http://www.humanrights.asia/news/hunger-alerts/AHRC-HAU-001-2012)

3. Preliminary report of the People’s Rights Forum and other oganisations:

            Other civil society groups corroborate hunger deaths in Assam tea garden

(https://bhrpc.wordpress.com/2012/04/27/bhuvan-valley-other-ngos/)

 

News reports and articles in the media (important ones only)

1. 19 January 2012:

            Inquiry into Cachar hunger deaths

            (http://www.telegraphindia.com/1120119/jsp/northeast/story_15021706.jsp) –News report in the Telegraph

2. 5 February 2012:

Swami Agnivesh writes to Assam CM on starvation deaths

(http://www.sentinelassam.com/cachar/story.php?sec=2&subsec=12&id=105944&dtP=2012-02-05&ppr=1) – News report in the Sentinel

3.  9 February 2012:

            Tea workers die of starvation

            (http://www.asianage.com/india/tea-workers-die-starvation-031) – News report in the Asian Age

            Rights group seeks prove into starvation deaths

            (http://articles.timesofindia.indiatimes.com/2012-02-09/guwahati/31041559_1_starvation-deaths-rights-group-inquiry-panel) – News report in the Times of India

4. 21 February 2012:

Stay hungry: The story behind Assam tea

(http://ibnlive.in.com/blogs/arijitsen/148/63192/stay-hungry-the-story-behind-assam-tea.html) – News reports and talk show in CNN-IBN

5. 25 February 2012

Did they die of hunger? The Question Haunts Barak Valley

(http://tehelka.com/story_main51.asp?filename=Ne250212Hunger.asp) – Current Affairs report in the Tehelka Magazine

6. February 2012:

            Tea Industry in Barak Valley vis-à-vis Assam and The Plight of The Tea workers (http://swabhimanngo.blogspot.in/2012/02/tea-industry-in-barak-valley-vis-vis.html) –Blog Article in Swabhiman

7. 5 March 2012:

            Team of doctors confirm malnutrition of tea workers

            (http://www.deccanherald.com/content/232180/team-doctors-confirm-malnutrition-tea.html) – News report in the Deccan Herald

8. 13 March 2012

Dispur rap on garden for deaths

<http://vv.telegraphindia.com/1120314/jsp/northeast/story_15246290.jsp&gt; – News report in the Telegraph

9. 1 April 2012:

Bhuban Valley TE labourers not getting loans from PF

(http://sevensisterspost.com/?p=1944) – News report in the Seven Sisters Post

10. 4 April 2012:

            Assam government fails to protect right to life with dignity of tea workers

            (http://newsblaze.com/story/20120404060251zzzz.nb/topstory.html) – Op-ed article in the Newsblaze

11. 18 May 2012

            The dark side of India’s tea industry

            (http://www.france24.com/en/20120518-india-tea-estates-assam-malnutrition-workers-rights) – News report and analysis in the France 24 Television

––––––––––––––––––––––

Please support the tea workers and sign the petition:

 

––––––––––––––––––––––

Guwahati, Assam

21 May 2012

Fore any clarification or further information contact:

Waliullah Ahmed Laskar

Mobile: +91 9401942234

Email:wali.laskar@gmail.com

Advertisements

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

 

New born baby dies at hospital in Assam due to negligence of doctors

April 11, 2012


The Barak Human Rights Protection Committee (BHRPC) has learnt that a new born baby died at a hospital in Assam within about 50 hours of his birth on 1 April 2012 due to negligence of doctors. An expectant mother in labour was brought to the S K Roy Civil Hospital in Hailakandi at about 1pm on 30 March. No doctors saw the woman and with the help of nurses she had to give birth to a male child. It was a forced birth. The conditions of both the mother and child started to worsen soon thereafter. Still no doctors in the hospital saw them. They then went to the Silchar Medical College and Hospital, Silchar (SMCH) and the baby died there at about 6pm on 1 April. It was the first child of the couple.

After the BHRPC first learnt about the incident from local newspapers (see 5 April 2012 issue of the Dainik Nababarta Prasanga, a daily Bengali newspaper published from Karimganj, Assam) on 5 April, it contacted the family and verified the information given in the newspapers and collected other relevant information.

According to the information, the unfortunate parents are Mr Bijoy Dev and his wife Ms Tumpa Dev. They are residents of Ward No. 10,College Road, Hailakandi town in the district of Hailakandi. Mr Bijoy Dev is a small shopkeeper and provides the family from earnings of his pan shop (a small store where shopkeeper sells a mouth-freshener chewing item prepared by mixing different types of areca nuts, betel leaf, tobacco etc. according to order of the customer) that he runs  in front of his house. His wife 20-years-old Tumpa Dev conceived the baby for the first time. After conception the couple were seeing Dr Shubhendu Chakrabarti regularly at his private chamber. Although Dr Chakrabarti is a government doctor posted at the S K Roy Civil Hospital he has his private practices like almost all other government doctors inAssam.

Mr. Bijoy Dev stated that when Ms Tumpa Dev went into labour at the normal time on 30 March her husband and other relatives brought her to the S K Roy Civil Hospital at about 1pm. But there were no doctors on duty in the 100-bedded hospital. Dr Shubhendu Chakrabarti was in Guwahati, the capital city ofAssam. Therefore nurses tried to help her. After much agony and tribulation she delivered a baby at 4pm. It was a boy. However, his condition was critical. He could not breathe properly. The nurses started giving him oxygen. Meanwhile the father of the baby and other relatives were desperately looking for a doctor. They were informed by the hospital staff that at that time Dr D K Dev should have been in duty. They went to his residence. Mr Bijoy Dev’s older brother Mr Joydeep Dev and brother-in-law Mr Rajesh Dev urged Dr D K Dev to come to the hospital and do something to save the life of the new-born. Dr Dev told them that he was tired since he was at a health fair at Bilaipur, a remote village in the district for the whole day. He refused to help the baby in his fight for life. In the meantime, health condition of the mother also started getting worse.

The relatives then went to another doctor of the hospital Dr Abul Hussain at about 10pm. He was at home but refused to visit the hospital. He asked them to bring the patients at his house. The mother and baby then were brought to the place of Dr Hussain who after examining them wrote a prescription. Mr Bijoy Dev told the BHRPC that Dr Hussain told them that the condition of the baby and mother became so serious due to the forced delivery. According to him, it was a fit case of caesarean section. The doctor told that he was of the opinion that if the delivery would have been caused through caesarean there would not be any complexities since the baby appeared otherwise alright.

Mr Bijoy Dev stated that after they got the medicines prescribed by Dr Hussain from an outside drug store they brought the baby and his mother back to the hospital. One Dr L D Sinha came on duty next day morning. When the medicines prescribed by Dr Hussain failed to check the deterioration of the health condition of both the mother and her baby Dr Sinha referred the patients to the SMCH. At about 7.30 am on 31 March they were brought to the SMCH and were admitted in the department of obstetrics and gynaecology. Dr P Nath, an associate professor in the department examined them. Dr Nath also confirmed the findings of Dr Hussain that the forced delivery caused the complexities. According to Mr Bijoy Dev, the doctors and the staff at the SMCH tried their best to save the baby but he was declared dead at about 6pm. However, Mr Dev also informed the BHRPC that the hospital did not provide them with any medicines and he had to buy them from outside stores.

This appears to be a clear case of causing death by negligence within the meaning of section 304A of the Indian Penal Code, 1860 if the opinions of Dr Nath and Dr Hussain are to be believed even if keeping in mind the rules laid down by the Supreme Court of India in Jacob Mathew Vs State of Punjab (2005) (Appeal (Crl.) 144-145 of 2004) for application of the section in cases of negligent and rash acts or omission of doctors.

Most importantly, it is a prima facie case of violations of fundamental right to life as laid down in Article 21 of the Constitution of India. In a catena of cases the Supreme Court held that the right to health care is a part of the right to life.

The negligent conduct of the doctors, particularly that of Dr D K Dev, that caused the death of the baby also amounts to violations of the rights enshrined in Article 25 of the Universal Declaration of Human Rights, 1948 that reads: “(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.” 

“(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.”

The allegations also constitute violations of provisions of legally binding human rights instruments to which Indiais a state party. Such as the right to life provided under Article 6 of the International Covenant o Civil and Political Rights, 1966. Clause 1 of the Article lays down: “1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.”

As a positive entitlement the right to health and health care is recgonised in  Article 12 of the International Covenant on Economic, Social and Cultural Rights, 1966 which says: “The right to the highest attainable standard of health”. The General Comment 14 the Committee for Economic, Social and Cultural Rights states that the right to health requires availabilityaccessibilityacceptability, and quality with regard to both health care and underlying preconditions of health. This case is a glaring instance of gross violation of this universally recognised provision.

Further, it is also a case of violations of relevant provisions of other United Nations convention such as Article 12 of the Convention on the Elimination of All Forms of Discrimination against Women, 1979 (CEDAW)[1] and Article 6 of the UN Convention on the Rights of the Child, 1989 (CRC)[2].

After documentation of the case BHRPC filed a complaint at the Assam Human Rights Commission (AHRC) and the Assam State Commission for Women (ASCW). Letters were also sent to the other authorities including the prime minister ofIndiaand the chief minister ofAssamurging them to take appropriate actions including:

 1. a prompt, objective and exhaustive investigation into the alleged negligence of Dr D K Dev and other doctors of the S K Roy Civil Hospital, Hailakandi;

 2. payment a prompt relief in terms of money to the parents of the baby pending the inquiry/investigation;

3. adequate reparation in terms of monetary compensation to the parents of the baby for loss of life of their son and for suffering physical and mental agony;

 4. prosecution of the alleged negligent doctors for fixing their criminal liability;

At a time when the government of Assam is busy advertising its ‘achievement’ in the health sector with much fanfare it will be interesting to follow the actions of the government that may be or may not be taken in response to these specific allegations.

11 April 2012

Guwahati,Assam

For any clarification or more information you may contact

Waliullah Ahmed Laskar

Mobile: +91 9401942234

Email:wali.laskar@gmail.com


[1] Article 12 of the Convention on the Elimination of All Forms of Discrimination against Women, 1979 (CEDAW) reads:

“Article 12

1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of health care in order to ensure, on a basis of equality of men and women, access to health care services, including those related to family planning.

2. Notwithstanding the provisions of paragraph I of this article, States Parties shall ensure to women appropriate services in connection with pregnancy, confinement and the post-natal period, granting free services where necessary, as well as adequate nutrition during pregnancy and lactation.”

[2] Article 6 of the UN Convention on the Rights of the Child, 1989 provides:

“1. States Parties recognize that every child has the inherent right to life.

2. States Parties shall ensure to the maximum extent possible the survival and development of the child.”

Labourer buried alive at an illegal stone mine in Assam

March 17, 2011

On 10 December 2010, Shankar Das, a 33-year-old day-labourer died while working at a stone quarry at Boleshwar Bit of Kalain Forest Range of Karimganj Forest Division in the North East Indian sate of Assam. He died reportedly due to the fall of a chunk of earth on him from the ground above while he was working at a mine. He was pulling out stones from about 15 feet deep mine with other labourers. It is learnt that he miner was allowed to mine stones only at one and a half feet depth. He was cremated soon after his death. No compensations have been provided to his family. No investigation instituted to find out any negligence on the part of his employers and to fix criminal culpability, if any. The matter is hushed up completely.

Shankar Das from village Mahadebpur part IV of Khelma Gaon Panchayat, under Katigorah Police Station in the district Cachar of Assam, was the only earning member of his family. His family was comprised of 60-year-old father Churamani Das, his wife Somarani Das and their sons Jiten Das aged 5, Lob Das and Kush Das aged 2 years, the twins.

According to Somarani Das, the widow of the deceased, her husband used to get up very early in the morning at 3;30 am everyday, and before 6 am he would start for the work place on foot, which is almost 15 kilometers from their house. He would return home after 8 pm. She stated that he worked hard and earned approximately Rs 200/- daily. She added that on 10 December, 2010 Shankar started for work place at 6 am.

Co-workers and neighbours of the deceased Gopal Chandra Das, Jawharlal Das and others, the chunk of earth bruised the left side of Shankar’s head, blood gushed out through his nose and some white thick liquid came out through his ears. His forehead was also badly injured. He was rushed to the nearby Community Health Centre where he was declared death. The persons accompanied Shankar to the CHC were Pradip Das, Bidhu Das and Pranab Das. When contacted, the officer-in-charge of the CHC Mr. Taffazzul Hussain Choudhury stated that he did not keep any record of the death as he was asked not to do so by influential persons.

According to his co-workers, the deceased was hired by, and worked under, Mr. Subodh Ghosh, an influential local stone mafia.

Somarani Das stated that she was informed of the incident at around 10 am and had been told that her husband was injured badly. She was awestruck and did not know what to do. She further stated at 10 pm the dead body was brought home and cremated in no time as per the religious rites. According to her, many unknown persons were insisting for funeral at the earliest.

62-year-old father of the deceased Churamani Das told the same things. He added that he was not in a position to take decision against the mob gathered and he had no knowledge about post mortem or such legal procedures. He even could not mark who were insisting on a hurried funeral. When asked he told that no administrative authorities or forest officers visited their house.

Mr. Himangshu Acharjee, the Officer-in-Charge of Gumrah Police Investigation Centre under Kalain Police Station, said that no complaint filed at the PIC relating to the incident, so he can do nothing about it. However, the information about the incident was given to him by a local journalist working with Dainik Prantojyoti, a local daily over the phone at at 3:30pm on 10 December. Most of the local newspapers also carried the story next day.

It is apparent that soon after the incident the local stone mafia got alert and did every thing to hush up the case. The nexus among stone mafia, forest officials and local police worked it perfectly.

Custodial Death of Motahir Ali and Events in the Aftermath

June 13, 2010

Brief Summery of

The BHRPC Fact-finding Report

on Custodial Death of Motahir Ali and Events in the Aftermath in Kalain, Cachar

BHRPC Ref. No. …………….                                                                            Date………………….

Get the pdf version of the report

It was reported in local media that an innocent citizen was killed by police on 21st September, 2007 at Kalain in the district of Cachar, Assam. The police tortured the victim to death in full public view, allegedly for refusing by the victim and his relatives to pay a gratification of rupees ten thousand to sub-inspector Narain Tamuli, in-charge-officer of Kalain Police Patrol Post under Katigorah Police Station.

Next day, after getting the news, a team was formed by Barak Human Rights Protection Committee to visit the spot, and find the facts about the whole case and submit a preliminary report. According to the sources and witnesses talked with by the BHRPC fact finding team, Motahir Ali Tapadar, 38 was a resident of village Bhatghat in Kalain, a daily wage labourer and a father of 3 children of 9, 5 and 4 years of age. He was a law abiding and peace loving citizen. There were no complaints against him whatsoever other than one in connectionwith which he was taken into custody by the police.

Witnesses revealed that there was a petty quarrel at 11am on 20th September between him and his neighbours, namely, Ala Uddin and Sahab Uddin.The quarrel which led the parties to scuffling actually was originated from the quarrel of the kids of the two neighbouring houses over playthings or games. As a result Sahabuddin lodged a complaint against Motahir Ali which was registered under section 326 etc. of the Indian Penal Code, 1860. At about 12.30 pm Narain Tamuli, the in-charge-officer of Kalain PPP arrested Motahir Ali Tapadar. At 1.30pm both complainant and accused, namely Sahab Uddin and Motahir Ali, were medically examined by Dr Badal Das and only a minor bruise on the forehead of Mr. Tapadar was found which may be caused due to scuffling. There were no wounds whatsoever on the person of the complainant, leave alone such grievous hurt caused by dangerous weapons that can fall under section 326.

Some respectable persons from Bhatghat village and relatives of the detainees went to the PPP to bail them out and settle the dispute amicably. Thry saw, according to the statement of Alimun Nesa Tapadar, wife of the victim, who accompanied the group, that S I Narain Tamuli and other police personnel were beating, kicking, abusing and humiating the victim. Alimun Nesa also alleged that Narain Tamuli administered on her person severe lathi-blows and kicked her in the belly in her condition of pregnancy. Salman Uddin, a minor son of Motahir and Alimun Nesa, who accompanied his mother to see his father, was also beaten badly. When they prayed and beseeched the in-charge officer police got infuriated and denied to release him on bail. The whole night police tortured the detainee mercilessly.

Next day, that is 21st September, at 10.30am when Narain Tamuli brought Mutahir Ali Tapadar out of the station house to take him to court he started administering lathi-blows and kicking incessantly in full view of the people gathered at the adjacent office house of Kalain Gaon Panchayat where flood relief were being distributed. The crowd tried to stop Tamuli in vain. Namar Ali Tapadar and Alimun Nesa Tapadar, brother and wife respectively of the victim, who were also present in the crowd, beseeched Tamuli for mercy with no effect. At this time Tamuli demanded ten thousand rupees from Alimun Nesa but she expressed her inability to pay such a huge sum. Here also Tamuli beaten her and her brother in-law. Being frustrated they went to the Circle Office to file complaint and seek help from Debashis Baishya, circle officer and the nearest magistrate.

When the condition of the victim deteriorated beyond limits Tamuli took him to Kalain Primary Health Centre instead of court. In the PHC too Tamuli kept kicking and beating him. The crowd gathered at a free medical camp, which was then being held there, tried to dissuade him without result. Tamuli continued his ritual until there was no sign of life in the body and it got still. When at 1.30pm Dr Badal Das, in-charge officer of the health centre came and examined he did not declare Motahir Ali dead, though in fact he was, for fear of public fury. Instead, he referred him to the Silchar Medical College Hospital, Silchar where Tapadar was declared dead.

After autopsy of the body of Tapadar at the Silchar Medical College Hospital it was returned to his family members at 1.30am in the night.

Before news came from the Medical College the people could guess the fact and got outraged. Hundreds of local people gathered at 2.00pm around the house of patrol post and started shouting slogans demanding arrest of Narain Tamuli. Police charge them with sticks and bayonet which further infuriated the crowd and they started throwing stones. Police then opened fire and kept firing till 80 rounds were shot. In the firing there was only one severe injury. Shahidur Rahman, 17, who was watching the incident from the roof top of a two storied house, was injured badly in his left leg. He was admitted to Silchar Medical College Hospital; Silchar. .Being terrified by such heavy firing the crowd got dispersed. Then the Police themselves set fire on the patrol post and burnt it down in order to distract the attention of people from the murder case and hush it up. The propaganda that after the death of Mutahir Ali the outraged local people burnt down the patrol post is false and intentional.

The terrified local people shut their mouth tight. At first nobody dared to speak anything about the incident. Subsequently a large number of local people requesting anonymity claimed that some men of police had burnt down the patrol post. They raise two arguments for the claim. Firstly, although there was only one hit and injury the police shot eighty rounds of fire to disperse the mob and no mob can withstand such a large quantity of fire. In fact, exactly this thing happened. The mob got dispersed and fled away after a few rounds of firing. Secondly, fire caught first in the hind part of the patrol post. If the mob had set fire they would have done so in the front part because they were there. Moreover, there is a marsh behind the patrol post house for which it is not possible for the mob to come along this side.

Police registered an FIR against one Faruk Ahmed and other five hundred unidentified persons in connection with the fabricated charges of attempt to murder, causing obstruction to police the performance of their lawful duty etc invoking section 307 etc. of IPC. Police, in connection with this false case, raided, beaten, abused and humiliated family members, relatives and fellow villagers of the victim. Even arrested they arrested three innocent persons, namely Faruk Ahmed, Ibajul Hoque and Imamul Hoque, who were subsequently released on bail by the Gauhati High Court.

When, Saidur Rahmen, the person injured in police firing recovered a little and released from the Medical College Hospital was also arrested by the police which act of the police was termed by the intellectuals of the valley as barbaric and brutal. With the intervention of Barak Human Rights Protection Committee the Superintendent of Jails sent him to the hospital then applied to the court for according permission.

Barak Human Rights Protection Committee thinks that the weight of the arguments can not be denied. There are enough reasons to believe that the police might not have burnt the patrol post themselves but they did so through the agency of hired persons. In fact, the incident of burning down the patrol post is enigmatic and indicative of a deeper and larger conspiracy. The way in which police is desperately over-active in hounding the people in relation to the case of burning down the patrol post despite requests from various quarters not to harass and arrest the innocent people and to call an all-party-meeting to decide further action regarding the case, is indicative of such a conspiracy. The fact of non-registration of an FIR regarding the murder of Mutahir Ali and harassing and arresting innocent people arbitrarily tells of the desperate efforts on the part of the police to save their skin at any cost. The enigmatic web of the whole incident can only be unknotted by an impartial investigation. So the Barak Human Rights Protection Committee strongly demands a CBI probe of the whole incident.

Neharul Ahmed MazumderSecretary General

Urgent Appeal Regarding an Incident Where Central Reserve Police Force open fire indiscriminately in a market place in Assam, killing one

June 10, 2010

URGENT APPEALS PROGRAMME
Get Pdf version of the document
Urgent Appeal No. BHRPC Case No 58/2010/UA/23/210 Dated: 10 June 2010
Dear Friends,
Barak Human Rights Protection Committee (BHRPC) forwards this Urgent Appeal issued by Asian Human Rights Commission (AHRC) regarding an incident Central Reserve Police Force open fire indiscriminately in a market place in Assam, killing one
with request to all to take suggested actions.
Yours Sincerely
Waliullah Ahmed Laskar
15, Panjabari Road, Six Mile,
Guwahati-781037, Assam

INDIA: The Central Reserve Police Force open fire indiscriminately in a market place in Assam, killing one

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-084-2010

10 June 2010
——————————————————
INDIA: The Central Reserve Police Force open fire indiscriminately in a market place in Assam, killing one

ISSUES: Extrajudicial execution; impunity; militarisation; excessive use of force
——————————————————

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that on 23 May 2010, a team of Central Reserve Police Force (CRPF) personnel opened fire indiscriminately and without warning in a small market place in Panchaboti, and later shot dead Mr. Iskandar Ali Barbhuiya, an innocent person on mere suspicion. The attitude of the CRPF has raised suspicions that they may try to use a complaint they have filed against two persons they arrested to justify their murder. This case must be immediately investigated to challenge the impunity surrounding the numerous human rights violations committed by security personnel in North-East India.

CASE NARRATIVE:

According to the information we have received from the Barak Human Rights Protection Committee who carried a fact-finding investigation into the case, on 23 May 2010 at 4.30pm, a team of 11 or 12 CRPF personnel opened fire indiscriminately and without warning in Panchaboti, a small market place in Cachar, Assam, spreading panic among the shoppers and merchants present who tried to escape by finding shelter in nearby shops and houses. Witnesses report having seen one man, later identified as Mr. Iskandar Ali Barbhuiya, running through a small field in direction of the nearby river, Sonai, and jumping into the river while the CRPF personnel were shooting at him. According to the witnesses, no provocation triggered the firing. (Photo: Mr. Iskandar Ali Barbhuiya, Source: BHRPC, Assam)

Following the firing, the CRPF arrested two persons: Moniruddin Barbhuiya, aged about 32 years, son of Abdul Majid Barbhuiya of village Bidruhipar, Sonai Police Station, Cachar, Assam and Mr. Abdul Khalik, aged about 25 years, son of Siraj Uddin of village Sundari Part-II, Sonai Police Station, Cachar, Assam. The CRPF claim that they were there on a routine patrolling when they observed suspicious behaviour from Moniruddin, Abdul Khalik and Iskandar. They further state that when they challenged them, the three suspects tried to run away thereupon the CRPF opened fire. According to the CRPF, the suspects are ordinary criminals who do not belong to any organisation and Moniruddin was found in possession of a 9mm pistol and four bullets.

The CRPF handed over both arrestees to the Palonghat police out post under Dholai Police Station at 9pm on that day. The Dholai police registered a case against Moniruddin, Abdul Khalik and another unnamed person (vide Dholai Police Station Case No. 99/2010 dated 23 May 2010 under Section 47 of the Indian Arms Act, 1959). According to the fact-finding team, the First Information Report has been drafted in such a way that Iskandar can be incriminated as the third accused and therefore could be used by the CRPF to justify its crime.

On 24 May the Officer-in-Charge (OC) of Dholai Police Station produced the two accused before a magistrate praying for police custody of the accused which was granted for seven days. They were then sent to the judicial custody.

At about 1pm on 26 May, some people of the Sundari Part-II village saw a dead body adrift in the Sonai river. They informed Kachudaram police outpost and at about 3pm, police officers from the outpost and the police station came and sent the body to the Silchar Medical College and Hospital for autopsy. At about 11am on 27 May the police handed over the body to Monijun and the last rites were performed at about 2.30pm on the same day.

According to the persons who performed the pre-funeral rituals like washing of the body, they saw two bullet holes in the body: one on the victim’s waist and the other one on the left side of his neck. Nevertheless the autopsy report has not yet been provided to the family and Monijun and other villagers fear that the CRPF may want to interfere with the content of the autopsy report.

ADDITIONAL INFORMATION:

According to the police sources, Moniruddin, who was arrested in possession of the pistol, told that he is a labourer who worked in Mizoram for many months and found a pistol near a river, picked it up and was trying to sell it. He stated that Iskandar had nothing to do with them.

Iskandar Ali Barbhuiya, is a small business man from Bidruhipar village. He had left his family house and told his wife, Monijun, that he was going to the Panchaboti area to collect betel nuts and that he would latter visit his sister Champarun Nesa at Krishnapur, Amragat and asked his wife not to worry if he did not return on the same day. When on 24 May, Monijun heard about the firing, she contacted her sister-in-law who informed her that Iskandar did not visit her the day before. Monijun subsequently contacted all the relatives of her husband but none had any idea where her husband was. On 25 May, she and her sister-in-law Sitarun Nesa went to Sonai Police Station and informed the police in writing about her husband’s disappearance. This is entered in the general diary of the police station vide GD Entry 601 dated 25 May 2010.

According to the villagers and the police officials, the victim had never been involved in any crime and had no previous confrontations with the police. Mr. Kutub Ahmed Mazumber, a member of the Assam Legislative Assembly also told that he knew Iskandar personally and that Iskandar was a very good person.

On 28 May, hundreds of people held a condolence meeting, presided by Nazrul Islam Ahmed, Vice President of Sonai Anchalik Panchayat. Three resolutions were passed condemning the killing and terming it as an intentional murder of a law-abiding and peace-loving citizen by power fuddled unscrupulous security forces; expressed condolence to the family for their loss and demanded compensation to be paid to the family by the government and prosecution initiated against the CRPF personnel involved in the case.
Monijun filed a complaint before the Chief Judicial Magistrate, Cachar on 29 May praying for the court to direct the police to conduct a proper investigation of the murder, after having a case registered against the CRPF under Section 302 of the Indian Penal Code, 1860. The complaint was forwarded to the Sonai Police Station and was registered as an FIR vide Sonai Police Station Case No. 126/10 dated 4 May 2010.
Iskandar was the only earning member of a family of six and his death leaves his wife and their four children without stable incomes and resources.

BACKGROUND COMMENTS:

The military and paramilitary forces heavily deployed in North-East India have repeatedly demonstrated their disdain toward the principles of proportionality and restrain in the use of force which should govern the functioning of security forces in a democratic country. The AHRC has been documenting numerous cases of human rights violations committed by the security forces deployed in the region, in which people may be harassed, tortured, raped or killed with the police being unable and unwilling to investigate the case and to provide protection to the victims. Please see UAC-080-2010 another case, which took place on the same day as Iskandar’s killings, in which the rights of the ordinary citizens of Assam were violated by security forces and in which the police refused to file the case.

The UN basic principles on the Use of Force and Firearms by Law Enforcement Officials are the relevant guidelines to the democratic functioning of security agencies. This indiscriminate firing in Panchaboti disrespects Principle 4 according to which the law enforcement officials should only use force and firearms as the last resort, if ‘other means remain ineffective’ and Principle 5 mandates the law enforcement officials to exercise restraint in the use of force and firearms in order to minimise damage and injury and to respect and preserve human life.

More specifically, Principle 10 states that ‘law enforcement officials shall identify themselves as such and give a clear warning of their intent to use firearms, with sufficient time for the warning to be observed, unless to do so would unduly place the law enforcement officials at risk or would create a risk of death or serious harm to other persons, or would be clearly inappropriate or pointless in the circumstances of the incident.’ Not warning of their intention before shooting is an act of carelessness and negligence from the CRPF personnel which could have resulted in further losses. The incident proves how little human life is valued by the members of the paramilitary forces.

The attitude of the CRPF have raised suspicions that they may try to use the FIR and to manipulate the post-mortem report to preserve themselves from a legal process. Regarding the large record of human rights violations committed in the North-Eastern Indian States which went uninvestigated and unpunished, it is necessary to make sure that Iskandar’s family will have access to an independent process, as reminded in Principle 23 of the UN basic principles.

SUGGESTED ACTION:
Please join us in writing to the following authorities to express your concern regarding this case of slaying and ask for its proper investigation and the prosecution of the perpetrators. Also join us in

Please be informed that the AHRC is writing a separate letter to the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, calling for his intervention in this case.

——————————————————

To support this appeal, please click here:

SAMPLE LETTER:

Dear __________,

INDIA: Please investigate the CRPF firing in Panchaboti market in Assam

Name of victim: Iskandar Ali Barbhuiya, 42 (aged about 42, son of late Abdul Matlib Barbhuiya) resident of Bidruhipar, Cachar District, Assam
Names of alleged perpetrators: Between 11 and 12 Central Reserve Police Force personnel from A147 Battalion led by Mr Muatoshi Dubichu, Deputy Inspector of Police and in-charge of Shachinpur Camp
Date of incident: 23 May 2010
Place of incident: Panchaboti market place, Cachar District, Assam.

I am writing to draw your attention to the killing of Iskandar Ali Barbhuiya after a team of Central Reserve Police Force Police opened fire indiscriminately and without warning in a small market place in Panchaboti, Cachar, Assam on 23 May 2010 at about 4.30pm.

According to the information I have received from the Asian Human Rights Commission (AHRC), witnesses report having seen one man, later identified as Mr. Iskandar Ali Barbhuiya, running through a small field in direction of the nearby river Sonai and jumping into the river while the CRPF personnel were shooting at him. According to the witnesses, no provocation triggered the firing and the CRPF personnel did not warn about their intention to open fire beforehand.

I know that on the morning of that day, Mr. Iskandar Ali Barbhuiya, 42, a small business man from Bidruhipar village went to the area to collect betel nuts. After he did not return home for a few days, his wife, Monijun contacted all his relatives to enquire about his whereabouts and since no one was able to inform her about them, she and her sister-in-law Sitarun Nesa went to Sonai Police Station and informed the police in writing about her husband’s disappearance (Entered in the general diary of the PS vide GD Entry 601 dated 25 May 2010).

I am informed that following the firing, the CRPF arrested two persons: Moniruddin Barbhuiya (32, son of Abdul Majid Barbhuiya of village Bidruhipar, Sonai Police Station, Cachar, Assam) and Abdul Khalik (25, son of Siraj Uddin of village Sundari Part-II, Sonai Police Station, Cachar, Assam). The CRPF claim that they were there on a routine patrolling at that time when they observed suspicious behavior from Moniruddin, Abdul Khalik and Iskandar. They state that when they challenged them the three suspects tried to run away following which the CRPF opened fire. According to the CRPF, Moniruddin was found in possession of a country made 9mm pistol.

I know that the CRPF handed over both arrestees to the Palonghat police outpost under Dholai Police Station at 9pm on that day. The Dholai police registered a case against Moniruddin, Abdul Khalik and another unnamed person (ie. Iskandar), (vide Dholai PS Case No. 99/2010 dated 23 May 2010 under sSection 47 of the Indian Arms Act, 1959). On 24 May the Officer-in-Charge (OC) of Dholai Police Station produced the accused before a magistrate praying for police custody for them which was granted for 7 days. They were then sent to the judicial custody.

I am concerned that the FIR has been drafted in such a way to lead the police investigation to conclude that Iskandar was the third suspect and that it may be an attempt by the CRPF to promote a version of the event which would justify the indiscriminate firing. This version is contradicted by a statement from one of the arrestees, Moniruddin, that he had found the pistol when he was working in Mizoram and was trying to sell it in the market that day and that Iskandar had nothing to do with them. I am informed that according to the villagers and the police officials, Iskandar had never been involved in any crime and had nothing against him in the police record. A member of Assam Legislative Assembly, Mr. Kutub Ahmed Mazumder, also confirmed that Iskandar was ‘a very good person’.

I know that Iskandar’s body was discovered at about 1pm on 23 May by some villagers from Sundari Part-II adrift in the river Sonai. They informed Kachudaram police outpost under Sonai Police Station and at about 3pm, police came and sent the body to the Silchar Medical College and Hospital for autopsy. At about 11 am on 27 May the police handed over the body to Monijun and the last rites were performed at about 2.30pm.

The persons who performed the pre-funeral ritual bathing of the body saw two bullet holes in the body: one on the victim’s waist and the other one on the left side of his neck. Nevertheless the autopsy report has not yet been provided to the family and I am aware that Monijun and other villagers fear that this might be because the CRPF wants to change its content.

I know that Monijun has filed a complaint before the Chief Judicial Magistrate, Cachar on 29 May praying for the court to direct the police a proper investigation of the murder after having a case registered against the CRPF under Section 302 of the Indian Penal Code, 1860. The complaint was forwarded to the Sonai Police Station and was registered as an FIR vide Sonai Police Station Case No. 126/10 dated 4 June 2010.

Additionally, as required by the directives issued by the National Human Rights Commission of India, the post-mortem examination must be video graphed and a separate report about the incident must be send to the Commission.

I know that reports of extrajudicial executions and human rights violations committed by security forces which are heavily deployed in the State of Assam are numerous and often go uninvestigated, promoting the impunity of the perpetrators and encouraging further exactions.

I therefore urge you to promptly intervene into this case by:

1. Launching an independent and impartial investigation into the case registered as FIR vide Sonai Police Station Case No. 126/10 dated 4 May 2010 in Sonai Police Station;
2. Taking appropriate measures to guarantee the protection of the victim’s families and of the witnesses against threats and intimidation from CRPF personnel;
3. Making sure that all the CRPF personnel involved in this murder are temporarily suspended from their duty during the course of the investigation. If enough evidence is gathered, they should be brought before a civilian court and face sanctions which are proportionate to the damage they inflicted;
4. Providing adequate compensation and interim relief to the victim’s family: Iskandar was the sole earning member of a family of 6 and his death leaves his wife and their four children without stable incomes and resources;
5. Providing the post-mortem report to the family without delay.

I am looking forward to your intervention.

Yours sincerely,

—————-

PLEASE SEND YOUR LETTERS TO:

1. Mr. Tarun Gogoi
Chief Minister of Assam
Assam Secretariat, Dispur
Guwahati-6, Assam
INDIA
Fax: +91 361 2262069

2. Chief Secretary
Assam Secretariat, Dispur
Guwahati-6, Assam
INDIA
Fax: +91 361 2260900
Email: psccy_it@assam.nic.in

4. Director General of Police
Assam, Ulubari
Guwahati-7, Assam
INDIA

Thank you

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Posted on 2010-06-10
AHRC URL: http://www.ahrchk.net/ua/mainfile.php/2010/3477/
BHRPC URL:

Urgent Appeal Regarding an Incident Where Army raids a village, assault and molests women in Assam

June 10, 2010

URGENT APPEALS PROGRAMME

Get pdf version of the document

Urgent Appeal No. BHRPC/UA/22/210                    Dated: 08 June 2010

Dear Friends,

Barak Human Rights Protection Committee (BHRPC) forwards this Urgent Appeal issued by Asian Human Rights Commission (AHRC) regarding an incident where army raids a village, assault and molests women in Assam with request to all to take suggested actions.

Yours Sincerely

Waliullah Ahmed Laskar

15, Panjabari Road, Six Mile,

Guwahati-781037, Assam

INDIA: Army raids a village, assault and molests women in Assam
ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMMEUrgent Appeal Case: AHRC-UAC-080-20107 June 2010
——————————————————
INDIA: Army raids a village, assault and molests women in Assam

ISSUES: Violence against women; torture; militarisation; impunity
——————————————————

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that the soldiers from a field regiment stationed in Manipur Block, Hailakandi district, Assam illegally raided houses in Mohanpur village and in the process tortured the inmates, molested women and girls and even took their pictures at gun point. It is reported that the soldiers were looking for Mr. Nurul Hoque Barbhuiya, the former elected president of Mohanpur Gaon Panchayat. During the raid that lasted for about half a day, the soldiers destroyed household properties at gun point and opened fire to threaten the villagers who gathered near the house. A pregnant woman who was kicked in her abdomen by the soldiers lost her child in a miscarriage within two days after the incident.

CASE NARRATIVE:

According to the information we have received from the Barak Human Rights Protection Committee (BHRPC), a human right organisation based in Assam, the soldiers from 117/33 Field Regiment stationed at Manipur Block, Hailakandi, Assam state raided the house of Mrs. Hawatun Nesa, wife of Mr. Nurul Hoque Barbhuiya at about 3.30am on 23 May 2010 in Mohanpur village. Hawatun is the president of Mohanpur Gaon Panchayat, a position previously occupied by her husband Nurul.

There were about 17 soldiers who entered the house and all of them had their face covered by black cloth. The soldiers knocked at the front door of the house at about 3.30am when the family was sound asleep. Hawatun opened the door. Without warning, the soldiers marched into the house and asked Hawatun where her husband Nurul was. Hawatun replied that Nurul is not at home as he had gone to a relative’s house in a nearby village a day before. The soldiers refused to believe this and started searching the house.

They ordered everyone to get off from their bed. 82-year-old Mr. Mashur Ali Barbhuiya, Nurul’s father was unable to get from the bed since he requires help to get up. The soldiers dragged Mashur from the bed holding him by his throat. Then the soldiers started beating 65-year-old Mrs. Fulerun Nesa, Nurul’s mother accusing her that she is hiding Nurul. Then the officers started destroying household goods and furniture including chairs, tables, drawers, wardrobes and cooking utensils. The soldiers were not accompanied by women soldiers or women police officers from the local police station, which is a mandatory requirement under the law. The soldiers did not inform the family why they were looking for Nurul.

At about 7.30am the villagers gathered around the house to see what was going on in Nurul’s house. At the time some of the soldiers came out of the house and fired a few shots into the air asking the villagers to stay away. The soldiers did not allow Hawatun to feed her children and others inside the house till 2.30pm. When she requested the soldiers to allow her to feed the family, a soldier pointed his rifle at her and ordered that she must feed the soldiers rather than her family and forced her to make tea and cook snacks for the soldiers to eat. They refused her to feed her family members until the soldiers left.

In the meanwhile some soldiers went to the neighbouring house where Mr. Moinul Hoque Barbhuiya resides with his family. The soldiers searched this house also. Mrs. Rejwana Parvin Barbhuiya, aged 24 years, the eldest daughter of Moinul who was recently married was home at the time. The soldiers molested her and her two younger sisters, Sabina Yasmin Barbhuiya aged 14 years and Shahnaj Yasmin Barbhuiya aged 17 years, by holding the girls by their arms and pulling them towards them with a gesture to have sex with them in front of their father.

The soldiers threatened that they have weapons and that they could do anything to them if they refused to come closer. They threatened that they could rape the girls in front of their father. One of the soldiers asked the girls and their elder sister to come along with them if they wanted to have sex away from their home and parents. Then the soldiers took turns to take the pictures of the girls and their elder sister with their mobile telephone camera.

Rejwana informed the BHRPC that she had to beg and plead with the soldiers not to rape herself or her sisters. Rejwana informs that her sisters and she are traumatized by the incident and they find it difficult to speak to their father who witnessed helplessly while his daughters were abused by the soldiers.

The soldiers during the raid in Hawatun’s house also engaged in pilferage. They took dress, cosmetics, utensils and gold ornaments belonging to the family when they left the house. The articles stolen from the house is approximately of Rs. 70,000 in value. Hawatun also accuses that the soldiers took Rs. 20,000 in cash that they found inside the house.

Before leaving, the soldiers forced Hawatun to sign documents that they had prepared and forced her to affix her official seal in the documents. The soldiers also took by force documents belonging to the Panchayat that Hawatun had kept at home. The soldiers took two mobile telephones from the house with its SIM cards with registered numbers 9854621923 and 9435582945 used by Nazim Uddin, Hawatun’s brother, and that of Hawatun. Hawatun’s brother’s telephone was returned on 25 May.

While the soldiers were still at Hawatun’s house some other soldiers were on the rampage in the village. At about 5am, they raided yet another house. This house belonged to Mr. Mujammil Ali Barbhuiya and is about 0.5kms away from Hawatun’s house. When the soldiers entered the house compound Ali was getting ready to go to his farm. The soldiers stopped him and demanded to know where Nurul is. When Ali informed the soldiers that he did not know where Nurul was they assaulted him with a bamboo stick and started hitting him with their rifle butt. Ali fell down and his cloths were torn. Ali’s wife Rushna Begum came running to rescue Ali from the soldiers. But she was also kicked around and beaten by the soldiers. The soldiers stopped assaulting Ali when they saw yet another villager Mr. Abdul Jalil Laskar, aged about 65 years on the street.

Laskar was going to the mosque for his morning prayers. The soldiers grabbed Laskar by his dress and without asking anything started beating him. Some persons who happened to witness this tried to intervene and they were also beaten up by the soldiers. Mrs. Latiful Begum Barbhuiya, aged 35 years, Sharmina Begum, aged 12 years and a mentally challenged boy, Imran Hussain aged 14 years are among those who were beaten up. Mrs. Suretun Nesa, aged about 30 years was beaten up by the soldiers and kicked in her abdomen. Suretun Nesa was in her advanced stage of pregnancy and on 25 May she had a miscarriage at Silchar Medical College and Hospital due to the injuries suffered to her womb from the assault.

Another group of soldiers at about 6am went to yet another house belonging to Mr. Amit Das. The soldiers asked Das about Nurul for which Das replied that he did not know about Nurul’s whereabouts. Immediately the soldiers started beating him, whereby he sustained serious injuries on his leg. Das is currently under treatment at Community Health Centre, Mohanpur. It is reported that the soldiers refused to allow anyone to leave the village to seek medical help until they left.

It is suspected that the raid and assault was carried out for wrecking political vengeance against Nurul and his wife, who are popular among the villagers. Both husband and wife do not belong to any political parties and during their tenure as the president of the local panchayat they are trying to root out corruption in the distribution of funds in the government schemes. It is widely believed among the villagers that the some local politicians are behind instigating the soldiers to raid the village in an act of vengeance against Nurul and his wife since they have so far refused to join any political parties.

ADDITIONAL INFORMATION:

The BHRPC contacted Subedar Mr. Yadav at the 117/33 Field Regiment in Manipur Block on 4 June at about 12pm. The officer informed BHRPC that the operation was conducted based on the information provided from anonymous sources, but the identity of the suspect was mistaken and that they have apologised to Hawatun about the incident. Yet the officer insisted that he need to meet Nurul.

At about 1pm Captain Mr. Amit Gautom, COB Commander contacted BHRPC from the telephone number +91 9435742088. The Captain informed BHRPC that the raid was conducted by the 117/33 Field Regiment. When the Captain was questioned about the absence of any police officer during the raid he first replied that it is not required under law. When confronted about his misinterpretation of the law, quoting from the Naga People’s Movement for Human Rights case as decided by the Supreme Court of India, the Captain claimed that the raiding party was accompanied by a police constable from Katlicherra Police Station. However, the BHRPC claims that Mohanpur is outside the jurisdiction of Katlicherra Police Station.

The Captain further claimed that they did not injure, torture or abuse anyone during the raid and that the soldiers did not destroy any property. He claimed that Hawatun has signed a document to prove this. Hawatun as well as her family members claim that the document was signed by Hawatun at gunpoint and that she was not informed about the content of the document. It has to be noted that this is a common practice employed by soldiers and police officers when they conduct illegal house raids in India. The AHRC has reported cases in the past where soldiers and police officers resorting to such practices.

The Captain further informed BHRPC that Hawatun and her husband need not be afraid if they are innocent. The Captain also claimed that the army will use force only when required. Yet the Captain insisted that Nurul and Hawatun must come to their camp and meet the Captain. He also threatened that there would be further raids in the village if the army receive any information and insisted that the raid on 23 May was not conducted on any mistaken identity.

The police so far have refused to register any case concerning the incident. Two complaints however are filed at Algapur Police Station, one by Hawatun and the other by Abdul Jalil. The police accepted Hawatun’s complaint but refused to register any formal case. As for Abdul’s complaint, the police asked him to go home and refused to register a case based on his complaint. The police told Abdul that he must be happy that he is alive after his encounter with the army and that he should not complain and if he insisted, the army would get him and finish him off in some other excuse.

It must be noted that the army has no right whatsoever to summon a civilian to their camp and has no legal mandate to engage in crime control or other operations in the area unless for supporting police operations. The local police must immediately record the statement of the injured and the witnesses to the incident. This is a clear case of abuse of authority by the army and such acts must not be allowed to recur. In addition, the soldiers conducting house raids without informing their ranks and names with their face cowered is a direct violation of law against which the unit’s immediate commanding officer must be punished.

The villagers also fear for the safety of Nurul and his wife Hawatun. They say that if the husband and wife try to pursue their case against the soldiers, they will come again and kill both of them and later claim that they were killed in an armed encounter, a phenomenon common in the region and there would be no inquiry into the case at all. But Nurul and Hawatun are confident that if there is enough pressure, there will be an investigation into the incident and the soldiers will be punished.

SUGGESTED ACTION:

Please write letters to the authorities mentioned below, in particular to the Defence Minister of India and the Chief Minister of Assam, expressing your concern in the case. The statements of the victims and witnesses must be recorded by a judicial magistrate and the Army has a legal as well as moral duty to inform the civilian authorities about the identities of the officers involved in the raid. The AHRC is writing separate letter of concern to the UN Special Rapporteur on violence against women calling for an intervention in the case.

To support this appeal, please click here:

SAMPLE LETTER:

Dear __________,

INDIA: Illegal army raid in Mohanpur, Assam must be investigated

Name of injured victims:
1. Mrs. Suretun Nesa, aged about 30 years, wife of Mr. Altaf Hussain Barbhuiya
2. Mr. Abdul Jalil Laskar, aged about 65 years
3. Mrs. Latiful Begum Barbhuiya, aged about 35 years
4. Ms. Sharmina Begum, aged about 12 years
5. Imran Hussain, aged about 14 years
6. Mr. Amit das, aged about 35 years, son of Umesh Das
7. Mr. Mashur Ali Barbhuiya, aged about 82 years
8. Mrs. Fulerun Nesa, aged about 65 years
9. Mrs. Hawatun Nesa, aged about 30 years
Name of the threatened victims:
1. Mr. Nurul Hoque Barbhuiya, aged about 42 years
2. Farhat Parvin Kawsar Barbhuiya, aged about 9 years, daughter of Nurul Hoque Barbhuiya
3. Rahat Parvin Kawsar Barbhuiya, aged about 7 years, daughter of Nurul Hoque Barbhuiya
4. Fuzail Ahmed Barbhuiya, aged about 6 years, son of Nurul Hoque Barbhuiya
5. Mikail Ahmed Barbhuiya, aged about 3 years, son of Nurul Hoque Barbhuiya
6. Mr. Moinul Hoque Barbhuiya
7. Mrs. Rejwana Parvim Barbhuiya, aged about 24 years, daughter of Moinul Hoque Barbhuiya
8. Ms. Sabina Yasmin Barbhuiya, aged about 14 years, daughter of Moinul Hoque Barbhuiya
9. Ms. Shahnaj Yasmin Barbhuiya, aged about 17 years, daughter of Moinul Hoque Barbhuiya
All the above victims are the residents of Mohanpur village, Hailakandi district, Assam

Names of the perpetrators:
1. About 17 unidentified soldiers under the command of Captain Mr. Amit Gautom, stationed at 117/33 Field Regiment stationed at Manipur block, Hailakandi District, Assam
2. Captain Mr. Amit Gautom, of 117/33 Field Regiment stationed at Manipur block, Hailakandi District, Assam

Date of incident: 23 May, 2010
Place of incident: Mohanpur village, Hailakandi district, Assam

I am writing to voice my concern regarding the case of an illegal army raid held on 23 May 2010 in Mohanpur village, Hailakandi district Assam, in which several persons were seriously injured and several others threatened by the soldiers of 117/33 Field Regiment stationed at Manipur block, Hailakandi District under the command of Captain Mr. Amit Gautom.

I am informed that about 17 soldiers on 23 May 2010 at about 3.30am raided the house of Mrs. Hawatun Nesa, the president of Mohanpur Gaon Panchayat, a position previously occupied by her husband Nurul Hoque Barbhuiya. I am informed that the soldiers were looking for Nurul, Hawatun’s husband.

It is reported that the soldiers who entered the house had their face covered by a black cloth thereby concealing their identity, which is illegal in India. The soldiers knocked at the front door of the house at about 3.30am when the family was sound asleep and asked for Nurul when his wife Hawatun opened the door. I am informed that without being accompanied by any woman soldiers or police officers and without offering the women in the house to step outside the house, the soldiers marched into the house and asked Hawatun where her husband Nurul was. This again is a clear violation of Indian laws, in particular the several directives issued by the Indian Supreme Court concerning state agencies, including police and the military, conducting house raids and the Criminal Procedure Code, 1973.

I am informed that Nurul was not at home at the time of the raid since he had gone to a relative’s house in a nearby village a day before. It is reported that the soldiers refused to believe the statement given by Hawatun that her husband is not at home and started searching the house.

It is reported that the soldiers then ordered everyone to get off from their bed. I am aware that 82-year-old Mr. Mashur Ali Barbhuiya, Nurul’s father was unable to get up from his bed since he required help and that the soldiers dragged Mashur from the bed holding him by his throat. The soldiers reportedly assaulted 65-year-old Mrs. Fulerun Nesa, Nurul’s mother accusing her that she is hiding her son. It is reported that the officers then destroyed household goods and furniture including chairs, tables, drawers, wardrobes and cooking utensils. Until today the soldiers have not informed why they are looking for Nurul.

It is reported that at about 7.30am the villagers gathered around the house to see what was going on in Nurul’s house. At the time some of the soldiers came out of the house and fired shots into the air asking the villagers to stay away. I am informed that the soldiers did not allow Hawatun to feed her children and others inside the home till 2.30pm whereas the soldiers forced Hawatun to make them tea and snacks. I am aware that the soldiers refused anyone in the house to have food until they left.

I am also informed that while some soldiers stayed at Hawatun’s house some soldiers went to the neighbouring house where Mr. Moinul Hoque Barbhuiya resides. I am informed that the soldiers searched this house and in the process molested Moinul’s daughters who were in the house at the time. Mrs. Rejwana Parvin Barbhuiya, aged 24 years, the eldest daughter of Moinul who was recently married was home at the time. The soldiers molested her and her two younger sisters, Sabina Yasmin Barbhuiya aged 14 years and Shahnaj Yasmin Barbhuiya aged 17 years, by holding them by their arms and pulling them towards them with a gesture to have sex with them in front of their father.

I am informed that the soldiers threatened that they have weapons and that they could do anything with the girls and the woman if they refused. It is reported that the soldiers threatened that they could rape the girls and the woman in front of their father. One of the soldiers asked the girls and their elder sister, Rejwana, to come along with them if they wanted to have sex away from their home and parents. It is reported that the soldiers then took turns to take the pictures of the girls and their elder sister with their mobile telephone camera.

Rejwana has informed the BHRPC, a local human rights organisation that she had to beg and plead with the soldiers not to rape herself or her sisters. It is reported that Rejwana and her sisters are traumatized by the incident and they find it difficult to speak to their father who witnessed the incident helplessly while they were abused by the soldiers.

It is alleged that the soldiers during the raid in Hawatun’s house also engaged in pilferage. Hawatun claims that the soldiers took dress, cosmetics, utensils and gold ornaments belonging to the family when they left the house. The articles stolen from the house is approximately of Rs. 70,000 in value. Hawatun also accuses that the soldiers took Rs. 20,000 in cash that they found inside the house.

I am also informed that before leaving the soldiers forced Hawatun to sign documents that the soldiers had prepared and forced her to affix her official seal in the documents. It is reported that the soldiers also took by force documents belonging to the Panchayat that Hawatun had kept at home. Hawatun claims that the soldiers took two mobile telephones from the house with its SIM cards with registered numbers 9854621923 and 9435582945 used by Nazim Uddin, Hawatun’s brother, and that of Hawatun. Hawatun’s brother’s telephone was returned on 25 May.

I am also informed that while the soldiers were still at Hawatun’s house some other soldiers were on the rampage in the village. It is reported that at about 5am, they raided yet another house belonging to Mr. Mujammil Ali Barbhuiya. When the soldiers entered the house compound it is reported that Ali was getting ready to go to his farm. It is alleged that the soldiers stopped him and demanded to know where Nurul is. I am informed that when Ali told the soldiers that he did not know where Nurul was they assaulted him with a bamboo stick and started hitting him with their rifle butt.

Ali fell down and his cloths were torn. Ali’s wife Rushna Begum came running to rescue Ali from the soldiers. But she was also kicked around and beaten by the soldiers. The soldiers stopped assaulting Ali when they saw yet another villager Mr. Abdul Jalil Laskar, aged about 65 years on the street.

I am informed that Laskar was going to the mosque for his morning prayers when the soldiers grabbed him by his dress and without asking anything started beating him. It is reported that persons who happened to witness this when tried to intervene they were also beaten up by the soldiers. Mrs. Latiful Begum Barbhuiya, aged 35 years, Sharmina Begum, aged 12 years and a mentally challenged boy Imran Hussain aged 14 years, are among those who were beaten up.
Mrs. Suretun Nesa, aged about 30 years and wife of Mr. Altaf Hussain Barbhuiya also was beaten up by the soldiers and kicked in her abdomen. Suretun Nesa was in her advanced stage of pregnancy and on 25 May she had a miscarriage at Silchar Medical College and Hospital due to the injuries suffered to her womb from the assault.

I am further informed that another group of soldiers at about 6am went to yet another house belonging to Mr. Amit Das. The soldiers asked Das about Nurul for which Das replied that he did not know about Nurul’s whereabouts. Immediately the soldiers started beating him, whereby he sustained serious injuries on his leg. I am informed that Das is currently under treatment at Community Health Centre, Mohanpur. It is reported that the soldiers refused to allow anyone to leave the village to seek medical help until they left.

Nothing is known as to why the soldiers conducted the raid and for what purpose are they looking for Nurul. I am informed that the raid was conducted by soldiers under the command of Captain Mr. Amit Gautom of 117/33 Field Regiment stationed at Manipur block, Hailakandi District. I am informed that the Captain has ordered Nurul and Hawatun to be present in his camp, an order he is legally unfit and have no powers to issue.

I am certain that the deployment of army detachment units in Assam is for the singular purpose of aiding operations by the local police and that the army has no legal mandate to engage in either crime control of carryout investigations or house raids without police assistance. I am also certain that the law in India mandates the army can enter houses only if they suspect that an enemy or a terrorist is harboured in the house. In all these circumstances they are expressly prohibited to cover their face or take similar measures to cover their identity. This very act forces me to suspect that the soldiers were operating illegally, for which they have to be punished. Captain Amit Gautom, being the immediate commanding officer of the unit engaged in the raid, must be immediately punished for his command responsibility, even if he was not directly present in the raid.

The army also has a moral as well as legal duty to divulge the identities of the soldiers involved in the raid to the civilian authorities, in particular the Algapur Police Station, where a complaint has been registered against the incident.

I am informed that the police so far have refused to register any formal case concerning the incident. Two complaints however are filed at Algapur Police Station, one by Hawatun and the other by Abdul Jalil. It is reported that the police accepted Hawatun’s complaint but refused to register any formal case based on his complaint. As for Abdul’s complaint, the police asked him to go home and refused to register a case. It is reported that the police told Abdul that he must be happy that he is alive after his encounter with the army and that he should not complain and if he insisted, the army would get him and finish him off on some other excuse.

I therefore request you to:
1. Make appropriate arrangements so that the statements of the victims and the witnesses in the case are recorded by a judicial magistrate;
2. The soldiers involved in the incident, in particular Captain Mr. Amit Gautom, and the soldiers involved in the raid are suspended from active duty and detained by the military police;
3. That the complaint filed by Hawatun at Algapur Police Station is converted into a formal case after registering a First Information Report and Crime; and the case be investigated by the police;
4. The soldiers involved in the raid handed over to the custody of the local police and produced before a Judicial Magistrate, charged with the offense as alleged in the complaint filed by Mrs. Hawatun;
5. The complaint filed by Mr. Abdul Jalil at Algapur Police Station be accepted to records and a similar procedure initiated as in the complaint filed by Mrs. Hawatun;
6. The Army Command conducts an impartial inquiry into the incident and actions initiated to prevent the soldiers from misusing their presence in the district among civilian population for acts that could be termed as ‘unbecoming of a soldier’.

I’m looking forward to your intervention in this case.

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1. Mr. A. K. Anthony
Defence Minister
Government of India
104 South Block
New Delhi
INDIA
Fax: +91 11 23015403

2. Dr. P. Chidambaram
Minister, Ministry of Home Affairs
Griha Mantralaya Room
No. 104, North Block Central Secretariat
New Delhi 110001
INDIA
Fax: +91 11 2301 5750, 2309 3750, 2309 2763

3. Mr. Tarun Gogoi
Chief Minister of Assam
Assam Secretariat, Dispur
Guwahati-6, Assam
INDIA
Fax: +91 361 2262069

4. Chief Secretary
Assam Secretariat, Dispur
Guwahati-6, Assam
INDIA
Fax: +91 361 2260900
Email: psccy_it@assam.nic.in

5. Director General of Police
Assam, Ulubari
Guwahati-7, Assam
INDIA

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Posted on 2010-06-07

AHRC URL: http://www.ahrchk.net/ua/mainfile.php/2010/3473/

BHRPC URL:

BHRPC Fact-finding Report on Army Atrocity in Mohanpur, Hailakandi

May 27, 2010

Vandalism by Soldiers in Assam Causing Grievous Hurts and Miscarriage

Report in the Portable Document Format (pdf)

In another atrocious incident in Assam soldiers of the Indian army illegally raided several houses in a village, indiscriminately beaten up many people including bed-ridden aged persons, expectant mother causing miscarriage, children and disabled persons causing grievous injuries to them in the district of Hailakandi on 23 May, 2010. They molested young girls and attempted to rape them. They also reportedly robbed a family of all their cash and other valuables. There are strong fears among the villagers that the incident may be repeated and worse. Extrajudicial killings by state agents are common in this part of India, and impunity remains a severe problem.

BHRPC received information that at about 3.30 am on 23 May, 2010 a group of 16/17 soldiers belonging to the artillery 11 field regiment from their base at Arunachal, Silchar knocked at the door of Mr Nurul Hoque Barbhuiya (better known to the local people as Samoi Panchayat), former president of Mohanpur Gaon Panchayat (GP, elected village level local government body, village counterpart of municipality) and husband of the present president, aged about 42, of village Mohanpur under the jurisdiction of Algapur police station in the district of Hailakandi in Assam. Mohanpur is a village situated at a distance of about 15 kilometres to the northward from Hailakandi town.

Having received information a team from BHRPC visited the village and talked with victims, their relatives, doctors treating them and other villagers and collected evidence from them. BHRPC also talked with police officers including the officer in charge of Algapur police station. The information received reveal that the soldiers were in uniform and their faces were covered with black clothes. They were not accompanied by a police officer or any other representative of the civil administration.

When the present GP president Mrs Hawatun Nesa, wife of Nurul Hoque Barbhuiya, aged about 30 years, opened the door the soldiers entered the house and asked for Samoi Panchayat, her husband. She told them that he did not return home last night from the house of a relative in another village where he went the day before. They started searching for him in all the rooms and asked the inmates to get up from bed. They wrung the throat of 82 year old bed-ridden father of Samoi Panchayat Mr Mashur Ali Barbhuiya because he could not immediately drag his body from the bed, which normally he hardly can do without help. They also beat up 65 year old mother of Samoi Panchayat Mrs. Fulerun Nesa accusing her of hiding her son. The soldiers then started breaking and destroying household goods such as furniture including chairs, tables, beds, drawers, wardrobes etc. and utensils.

Mrs Hawatun Nesa Barbhuiya stated that when in the morning at approximately 7.30 am people from the locality tried to see what is going on the soldiers opened fired. They fired in the air three times at which the whole village got terrified. She was not allowed to feed her five children and ailing elders till the soldiers left her house at about 2.30 pm in the evening. When she tried they abused her and threatened her by pointing gun at her ear and they forced her to serve them tea and snakes several times.

Her daughters Farhat Parvin Kawsar Barbhuiya aged about 9, Rahat Parvin Kawsar Barbhuiya aged 7, and sons Fuzail Ahmed Barbhuiya aged about 6, Suhail Ahmed Barbhuiya aged about 5 and Mikail Ahmed Barbhuiya aged 3 were badly traumatised. BHRPC members observed that the children developed some syndrome of trauma such as they could not sleep well in the night due to several interruptions by nightmares, they even experience hallucinations that armed men are trying to kidnap them in waking hours, they shudder and break down into weeping even at indirect mentions of the incidents.

In the mean time, some of the soldiers went to the adjacent house belonging to Mr Moinul Hoque Barbhuiya and purportedly searched for Samoi Panchayat. Mrs Rejwana Parvin Barbhuiya aged about 24, the older daughter of Moinul Hoque who is married and came for a few days to her father’s house, stated that two soldiers seriously misbehaved with her younger sisters namely Sabina Yasmin Barbhuiay aged about 14, a student of class VIII, and Shahnaj Yasmin Barbhuiya aged about 17 and studying in class XI. The soldiers repeatedly proposed them for sex and elopement in front of all family members and other soldiers. They grabbed their hands and engaged in scuffling with them. They also told the girls that they are soldiers with big guns and they can do anything with them. The soldiers threatened that if they would not comply they would be abducted and raped. They took the photos of the girls in their mobile sets. Rejwana told that she managed to protect the girls somehow from the worst. But they also got traumatised.

Mrs Hawatun Nesa also stated that the soldiers took away items of apparel, cosmetics, utensils and jewellery etc. bought to be given as wedding gift to Shahnaj at her marriage fixed to be solemnised on 26 May, 2010 worth approximately Rs. 70, 000.00 (seventy thousand) and Rs. 20, 000.00 (twenty thousand) cash. She also stated that the soldiers took signatures of Rejwana and herself in a paper written something on it which they did not allow her to read and they used her official stamp in the paper. They did it at gun point. The soldiers took away some official documents and papers belonging to the GP office. They also took away two mobile phones with SIMs with the numbers +919854621923 and +919435582945 used by Mr. Nazim Uddin, brother of Hawatun Nesa, and Hawatun Nesa respectively. However, the mobile used by her brother was returned to Hawatun Nesa on 25 May, 2010. She filed a complaint to the officer in charge (OC) of Algapur Police Station (PS) but police did not register a First Information Report (FIR).

Some other soldiers were also on rampage at the same time in other parts of the village. At about 5 am they raided the house of Mr. Mujammil Ali Barbhuiya, aged about 35, son of late Namor Ali Barbhuiya of Mohanpur part VI, half a kilometre away from the house of Samoi Panchayat. Mujammil Ali lives by farming his lands and at that time he was preparing to go to his farming field for work. Soldiers stopped him and asked whether he knows the whereabouts of Samoi Panchayat. But at his expression of ignorance they started beating him with the butts of gun and bamboo sticks. When he fell to the ground they kicked him incessantly. His clothes were torn into pieces. When his wife Mrs Rushna Begum Barbhuiya tried to rescue him they also beat her up.

They left severely injured Mujammil Ali when they saw another old man Mr. Abdul Jalil Laskar, aged about 65, in the street, who was going to the nearby mosque to participate in the morning prayer. They grabbed him and without much ado started administering severe blows of gun butts and bamboo sticks on the fragile body of the old man. When people tried to intervene they were also beaten up. Mrs. Latiful Begum Barbhuiya, a woman aged 35, Sharmina Begum, a girl aged 12 and a mentally retarded boy Imran Hussain aged about 14 were also badly beaten up. An expectant mother of about 9 months of gestation Mrs. Suretun Nesa (aged about 30, wife of Altaf Hussain Barbhuiya) was not spared. The soldiers kicked her in the abdomen and as a result she suffered miscarriage on 25 May, 2010 at the Silchar Medical College and Hospital, Silchar.

Another group of soldiers at about 6 am went to a nearby house belonging to Amit Das (known also as Sona Das, aged about 35, son of late Umesh Das). They also asked him about Samoi Pachayat and when he told them that he did not know where he is, they started beating him. He sustained injuries on his legs and is under treatment in the Community Health Centre, Mohanpur. It is also reported that soldiers even tried to prevent the wounded and injured from going to hospital.

The villagers are as much terror struck as surprised by the incidents. They are at a loss to explain the incidents. As there is no complaint against Samoi Panchayat with the police or any other authorities. He is a peace loving public spirited person. According to the persons BHRPC team spoke with, Samoi Panchayat is a very respectable person in the village. People love and trust him. He was elected as the GP president for two consecutive terms and when in the last election the seat fell under the quota for women his wife got elected with a huge margin. Some villagers requesting anonymity told that they saw political conspiracy behind the incidents. Neither Samoi Panchayat nor his wife is a member of a political party. They are independent politicians. They also don’t divide funds for rural development schemes that are implemented by the Panchayat among politicians and officials as is the practice in many other GPs. These villagers think that some of the politicians, most probably, belonging to ruling congress party might want to teach Samoi Panchayat a lesson and for this purpose they are using the army.

There are fears among the villagers for the safety of Samoi Panchayat and two girl children Sabina and Shahnaj. BHRPC is also very concerned for their safety and physical and psychological integrity of all victims and other villagers.

It is obvious that the actions of the soldiers don’t come within the rules of any civilised society. They not only violated human rights of the villagers but also violated the law of the land and committed serious crimes of house trespass, robbery, grievous hurt, causing miscarriage, attempted rape, molestation, assault, criminal intimidation and so on with intent to terrorise the people for political purpose like members of a terrorist group.

Report prepared by

Waliullah Ahmed Laskar

For BHRPC

On 26 May, 2010-05-26

At Guwahati, Assam