Monday, December 11, 2006

3rd degree torture by police in india

e – Voice Of Human Rights Watch – e-news weeklySpreading the light of humanity & freedom ------------------------------------------------------------------------------------------------------------------------------Editor : Nagaraj.M.R.........................vol.2 issue.39.......................................09/12/2006 ------------------------------------------------------------------------------------------------------------------------------ Editorial : ATROCITIES ON DALITS IN INDIA -Inequalities , double standards by government of India in the recent past in India atrocities on dalits are on rise. In khairlanji of maharashtra a dalit family was paraded naked. In M.P , heads of dalits are shaven & made to sit on donkeys , paraded. In kanpur , U.P disrespect is shown to babasaheb’s statue , same type of disrespect is shown in maharashtra. All these proves the perverted mindset of those criminals – dalit oppressors. This goes to prove that those opressors are not humanbeings as they lack culture & have not evolved into humanbeings. They are still animals , the sad part is that these dalit oppressors are in the vantage positions of government , public service & call the shots. Just on the eve of babasaheb’s death anniversary , all the accussed in the kambalapalli dalit massacre , Karnataka were let free , by the court. What type of justice is this ? Now take for instance TADA cases , in Karnataka-tamilnadu border forest area forest brigand veerappan was looting forest resources. Police failed for long to apprehend him , to cover-up their own inefficiencies police simply used to round-up grownups on one pretext or the other. You must remember that there was no terrorism in that area still TADA provisions were invoked , innocents tribals , dalits were tortured by police . they filed TADA cases on grounds like you have supplied food , you have stitched veerappan’s clothes, etc. these acts even if true does not amount to terrorism. On the other side , Bombay is under repeated attack by terrorists. Mr.sanjay dutt a film icon was caught redhanded with AK-47 , PISTOLS , ETC in his possession. This is surely an act of terrorism. Bail provisions under TADA are strict. However mr.sanjay dutt’s father was a member of parliament & politically well connected. Mr.dutt got bail , now even the judge has absolved him of terrorist charges. Bottomline : if you are a rich crook in India you will be rewarded , if you are a poor , innocent , dalit – you will be framed. Jai hind. Vande mataram. Your’s sincerely, Nagaraj.M.R. ------------------------------------------------------------------------------------------------------------------------------ 3RD DEGREE TORTURE PERPETRATED BY POLICE IN INDIA - Gross violations of human rights by police At the outset , HRW salutes the few honest police personnel who are silently doing their duties inspite of pressures , harassment by political bosses & corrupt superiors , inspite of frequent transfers , promotion holdups , etc. overcoming the lure of bribe ,those few are silently doing their duties without any publicity or fanfare. we salute them & pay our respects to them and hereby appeal to those few honest to catch their corrupt colleagues. The police are trained , to crack open the cases of crimes by just holding onto a thread of clue. Based on that clue they investigate like “Sherlock holmes” and apprehend the real criminals. nowadays , when police are under various pressures , stresses – they are frequently using 3rd degree torture methods on innocents. Mainly there are 3 reasons for this : 1) when the investigating officer (I.O) lacks the brains of Sherlock holmes , to cover-up his own inefficiency he uses 3rd degree torture on innocents. 2) When the I.O is biased towards rich , powerful crooks , to frame innocents & to extract false confessions from them , 3rd degree torture is used on innocents. 3) When the I.O is properly doing the investigations , but the higher-ups need very quick results – under work stress I.O uses 3rd degree torture on innocents. Nowhere in statuette books , police are legally authorized to punish let alone torture the detainees / arrested / accussed / suspects. Only the judiciary has the right to punish the guilty not the police. Even the judiciary doesn’t have the right to punish the accussed / suspects , then how come police are using 3rd degree torture unabetted. Even during encounters , police only have the legal right , authority to immobilize the opponents so as to arrest them but not to kill them. There is a reasoning among some sections of society & police that use of 3RD DEGREE TORTURE by police is a detterent of crimes. It is false & biased. Take for instance there are numerous scams involving 100’s of crores of public money – like stock scam , fodder scam , etc involving rich businessmen , VVIP crooks. Why don’t police use 3rd degree torture against such rich crooks and recover crores of public money where as the police use 3rd degree torture against a pick-pocketer to recover hundred rupees stolen ? double standards by police. In media we have seen numerous cases of corrupt police officials in league with criminals. For the sake of bribe , such police officials bury cases , destroy evidences , go slow , frame innocents , murder innocents in the name of encounter , etc. why don’t police use 3rd degree torture against their corrupt colleagues who are aiding criminals , anti nationals ? double standards by police. All the bravery of police is shown before poor , innocents , tribals , dalits , before them police give the pose of heroes. Whereas , before rich , VVIP crooks , they are zeroes. They are simply like scarecrows before rich crooks. Torture in any form by anybody is inhuman & illegal. For the purpose of investigations police have scientific investigative tools like polygraph, brain mapping , lie detector , etc. these scientific tools must be used against rich crooks & petty criminals without bias. On “world human rights day”(10/12/2006) , hereby we urge the GOI & all state governments : 1) to book cases of murder against police personnel who use 3rd degree torture on detainees and kill detainees in the name of encounter killings. 2) To dismiss such inhuman , cruel personnel from police service and to forfeit all monetary benefits due to them like gratuity , pension , etc. 3) To pay such forfeited amount together with matching government contribution as compensation to family of the victim’s of 3rd degree torture & encounter killings. 4) To review , all cases where false confessions were extracted from innocents by 3rd degree torture. 5) To make liable the executive magistrate of the area , in whose jurisdiction torture is perpetrated by police on innocents. 6) To make it incumbent on all judicial magistrates ,to provide a torture free climate to all parties , witnesses in cases before his court. 7) To make public the amount & source of ransom money paid to forest brigand veerappan to secure the release of matinee idol mr. raj kumar. 8) To make public justice A.J.Sadashiva’s report on “torture of tribals , human rights violations by Karnataka police in M.M.HILLS , KARNATAKA”. 9) To make it mandatory for police to use scientific tools of investigations like brain mapping , polygraph , etc without bias against suspects rich or poor. 10) To include human rights education in preliminary & refresher training of police personnel. 11) To recruit persons on merit to police force who have aptitude & knack for investigations. 12) To insulate police from interference from politicians & superiors. 13) To make police force answerable to a neutral apex body instead of political bosses. Such body must be empowered to deal with all service matters of police. 14) The political bosses & the society must treat police in a humane manner and must know that they too have practical limitations. Then on a reciprocal basis , police will also treat others humanely. 15) The police must be relieved fully from the sentry duties of biggies & must be put on detective , investigative works. LEGAL IMMUNITY VS LEGAL PROSECUTION We at HRW , have highest regard & respects for the honest few in public service & parliament. It is only due to the sincere efforts of those honest few , wheel of democracy is turning in India. We salute those honest few public servants. We have highest regards & respect for all constitutional institutions & persons. In democratic India , as per law all are equal. However due to manipulation of law some are proving to be more than equals. now criminalization of politics , public service is almost complete. There are many accussed persons in Indian parliament & state legislatures as members of the house – as law makers. Some of these members are making contempt of the house , very august office they hold , constitution of India & citizens of India.. these accussed persons are king makers , they can make or break a government. For the fear of government falling down , their colleagues in the government never give legal sanction to the authorities to to legally prosecute such tainted MPs , MLAs. In this way one helps the other on quid pro quo. As a result , the tainted members misuse the legal immunity privileges. In this backdrop , the recent ruling of supreme court of India is welcome that prior government sanction is not needed to proceed against tainted MPs & MLAs. Hereby , we urge the GOI & all state governments to answer the following questions : 1) how many present MPs , MLAs are facing criminal charges ? how many in the past year wise ?what type ? 2) how many MPs , MLAs are absconders in police records , but are very much present in the house ? 3) how impartiality of investigations is ensured in such cases ? 4) why brain mapping , lie detector tests , etc are not used on such tainted public servants to elicit truth , instead of forming committees , CBI enquiry which takes years spending crores finally returning empty handed ? 5) how many MPs , MLAs , film stars , sports persons have attended parties hosted by anti-national dawood ibrahim abroad ? 6) how wealth growth of public servants is monitored ? 7) what action has been taken about former union minister mr.subramaniam swamy’s complaint that late prime minister rajiv gandhi’s family received funds from foreign intelligence agency ? 8) what action about KGB officer mitrokhin’s revelation in his book that , highest persons in GOI were working for foreign intelligence outfits ? are they still ? 9) what action about former union minister mr.natwar singh’s complaint of a leak in PMO which leaked out india’s nuclear secrets to foreign countries ? are they still ? 10) how many MPs , MLAs occupied offices of profit prior to recent amendment to the same section ? yearwise ? 11) why all of them were not disqualified from the membership of the house ? 12) how you monitor MPs , MLAs of foreign origin or having spouses of foreign origin or having foreign friends , acquaintances while in India & their tour abroad , from national security perspective ? 13) how many bills passed by the parliament / state legislatures approved by the president / governors are pending enforcement due to delay in gazette notification ? year wise ? delay ? --------------------------------------------------------------------------------------------------------------------------------INDIA: Failed justice mechanisms ensure most Indians do not benefit from economic development More than 70% of the Indians are being left behind and ignored in India, while the government is lauding the country's developed status. The Asian Human Rights Commission (AHRC) has noted through its work that there was no improvement in the human rights standards in India during 2006, as compared with the economic growth that the country has achieved in the same period. The AHRC has received numerous cases of gross human rights violations from India during the year, which lead it to believe that there has been no improvement in the human rights situation compared with the previous year. The primary institutions responsible for promoting, protecting and fulfilling human rights include the courts and other elements of the justice delivery system, such as the police and the prosecution department. All three establishments and their performances during this year in safeguarding human rights in India remain at a dismal low. Delays in courts, the widespread use of torture, the lack of accountability of the police and the pitiful performance of the prosecution department, have literally alienated the poor in the country. India's union and state governments have taken no steps whatsoever to reduce the delays to cases in courts. The situation remains the same as it has been over the past decade; cases, under ordinary circumstances, take a minimum of ten years to be decided upon, even at the first instance. It is thought that several hundred thousand additional cases will have been added this year to the already lengthy list of those in courts, further increasing delays. This situation requires urgent attention, which has been acknowledged by numerous current judges. The pressure felt in the higher courts has led to disposal targets being set for the lower courts. The lower courts are under pressure to meet the disposal targets set up by the higher courts, such as the High Courts and the Supreme Court, causing the summary disposal of cases at the lower courts, which dismiss cases on technical defaults rather than as the result of the consideration of the cases' merits. The infrastructure provided to these courts has not improved; in fact, it has even been reduced by the State. In addition, the higher courts have now started shifting from a broader approach to a much narrower one concerning human rights. This is true particularly in the case of the right to adequate housing. Several mass-demolitions were executed by the government, with the seal of approval of the courts in 2006. The massive demolition of slums in Delhi, Bombay, Kolkata and elsewhere in India are sad reminders of a court system that is increasingly catering to the interests of the executive government. The demolitions were sanctioned by the courts in the name of development. Thousands of Indians who were already destined to live in appalling conditions, now find themselves facing real threats to their survival as a result of court orders. Policing in India has also not shown any improvements during the year. The widespread use of custodial torture has been reported from various parts of India. The number of custodial deaths and deaths resulting from suspicious circumstances that have been reported from regions that are not normally associated with such violence by the police, like Kerala, has been on the rise. Cases received by the AHRC indicate that torture was being used as a central part of criminal investigations. Even though the prime minister declared early in the year that the country would soon be ratifying the United Nations Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, the AHRC doubts whether there has been any progress made regarding this. To date, custodial torture remains to be made a crime in India. There are no practical and reasonable avenues through which a victim of custodial violence can seek redress in India, other than via the expensive process of approaching the constitutional courts. While law enforcement officers continue to enjoy impunity, the initiatives taken by the Supreme Court of India in its decision in the Prakash Singh & Others v. Union of India and Others case, are now effectively being sabotaged by the protracted implementation of the directives of the Court by the government. In its decision, the Court had observed that the government must take immediate measures to address complaints against police officers, and to put mechanisms in place to reduce the political influence being exerted on the policing system. The Court relied upon the reports of earlier commissions and the National Human Rights Commission to conclude that the government must immediately take appropriate steps to address the issues that reduce policing in India to a despicable state. December 31 has been set as the deadline by the Court for the government to implement the Court's order. However, the government is still trying to file a revision against the judgment at present. This attempt by the government to retain the unchallenged control of the police has also been reflected in the increase of deaths from starvation in India. Starvation deaths are precipitated by corrupt and unaccountable policing in India. The local police, instead of charging corrupt food distribution agents with crimes, are conniving with these agents, allowing them to sell the food that was intended to be distributed to the poor in the black market. The response by the government remains that of defiance and ignorance. The maximum number of starvations deaths were reported in West Bengal, Uttar Pradesh, Bihar and Jharkant states during this year. Courts and public prosecutors depend upon the local police in order to ensure the successful prosecution of a human rights violation case. The fear that the local police have injected into ordinary persons, through the widespread use of torture and violence, allied with the ineptitude of the public prosecutors¡¦ office to conduct a proper prosecution, and decades of delays in courts, have alienated such persons from the justice dispensation mechanisms in the country. Support mechanisms such as the human rights commissions also depend upon the local police to investigate cases of human rights violations. This dependency combined with the police's poor image has negatively affected the trust that ordinary persons have concerning these mechanisms. Discrimination based on caste is yet another issue that the government has failed to address. Caste-based discrimination continues unabated in India, particularly in societies that are still under feudal control. In theory, India is a democracy, however, in practice, rural villages in India, particularly those in the northern states and in Karnataka and Tamilnadu in the south, are still under the control of feudal lords. The Dalits and members of the lower castes face the main brunt of abuses related to this phenomenon. Instead of trying to prevent further atrocities committed against the lower castes, the government is unfortunately avoiding any discussion concerning such issues. The AHRC¡¦s sister organization, the ALRC, will soon be submitting an alternate report to the United Nations Committee against Racial Discrimination, to coincide with the examination of India's country report by the Committee. The AHRC will also be releasing a detailed country report on India in the following days. Experiences gained during 2006 reiterated that protection and promotion of human rights can only become a reality if the justice delivery mechanism in the country becomes trustworthy and reasonable. Reforms to the existing system must begin with the halting of the culture of impunity currently being enjoyed by members of the law enforcement agencies. There must also be positive and immediate steps taken to address long delays to court cases. If these two issues are ignored any further, the situation of the rule of law will further deteriorate in India and risk reaching a sate of collapse. India now claims that the economic growth it has attained in recent years is an indicator of the improvement of rule of law in the country. If at all, this directly proportional relationship may only exist in countries where economic development benefits the majority of the population. In India, however, the benefits resulting from the current pace of economic growth are limited to a mere 20% of its population. Can a state be justified in referring to itself as being a democracy when more than 70% of its population is yet to experience the benefits of its economic growth? Can a government¡¦s actions be justified when it tries to undermine every attempt to improve its policing system? Can a country justify its failure to address discrimination based on caste, which is affecting a large section of its population? Only when the government takes steps to address these issues, will concepts like independence and development make any sense to the citizens of India. ---------------------------------------------------------------------------------------------------------- APPEALS TO HONOURABLE PRIME MINISTER OF INDIA Appeal no.1 Dear sir , INDIA: Journalists and protesters criticizing the brutal attack on Singur village protesters are severely injured by the police Victims who are identified:1. Mr. Shyamapada Shit, a cultivator of Dhaniakhali in Hooghly district2. Ms. Swapna Sarkar of Kolkata3. Ms. Gayetri Roy of Tollygunge4. Mr. Upen Koilya, a cameraman of Tara News channel5. Mr. Jyotirmoy Basu, a cameraman of ETV channel6. At least 12 other protesters Those responsible: Policemen from Srirampur police station area in Hooghly district under direct control of Hooghly district police administration. Inspector-in-Charge of Srirampur police station, Mr. Salil Kumar Ganguly, and Sub Divisional Police Officer of Srirampur, Mr Meena, were also presented at the time of incident and other senior police officers were also allegedly presented. Date of incident: At around noon on 8 December 2006Place of incident: In front of Udayan cinema hall located between Sheoraphully Railway Station towards G.T. Road in Hooghly district I am deeply concerned by the police’s brutal attack on unarmed peaceful protesters near Sheoraphully Railway Station, Hooghly district on 8 December 2006. Several protesters, journalists and cameramen have been severely injured. According to the information I have received, at around noon on 8 December 2006, a peaceful rally proceeded from Sheoraphully Railway Station in Hooghly district towards G.T. Road, in order to criticize the state government's forced acquisition of land at Singur area and the recent brutal attack on the villagers by the police. The Srirampur police then obstructed the rally and ordered the protesters to disperse immediately. The protesters were also surrounded by a huge police contingent with batons, tear gas, revolvers and rifles. The police were acting under the direct control of the Hooghly district police administration. I have been informed that the police indiscriminately attacked the protesters with lathis. As a result, several protesters and media personnel were severely injured. They include; Mr. Shyamapada Shit, a cultivator of Dhaniakhali in Hooghly district, Ms. Swapna Sarkar of Kolkata, Ms. Gayetri Roy of Tollygunge, Mr. Upen Koilya, a cameraman of Tara News channel, Mr. Jyotirmoy Basu, a cameraman of ETV channel and 12 other protesters. The police forces that were reportedly at the scene are from the Srirampur police station area in Hooghly district and have been acting under the direct control of the Hooghly district police administration. It is confirmed that Inspector-in-Charge of Srirampur police station, Mr. Salil Kumar Ganguly, and Sub Divisional Police Officer of Srirampur, Mr Meena, were presented during the incident. Other senior police officers are also believed to have been there at the time. Please write to the relevant authorities listed below and urge their strong intervention in this matter. Please ask them to bring those responsible for attacking the protesters to justice, respect the Sinpur peasants' land rights and provide adequate rehabilitation programme to the affected people. I am deeply concerned that this incident took place following the December 2 brutal attack on peaceful peasants by the police regarding the same matter at Singur. It has been alleged that even elderly women and children were indiscriminately beaten and arrested with serious criminal charges, going completely against the norms that have been established under the law. Such brutal police acts are in clear violation of the freedom of assembly and expression that is guaranteed by the Constitution of India as well as the International Covenant for Civil and Political Rights (ICCPR). I therefore strongly urge you to inquire about this matter and take action against those police officers responsible for inflicting indiscriminate violence against peaceful protesters and journalists. I also urge you to ensure that an independent inquiry is also conducted into the December 2 incident and that the cases against the villagers who were arrested are unconditionally withdrawn. I am also concerned about the forced eviction of the poor peasants in Singur area. In this regards, I request that you use your official capacity to ensure that the Government of India respects the Sinpur peasants' land rights and provides adequate rehabilitation programmes to the affected people. I look for your urgent intervention into this matter. Your’s sincerely, Nagaraj.M.R. Appeal no.2 Dear Sir, INDIA: Police violently assaulted peaceful peasants in West Bengal Name of victims: 1) Jhuma Patra, daughter of Mr. Ashok Patra; aged 12; resident of Ghaser Veri village, Hooghly district, West Bengal; student of class V in Naraharipara Primary School2) Soma Dhara, daughter of Sanyasi Dhara of the same village3) Mr. Shyamal Ghosh, son of Sibram Ghosh 4) Mr. Uday Ghosh, son of Madan Mohan Ghosh 5) Mr. Birat Mlik, son of Late Gokul Malik 6) Mr. Tushar Kanti Karmakar, son of Late Jugal Kishore Karmakar 7) Mr. Prabir Ghosh, son of Manik Ch Ghosh 8) Mr. Swapan Santra, son of Balai Chandra Santra 9) Mr. Amal Das, son of Narendra Nath Das 10) Mr. Sanat Sheet, son of Bhadreswar Sheet 11) Mr. Swarup Patra, son of Baidyanath Patra 12) Naba Kumar Bag, son of Gokul Chandra Bag 13) Rangta Munshi, 14) Gargi Sengupta, 15) Swapna Banerjee, 16) Chaitali Bhattacharjee, 17) Dipali Moitra, 18) Sankari Koley, 19) Champa Poila, 20) Padma Dey, 21) Tapasi Das, 22) Sakuntala Das, 23) Shyamali Das, 24) Sabitri Patra, 25) Sabitri Das, 26) Soma Dhara, 27) Lakshmi patra, 28) Jhuma Patra, 29) Sandhya Patra, 30) Pratima Dey, 31) Mr. Dilip Das, aged 44, 32) Mr. Mrityunjoy Patra, aged 52, 33) Mr. Tapan Batabyal, aged 53, 34) Mr. Bilas Sarkar, aged 26 (*Victims from no. 3 to no. 34 are residents of villages; Singur, Beraberi, Ghaser Veri and other adjoining villages in Hooghly district, West Bengal Alleged perpetrators: Personnel's of state police force and rapid action force (RPF)Date of incident: 2 December 2006 I am extremely concerned regarding the brutal assault on peaceful peasants by the police while they were protesting against forcible acquisition of their land for an automobile project. It has been alleged that even elderly women and children were beaten indiscriminately and arrested under serious criminal offences. I am outraged since this is completely against the norms established by the law. To briefly remind you about the case, the peasants of village Singur and other affected villages had long been opposing the forcible acquisition of their land to establish a 'small car' factory by TATA group. They were camping at Beraberi, Ghaser Veri and other nearby villages in order to protest the government's hijacking of the fertile and multi-crop producing area. On 2 December 2006 at about 10:00 am, local villagers began to protest when government officials started physically acquiring the land by fencing off the area. Violence soon broke out and the police force and the RAF resorted to a widespread baton charge and fired tear-gas shells along with rubber bullets. It has been reported that the police entered into the adjoining villages and mercilessly assaulted the residences, indiscriminately showing no respect for women, or children. Several people were severely injured due to the police's brutality. The police then entered into the houses, ventured onto the roof tops and beat unarmed persons with batons causing bloodshed. It has been alleged that female detainees were mercilessly beaten by the police who also used abusive language. It has also been alleged that the female detainees were manhandled, molested and sexually abused by the male police officers. Even the water supplied by the police could not be used since it was dirty and unfit for human consumption. It has also been alleged that not a single memo of arrest has been prepared against the detainees even though it is a mandatory requirement under law. I have been informed that the entire incident at Singur that happened on 2 December 2006 is a shocking example of how the police at the instigation of the state government violate the law and human rights. The police sprang into a barbaric force in Singur ignoring and violating the statutory requirements and the constitutional rights of the people under the encouragement of the state administration. This is a mockery at the face of democracy, legal procedures and the rule of law. I have been also informed that among many other procedural mistakes the date and time of arrest was not shown correctly in the records to avoid responsibility for illegal detention. This is however not a plan executed exclusively by the officers at the Singur police station, but was intentionally done under the instructions of higher police officials. The police had shown no respect to the life and property of the people, although Rudeness, harshness and brutality are forbidden under regulation 33 of Police Regulations of Bengal 1943. Even the mandatory directions of the Supreme Court of India in the D.K. Basu case (All India Reporter 1997 Supreme Court 610) have been shown scant respect by the state police force. The citizens of a free country like India have their right to assemble peacefully and express their views and opinions on any subject and the right to protest peacefully. I have been informed that several international covenants and norms have been shown scant regard by the West Bengal state administration. To be specific, one may draw attention to the United Nations Declaration on the Right to Development (1986). The term 'development' in Article 1(2) of the declaration implies: the human right to development also implies the full realisation of the right of peoples to self-determination, which includes, subject to the relevant provisions of both International Covenants on human rights, the exercise of their inalienable right to full sovereignty over all their natural wealth and resources and Article 2 (1) where it is stated that the human person is the central subject of development and should be the active participant and beneficiary of the right to development. It never appeared in the Singur incident, that the state government, which has an obligation to protect, promote and fulfill human rights, had ever cared for a moment about the rights of the villagers who were forcefully evicted. The villagers were treated as if they had no value in the grand scheme of plans. The ordinary villager was thrown to the ground and had to face the gun wielding and baton charges of a 6000 strong armed force which no doubt turned Singur into a battle field. I strongly condemn the forceful eviction of the poor peasants from their land and demand that every affected peasant family should be given adequate compensation and employment guarantees to ensure the peaceful acquisition of their land. I also demand that an independent inquiry should be set up immediately to look into the incident of brutal violence, with action taken against those police officers and personnel of the RPF who are found responsible for inflicting indiscriminate violence against peaceful villagers including women and children. Furthermore, I strongly demand that the cases against the villagers who were arrested are unconditionally withdrawn. I look forward to your urgent intervention on this matter. Your’s sincerely, Nagaraj.M.R. Appeal no.3 Dear Sir, INDIA: Two-day old newborn dies in police custody due to gross misconduct Name of victims: 1. Mrs. Soma Giri, daughter of Mr. Sasthi Giri, residing in Palpara within the jurisdiction of Jagacha police station in Howarh district, West Bengal state, India (arbitrarily taken into police custody) 2. Mrs. Giri's 2 and a half days old girl child (died in police custody)Alleged perpetrators: Officers attached to the Jagacha police stationDate of incident: 28 November 2006 I am extremely disturbed to learn about the death of a two-day old baby after she was arbitrarily detained along with her mother at the Jagacha police station in Howarh district, West Bengal on 28 August 2006. I understand that no inquiry has yet to be launched concerning the death even though the law stipulates that a judicial magistrate must investigate all deaths while in police custody. According to the information I have received, the victim's mother Ms. Soma Giri delivered a baby girl at the Bankra Central Nursing Home after undergoing a major scissoring operation on 26 November 2006. The nursing home authorities then discharged the mother a few hours later but kept the newborn baby for another two days since the infant's heath was weak. I then was told that on the same day, Ms. Soma's parents went to the Jagacha police station and filed a complaint against Mr. Sanatan Mudi (alias Santanu) regarding the alleged rape of their daughter. Subsequently on November 28, the case was registered (case no. 207) under section 376 (Punishment for rape) of Indian Penal Code (IPC) 1860. Sanatan was then later arrested that same day. Then on the evening of November 28, Jagacha police brought Ms. Soma along with her baby to the police station and inquired about the alleged rape case. The police detained her and her newborn baby overnight without reason and kept them outside of the lock-up area. Later in the night the baby began to cry due to the cold; however, the police did not provide any blankets or other materials to keep the infant warm. When the child finally stopped crying, Ms. Soma discovered that her baby had died. The next morning, the police brought the baby to Howrah District General Hospital where a doctor declared that the infant was dead. I have also learned that the Officer-in-Charge (OC) of the Jagacha police station claims that they had to detain Ms. Soma and the baby because they wanted to perform a DNA test in order to identify the child's father. However, such police claims do not justify such harsh treatment against an infant or explain why they needed to detain the young family overnight. I am deeply concerned by the authority's action since they have clearly violated Section 160 of the Criminal Procedure Code (Cr PC) which strictly prohibits the police from detaining any women or person below the age of 15 at a police station without a warrant. It is evident that the Jagacha police brought the mother and infant to the police station without any judicial order. I also know that Section 176 of Cr PC states that when any person dies in the police custody, the concerned judicial magistrate is empowered to hold an enquiry into the cause of death. Until now, no such inquiry has been initiated in this respect. Also, an autopsy has not been conducted, which is in violation of the guidelines made by the National Human Rights Commission of India (NHRC) that clearly affirm the importance of performing an autopsy that is conducted by an expert and that is also video graphed. In light of the above, I strongly urge that you immediately intervene in this matter. I ask that you appoint an independent investigating authority to enquire into the role of Jagacha police. If it is proven that the police have violated the procedure of law, legal action must be taken against the officers allegedly responsible, including the Officer- in Charge of Jagacha police station. Furthermore, to ensure the impartiality of the inquiry and the safety of Soma's family, the officers allegedly involved in this case should be suspended immediately during the investigation process. I also ask that a competent and independent post-mortem is conducted on the infant without further delay. Finally, Ms. Soma must be adequately compensated for this unnecessary and extremely traumatic experience. I look forward to hearing about your urgent intervention into this case. Your’s sincerely, Nagaraj.M.R Appeal no.4 Dear sir , INDIA: Government hospital negligence and police inaction about the killing of a woman Name of victim: Mrs. Gouri Naskar, aged 35, the wife of Mr. Sushil Naskar, resided in Tentulpara, Naskarpara, Garia village under Sonarpura Police station in South 24 Parganas district, West Bengal state, IndiaAlleged perpetrators:1. Mr. Bholanath Naskar, Mr. Sushil Naskar's uncle 2. Mr. Tabal Naskar, the son of Bholanath Naskar3. Mr. Swapan Naskar, the son of Bholanath Naskar4. Mr. Bapi Naskar, the son of Bholanath Naskar(All of them are residing in Tentulpara, Naskarpara, Garia village) Date of incident: At around 9:30pm on 8 August 2006 I am extremely disturbed to learn regarding the gross negligence of government hospitals and police inaction regarding a serious attack on the life of a woman. I have been informed that several government hospitals refused to provide emergency medical treatment to the seriously injured victim, which resulted into her untimely death. It has also been alleged that the local police apparently delayed to file a non-bailable charge against the alleged perpetrators despite the victim's relative's complaint and indirectly helped them to be bailed out by the court. It is believed that the police inaction is due to the nexus between the police and the alleged perpetrators, who are rich and influential figures in the area. To briefly remind the case, Mrs. Gouri Naskar had a longstanding dispute regarding a piece of land with her husband's cousin family. On August 8, 2006 above mentioned perpetrators attacked on Mrs. Gouri with bamboo and concrete rods. As a result of brutal beating the victim became seriously injured by her head. I was informed that Mrs. Gouri was brought to different government hospitals but none of these hospitals admitted her for emergency medical treatment although she was in critical condition that needs urgent medical treatment. The concerned hospitals are; Bangur Hospital of Kolkata, Chittaranjan Medical College and Hospital, Kolkata, National Medical College and Hospital, Kolkata and S.S.K.M. Hospital, Kolkata. Finally Mrs. Gouri was succumbed to her head injury on August 14. Such grass negligence of government hospitals is against the directions laid in the judgment of the Supreme Court in the case of Paschim Bangal Khet Mazdoor Samity and others Vs State of Bengal. In the judgment, the Supreme Court clearly mentioned that "failure on the part of the government hospital to provide timely medical treatment to a person in need of such treatment results in violation of his 'right to life' guaranteed under Article 21 of the Indian Constitution". I am also deeply concerned by deliberate police inaction into this matter. I was informed that even though the victim's sister-in-law lodged a complaint against the alleged perpetrators mentioned above on August 10 (FIR no. 260/06 dated 10/08/06 under section of 324/34 of IPC), the Sonarpura police did not take any initiatives to investigate the incident and arrest the alleged perpetrators. They did not even visit the incident place. Sections 324 is about "voluntarily causing hurt by dangerous weapons or means" and section 34 is about "acts done by several persons in furtherance of common intention". I was also informed that the Sonarpura police, in particular the Investing Officer (IO) of this case Mr. A Laskar, deliberately delayed to add a non-bailable charge (section 304 of IPC) against the perpetrators in the Charge Sheet for 46 days after the victim's death. I was informed that when the police finally added this section into the charge sheet on September 30, meanwhile, taking advantage of apparently delayed police action, the alleged perpetrators became successful to get bail from the Court of Additional Chief Judicial Magistrate (ACJM), Alipore on September 12. They are now arrogantly intimidating the victim’s family not to pursue the case against them. I was also informed that the Asian Human Rights Commission (AHRC), Hong Kong wrote to Mr. Paul Hunt, UN Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health regarding this matter. In light of the above, I strongly call for your immediate intervention into this matter. I urge you to appoint independent investigating authority to enquire the role of Investing Officer (IO) of Sonarpura Police Station for delaying the action against the perpetrators. If it is proven that the police inaction is due to the corruption, strong action must be taken those responsible. I also urge you to take proper action to arrest the alleged perpetrators and also inquire about the alleged intimidation on the victim's family by these people. I also urge you to initiate an extensive enquiry about the alleged negligence of government hospitals mentioned above which resulted into victim's death. Proper departmental and legal action must be laid against hospital staff responsible for such negligence. I also urge you to ensure that adequate compensation is given to the victim family. I look for your urgent intervention into this case. Your’s sincerely, Nagaraj.M.R. Edited , printed , published owned by NAGARAJ.M.R. @ # LIG-2 / 761,HUDCO FIRST STAGE , OPP WATER WORKS , LAXMIKANTANAGAR ,HEBBAL , MYSORE – 570017 INDIA………cell : 9341820313home page : , , : , nagarajhrw@hotmail.comA member of AMNESTY INTERNATIONAL INDIA

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