Showing posts with label NHRC. Show all posts
Showing posts with label NHRC. Show all posts

Sunday, May 18, 2008

Red terror in Nandigram

by Sunanda Sanyal

Two rounds of the panchayat elections in West Bengal are over but post-election violence continues. During the second round on 14 March, eight people were killed in cold blood. The murder at Basanti, an RSP stronghold, both on election day and the day after, shows the CPI-M is going to brook no opposition. It will use the police and its goons in dealing with its own allies as remorselessly as it flouts democratic institutions. It has slandered the Governor, the sole human face in the government, the Calcutta High Court and the National Human Rights Commission (NHRC), for example. For lesser mortals, ‘political correctness’ is engendered by the fear of murder and rape. The time for the bhadralok to play the innocent bystander is running out.
It is in this context that the findings of the NHRC assume the finality of the statement that, with the CPI-M government in place, the party’s murder and rape squads shall rule the state henceforth. Unlike the state human rights commission, known for its servility, the NHRC is respected all over India. Its chairman, former Supreme Court Chief Justice S Rajendra Babu, has described the violence at Nandigram as the “worst scars on the face of the nation”. Mr Sitaram Yechury, Mr Basudeb Acharia, Ms Brinda Karat, Mr Mohammad Salim (CPI-M MPs), Mr D Raja and Mr Gurudas Dasgupta (both CPI) have given Mr Babu a protest note. The RSP and Forward Bloc have, however, disagreed. They have begun to pay. Some the details of the NHRC’s findings are, therefore, worth a look.
The NHRC conducted an investigation at Nandigram from 15 November to 20 November 2007. It identified three phases in the Nandigram movement. The first (3 January to 14 March) is marked by police inaction despite regular clashes between the CPI-M and Bhumi Uchchhed Pratirodh Committee (BUPC). The second (15 March to 30 September 2007) is the aftermath of 14 March, dealt with on the basis of documentary evidence received from Ms Medha Patkar of the Narmada Bachao Andolan, People’s Tribunal on Nandigram and Citizen’s Solidarity among others. The third phase, events thereafter, confirms our worst fears of state terrorism under a chief minister who calls rapists and killers at Nandigram “us”, while all else are “them”.
Once the government had announced its decision to acquire land for a special economic zone, the political character of Nandigram changed with a large number of CPI-M cadres switching loyalty. The Trinamul Congress (TMC), which headed the BUPC, was the major gainer. To begin with, police tried to prevent clashes between BUPC and CPI-M goons, but stopped intervening when intervention was necessary. Eventually, the villagers “completely lost faith in the police”. They feared the police would help the CPI-M regain control of Nandigram and locals would lose their land. Notably, the commission found no evidence of Maoists aiding the BUPC. CPI-M supporters may have fled in fear from areas dominated by the BUPC, but the cadres never complained to the police of “impending attacks” by Maoists.
Wherever police registered FIRs against the BUPC, the latter’s supporters suffered heavily. Conversely, there is substance in their complaint of police failure in protecting them against CPI-M violence. For example, the police received information on 4 November that the CPI-M was planning to enter Gokulnagar on 6 November from Khejuri. Police withdrew before the plan was implemented. Once the police was withdrawn, the cadres safely cross-ed the Tekhali bridge. In fact, the police were so completely emasculated that the NHRC team found a “CPI-M flag atop the police bunker at the Tekhali bridge”. No one dared pull it down even after a week. Police wouldn’t record FIRs, doing so only when the NHRC intervened.
The officer-in-charge of Nandigram police station refused to record FIRs unless they were endorsed by a “local CPI-M leader”. General diary entries, the wireless transcript log books (both of Nandigram police station and the district control room) and the FIR register tell another sordid tale. They bristle with “manipulations and insertions, blank columns and pages, exaggerated FIRs, and sloppy investigations”. All these prove the police force’s subservience. The NHRC report drives you inexorably to the conclusion that, with this government in place, the rule of law is impossible.
Take these examples, as recorded by the NHRC. The Nandigram police station’s control room logbook for 10 November was left blank, “at the in-stance of one of the senior officers”. It was as if the day was uneventful, although it witnessed a gruesome assault by the CPI-M cadres on a peaceful BUPC procession. Many BUPC supporters were injured, some died.
Moreover, the CPI-M cadres forcibly herded around 400 of these people, from where the police subsequently ‘rescued’ 11 people (according to the statement of the officer-in-charge, Nandigram police station and circle inspector, Mahisabad). However, none of these events figures in the general diary or wireless transcripts.
The NHRC goes on to give a number of examples of rape victims being dismissed without forensic examination. Take Akhreja Bibi, who was allegedly raped by CPI-M cadres. She suffered severe pain and had a swelling on the upper thigh and on the pelvis. Several other symptoms too indicated rape. But the doctor did not examine her, because she was a “mother after all”. Actually, the NHRC report gives you the impression that West Bengal police will never be fair with the CPI-M in power. They do not have “courage to take action against CPI-M cadres”. You need the “local CPI-M leader…to get any work done by the police”.
Even a week after the vandalism, the district administration did not care to survey the extent of damage to houses. CPI-M cadres claimed to be the owners of the houses that BUPC supporters had left behind. So chances were that the little relief that they provided did not reach the right hands.
More shocking, government doctors acted neither professionally nor fairly. In most cases, injuries were “recorded on small pieces of paper and handed over to the patient” rather than being entered into a medico-legal register.
The NHRC’s interactions with Mr Alok Raj, deputy inspector-general, Central Reserve Police Force (CRPF), which made a perceptible difference at Nandigram, are revealing. The central force arrived after its recapture. The CPI-M’s motorcycle brigade had already taken over the village, “creating terror in the minds of BUPC supporters”, with the cadres “thrashing, beating and imposing fines” on BUPC workers. Mr Raj informed the commission that the state government wanted the CRPF to leave the actual trouble spot, i.e. the CPI-M-dominated areas, and move to TMC-dominated areas. The intention was to “weaken the TMC’s hold”. Mr Raj refused.

(Note: All quotations have been taken from the NHRC report.)

(The writer is former Head of the Department, English, Belur
Ramakrishna Mission College)



See also: http://development-dialogues.blogspot.com/2008/05/nhrc-sends-12-point-recommendation-to-w.html

Saturday, May 10, 2008

NHRC sends 12-point recommendation to W. Bengal Government on Nandigram violence : Thaindian News (9.05.08)

http://www.thaindian.com/newsportal/lifestyle/nhrc-sends-12-point-recommendation-to-w-bengal-government-on-nandigram-violence_10046873.html

New Delhi, May 9 (ANI): The National Human Rights Commission has sought the comments of West Bengal Chief Secretary on its 12 point recommendations on the violence in Nandigram.
The recommendations were given by a three-member committee of the Commission, which visited Nandigram.
The NHRC Committee comprising A.K. Jain, Secretary General, Damodar Sarangi, Special Rapporteur and A.K. Garg, Registrar, was appointed on February 8, 2008 to suggest compensation regarding the damage that occurred and to ensure that the monetary relief reaches the genuine persons.
The Committee was constituted after an inquiry team of the Commission submitted a report, after visiting the violence hit areas
The NHRC Committees recommendations are:
(1) Instructions may be issued to State Government to publish complete list of persons whose houses were damaged in the incidents from March 14 to November 2007 related to SEZ issue in Nandigram area, giving details like address, nature of construction (Pucca/Kutcha), extent of damage (fully/partially), exgratia amount paid or proposed to be paid, etc.
(2) List of applications received so far in this regard and status thereof may also be published.
(3) The above list may be published in at least two local Bengali papers having wide circulation in the area.
(4) A date may be indicated in the publication by which time anyone who likes to make an application or submits a representation can do so. (5) Three weeks or one months time from the date of publication in the newspapers is considered reasonable for receipt of applications. (6) Receipt should be given to the individuals making application.
(7) The lists may also be displayed on the notice boards in Gram Panchayat and Block offices and copies may be given to the district level representatives of all recognized political parties in the State. Copies may also be given to representatives of Bhoomi Uchhed Pratirodh Committee (BUPC). Receipts must be obtained.
(8) All fresh applications or representations must be duly enquired into and decision taken subject to confirmation by the NHRC.
(9) The Committee considers that for damaged houses/shops, following amounts of ex-gratia is reasonable.
(10) Pucca houses Rs. 20,000/- for fully damaged and Rs. 10,000/- for partially damaged.
(11)Kutcha houses Rs. 12,000/- for fully damaged and Rs. 6,000/- partially damaged.
(12) Provide shops at the same rate as kutcha houses.
The NHRC said payment must also be made to the next of kin of those who died in other incidents related to the issue and that the State Government should immediately take a decision about payment of ex-gratia amount to injured persons and inform the Commission.
It also urged that the information sought in the letter of Secretary General dated February 8, 2008, may be furnished immediately.
It said that the Superintendent of Police, East Midnapore, shall ensure that appropriate action is taken on all the complaints received at the police stations in the District. If the allegations made in the complaint disclose cognizable offence, the provisions of Section 154 Cr. P.C. should be complied with, and, all persons who have been arrested in connection with police cases regarding incidents of clashes and riots should be provided legal aid, if required.
The NHRC Committee visited West Bengal on April 3 and 4, 2008. It held discussions with District Magistrate East Midnapore, SP East Midnapore, ADM Haldia, SDO and SDPO Haldia, BDO Nandigram I and II Blocks and other officials.
It also interacted with the victims and met Ashok Behra (CPM), Sabapati Panchayat Samiti of Nandigram block and Mohd. Yasin, Chairperson, Standing Committee of Panchayat Samiti on Education. The Committee also met the Joint Secretary of the BUPC.
Besides, the committee saw damaged houses. It met the Chief Secretary, West Bengal on the second day. The Chief Secretary was informed that there was lack of transparency in the matter of publication of list of damaged houses and most of the affected persons and even the representative of BUPC who met the committee mentioned that they were not aware of such lists. (ANI)