INDIA

HUMAN RIGHTS
REPORT 2005

EDITED BY : SUHAS CHAKMA

 India Human Rights Report 2005

First published 2005

© Asian Centre for Human Rights, 2005
Cover & Layout: Shafi
Photos: Mr Pradeep Phanjaobam, Editor, The Imphal Free Press

ISBN : 81-88987-10-7
Price Rs. 700/- (US $ 16)
 Contents
Preface v

Andhra Pradesh 1

Arunachal Pradesh 13

Assam 19

Bihar 33

Chhattisgarh 45

Delhi 51

Gujarat 63

Haryana 73

Himachal Pradesh 81

Jammu and Kashmir 85

Jharkhand 105

Karnataka 117

Kerala 125

Madhya Pradesh 131

Maharashtra 143

Manipur 151

Meghalaya 169

Mizoram 175

Nagaland 183
Orissa 187

Punjab 197

Rajasthan 211

Tamil Nadu 221

Tripura 229

Uttar Pradesh 243

Uttaranchal 253

West Bengal 257

Freedom of the press 275

Religious Minorities 281

NHRC: Clogged under

operational inefficiency 285

P r e f a c e

R
eporting on human rights violations covering 27 States and three
thematic issues – the right to freedom of expression, religious
intolerance and National Human Rights Commission - of India is
gigantic. It has never been prepared by any organisation or institution in
India. The poor state of human rights in India is a common knowledge. It is
reported 24 hours a day, seven days a week and 365 days a year. Yet, when
information on human rights violations is documented, collated and
analysed, the gruesome pictures of lawless law enforcement and human
rights violations emerge.
Yet, India Human Rights Report 2005 covering the events from 1
January to 31 December 2004 has not been able to report on a range of
issues which are extremely important. This is primarily because of the lack
of adequate information or staffing to cover the events. While there are a
large number of civil society groups working on the rights of the child,
women empowerment and trafficking of women and children, our attention
was also drawn to the conditions of the unheard people who were displaced
by Tau Devi Lal Thermal Power Station in Haryana and Pong dam in
Himachal Pradesh.
The violation of the right to life through brutal torture in custody or
extrajudicial executions in alleged armed encounters is the most serious
human rights violation. Hundreds of people are killed in custody every year
and the NHRC’s Annual Reports vouch it. The excessive powers given for
arbitrary arrest and detention and non-implementation of the guidelines on
arrest and detention as provided in the D K Basu judgement result in custodial
death. Most victims of deaths in police custody seem to fall ill the moment
they are taken into custody. Many are often conveniently made victims of
suicide with strange objects like shoelaces. Suddenly, the detainees have
access to poison in police custody. The doctors in violation of the medical
ethics doctor the autopsy reports. Punishment for custodial killings is often
mere transfer to the police lines and advice for retirement. High number of
INDIA HUMAN RIGHTS REPORT 2005
deaths in police custody were reported from
Chattisgarh and Punjab.
Extrajudicial executions are
systematic in most of the armed conflict
situations. Highest number of extrajudicial
executions were reported from Jammu and
Kashmir and Manipur. Since the Peoples
Democratic Party – Congress came to
power in Jammu and Kashmir in 2002, the
State government ordered inquiries into 54
cases of human rights violations and by
December 2004, only one case was
resolved. In 2004, Manipur State
government ordered eight judicial
inquiries including the killing of
Thangjang Manorama Devi but not a
single report has been made public.
Disproportionate use of force
especially fire-arms by the police while
controlling crowds also causes violation of
the right to life of a large number of
persons. The non-implementation of the
principles of “absolutely necessary”, a
stricter and more compelling test of
necessity, and “proportionality for the use
of force” as provided in India’s Criminal
Procedure Code and United Nations Basic
Principles on the Use of Force and
Firearms by Law Enforcement Officials is
responsible for such blatant deprivation of
the right to life. On 27 October 2004, four
farmers were reportedly killed and at least
30 others injured in police firing in
Gharsana tehsil in Sriganganagar district
of Rajasthan. The State government of
Andhra Pradesh has failed to take action
on as many as 47 lock-up deaths and 732
incidents of police firing in which
VI
Preface
inquiries have been ordered since 1993.
Women and girls do not only suffer
from domestic violence and other societal
violence including honour killings and
female foeticide, they are also specific
target of both the armed opposition groups
and security forces in internal armed
conflict situations because of their gender.
While the killing of Thangjang Manorama
Devi of Manipur in July 2004 highlighted
the abuses by the State security forces, the
cutting of noses and ears of Mariam
Begum by the alleged cadres of the
Harkat-ul-Mujahideen in Jammu and
Kashmir brought into focus the medieval
and barbaric forms of torture perpetrated
by the armed opposition groups.
Internal armed conflicts have led to
displacement of over half a million
persons in India respectively 150,000 in
Assam; 262,000 in Jammu and Kashmir,
35,000 from Mizoram and about 50,000 in
Tripura. While the Kashmiri Pandits were
able to draw attention of both the Central
and State governments, the other IDPs are
openly discriminated despite being
citizens of the country. The Kashmiri
Pandit migrants have been living in
accommodation provided by the
government. They are also provided with
monthly relief and free ration. In
November 2004, the central government
has also reportedly agreed in principle to
release Rs 150 crore to set up two room
sets for the Kashmiri migrant pandits
living in different camps in Jammu. In
comparison to Kashmiri pandits, the
conditions of the 60,000 border migrants,
INDIA HUMAN RIGHTS REPORT 2005
who were forced to flee their homes along
the India-Pakistan border in Jammu and
Kashmir have been deplorable. The
apathy of the state government towards the
plight of the border migrants was
manifested from tortured to death of
Chairman of Border Migrant Action
Committee, Chajju Ram of Nikkian
village in Khour block of tehsil Akhnoor in
Jammu district on 2 March 2004 at Kot
Ghari. While displaced Kashmiri Pandits
receive Rs 750 per person, an adult Reang
IDP in Tripura receives only Rs. 2.67 paise
a day and a minor received half of it.
The conditions of the Dalits remain
deplorable and they continue to be denied
access to public places such as places of
worship, water wells etc across India. If
Dalits touch something, they need to be
purified by washing with Ganga jal, water
of holy Ganges, or cow urine as was
reportedly done at the Hanuman Temple of
Allapur village in Medak district of
Andhra Pradesh. Yet, rape of the
untouchable women by the upper castes
especially in Uttar Pradesh, Madhya
Pradesh, Bihar and Rajasthan is a common
practice. Societal double standards,
hypocrisy and impunity contribute to
growing atrocities of the Dalits by the
upper castes. Of the 4,084 cases of
atrocities against Scheduled Castes
recorded in Orissa from 1 March 2000 to 1
May 2004, charge sheets have been
submitted in only 2,518 cases. While five
persons have been convicted of such
charges during 2000, four have been
convicted in 2001 and one each in 2002
Preface
and 2003. Due to the unwillingness of the
State to deliver justice, impunity has been
a common feature of the massacres of the
Dalits whether at Kumher of Rajasthan on
6 June 1992 or at Laxmanpur Bathe of
Bihar on 1 and 2 December 1997.
The Adivasis, indigenous peoples , who
are also termed as Scheduled Tribes face
discrimination in the administration of
justice, land alienation, forced evictions etc.
They have also been disproportionate
victims of the development process
undertaken in the country. Yet, nothing is
more starkly clear than the fact that each
monsoon (May-August), thousands of
indigenous peoples die from Maharashtra to
Tripura due to lack of medical facilities and
malnutrition. Each year, only the statistics
on the number of tribals’ death increase
without any effective measures to
ameliorate their conditions.
In a country where the Gross National
Product depends on the agricultural sector
that is totally dependent on the monsoon,
the farmers have been facing tremendous
difficulties. While hundreds have
committed suicide in Andhra Pradesh, the
Rajasthan government slapped National
Security Act against Hetram Beniwal,
Vallabh Kochher and Saheb Ram Punia of
the Kisan Mazdoor Vyapari Sangarsh
Samiti to suppress the movement of the
farmers for more water.
Prison conditions remain poor
whether in Rajasthan and Jammu and
Kashmir. In Barmer district jail of
Rajashthan, there were neither female staff
to deal with female prisoners nor did
vii
INDIA HUMAN RIGHTS REPORT 2005
female prisoners have separate provisions.
Because of the lack of escorts to produce
before the courts, undertrials from Kerala
to Jammu and Kashmir are denied access
to justice. The condition of about 55
prisoners who have been lodged in jails at
Bhagalpur, Gaya and Muzaffarpur of
Bihar and awarded death sentence but
there has been inordinate delay in the
execution, remained the most pitiable.
The misuse of the Prevention of
Terrorism Act of 2002 requires little
introduction. Though about 145 POTA
detainees involved in 59 cases were
released in June 2004 in Jharkhand
because of the lack of evidence, many of
the released POTA detainees continued to
remain in prison under various offences
filed under the Criminal Procedure Code
and Indian Penal Code. Many are too poor
to pay the bail bond money and have little
access to legal aid. However, those police
personnel who have knowingly abused
POTA have been given complete impunity.
About 15 States in India face internal
armed conflict and human rights
violations in these States remain a serious
issue of concern. Undoubtedly, all the
armed opposition groups have been
responsible for violations of international
humanitarian laws by indiscriminate
killings of civilians, kidnapping, hostage
taking, extortion and “passing of
sentences and the carrying out of
VIII
Preface
executions without previous judgment
pronounced by a regularly constituted
court affording all the judicial guarantees
which are recognized as indispensable by
civilized peoples”. The killing of 17
innocent school children at Dhemaji
district by the ULFA on 15 August 2004
is a clear example. What is most
disconcerting is that the government also
justifies impunity for human rights
violations by the security forces in these
armed conflict situations for keeping the
socalled morale of the security forces.
Respect for human rights is the
strongest weapon in the counter-
insurgency operations or in the war against
terror. The strength of any country
claiming itself as “democratic” lies in
upholding the supremacy of the judiciary
and primacy of the rule of law. It requires
putting in place effective criminal-law
provisions to deter the commission of
offences against the innocents and
punishment for breaches of such
provisions while exercising executive
powers; and not in providing the arbitrary
powers to the law enforcement personnel.
To be truly democratic, India must
decisively move away from the regime of
sovereign immunity towards a regime of
accountability. ■
Suhas Chakma
Director, ACHR
C h a p t e r
1
Andhra Pradesh

I. Overview

S
ince the Congress and Telangana Rashtriya Samiti (TRS)
coalition won the State Assembly elections in May 2004, the
State government has taken measures for holding talks with
the Peoples’ War Group, a radical left wing armed opposition group
also known as the Naxalites. Following the declaration of ceasefire
in June 2004, Andhra Pradesh government lifted six-year-old ban on
the PWG on 21 July 2004.1 The first round of talk between the
government and the Naxalites was held on 16 October 2004. Though
INDIA HUMAN RIGHTS REPORT 2005
an independent cease-fire monitoring is in
place, peace remained on the edge.
The cease-fire with the Naxalites
helped to reduce human rights violations
during the second half of the year.
However, two and half decades of
insurgency, which has already claimed
about 6,000 lives,2 has institutionalised the
brutality of the police. Andhra Pradesh
Police personnel have been responsible for
arbitrary arrest, torture, rape and summary
executions in fake encounters. The newly
elected State government failed to take
action on as many as 47 lock-up deaths
and 732 incidents of police firing in which
inquiries have been ordered. Some of the
cases have been pending for more than a
decade since 1993.3
The State police authorities refused to
take action against the culprits despite the
High Court judgement of October 2003
pertaining to the custodial death of
Musalaiah. He was picked up by the police
from Rajahmundry town of East Godavari
district on 8 August 1999 on charges of
selling illicit liquor and was tortured to
death. Only after the victims’ family
members assisted by human rights activist,
M Subba Rao approached the High Court
again for contempt of court that the
Superintendent of Police, East Godavari
district suspended 10 policemen pursuant
to the fresh direction of the High Court in
July 2004.4
The Dalits continued to suffer
violence at the hands of the upper caste
Hindus and denied access to places of
worship, water wells etc.
2
Andhra Pradesh
The indigenous peoples, Adivasis,
also continued to suffer from
discrimination in the administration of
justice, denial of access to health care and
denial of the right to land. On 8 March
2004 the Supreme Court took strong
exception to the application of Criminal
Procedure Code, 1898, instead of the
CrPC, 1973 in the Scheduled Areas. This
led to more period of incarceration than
provided in the conviction orders for more
than 3,000 prisoners in the Scheduled
Areas.5
The Naxalites were responsible for
serious violations of international
humanitarian law including torture and
killing of alleged police informers, political
activists and socalled class enemies.
In the first 200 days of the Congress-
TRS alliance government, there were
reports of death of more than 2,00 farmers
through suicide and starvation.6 According
to official sources more than 1,381 farmers
have reportedly committed suicide7
between 1998-2004. Unofficial sources
put the deaths at over 3,000.8
On 1 November 2004, the state
government announced its decision to
establish the State Human Rights
Commission.9 But at the end of the year no
concrete measure was taken.
II. Violations by security forces
i. Arbitrary, summary and extrajudicial
executions
Arbitrary, summary and extrajudicial
executions have been rampant in Andhra
Pradesh. The procedures issued by
INDIA HUMAN RIGHTS REPORT 2005
National Human Rights Commission on
fake encounters had little impact on the
ground.10 The National Human Rights
Commission registered 84 cases of
custodial deaths in 1999-2000, 78 cases in
2000-2001, 97 cases 2001-2002 and 122
cases in 2002-2003.11
Impunity is one of the root causes
encouraging violations of the right to life.
The State government has yet to take
action regarding the inquiry reports on as
many as 47 custodial deaths and 732
incidents of police firing. As per rules, the
State government must obtain inquiry
reports from magistrates within four
months. In cases where the inquiry into a
custodial death could not be completed
within the stipulated period, the inquiry
officer is required to record the reasons
and seek permission from the sessions
judge for some more time. Backward
districts of Karimnagar (296), Warangal
(109) and Nizamabad (72) have the largest
number of pending inquiry reports on
police firing. About 107 cases of police
firing have been pending since 1993. The
relatives of the victims have been denied
compensation in many cases.12
On 13 April 2004, 30-year-old
Dhanraj, resident of Kukatpally
Municipality area in Hyderabad was
allegedly called to the Kukatpally police
station on the complaint of his friend who
accused him stealing of Rs. 72,000.
Unable to bear the torture, he reportedly
committed suicide on 14 April 2004.13
On 17 July 2004, Excise Enforcement
officials of Punganur arrested Bayyanna, a
Andhra Pradesh
rickshaw puller, for allegedly possessing
country liquor. The next day, his body was
found on the outskirts of the town.
Preliminary inquiry by the police revealed
that Bayyanna was tortured to death. Later
on, Excise Circle Inspector Narasimha
Reddy, excise constables Ramachandrudu,
Reddayya, Prasad and Ramachandra of
Punganur excise police station were
arrested.14
On 28 October 2004, Gangaraju
Jawahara Babu was arrested on the charge
of eve-teasing and detained in the lock-up
by the Sattenapalli police in Guntur
district. He reportedly died of fits and
frothing in the police station on the
morning of 29 October 2004.15
On 21 December 2004, Gangaaju
Gangaiah, 55 of Srikalahasti under
Chittoor district was arrested in an alleged
case of theft. He died in the custody of
Srikalahasti police station. Police claimed
that Gangaiah had committed suicide with
his lungi in the cell. However, the family
members alleged that he was tortured to
death. On 22 December 2004, the relatives
of the victim staged a dharna in front of the
Srikalahasti police station.16
The police were also responsible for
unlawful and arbitrary deprivation of life
through arbitrary use of fire arms.
On 18 January 2004, Andhra Pradesh
Police reportedly killed two villagers and
injured three others when police opened
fire to quell alleged rioting mob at Salur in
Vizianagaram district of Andhra Pradesh.
The mob was protesting against the
apprehension of 15 alleged gamblers by
3
INDIA HUMAN RIGHTS REPORT 2005
Salur police station Sub-Inspector V
Venkata Appa Rao and demanded their
release.17
On 1 November 2004, one person
reportedly identified as Mujahid was
killed in police firing on a crowd in front
of the office of the Director-General of
Police in Hyderabad. The crowd tried to
prevent the arrest of religious leader
Moulana Nasiruddin, an accused in the
case of murder of former Gujarat minister
Haren Pandya by the Gujarat police. The
Home Minister reportedly ordered an
inquiry into the incident.18
During counter insurgency operations,
Andhra Pradesh police personnel also
claimed to have killed many Naxalites in
encounters. On 25 January 2004, police
shot dead one Yerra Satyam, an alleged
high-ranking member of the PWG and his
associate Sivanda alias Sankar. They were
believed to have been behind the
assassination attempt on then Chief
Minister Chandra Babu Naidu in October
2003. Civil liberties activists alleged that
the two Naxalites were extrajudicially
executed.19
On the night of 28 March 2004, three
members of PWG were reportedly killed
in an exchange of fire in Nallamala forest
area of Amramabad mandal20 in
Mahabubnagar district. Another Naxalite
was killed in an encounter that took place
on the outskirts of Chinna Kistapur village
in Jagadevpur mandal in Medak district on
the same date.21 On 4 March 2004, four
Naxalites were reportedly killed in an
encounter in the deep forests near
4
Andhra Pradesh
Pamidipadu of Bollapalli mandal in
Guntur district.22 On 13 May 2004, two
PWG Naxalites - B Raja alias Balanna and
G Sekhar alias Raghu were reportedly
killed in an encounter with police at
Akenapalli in Adilabad district.23
While it is difficult to verify the
claims of encounter killings, Andhra
Pradesh Civil Liberties Committee and
Human Rights Forum reported many fake
encounter killings. In August 2004, the
Forum highlighted large number of
encounter killings in Palnadu where police
claimed to have executed 42 Naxals in a
record time of 15 months during 2003-04.
Many innocent persons were allegedly
executed.24
ii. Arbitrary arrest, detention and
torture
Andhra Pradesh Police continued to
arrest without warrant and torture innocent
people and suspects for bribes and to
extract confessions.
On 19 April 2004, Congress candidate
Galla Aruna Kumari of Chandragiri
constituency, her husband Ramachandra
Naidu and son Jayadeva Naidu were
beaten and arrested for protesting against
the forcible removal of the hoardings of
her election campaign by the local
returning officer under police cover. Then
Chief Minister N Chandrababu Naidu was
visiting the constituency.25
On 5 May 2004, two drunken
policemen, Ravinder Goud and
Venkateswarlu of Humayunagar police
station, allegedly beaten up one
INDIA HUMAN RIGHTS REPORT 2005
Mohammed Habeeb, the watchman of the
Fisheries Department office in Masab
Tank after he refused to allow them to
enter the premises with a prostitute. A
case was reportedly registered against the
two constables for causing hurt and
criminal trespassing but no action was
reportedly taken.26
In June 2004, a poor woman P.K.
Vannamma of Penekalapadu in Kanekal
Mandal under Anantapur district was
allegedly beaten up by the police to evict
her from her lands at the behest of one
Sanjiva Reddy. Vannamma was admitted
at the Anantapur General Hospital after the
beating.27
In the wee hours of 28 June 2004, the
Andhra Pradesh Police led by Circle
Inspector Venkat Reddy raided a private
stone quarry-cum-crusher unit at Fakirbad
of Navipet Mandal. The quarry was
allegedly using detonators, which are also
used by Naxalites. The police reportedly
seized a few ordinary detonators from the
quarry office. Anjaiah, the quarry manager
along with 10 other labourers was picked
up by the police and brought to the police
station. The police interrogated Anjaiah
and the labourers for around seven hours,
severely torturing them to know about the
source of the supply of blasting materials.
Anjaiah reportedly collapsed at the police
station during the interrogation. The police
then reportedly shifted him to a private
hospital at Nizamabad stating that he
suffered heart attack.28
On 20 November 2004, three
prisoners lodged in the Central Jail in
Andhra Pradesh
Warangal in Andhra Pradesh - Venkat
Reddy, B Ravi and Mohammed Yaqub
allegedly attempted suicide for the second
time in a week to escape atrocities of the
Jail Superintendent, R Narsimha Reddy.
They consumed sleeping pills in excessive
quantity. Other prisoners of the jail also
went on an indefinite fast in solidarity with
them.29
On 24 December 2004, 23-year-old
Anand committed suicide in Kurnool town
of Andhra Pradesh by jumping in front of
a train because of police torture.
According to a letter purportedly written
by the deceased, a copy of which was sent
to an English daily on 25 December 2004,
Anand and his friends David, Naveen,
Mujeeb and Bhaskar were brutally
tortured by sub-inspector Ravi Kumar. The
Sub-Inspector had picked them up while
they were loitering on the road. The Sub-
Inspector had allegedly urinated in the
mouth of the youngsters.30
III. Political killings
Political killings between the
Congress Party and the Telegu Desam
Party (TDP) intensified after the Congress
party came to power.
TDP claimed that its party men were
being systematically targeted by the
Congress workers. On the night of 7
September 2004, 35-year-old TDP worker
Kedar Naidu was attacked by his rivals
when he was closing his automobile spare
parts shop. The assailants first threw
country-made bombs at him and then
hacked him to death with axes. The
5
INDIA HUMAN RIGHTS REPORT 2005
incident took place when the TDP had
given a call for strike in Anantapur district
to protest against such incidents. In early
September 2004, TDP alleged that 30 TDP
workers including 14 in Anantapur alone
were killed in political violence sporead
over 127 villages in 15 districts.31
In Anantapur district, 182 political
workers were reportedly killed between
1992 and 2004. They included 96
Congressmen and 86 TDP workers. In
2004, 30 TDP men and 19 Congressmen
were reportedly killed in 16 districts in
Andhra Pradesh. They included 17 TDP
and 9 Congress workers in Rayala Seema
region. The Andhra Pradesh State Cabinet
in its meeting on 17 September 2004
reportedly ordered a judicial inquiry into
the factional violence and killings in
Anantapur district of Rayala Seema region
during the last 15 years.32
IV. Atrocities against the Dalits
The Dalits continued to suffer from
physical violence at the hands of the upper
caste Hindus. They were also denied
access to public places such as places of
worship, water wells etc.
After a Dalit teen, Tukaram of Allapur
in Medak district offered prayers at the
village Hanuman Temple after securing
first class in his intermediate examination
on 24 May 2004, the upper caste Reddys
and Yadavs in the village allegedly issued
a diktat, prohibiting the 75 Dalit families
living in Allapur from shopping from the
upper castes or drawing water. The upper
caste villagers summoned Tukaram’s
6
Andhra Pradesh
father, Tulsiram, and reprimanded him on
24 May 2004 itself. Not satisfied with his
apology, they imposed Rs 500 fine on him.
On 29 May 2004, the upper caste Hindus
had the entire temple complex cleaned
with cow urine and conducted special
pujas to “cleanse” the temple from the
“imprints of untouchables” The Dalits
were also stopped from entering the
community centre and doing any
agricultural work in the village.33
On 22 October 2004, members of the
upper caste allegedly prevented P
Pentaiah, a Dalit Sarpanch of Peda
Amberpet under Hayat Nagar police
station in Hyderabad city from entering
Hanuman Temple and offering the Ravana
Dahanakanda rituals. He was also
allegedly beaten up and abused.34
In Depur village of Nellore district,
the Dalits were denied access to the water
wells. The dalit women were often not
allowed to dip their buckets into the wells
and made to wait for hours to get water.
Only after the members of the upper caste
Reddy community were completed with
filling their buckets first, they were
allowed to draw water. Sometimes, they
had to wait all day to get their bucket
filled. Dalits cannot wear slippers or ride
bicycles in the upper castes area. In school,
Dalit children were made to sit separately
from the upper castes.35
In February 2004, the NHRC
reportedly intervened into the plight of a
minor Dalit girl who gave birth to a child
after an upper caste man in a village in West
Godavari district had allegedly raped her.36
INDIA HUMAN RIGHTS REPORT 2005
On 4 February 2004, seven Dalits of
Kistayepalem under Mangalagiri Mandal
in Guntur District were reportedly injured
after being attacked by caste-Hindus of
Mandadam under Tulluru mandal. They
were reportedly attacked for refusing to
accept 25 paise coins by the bus conductor,
Epuri Ramarao who was a Dalit. The upper
caste youths reportedly alerted their
relatives through mobile phones and told
them that the Dalits of Kistayapalem
attacked them. A gang of upper caste
youths reached Kishtayapalem hemlet on
two-wheelers and attacked the Dalits with
sticks and chains and injured seven Dalits.37
The segregation continued even in
public places such as schools. In a
government primary school at Kontur in
Medak district of Andhra Pradesh, 38 of
the 46 students who were supposed to stay
for mid day meal reportedly leave the
school without touching the food as it was
cooked by two Dalit women. Only 14
Dalit students eat at the school.38
The Dalits were also deprived of
ownership of lands. Between 1948 and
1970, the abolition of the Estates Act, the
Enam Abolition Act and the Telangana
Tenancy Act effectively transferred the
control of over 349 lakh acres to farmers
and tillers. But only 0.5 per cent of these
lands have reportedly reached the hands of
the Scheduled Castes and Scheduled Tribes.
Despite being issued pattas (title deeds)
later on, most lands were never handed over
to the Dalits.39
To protest against the failure of the
district administration to restore their
Andhra Pradesh
cultivable lands in Chinnaganjam mandal
of Prakasam district, two Dalit women -
Mark Rani and M Yashoda reportedly
attempted to commit suicide at the District
Collector’s office compound in Ongole on
14 September 2004. Rani, who was rushed
to the Ongole government hospital died in
the early hours of 15 September 2004.40
In July 2004, six Dalit youths namely
Vadlamudi Samson, Pasumarthi
Rajanikanth, Nattala Anjaneyulu, Chundi
Babu-Rao, Nattala Hanumantha Rao and
Nattala Anil of Vengamukkalapalem
village in Ongole Mandal of Prakasam
district reportedly attempted suicide by
consuming pesticide in front of the District
Collector, Ongole. The six were
immediately shifted to the government
hospital. Hanumantha Rao died while
undergoing treatment. In 1987, the
government had distributed about 30 acres
of land to the Dalits in Survey No 122/10
and 122/12 in Vengamukkala palem.
When they did not utilise these lands, the
government after giving notification,
cancelled the orders over the distribution
of lands. The Dalits were demanding that
these lands be allotted to them again.41
On 16 December 2004, Garnepudi
Nageswara Rao, a Dalit, died of starvation
following ex-communication of the Dalits
in the village of Pedamakkena in
Sattenapalli Mandal, Guntur district. The
caste Hindus announced a social boycott
of the Dalits through mikes and enforced it
strictly imposing penalty of Rs 500 on
those who violate the order. Instead of
hiring the Dalit labourers in Pedamakkena,
7
INDIA HUMAN RIGHTS REPORT 2005
the upper castes hired labourers from
Kurnool for cultivation. An inquiry was
ordered but the Dalits continued to be
denied work.42
V. Atrocities against the Adivasis
For the last three decades, indigenous
peoples of Andhra Pradesh had been facing
discrimination in the administration in
justice.
In 1974, the State government of
Andhra Pradesh issued a notification
pertaining to the application of Criminal
Procedure Code (CrPC), 1898, instead of
the CrPC, 1973 to the Scheduled and tribal
areas in Adilabad, Warrangal, Khammam,
East Godavari, Vasakhapatnam,
Vizianagaram and Srikakulam districts.43
The 1973 Code has a provision for setting
off the period served by undertrial
prisoners while calculating a sentence of
imprisonment. But since the Code was not
applicable to tribal areas, prisoners in
these areas had to serve the full sentence
imposed on conviction, notwithstanding
the period served as undertrials. Further,
the benefit of anticipatory bail for non-
bailable offences provided under the 1973
Code was not available to the tribals.44 In
March 2004 the Supreme Court held the
non-extension of benefits of amendments
of the CrPC of 1973 to the Scheduled
Areas as illegal. On 25 March 2004, the
state government reportedly issued an
order extending the provisions of the CrPC
of 1973, to all the tribal areas in the State.
Over 3,000 tribals languishing in jails even
after serving out their sentences were
8
Andhra Pradesh
ordered to be released. 45
The indigenous peoples also faced
forced evictions. On 22 September 2004,
the forest officials attempted to destroy the
crops of the tribals of Pathipaka village
under the Chintarevupalli reserve forest
range in Vararamachandrapuram mandal
in Khammam district. About 100 tribal
farmers raised crops in an area of 80-acres
which allegedly falls in the
Chintarevupalli forest area. The forest
officials remained silent when the tribals
ploughed the land and sowed seeds.
However, when the crops reached reaping
stage, the forest officials sought to destroy
them.46
The Scheduled Areas inhabited by
indigenous peoples also have little access to
health care facilities. According to a report
of the National Family Health Survey-II,
the scheduled tribes of Andhra Pradesh
have not been getting access to good
medical and health care facilities. There has
been lack of doctors and paucity of
medicines. The primary health centres are
far from their dwelling places. The
womenfolk suffer the worst. More than
60% of the 24,57,809 tribal women in
Andhra Pradesh reportedly get married
before the age of 18 but pregnant tribal
women rarely get access to a qualified
doctor. The survey reported that 43.1 per
cent of pregnant tribal women do not get
ante-natal check ups. About 80 per cent of
them give birth to their babies at their
homes.47
The State government has also not
taken measures for extension of scheduled
INDIA HUMAN RIGHTS REPORT 2005
areas in many tribal villages. The State
government notified 5,400 villages as
scheduled area but 796 villages were left
out though all the residents were tribals.
The State government has so far refused to
verify their claims for inclusion into the
scheduled areas.48
VI. Violence against women
Women face societal violence as well
as the atrocities perpetrated by the security
forces.
Three tribal girls of Botakupallythanda
village in Veldurthi mandal of Guntur
district were reportedly raped by five
constables in the hillocks of the village
during a combing operation on 26
September 2003. The three girls identified
the alleged five rapists during a test
identification parade condcuted by the
State Human Rights Committee in
Hyderabad on 14 June 2004.49
On 28 June 2004, Smt. Gangavalli
Pushpakumari of Pullalacheruvu village in
Prakasam district committed suicide by
setting herself ablaze after being raped by
Sub Inspector Rameshbabu on 27 June
2004.50
VII. Atrocities by the armed
opposition groups
The Peoples War Group, also known
as the Naxalites, have also been
responsible for executions of political
opponents, alleged police informers and
socalled class enemies in violation of the
Common Article 3 of the Geneva
Conventions. The members of both the
Andhra Pradesh
Telegu Desam Party and Congress Party
were specifically targeted.51
On 14 January 2004, N Venkateswarlu
of Tuthikonda village of Guntur district, a
Congress leader and member of the Zilla
Parishad Territorial Constituency was shot
dead by alleged PWGs suspecting him to
be a police informer.52
On 5 February 2004, alleged PWG
cadres gunned down P Mallayya, a
landlord and Mandal level TDP leader at
Naramalapadu village in Guntur district.
They also set fire to a tractor and a
motorcycle found in the premises of his
house. Thereafter, they broke the legs of P
Pullayya, a washer man, with sticks and
iron rods suspecting him to be a police
informer.53
On the night of 11 February 2004,
alleged Naxals gunned down three persons
including a TDP leader Allu Venkateswara
Reddy Cherlopalli village in Karkapuram
division of Prakasam district.54
On 13 February 2004, a senior leader
of the Telugu Desam Party in Rangareddy
district, K. Kishanji, was allegedly shot
dead by suspected PWG when he went to
his native village, Rayapolu, to mobilise
people for the party’s `flag festival’ at
Ibrahimpatnam.55
On 12 February 2004, the People’s
War Group (PWG) Naxalites allegedly
shot dead a TDP leader in Ranga Reddy
district and blasted the Mandal Parishad
office in Anantapur district.56
On 21 February 2004, alleged PWG
cadres gunned down Vasudeva Reddy and
Ramawath Chandru at Devarakonda
9
INDIA HUMAN RIGHTS REPORT 2005
Mandal in Nalgonda district accusing
them of being police informer.57
On 7 March 2004, alleged PWG
cadres shot dead a Telugu Desam Party
leader, Yenugu Malla Reddy on the
outskirts of Baswapuram in Bhongir
Mandal, suspecting him to be a police
informer.58
On 18 March 2004, alleged Naxals
shot dead M Venkat Raju, husband of
Tribal Welfare Minister M Manikumari,
when he alighted from his car for a cup of
tea at a roadside hotel at Paderu in
Visakhapatnam district. Raju, the
Madugula Mandal TDP president, was
allegedly on the Naxal hit list.59
On 27 March 2004, alleged PWG
Naxalites shot dead Puttapka Komrelli, a
TDP Mandal level leader, who was the
husband of a woman sarpanch, at
Ansanpally village in Malhar Mandal. The
Naxals waylaid Komrelli while he was
proceeding to Manthani on his bike and
fired 12 rounds killing him on the spot.60
On 13 April 2004, alleged PWG
Naxalites shot dead TDP leader and vice-
president of Telakapally Mandal Parishad
Sugunakar Rao at his house.61
On 1 May 2004, a former Naxalite
named Venkatadri alias Murali of
Sakibanda village was gunned down by
allged PWG cadres in the hillocks situated
near Sakibanda panchayat in
Chinnamandem in Cuddapah District.62
On the afternoon of 6 May 2004, two
alleged Naxalites came to the house of
MTPC Member Palthi Rajarao in Palthi
Thanda, near Parvedula village limits
10
Andhra Pradesh
under Peddavura mandal of Nalgonda
district and took him out on the pretext of
talking with him. He was shot on the
temple and chest at point blank range,
killing him on the spot. 63
On 14 May 2004, alleged Naxalites
shot dead an ex-sarpanch and mandal
Telugu Desam party activist, B.
Subramanyam Reddy, in Bodevandlapalle
village under Piler police limits in Chittoor
district.64
VIII. Special Focus: Starvation
deaths of the farmers
More than 1,381 farmers have
reportedly committed suicide65 between
1998 and 2004 according to official
figures. Unofficial sources put the deaths
at over 3,000.66 Within a fortnight after
Congress took over on 14 May 2004, more
than 100 farmers committed suicide.67 In
the first 200 days, there were reports of
death of more than 2,00 farmers through
suicide and starvation.68
In May 2003, National Human Rights
Commission had made specific
recommendations to address the farmers’
plight. But little measures were taken to
implement them. On 7 May 2004, the
National Human Rights Commission’s
Special Rapporteur reportedly visited the
Jogaiahpalli village of Thimmapur
mandal under Karimnagar district to
investigate the reported starvation death
of a villager, Mamidi Ambadas.69 Taking
suo moto cognizance of newspaper
reports about fresh cases of suicides by
debt-ridden farmers in the state, including
INDIA HUMAN RIGHTS REPORT 2005
women, the National Human Rights
Commission on 31 May 2004 reportedly
asked Chief Secretary, Andhra Pradesh
government, to submit a report within
four weeks. The Andhra Pradesh
government reportedly failed to respond
to the recommendations of the NHRC
despite several reminders.70
On 12 July 2004, Andhra Pradesh
government announced a judicial inquiry
Andhra Pradesh
into farmers’ suicides in the state since
1998 to look into the total number of farm-
related suicides and establish the reasons
behind them.71
On 10 November 2004, Andhra
Pradesh Government declared that it
would distribute one lakh acres of lands
among the poor.72 However, farmers
continued to commit suicide. ■
11
INDIA HUMAN RIGHTS REPORT 2005 Andhra Pradesh

12
C h a p t e r
2
Arunachal Pradesh

I. Overview

A
fter dissolution of the State Assembly on 6 July 2004
following the downsizing of the Ministry pursuant to the
Anti-Defection Act, the Congress Party won the Arunachal
Pradesh State Assembly elections held in October 2004.
For the first time, an estimated 1,497 Chakma and Hajong
citizens exercised the right to franchise in May 2004 parliamentary
general elections and October 2004 assembly elections on the
directions of the Election Commission of India. However, more than
20,000 Chakma and Hajong eligible voters were not included into
INDIA HUMAN RIGHTS REPORT 2005
the electoral rolls. More than 10,000
Chakmas and Hajongs migrants have also
not been granted Indian citizenship. About
4,000 Chakmas had submitted their
applications to the Ministry of Home
Affairs, Government of India in 1997
pursuant to the Supreme Court judgement
but not a single application has so far been
processed.
Serious human rights violations
against the Chakmas and Hajongs
remained the main concern in Arunachal
Pradesh. Following the murder of a local
public leader, Innaolaong Singpho
allegedly by some miscreants in December
2004, the All Arunachal Pradesh Students
Union turned the murder into a communal
issue1 and unleashed fresh atrocities
against the Chakmas and Hajongs. One
Hajong was killed, dozens were injured
and 33 Chakma houses were torched. The
entry of the Chakma and Hajong students
at Innao Secondary School in Changlang
district was temporarily banned. On 10
December 2004, underground National
Liberation Front of Arunachal (NLFA)
headed by K H Tara served quit notice to
the Chakmas and Hajongs to leave
Arunachal Pradesh within two months.2
Although, NLFA has not been
relatively active, armed opposition groups
from neighbouring Assam and Nagaland
reportedly maintained their presence
especially in the Changlang district in the
State. Many innocent persons have been
victims of atrocities perpetrated both by
the armed opposition groups from outside
of Arunachal Pradesh and the security
14
Arunachal Pradesh
forces.3 On 16 November 2004, the army
personnel posted in Tikhak Putak village
under Changlang district were attacked.
Three persons were killed and seven were
injured. The army subsequently launched
combing operations.4 On 13 December
2004, the Assam Rifles personnel
reportedly shot dead one Tana Profulla, a
civilian, while entering a jungle along with
three of his friends.5
II. Discrimination against the
Chakmas and Hajongs
About 35,000 Chakmas and Hajongs
migrants from erstwhile East Pakistan
(now Bangladesh) were settled in
Arunachal Pradesh in 1964. Although, all
other migrants who came from erstwhile
Undivided India were accorded Indian
citizenship, the Chakmas and Hajongs of
Arunachal Pradesh have not been granted
the same.
In the mid 1990s, the All Arunachal
Pradesh Students Union and the State
Government of Arunachal Pradesh
perpetrated serious violations of human
rights to forcibly evict the Chakmas and
Hajongs. The Committee for Citizenship
Rights of the Chakmas of Arunachal
Pradesh approached the National Human
Rights Commission (NHRC) to seek
protection and security. In October 1995,
NHRC approached the Supreme Court as
the State government of Arunachal
Pradesh refused to comply with its
directions for protection of the lives,
liberties and properties of the Chakmas
and Hajongs. The Supreme Court in its
INDIA HUMAN RIGHTS REPORT 2005
judgement on 9 January 1996 in the case
of NHRC vs. State of Arunachal Pradesh
and Anr (C.W.P. No. 720 of 1995), among
others, directed the Central Government
and the State government of Arunachal
Pradesh to process the citizenship
applications of those Chakmas and
Hajongs who had migrated in 1964,
protect their lives and liberties and not to
evict them without following due process
of law. After eight years, not a single
citizenship application has been processed.
On 2 January 2004, Election
Commission of India suspended all
electoral activities in four Chakma and
Hajong inhabited Assembly
Constituencies of Doimukh, Chowkham,
Bordumsa Diyun and Miao for non-
inclusion of the Chakmas and Hajongs,
who are citizens by birth, into the electoral
rolls. The Election Commission in its
order of 31 March 2003 and 24 April 2004
had ordered for special revision of
electoral rolls in these four Assembly
Constituencies pursuant to the judgements
of the Supreme Court and Delhi High
Court. The Election Commission had
earlier deputed independent observers
during the revision of electoral rolls from
April to May 2003. However, the Electoral
Registration Officers rejected the
applications of the Chakmas and Hajongs
on frivolous grounds. Out of a total of
11,360 claimants only 1497 claimants i.e.
13.19% were accepted and enrolled. These
1497 claimants were later arbitrarily
deleted through a notification on 26 June
2003 pursuant to the decision of the
Arunachal Pradesh
cabinet of state government of Arunachal
Pradesh of 14 May 2003 that their
inclusion violates the Bengal Frontier
Regulation, 1873 or Inner Line
Regulation. However, the Election
Commission of India held that “the
preparation and revision of electoral rolls
was a constitutional duty conferred on the
Commission by Article 324 (1) of the
Constitution and the preparation and
revision of electoral rolls were governed
by the provisions of the Constitution and
the Acts and the rules relating thereto and
that the State cabinet resolution dated 14-
05-2003 in so far as it related to the
preparation and revision of electoral rolls
was not in consonance with the provisions
of the constitution and acts and rules
governing the matter”.6
The Election Commission of India in
its order (No.23/ARUN/2003) of 3 March
2004 held that “the names of the
aforesaid eligible Chakmas in the State of
Arunachal Pradesh have not been
included in the electoral rolls mainly for
the reason that they belong to the Chakma
tribe/race, which is violative of the
Constitutional mandate of Article 325”
and ordered the inclusion of 1497 voters
into the electoral rolls.7
Subsequently, 1497 the Chakmas and
Hajongs who are citizens by birth were
able to exercise the right to franchise in the
parliamentary elections in May 20048 and
the State Assembly elections in October
2004 pursuant to the directions of the
Election Commission of India.
The Chakmas and Hajongs continued
15
INDIA HUMAN RIGHTS REPORT 2005
to face racial discrimination from the State
government. The State government also
continued to remain a mute witness and
sometimes, encouraged the activists of All
Arunachal Pradesh Students Union
(AAPSU) to take law into their hands.
On 4 June 2004 the forest officials
from Diyun Forest Range and the police
personnel forcibly evicted the 25 Chakma
families from their homes at Madakka
Nallah9 (Sokna Nallah) village under
Diyun Circle in Changlang district. This
was despite the fact that various
departments of the State government had
recognized the village and approved
projects to provide electricity connections
and water supply. The police personnel
demolished the houses with elephants and
damaged the crops. Villagers including
children were reportedly beaten up and 3
women, namely, Smt Ananda Lata
Chakma (29), who was 16 weeks
pregnant, Smt. Biresh Pudi Chakma and
Smt. Lakhi Pudi sustained injuries by the
beating by police. All three had to be
rushed to Tinsukia in Assam for urgent
medical attention. In its reply to a
complaint of Asian Centre for Human
Rights before the National Human Rights
Commission, State Home Secretary
replied that since the victim “was still
pregnant, and there was no abortion”,
there was basically no torture but only
scuffle.
Following the abduction and
subsequent murder of Innaolaong Singpho,
a Zila Parishad Member, allegedly by
miscreants belonging to Chakma
16
Arunachal Pradesh
community on 3 December 2004, the
AAPSU turned the murder into a
communal issue10 and unleashed fresh
atrocities. One Madan Hajong was killed,
dozens were injured and 33 Chakma houses
were torched by AAPSU led activists.
At about 8 p.m. on the night of 6
December 2004, a group of about 25 locals
from Dirak Pathar under Bordumsa Circle
in Changlang district led by AAPSU
activists burnt down 15 Chakma houses at
Beghenabari village. Many Chakmas were
beaten up. One Lakkhan Chakma
sustained multiple deep wounds.
On 7 December 2004, Bolanath
Chakma and Kemcha Chakma from
Maitripur village were attacked by
AAPSU activists while returning after
selling chilies at Bardumsa bazaar. They
were tortured till they became senseless.
Presuming that the victims were dead, the
AAPSU activists put their bodies into the
sacks, which the victims had used for
carrying the chilies, and dumped into a
drain. After couple of hours, the victims
regained their consciousness and managed
to reach home.
On 9 December 2004, the AAPSU
activists reportedly set ablaze 18 houses of
Chakma tribal families at Dhumpathar
village under Diyun Circle. The AAPSU
activists also robbed the residents of their
cash and valuables and took away their
domestic livestocks like goats, pigs and
chickens. The Indian Reserve Battalion
personnel reportedly assisted the AAPSU
activists.11
At about 4 p.m. on 12 December 2004,
INDIA HUMAN RIGHTS REPORT 2005
the AAPSU activists at Tengapani area in
Lohit district attacked Anil Mohan Chakma
and Chinta Moni Chakma of Rajnagar
village under Diyun Circle. While Anil
Mohan Chakma sustained multiple wounds
after being chopped, Chinta Moni Chakma
sustained deep wounds on his thighs.
At about 1.30 p.m. on 13 December
2004, a group AAPSU activists reportedly
attacked the ONGC labourers camping at
Namchai Sub-divisional headquarter to
find out whether any Chakma or Hajong
were employed. After finding Madan
Hajong, the AAPSU activists took him to a
Miri Village, Jaipur and murdered him.
His right hand was chopped off at the
elbow joint.12
There has also ban on admission of
Chakma and Hajong students at the
Government Higher Secondary School
and Government Primary Schools at Miao,
Government Higher Secondary School,
Bordumsa in Changlang district and
Government Higher Secondary School at
Arunachal Pradesh
Namsai in Lohit district. The State
government had withdrawn many middle
and primary schools and 49 pre-primary
Anganwadi Centers since 1994. About 147
Angwadi workers, mainly women, became
jobless.13
The Chakmas and Hajongs have also
been deprived of basic amenities.14 All
items under the Public Distribution
System were withdrawn in 1994 although
the Chakmas and Hajongs, deprived of all
rights, have been suffering from extreme
poverty.15 About 14 Chakma villages
under Miao Sub-Division and Bordumsa
Circle have no health care facility.
As many as 1,811 families comprising
12,351 persons in 14 villages under Diyun
Circle in Changlang district and
Chowkham Circle in Lohit district of
Arunachal Pradesh were displaced by
floods in June-July 2004.16 With no aid
from the State government, poverty
engulfed the victims of state sponsored
racial discrimination in India. ■
17
INDIA HUMAN RIGHTS REPORT 2005 Arunachal Pradesh

18
C h a p t e r
3
Assam

I. Overview

R
uled by the Congress Party, State of Assam continued to be
afflicted by internal armed conflicts and widespread human
rights violations both by the security forces and the armed
opposition groups (AOGs). On 25 January 2004, Chief Minister
Tarun Gogoi stated that Congress led State Government brought an
end to the incidents of secret killing of the relatives of the leaders of
the AOGs especially the United Liberation Front of Assam and
National Democratic Front of Bodoland.1 About 121 companies of
Central para-military forces who operate under the Armed Forces
INDIA HUMAN RIGHTS REPORT 2005
Special Powers Act of 1958 are deployed
in Assam. After a series of bomb
explosions by the armed opposition groups
in October 2004, Assam decided to recruit
additional 6,000 policemen, two battalions
of Armed Police, 4,000 Home Guards and
5,000 Village Defence Party personnel.2
The key armed opposition groups
active in the State are the United
Liberation Front of Assam (ULFA),
United People’s Democratic Solidarity
(UPDS, anti-talk and pro-talk factions),
Kuki Revolutionary Army (KRA), Hmar
People’s Convention (HPC), Dima Halam
Daogah (DHD) and National Socialist
Council of Nagaland (Issac-Muivah and
Kaplang factions), Karbi National
Volunteer (KNV), National Democratic
Front of Bodoland (NDFB) and Adivasi
Cobra Militants of Assam. In 2004, a new
Karbi armed group, Karbi Anglong
National Liberation Front (KLNLF)
surfaced in the Karbi Anglong district.3
The Central government and the State
government of Assam continued peace
efforts with many armed opposition
groups in the state. Pursuant to an
agreement signed in December 2003,
about 1,000 out of 2,600 surrendered
members of the Bodoland Liberation
Tigers (BLT) were to be recruited in the
Border Security Force, Central Reserve
Police Force and the Assam Rifles.4
The Dima Halam Daoga (DHD) has
been holding talks with the Union Home
Ministry.5 The cease-fire agreement with
Adivasi Cobra Militants of Assam
continued.6 Several rounds of tripartite
20
Assam
talks were held amongst the UPDS (pro-
talk) and Central and State government
representatives. Although the NDFB
announced unilateral cease-fire on 8
October 2004 to be effective from 15
October 2004, talks with NDFB as well as
ULFA failed to take off.
The security forces have been
responsible for gross human rights
violations including torture, rape and
arbitrary, summary and extrajudicial
executions. Though Assam State Human
Rights Commission awarded interim
compensation of Rs 50,000 to the next of
kin of ULFA cadre Ananta Roy who was
killed in police custody on 22 October
1999 there was little information about
prosecution of the culprits.7 Most human
rights violations by both the State and
Central security forces went unpunished.
The massacre of 17 innocent children
at Dhemaji district by the ULFA on 15
August 2004 demonstrated flagrant
violations of international humanitarian
law standards by the armed opposition
groups in the state.8 The alleged armed
groups subsequently killed 49 people in
the first week of October 2004, followed
by further killings from 13 to 17 December
2004. The combined violence of all armed
groups in 2003-2004 has reportedly
declined by 24 per cent in terms of
incidents (from 388 to 295) but the killings
have increased by 44 per cent (177 to 255)
as compared to 2002-2003.9
Assam continued to be plagued by
ethnic conflicts especially in Karbi
Anglong areas causing heavy loss of lives
INDIA HUMAN RIGHTS REPORT 2005
and displacement. About 1,25,000 persons
belonging to 23,742 families who were
displaced in Bodoland areas in 1996-1998
were yet to be rehabilitated.
Women became victims of serious
human rights violations especially in
insurgency-affected areas. The security
forces targeted women for sexual violence.
Although in the rarest of the rare cases of
its kind, Havildar Satish Kumar and
Rifleman Rajinder Kumar were court
martialled and sentenced to 10 years’
imprisonment in August 2004 for raping
an Adivasi woman in Kokrajhar district on
the intervening night of 29 and 30 June
2004, most violence against women went
unpunished.10
The budget of the Assam State Human
Rights Commission (ASHRC), the body
established by the State government to
monitor human rights situation, was
slashed by 2 lakhs for the year 2004-2005.
The State government sanctioned Rs 20
lakh against the demand for 1 crore which
forced the Assam State Human Rights
Commission to cancel investigations into
the complaints.
II. Atrocities by security forces
i. Arbitrary, summary and extrajudicial
executions
The arbitrary deprivation of the right
to life in the custody of the police, para-
military and armed forces and jail
authorities was widely reported from the
State. The victims include undertrials,
innocent people and suspected and
Assam
captured members of the armed opposition
groups. They were killed to extract
confession of crimes or information
pertaining to the armed opposition groups
and sometimes simply in retaliation
against the attacks by the armed
opposition groups on the security forces.
According to the Assam State Human
Rights Commission, as many as 240
custodial deaths have been reported in
Assam as on 31 December 2003. In 2001-
2002, 30 persons died in custody, of which
10 were in police custody and 20 in
judicial custody.11 The National Human
Rights Commission registered 33
custodial deaths in Assam in 1999-2000,
22 custodial deaths in 2000-2001 and 30
custodial deaths in 2001-2002. The
number of deaths in police custody
remained high with 11 deaths each in
1999-2000 and 2000-2001, 10 deaths in
2001-2002 and 15 deaths in 2002-2003.12
Death in the custody of armed forces
The central armed forces deployed in
Assam for counter insurgency operations
were responsible for arbitrary violations of
the right to life.
On 7 March 2004, troops of the
62nd Field Regiment allegedly picked
up two youths, Pratul Daimary, 22 year-
old 2nd year Degree student of
Dhekiajuli College and Putul Daimary,
28-year old tea-shop owner from
Naoherua village under Majbat police
station in Darrang district of Assam. A
couple days after they were picked up,
their dead bodies were handed over to
21
INDIA HUMAN RIGHTS REPORT 2005
Paneri police station. The army
personnel filed an FIR at Paneri police
station (Case No. 21/04 Under Section
353/307/34 IPC read with Section 25 (I)
(A)/27 of the Arms Act) claiming that
the youths, suspected to be NDFB
militants, were taken to Lakhimala near
the Indo-Bhutan border to unearth some
hidden weapons and they were killed in
retaliatory action of the army when the
youths fired upon them.13
On 30 April 2004, troops of 2
Mountain Division allegedly entered the
rented house of the Pranab Gogoi at
Bordoloi Nagar area of Tinsukia town and
shot him dead. The Tinsukia district
administration reportedly ordered a
magisterial inquiry to probe the cause and
circumstances of the death of Pranab
Gogoi.14
On 13 September 2004, CRPF
personnel stationed at Merapani area on
Nagaland-Assam border in Wokha district
reportedly shot at two Naga youths riding
a motorbike after the duo allegedly defied
their instructions to stop. One of the youth,
Khandemo Kiran was killed while the
other, Lilamo Lotha, was seriously injured.
The people of Merapani and Bhandari in
Wokha district insisted that the CRPF men
fired upon the duo without any
provocation.15
On 20 November 2004, the army
personnel allegedly killed one Bikash
Baruah, an Ulfa cadre in Goalpara district
of Assam after arresting him. The army
personnel did not handover the dead body
to the parents. The family members were
22
Assam
informed only after cremation conducted
without the knowledge of the family.16
On 26 November 2004, Birbol
Narzary, a farmer of Janaguri under
Gossaigaon police station of Kokrajhar
district was killed by troops of the 11th
Jammu and Kashmir Light Infantry
stationed at Soraibil. The army personnel
claimed that Narzary was a hard-core
NDFB militant. However, locals alleged
that it was a pre-planed murder. Hundreds
of people from across the district protested
against the killing on 28 November 2004.17
The family members lodged an FIR at the
Gossaigaon police station vide case No
180/2004 on 27 November 2004 and the
State government of Assam reportedly
ordered an inquiry on 1 December 2004
into the killing.18
On 30 November 2004, a 35-year-old
mother of four, Kunju Mushahary was
killed and her husband was seriously
injured when troops of the Gorkha
Regiment stationed at Runikhata in
Chirang district of Assam allegedly fired
at their house at Samodwisa village under
Basugaon police station. The army
personnel claimed that Mushahary was
caught in the crossfire when a patrol team
was engaged in a gunfight with the
members of the armed opposition groups.19
However, eyewitnesses including Kunju’s
eldest daughter, 12-year-old Sapna
Mushahary stated that on hearing gunshots
and the cries of their parents, she rushed
outside but was forced back indoor by the
troops. When her younger brother
Mithikhang Mushahary rushed and
INDIA HUMAN RIGHTS REPORT 2005
embraced his father, the army personnel
allegedly kicked him in the face. Nobody
was allowed to go to the site of the killing
even 5 hours after the incident. The army
personnel also allegedly forced the
villagers to sign or give thumb
impressions on a piece of paper. On 1
December 2004, the State Government of
Assam ordered an inquiry into the
incident.20
Death in police custody
Assam Police personnel were also
responsible for arbitrary deprivation of life
in their custody as well as through the use
of disproportionate force.
On 17 February 2004, Sushil Chetia of
Gowalchapori was allegedly shot dead by
a personal security guard of the session
judge of Dhemaji district while returning
to his village because of personal enmity.21
On 12 March 2004, Assam Police
personnel opened fire on the
demonstrators in Badarpur area and killed
one Tajuddin. The demonstrators were
protesting against deteriorating law and
order situation.22 The Assam Government
constituted a one-man inquiry committee
headed by T Phukan, district and session
judge, Karimganj to probe the incident.23
On 4 April 2004, 14-year-old detainee
Bhupen Singh Terang died at Guwahati
Medical College Hospital while under the
police custody of Diphu, Karbi Anglong.
Terang, a class IX student and an orphan
was arrested on 21 March 2004 on charges
of having links with the anti-talk faction of
the UPDS.24
Assam
On 6 August 2004, Satish Raheja and
Ruby Raheja were killed by police
personnel of Bogoribari police station on
the NH-31 under Dhubri district. The two
allegedly ignored police signals to stop
their vehicle at Chagolia police outpost.25
On 20 August 2004, Rajeswar Hokai
was found dead at the Ulukunchi Police
outpost under Baithalangsu police station
in Karbi Anglong district after being
arrested for his suspected ULFA links.26
On 20 August 2004, two Tiwas were
killed after police opened fire on
demonstrators who were protesting against
the custodial death of a suspected thief in
Baithalanshu police station in Karbi
Anglong district.27
Mohammed Irdis, an inmate of the
Nagaon district jail arrested in connection
with a murder case in Puthimari under
Juria police station limits of Nagaon
district reportedly died in judicial custody
in April 2004.28
ii. Arbitrary arrest, detention and torture
The arbitrary arrest, detention, torture
and other abuses during cordon and search
operations are routine in Assam. The
victims are taken into custody without any
arrest memo or warrant. They are held in
illegal detentions without being produced
before the courts. They are tortured for
alleged links with the armed groups, to
extract information about the movement of
the armed groups and sometimes simply
for protesting the highhandedness of the
security personnel or inability to pay
bribes.
23
INDIA HUMAN RIGHTS REPORT 2005
On 5 February 2004, about 10,000
people from Kakapathar area under
Tinsukia district blocked the NH-52 to
protest against army atrocities during
cordon and search operations.29 A month
later, on 5 March 2004, civil society and
community organizations of Batabari,
Dowamakha, Nalkhamra, Komoramakha
under Udalguri police station in Darrang
district staged a four-hour long sit-in-
demonstration to protest against the army
atrocities in those villages since January
2004. Villagers were allegedly picked up
and tortured by the army jawans of Punjab
Artillery regiment stationed at Harisinga.
The villagers were accused of harbouring
the armed opposition groups like
supplying foodstuff and involvement in
the antisocial activities.30
On 25 February 2004, Sanjay
Jaisowal, a businessman from Udalgiri
police station was mercilessly tortured by
the Army jawans on charges of his alleged
links with the armed opposition groups.
On 7 January 2004, another petty
businessman Dayaram Jaisowal from
Udalgiri police station was inhumanly
tortured by the army.31
On 29 February 2004, Bhupen Rabha
of Amjuli village under Udalgiri police
station was allegedly picked up and
subjected to inhumane torture at the
Harisingia army camp. The villagers of
Amjuli also filed a case at Mangaldai
court.32
On 4 April 2004, the army personnel
allegedly detained Kharpathu Chauhan,
President of All Assam Bhojpuri Yuba
24
Assam
Chatra Parisad, Karbi Anglong for more
than 40 hours at Mailoo in Karbi Anglong
district. On 6 April 2004, the army
personnel reportedly picked up Gautam
Muni Chauhan from his Bogrighat
residence in Karbi Anglong and inflicted
physical punishment. The army also beat
up twelve other persons, who were present
at Gautam Chauhan’s residence when he
was being taken away.33
On 19 May 2004, President
Manoranjan Kalita, General Secretary
Iqbal Hussain and Assistant General
Secretary Romen Rajbongshi of
Dhamdhama unit of the All Assam
Students Union were arbitrarily arrested
and tortured by the Army jawans at the
Barama camp. They were reportedly
stripped and given electric shocks.34 On 26
May 2004, the Assam State Human Rights
Commission directed the Nalbari district
authorities to inquire into the allegations.35
III. Violence against women
Women in rural Assam have been
target of sexual violence by the central
security forces and the State police. They
were molested, physically assaulted and
raped.
Five Bodo women, including a 60-
year-old, were allegedly gang raped by
jawans of the Kumaon Regiment at
Ultapani village under Bismuri police
outpost in Kokrajhar district during the
intervening night of 31 December 2003
and 1 January 2004. During a night raid in
the village, the jawans barged into the
houses in groups of two or three and raped
INDIA HUMAN RIGHTS REPORT 2005
the women. The petrified villagers filed an
FIR at Bismuri outpost. The victims were
sent for medical examination to the R.N.
Brahma civil hospital, Kokrajhar.36
The Assam State Human Rights
Commission directed the Inspector
General of Police report on the alleged
rape of two Karbi women, Basa Lekthapi
and Terangpi from Chapong Khorsing Kro
village under Loringthepi police outpost in
Karbi Anglong at Howraghat police
station in February 2004.37
On the night of 10 March 2004, troops
of the Gorkha Regiment molested seven
women - Mulasi Basumatary, Minati
Daimary, Dable Basumatary, Hapang
Basumatary, Damanti Basumatary,
Subashi Narzary and Dukushree
Basumatary from Saraguri village under
Runikhata border out-post of Kokrajhar
district. An FIR vide case No-17/2004 US
448/354/34 IPC was lodged at Basugaon
police station on 15 March 2004.38
The soldiers of the 11th Jammu and
Kashmir Light Infantry regiment stationed
at Habrubil in Gossaigaon allegedly raped
an Adivasi woman at gunpoint inside her
residence in the presence of her husband,
at Padmapukri under Gossaigaon police
station in Kokrajhar district during the
intervening night of 29 and 30 June 2004.
The jawans, who came to Padmapukari
railway station to receive several
colleagues returning from leave, allegedly
crossed over to the village adjoining the
railway station and committed the crime.
Medical examination of the victim
subsequently confirmed the rape.39 The
Assam
accused army jawans- Havildar Satish
Kumar and rifleman Rajinder Kumar-were
reportedly court martialled and sentenced
to 10 years’ imprisonment.40
On 3 July 2004, four soldiers of the
236th Inland Water Transport Regiment
identified as Harjeet Singh, Baljit Singh,
Hardeep Singh and Pushpinder Singh were
arrested by the Assam Police for molesting
2 girls at a restaurant under Thana Chariali
in Dibrugarh town.41
In June 2004, Rahima Begum, a 17-
year-old girl from Bokel village near
Lahowal in Dibrugarh district was
allegedly tortured by the officer-in-charge
of Lahowal police station after implicating
her in a false case of theft. She reportedly
bore wounds of torture on her thighs, legs,
hands and back. A student of Class X at St
Mary’s Sishu Bikash Kendra, she was
picked up from her residence on 2 June
2004 on suspicion of being involved in a
case of theft of valuables at the bungalow
of a tea estate manager where her brother
and father were employed. Rahima’s
brother, Salim Ahmed, was arrested along
with another woman, Lily Begum, for
their alleged involvement in the theft.
Rahima alleged that the officer-in-charge
handcuffed and tortured her for almost
three hours at a stretch. Lily Begum, who
was in the same lock-up, corroborated the
accusations saying that the police officer
asked her to hold Rahima’s legs while he
stripped and physically abused her.
Rahima also alleged that while she was
being freed on bail on 23 June 2004, the
police officer allegedly threatened to shoot
25
INDIA HUMAN RIGHTS REPORT 2005
her if she disclosed her ordeal to anyone.
The officer also allegedly offered her Rs
10,000 to keep silent.42
IV. Impunity
Impunity reigns in Assam. On 26
March 2004, the single-judge bench of
Justice B.K. Sharma of Guwahati High
Court asked the Defence Ministry to pay
Rs 1 lakh as compensation to a housewife
who was raped by two army jawans 313
Field Regiment during a counter-
insurgency operation in Nalbari district on
16 June 1998.43 But little reference was
made with regard to the prosecution of the
culprits.
On 13 July 2004, Assam State Human
Rights Commission awarded interim
compensation of Rs 50,000 to the next of
kin of ULFA cadre Ananta Roy who was
killed in custody after being arrested on 22
October 1999. The Commission also
recommended to the State Government to
prosecute the guilty police personnel,44 but
there is little information about the
prosecution.
Often the punishment for arbitrary
killings is the transfer to police lines or at
best suspension. In October 2004, the
National Human Rights Commission
directed the Assam Government to
comply with its recommendation of
payment of interim relief of Rs 1 lakh
each to the next of kin of three persons
who died in a firing incident on 3
November 2002 in front of the Langkhasi
Police outpost of Tinsukia district. The
magisterial inquiry submitted clearly
26
Assam
showed that the entire incident took place
because of lack of command and control
and an irresponsible behaviour of the
Sub-inspector of Langkhasi police station
to tackle a simple law and order situation.
Though the Sub-Inspector was placed
under suspension, no information
regarding the prosecution of the culprits
was given.45
On 4 November 2003, the Assam
government appointed Justice (Retd) J N
Sharma to investigate 11 cases of alleged
secret killings of the relatives of the
members of armed opposition groups in
different parts of Assam during the
previous Assam Gano Parishad
government’s tenure. Earlier, Justice
(Retd) Meera Sharma resigned in 2003 and
Justice Sharma restarted the inquiry. On 23
February 2004, the Commission issued a
notice requesting memoranda to be
submitted before the Commission’s office
at Kumarpara.46 By the end of September
2004, the Commission was still recording
the statements of the witnesses, relatives
of the victims and concerned police
officers.47
V. Ethnic conflicts
Assam was plagued by unprecedented
ethnic conflicts especially in Karbi
Anglong district. While the control over
land, resources and establishment of
homeland based on ethnicity are some of
the root causes; the clear involvement of
both State and non-State actors had
exacerbated the conflicts leading to loss of
lives and internal displacement.
INDIA HUMAN RIGHTS REPORT 2005
i. Kuki-Karbi conflict
The ethnic conflict between the Kukis
and Karbis that started in 2003 continued
till mid 2004. Both the United People’s
Democratic Solidarity (anti-talk faction)
and Kuki Revolutionary Army were
involved in the killings of people from
both the communities.48 The Karbi and
Kuki civil society groups and community
organisations questioned each other’s role
but reiterated the refrain about the State
government’s apathy to the conflict. The
National Socialist Council of Nagalim
(Isak-Muivah) reportedly mediated to
bring peace between the warring KRA and
the anti-talk faction of the UPDS.49
On 18 January 2004, members of a
Karbi armed opposition group swooped on
the Basamili village in the Singhasan Hill
area under Karbi Anglong district at
around 9 a.m. and started firing
indiscriminately killing Kimnoy Singson,
Ngahneichisong Langthin and Konnen
Singson on the spot and injuring K
Singson, P Langthin and T Singson
belonging to the Kuki community. They
also set ablaze around 14 houses.50 On 19
March 2004, 4 Kuki villagers including a
woman were gunned down and 10 houses
were torched at Hong Bong village in
Karbi Anglong district.51
On 24 March 2004, suspected
members of the Kuki armed opposition
groups in Karbi Anglong district allegedly
massacred twenty-eight Karbi villagers.
The rebels raided the Woden Tisso village,
dragged villagers out of their houses, lined
them up and fired indiscriminately. Two
Assam
other villages of Sarpo Terang and Sarke
Engleng were attacked and 22 Karbis were
mowed down in these three villages. The
rebels then attacked Jarigaon Terang
village under Manja police outpost at
around 12 noon killing six Karbis.52 More
than 50 houses were burnt down.53
On 27 March 2004, Kuki armed groups
attacked the three Karbi villages of Arleng
Fara, Bohakandoi and Ranghanlam in
Deopani area under Bokajan police station
and burnt down about 50 houses. Patar
Kachari, Chandra Bahadur, Raju William
and Joyram Kathar were killed in the
attacks. Three other persons- Lindok Ingty,
Kem Lekthe and Manik Lekthe were
seriously injured.54
The ethnic conflict refused to die. In
the early morning of 4 July 2004, armed
groups opened fire at the Kuki village
Deigrun Teron in upper Deopani area
under Bokajan police station in Karbi
Anglong district killing Jiten Teron and
injuring his father Borsing Teron, brother
Rocky Teron and a neighbour, Ranjit
Ingtik.55
ii. Dimasa-Khasi conflict
In March 2004, about 70 Khasi
families living in the border areas of Cachar
district were displaced following the
murder of Thomas Tariang, headman of
Khasi-dominated Boro Damcherra village
near the Cachar-North Cachar border area
on 11 March 2004. Tariang was also
Secretary of the Village Defence Party.56
In August 2004, Assam State Human
Rights Commission intervened into the
27
INDIA HUMAN RIGHTS REPORT 2005
alleged “systematic rape of tribal women
and assault on tribal village chiefs,
particularly of the Khasi-Jaintia tribe of
Maniknagar Tea Estate, and the inaction of
the district administration over the matter
in spite of repeated complaints by the
victims”. The Barak Valley Khasi-Jaintia
Welfare Association in a petition to the
ASHRC alleged that miscreants belonging
to a particular community, had been
“systematically” perpetrating rape on
tribal women with a view to create panic
among the Khasi-Jaintia populace at
Maniknagar Tea Estate. The association
also furnished a list of six victims.57
In the last week of November 2004,
atrocities perpetrated by armed opposition
groups forced at least 200 Khasi families
residing in Cachar Hills to seek shelter in
Meghalaya.58
VI. Internally Displaced Persons
In addition to displacement due to
ethnic conflicts in Karbi Anglong areas,
there were about 1.25 lakh internally
displaced persons belonging to 23,742
families in 130 camps in Dhubri,
Bongaigaon and Kokrajhar districts.
Belonging to Bodo, Adivasi and Rabha
communities, they were displaced after the
Bodo-Adivasi ethnic violence between
1996-1998 in Bodoland areas. The
government is supposed to provide rice as
ration for ten days, drinking water
facilities, primary health and educational
facilities.
The living conditions in the relief
camps have been unhygienic and IDPs
28
Assam
starve for days due to irregular supply of
rations. There have been little educational
or health care facilities.59
The Assam government has not
allotted any land to rehabilitate the IDPs
and it has provided a grant of Rs 10,000
per family for rehabilitation.60 About 9,200
Adivasi families were reportedly
rehabilitated by 2003. On 8 February
2004, Assam Chief Minister Tarun Gogoi
stated that the State Government had
already made arrangement for the
rehabilitation of 18,000 more Adivasi
IDPs.61 After a meeting between the armed
opposition group the Adivasi Cobra
Military of Assam and the Chief Secretary
of Assam on 9 June 2004, the state
government reportedly agreed to release
Rs. 10 crores for rehabilitation of 10,000
IDP families but failed to do so.62 In
October 2004, the government once again
promised to release the same Rs 10 crore
for their rehabilitation based on the
proposal submitted by Health Minister Dr
Bhumidhar Barman as the chairman of the
Cabinet Sub-Committee on rehabilitation
of IDPs.63
About 4,500 Muslim families who
were were evicted from Bengtol,
Durgapur, Patabari, Anandabazar,
Malivita, Jamunaguri, Bhawraguri,
Amteka, Koilamoila and other villages of
both Kokrajhar and Bongaigaon also have
not been rehabilitated. On 5 March 2004,
the government stated that it would
rehabilitate them in Dhubri, Kokrajhar,
Goalpara and Bongaigaon district.64
However, these IDPs later on declined to
INDIA HUMAN RIGHTS REPORT 2005
accept a set of rehabilitation measures on
the ground that the State government did
not fulfill its promise of providing genuine
rehabilitation aid.65
VII. Rights of indigenous peoples
Assam is the land of hundreds of
indigenous peoples who are divided into
two main groups - plain tribes and hill
tribes. Many tribal groups who were
excluded have been demanding for
inclusion in the Scheduled Tribes. On 21
June 2004, the Assam State Government
reportedly decided to constitute a Cabinet
sub-committee to expedite the matter of
giving Scheduled Tribe status to six
communities namely Ahom, Matak,
Moran, Tea tribes, Chutia and Koch
Rajbongshis.66
While addressing the 6th Tiwa
Xahitya Xabha at Amsoi in Nagaon on 1
March 2004, Chief Minister Tarun Gogoi
reportedly stated that all ethnic tribes
would be conferred the 6th schedule
status.67 At the end of the year, no visible
measure was taken.
The State government reportedly
failed to fill up the vacancies reserved for
the indigenous peoples (Scheduled Tribes)
and Scheduled Castes. In the Education
Department, the total number of such
backlog posts in the Secondary Education
section alone was reportedly 5,099.68 There
were about 12,352 vacancies for ST and
SC candidates in 38 government
departments of the State government.69
Land alienation and forced evictions
continued to pose serious problems for the
Assam
indigenous peoples. On 12 May 2004,
Chief Minister Tarun Gogoi reportedly
ordered a probe into the allegation of
handing over of tribal belt land in Dimoria
to non-tribals. Additional Chief Secretary
S Kabilan was asked to conduct the
enquiry. The Chief Minister also ordered
action against the persons responsible for
handing over of tribal land to non-tribals.70
The Assam Government reportedly served
eviction notices to the Dimoria tribals
living in the Kamrup (Metropolitan)
district. Indigenous peoples alleged that
out of the 215 bighas under the occupation
of non-tribal landowners in the Dimoria
tribal belt, the naamjari, title deeds, of 62
bighas, belonging to 12 non-tribal owners,
had been cancelled. But neither the
registration of these 62 bighas was
cancelled nor the non-tribal occupants
were evicted from the land.71 These
allotments to non-tribals violate the
provisions of the amended Chapter-X of
the Assam Land Revenue Regulation,
1886.72
The State Government in violation of
chapter X of the Assam Land Revenue
Regulation, 1886 also included five non-
tribal persons in the eight-member Land
Advisory Board.73
Many indigenous peoples in
Karimganj district living in socalled
reserve forests were also served eviction
notices despite the fact that sub-divisional
level advisory committee in its meeting
proposed to issue periodic patta to the
tribal people who are residing in the forest
villages. These indigenous peoples were
29
INDIA HUMAN RIGHTS REPORT 2005
reportedly allotted 10 bighas of land in the
forest villages by the British government
before independence without giving any
valid document. Though they have been
living in the area for decades, the Forest
Department issued them notice. The
Border Road Task Force also occupied a
hostel-cum-rest house meant for the tribals
at Karimganj constructed by the DRDA.74
VIII. Assam State Human Rights
Commission
The Assam State Human Rights
Commission (ASHRC) established in
1996 has been facing serious financial
crisis affecting its functioning and
investigation in most of the cases. During
2004-2005, the finance department
sanctioned Rs 20 lakh which was Rs 2 lakh
less than the allocation for the previous
fiscal year. The State Human Rights
Commission had requested Rs 1 crore. The
sanctioned money was barely enough to
disburse salaries to the employees of the
organisation. The ASHRC could no longer
investigate the complaints. A single visit
by a team reported costs about Rs 12,000.75
IX. Abuses by the armed
opposition groups
The armed opposition groups have
been responsible for violations of
international humanitarian laws by
indiscriminate killings of civilians,
kidnapping, hostage taking and extortions.
The killings by the AOGs increased by 44
per cent with the killing of 255 persons in
2003-2004 as compared to 177 killings in
30
Assam
2002-2003.76
On 15 August 2004, 17 innocent
school children were massacred in a bomb
blast at Dhemaji district by the ULFA.77
On 17 August 2004, the ULFA reportedly
owned responsibility for the bomb blast.78
On 7 January 2004, suspected
members of the ULFA allegedly shot dead
Mahesh Agarwala at Rajoi under
Lahdoigarh police station in Jorhat
district.79
On 16 March 2004, Kuki armed
groups allegedly shot dead three persons
Suresh Rai, Maya Rai and Lalita Rai of the
Nepali community in Thailung village
under Diphu police station of Karbi-
Anglong district. A group of seven
labourers reportedly went to collect ginger
from a plantation area belonging to the
Kuki community in Longnit. Four of the
group managed to escape.
On 15 April 2004, Master Hawan
Narzary and Majibur Rahman were killed
in a grenade attack by the alleged ULFA
cadres at Ganeshguri, Guwahati. Fourteen
persons including 11-month-baby Richu
Ali were also injured in the attack.80
On 9 June 2004, at least 22 persons
were injured, eight of them critically, when
unidentified armed groups hurled a
grenade inside the Paradise Cinema Hall at
Tinsukia.81
On 9 June 2004, 10 members of the
UPDS reportedly shot dead three alleged
supporters of the Communist Party of
India (ML) at Anlang Antigaon village
and injured eight others. They also set fire
the office of the CPI (ML).82
INDIA HUMAN RIGHTS REPORT 2005
On 24 June 2004, seven persons were
reportedly killed and fifteen others were
injured when an improvised explosive
device exploded on the roof of a private
mini bus at Mazgaon (Mathurapur) under
Sivsagar district. Four passengers died on
the spot while three others succumbed to
their injuries on the way to hospitals.83
On 25 August 2004, unidentified
members of the armed groups exploded a
grenade outside a movie theater in
Dibrugarh district wounding eight people,
including two police constables.84
On 26 August 2004, 4 persons
including five-year-old minor Nandini
Kumar were reportedly killed in an
explosion caused by suspected ULFA
cadres at Paikan in Meghalaya-Assam
border. Another explosion was carried out
inside a passenger bus at Gossaigaon town
in Kokrajhar district killing one person
and injuring 37 others.85
On 2 October 2004, the alleged ULFA
and NDFB cadres triggered off a series of
blasts in different places in lower Assam
killing about 35 people and injuring about
100 others.86
At around 5.30 pm on 2 October 2004,
an alleged group of NDFB cadres stormed
the Makrijhora weekly market on National
Highway 31 in Dhubri district and opened
fire killing 11 persons on the spot and
seriously injured four others.87 On 3
October 2004, twelve more persons were
reportedly killed and 58 injured by the
armed opposition groups.88 On 4 October,
alleged NDFB cadres reportedly shot dead
at least six people and injured 10 others in
Assam
the Gelapukhuri area in Biswanath Chariali
in Sonitpur district.89 On 5 October 2004,
suspected NDFB rebels killed at least ten
villagers and injured seven others in
Jalabila village under Bagaribari police
station in Dhubri district.90
Two persons were reportedly killed
and eight others were injured when two
explosives went off in front of Hatigaon
outpost under Dispur police station in
Guwahati on 13 December 2004.91 As
many as six bomb were triggered off in
different places in Assam on the evening
of 14 December 2004, killing one person
in Nagaon district and injuring about 50
people in Guwahati.92 Five persons were
seriously injured when suspected ULFA
cadres lobbed a grenade at a place near the
Town Tinali at Silapathar in Dhemaji
district at around 5.40 p.m. on 15
December 2004.93 One person was
reportedly killed and 11 others injured,
including a woman and a 14-year-old boy
in a grenade explosion in the busy Paltan
Bazar area in Guwahati at 5.20 p.m. on 17
December 2004.94
The armed opposition groups were
also responsible for kidnapping and
serving notices to the management of the
tea gardens for extortions.95
On 21 February 2004, the United
Peoples Democratic Solidarity (UPDS)
cadres reportedly kidnapped two tea
executives- field officer and assistant
manager of the Bhagawati tea estate - M
Kumar and Ranjit Deb from Bokajan area
of Karbi Anglong district.96
On the night of 28 April 2004,
31
INDIA HUMAN RIGHTS REPORT 2005
members of armed opposition groups
suspected to be from the Dima Halam
Daoga (DHD) and the National
Democratic Front of Bodoland (NDFB)
allegedly entered Doldoli railway station,
between Diphu and Dimapur in Karbi
Anglong district and killed Station
Master Nareswar Kalita and Rajendra
Prasad for not responding to their
extortion notes.97
On 27 April 2004, Nirmalendu
Langthasa, youngest son of Assam
Minister for Hill Areas and Veterinary, GC
Langthasa was reportedly kidnapped by
ULFA. Langthasa’s family members were
sent a ransom note of Rs 3 crore.98 On 29
May 2004 ULFA Chairman Aurobindo
Rajkhowa reportedly claimed
responsibility for the kidnapping of
32
Assam
Nirmalendu Langthasa and demanded the
release of UNFA cadres, Bening Rabha,
Robin Neog, Ashanta Bagh Phukan,
Abhijit Deka, Ajay Narzary, Neelu
Chakravarty and Naba Sangmai in
exchange of his release.99 On 11 August
2004, Nirmal Langthasa was released near
National Highway 37 in Morigaon
district.100
On 11 August 2004, Sujit Saha, a
small-time shop-owner of Bogribari under
Bilasipara sub-division of Dhubri district
was allegedly kidnapped by NDFB
cadres.101
On 14 December 2004, suspected
ULFA cadres reportedly abducted a West
Bengal-based businessman, Nitai Saha
from the Boxirhat area in Dhubri district
along the Assam-West Bengal border.102 ■
C h a p t e r
4
Bihar

I. Overview

R
uled by the Rashtriya Janata Dal (RJD), Bihar remained the
most lawless state in India. On 6 December 2004, Patna
High Court observed that “The situation (crime) appears to
have gone beyond control”. Earlier, on 25 November 2004, Patna
High Court ordered the Superintendent of Police of Bettiah to appear
before the court on 2 December 2004 for allegedly refusing to
register the FIR1 filed by a doctor who received the threats of
extortion and kidnapping.
Insecurity of common citizens is all pervasive in Bihar. On the
INDIA HUMAN RIGHTS REPORT 2005
night of 29 March 2004, alleged criminals
shot dead Narendra Singh, the Beur Prison
Jailor, near Nala Road under Kadam Kuan
police station in Patna.2 On 14 November
2004, unidentified criminals shot dead
Basudeo Prasad, a professor of CM
Science College under Lalit Narayan
Mithila University of Darbhanga when he
was on his way to Sultanganj in Patna to
meet his relatives.3
In 2004, the TVS Motors withdrew its
operation. In the past two years, other
business establishments like Maruti
Suzuki Ltd, Hero Honda, Yamaha Bajaj,
Escorts, Videocon, too have reportedly
shifted base from Bihar. Reports of
traders, businessmen, government officials
and other people getting kidnapped,
ransom calls and extortion threats from the
criminals patronised by politicians and the
underworld are routine.4
The violence and killings by the
criminals and the armed opposition groups
like Ranvir Sena, Peoples War (PW) and
Maoists Communist Centre (MCC) in
Bihar could be considered at the same
level as the violence caused by the armed
opposition groups elsewhere in India. Yet,
the Central government and Bihar
government maintained double standards.
The Centre declared the MCC and PW as
“terrorist organisations” under section 18
of the Prevention of Terrorist Act, 2002
and under the Unlawful Activities
(Prevention) Act 2004. However, the
Ranvir Sena, private army of the
landlords, which has officially been
involved in 33 massacre cases claiming
34
Bihar
over 280 lives, has not been banned.5 Not
surprisingly, on 18 March 2004, Bhumiyar
youth in Gaya reportedly announced the
formation of yet another private army -
Tandav6 Sena to counter the MCC and
PW.7
Extreme poverty and discrimination
especially in the administration of justice
accentuate the violations against the
Dalits. Like all things in Bihar, even
poverty alleviation programmes targeted
for the poorest Dalits only benefit the
upper castes. The prosecutions of the
culprits for the Laxmanpur Bathe
massacre of 1 and 2 December 1997,
Shanker Bigha massacre of 25 January
1999 and Narayanpur massacre of 10
February 1999 have been collapsing
simply because of the unwillingness of the
State to establish accountability.
The Dalit women were extremely
vulnerable especially to sexual abuse. In
July 2004, the upper castes had cut the hair
of Sumitra Devi, a Dalit widow of Jhapha
Udan village in Muzaffarpur district,
beaten her, stripped her and poured acid on
her private parts.8
Prison conditions remained inhuman.
The conditions of about 55 prisoners
lodged in jails at Bhagalpur, Gaya and
Muzaffarpur who have been awarded
death sentence but not executed, were the
most pitiable.9
Those who seek to change the status
quo are special targets of the criminals. On
24 January 2004, social activists, Sarita
Kumari and Mahesh Kant of Institute of
Research and Action were killed by the
INDIA HUMAN RIGHTS REPORT 2005
criminals.10
In the midst of such lawless situation,
human rights violations by Bihar Police
are often ignored. In November 2004, 12-
year-old Govinda was handcuffed and tied
with a big rope by the police personnel of
Sri Krishna Puri police station in the heart
of capital Patna.11
II. Atrocities by security forces
The police in Bihar have been
responsible for gross violations of human
rights from rape and extortion to arbitrary
deprivation of the right to life.
i. Arbitrary deprivation of the right to life
About 57 persons have died in the
custody of the law enforcement personnel
in Bihar by 26 August 2004. In 2003,
NHRC registered 148 custodial deaths in
Bihar with 139 of them in judicial
custody.12 The NHRC also registered 157
cases of custodial deaths in 2002-2003,
146 cases in 2001-2002, 162 in 2000-2001
and 162 in 1999-2000 in Bihar.13
On 27 January 2004, several inmates
in the Begusarai Divisional Jail were
injured when the police opened fire to
quell a riot following the death of a
prisoner identified as Shankar Sao. The
protesting inmates alleged that Sao was
beaten to death by the jail officials. The
jail officials, however, claimed that Sao
had committed suicide.14
On 29 January 2004, a CRPF jawan,
Pramod Mishra shot dead, Sharif Khan, a
passenger of the Guwahati-bound North-
East Express near Simapur station in
Bihar
Katihar district following a dispute over a
berth. The CRPF constable was arrested
by the Government Railway Police
immediately on arrival of the train at
Katihar railway junction.15
On 15 June 2004, Shyam Kishore
Sharma of Karni village under the
Dhanarua police station in Patna district
was shot dead by police personnel from
Goraul police station. The police claimed
that the deceased and three others were
trying to escape after knocking down a
cyclist near Bhagwanpur on the Hajipur-
Muzaffarpur road. The police claimed to
have fired when the victims tried to flee
after making an unsuccessful attempt to
crush the policemen. The hospital sources,
however, revealed startling findings: the
deceased had bullet injury in his abdomen,
which is not possible while escaping on a
vehicle. “It’s possible only at a close range
and in a static position,” reportedly stated
a doctor of the hospital.16
An undertrial prisoner of the Sasaram
district jail, Kanhaiya Chaubey of Asiya
village under Natawar police station of
Rohtas district reportedly died in the
prisoners’ ward of the Sadar Hospital in
Sasaram on the night of 31 August 2004.
Chaubey was brought to the hospital
around 8 pm on 31 August 2004 when he
complained of pain in stomach. Around 9
pm, he was declared dead by the doctors.
The family members of the deceased
alleged that he had been ill for the last one
week and died due to lack of proper
treatment.17
Gorakh Choudhury, a supporter of
35
INDIA HUMAN RIGHTS REPORT 2005
CPI (ML) and an undertrial lodged at the
Jehenabad Sub-Jail died on 25 September
2004. He had allegedly been sick since
several days. Protesting against his death
some of the inmates allegedly turned
violent and pelted stones at the prison
authorities.18
On the late night of 18 November
2004, a police constable identified as
Dinanath Tiwari shot dead four persons,
including a woman and a child in Bagha
Mohalla in Begusarai. Tiwari was drunk
and allegedly barged into the house of a
widow in the village and tried to rape her.
When some villagers came to her rescue,
Tiwari fired indiscriminately with his
official carbine, killing three persons on
the spot. Another injured victim died later.
Three other persons were also critically
injured.19
The Bihar Police were also violated
the right to life by resorting to
indiscriminate firing.
On 23 January 2004, Dukhan Mehta
was killed and three others were injured in
police firing at Gokulpur village in Purnia
district while protesting against arrest of a
person.20 Two days later, on 25 January
2004, Jumerati Ansari was reportedly
killed and six others injured when police
lathi-charged and opened fire at the
agitators who were demanding creation of
Sonebarsha block at Sonebarsha Bazar in
Buxar district.21
Five persons were reportedly killed
when police fired on a violent crowd
protesting against bungling in flood relief
and distribution of substandard goods at
36
Bihar
Ujan village of Darbhanga district on 16
August 2004.22
ii. Arbitrary arrest, detention and torture
There were consistent reports of
arbitrary arrest and detention by the police.
On 30 January 2004, Gopal Singh,
vice-president of the Bettiah Unit of the
Bihar Youth Advocates’ Welfare
Committee, was arrested without warrant
for alleged complicity in a case of fraud.23
On the night of 14 September 2004,
Arjun Paswan, an employee of a junk
market located in Patna’s New Market
area, was allegedly beaten up by a group
of Government Railway Police (GRPs) on
Platform Number 8 of Patna Junction
while waiting for a train. The GRPs
demanded to see his ticket. When Paswan
showed his monthly pass, they allegedly
tore up the pass and demanded Rs. 100.
Upon his reluctance to bribe, they beat him
up and stole all his cash. They also
threatened him of dire consequences if he
reported the incident. When Paswan went
to file a complaint, the GRPs refused to
register his complaint. The Superintendent
of Police of GRPs ordered an enquiry into
the incident only when a local newspaper
carried a story on Paswan’s ordeal.24
On 5 December 2004, Bihar Police
arrested more than 300 persons under
preventive detention. They were scheduled
to participate in the rally at Patna
sponsored by the People’s War Group,
Maoist Communist Center (MCC) and
People’s War under the banner of the
Krantikari Jansangarsh Ekjutta Samiti.
INDIA HUMAN RIGHTS REPORT 2005
Police also lathi charged to disperse the
crowd causing injury to nearly half-a-
dozen people.25
iii. Impunity
There is virtual impunity for the law
enforcement officials. Strangely,
punishment recommended for a custodial
death was “retirement”.
On 23 September 2004, the NHRC
issued notice to the Chief Secretary and
Director General of Police, Bihar to show
cause within four weeks why it may not
recommend grant of interim relief to the
next of kin of Ram Udit Narayan Singh,
who died in police custody in Begusarai
district in 1999. The inquest and post-
mortem findings submitted by the Home
Secretary belied the police assertion that
the deceased had committed suicide.
“The presence of 11 external injuries and
a post-mortem ligature mark undoubtedly
show the barbaric attitude of the police
and an attempt to fabricate false clue and
create false evidence so as to screen the
offense” - asserted NHRC. The
punishment given to the SHO was
“retirement”.26
On 29 January 2004, additional
district and sessions judge of a fast track
court in Purnia, Tarakant Shah sentenced
the then officer-in-charge, Brahmdeo
Singh, and two constables, Shaligram
Singh and Vijaykant Jha of the
Harwadanga police station in Kishanganj
district to life imprisonment for custodial
death of an accused, Ishaque Alam in
1987.27
Bihar
III. Atrocities by the armed
opposition groups
The armed opposition groups are a
reflection of the caste war prevailing in the
feudal lands of Bihar, primarily in
Jehanabad, Arwal, Bhojpur, Gaya,
Aurangabad and Patna districts. The key
armed opposition groups in the state are the
Ranvir Sena and the Maoists Communist
Centre and the Peoples War. While Ranvir
Sena represents the upper caste Hindus, the
MCC and the PW claim to represent the
poor and the Dalits. In the past 15 years, an
estimated 1,000 people have been killed by
Ranvir Sena in 300 incidents. The Naxalites
have, on their part, perpetrated equally
chilling massacres.28 However, unlike the
Naxalites, the Ranvir Senas are not banned
under the law.
i. Violence by Ranvir Sena
On 3 January 2004, the Ranvir Senas
reportedly shot dead five Dalits and
injured two others, all believed to be
Maoist supporters, at Pariyari village
under Kinjar police station in Arwal
district. The victims, belonging to Paswan
and Gadaria communities, were enjoying
the warmth of a bonfire in the morning.
The two injured were admitted to the Patna
Medical College Hospital.29
On 13 January 2004, five members of
a Yadav family, including two women and
a 10-year-old girl, were shot dead and four
others were critically injured when
unidentified assailants opened fire at
Koregawan village of Bhore in Gopalganj
district.30
37
INDIA HUMAN RIGHTS REPORT 2005
On 7 August 2004, six persons,
including five Dalits, were killed in two
separate incidents at Kulsia village in
Madhepura district following a land
dispute. The victims included three
women and a four-year-old child.31
ii. Violence by the Naxals
On the night of 13 January 2004,
alleged cadres of the People’s War
reportedly raided Mirjapur village under
Sakurabad police station in Jehanabad
district and killed four alleged supporters
of Ranvir Sena and wounded three others
in indiscriminate firing. The villagers had
assembled at a temple.32
The PWG cadres reportedly set
several huts on fire in Mok village in Gaya
district following the killing of one of its
comrades Satyanarain Yadav on 22 April
2004 by a Special Task Force in Gaya.33
On 26 April 2004, Peoples’ War
cadres reportedly raided village Adai
under the Konch police station in Gaya
district and killed three persons including
Satendra Sharma and Baleshwar Sharma,
and injured two others.34
On 29 December 2004, CPI (Maoist)
activists killed four persons including a
woman and blasted two houses at Mauri
village under Paliganj police station in
Patna district.35
Even the Dalits whom the Naxalites
claim to represent were not spared. On 18
May 2004, the Naxalites reportedly killed
Sudhir Paswan, Vijay Paswan, Naga
Paswan and Uday Paswan and injured as
many at Lahsuna in Patna district.36
38
Bihar
On 18 August 2004, the Maoists
raided the office of the CPI-ML
(Liberation) at Paliganj Bazar in Patna
district and opened indiscriminate firing
killing four persons - Rajeshwar Mochi,
head of Paliganj block, Mandip Goswamy,
the village chief, Jagdeo Prasad and Shiv
Dani Yadav, secretary of the party’s
Paliganj office. The Maoists also
kidnapped another party activist
Baleshwar Mahato.37
IV. Atrocities against the Dalits
The Dalits faced all forms of
discrimination from the denial of
minimum wages to the denial of entry to
places of worship, land grabbing and
executions. Any protest by them may
warrant branding them as “Naxalites” or
“Maoists”.
Dalit labourers in Badki Akona,
Bandhuganj, Chandaura and Maniama in
the Ghosi region of Jehanabad district
have been given a meager daily wage of
two kg of rice or wheat and half kg of sattu
(gram powder). Anybody who demands a
higher wage can be declared a Naxalite
and hounded both by the police and the
Ranvir Sena. Labourers reportedly even do
not enjoy the freedom to migrate to other
parts in search of better wages as most of
them remain tied to individual landowners
by what is called Daskathia system. Under
this system, a local practice in Jehanabad,
a landowner grants 10 katha (a little less
than half acre) of land to a labourer who
cultivates it and keeps the harvest. In
return, he has to be always ready to work
INDIA HUMAN RIGHTS REPORT 2005
for the landowner at the standard wage of
two kg of rice or wheat and half kg of
sattu. However, if a labourer is unable or
unavailable or refuses to attend to his
master’s call, the land granted to him is
confiscated along with the standing crop
and, if harvested, he is forced to pay the
rent for the entire year. The arrangement is
liable to be renewed every year.38
The Dalits are disproportionate
victims of poverty and economic
deprivation. Like most things in Bihar,
governmental programmes are decided on
the basis of caste.
Antyodaya Anna Yojna is a centrally
sponsored scheme aimed at identifying the
poorest of poor among the Below Poverty
Line families and providing them highly
subsidised foodgrains through targeted
Public Distribution System in order to
protect them from the menace of hunger.
But at several villages in Bihar, it is the
caste, not the economic status, which is the
yardstick for identification of the
beneficiaries under the Antyodaya Anna
Yojna. At Chanaur village in Darbhanga
district, the ‘identified’ poor families
belonging to the Dalit community are
allegedly denied food grains at subsidised
rates under Antyodaya Anna Yojna. All
such benefits can only be enjoyed if the
“identified” poor families belong to the
Yadav caste. In Chanaur Panchayat there
are five villages - Chanaur, Hanuman
Nagar, Laho, Indrathair and Amaih and
four ration shops. All of them are run by
Yadavs in their own localities. Dalit
populated village Laho does not have a
Bihar
single ration shop.39
In September 2004, poverty forced
Dhiran Devi, a Dalit resident of
Ambedkar Colony in Hajipur, to sell her
two-and-half-month-old son to some
women in Patori village of Samastipur
district because of hunger and debt.40 Her
husband, Lal Babu Paswan, is a TB
patient but he was neither a recipient of
the Red Card meant for those below
poverty line nor a beneficiary under the
Anapurna scheme.41
Driven by hunger and poverty, the
family of Sacchidanand Chaudhry, a Dalit
of Pratapganj locality under Sasaram town
police station, committed suicide en masse
by consuming poison on the night of 16
September 2004.42
Three lower caste “musahars”, rat
eaters, reportedly starved to death in
Chhapel village of Rajauli block in
Nawada district. One of the deceased,
Ramavtar Bhuyian of Chhapel village
reportedly died of starvation. But the
administration refused to acknowledge the
starvation deaths. Rajauli BDO Aslam
Ansari, who was part of an inspection
team that visited Chhapel village on 5
October 2004, stated that the deaths
occurred due to illness. However, the
Circle Officer Ajay Kumar admitted that
he was shocked not to find any trace of
food grains in the house of Daso Bhuyian
who died of starvation.43
i. Violence against Dalit women
The Dalit women were the most
vulnerable to abuses by the upper caste.
39
INDIA HUMAN RIGHTS REPORT 2005
Any attempt to access justice warranted
brutal retaliation in the form of murder and
killing.
In July 2004, Sumitra Devi, a Dalit
widow and resident of Jhapha Udan
village in Mizaffarpur district, was held
hostage for 24 hours by village headman
Ambika Ram and his supporters. They cut
her hair, beat her, stripped her and poured
acid on her private parts. The victim was
meted out such inhuman torture because of
an alleged illicit relationship with a
villager who disappeared mysteriously.
Police rescued her on 27 July 2004 after
receiving information that she was being
held hostage and took her to hospital. But
she spent an entire night in pain outside
SKM College and Hospital in Muzaffarpur
before being admitted for treatment. A
hospital doctor reportedly confirmed that
she was tortured like an animal.44
On 9 September 2004, 35-year-old
Dalit widow was allegedly raped by two
constables in lock-up in Dhalpura police
outpost in Patna district. The police had
earlier picked her up for alleged
involvement in a murder case. Later she
was moved to Beur Central Jail in Patna
where she lodged a complaint.45
On 26 August 2004, an 18-year-old
Dalit girl belonging to Chamar community
was murdered by Uday Rai and Nanhaki
Rai, both relatives of RJD Legislator Uday
Narain Rai, in Raghopur after she refused
to withdraw the rape case against them. On
16 August 2004, she was raped by these
upper Castes. The culprit had threatened
the victim and members of her community
40
Bihar
against reporting the matter to the police.
But the victim ignored the threats and filed
a police complaint with the Deputy
Superintendent of Police.46
On 23 October 2004, two Dalit
women belonging to Rewa village under
Masaurhi police station of Patna district
were allegedly gang raped by four persons
at Taregna in Patna district. The victims
were returning from Taregna with their
children, where they had gone to celebrate
Dussehra festival. They were accosted by
the accused, who took them to a nearby
saw mill and raped them. Hearing their
cries, some locals informed a patrolling
police party of Taregna about the incident.
The police reportedly arrested two persons
red handed while two others managed to
escape.47
ii. Unfair justice to Dalits
In April 2004, the Supreme Court of
India in its judgement upheld the
conviction and life sentence given to 18
activists of the Maoist Communists Center
under the Terrorist and Disruptive
Activities (Prevention) Act (TADA), for
the attack on police forces at Bhadasi
village in Jehanabad in Bihar in November
1988.48 The Supreme Court was
congratulated by the media for defining
terrorism - “If the core of war crimes -
deliberate attacks on civilians, hostage-
taking and the killing of prisoners - is
extended to peace time, we could simply
define acts of terrorism veritably as peace-
time equivalents of war crimes”.49
While the Supreme Court’s judgment
INDIA HUMAN RIGHTS REPORT 2005
against such brutal killings is welcome, the
miscarriage of justice against the Dalits
require little introduction. The petitions
pending before the courts for prosecution
of the alleged culprits responsible for the
massacre of the Dalits have been
collapsing one by one due to the
unwillingness of the State to establish
accountability.
In the Laxmanpur Bathe massacre on
the intervening night of 1 and 2 December
1997, Ranvir Sena men massacred 59
Dalits of which 26 were women and 19
were children under the age of 10. On 6
December 1997, Justice Amir Das
Commission was constituted to “probe the
nexus between the Ranvir Sena and
political elements’’. It had a six-month
term. Seven years have passed but the
commission continues its endless hearings.
Informant Vinod Paswan filed a First
Information Report No. 126/97 with
Mehandia police station. After the filing of
charge sheets, the trial started in February
1999. Six years later, even charges have
not been framed against the 24 accused.
Except two, the rest have been released on
bail. During the framing of charges all the
accused must be present physically in the
court. For the past 20 hearings, all the
accused never appeared. On 10 July 2004,
Buxar Jail officials informed the court
about a Home Department
‘’administrative decision’’ not to produce
accused Pramod Singh, the main accused,
in any court. Earlier there were reports that
informant Vinod Paswan was being
threatened by Birendra Singh, one of the
Bihar
main accused. Neither Paswan nor Singh
could be traced in the village.50
In the Shanker Bigha massacre in
Jehanabad, 23 Dalits were killed by
suspected Ranvir Senas on 25 January
1999. An FIR was lodged at Mehandia
police station case no 5/99. There are 24
accused and 76 witnesses. Two charge
sheets have been filed 37/03 of 15 August
2003 and 67/2000 of 26 February 2000.
On 2 November 2003, the case was
transferred from the chief judicial
magistrate to the sub-divisional judicial
magistrate, Jehanabad, for framing of
charges. However, charges could not be
framed because all the accused must be
present in court on the same day for
framing of charges. This has not happened
yet. Two accused, Parmeshwar Singh and
Kamlesh Bhat, are in jail and the rest have
been released on bail.51
On 10 February 1999, 12 Dalits were
massacred at Narayanpur in Jehnabad. The
Narayanpur massacre was a political
landmark in Bihar’s rocky history. The
National Democratic Alliance government
dismissed the Rabri Devi government only
to be reinstated later. An FIR 17/99 was
filed. A case was registered (State vs
Sidhan Singh & others 5/2001) in which
12 persons were named and 32-35
unnamed accused. The trial commenced
on 22 February 2002; but the case is
collapsing, as the witnesses are turning
hostile under duress.52
Even in the Bara massacre case of 12
February 1992 in which 36 people of the
upper-castes were killed by the MCC,
41
INDIA HUMAN RIGHTS REPORT 2005
Supreme Court’s judgement of 15 April
2002 upholding the death penalty awarded
to Veer Kunwar Paswan, Krishna Mochi,
Dharu Singh (alias Dharmendra Singh)
and Nanhe Lal Mochi by the TADA court
raised many questions. Justice M B Shah
raised the following questions on the
‘’quality of evidence’’ and disagreed with
the death sentence. However, he was in a
minority in the 2-1 verdict of April 15,
2002. As Judge Shah pointed out the
following questions:
(1) Satyendra Sharma, the informant in
the case, never deposed in court;
(2) Confessional statement of Bihari
Majhi, a Dalit labourer not even
named in the FIR, was the basis of
conviction. The statement, made
before a police inspector, was
denied by Majhi in court.
(3) Of its 10 pages, Majhi’s signature
appears only on five. In any case,
only an officer of the rank of at least
superintendent can record
admissible statements, even under
TADA provisions.
(4) Of the 34 prosecution witnesses,
none stated that any of the four men
took part in the murder or were
members of an extremist group. No
arms were recovered.53
V. Prison conditions:
The Jehanabad’s Hell Hole
Prison conditions across Bihar remain
deplorable. The Jehanabad sub-jail was
declared as “unfit” by a team of PWD
(Buildings) engineers in 1984. But the
42
Bihar
same old, dilapidated jail building has
been used to accommodate 648 prisoners
as against the declared capacity of 140. Of
the total 648 prisoners, over 300 were
believed to be activists of various warring
armed opposition groups like the PW,
MCC, CPI-ML (Liberation) and Ranvir
Sena.54
The prisoners are huddled together
like goats and they hardly get any space
for a nap. As per the provisions of the jail
manual, prisoners are required to be
provided at least 7 x 8 sq ft of space but
in the Jehanabad jail, more than a dozen
inmates are forced to live together in that
much space.
There was neither ambulance nor any
other vehicle to carry the emergency
patients to hospitals. In the absence of an
exclusive ward for women, women
prisoners were being accommodated in a
dark and dingy cell. The juvenile
prisoners were forced to undergo the
trauma of living with hardened
criminals.55
The Bhabhua district jail has a
sanctioned capacity of 85 prisoners but the
numbers of prisoners in this prison does
not come down below 650. By June 2004,
five prisoners including Jogari Mushahar,
an undertrial, died in Bhabhua district
jail.56
The abuses against the prisoners are
widespread. On 9 January 2004, Chief
Minister Rabri Devi reportedly ordered a
probe by Central Bureau of Investigation57
into the rape of Najma Khatoon, a murder
convict. On 6 August 2003, 25-year-old
INDIA HUMAN RIGHTS REPORT 2005
Najma Khatoon, a murder convict,
delivered a baby boy after being raped by
a police constable who was on deputation
to guard her at the Sasaram Sadar hospital.
She was admitted to the hospital due to ill-
health between 29 September 2002 to 22
October 2002. She was lodged in a
separate room in the women’s ward of the
hospital where the constable on guard
raped her. She petitioned Sasaram jail
authorities for help but no action was taken
even to identify the accused police
constable. The police reportedly took a
Havildar into custody; but he was
allegedly released following protest by the
policemen’s association. Later, the police
even denied having arrested anybody. The
incident was raised in the State Assembly
in March 2003 and August 2003. The case
was transferred to the Criminal
Investigation Department (CID) for a
probe but the CID failed to make any
arrest.
The most pitiable condition is the
status of about 55 prisoners lodged in jails
at Bhagalpur, Gaya and Muzaffarpur who
have been awarded death sentence but
there has been inordinate delay in the
execution.58
VI. Juvenile justice
On 6 February 2004, the Patna High
Court reportedly sought a meeting with
Bihar Chief Minister Rabri Devi to
discuss measures for “the strict
implementation” of the Juvenile Justice
Act and observed that the State
Government was not “properly
Bihar
cooperating” in the matter.59
On 25 November 2004, National
Human Rights Commission took a suo-
motu action on the basis of a news report
published in The Asian Age on 23
November 2003 captioned “Child
criminal?” The news report showed the
photograph of 12-year-old Govinda in
handcuffs and tied with a big rope by
police personnel of Sri Krishna Puri
police station of capital Patna. The
Director General of Police, Bihar was
directed to report within two weeks,
amongst others, about the circumstances
that led to the handcuffing of the child in
violations of the Supreme Court
guidelines and whether the child was
produced before the Juvenile Justice
Board. The 12-year-old Govinda was
reportedly arrested for allegedly calling
up houses in the area, abusing the owners
and demanding ransom money in the
style of the notorious Bindu Singh who is
currently lodged in Bhagalpur jail on
charges of extortion.60
VII. Defenders at risks
Social activists Sarita Kumari and
Mahesh Kant of Institute of Research and
Action, who reportedly turned Shabdo
village into a model village, were gunned
down near Pathlauria Ahar under Fathepur
police station, Gaya by unidentified
gunmen on the night of 24 January 2004.
The assailants intercepted the victims’
vehicle and shot them at point blank range
when they were returning to their Fathepur
office.61 Both Sarita Kumari and Mahesh
43
INDIA HUMAN RIGHTS REPORT 2005 Bihar

Kant were engaged in a legal fight with the four persons in connection with the
district’s dreaded gangster, Samman murder. Among those arrested included
Yadav, who forcibly grabbed a piece of noted criminals of the area- Budhan Yadav
Dalit’s land in Fathepur.62 Police arrested and Sadhu Yadav.63 ■

44
C h a p t e r
5
Chhattisgarh

I. Overview

R
uled by Bharatiya Janata Party (BJP), Chhattisgarh
witnessed sharp increase of custodial deaths. There were
reports of 11 deaths in police lock up during June-December
2004. On 24 November 2004, Home Minister Brijmohan Agrawal
justified the custodial deaths by stating that 13 custodial deaths had
taken place during the Congress rule; but the administration took
little action.1
INDIA HUMAN RIGHTS REPORT 2005
The radical Left-wing armed
opposition group, also called Naxalites, are
reportedly active in eight districts out of
total sixteen districts, mainly in the tribal
areas. Many tribals have been allegedly
arrested under false cases as Naxalites.
While violence against women has
been rampant, atrocities against the Dalits
by the upper caste Hindus continued
unabated.
The condition of jails in the state
remained deplorable. K.A. Jacob,
Chairman of the State Human Rights
Commission of Chhattisgarh admitted
unbearable and sub-human condition of
Chhattisgarh jails, which were
overcrowded and infested with diseases
like tuberculosis.
II. Atrocities by security forces
While the Congress claimed that 11
custodial deaths have taken place during
June-December 2004, on 24 November
2004, state Home Minister Brijmohan
Agrawal justified his government’s human
rights record by stating that 13 custodial
deaths had taken place during the
Congress rule; but the administration took
little action.2 The NHRC had registered 30
custodial deaths in 2000-2001 and 32 in
2001-2002.
Former Home Minister of
Chhattisgarh, Nandkumar Patel accused in
the state Assembly that Lal Sai had died in
the police custody in Budha Bagicha
village under Rajpur development block of
Sarguja district. Patel alleged that the
deceased was detained under section 151
46
Chhattisgarh
of the Prohibitory Act and given third
degree torture that caused his death.
Replying to the question, state Home
Minister Agrawal however categorically
denied that Lal Sai died in police custody
and was subjected to brutal torture.
Agrawal said the police registered an
offence against Sai following a complaint
lodged by his brother’s wife for abusing
her. The minister further stated that Lal
Sai was detained on 25 April 2004 but was
released on bail on the same day. Sai was
reportedly admitted to Rajpur Government
Hospital on 11 May 2004. Agrawal further
claimed that Sai died not of police
atrocities but of ulcer. An inquiry report
submitted by the Sub-Divisional
Magistrate of Ambikapur reportedly did
not indicate any external injury mark.3
On 6 June 2004, 21-year-old Rajesh
Yadav of Arang died in the custody of
Arang Police Station in Raipur district. He
was brought to the police station at about
12 noon for interrogation in connection
with the missing of a pregnant woman,
Sunita Sonwani. Police stated that at about
2.30 p.m. Rajesh’s brother brought meals,
which he ate. One-and-half hours later he
started vomiting and taken to a nearby
primary health centre from where he was
referred to Dr. Ambedkar Hospital, Raipur.
His condition deteriorated there and later.
Police alleged that Rajesh Yadav died of
consuming insecticide from a bottle which
he had kept with him.4 A magisterial
inquiry was ordered.5
On the night of 13 August 2004, a
tribal youth named Ramkumar Dhruv
INDIA HUMAN RIGHTS REPORT 2005
from Bhalesur village died in the custody
at Suhela police station in the Raipur
district.6 He was arrested on 7 August 2004
on the suspicion that he had stolen diesel
worth Rs 300 from a vehicle. He was
allegedly detained illegally for six days in
police custody and tortured. In order to
humiliate him further, the police took him
to his village Bhalesur and to his in-laws’
village too. There, they allegedly beat him
up in public. Villagers alleged that when
the policemen brought him to the village to
humiliate him, he could hardly walk due to
torture by the police. The police claimed
that Ramkumar committed suicide by
hanging himself from the ventilation of the
lavatory with the blanket provided to him.
The villagers alleged that he was murdered
during his detention and in order to save
their skins, the police hanged his dead
body to convert the case into a case of
suicide. The post mortem on Ramkumar’s
body was conducted and his body was
buried secretly. Later on, in response to a
public interest litigation, the Chhattisgarh
High Court directed for re-post mortem,
where forensic experts found several
injury marks all over his body.7 On 9
September 2004, Chief Minister Raman
Singh stated that following report of
magisterial inquiry, assistant sub-inspector
Subhash Pradhan, head constable
Punnuram Deharia, constables Mahesh
Verma and Rohit Verma were suspended
and later arrested. Besides, inspector of
Suhela police station G.P. Mishra and Ms.
Usha Sondhiya were also suspended on
charges of negligence. Dr A.P. Nayak and
Chhattisgarh
Dr G.S. Som, who conducted the first post-
mortem on the deceased, were also
suspended and a case had been registered
against them on charges of suppressing
evidence.8
On the night of 3 September 2004,
Sukhpal Lodhi succumbed to torture by
Government Railway Police (GRP).
Sukhpal Lodhi reportedly arrived at the
Bhilai railway station with his wife Sukhdei
to catch the Sarnath Express on the night of
2 September 2004. When he saw two GRP
constables, Supen Kumar Rai and Cardius
Tigga, he tried to run away. On complaint
from his wife that he was forcibly taking
her to his home in Bihar, he was arrested
and taken to the GRP post at Bhilai in Durg
district. There he was beaten up mercilessly.
When his condition deteriorated, they sent
him home. At home, Sukhpal complained
of severe pain in his chest and back. His
wife took him to the district hospital where
he died on 3 September 2004. The post-
mortem report allegedly revealed that he
had sustained serious injuries in his spine.
His lungs were damaged and three of his
ribs were broken.9
On the intervening night of 4-5
September 2004, one Chandraprakash
Ogre belonging to the backward
community of Balauda in Janjgir district
died in the police custody. He was waiting
at the bus stand to go to his in-law’s house
on the night of 4 September 2004, when a
person called the police and handed him to
them finding him of suspicious nature.
Next day Ogre’s body was found in a
semi-naked condition inside Balauda
47
INDIA HUMAN RIGHTS REPORT 2005
Mandi. The police buried the body under
the pretext that he was unidentified even as
his relatives were searching for him. After
20 days when his parents came to Baloda
searching for him that they were informed
about his death.10
On 6 October 2004, a Dalit youth,
Banau Satnami hailing from Sodha village
allegedly died in police custody at Pipriya
under Kawardha district.11 His body was
recovered from a field a few metres away
from the police station adjacent to a power
sub-station of the Chhattisgarh State
Electricity Board. Police claimed that the
youth died of electrocution by high-
tension overhead wires. The deceased had
been summoned to Pipriya police station
on 5 October 2004 for interrogation in a
case relating to an attempt to murder in his
village. However, villagers claimed that
the policemen killed him first and then
tried to project it as suicide. A magisterial
inquiry was ordered.12
On 14 October 2004, Santosh Sahu of
village Kosmandi, Raipur district, was
found hanging from a tree outside the
village. On 9 October 2004, Santosh Sahu
was summoned to the Pallari police for
interrogation in connection with a theft
case at the house of one Bodhan Verma of
the same village. Police said that Sahu was
interrogated by Assistant Sub-Inspector
Devangan in the presence of the village
Sarpanch and Kotwar, and released later.13
However, Chattisgarh Sahu Samaj, whose
delegation made a spot verification,
alleged that during interrogation he was
pressurised to confess his involvement in
48
Chhattisgarh
the burglary and was threatened. On 12
October 2004, the deceased went to
operate pump in the fields but went
missing since then. He was found hanging
from a tree. Santosh Sahu’s knees were
reportedly found touching the ground and
the rope was loose.14
In October 2004, 14-year-old Dalit
boy, Santlal Gad allegedly died due to
brutal torture by police at Devbhog in
Raipur district. Devbhog police had picked
him up from his residence at Rajapra in
connection with a theft case. He was
handcuffed and beaten up in front of his
parents. Even his aged parents were beaten
up when they tried to urge the police to
stop the torture. The police kept beating
him all along the way to the police station.
After he returned home, he succumbed to
the injuries.15
On 24 October 2004 night, Mannu
Koropi, an accused in a rape case, of
Michgaon allegedly committed suicide in
Maanpur police station in Rajnandgaon
district by consuming poison. The police
claimed that he reached the police station
of his own after having consumed poison.
When he began vomiting, the police
rushed him to the primary health centre at
Maanpur from where he was referred to
Rajnandgaon District Hospital but he died
on the way. Police claimed to have
recovered a suicide note from the deceased
specifying that he was taking the extreme
step as “he failed to live with her”. Local
Congress MLA Uday Mudallar however
charged that the youth committed suicide
as police subjected extreme pressure on
INDIA HUMAN RIGHTS REPORT 2005
him. A magisterial enquiry was ordered
into Mannu’s death.16
On 18 November 2004, 17-year-old
Dalit, Suresh Shinde of Dhania village
allegedly died in police custody at
Takhatpur police station in Bilaspur
district. According to the police, the youth
committed suicide by consuming poison
inside the police station. But the family
members alleged that he was tortured to
death. Three serious wounds were
reportedly found on his body. Finding
them suspicious, a patrolling party of
Takhatpur had picked up Suresh Shinde
and his girlfriend Poonam Vishwakarma
and confined them at Gurunanak
Dharmashala. They had allegedly eloped
on 17 November 2004. Later the police
ordered the security guard of the
Dharmashala to bring them to the police
station. The police claimed that on the way
to the police station, Suresh Shinde
consumed poison. But the security guard
reportedly denied this.17
On 3 April 2004, 35-year-old Chaitu
Ram of Takilodha village of Dantewara
district was allegedly gang raped and then
killed by the police in Bastar. The police
later claimed that she was a Naxalite.
Some villagers were reportedly
eyewitnesses to the gang rape in custody.18
III. Atrocities against the Dalits
Dalits are subjected to torture,
humiliation, attacks and social boycott.
Government’s inaction and apathy have
further aggravated their plight.
On 16 August 2004, the inhabitants of
Chhattisgarh
two Satnami (Dalits who are followers of
spiritual leader Guru Ghasidas) bastis in
Gumka village in Durg district were
attacked by a huge mob of the upper caste
Hindus and non-Dalits of the same village
because they had wanted the Hindus to
participate in their festival as had been the
tradition. While men were beaten
mercilessly women were disrobed and
humiliated. Even the cattles were not
spared.19
A fact-finding team of the Dalit
Study Circle and Chhattisgarh Satnami
Samaj stated that at around 7 a.m. on 16
August 2004 about 800 upper caste
Hindus of Gumka village attacked the
two Satnami bastis injuring more than
150 people including 35-40 women.
Women were dragged out while their
clothes were either torn or disrobed off.
According to Godawari who had
survived with severe injuries on thigh
and back, “it was an attack all of a
sudden. We couldn’t even realise that
what is happening to us. While I was
dragged I saw my mother-in-law and my
daughter also being pulled out in the
same way. And they beat us. They had
torn all our cloths and began molestation
with all using abusive language against
our caste and women”.20
Earlier the Dalits of the two localities
in the upper caste dominated Gumka
village had been subjected to social
boycott. They were not allowed to fetch
water from the village well. They were
harassed in the name of caste. Tension
between Dalits and non-Dalits had
49
INDIA HUMAN RIGHTS REPORT 2005
reportedly been brewing ever since a Dalit
woman was elected as the sarpanch in the
Panchayat elections in 2000.21
IV. Prisons and prisoners
Although on 12 October 2004,
Chhattisgarh government approved a state
amendment to the Criminal Procedure
Code to enable the courts to record the
statements of jail inmates through video
conferencing facility22, the prison inmates
failed to get speedy justice. Their
conditions remained deplorable.
According to K.A. Jacob, former
Chairman of the State Human Rights
Commission, the incidence of tuberculosis
was on the rise among prison inmates.
Except in one jail - Raigarh - there is about
100 to 150 per cent overcrowding in all the
jails in the state.23
An undertrial, Paikoram of village
Sulenga under Mardum police station in
Bastar district died on 20 March 2004 at Dr
BR Ambedkar Memorial Hospital, Raipur.
He was being lodged in Raipur Central jail at
the time of his death. An investigation
headed by the Sub- Divisional Magistrate
B.L. Thakur was ordered to investigate into
the circumstances leading to his death.24
On 24 November 2004, Rahansai
Kanwar under Ambikapur police station
allegedly died at Kathghar while he was
being taken to Raipur Central jail from
Ambikapur. Rahansai Kanwar was a
murder convict. He was rushed to local
health centre where doctors declared him
death. Police claimed that the accused had
been ill for some days.25
50
Chhattisgarh
V. Atrocities by the armed
opposition groups
Naxalites are reportedly active in 8 out
of 16 districts in Chhattisgarh. Because of
the increasing attacks in June 2004 the
Chhattisgarh government reportedly
issued a confidential circular directing the
police department to stop releasing to
media reports of Naxal attacks on security
forces in the interests of the police force
and the people.26 There were about 40
companies of CRPF and the Chhattisgarh
police deployed to tackle the insurgents.27
The state government reportedly
earmarked Rs 10 crore in setting up a
jungle warfare training centre at Kanker to
train its police force to contain the
Naxalites.28
On 24 June 2004, Chhattisgarh
government announced a surrender and
rehabilitation policy for naxalites and
people affected by the menace.29 It had
little effect.
In mid-November 2004, the
Naxalites reportedly ordered eight tribal
families of Markabeda village in
Narainpur sub-division-who converted to
Christianity some months back-to leave
the village or be “punished” for
converting. The families were also
warned against lodging a report with the
administration. Most families, fearing the
wrath of the Naxalites, had taken shelter
in a missionary in Narainpur and sought
rehabilitation elsewhere. The Naxalities
also targeted the VHP and RSS activists,
accusing them of converting the tribals to
Hinduism.30 ■
C h a p t e r
6
Delhi

I. Overview

R
uled by the Congress Party, National Capital Territory of
Delhi witnessed serious human rights violations in 2004.
Delhi Police in 489 surprise checks on its 127 police stations
found the behaviour of the policemen in 103 police stations “not up
to the mark”. About 130 policemen including one Assistant
Commissioner of Police, four inspectors, 12 Assistant Sub-
Inspectors, 32 head constables and 60 constables were found
involved in criminal cases.1
INDIA HUMAN RIGHTS REPORT 2005
In all the custodial death cases in
2003, the Delhi Police allegedly managed
to bend the law to protect their guilty
colleagues. In 2004, the situation remained
the same. In the case of torture of one
Rajan Sharma on 19 March 2004 at
Sunlight Colony police post, no action was
allegedly taken against the two constables
despite a written complaint to the Station
House Officer of the Srinivaspuri Police
Station.2 The Delhi High Court in an order
in May 2004 summoned the Deputy
Commissioner of Police (Crime), Sub-
Inspector Praveen Kumar and his
immediate Assistant Commissioner of
Police for failing to initiate action against
Sub-Inspector Praveen Kumar. The Sub-
Inspector had picked up, detained and
tortured Deepak Kumar, a teenager at
Ambedkarnagar police station and got the
victim admitted to Batra Hospital under a
fictitious name to avoid any action.3
Despite the presence of the media,
political leaders, National Human Rights
Commission and the diplomatic
community, law enforcement personnel
ranging from Delhi Police to Railway
Protection Force were responsible for
arbitrary arrest, detention and torture. In
August 2004, a 16-year-old street boy
alleged that he was forced to indulge in
“oral sex” with another 12-year-old as
“punishment” by some policemen of New
Friends Colony Police station.4
A woman was reportedly raped in
Delhi every 24 hours in the first half of
2004.5 The law enforcement personnel
were also responsible for rape and other
52
Delhi
violence against women.
The Tihar Jail, effectively country’s
show-piece for prison reforms also
witnessed serious violations of the rights
of the prisoners. An overcrowded prison
with 12,610 prisoners against the
sanctioned capacity of 5,050 prisoners,
there were reports of torture, suicide and
custodial deaths.
NGO activists working on the Right to
Information Act faced attacks from the
criminals for exposing their misdeeds. The
police often failed to take effective
measures to stop recurrence of such
attacks.
II. Arbitrary, summary and
extrajudicial executions
The Delhi Police were responsible for
arbitrary arrest, detention and torture and
arbitrary deprivation of life. The NHRC
registered 25 custodial deaths in Delhi in
1999-2000, 37 in 2000-2001 and 32 each
in 2001-2002 and 2002-2003.6
In all cases of custodial deaths
occurred in 2003, the police some how
managed to bend the law to protect the
guilty colleagues. The Peoples Union for
Democratic Rights (PUDR) reportedly
investigated five deaths reported in police
custody in 2003 and found that at least
three were genuine cases of custodial
deaths. The most shocking of the three was
the killing of Sushil Kumar on 20 October
2003 at Madipur in North-West Delhi.
Kumar, the 32-year-old STD booth owner
died after being mercilessly beaten up by
five Delhi Police personnel. All the
INDIA HUMAN RIGHTS REPORT 2005
accused policemen were booked for
murder, but were never arrested. Though
the police claimed they were under
detention, they roamed freely. Kumar’s
autopsy was inconclusive and the police
officials stated that they would arrest the
accused only if the viscera report, which
was awaited, suggested that Kumar died
because of the beating - a clear departure
from the normal practice.7
In 2004, a few police personnel were
punished for violation of the right to life in
police custody. On 15 July 2004, the Court
of Additional Sessions Judge sentenced a
Delhi Police constable Anil Kumar to life
imprisonment and the three other convicts
- SHO Rajender Singh Dhaiya, Sub
Inspector Sher Singh and one Manoharlal
Narang to five years rigorous
imprisonment in connection with the
custodial death of one Jagannath at Lahori
Gate police station on the night of 1 and 2
May 1991. The deceased was allegedly
picked up by the accused policemen for
questioning and mercilessly beaten up in
custody that led to his death at St. Stephen
Hospital.8 In another judgement in June
2004 on custodial death of an auto-
rickshaw driver, the Delhi High Court held
the Delhi police guilty of violating the
Supreme Court guidelines to be followed
while arresting a person and imposed a
fine of Rs 5 lakh.9
In 2004, there were many incidents of
custodial death and arbitrary, summary
and extrajudicial deprivation of the right to
life.
On 16 January 2004, one Lacho Devi,
Delhi
50, a homeless disabled woman was
allegedly beaten up by a Delhi police head
constable, Kishanpal near Cannaught
place’s Super Bazar. According to
eyewitnesses, head constable Kishanpal
kicked Lacho Devi’s wheelchair, dragged
her out of it and threw her on the ground.
She was grievously injured. The
policeman was shooing away the homeless
on the road and shouted at the old woman
who could not push her wheel chair
because of her disability. The policeman
instead of rushing the victim to hospital
left her on the road writhing in pain.
Finally, the victim died at Lady Hardinge
(MLC. number 2599/04) on 19 January
2004 of suspected septicemia.10 The
eyewitnesses Ramesh and Nilo Devi who
were homeless themselves - claimed that
the New Delhi district police paid Rs
6,000 to them on 25 January 2004 in the
mortuary of the Lady Hardinge Hospital in
an attempt to silence them and influence
the investigation in favour of the accused
policeman. On 25 January 2004, the area
sub-divisional magistrate, I D Pandey,
summoned the two eyewitnesses and got
their statements recorded and
consequently doctors conducted a post-
mortem in the hospital.11
At around 11 a.m. on 25 February
2004, two army jawans Naik Sauri Raj of
Trichy in Tamil Nadu, and Sepoy Suresh G
from Chitoor in Andhra Pradesh along
with some other passengers at New Delhi
railway station reportedly beaten to death a
man accused of trying to steal the
belongings of the two jawans. The army
53
INDIA HUMAN RIGHTS REPORT 2005
personnel and other passengers allegedly
kicked and punched the deceased all over
the body due to which he suffered severe
internal injuries and collapsed on the spot.
He was rushed to hospital where he was
declared dead. The army personnel were
arrested.12
On 22 June 2004, an undertrial of
Tihar Jail, Nirmal Kumar, 40, of Nangal
Raya village in West Delhi allegedly
committed suicide using his shoestrings to
hang himself from the grill in Tihar jail no.
4. The jail officials claimed that Kumar
was depressed as he expected to be
awarded death penalty for the crime. He
had been undergoing trial for the past
seven years for raping and killing an 11-
year-old girl.13
On the evening of 5 July 2004, a
patrol party of the Sabzi Mandi police
station spotted one Promad hailing from
Sitapuri in Uttar Pradesh moving
suspiciously at the Nehru Park under Sabzi
Mandi police station in North district of
Delhi. The police arrested him under
section 109 Criminal Procedure Code and
lodged him inside the police station lock
up at 9 pm. According to the police,
following black out of the area due to load
shedding there was no light in the police
station for about one and half hour from
9.30 pm to 11 pm. At 10 pm, SHO Safdar
Ali saw the body of Pramod hanging by
his shirt from the grill gate of the lock up.
Constable Umesh Rai, who was on sentry
duty at that time, had gone to see the duty
officer to enquire about restoration of
electricity. Pramod was rushed to Hindu
54
Delhi
Rao Hospital where he was declared
brought dead.14
On the night of 16 August 2004,
Deepak Yadav, an alleged pickpocket died
under mysterious circumstances at Ram
Monohar Lohia hospital. While the
relatives of the victim alleged police had
beaten the deceased to death, the police
claimed he was a pickpocket and died
when he jumped out from the moving bus
in an attempt to flee on 12 August 2004.
He was then admitted to the Ram Manohar
Lohia Hospital where he died.15
At around 9.30 a.m on 11 May 2004, a
32-year-old rickshaw-puller Nandu, who
had entered Old Delhi railway station
without a platform ticket, was allegedly
beaten to death by an assistant sub-
inspector of the Railway Protection Force
(RPF) B.K. Singh and two other RPF men
on duty. The victim was murderously
assaulted for his unauthorized entry in the
railway station and using the toilet.16
III. Arbitrary arrest, detention and
torture
Arbitrary arrest and torture were
widely reported in Delhi. The victims
were tortured either to extract confessions,
obtain bribes, settle personal disputes or
sometimes due to lawless law
enforcement.
At around 2 p.m. on 15 February
2004, a businessman Nand Gopal
Aggarwal of Shastri Nagar was allegedly
beaten up for the failure to pay bribes at
Dhaula Kuan. He was allegedly taken to
the Chanakyapuri Police Station and
INDIA HUMAN RIGHTS REPORT 2005
forced to sign on a written statement that
some men beat him up and that the police
saved him from them. A departmental
probe into the matter was ordered.17
On 19 March 2004, two Delhi police
constables posted at the Sunlight Colony
police post in Srinivaspuri of East Delhi
allegedly picked up one Rajan Sharma, a
play actor of the Patri Pe Bachpan, while
he was playing ludo with two friends.
While his friend ran away, Rajan was
caught and picked up. On the way to the
Sunlight Colony police post, the
constables slapped and punched Rajan on
the face and kicked him on the back. Two
hours later when injured Rajan called up
his friends from Jamghaat, a street
children theatre group, the police realised
its mistake and offered Rs 50 to Rajan to
keep his mouth shut. No action was
allegedly taken against the two constables
despite submission of a written complaint
to the Station House Officer of
Srinivaspuri Police station.18
At around 10.30 pm on 11 June 2004,
a 42-year-old senior bank manager and his
14-year-old son, both residents of Mayur
Vihar in East Delhi were arrested by five
policemen when they were about to reach
their home. They forcibly took them to
Faridabad in Haryana and later to the
Malviya Nagar police station in Delhi. The
manager was reportedly made to sign
some blank papers. They were detained
illegally at the police station on cheating
charges for more than three hours. He and
his son were released only after the ACP of
the sub-division intervened at 3.30 am on
Delhi
12 June 2004.19
On 16 April 2004, three under-trials
were reportedly assaulted in Patiala House
Court’s transit lockup by the police
because one of the inmates Man Bahadur
picked two cups of tea, one for himself and
the other for his friend Lohman, who was
handicapped and had difficulties in
walking. The three undertrials- Bahadur,
Amir and Lohman - who were arrested in
2003 on charges of planning a dacoity,
were being produced in the court of
Special Judge H.P. Sharma. They
reportedly looked so unfit that the Special
Judge had to order their medical
examination. Bahadur was facing
difficulty in walking and Lohman had a
swollen mouth due to beating by the
police. The police, however, claimed that
the inmates fought amongst themselves for
tea.20
On 28 April 2004, an eight-year-old
boy, Sahil, was beaten and abused by a
police official after he had broken a glass
of the police officer while playing. He had
to be reportedly hospitalized. But, the
police refused to register any case despite
calling up the police control room. The
NHRC intervened in the matter.21
On 4 May 2004, one Tinku, a resident
of Jwala Nagar, Shahadara in East Delhi
was riding his motorcycle with his 13-year-
old brother, Sunny, reportedly without
helmets. The Station House Officer of
Vivek Vihar Police Station, Ram Niwas
Vashisht and his staff were in Kasturba
Nagar and signalled them to stop. Tinku
reportedly did not obey and sped off, but the
55
INDIA HUMAN RIGHTS REPORT 2005
police managed to intercept him. He was
taken to the police station, where he was
allegedly beaten up again. Police allegedly
booked Tinku and his brother in a false
Excise Act case and showed recovery of 13
bottles of liquor. On medical examination
of Tinku by doctors at Lok Nayak Hospital,
it was found that there was a severe vision
problem in his right eye. Tinku also had
head injuries.22 In response to a complaint
by Tinku, a vigilance inquiry was ordered
by East district Deputy Commissioner of
Police but the police allegedly refused to
register a case against their officers.23
On 14 May 2004, two-factory workers
Vishwanathan and Bodhan were arrested by
the Jehangirpuri Police Station in North
Delhi in connection with the rape of a five-
year-old girl in the Kondli area under
Jehanghirpuri police station limits. Both of
them were kept in police custody for some
time, and let off later after sustained
interrogation. On 4 June 2004, the police
allegedly nabbed Vishwanathan again and
interrogated him for the second time.
During the interrogation, a Sub-Inspector,
one Assistant Sub-Inspector and two
Constables started beating him. He was
reportedly first hanged upside down and
then rolled down. When he fell
unconscious, the police officials thought of
sending him to some Government hospital.
But owing to the fear of being exposed,
they finally decided to take him to a private
nursing home, Saroj Hospital on 5 June
2004 under a changed name.24
On 26 May 2004, Mahesh Sharma, a
polish factory owner of Anand Parbhat
56
Delhi
area of West Delhi, was allegedly stopped
by police at the picket carrying out
checking in the area. Following an
argument between Sharma and a constable
Shyam Vir Tyagi, Sharma was beaten up
by the policemen.25
On 9 July 2004, Anoop Singh, an
Assistant Sub-Inspector of the traffic
department of Delhi Police shot at driver
Surinder Singh for allegedly refusing to
pay bribes. Although Anoop Singh was
suspended and incarcerated for a month
and a half before his bail, he had allegedly
been threatening Surinder for filing a writ
petition seeking compensation for his
injuries.26
In August 2004, a 16-year-old street
boy alleged that he was forced to indulge
in “oral sex” with another 12-year-old as
“punishment” by some policemen of New
Friends Colony Police station. The victim
alleged that another associate of his was
sodomised. Taking cognizance of the
allegations by the victims, the Delhi Police
reportedly charged one of its officials,
constable Sambhu with sodomy under
section 377 of Indian Penal Code and
suspended him.27
On 5 September 2004, a Railway
Protection Force (RPF) constable
reportedly addressed as Cobra allegedly
beaten up a 12-year-old boy Sabir at the
Nizamuddin railway station. Cobra
allegedly took off Sabir’s clothes and
beaten him up with the belt.28
On 7 September 2004, a brick hit a 16-
year-old Jeetu during a quarrel amongst
children while playing in a park near
INDIA HUMAN RIGHTS REPORT 2005
Jawalapuri in Paschim Vihar. Somebody
called up the police control room and the
boys were taken to the Paschim Vihar
police station. Jeetu’s father, who washes
utensils with some dhaba, roadside
restaurant, was called to the police station
at about 3.30 p.m. Head constable, Inder
Singh allegedly demanded Rs 5,000 for
releasing the boy. When Jeetu’s parents
could not pay the money a fabricated case
was allegedly registered against Jeetu. He
was allegedly shown as a ‘major’ in the
police records and sent to Tihar Jail by
Inder Singh for not getting the amount of
bribe he sought from the boy’s parents.29
At around 11.45 p m on 27 December
2004, an activist of the Action Aid, S.K.
Ravi, was assaulted by a policeman in civil
dress for demanding to reveal his identity
before subjecting him to unwarranted
questioning. Ravi was returning to his
house on foot from his friend’s house in a
nearby area. A motorcycle-borne policeman
in civil dress intercepted him and started
questioning as to what was he doing so late
in the night.30
IV. Violence against women
A woman was reportedly raped in
Delhi every 24 hours in the first half of
2004.31 The law enforcement personnel
were also responsible for violence against
women.
On the evening of 27 May 2004, four
Railway Protection Force (RPF)
constables allegedly raped a 35-year-old
woman at the railway quarters in Daya
Basti near Sarai Rohilla, North Delhi. In
Delhi
her complaint to the police the woman
alleged that her house owner, constable
Jahan Singh, took her to another quarter
around 5.30 pm in the adjacent block for
showing it to her. Constables Tejpal,
Karamveer and Harshveer were allegedly
present there and drinking. She alleged
that when she turned back, they caught
hold of her and took turns to rape her.32
At about 10 p.m. on 22 July 2004,
Prem Singh Bajwa, a beat constable posted
with the Dilshad Garden police station
reportedly forced his way into the nurses’
hostel number 11 of Institute of Human
Behaviour and Allied Sciences (IHBAS),
Shahdara in East Delhi and allegedly
misbehaved with the inmates. He
reportedly made lewd comments and
attempted to molest some of the nurses.33
On 23 December 2004, a 32-year-old
woman of Kalkaji in south Delhi who runs
a boutique alleged that a Delhi police
constable Birendra Kumar had raped her
some time back. A case was registered
against the constable.34
Rekha Kaul, staff of Communication
Department at the police headquarters
allegedly assaulted and tortured her
domestic helper, a 12-year-old girl from
Gwalior, Madhya Pradesh. According to
the police, Kaul was forcing the girl into
prostitution. She was allegedly assaulted
with hot iron rods and chilli powder
thrown into her eyes. There were over 20
injury marks on the body of the victim. A
child helpline and Salaam Balak Trust got
a case registered under the Juvenile Justice
Act on 20 February 2004.35
57
INDIA HUMAN RIGHTS REPORT 2005
V. Atrocities against SCs/STs
The allegations of discrimination
against the Scheduled Castes and
Scheduled Tribes in Delhi particularly
related to access to education and jobs.
The Dalit and Scheduled Tribes
students’ organisations alleged that Delhi
University has not been following
reservation policy for the allocations of
seats. Out of the total sanctioned strength
of 45,000 students, about 10,125 seats are
to be reserved for the SCs/STs students.
The university reportedly reserved only
about 7,000 seats for the SC and ST
categories during the academic session
2004-2005. In 2003, DU had admitted
43,641 students and as per the norm of
21.5 per cent reservation for SCs/STs
students, DU was supposed to reserve
9,600 seats for students falling under these
categories. However, about 4,384 reserved
seats were reportedly not filled up.36
On 5 July 2004, a Delhi High Court
quashed the Central government’s
notification of 27 August 2003 directing
the Delhi government to reserve 7.5 per
cent seats of civil posts for ST candidates
irrespective of their native state. The
notification of the Central Government
was challenged by Ambedkar Foundation,
Delhi. The Delhi High Court ruled that as
Delhi did not have listed Scheduled Tribes,
there could be no reservation for them. In
its order, the court observed that for the
Capital city, there was no Presidential
notification listing any scheduled tribe
here, as required by the Constitution.37 In
September 2004, the Delhi government
58
Delhi
reportedly issued an order stating that only
those Scheduled Caste and Scheduled
Tribe families who have been staying in
Delhi before 1954 can obtain reservations
for the Delhi government jobs.38
VI. Prisons and prisoners
Country’s show-piece for prison
reform, Tihar jail continued to be
overcrowded. At the end of 2004, Tihar jail
had 12,610 prisoners against the sanction
capacity of 5050 prisoners. Amongst the
prisoners, 10,087 were undertrials.39 On 25
August 2004, the Delhi High Court
directed the Delhi government’s Home
Secretary to explain the delay in the
commissioning of the new jails in the city
meant to decongest Tihar jail.40 On 14
December 2004, Chief Minister Sheila
Dixit inaugurated a New District Jail in
Rohini with a capacity to lodge 1,050
prisoners.41
The Delhi High Court reportedly
granted bail to several aged persons facing
trial in criminal cases in its continuing
effort to provide time bound justice. The
miserable condition of several categories
of undertrials was brought to its notice by
the National Human Rights Commission.42
However, despite being ordered for
release on bail by the trial courts, 180
undertrials reportedly failed to secure their
release because they were unable to pay
the bail bond and surety amount. The
Delhi High Court in February 2003 on a
criminal writ petition filed by the Rotary
Club directed the trial courts to consider
their cases and take appropriate remedial
INDIA HUMAN RIGHTS REPORT 2005
measures.43
In many cases prisoners were not
released due to dereliction of duty even
after depositing the bail money or fines.
Girija Pandey, a resident of Badarpur who
was booked under the Narcotics Drugs and
Psychotropic Substances Act, 1985 was
convicted by the court. However, after
completion of her conviction, Additional
Sessions Judge (ASJ) Chandra Shekhar
released her on 23 March 2004. Despite
the court order, the Tihar jail authorities
did not release Pandey stating that the fine
was not paid. The court summoned the jail
officials to appear before the court and
explain the non-compliance of its order.44
An undertrial, Prithvi Puri was
reportedly forced to remain in prison for
two consecutive days despite the court
granting him bail. The police had
misplaced the bail bond furnished by him.
But the police claimed that they had not
got the pertinent document from the court
in the first place. Taking note of the breach
of discipline, on 15 July 2004, the
Metropolitan Magistrate issued a
showcase notice to the Station House
Officer while issuing bailable warrants
against the Investigating Officer of the
case. A diary entry against the police
officials was also recorded at Tilak Marg
police station for disobedience of the court
orders.45
In August 2004, the Delhi High Court
ordered a judicial inquiry into an alleged
case of custodial death of 26-year-old Hari
Om, who was arrested on 18 September
2000 and died in judicial custody on 21
Delhi
February 2000. Hari Om was facing trial
under the Excise Act was taken into
custody after failing to appear before the
Court on the date fixed in his case and his
surety was withdrawn. When Hari Om was
sent to the judicial custody, he was
reportedly hale and hearty. However, on
21 February 2000, he was declared dead
on arrival at Deen Dayal Upadhyay
Hospital after the Tihar Jail authorities
took him to the hospital. The screening
report at the time of his admission to the
jail reportedly indicated that he had three
“old wounds”, while a report dated 25
September 2000, made by the Sub-
Divisional Magistrate after his death,
noticed eight injuries. The postmortem
examination conducted on 26 September
2000 reportedly revealed 18 anti-mortem
(before death) external injuries on the
body. The postmortem examination
recorded the cause of death as “shock
caused by multiple injuries”. The wife of
the victim has been seeking punishment of
the culprits and compensation.46
On 26 August 2004, the Delhi High
Court sought explanation from Delhi
Government and police on a petition
alleging that Zafar Khan, an undertrial
died in Tihar Jail in August 2001 due to
non-supply of insulin injection. A report
by the Deputy Commissioner of Police in
June 2004 reportedly disclosed that “the
deceased was not administered any insulin
injection during his stay at Tihar Jail on
August 9 and 10, 2001, which according to
doctors could have led to development of
diabetic ketoacidesis.”47
59
INDIA HUMAN RIGHTS REPORT 2005
There were numerous allegations of
human rights violations in Tihar jail in
2004.
On 12 January 2004, the All India
Defence Committee on S.A.R. Geelani in a
complaint to the National Human Rights
Commission alleged that the Kashmiri
Muslim inmates inside Tihar Jail were
beaten up on the slightest pretext, tortured
by pushing poles up the anuses, being forced
to drink urine and deprived of drinking
water for days together by the jail officials.48
On 19 April 2004, a 24-year-old
undertrial in Tihar Jail, Vijay Kumar
allegedly committed suicide inside the jail
dispensary with the help of a towel. He
was facing trial on charges of dowry death
of his wife on 12 April 2004. A suicide
note that has been allegedly recovered
from the victim reportedly claimed that he
didn’t kill his wife and that he was
committing suicide, as he was unable to
bear the pain of her death. A magisterial
inquiry was ordered into the incident. 49
On 3 July 2004, 24-year-old Zohra, an
Afghan national, who had been under
going a term of 10 years imprisonment and
lodged at Jail No.6 of Tihar Central Jail
died in Deen Dayal Upadhyaya Hospital.
The other inmates of the jail alleged that her
death was caused by beating up by a jail
matron. Around 10 days before her death an
argument broke out between her and a jail
matron who allegedly punched and kicked
Zohra in the stomach. Zohra reportedly
sustained internal injuries and her condition
deteriorated leading to her death.50
Hundreds of women prisoners in Jail no.6
60
Delhi
rioted on 4 July 2004.51 The Delhi
government reportedly ordered the
exhuming of the body of Zohra following
allegations that sexual assaults by Anjum
Zamrooda Habib, a POTA detenue, Shaila,
a Pakistan national, Siddika, Tahira, Anjali
and one more caused her death.52
On 2 July 2004, Tanu Lal, son of
Umrao Singh and an undertrial, was
declared brought dead at Deen Dayal
Upadhyaya Hospital at around 5.30 pm.
The post mortem conducted on 7 July
2004 by a board of three doctors appointed
by the Delhi administration reportedly
found injuries on Lal’s back and
haematoma (blood collection) in the chest.
The cause of his death was stated as
“asphyxia/respiratory failure as a result of
severe pulmonary disease precipitated by
assault”. The report stated that all injuries
were ante-mortem in nature and were
consistent with being kicked by someone.
Tanu Lal had been allegedly bashed up by
the jail staff on 1 July 2004 and his
condition deteriorated at night, leading to
his death the next day.53
On the evening of 9 September 2004,
an inmate of Tihar jail, Omprakash lodged
at jail number 4, allegedly committed
suicide by hanging himself from an iron
grill with a bag belt. Om Prakash had been
admitted to the jail on 13 November 2003
on charges of dacoity.54
VII. Attacks on human rights
defenders
Human rights defenders working on
the Right to Information Act and social
INDIA HUMAN RIGHTS REPORT 2005
workers faced attacks from the criminal
groups.
On 21 August 2004, a social activist in
the Anand Parbat area, Asha Ram Gautam,
was severely beaten up for daring to
complain to the Lt Governor and the
Police Commissioner regarding the
alleged nefarious activities of land and
liquor mafia in the area. He was pulled
down from his scooter and mercilessly
beaten up with iron rods leading to the
fracture of his legs and hands. He was only
let off when his son, who was
accompanying him, managed to rally some
of the residents of the area to save his
father from the criminals. Asha Ram
alleged that the local police was fully
Delhi
involved with the mafia and therefore, the
police did not take any serious action
against them except registering a case of
bailable offence.55
On 13 December 2004, Ms Santosh, a
worker of an NGO, Parivarthan was
attacked by two youth near the Food
Commissioner’s office but the blade had
missed her by inches. The assailants
reportedly attacked her at the behest of
ration shop owners, who were furious over
their cheating of consumers being exposed.
On 30 December 2004, her throat was slit
by a youth soon after she had left
Parivartan’s office at Nand Nagri. She was
rushed to Guru Teg Bahadur Hospital where
the wide gash had to be stitched up.56 ■
61
INDIA HUMAN RIGHTS REPORT 2005 Delhi

62
C h a p t e r
7
Gujarat

I. Overview

R
uled by the Bharatiya Janata Party (BJP), Gujarat remained
one of the most intolerant States in India. Vandalizing of
paintings and physical assault by Bajrang Dal and Vishwa
Hindu Parishad symbolized intolerance.1
The police registered a case of rape and murder against Kadi
police station sub-inspector Rakesh Pathak, in whose residence a
woman constable, Shirin Karimbhai had received gunshot injuries
and died in hospital on the night of 25 November 2004.2 The NHRC
INDIA HUMAN RIGHTS REPORT 2005
directed the State government to pay
compensation of Rs 1 lakh for custodial
death of Haji Mohd Nabuji Tentwala in
1995. The NHRC registered 32 custodial
deaths in 1999-2000, 38 in 2000-2001, 52
in 2001-2002 and 51 in 2002-2003 in
Gujarat.3
However, major human rights
violations continued to revolve around the
Gujarat riots of February-March 2002 and
Chief Minister Narendra Modi. The
Supreme Court held the modern day Neros
responsible for the Gujarat riots while
transferring the trial of the Best Bakery
case from Gujarat to Maharashtra. While
the Supreme Court transferred a few cases
for trial outside of Gujarat, around half of
the communal violence cases i.e. 2,032 out
of 4,252 were closed down by Gujarat
Police after classifying them as “true but
undetected”.4
The alleged encounter death of Ishrat
Jehan Shaikh, Javed, Jishan Johar, and
Amjadali Akbarali Rana alias Salim was
termed by Peoples Union for Civil
Liberties and other NGOs as “One more
encounter for Modi’s sake?”5
Undertrials involved in the Godhra
carnage case alleged of harassment by jail
authorities during namaz and poor
medication inside the Sabarmati jail. Of
the 305 persons booked under Prevention
of Terrorism Act, 2002 for alleged
involvement in Gujarat riots and
subsequent crimes, only seven are
Hindus.6 As the Congress-led United
Progressive Alliance reaffirmed to repeal
POTA, the Gujarat assembly adopted the
64
Gujarat
Gujarat Control of Organised Crime
(GUJCOC) Act and referred to President
A.P.J. Abdul Kalam.7
Human rights defenders whether
noted dancer Mallika Sarabhai, Teesta
Setalvad, Fr. Cedric Prakash or Shabnam
Hashmi faced harassment, intimidation
and physical attacks for either attempting
to provide justice to the victims of Gujarat
riots or for exposing the truth about the
riots.8
Oppression of the Dalits continued
unabated in Gujarat. Stigmatization and
social boycott of the Dalit are common
irrespective of what positions they hold in
the government.9
Despite failure to rehabilitate all the
dam oustees, mainly the indigenous/tribal
peoples, in Maharashtra and Madhya
Pradesh on 13 March 2004, the State
government of Gujarat cleared an
additional 10 metres for the Sardar Sarovar
dam in clear violation of the Supreme
Court order of 2000.10 Although the
Narmada Control Authority’s website
shows ‘zero families’ for rehabilitation,
according to Narmada Bachao Andolan,
11,000 families remained to be resettled at
the current height of the dam at 110
metres.11
II. Gujarat riots: An eye view on
mutilated justice
The modern-day ‘Neros’ were looking
elsewhere when Best Bakery and innocent
children and helpless women were
burning, and were probably deliberating
how the perpetrators of the crime can be
INDIA HUMAN RIGHTS REPORT 2005
saved or protected. Law and justice
become flies in the hands of these
‘wanton’ boys.” - stated Supreme Court of
India on 12 April 2004 while ordering the
re-trial of the Best Bakery case in
Maharashtra under the jurisdiction of the
Bombay High Court.
Over 2,000 people, mostly Muslims,
were killed in the Gujarat riots following
the death of 58 Hindus, mostly Bajrang
Dal activists when the Sabarmati Express
caught flames at Godhra on 27 February
2002. The cause of the flame is in dispute.
But, the State’s complicity in the
subsequent riots is beyond doubt. The
State government of Gujarat set up a
commission of inquiry headed by Justice
G T Nanavati Shah. On 2 September 2004,
the United Progressive Alliance
government constituted another High
Level Committee headed by former
Supreme Court Judge U C Banerjee to
probe the incident.12 Though the Supreme
Court in its judgement of 12 April 2004
blamed the Gujarat riot on “modern day
Neros”, if the commissions of inquiries
into the riots that took place since India’s
independence are any indication, the
inquiry commissions into the Gujarat riots
will have different conclusions. The real
culprits will once go unpunished.
The 2002 riots haunted Gujarat. On 27
February 2004, Ganesh Nandubhai
Punwani was reportedly stabbed to death
by a mob of 50 persons at 12.15 pm near
Noorani Masjid, Varodara on the second
anniversary of the Godhra carnage.
Punwani was reportedly riding pillion on a
Gujarat
scooter with a Muslim friend when he was
chased and repeatedly stabbed on his
chest, killing him on the spot. Police
opened fire, killing 24-year-old
Mohammed Faheem on 26 February 2004.
Chotalal Limbasi Borse, who was injured
in the communal clash, succumbed to
injuries at SSG Hospital on 27 February
2004.13
The Supreme Court judgments on the
transfer of Bilqis Yakoob Rasool and Best
Bakery cases have given a ray of hope for
justice. In a few other prominent petitions
pertaining to transfer to outside of Gujarat,
the Supreme Court has yet to deliver
judgements. Yet, around half of the
communal violence cases - 2,032 out of
total 4,252 have been closed down by
Gujarat Police after classifying them as
“true but undetected”. In most cases, there
has been no effort at detection. On 17
August 2004, the Supreme Court directed
the Gujarat government to set up a 10-
member police team headed by the
Director General of Police to assess the
possibility of reopening post-Godhra riot
cases, which had been closed on the
ground that the accused could not be
traced. The apex court asked the team to
examine the FIRs in these cases along with
the closure reports filed by the prosecution
and decide, “whether fresh investigation
was required”.14
On 23 August 2004, Supreme Court
asked the Advocate General of Gujarat to
review the State Law Department’s
decision not to file appeals in about 200
riot cases in which the accused had been
65
INDIA HUMAN RIGHTS REPORT 2005
acquitted by the trial courts and to
recommend whether or not to prefer
appeals. The Supreme Court asked the
Advocate General to scrutinise in
conjunction with the State Law Secretary
all the orders of acquittals given by the
trial courts and suggest whether or not
appeal should be filed in these cases. The
Court further directed that in future, in all
cases pertaining to acquittal in riots cases,
the Advocate General’s view would be
taken into consideration by the Law
Department before deciding whether or
not to prefer an appeal.15 The Advocate
General informed that out of 217 cases, the
government had decided to prefer appeals
in 45 cases and 16 were under process and
the remaining 156 cases were pending
consideration.16
Obtaining justice remained
insurmountable because of the sheer
unwillingness of the State government to
prosecute the culprits. The lack of
protection for witnesses, threat to human
rights defenders, public prosecutors acting
more than defence lawyers and biased
judiciary at the state level were some of
the key reasons.
Best Bakery Case: Twists and turns of
the denial of justice
The Best Bakery case explains the
twists and turns of the denial of justice and
the difficulty in establishing justice.
Taking the entire chronology of events
right from the date of incident to the
judgement of the trial court and that of the
High Court, Supreme Court remarked “if
66
Gujarat
one cursorily glances through the records
of the case, one gets a feeling that the
justice delivery system was being taken
for a ride and literally allowed to be
abused, misused and mutilated by
subterfuge.”
“The investigation appears to be
perfunctory and anything but impartial
without any definite object of finding out
the truth and bringing to book those who
were responsible for the crime,” it said.
In a stinging criticism of the public
prosecutor, the court said he acted more as
a “defence counsel” and added “the trial
court in turn appeared to be a silent
spectator, mute to the manipulations and
preferred to be indifferent to sacrilege
being committed to justice.”
Chronology of events:
01.03.2002: 14 people were burnt
alive and six injured when a mob set
ablaze Best Bakery on the outskirts of
Vadodara in the aftermath of the February
27 Godhra train carnage.
10.03.2002: Case handed over to
crime branch police and 21 accused
arrested.
09.05.2003: Trial begun in the Fast-
Track court of Additional Sessions Judge
H U Mahida.
17.05.2003: Prime witness Zahira
Sheikh and her mother Shaherunissa
turned hostile in court.
27.06.2003: All 21 accused acquitted
by the trial court for want of evidence.
07.07.2003: At a press meet in
Mumbai, Zahira demanded retrial of the
case alleging that BJP MLA Madhu
INDIA HUMAN RIGHTS REPORT 2005
Shrivastava and others intimidated her and
her family into turning hostile.
11.07.2003: Zahira approached the
NHRC.
31.07.2003: NHRC moved Supreme
Court seeking retrial outside Gujarat.
07.08.2003: Gujarat government filed
an appeal against the trial court verdict in
High Court.
12.09.2003: Supreme Court termed
Gujarat government’s appeal in High
Court as an “eye-wash” and observed that
the state government should quit if it can’t
get the rioters punished.
27.09.2003: Gujarat DGP ordered
inquiry into Zahira’s allegations against
the BJP MLA and others.
29.09.2003: State government filed an
amended appeal in the High Court
admitting that trial was not held in a
conducive manner and seeks retrial and
quashing of earlier verdict.
06.10.2003: Vadodara police
registered a complaint by Zahira’s brother
Nafitullah against Shrivastava and four
others for allegedly having threatened
them to turn hostile.
07.10.2003: Bailable warrants issued
by High Court against all 21 accused.
09.10.2003: SC appointed former
Solicitor General Harish Salve as amicus
curiae in High Court.
21.11.2003: SC stayed trial in 10
major riot cases in Gujarat.
26.11.2003: Gujarat High Court
upheld the trial court verdict while
dismissing government’s appeal for a fresh
trial in the case.
Gujarat
30.01.2004: Supreme Court admitted
Zahira’s SLP challenging the High Court
judgement. Gujarat State too moved the
apex court against the High Court order.
02.04.2004: Supreme Court issued
notices to Gujarat Government on Salve’s
suggestions for transfer of major riot cases
outside Gujarat and setting up of a special
investigating team to look into riot cases.
12.04.2004: SC ordered re-
investigation and retrial of the Best Bakery
case in Maharashtra and removed the
public prosecutor.
21.05. 2004: Gujarat government
informed the sessions court Judge Abhay
Thipsay in Mumbai that it had appointed
Atul Mehta and T.S. Nanavati as public
prosecutors. Maharashtra government
announced a set of prosecutors, including
P.R. Vakil, Manjula Rao, Zaheeruddin
Shaikh and S.M. Vora. The sessions court
asked both parties to arrive at a consensus
by 5 July 2004, failing which they could
approach the Supreme Court.
On 5 July 2004: Special court put off
the trial in the Best Bakery case till 19 July
2004 with the Maharashtra and Gujarat
governments unable to resolve their
differences over the appointment of a
public prosecutor in the case.
19 July 2004: Special judge issued
non-bailable warrants against 10 of the 21
accused in the Best Bakery carnage.
9 August 2004: Supreme Court
criticised the Gujarat government for
appointing public prosecutors who
opposed non-bailable warrants against the
accused to handle the post-Godhra cases
67
INDIA HUMAN RIGHTS REPORT 2005
and asked it to ensure that it appointed a
Public prosecutor in the Best Bakery case
with the consent of the victims.
16 August 2004: Supreme Court
directed the Gujarat government to come
out with the notification, naming Mr PR
Vakil and Mrs Manjula Rao, as special
Public Prosecutor and assistant special
Public Prosecutor respectively, before the
next hearing in the trial court.17 The court
also directed the Gujarat government to
explain within four weeks the steps it had
taken to protect witnesses against attempts
made to intimidate them into withdrawing
their statements made to the CBI in the
case.
9 September 2004: Special court
directed prosecutor P R Vakil to submit
draft of charges against all 21 accused by
13 September 2004.18
15 September 2004: Prosecution
informed the special court that it proposed
to charge the 21 accused under various
IPC sections, including murder, attempt to
murder, rioting, conspiracy and common
intention.19
On 22 September 2004: Special judge
A M Thipsay charged 16 of the 21 accused
with various sections of IPC and ordered
the appearance of the first witness in the
case on 15 October 2004. He also
reportedly said that charges against the
remaining five accused would be framed
as and when they are arrested.20
On 5 October 2004: Reverting his
earlier testimony, one of the two
independent witnesses in Best Bakery
killings, Kallu Mian Sheikh, reportedly
68
Gujarat
recalled what he saw on 2 March 2002
when officers from the Panigate police
station took him to Best Bakery to witness
a panchnama being drawn.21
On 3 November 2004: Key witness to
the Best Bakery case, Zaheera Sheikh,
accused activist Ms Teesta Setalvad for
allegedly forcing her to “implicate
innocent persons” in the case.22
On 6 November 2004: Teesta Setalvad
reportedly filed an application in the
Supreme Court seeking a probe by the CBI
into the circumstances that led to the
witness’ including Zaheera’s about-turn.
Setalvad appealed the Court to investigate
why Zaheera wanted to depose under
police protection.23
III. Prisons and prisoners
Undertrials involved in the Godhra
carnage case alleged harassment by jail
authorities during Namaz and poor
medication inside the Sabarmati jail. During
a regular production of undertrials
conducted through video-conferencing by
special POTA judge Sonia Gokani on 20
January 2004, Maulvi Hussain Umarji, one
of the key accused, alleged poor medical
facilities inside the jail. Another accused,
Mohammed Hussain Kalota alleged that on
8 January 2004 jail authorities had beaten up
some prisoners while they were offering
Namaz after a scuffle between prisoners of
two barracks.24
The paucity of accommodation
remained an acute problem in all the
prisons in the State. Due to shortage of
space and accommodation, all jails
INDIA HUMAN RIGHTS REPORT 2005
remained overcrowded resulting in the
growth of homosexuality. Despite the
implementation of the “safe sex practices”
in nine jails of Gujarat, the Gujarat State
Aids Control Society reportedly treated
4,247 prisoners in Surat Jail alone.25
IV. Defenders at risks
Human rights defenders and Non-
Government Organisations continued to
face risk of security of life and liberty both
from the Hindu fundamentalist groups and
the government for their attempt to obtain
justice for the victims of Gujarat riots. The
state government including Chief Minister
Narendra Modi openly questioned the role
of the NGOs.26
In an application before the Supreme
Court, noted dancer Mallika Sarabhai
alleged that the Gujarat government has
been harassing her because she had moved
the SC seeking a CBI probe into the riot
cases. The State government had restricted
her movements and she was unable to
travel freely within and outside the
country. On 16 February 2004, the
Supreme Court ordered the Gujarat
government to lift restrictions put on her.27
As the restrictions remained despite the
Supreme Court directive, Sarabhai again
approached the Supreme Court in
February 2004. The police allegedly
harassed her on the basis of a “frivolous”
complaint over alleged misconduct of her
dance academy, Darpan. She alleged the
police had foisted a false case on her
because she had moved the SC seeking a
CBI probe into the riot cases.28
Gujarat
On 11 April 2004, VHP activists
allegedly assaulted three persons,
including Shabnam Hashmi, chief of an
NGO, Act Now for Harmony and
Democracy, in Vadodara. She was leading
a group to urge voters to elect a
government that “did not promote
communal hatred”. The VHP activists
allegedly barged into the venue of the
press conference, abused her and damaged
her vehicle. The VHP activists also
allegedly manhandled her, assaulted her
group members and threatened to rape and
kill her in the same manner in which
Muslims were killed and raped during the
post-Godhra communal riots. Two persons
were reportedly arrested on Hashmi’s
complaint.29
On 12 April 2004, activist Teesta
Setalvad, convener of the Citizens for
Justice and Peace, had to address her
meeting in the office of an NGO Prashant
in Ahmedabad amidst heavy police
security. Police were reportedly called
after activists of the VHP amongst whom
two of them are principal accused in the
Gulmarg Society communal riot case,
came to the office and allegedly threatened
Setalvad and the director of Prashant, Fr.
Cedric Prakash.30
On 10 June 2004, Father Cedric
Prakash was reportedly summoned by the
state CID following instructions from the
Chief Minister’s office. He was questioned
for about 90 minutes in connection with
his visit to the Sabarmati jail where POTA
detainees were lodged. Police Inspector
(CID Crime) J.G. Saiyed also inquired
69
INDIA HUMAN RIGHTS REPORT 2005
about Father Prakash’s visit to London in
December 2003 where he allegedly made
some inflammatory statements related to
Gujarat riot victims. He was earlier
questioned on 26 April 2004 and then on 8
June 2004 after the Home Department
forwarded an e-mail from a Mumbai-
based IT professional Vishal Sharma, who
quoted Father Prakash as telling a
magazine that minorities in Gujarat feel
unsafe. Father Prakash was allegedly
threatened that his passport would be
impounded for his ‘anti-national’ act.31
Vishal Sharma had earlier worked in the
Chief Minister’s Office during Modi’s
initial tenure in 2001.32
V. National Security Laws
Gujarat extensively invoked the
Prevention of Terrorist Activities Act,
2002. Prior to the repeal of POTA, the
Gujarat Assembly passed the Gujarat
Control of Organised Crime (GUJCOC)
Act and referred to President A.P.J.
Abdul Kalam.33
The Anti-Terrorist Squad (ATS), set up
to counter terrorist and anti-national
activities, did not reportedly book a single
case under the POTA. All the arrests were
made by Crime Branch and ordinary police.
Of the 305 persons arrested under POTA,
only seven were Hindus and the rest were
Muslims.35
On the night of 22 November 2004,
Crime Branch of Ahmedabad reportedly
arrested senior lawyer H N Jhala of the
Gujarat High Court and his junior Mustaq
Saiyed under POTA for their alleged
70
Gujarat
involvement in the ISI conspiracy case. The
police reportedly recovered two pistols from
Saiyed. The police claimed that the two
lawyers were involved in the conspiracy that
was planned to avenge the post-Godhra
communal violence of 2002.36
VI. Atrocities against the Dalits
Oppression of the Dalits continueds
unabated in Gujarat. Stigmatization and
social boycott of the Dalits are common.
On 7 March 2004, 32-year-old Ishwar
Patni in Ruppur in Mehsana district was
allegedly beaten when he went to the
center of the village to start water supply.
Dahiyabhai Nai, another Dalit also met
with the same fate when he raised voice
against the social boycott of Dalits by
high-castes. Dalit women reportedly had
to bring grocery, vegetables and milk from
a place 2 km away from their village, as
they could not buy anything from the
village grocers following the social
boycott. Many of the Dalit women
working as housemaids in high caste
families were sacked. The social boycott
against the Dalits reportedly began
following their refusal to part with the
cremation ground, which they had been
using for several years before it was
handed over to private trust for
construction of a private school.37
Dalits, irrespective of their posts or
positions, faced stigma and the same set of
problems ranging from temple entry to
drawing water from village wells. A lot of
high-ranking Dalit officials and politicians
reportedly continued to face
INDIA HUMAN RIGHTS REPORT 2005
discrimination in the society despite
enjoying a high status in the government.
Rajan Priyadarshi, a 1980 batch IPS
officer, does not have a free and dignified
life in his caste-conscious native Kadagra
village in Dehgam taluka in Gandhinagar
district, where till 2003 even the village
barber reportedly did not entertain Dalit
customers. It was reported that he could
not buy a house in the locality inhabited by
higher castes of the village and continued
to have a house in the ‘Dalit vaas’.38
Another Dalit, Jayantilal Parmar,
chairman of the Ahmedabad Municipal
Corporation’s standing committee, too
continued to have a house in the ‘Dalit
vaas’ of the Kukarwada in Vijapur taluka
in Mehsana district. He told reporters,
“Even if I want nobody would sell me a
house in the upper caste locality. The
social structure is such even today.”39
PK Valera, an IAS officer who retired
as commissioner (Fisheries) a few years
back, also reportedly faced similar
discrimination because of his Dalit
background. When Valera organised a
social gathering in his native Borisana
village near Kalol in 1997, the person
whom he had given the cooking contract
refused to clean up the utensils saying that
they would not wash utensils at a Dalit’s
place. Valera also worked as a director of
social welfare department in the state. He
told reporters that even today there are
people who do not accept a cup of tea at
his home in his village.40
Kanti Makwana, a retired DSP, was
reportedly not allowed to take out the
Gujarat
marriage procession of his son by the
upper caste villagers in Govana village in
Harij taluka in Patan district in 2003.41
VII. Atrocities against the
Adivasis
Despite failure to rehabilitate all the
dam oustees in Maharashtra and Madhya
Pradesh, on 13 March 2004, Gujarat
government cleared raising of an
additional 10 metres for the Sardar Sarovar
dam. The Supreme Court order of 2000
had clearly stated that permission to raise
the height can only be given after all three
states furnish Action Taken Reports
(ATRs) showing that every affected person
by the additional submergence has been
resettled. The Maharashtra government
refused to file the ATR saying it would
only do so when all families were
rehabilitated. Yet the height was raised.42
Although the Narmada Control
Authority’s website showed `zero
families’ for rehabilitation, according to
Narmada Bachao Andolan, 11,000
families remained to be resettled at the
height of the dam at 110 metres in
violation of the Narmada Tribunal Award
and the Supreme Court order of 2000.43
In addition, the conditions of 15,812
Tadvi tribals living in the six villages near
the Narmada dam remain precarious as
promises of rehabilitation and
development reportedly given by Pt.
Jawaharlal Nehru while laying down the
foundation stone of the Narmada dam in
1961 have not been kept. They were not
considered “project-affected”.44 ■
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INDIA HUMAN RIGHTS REPORT 2005 Gujarat

72
C h a p t e r
8
Haryana

I. Overview

R
uled by Indian National Lok Dal, Haryana faces no internal
armed conflict. However, atrocities perpetrated by Haryana
Police reflect the ills of law enforcement in the country. In
2004, arbitrary deprivation of the right to life, torture and other
harassment by police were common. But, the State government
failed to establish a State Human Rights Commission. This is despite
the fact that in February 2004, the Punjab and Haryana High Court
issued a notice on the establishment of a State Human Rights
INDIA HUMAN RIGHTS REPORT 2005
Commission.1
In a State where the imbalance of sex
ratio is 861 females for every 1000 males,2
buying of brides - the victims of
trafficking, is a common practice.
Panchayats across Haryana have been
acting as extra-constitutional authorities to
declare marriages of different gotras
(clans) invalid with virtual impunity.
While judicial interventions in a few cases
provided relief to the victims, no action
has been taken against such village council
members.
The National Commission for
Scheduled Castes and Scheduled Tribes
ranked Haryana as number two in 2003 for
atrocities against the Dalits. There has
been little improvement of the situations
of the Dalits.
The State government of Haryana has
taken little measures to rehabilitate the
persons who were displaced by industrial
projects in Panipat district.
II. Atrocities by security forces
i. Arbitrary deprivation of the right to life
The National Human Rights
Commission had registered 29 custodial
deaths in 1999-2000, 24 in 2000-2001, 39
in 2001-2002 and 47 in 2002-2003 in
Haryana.3
In 2004, there were many reports of
arbitrary deprivation of the right to life by
Haryana Police.
On the night of 25 February 2004,
Kailash was taken into custody by the
Criminal Investigation Agency (CIA)
personnel on suspicion of possessing
74
Haryana
charas, marijuana, and died in the police
custody in Jind town. He was allegedly
tortured till he became unconscious and
was dumped nearby his residence. He was
taken to the General Hospital of Jind
where the doctors declared him dead. The
police reportedly registered a case under
Section 302 of Indian Penal Code against
Assistant Sub-Inspector, Mr Heera Lal,
Head constable, Mr Jaipal and four other
police officials.4
On the intervening night of 12 and 13
June 2004, Sheo Chand, a resident of
village Dulet was killed in the custody of
the Bhuna police station in Fatehabad
district. He was earlier handed over to the
police after being tied with a rope by one
Pawan and his father Satish. He was also
beaten up following an altercation with the
two after buying and consuming liquor
from their shop. The shop allegedly did
not have a licence but liquor was sold in
connivance with the local police. The
police took him to Bhuna Police Station
and later moved him to the Community
Health Centre at Bhuna at about 2 a.m. in
the night in a serious condition. At 3 am,
he died. On 13 June 2004, the police
arrested the two shopkeepers who were
remanded to judicial custody in Hisar jail
for 14 days. A post-mortem of the body of
the victim was reportedly conducted on 13
June 2004. On 14 June 2004, the Judicial
Magistrate, Ms Ritu Y. K. Bahl remanded
Sub-Inspector Umed Singh, who was also
the Station House Officer (SHO) of Bhuna
police station to 14-day judicial custody.5
In early July 2004, two policemen,
INDIA HUMAN RIGHTS REPORT 2005
Havildar Dalip Singh and Assistant Sub-
Inspector Mahabir of Loharu police station
arrested a Dalit, Hari Singh, and allegedly
tortured him to death inside the police
station. His dead body was recovered from
a deserted well on 10 July 2004 with
multiple marks of torture. A medical
board, which performed a post-mortem
examination, had reported that he died due
to severe beating. The police however
refused to register a murder case.6
ii. Arbitrary arrest, detention and torture
Torture is an integral part of law
enforcement in Haryana. Police resort to
torture to extract confessions or
information, for extortion or simply to
settle personal enmity.
In early January 2004, a 20-year-old
mentally ill destitute woman was allegedly
beaten up by the police in the Palwal
police station in Faridabad district. The
activists of the Shakti Vahini, an NGO,
rescued the destitute woman hailing from
Madhya Pradesh. When the NGO activists
handed over the women to the police for
sending her to the Nari Niketan, the police
started beating her in front of them without
any reason.7
In September 2004, Head Constable
Rajender Singh Saini was arrested for
torturing Manish Kumar of Uttam Nagar,
Rewari district on 24 March 2003. Manish
Kumar was arrested for an alleged
abduction of a teenaged girl. He was
allegedly tortured by Head Constable
Rajender Singh Saini, Assistant Sub-
Inspector, Zile Singh and a few other
Haryana
policemen during detention. A medical
report of the PGIMS, Rohtak confirmed
that the victim had been grievously hurt
during the “inhuman treatment”. The
Punjab and Haryana High Court issued a
directive ordering IG (Crime Branch),
Haryana, to conduct a fresh investigation
into the matter, following which Rajender
Singh Saini was arrested.8
On 20 May 2004, Bhagwan Singh of
Joshi village and his 20-year-old son
Pawan Kumar were arrested by Assistant
Sub-Inspector Mohindra Singh. They were
allegedly tortured inhumanly during their
illegal captivity in Matloda police station
in Panipat district by Station House
Officer Baali Singh, Assistant Sub-
Inspector Mohindra Singh and four other
Criminal Investigation Agency (CIA)
staff. After torture, Bhagwan Singh was
released on 21 May 2004 but his son was
kept in illegal captivity. The SHO Baali
Singh and ASI Mohindra Singh allegedly
demanded a bribe of Rs 20,000 for the
release of his son. Pawan Kumar was
taken to CIA staff near Panipat Devi
Temple on 25 May 2004 where four police
personnel allegedly did not spare even his
private parts during torture. The NHRC
directed to take actions against the guilty
cops.9
On 14 May 2004, Rakesh, an army
personnel from 65 Engineering Unit
(Army) at Roorkee allegedly raped a
woman in Sargathal village under Gohana
Sadar police station of Sonepat district. He
was arrested in July 2004.10
On 25 September 2004, a youth
75
INDIA HUMAN RIGHTS REPORT 2005
named Tarun of Jamalpur Mohalla was
allegedly beaten up by the police in the
Civil Lines police station in Sonepat
because of a personal enmity with a
policeman. He was picked up from the
Ashok Nagar bazaar and taken to the Civil
Lines police station where he was beaten
up mercilessly without any crime.11
III. Female infanticide and
trafficking
The imbalance in sex ratio because of
female infanticide has been having
disastrous effects and a cause of major
crimes. The sex ratio in Haryana is 861
females for every 1000 males. To meet the
demands of marriage, women from Bihar
and Jharkhand are trafficked and bought or
sold as “brides” in many parts of Haryana.
They are abused and often pushed into the
flesh trade.12
Police sources reported in December
2003 that at least 5,000 girls from Assam
and West Bengal were “purchased” and
confined in various households in
Haryana’s Mewat region consisting of
Faridabad, Gurgaon and Rewari.13
However, due to lack of awareness and
unwillingness of authorities to coordinate,
strengthen inter-state links, lack of proper
collection of information and inefficient
handling of cases, little action was taken to
combat trafficking.
On the night of 26 January 2004, one
Sandhya (name changed) reportedly
lodged a complaint with the Chandni
Chowk police station in New Delhi
alleging that a woman from the Old Delhi
76
Haryana
Railway station abducted her in July 2003
and sold her to one Wazir at Sivan village
in Karnal district. An agriculturist of Ror
community, Wazir reportedly bought her
for Rs 35,000 as a bride for his unmarried
nephew, Joginder. Before she was sold
Sandhya was reportedly kept in Sivan
village for over a month, while her
abductors tried to strike a deal. She was
rescued by STOP, an NGO, with the help
of the Gurgaon police after she had written
a letter to her family giving details of her
whereabouts.14
On 29 December 2003, a 15-year-old
dalit girl, who was living with her cousin
at Hardwar in Uttaranchal, was reportedly
brought to Ambala by a woman, a native
of Ambala, and allegedly sold her to one
Satish and his brothers in Hassanpur
village, near Karnal on 31 December 2003
without the knowledge of the girl. It was
only when the village women commented
at her saying “Bahu to suthri sai” (bride is
beautiful) that she came to realise that she
had been married. She was repeatedly
raped by relatives of Satish till evening of
13 January 2004 when she managed to
escape from Satish’s house at Hassanpur
and reported the matter to the police
station at Madhuban. A medical
examination reportedly confirmed the
rape. On 14 January 2004, the police
arrested Satish.15
In July 2004, a minor girl from Assam,
identified as Padmavati, daughter of one
Sahil, alias Raghu, a resident of Tongla
village in the Kamrup district of Assam
was rescued by NGO, Shakti Vahini. She
INDIA HUMAN RIGHTS REPORT 2005
was kept in captivity near sector-6 of
Faridabad. She was brought along with
five other girls on pretext of providing
employment by a woman from Ranchi
where she had gone to attend a family
function.16
IV. Gotra injustice
While buying of brides is a common
practice in many parts of Haryana, the
village councils have been perpetrating
atrocities in the name of gotra.
On 11 October 2004, Rampal and
Sonia of Assanda village in Jhajjar district
who have been married for two years were
issued order to dissolve their marriage by
the Assanda village Panchayat and declare
themselves brother and sister as they
belonged to the same `gotra’ (caste).17 The
panchayat had even decided that Sonia,
who is pregnant with Rampal’s child,
would have to abort her child as it was
“illegitimate”. The NHRC intervened in the
matter.18 On 28 October 2004, the village
Panchayat decided to validate Sonia’s
marriage to Rampal and accept her back in
the village after Sonia’s father swore that he
belonged to the Hooda gotra.19
In October 2004, Jakholi village
Panchayat reportedly directed the breakup
of proposed marriage of Satyajeet
Kadiyan, son of Dr. Randhir Singh of
Jakholi in Kaithal district, with Pinki,
daughter of Pratap Singh Lohan of Ramra
Bhain in Jind. The caste Panchayat held
that no Lohan girl could be married into a
village where some Lohan families are
settled. The Panchayat also announced
Haryana
social boycott of Lohan families of Jakholi
village and imposed a fine of Rs 5,000 on
anyone found to be keeping relationship
with these families. The social boycott hit
the Lohan’s livelihood. Nobody would buy
from their shops nor shopkeepers from
other communities were ready to sell
goods to them. Even the chemists refused
to sell them medicines. Labourers refused
to harvest their crops fearing action by the
panchayat.20
On 7 December 2004, Supreme Court
directed the Haryana Police to provide
adequate protection to Hari Om from a
lower caste of Badshahpur village and
Manju belonging to an upper caste from
Gurgaon. They belong to different castes
and got married in a temple at
Muzaffarnagar in Uttar Pradesh on 21 July
2004. However, the village Panchayat
declared their marriage illegal. Both of
them had left their homes as they were
sure that their parents and village
panchayat would not approve of their
marriage. Manju’s parents filed a case of
abduction against Hari Om and the police
brought the girl back and restored to her
parents. Her parents forced her into second
marriage on 18 August 2004. But she fled
the house of her second husband and
returned to Hari Om at Muzaffarnagar.
Meanwhile, the village panchayats at
Badshahpur (Gurgaon) and Ladhpur
(Jhajjar) refused to recognize the marriage
and ordered that the girl should be
produced before them and sent back to her
second husband Pradeep of Ladhpur.
Feeling threatened by the diktats of
77
INDIA HUMAN RIGHTS REPORT 2005
panchayats, Manju and Hari Om moved
the Supreme Court.21
On 14 December 2004, Chander
Singh Mann’s son Birpal of Hadodi village
under Badhra subdivision of Bhiwani
district married the daughter of Chhatar
Singh Bhambhu of Basdi village despite
objections from villagers, as the bride was
allegedly the maternal niece of Sheoran
gotra. A panchayat was convened late on
the night where former Sarpanch Jawahar
Singh, who presided over the Panchayat,
authorized a 21-member committee to
decide about on the matter. The committee
recommended social boycott and
expulsion of the family of Chander Singh.
The Panchayat directed the couple to break
up by 20 December 2004. Following the
defiance, the village Panchayat ordered
social boycott and expulsion of the Maan
family from the village. The Panchayat
further warned that anybody ploughing the
fields of Chander Singh Maan or co-
operating with his family in any way
would invite rigorous punishment.22
V. Atrocities against the Dalits
The Dalits face many atrocities
ranging from lynching to murder, sexual
assault on women, public humiliation,
stripping, shaving off of the head etc.23
On the night of 9 July 2004, about 12
persons barged into the house of a Dalit at
Nahri village, Sonepat and allegedly
manhandled the members of the family
and raped a minor girl. The girl was taken
to the civil hospital in Sonepat for medical
examination.24
78
Haryana
A Dalit woman accused five members,
including two women, of the upper caste
family of Mohinder Singh of Dodhipur
village of molesting her and using abusive
language against Dalits on 12 October
2004. The victim, an Anganwari worker
stated she had gone to administer polio
drops to children in that area as part of her
duty when the incident happened.
Although she reported the matter to the
police on that day, the police allegedly
refused to lodge her complaint. An FIR
was registered on 3 December 2004 after
several days of dharna outside the office of
the Samalkha Deputy Superintendent of
Police. A case was filed against five
members of the upper caste family under
relevant sections of the 1989 Prevention of
Atrocities against Scheduled Castes and
Scheduled Tribes Act. But at the same time
the police also registered a counter-FIR
allegedly lodged by a woman of Mohinder
Singh’s family accusing Karan Singh,
husband of the Dalit woman, of raping her
on 11 October 2004. No medical
examination of the alleged rape victim was
conducted nor a case was registered
against Karan Singh on that day. These
were allegedly part of the strategy to reach
compromise.25
Risal Singh Rathee, a disabled Dalit
employee of the postal department, has
allegedly been victimised by his
department. He was able to get the order
of his pre-mature retirement in February
2004 reversed and was re-instated in June
2004. However, the postal department
officials reportedly stopped his salary for
INDIA HUMAN RIGHTS REPORT 2005
the intervening period between his
“retirement” and re-instatement. They
also delayed his wages for about three
months after he had joined the duty
again.26
VI. Internally Displaced Persons
The State government of Haryana has
taken little measures to rehabilitate the
persons who were displaced by industrial
projects in Panipat district.
Pollution caused by the Tau Devi Lal
Thermal Power Station in Panipat
reportedly displaced over 10,000 residents
of the five villages of Khukhrana, Sutana,
Jatal, Aasnkala and Asankhurd in the
vicinity of the plant. The release of the
huge quantity of fly ash waste by the
thermal plant has been polluting air,
groundwater, agricultural land and
atmosphere. It has resulted in serious
health hazards like asthma, skin and eye
diseases. After 20 years of the plant’s
functioning, hundreds of tonnes of ash
waste up to 30 feet high have been
collected in the dumping ground. Many
villagers have migrated to other places
Haryana
without any compensation. The situation
will further worsen as two more units of
250 MW capacity each will start
functioning.27
In September 2004, the displaced
families of Bohli village in Panipat
district, whose thousands of acres of land
was acquired by Indian Oil Corporation
Limited to set up a refinery about a
decade ago requested the Chief Justice of
the Punjab and Haryana High Court to
constitute a committee to look into their
rehabilitation. Over one-fourth of the 483
displaced families of Bohli village were
yet to be rehabilitated in New Bohili
village, especially carved out for them.
The basic facilities have not been
provided to even those families in New
Bohli. The then Chief Secretary of
Haryana had reportedly assured the
displaced persons on 12 November 1992
that at least one person of each displaced
family would be provided job in the
refinery but it has not been implemented.
The PIL filed before the High Court three
years ago has been pending
determination. 28
■
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INDIA HUMAN RIGHTS REPORT 2005 Haryana

80
C h a p t e r
9
Himachal Pradesh

I. Overview

R
uled by the Congress Party, Himachal Pradesh’s reservation
with the State Human Rights Commission continued. On 6
January 2004, the Himachal Pradesh High Court issued
notice to the State government on the appointment of a Chairperson
of the State Human Rights Commission in conformity with the
provisions of the Human Rights Protection Act of 1993 which
provides that only a retired Chief Justice of the High Court can be
appointed as the Chairperson.1 It was only at the end of 2004 that Mr
INDIA HUMAN RIGHTS REPORT 2005
N.C. Jain, a retired Chief Justice of the
Karnataka High Court was appointed as
the Chairperson of the Himachal Pradesh
State Human Rights Commission.2
The law enforcement personnel
continued to use disproportionate force.
On 11 February 2004, the Himachal
Pradesh police violently dispersed a
peaceful demonstration by the Tibetans at
McLeodganj, Dharmasala. They were
marching to Delhi to participate in the
Tibetan Uprising Day celebrated on 10
March. Police dispersed the march on the
ground that they had not obtained any
permission. When Vice-President of the
Tibetan Youth Congress, Samphel Tenzin
opposed it, he was reportedly assaulted
without any provocation. The policeman
physically dragged nuns, monks and
elderly marchers. One 81-year-old Dorje
reportedly received blows on the head and
other parts of the body. A policeman also
snatched the camera of ANI cameraman
Hemant.3
The Dalits faced atrocities from
physical abuse to segregation by the upper
castes.
The lack of proper rehabilitation
negatively impacted the enjoyment of
human rights by victims who were
displaced by National Thermal Power
Corporation in Arki tehsil of Solan and the
Pongi dam.
II. Atrocities against the Dalits
Although on 1 December 2004, four
upper castes - Baldev Singh, Tej Singh,
Janti and Chino, all residents of Behi
82
Himachal Pradesh
Pargna Himgiri village were convicted by
Special Judge, Chamba, under Sections
447, 427, 379 and 34 of the Indian Penal
Code and Section 3(1) of the Scheduled
Castes and Scheduled Tribes (Prevention
of Atrocities) Act, 1989, the Dalits
continue to face atrocities.4 The four were
sentenced for destroying the house of Ms
Ramdei, wife of Rasalu of Behi Pargna
Himgiri village, belonging to ‘Chamar’
community, one of the Dalit groups. The
government of Himachal Pradesh had
allotted two bighas of land in Behi village.
But the accused objected to the allotment
stating that they would not allow a
‘Chamar’ to reside near their house and
demolished Ramdei’s house.5
On the night of 27 March 2004, two
members of a Dalit family, Kapoor Singh
and his son Shalig Ram, were allegedly
beaten to death by a mob in a suspected
case of caste rivalry at Motipur village in
Sirmaur district. Around midnight, armed
persons reportedly dragged them out of
their house and beaten them to death.6
On 20 April 2004, one Mast Ram, a
Dalit resident of Nagta village in Kangra
district, was allegedly beaten by four
youth belonging to upper caste of the same
village while he was returning home. He
was also threatened with dire
consequences if he disclosed their identity
to the police. For five days the victim did
not reveal the names of the culprits and
continued to get treatment from a private
clinic. Later, when his condition
deteriorated he related the incident to one
of his relatives, who immediately shifted
INDIA HUMAN RIGHTS REPORT 2005
him to the Civil Hospital, Palampur.
Doctors referred him to the Zonal
Hospital, Dharmshala, where he was
declared brought dead. The Baijnath
police reportedly arrested all the four
accused.7
On 10 September 2004, a Dalit
woman, Sudesh Kumari, was allegedly
assaulted by some upper caste people, who
also dismantled an extension of a temple
the victim had constructed on her own land
at Bali village. The victim alleged that the
Kotla police refused to lodge her
complaint, and instead asked her to go to
Shahpur police station for the same. She
approached the Kangra district Deputy
Commissioner for appropriate action.8
On 18 September 2004, three Dalit
boys - Vijay, Monu and Vipan - all
students of class fifth in a boys’ primary
school in Nadaun in Hamirpur district
were allegedly made to sit separately from
other students by their teachers when they
were being served mid-day meal in the
school.9
Dhian Chand, a Dalit youth of the
Anoo area of Hamirpur district, accused
the Hamirpur police of torturing him and
trying to assault him sexually in the
police station on the night of 22
December 2004. Dhian Chand, a former
state-level hockey player, was stopped by
two police personnel near the Sabji
mandi and took him to the police station.
There he was allegedly beaten up and his
clothes were also torn.10 Dhian Chand
was taken to hospital and examined.11
The Station House Officer of Hamirpur,
Himachal Pradesh
Mr Ramesh Chand Rana dismissed the
complaint as baseless and untrue. He
however, reportedly admitted to have
slapped Dhian Chand on the cheek
once.12
III. Internally Displaced Persons
The Himachal Pradesh government
failed to take effective measures to
rehabilitate the persons displaced by
development projects.
About 70 families from the Mangal
area of Solan district were reportedly
rendered landless after they surrendered
their land for the National Thermal Power
Corporation in Arki tehsil of Solan district.
These displaced families have been given
initial relief ranging from Rs 15,000 to Rs
60,000. But the State government could
not rehabilitate them due to unavailability
of suitable land. In 2002, the state
government had formed a sub-divisional
level committee headed by the Solan
district Deputy Commissioner to speed up
rehabilitation work. While their land
acquisition value is yet to be ascertained
the committee has reportedly been facing
with an uphill task of finding suitable land
for rehabilitating these families. A piece of
land measuring 30 bighas was selected for
their rehabilitation. The land fell in
Hawani Kol, Padiyaar and Barel villages,
but certain irritants arose regarding
construction of seven-km road. Besides,
with the provisions of the Forest
Conservation Act, 1980 prohibiting
diversion of any forest land for a non-
forestry purpose, permission of the Central
83
INDIA HUMAN RIGHTS REPORT 2005
government have not been sought.13 It is
clear that the State government had made
no arrangement for the displaced persons.
On 28 January 2004, the Supreme
Court reportedly ordered the transfer of the
Pong Dam oustees’ case to the Himachal
Pradesh High Court for mitigating the
rehabilitation problems of 16,352 families
who were uprooted over three decades
ago. The order for the transfer of the case
to High Court was made given the fact that
a majority of the affected families were
staying back in the state instead of moving
to the Indira Gandhi Canal area in
84
Himachal Pradesh
Rajasthan, where they were to be
rehabilitated. Two oustees’ organisations -
the Pradesh Pong Bandh Visthapit Samiti
and the Himachal Pong Dam Oustees
Welfare Committee - in a joint petition
before the Supreme Court alleged that out
of the 16,352 eligible families, land had
been allotted to only 2,538 families in the
Indira Gandhi canal area of Rajasthan
while allotments of 6,658 other families
had been cancelled. Many of the families
had not even been issued relief eligibility
certificates by the Himachal Pradesh
Government.14 ■
C h a p t e r
10
Jammu and Kashmir

I. Overview

R
uled by the Peoples Democratic Party (PDP) and Congress
alliance, Jammu and Kashmir reportedly witnessed nearly
one-fourth decrease in insurgency related violence in 2004 in
comparison to 2003. There were 2,565 militancy-related incidents in
2004 as against 3,401 incidents in 2003. Similarly, the number of
civilian killings has also come down from 836 in 2003 to 733 in
2004.1
INDIA HUMAN RIGHTS REPORT 2005
The Central government and the All
Party Hurriyat Conference held
inconclusive parleys. However, human
rights violations both by the security
forces and the armed opposition groups
(AOGs) continued to be extensively
reported from Jammu and Kashmir.
The security forces were responsible
for arbitrary deprivation of life. Since its
coming to power two years ago Mufti
Mohammed Sayeed government has
reportedly ordered as many as 54 inquiries
into alleged extra-judicial killings and
other human rights violations.2 These
included the killing of 17-year-old
Rizwam-ul-Haq and Muzaffar Ahmed
Ganai of Pulwama district on 10
September 2004.3
There were also reports of enforced or
involuntary disappearances. Although on
22 January 2004, then Home Minister, L.K
Advani reportedly ordered an inquiry into
disappearances of at least 18 persons at the
request of the Hurriyat Conference,4 over
6,000 reported cases of disappearance
remain unresolved.5
Arbitrary arrest and detention of
political activists is commonplace.
Torture is not confined in Kashmir
alone. On 12 February 2004, an elderly
transporter, Manohar Lal Gandotra was
allegedly tortured to death at Pacca Danga
police station in Jammu district after being
picked up by police team headed by
Inspector Vijay Paul Singh.6
The armed opposition groups like
Save Kashmir Movement, Harket-i-Jehad
Islami, Tehreek-Jehadi Islami, Laskar-e-
86
Jammu and Kashmir
Toiba, Hizbul-Mujahideen etc have been
responsible for blatant violations of
international humanitarian law standards
by resorting to medieval forms of torture,
kidnapping and hostage taking. After the
announcement of the Lok Sabha polls in
Jammu and Kashmir along with the rest
of the country on 1 March 2004, armed
opposition groups stepped up attacks to
derail the electoral processes. As many as
242 persons including 69 civilians, 138
armed opposition group members and 35
security personnel were reportedly killed
in the violence during the parliamentary
elections.7 Political activists became the
special target. In 2004, 62 political
activists respectively 35 from Peoples
Democratic Party, five from the Congress
and 16 activists of the opposition
National Conference were killed by the
armed opposition groups.8 Political
activists of the over ground Kashmiri
separatist political parties also became
specific targets.
Women in Jammu and Kashmir
remained extremely vulnerable. They have
been specific target of violence by both the
security forces and the armed opposition
groups. Although the army authorities
initiated appropriate action against Major
Hussain Rehman for outraging the
modesty of the wife and 10-year-old
daughter of one Abdul Rasheed Dar in
Bader Payeen-I under Handwara tehsil in
Kupwara district,9 most complaints of
violence against women including rape
went unpunished.
Women became victims of torture,
INDIA HUMAN RIGHTS REPORT 2005
stabbing and rape by the armed opposition
groups. The AOGs also chopped off the
ears, noses and tongues of women. In 4
July 2004, alleged members of the Harkat-
ul-Mujahideen kidnapped Mariam Begum
from her house in Manoh village in Doda
district, raped her and then chopped off her
ears, nose and tongue10 in retaliation for
the surrender of her brother, Abdul Latif,
an armed cadre of the Harkat-ul-
Mujahideen.
Prison conditions were deplorable.
Hundreds of detenues and undertrials have
reportedly been languishing in different
jails because of the delay in their trials due
to unavailability of escorts. A number of
them have allegedly turned insane due to
prolonged incarceration.11 Over 500
persons were reportedly detained under
the Public Safety Act (PSA) at the
beginning of 2004 despite the release of
326 PSA detenues by the government
since the PDP came to power.12 About
eighty two persons were also detained
under the POTA at the beginning of 2004.13
While the plight of 2.5 lakhs displaced
Kashmiri pandits received necessary
attention14 and the Central government
reportedly agreed in principle to release Rs
150 crore to set up the two room sets for
them,15 the conditions of the 60,000
displaced persons from border areas
remained deplorable.16 The State
government had taken a few measures to
resettle them. Chairman of Border Migrant
Action Committee, Chajju Ram of Nikkian
village in Khour block of tehsil Akhnoor in
Jammu district died on 2 March 2004 after
Jammu and Kashmir
being beaten up on 27 February 2004 at Kot
Ghari while protesting against the lack of
their rehabilitation.17
A survey conducted by the Tribal
Research and Cultural Foundation, a NGO
revealed that 67 per cent Gujjars and
Bakerwals tribes were not in a position to
manage two time meals, proper shelter and
fodder for their livestock. The houses
erected by Gujjars for themselves were
unhygienic and without proper light and
ventilation facilities, resulting in more
than 43 per cent Gujjar women, 23 per
cent Gujjar males and a sizeable
percentage of children suffering from T.B,
asthma, bronchitis and other diseases. The
survey further revealed that 71 per cent of
Gujjars were not aware of schemes offered
by the State and Central governments for
their uplift and betterment.18
II. Atrocities by security forces
i. Disappearances
With 6,000 alleged pending cases,
enforced disappearances continued to be a
key human rights crisis in Jammu and
Kashmir.19 The Association of Parents of
Disappeared Persons (APDP) alleged that
121 persons have disappeared in Kashmir
since the PDP-Congress government came
into power in November 2002.20 The
Jammu and Kashmir Human Rights
Commission reportedly received 27
complaints of disappearances in 2003
alone.21 On 22 January 2004, then Union
Home Minister, L.K Advani reportedly
ordered an inquiry into disappearances of
87
INDIA HUMAN RIGHTS REPORT 2005
at least 18 persons at the request of the
Hurriyat Conference.22 In August 2004, the
Jammu and Kashmir High Court directed
the police to register a case into the
enforced custodial disappearance of
Muhammad Maqbool Bhat and Naseer
Ahmad Dar who were allegedly arrested
by the Central Reserve Police Force from
Batamaloo 14 years ago.23
In February 2004, many villagers
were reportedly taken as labourers by the
security forces to work on the fencing of
LoC in Karnah sector. However, Ghulam
Mohamad Bhat and Ali Mohamad Bhat,
both sons of Abdul Khaliq Bhat, residents
of Reshi village in Chowkibal and Siraj-
ud-Din of Filimarg village in Kupwara
district did not return. The security forces
also did not offer any explanation for their
apparent disappearances.24
On 4 May 2004, demonstrations were
held to protest the alleged disappearance
of a 32-year-old Mohammad Shaban, son
of Wali Mohammad of Haripora Village in
Handwara town in Baramulla district after
some persons in civvies allegedly picked
him up a few days earlier. He was
reportedly taken in a vehicle bearing
registration number JK-01F 9686.25
At about 11.30 pm on the night of 16
June 2004, Mohammad Latief Michal, a
resident of Hardushiva-Sopore allegedly
disappeared after being taken into custody
by security forces.26
ii. Arbitrary, summary and extrajudicial
executions
The central security forces, Jammu
88
Jammu and Kashmir
and Kashmir para-limitary forces like the
Special Task Force (STF) and Special
Operation Groups and vigilante group,
Ikhwanis, continued to be responsible for
arbitrary deprivation of the right to life.
The security forces also reportedly used
civilians as “human shields” during
cordon and search and other counter
insurgency operations. The villagers were
reportedly forced to go ahead as “Road
Opening Party” for clearing the mines and
other explosives without any equipment
and help from the army. Those who die in
cross fires were allegedly labeled as
“militants”.27 Strangely, National Human
Rights Commission did not register a
single case of custodial death in 1999-
2000 and 2001-2002. It registered only 1
case of death in judicial custody in 2000-
2001. NHRC also did not register a single
case of custodial death either in police,
judicial or armed forces’ custody in 2002-
2003.28
In December 2004, the Delhi High
Court in a writ petition for protection of
life by constable Subash Rathod of the
42nd Battalion of the Border Security
Force posted at Jammu and Kashmir
sought explanations from the government.
Constable Rathod alleged that his unit
Commandant Narender Singh had been
harassing him for disclosing the
extrajudicial execution of a Kashmiri
youth by Singh in a fake encounter on the
intervening night of 7 and 8 September
2003 in Nakbal sector of Budgam district.
Mr Singh allegedly attempted to kill the
petitioner in a bunker in February 2004.29
INDIA HUMAN RIGHTS REPORT 2005
Since its coming to power two years
ago the PDP-Congress coalition
Government led by Mufti Mohammed
Sayeed ordered as many as 54 inquiries to
probe extra-judicial killings and other
human rights violations. Only 1 probe was
concluded by 2004.30
On the night of 10 January 2004, the
personnel of the 54 Rahstriya Rifles
reportedly shot dead a tea-stall owner
Abdul Gafar, resident of Suwari near
Rashtriya Rifles Brigade Head Quarter
Kotranka in Budhal area of district
Rajouri. The security personnel allegedly
opened heavy firing after they heard a big
bang caused by closing of the bathroom
door by the deceased.31
On 11 March 2004, a 16-year-old boy
Javid Ahmad Dar was allegedly shot death
by the Rashtriya Rifles troops at Payer-
Jageer village in Pulwama district allegedly
without any provocation.32
On 15 May 2004, security forces
allegedly shot dead an innocent teenaged
boy Firdous Ahmad Lone at Ganawpora
village in Sophian area. Lone was
reportedly playing cricket along with some
other youths. When they saw the security
forces, they ran. The security personnel
opened fire on them, killing Firdous on the
spot.33
On the night of 9 June 2004, a night
patrolling party of security forces opened
fire on two farmers-Ghulam Mohammad
Mir and Fayaz Ahmad while the two were
watering their field in the village in
Pulwama district. While Mir died on the
spot, Fayaz was seriously injured.34
Jammu and Kashmir
On 5 July 2004, two youth from Kota
village in Damhal Hanjipora in Qazigund
in Anantnag district, Ghulam Mohammad
Naikoo and Abdul Rasheed, who were
working as labourers in Srinagar, had
reportedly gone missing. The villagers
came to know that the two have been
killed and buried at a local graveyard at
Lamad village in Qazigund. Upon
exhumation at the direction of the
Anantnag district administration on 27
July 2004, the two corpses were identified
to be of the two missing labourers. While
the locals said the deceased were innocent,
the army claimed the two were members
of armed opposition groups and were
killed in an encounter.35
The Jammu and Kashmir Police
registered a murder case against the army
personnel for the killing of 17-year-old
Rizwam-ul-Haq and Muzaffar Ahmed
Ganai of Pulwama district on 10
September 2004. The State government
also ordered a probe into the killing.36
On 22 September 2004, the army
personnel reportedly arrested one
Mohammed Yousuf Khan of Karnah in
Kupwara district. Four days later his body
was handed over to the Karnah police on
26 September 2004. Thousands of people
reportedly staged demonstrations
demanding probe into the killing. 37
On 15 December 2004, Border
Security Forces at Hathi Shah bridge in
Jamia Qadeem area of Sopore in
Baramullah district reportedly shot dead
three youth. The BSF claimed that they
were members of the armed opposition
89
INDIA HUMAN RIGHTS REPORT 2005
group and were on a suicide mission upon
the BSF camp. However, one of the
deceased, Fayaz Ahmad Peer was found
out to be a medical assistant of Sub
District Hospital, Naw Hamam-Sopore.
Fayaz, a resident of Machipora-Sopore
was reportedly heading towards the Block
Medical Office, Sopore to collect his
salary when the security forces opened fire
on him.38
The security forces also reportedly
used civilians as human shield and to clear
mines with bare hands. On 6 February
2004, Mohammad Yaqoob, Mohammad
Aslam, Farooq Ahmed, Sakhi Mohammad
and Ghulam Jeelani- all residents of
Bandipore town in Baramullah district
who were taken as porter were allegedly
used as “human shields” by the Jammu &
Kashmir Rifles. On 8 February 2004,
thousands of people demonstrated against
their killings as “human shields”.39 In the
evening of 12 December 2004, Abdul
Qadir Waza, a resident of Wussan-Pattan
in Baramulla district was critically
wounded after the Rashtriya Rifles
personnel allegedly forced him to check an
Improvised Explosives Devise (IED)
planted by the AOGs.40
The vigilante group, known as
Ikhwanis, were also responsible for
extrajudicial executions. One Abdul
Rashid Bhat, a resident of Narbal area,
Srinagar was allegedly picked up by a joint
team of SOG and some Ikhwanis on the
night of 16 February 2004 and later killed
in custody.41 On 17 February 2004, people
of Narbal area in Srinagar district held
90
Jammu and Kashmir
demonstrations against the killing of Bhat
by the Ikhwanis.42
The Jammu and Kashmir State Police
have also been responsible for arbitrary
killings.
At 8 am 12 February 2004, Immam
Mohammad Hafiz Pir, Akhtar Hussain and
Pervez Ahamad residents of village Chapri
under Doda district had reportedly gone to
village graveyard for offering prayers. A
team of Special Task Force came to the
graveyard and fired upon them without
any reason. While the local Imam died on
spot, the other two persons received minor
bullet injuries.43
On 12 February 2004, a police team
headed by Inspector Vijay Paul Singh,
SHO Pacca Danga police station in Jammu
district picked up an elderly transporter of
the area, Manohar Lal Gandotra. He was
taken to the Police Station and was
allegedly tortured to death. The
postmortem was allegedly done without
informing the family. The doctors, who
conducted the autopsy, were also allegedly
pressurized for providing favourable
report. The body of the deceased
reportedly bore injury marks on the head
and lower abdomen. The police forcibly
took signatures of the relatives of the
victim before handing over the dead body
to them for last rites.44
At about 2 am on the intervening night
of 10 and 11 May 2004, some policemen
from Utrosoo police station reportedly
barged into the house of Abdul Rashid
Khan at Brari Angan in Anantnag district
posing as Lashkar cadres and demanded
INDIA HUMAN RIGHTS REPORT 2005
several lakhs rupees as ransom. When
Khan confronted the imposters, they
opened fire, killing him and injuring four
others. People from the neighbourhood
gathered and apprehended the two
imposters, who were identified as
Assistant Sub-Inspector Mohammad
Yousuf and constable Farooque Ahmad.
Three of them managed to escape.45
The use of disproportionate force
against the protestors of human rights
violations also resulted in arbitrary
deprivation of the right to life. On 26
February 2004, Mushtaq Ahmad Wani was
reportedly killed and two others,
Mohammad Akbar and Suhail Ahmad,
were wounded when police opened fire at
the demonstrators at Bandipore town in
Baramullah district. The villagers were
reportedly protesting against the torture of
two villagers Ghula Mohammad Bhat and
Abdul Ahad by the security forces after
they refused to accompany them to a forest
area.46
On 29 November 2004, a contingent
of the Rashtriya Rifles launched a search
operation in the area of Hushroo village in
Budgam district early in the morning and
allegedly picked up a group of local youth
and subjected them to torture. The
villagers protested and attempted to break
the cordon. As the protesters started
marching towards the Teshil headquarters,
the troops allegedly opened fire on them
resulting injuries to three of them. Two of
them, Farooq Ahmad Wani and Ghulam
Hassan Mugloo later succumbed to their
injuries in a local hospital. The army
Jammu and Kashmir
claimed that the civilians got killed in
crossfires.47
On 29 November 2004, an elderly
civilian, Abdul Khalid Sheikh was
reportedly killed and four other injured
when troops of the Rashtriya Rifles
allegedly opened fire on demonstrators
during a cordon and search operation at
Hakabara-Hajan in Baramulla district.48
On 25 December 2004, BSF jawans
allegedly shot dead a mentally challenged
person, Shamshad Ahmad Ganai at
Sherbagh near Nowdal in the Tral area in
Pulwama district after he did not stop on
their order.49
iii. Arbitrary arrest, detention and
torture
The arrest of political activists has been
a common practice in Jammu and Kashmir.
Acting upon information provided by their
informers, security forces usually conduct
raids, arrest and detain suspects and torture
them. Several innocent persons including
family members are allegedly harassed and
tortured by security agencies based on the
false information provided by the informers
sometimes because of personal enmity.50
On the night of 14 January 2004, SOG
personnel posted at Keeri Pattan in
Baramulla district allegedly forced their
entry into the houses of Mohammad
Abdullah Mir, Ghulam Mohammad Shah,
Ghulam Nabi Mir, Abdul Wahab Ahangar
and Abdul Salam Ahangar and ransacked
their houses. The security personnel also
beat up the family members. The State
Human Rights Commission intervened in
91
INDIA HUMAN RIGHTS REPORT 2005
the matter.51
On 9 February 2004, several villagers
including women and elderly persons were
mercilessly beaten up allegedly by the
Rashtriya Rifles personnel at Manthori
village of Doda district in retaliation of the
attacks by the armed opposition groups. At
least 8 persons including two women had
to be admitted in District Hospital of
Doda.52
From 20 to 24 February 2004, the
army allegedly cordoned off a number of
villagers in Kulgam area in Anantnag
district that caused immense hardship to
the villagers. When the cordon was not
lifted even on the fourth day on 24
February 2004, thousands of people from
different villages reportedly converged on
roads and shouted slogans. Carrying
bamboo sticks, the villagers confronted the
army who opened fire to disperse the
agitating mob.54
On 20 March 2004, the police
allegedly beat up several members of the
Association of Parents of Disappeared
Persons while they were holding a
peaceful demonstration in Srinagar. Parvez
Imroz, Parveena Ahangar and 10 others
were arrested. The policemen mercilessly
beaten up the demonstrators and dragged
them before taking them into custody.
Parveena Ahangar reportedly fell
unconscious after being dragged and
beaten up. Seventy-year-old woman
Sayeeda was also beaten and arrested.
Sixty-five-year old Noor Mohammad Bhat
of Patlan was hit with lathis and gun butts
before his arrest.54
92
Jammu and Kashmir
On 12 May 2004, residents of Ajas,
Matipora, Bazipora and other adjoining
areas under Baramullah district alleged
that they were being forced to work as
bonded labourers by the 35th Rashtriya
Rifles camping in the area. They were
allegedly forced to carry the ammunition
and ration items of the security forces into
the forest area, where they were setting up
another camp. The security personnel
allegedly snatched the identity cards from
the residents including the women to force
them to carry the ammunitions and food
items.55
On 22 August 2004, the Navy officials
posted at Watlab Ghat in Sopore township
allegedly picked up five persons-
Mohammad Subhan Dar, Altaf Dar,
Ghulam Nabi Dar, Bilal Dar and Hajra
Begum and beaten them mercilessly. They
were subsequently released.56
On 6 December 2004, a youth was
reportedly injured in police firing upon the
demonstrators at Qaimoh-Kulgam in
Poonch district. They were protesting
against the atrocities by the security forces
on people during a three-day operation at
Bhan-Kulgam. The security personnel
allegedly beaten up large number of
people severely.57
On the intervening night of 9 and 10
December 2004, several policemen
including a Deputy Superintendent and
photo journalists were injured after army
personnel beaten them up following a
dispute over a piece of land in Rehari in
Jammu district. At around 2 am, army
personnel reportedly started constructing
INDIA HUMAN RIGHTS REPORT 2005
boundary wall around the army area and in
the process they also allegedly tried to
encroach upon seven Marlas of land
belonging to an elderly woman, Ayodhya
Kumari of Bakshi Nagar in Rehari in
Jammu. The woman tried to stop the army
men. On getting reports a police party led
by Deputy Superintendent of Police
Tanveer Geelani reached the spot. Several
policemen including the Deputy
Superintendent Police were beaten up and
injured. The armymen also beaten up
several photo journalists who reached the
spot, snatched and damaged their
cameras.58
III. Atrocities by the armed
opposition groups
The armed opposition groups (AOGs)
like Save Kashmir Movement, Harket-i-
Jehad Islami, Tehreek-Jehadi Islami,
Laskar-e-Toiba, Hizbul-Mujahideen etc
have been responsible for blatant
violations of international humanitarian
law standards. The AOGs resorted to
indiscriminate killings, medieval forms of
torture, kidnapping and hostage taking.
The victims were civilians, alleged police
informers, political activists and relatives
of the surrendered AOGs.
i. Torture
In March 2004, members of an
unidentified armed opposition group
captured three civilians - Mohammad
Altaf Bhat (carpet-weaver), Arshid
Hussain Bhat (painter) and Sabzar Ahmed
Bhat, a class 12th student at Shamsipora in
Jammu and Kashmir
Anantnag district. After severely torturing
them, they shot Arshid Hussain and Sabzar
Ahmed in the legs and chopped off both
the ears of Mohammad Altaf Bhat.59
In the evening of 20 April 2004,
cadres of armed opposition groups
reportedly abducted two village elders,
Hajji Amma Kala and Missruddin, from
Kalwa village in Mahore Tehsil of
Udhampur district and chopped off their
ears after severely beating them. They
were then taken back to Kalwa and
showed their chopped ears to terrified
residents, warning they could face a worse
fate if they participated in the elections to
the Udhampur Lok Sabha seat on 10 May
2004.60
ii. Arbitrary killings
The armed opposition groups
continued to target innocent civilians. On
9 January 2004, 21 persons were
wounded, three of them seriously, when
members of armed opposition groups
allegedly exploded two grenades in a jam-
packed mosque in the Lakhdata Bazar of
Jammu town where a large number of
people were offering their Friday prayers.61
On 23 May 2004, seventeen BSF
personnel and 18 members of their
families, including six women and three
children, were killed when the bus, in
which they were traveling to Jammu from
Srinagar was blown up at Lower Munda
on the Jammu-Srinagar highway allegedly
by the Hizbul-Mujahideen cadres.62 On 23
June 2004, a grenade was hurled at
Bijbehara in Anantnag district that injured
93
INDIA HUMAN RIGHTS REPORT 2005
22 persons, which included five women
and a doctor.63 At around 3.30 pm 19 July
2004, at least four persons died and 38
others injured in an explosion allegedly
caused by members of an armed
opposition group at a public meeting at
Kapran-Dooru in Anantnag district.64 On
15 August 2004, some school children
were injured when members of the armed
opposition groups allegedly fired a rifle
grenade to target an Independence Day
function at government-run higher
secondary school in Baramulla district.65
In 2004, 62 political activists
belonging to several mainstream parties
were killed by the AOGs. The ruling
Peoples Democratic Party was the worst
affected with the death of 35 party
workers.66 On 16 February 2004, armed
cadres allegedly belonging to Save
Kashmir Movement gunned down a PDP
leader Ghulam Mohammad Dar outside
his house at Hyderpora.67 On the same day,
Ali Muhammad Bhat, Block President of
PDP for Beerwah pocket was killed at his
house at Aripanthan village in Budgam
district.68 On the night of 18 December
2004, 70-year-old Abdul Gani Wani, an
activist of the PDP at Singhur village
under Damhal Hanji Pora in Anantnag
district was shot dead.69
Five Congress Party activists were
reportedly killed by the armed opposition
groups.70 On 29 September 2004, AOGs
allegedly shot dead Mohammad Yusuf
Bhat, block secretary of the Congress, and
his personal security officer at Chini
Chowk near the shrine of Reshi Mohalla in
94
Jammu and Kashmir
Anantnag district.71 At around 10 pm on 8
November 2004, cadres of armed
opposition group allegedly attacked the
house of a local Congress leader
Jalaluddin Sheikh in Wagroo-Chattergul in
Budgam district and shot him and his
bodyguard dead.72
The opposition National Conference
lost 16 activists.73 On 28 April 2004,
Shaadi Lal and Ghulam Nabi were killed
and 60 were reportedly injured when the
armed opposition group attacked an
election rally of the National Conference
candidate, Khalid Najeeb Surawardhy at
Bagwa village in Doda district.74 At around
2.45 pm on 21 October 2004, members of
armed opposition groups gunned down
senior National Conference leader and
former minister of state for revenue Safdar
Ali Beigh at Sarnal in Anantnag district.75
The members of the overground
Kashmiri separatist political parties too
were attacked by the armed opposition
groups. In the evening of 29 May 2004,
Hurriyat Conference leader Mirwaiz Umer
Farooq’s uncle Maulvi Mushtaq Ahmed
was allegedly shot by armed cadres
belonging to Save Kashmir Movement
while he was praying inside a Srinagar
mosque. He succumbed to the injuries on 7
June 2004.76 At about 9 am on 30
September 2004, the cadres of the Save
Kashmir, Harket-i-Jehad Islami and
Tehreek-Jehadi Islami outfits allegedly
shot dead Jammu and Kashmir People’s
Liberation League leader Mohammad
Rafiq Shah in Chinkral Mohalla of
Srinagar.77
INDIA HUMAN RIGHTS REPORT 2005
The alleged police informers were
brutally killed often by slaughtering. On
13 March 2004, one Kaka Piswal of
Chechi Marg in the Shopian area of
Pulwama district was allegedly abducted
and shot dead by armed opposition
groups’ members suspecting him to be a
police informer.78 On 29 April 2004, one
Mohammad Qasim son of Peer Baksh
from village Sumber, Ramban in
Udhampur district was kidnapped and shot
dead suspecting him to be an informer of
the security forces.79 On the night of 23
May 2004, Talib Hussain son of Roshan
Ali of Sangate under Gursai police station
limits in Poonch district was dragged out
from his house after being accused of a
police informer and shot dead. His son
Mohammed Shabir who intervened and
attempted to free his father was reportedly
beaten to death.80 On the night of 12
August 2004, Fazal Hussain of village
Mangota in Thannamandi teshil of Rajouri
district was shot dead after being accused
of being an informer of security forces.81
On 8 September 2004, members of armed
opposition groups dragged Kalu Din,
Mishri Gujjar and Ghulam Shah to a
nearby forest and beheaded accusing them
of being informers of security forces.82 On
the night of 26 December 2004, Alia, son
of Baba Gujjar of Morshaan Birbalbari in
Gool in Udhampur district was kidnapped
and shot dead.83
The surrendered armed opposition
group members and their families became
specific target of violence. On 20
February 2004, a released member
Jammu and Kashmir
belonging to Hizbul Mujahideen, Abdul
Rashid Khan from Larnow, Kokernag in
Srinagar was hanged. His dead body was
found from an adjoining village.84 In the
evening of 16 May 2004, Abdul Ahad
Naik, 55 of Mahoo Mangat village under
Banihal tehsil in Doda district was
dragged out of the house and shot dead
reportedly to avenge the surrender of his
son, Mohammed Ayub, a member of the
Hizbul Mujahideen.85 On intervening
night of 16 and 17 August 2004, Roshan
Lal Din alias Alam Khan was kidnapped
from his seasonal hut located at Rattan
area and hanged from a tree reportedly for
encouraging his son’s surrender before the
Rashtriya Rifles.86 On the night of 17
August 2004, members of the Laskhar-e-
Toiba reportedly barged into the house of
Ghulam Hussain at Malan Jablam area of
Mahore in Udhampur district and opened
indiscriminate fire, killing him, his sons
Mohammad Shafi and Zakir Hussain and
widowed daughter Khursheed Bano. They
were killed to allegedly avenge the
surrender before the security forces by
one of their family members, Mohammad
Rafiq, who was a LeT cadre.87
Family members of the vigilante
group, Ikhwanis have also been targeted.
At around 9.30 pm on 15 November 2004,
a group of AOGs appeared at the house of
one Abdul Rashid Malik at Kawoosa
village in Budgam district and opened
indiscriminate firing killing six persons on
the spot. Of them, 4 were of a family and
2 were Ikhwanis. They then went to
another house, a few hundred metres away,
95
INDIA HUMAN RIGHTS REPORT 2005
looking for the wife of a slain Ikhwani and
killed her too.88
In addition to the cases cited earlier in
the report, the killings of civilians by the
armed opposition groups have been
systematic.
On the night 10 January 2004, heavily
armed cadres of armed opposition groups
reportedly barged into the house of Farooq
Ahmad Mir at Lurgam, Tral in Pulwama
district. They segregated his children and
locked them in a room and later shot dead
both Mir and his wife Zaina. Mir was a
photographer by profession.89
On 5 February 2005, the dead body of
Ghulam Din, a resident of Dharosh Dessa
area of Doda district was found at Dharosh
nallah. A group of armed cadres had
reportedly kidnapped him on the
intervening night of 3 and 4 February.90
On the night of 21 March 2004, a
group of armed cadres of the Laskar-e-
Toiba allegedly entered the house of Fetah
Mohammad Gujjar in Tanka demanding
food and shelter. When the family
members refused, the armed cadres blew
up the house with a grenade, killing
Mohammad’s four-year-old son and
injuring his wife and four children. Five-
year-old Zahida died on the way to
hospital.91
On 7 April 2004, a group of heavily
armed opposition groups’ members
reportedly kidnapped one Abdul Wahid of
Batuga Thathri from Draman Tanta forest
area of Gool in Udhampur district when he
went to forest to cut wood. They took him
to the interior part of forest and shot him
96
Jammu and Kashmir
dead. His bullet-riddled body was
recovered from the forest area on 8 April
2004.92
In the early morning of 30 June 2004,
a group of heavily armed opposition
groups’ members reportedly barged into
the house of one Anwar Hussain Gujjar at
Dera Bangla village in Bhudal tehsil of
Rajouri district and allegedly abducted
him and his son Ashraf. They were
inhumanly tortured and later beheaded.
Their bodies were thrown outside their
house.93
On the night of 19 July 2004,
members of an armed opposition group
stormed into the house of a retired BSF
Havildar Abdul Gani at Gurdanbala in
Rajouri district and opened indiscriminate
firing upon the family members killing
them on the spot including two children.94
On 13 September 2004, some armed
opposition group members reportedly
stormed into the house of one Mohammad
Jamal at Shatta Dhoke in the Surankot area
of Poonch district and killed Mohammad
Jamal, his wife Banoo Bi and Abdul Gani
by slitting their throats.95
On the night of 31 October 2004, a
group of members of armed opposition
groups reportedly came to the house of
Tuffail Hussain in the village of Sangiot in
Poonch district and abducted his 18-year-
old son Tariq Ahmed at gunpoint. They
took him to the adjoining forest area and
slaughtered him by slitting his throat. His
body with deep slit injury on his neck was
recovered on 2 November 2004.96
INDIA HUMAN RIGHTS REPORT 2005
iii. Kidnapping and hostage taking
The armed opposition groups were
also responsible for kidnapping and
hostage taking.
On 9 February 2004, members of an
armed opposition group wearing police
uniform reached Lar village in Ganderbal
in Srinagar district in a TATA Sumo
vehicle JK02 289 and abducted Qazi
Mohammad Altaf, nephew of PDP leader
and PHE Minister, Qazi Afzal at gunpoint
and whisked him away to some unknown
destination.97
On 11 March 2004, two armed cadres
of Jais-e-Mohammad outfit reportedly
stormed a girls’ high school in Khrew
village of Pulwama district and held about
175 terrified students and teachers hostage
as human shields. The two members of the
armed opposition group were reportedly
killed in an intense fighting that ensued
between the Rashtriya Rifles personnel and
the two kidnappers.98
On the night of 29 April 2004,
members of armed opposition group
allegedly kidnapped Hafizullah Wani from
Primary School Badangar Budgam at
Waterhal in Budgam district and later shot
at him causing injuries.99
On 23 June 2004, unidentified AOGs
in police uniform abducted a senior
engineer of Indian Railways Construction
(IRCON) International Limited, Sudheer
Kumar Pundeer, his brother, the driver of
the car they were traveling and another
local of Reshipora village in Awantipora
tehsil of Pulwama district. The bodies of
Sudhir Kumar Pundheer and his brother
Jammu and Kashmir
were recovered from Sagoo-Handhama in
Zainapora area of Shopian on 25 June
2004. The abductors had demanded a
ransom of Rs 50 lakh in exchange for
their release.100
At 10.30 am on 1 August 2004, two
suspected members of armed opposition
group reportedly entered the house of one
Abdul Rashid, son of Nizam Din at
Taskote in Chingus area of Rajouri district
and kidnapped him.101
On 23 September 2004, armed
opposition group’s members allegedly
entered into the house of a cousin of
Jammu and Kashmir Chief Minister Mufti
Mohammad Sayeed, Mufti Sharief-ud-din
in Bob Mohalla village of Bijbehara in
Anantnag district and abducted his son
Mufti Sarwar at gunpoint. They also
allegedly entered into another house
nearby and kidnapped one Muzamil
Ahmad Kakroo.102
IV. Violence against women
While the controversial Permanent
Resident (Disqualification) Bill 2004 drew
attention to the discrimination against
women in the state,103 women continued to
bear the brunt of violence by the security
forces and armed opposition groups
because of their gender.
i. Violence by the security forces
The security forces were responsible
for violence against women including
torture, arbitrary detention, rape and
molestation. On the night of 17 February
2004, Ayesha Begum of Narbal area in
97
INDIA HUMAN RIGHTS REPORT 2005
Srinagar succumbed to her injuries that
she received in ruthless beating by the
police during lathi charge on the
demonstrators during the day.104
On 2 July 2004, Hasina Akhtar, a 10th
standard student of Government Girls’
High School, Zachaldar, was arrested by
sub-district police officer Altaf Ahmed
Khan and his junior, assistant sub-
inspector Tanveer Ahmed accusing her of
being involved in the killing of a security
force official. The girl was allegedly
severely tortured in custody and later
admitted to a Srinagar hospital with
“serious multiple injuries.” She was
suffering from lash wounds, broken bones,
and damaged tendons and muscles.105
Although Major Rehman Hussain was
exonerated from the rape charges of the
wife and 10-year-old daughter of one
Abdul Rasheed Dar in Bader Payeen-I
under Handwara tehsil in Kupwara
district106 and punished for using force with
the intent of outraging their modesty,107
most cases of violence against women
including rape, went unpunished.
At about 4.30 p.m. on 1 January 2004,
a migrant woman labourer from Bilaspora
in Uttar Pradesh was allegedly raped by a
BSF personnel, Sepoy Ram at Singhpora
village in Baramulla district.108
On 28 February 2004, a teenaged girl
was allegedly abducted by a militant-
turned-counter-insurgent Manzoor Ahmad
Dar from her Tenkpora Sumbal in
Srinagar district and was raped several
times. Two days after the rape, she
reportedly set herself afire. She suffered
98
Jammu and Kashmir
80 per cent burn injuries. After battling for
life for eight days at the SHMS Hospital,
the victim succumbed to her injuries on 9
March 2004. In her dying statement
before Ghulam Nabi Shah, Station House
Officer, Sumbal she reportedly stated that
Dar who is also her neighbour had raped
her.109
On the night of 17 April 2004,
constable Davinder Singh posted in
Thanamandi area of Rajouri district was
reportedly arrested on charges of raping a
10-year-old orphaned girl. He allegedly
brought home the girl, whose parents were
killed by AOGs, promising to marry her
and raped her for two days.110
On the night of 5 May 2004, the
troops of the Rashtriya Rifles allegedly
molested a woman and beaten up residents
of the Choon village in Budgam district
following an incident of stray firing by
members of an armed opposition group.
The state government ordered an inquiry
into the incident.111
On 14 May 2004, a jawan belonging
to the 30th Rashtriya Rifles allegedly
forcibly entered into the house of Abdul
Rashid Malik at Marat village on the
Mawar-Handwara road of Kupwara
district and attempted to rape 18-year-old
Rubiya, who was alone at home at that
time. The jawan reportedly grabbed her
but let her go and fled the scene when
people came rushing hearing her scream.
The guilty security man was arrested and a
case was registered against him.112
In the evening of 10 September 2004,
four jawans of the Central Reserve Police
INDIA HUMAN RIGHTS REPORT 2005
Force allegedly barged into the house of
Bashir Ahmad at lower Munda of
Anantnag district and asked one of the
girls to come out. Seeing this, one Zubaida
wife of Bahadur Khan started raising hue
and cry that infuriated the CRPF personnel
and they started beating her along with the
other family members. The CRPF
personnel took away the girl along with
them and kept her in a nearby security
forces camp for the whole night. On a
complaint by the family members, police
rescued the girl and a case was registered
against the CRPF personnel but no action
was reportedly taken.113
On the night of 27 October 2004, a
group of seven persons including two
jawans of the J&K Light Infantry
Regiment (JAKLI) and two J & K
policemen reportedly gang raped a 20-
year-old girl hailing from Sopore at the
Sahara Guest House at Zero Bridge,
Rajbagh in Srinagar. The six accused
arrested by the police were reportedly
identified as Bal Krishan of 6th JAKLI,
Rakesh Kumar of 4th JAKLI, Ashwani
Kumar, Vigilance, Mushtaq Sadiq, Sanjiv
Kumar, a police man, and Shamas-u-Din, a
driver and Karnal Singh, a government
employee.114
On 14 December 2004, army
personnel belonging to the Rashtriya
Rifles allegedly raped Sara Begum, wife
of Mohammad Din of Tanta in Doda
district and subsequently shot her dead in
the adjoining forest in Bhalesa village in
the district.115
In the evening of 21 June 2004, two
Jammu and Kashmir
Rashtriya Rifles jawans barged into the
house of Sadiq Shah at Sheikhpora-Sallar
under Pahalgam in Anantnag district. The
trooper allegedly pushed Sadiq Shah and
his two sons into the kitchen, while
another son was locked in the adjacent
room. They then dragged Hakim Jan to a
room and allegedly raped her. Police
registered an FIR.116 In a summary court
martial instituted to prove the incident, the
accused trooper was exonerated from the
charges of rape but dismissed from service
and sentenced to one-year rigorous
imprisonment for misconduct and
indiscipline.117
ii. Violence by the armed opposition
groups
The armed opposition groups
continued to target women because of their
gender.
On the night of 26 January 2004,
unidentified armed opposition groups’
members reportedly shot dead Hafiza
Akhtar, daughter of Abdul Rahman Mir in
Killer area of Pulwama district.118 In
another incident, Nazira Bi wife of Faqir
Mohammad was shot dead by unidentified
AOGs at her family residence at Majra
Bambal, Dharamsal sector of Rajauri
district on the same night.119
On 27 February 2004, Naseema was
allegedly shot dead by AOGs near her
residence in Mashwarad Rajpora of
Pulwama district.120
On the night of 8 May 2004, armed
cadres reportedly tortured to death a 60-
year-old widow Akbar Bi at her residence
99
INDIA HUMAN RIGHTS REPORT 2005
at Churang in Thanamandi area of Rajouri
district. She was alone at home when her
assailants entered the house and inflicted
stab injuries all over her body with knives
and other sharp edged weapons. The
woman bled to death.121
On 10 June 2004, armed cadres of the
Lashkar-e-Toiba outfit reportedly tortured
to death four members of a family,
including two women and a child, in the
Chakaras-seripheli village of Udhampur
district. A group of 10 AOGs barged into
the house of Abdul Rehman and allegedly
tortured, dragged out and killed all the
family members. The alleged surrender of
one of the family members Farooq, who
was an armed cadre of the LeT outfit, was
reportedly the reason behind the brutal
killings. 122
On 4 July 2004, members of the armed
opposition groups reportedly kidnapped
Mariam Begum from her house in Manoh
village in Doda district and have allegedly
chopped off her ears, nose and tongue. She
was then released to come home on the
night of 10 July 2004.123 Her brother, Abdul
Latif, an armed cadre of the Harkat-ul-
Mujahideen reportedly surrendered before
the Indian security forces. In retaliation, the
Harkat-ul-Mujahiddeen men reportedly
abducted his father Abdul Mohammed
Ibrahim and sister Mariam Begum from
Mehad Dhar in Doda district while grazing
their cattles. The father-daughter duo were
subjected to brutal torture. They were
beaten with rifle butts, stick and burnt with
cigarettes. While Md Ibrahim reportedly
managed to escape, hapless Mariam
100
Jammu and Kashmir
remained in captivity. The AOGs raped her
before cutting her ears and nose off and left
her in the forest to die. An army patrol
reportedly found her and rescued.124
On the night of 26 July 2004, a group
of four armed cadres of Laskar-e-Toiba
severely beat Mohammad Shafi of village
Daraj under Budhal police station in Doda
district, his son Liaqat, daughter Zareena
and wife Barkat Bi, and slit their throats
accusing them of being ‘informers of
security forces’. Mohammad Shafi, Liaqat
and Zareena died on the spot whereas
Barkat Bi was critically injured.125
On the night of 20 August 2004, some
unidentified AOGs entered the house of
one Rahim Mir at Ludna under Doda
police station and dragged his daughter
Shazia Bano out of the house. The AOGs
then allegedly shot her dead.126
On the night of 1 September 2004,
members of the armed opposition group
entered the house of Abdullah in village
Bada Dharman in Kotranka tehsil of
Rajouri district and asked Mohammad
Akram son of Mohammad Abdullah to
accompany and guide them to a safer area.
On refusal by Mohammad Abdullah to
send his son with them, they started
beating Mohammad Abdullah’s wife Billo
and their 10-year-old daughter Maniza
Begum. Later, they shot at them inflicting
deep wounds to Billo and killed Mohd
Akram.127
On 10 September 2004, members of
the AOGs allegedly beaten up the
womenfolk of Hori Hill Dhok area of
Kotranka in district Rajouri and injured
INDIA HUMAN RIGHTS REPORT 2005
many of them including Bala Bi, wife of
Lal Khan Shahida and her mother Jan
Begum. Later, their houses were set
ablaze.128
On 11 September 2004, members of
an armed opposition group allegedly
hurled a grenade at the residence of Jalal-
ud-din, CPI (M) worker at Pooniwah,
Kulgam in Anantnag district that injured
his two daughters Tahira Bano and
Naseema Bano. Both the girls were shifted
to hospital where Tahira succumbed to her
injuries.129
On the night of 25 October 2004,
members of an armed opposition group
reportedly indiscriminately fired into the
house of one Yousef Malik in Salbal
village in Gool tehsil of Udhampur district
and killed Yousef and his mother Jameela
Begum on the spot. His son and wife were
critically wounded. The armed groups also
kidnapped the deceased’s brother Gulam
Mohmmad and later killed him and
dumped his body in the outskirts of the
village.130
V. National Security Laws
The Public Safety Act (PSA), 1978
continued to be used extensively in Jammu
and Kashmir. Since coming into power in
November 2002, the PDP-Congress
coalition government reportedly released
326 detenues serving detentions under the
PSA.131 There were 533 persons
languishing in jails in and outside the state
under Public Safety Act (PSA) in February
2004. Of these, 361 detenues were
reportedly of Kashmir while 172 were of
Jammu and Kashmir
foreign origin.132 According to J & K
Minister of State for Home Abdul Rehman
Veeri, 537 persons were detained under the
PSA by July 2004.133 Following the first
round of talks between the central
government and the Hurriyat Conference,
the Joint Screening committee had
reportedly recommended 34 cases under
the PSA to the Jammu and Kashmir
Government for revocation in March
2004.134 The Central Government
approved a list of 24 detenues booked
under PSA to be released.135
On 8 June 2004, the Jammu and
Kashmir High Court quashed the detention
order of Dr Meraj-ud-din Shigan booked
under the PSA for his alleged involvement
in militancy and ordered his immediate
release. Quashing the detention order, Mr
Justice Bashiruddin of the Jammu and
Kashmir High Court observed that the
grounds on which he was arrested were not
supplied to the detainee and that the
detention order was vitiated.136
The Jammu and Kashmir government
also extensively invoked the Prevention of
Terrorism Act, 2002. On 25 February
2004, J & K Minister of State for Home
Abdul Rehman Veeri informed the
Legislative Assembly that out of 168
POTA detenues, 86 were released since the
inception of the PDP led coalition
government.137
VI. Prisons and prisoners
The conditions of the prisons in
Jammu and Kashmir remained deplorable.
A survey report of the Jammu and Kashmir
101
INDIA HUMAN RIGHTS REPORT 2005
High Court Bar Association stated that
hundreds of detenues and undertrials were
languishing in different jails due to
inordinate delay in their trials. Citing the
unavailability of escort, the authorities
deprived the undertrials of their right to be
produced before the courts. A number of
them have allegedly turned insane due to
prolonged incarceration. The undertrials
were kept with the convicted criminals in
all the seven jails in the state. Some of the
prisoners, who were released by courts,
were re-arrested at the very gate of the
prison. The report also stated that there
was no hospital or a proper place for
treating the patients in the jails. There were
reportedly no medical officers in Kathua,
Hira Nagar and Udhampur prisons.138
On 8 June 2004, Shabir Ahmad, son of
Ghulam Mohi-ud-Din, resident of Srinagar
lodged in the Kot Bhalwal jail, Jammu
reportedly died under mysterious
circumstances. He reportedly fell
unconscious inside the cell of Kot Bhalwal
jail on the evening of 7 June 2004 and was
shifted to the Government Medical
College hospital at 11.30 p.m. that night.
Doctors on duty were reportedly of the
opinion that he consumed some poisonous
substance.139
On 22 July 2004, Hurriyat Conference
(G) alleged that despite the court orders in
favour of release of some detained armed
opposition group’s leaders, the jail
authorities did not release them. The
organization claimed that 70 year-old
Moulvi Abdul Jabar, 50 year old Moulvi
Mohammad Jammal, Nazir Ahmad Sheikh
102
Jammu and Kashmir
and Master Mohammad Afzal have never
been called for trial. One Zubair Ahmad
Bhat of Kanlibagh-Baramulla was detained
for the last four years without any trial.140
After a visit of the Udhampur prison
in the first week of December 2004, the
Kashmir Bar Association accused the state
and police administration of not allowing
the detainees to attend the courts on false
excuses like non-availability of escort for
the purpose. According to the report, 66
prisoners hailing from Kashmir, seven
from Mahore-Jammu, three from Pakistan
and one from Tajikistan were not allowed
to attend courts where their cases have
been under trial.141
VII. Internally Displaced Persons
There were about 2.5 lakh Kashmiri
pandits who have been internally displaced
and migrated to different parts of the
country since March 1990. Out of 56,380
migrant families, 34,644 families have been
staying in Jammu and 19,338 in Delhi.142
The Kashmiri Pandits who comprised
the majority of the displaced peoples in the
state were able to draw attention of both
the Central and State governments and
their conditions have been comparatively
better than the others. The Kashmiri Pandit
migrants have been living in
accommodation provided by the
Government and are provided with
monthly relief and free ration.143 Pursuant
to the commitment by Prime Minister Dr
Manmohan Singh during his visit to the
migrants’ camp at Muthi in Jammu on 18
November 2004, the central government
INDIA HUMAN RIGHTS REPORT 2005
has reportedly agreed in principle to
release Rs 150 crore to set up two room
sets for the Kashmiri migrant pandits
living in different camps in Jammu.144 On
19 December 2004, a three-member inter-
ministerial team arrived in Jammu on a
four-day visit to interact with the state
government and a cross section of the
migrant Kashmiri pandits.145 At the
meeting of the inter-ministerial meeting, J
& K Revenue Relief and Rehabilitation
Minister Hakim Mohammad Yaseen
reportedly announced that the J & K
government was working on a special
employment package for the Kashmiri
Pandits.146
However, the conditions of the
60,000 border migrants, who were forced
to flee their homes along the India-
Pakistan border in Jammu and Kashmir
remained deplorable. Though 45,000 of
them have returned to their ancestral
villages and have enjoyed peace on the
Line of Actual Control in the Jammu
Jammu and Kashmir
sector following the enforcement of the
ceasefire with Pakistan, over 12,000
persons, including women and children,
have been spending days in penury and
misery at camps at the Devipur in the
Akhnoor sector. Those who returned to
their villages were reportedly not
provided cash assistance to repair the
houses. Those living in the camps alleged
that promises of allotting small plots and
financial assistance for building houses in
safer areas were never fulfilled.147
The apathy of the state government
towards the plight of the border migrants
was manifested from tortured to death of
Chairman of Border Migrant Action
Committee (BMAC), Chajju Ram of
Nikkian village in Khour block of tehsil
Akhnoor in Jammu district on 2 March
2004 at Kot Ghari. On 27 February 2004,
Chajju Ram was beaten by the police
during a lathi-charge on the protestors
demanding rehabilitation. He succumbed
to his injuries.148 ■
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INDIA HUMAN RIGHTS REPORT 2005 Jammu and Kashmir

104
C h a p t e r
11
Jharkhand

I. Overview

R
uled by the Bharatiya Janata Party, Jharkhand has become
infamous for abusing the Prevention of Terrorism Act, 2002.
Jharkhand, which faces low intensity conflict with the
Naxalites, had more detainees under POTA than Jammu and
Kashmir, the central focus of India’s war against terror. Though
about 145 POTA detainees involved in 59 were released in June
2004 because of the lack of sheer evidence, many of the released
POTA detainees continued to remain in prison under various
offences filed under normal laws like the Criminal Procedure Code
INDIA HUMAN RIGHTS REPORT 2005
and Indian Penal Code. Many were too
poor to pay the bail bond money and have
little access to legal aid. However, those
police personnel who had abused POTA
have been given complete impunity.
Hundreds of people continued to remain in
the First Information Reports filed under
the POTA.
On 20 June 2004, the People’s War
Group (PWG) in response to Jharkhand
Chief Minister Arjun Munda’s call for
dialogue on 12 June 2004, offered to hold
peace talks with the government. The
PWG put forth nine conditions including
immediate withdrawal of paramilitary
forces from Naxal-infested areas, probe
into cases of fake encounters and action
against guilty police officials, withdrawal
of the POTA and lifting ban on the outfit.1
However, Jharkhand government did not
respond positively and no talks were held
at the end of 2004. On 7 November 2004,
the Maoist Communist Centre (MCC) and
PWG reportedly merged into a single
group - Communist Party of India
(Maoists).2 The PWG is reportedly active
in 18 out of the 22 districts. Nearly 495
persons including 188 policemen have
been killed in the Naxalite related violence
since the creation of the state in November
2000.3
The security forces have been
responsible for serious human rights
violations while countering the Naxalites.
The People’s Union for Civil Liberties
(PUCL) in its inquiry report released in
May 2004 held the members of the
Nagarik Suraksha Samiti (NSS), a counter
106
Jharkhand
insurgency group floated by the police,
responsible for lynching to death of about
13 alleged activists of the Naxalites at
Longo in Dumuria block in East
Singhbhum district between 7 and 22
August 2003. The PUCL alleged that
district police and the NSS members
continued to harass innocent villagers
accusing them of being Naxalite
sympathisers.4 There were reports of
torture and arbitrary deprivation of the
right to life in 2004.5
Jharkhand, the heartland of India’s
indigenous peoples, registered sharp
decline of the percentage of Adivasis. The
State government recommended inclusion
of the Kurmis, presently considered as
upper Caste Hindus, into “Scheduled
Tribes” list which evoked vehement
protest. The Adivasis have been
disproportionate victims of displacement
by development projects, land alienation
and extreme poverty.
II. Atrocities by security forces
i. Arbitrary deprivation of the right to
life
The security forces have been
responsible for serious human rights
violations including arbitrary, summary and
extrajudicial deprivation of the right to life.
The People’s Union for Civil Liberties
in its inquiry report of May 2004 held the
members of the Nagarik Suraksha Samiti
(NSS), a counter insurgency group floated
by the police, responsible for lynching to
death of about 13 alleged members of the
Peoples War Naxalites at Longo in
INDIA HUMAN RIGHTS REPORT 2005
Dumuria block in East Singhbhum district
between 7 and 22 August 2003. Prominent
NSS members, police officers and Central
Reserve Police Force officers posted in the
village allegedly masterminded the
lynching. The victims were allegedly
administered drugs in the food and water
served to them that made them drowsy.
Police officials, along with NSS members,
and some local villagers overpowered and
tied them up. The information was then
transmitted to the district police
headquarters, and after receiving approval
of higher authorities, the alleged Naxalites
were beaten to death between 5.30 am and
7 pm of 7 August 2003. A photographer,
however, managed to take pictures of the
victims with their hands and legs tied. The
ropes used in tying up the slain youth were
found to be the ones normally available
with the police. The involvement of police
became apparent as the district
administration immediately rushed to the
village after the massacre to congratulate
the villagers.6
On 8 and 9 August 2004, members of
NSS lynched two more persons - Ledha
Patter and Khoka Munda - for having
alleged connections with the Naxals.
Police initially refused to register the FIR
into the killings. But, after PUCL
denounced the extra-judicial killings, an
FIR was lodged against 500 unnamed
villagers.7 After post-mortems, the dead
bodies were reportedly disposed without
waiting for anybody to make a claim.
Besides, the doctors who conducted the
post-mortem did not preserve the viscera
Jharkhand
despite widespread speculation that the
victims were administered poisonous/toxic
substances before being overpowered and
beaten to death.8
In early July 2004, Jugal Kishore
Chauhan who was arrested on suspicion of
having engineered the abduction of his 12-
year-old nephew, Timir Haran Chauhan,
died in police custody. Timir, who was
playing at a park in Loyabad, Dhanbad
was kidnapped by unidentified people
travelling in a white Maruti car but later on
managed to flee and returned home.
Officer-in-charge of Tetulmari Swapna
Kumar Mehta intercepted the vehicle at
Pandeydih but only the driver could be
recovered. Police in the meantime picked
up Chauhan for questioning. Chauhan was
initially detained by the Tetulmari police
and later taken to Loyabad police station.
While Chauhan reportedly admitted that
the boy was kidnapped by mistake, former
Union minister Yogeshwar Prasad stated
that Chauhan was beaten by the police in
front of him. He was allegedly tortured to
death.9
On 24 July 2004, Tez Ranveer Singh,
a resident of Kadma in Jamshedpur
district, was picked up by the police in
connection with a case of trespassing
registered with the Kadma police station in
2002. He was on bail but a warrant was
issued after he failed to turn up for the
court hearing. He was sent to the Sakchi
jail in Jamshedpur on 25 July 2004 where
he died on the night of 27 July 2004.
Following his death, the police have
registered a case against other fellow
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INDIA HUMAN RIGHTS REPORT 2005
prisoners, Arvind Singh and Mangalu
Lohar. A five-member team of the
Jharkhand State Minorities Commission
led by its vice- chairman Khem Singh
probed the custodial death of Tez Ranveer
Singh and concluded that Tez was
murdered. He was beaten up by his fellow
prisoners with a stick. “But who gave them
the stick?” asked P.K. Das, a member of
the investigating team.10 The capacity of
the Sakchi jail is about 198; but over 900
inmates were lodged in the jail.11
ii. Arbitrary arrest, detention and
torture
Arbitrary arrest, detention and torture
by the police for extracting confessions or
information about the PWGs are common
in Jharkhand.
On 28 April 2004, at least a dozen
lawyers at Dhanbhad Court were
reportedly injured after being allegedly
beaten up by a group of policemen. A
newspaper vendor, Dwarika Paswan was
injured in an accident when a speeding
truck hit him on the busy Court Road.
Many lawyers and their clients reportedly
rushed to his help, thus creating a huge
crowd on the road. When a police van
escorting undertrials from Dhanbad jail to
the court was caught in the crowd, its
driver allegedly manhandled lawyer U.K.
Barnwal. Soon after an altercation
followed between the policemen and the
lawyers. The police came in large
numbers and beaten up whoever they
could lay their hands on.12
On 4 July 2004, the Dhalbhumgarh
108
Jharkhand
police picked up three youth, Rajen
Munda, Mahendra Munda, both residents
of Jiyan village in Ghurabandha, and
Suresh Munda of Maheshpur of
Ghurabandha village from the local haat
(marketplace) accusing them of being
sympathisers of People’s War.
Immediately after their arrest, the police
official concerned flashed news across the
sub-divisional area to have rounded up
three suspected extremists from the
Dhalbhumgarh bazaar. Police wanted the
poor villagers to pay a hefty amount to
release them. As they could not pay, they
were remanded to Ghurabanda Police
Station and later to judicial custody.13
On 5 July 2004, a two-member fact-
finding team of the National Human
Rights Commission began investigations
into the complaint filed by Poonam Devi,
wife of Anil Singh, who was shot at by
Jhumri Tilaiya police on 16 November
2001. Singh was shot in the leg allegedly
outside his home. Poonam Devi had
claimed that her husband was tortured and
falsely implicated by then officer in-
charge of Jhumri Tilaiya police station
Ramrekha Pandey. Investigating officers
T. S. Rao and Manmohan met Singh at the
Koderma sub-jail. They also met Pandey,
senior police officials of the district and
Deputy Commissioner Rahul Sharma.
Singh’s left leg has reportedly become
dysfunctional after the incident.14
On 17 November 2004, a group of
policemen from Vishnugarh police station
in the Hazaribagh district looted electronic
goods - a VCP, a colour TV, a stabilizer etc.
INDIA HUMAN RIGHTS REPORT 2005
from the house of Paulus Hansda, an
adivasi, in Banaso village during a
combing operation. The police were
reportedly conducting a combing operation
in the village when they heard music
coming out of the mud house. When they
entered into the house they found that the
family members were busy watching a film
on the video. The police took the goods
away accusing the family members of
either having stolen the same or gotten
them as rewards for helping the naxalites.
The family members even produced the
purchase documents and informed that the
son of Paulus Hansda who was employed
in Mumbai had paid for them. But the
police refused to believe them. Hansda,
along with a group of villagers, approached
the Superintendent of Police of Hazaribagh
who directed the policemen to return the
seized goods immediately. But no action
was taken against the errant policemen
including the Officer-in-Charge.15
III. Atrocities by the armed
opposition groups
The armed opposition groups like the
Peoples War Group and the Maoists
Communist Centre were responsible for
blatant violations of international
humanitarian law standards. The armed
opposition groups resorted to
indiscriminate killings, torture, kidnapping
and “the passing of sentences and the
carrying out of executions without
previous judgment pronounced by a
regularly constituted court affording all the
judicial guarantees which are recognized
Jharkhand
as indispensable by civilized peoples”.
The victims included civilians and alleged
police informers.
On 7 May 2004, suspected members
of the MCC killed one of its area
commander Nagesh Mahto in Ambara
village under Nawadih police station
limits of Bokaro district for his alleged
participation in the Lok Sabha elections.16
On 10 May 2004, Gura Murmu, Dhani
Murmu, Lopsa Hansda and Sanat Murmu,
a physically challenged man, were
reportedly killed and four others were
injured by the MCC and the PWG cadres
at Chakri village under Dumaria police
station in East Singhbhum district. The
killing was in retaliation against the
alleged killings of two PWG cadres by the
villagers. While the polio struck Sanat,
who was unable to flee, was dragged and
bludgeoned to death, Lopsa Hansda was
shot dead at point blank range and his head
was crushed with stone. Gura Murmu and
Dhani Murmu were reportedly dragged
out of their huts and subjected to the
physical punishment before they were
killed by slitting their throats. The injured
persons have been identified as Kanhu
Hembrom, Motka Murmu, Arjun Gope
and Jagdish Bera.17
Duggi Lal Mahto and Jageshwar Ram
were reportedly killed by MCC activists
on the night of 14 May 2004 at Chakchko
village under Vishnugarh police station on
Giridih-Hazaribagh border in Giridih
district. The victims were mercilessly
beaten up at a Jan Adalat, Peoples’ Court,
and eventually killed. While fingers of
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INDIA HUMAN RIGHTS REPORT 2005
Duggi’s hands and legs were reportedly
chopped off before hacking him to death,
Jageshwar’s head was smashed with a
huge stone.18
On the night of 10 January 2004,
MCC cadres reportedly abducted
Pratappur Block Development Officer
(BDO), Bharat Bhushan Prasad, his son
and two others from Pratappur block in
Chatra district. About 30 to 40 armed
activists attacked Prasad’s residence and
kidnapped him. When his son tried to
show some resistance, he too was
abducted along with the driver and his
assistant. However, the naxalites released
the son and the driver.19
The Maoists were responsible for
destruction of infrastructure. In the
morning of 6 January 2004, suspected
members of the PWG reportedly blew up
the Ramna railway station in Garhwa
district.20 On 20 July 2004, the MCC
cadres blew up the office of TRYCEM
located at the block headquarters of Gawa
of Giridih district as the policemen came
and stayed there earlier.21 At around 3 a.m.
on 21 October 2004, the PWG blew up the
railway station in Latehar district to
protest against the killing of a sub-zonal
commander in a police encounter.22 On the
night of 15 November 2004, suspected
PWG members blew up a guest house
belonging to the State Forest Department
at Bishrampur under Ranka police station
limits in Garhwa district.23
IV. Violence against women
A National Commission of Women
110
Jharkhand
report on the state of women in Jharkhand
released in New Delhi on 22 December
2004 stated that about 400 women have
been killed in illegal mines mishaps in
Jharkhand since 1988. Most of these
deaths ahve been reportedly denied by the
police. Even, the dependents of the victims
remained silent fearing legal reprisals. The
report quoting a survey stated that the poor
tribal women in the state have been
compelled to take to illegal mining-
manual extraction of coal from abandoned
Pits to earn a meager living after losing
their husbands and sons in mine disasters.
According to the survey, more than 90 per
cent women in Hazaribagh-Chhatra
districts have lost their agricultural land to
mines. This has forced them to work as
contract labourers and as domestic help in
urban centres, making them vulnerable to
sexual abuse. As payments in mines are
erratic, the labourers cannot afford to buy
cereals at market rate while the Public
Distribution System has broken down.
Women often stay hungry to ensure
adequate food for the family. This has led
to increased malnutrition, calcium
deficiency and blood deficiency related
diseases among them.24
On 9 December 2004, a newly
married couple Galo Kumari and Bishnu
Naik were allegedly stripped, tonsured,
beaten and paraded naked in public for
marrying out of caste in Manhu village in
Khunti sub-division of Ranchi district.
When an old woman tried to cover up the
girl with a piece of cloth, she was also
beaten up. The couple was finally
INDIA HUMAN RIGHTS REPORT 2005
ostracised from the village. While Galo
Kumari belonged to Pahan tribal
community, her husband was a scheduled
caste (Ghasi), which is considered ‘lower’
to the Pahan tribe. They reportedly eloped
and married against the consent of their
parents.25 An FIR was lodged by Bishnu
with Khunti police under Section 307, 147
and 148 of the Indian Penal Code. Police
have reportedly arrested Galo’s father
Bagun Munda and younger brother Bhodo
Pahan, who had allegedly instigated the
villagers.26
V. The status of the Adivasis
The tribal population in the State has
reportedly registered a sharp decline over
the years. As per the 2001 Census, the
Scheduled Tribe population went down
from about 45 percent to 26.3 percent.27
On 4 December 2004, the State
Cabinet approved a Personnel &
Administrative Reforms Department’s
proposal for making recommendations to
the Union Government for the inclusion of
Maal (Maal Kshetriya) and Rautiya castes
in the list of Scheduled Caste (SC) and
Scheduled Tribe (ST) respectively.28 The
state government also recommended for
inclusion of the Kurmis in the Scheduled
Tribes list. Different tribal organisations
like Adivasi Chatra Sangh, Adivasi
Morcha and tribal scholars and leaders
have opposed the State Cabinet’s decision
and have threatened to create a social
unrest, similar to what the State faced over
the domicile issue in 2002.29 A 48-hour
statewide chakka jaam was called by 13
Jharkhand
tribal organizations headed by the Adivasi
Chhatra Sangh on 17 and 18 December
2004 to protest the Jharkhand
Government’s move to include Kurmi and
Teli castes in the list of Schedule Tribes.30
i. Land alienation
Displacement was not confined to
particular districts but has been an issue
for the entire Jharkhand. More than
3,48,628 acres of public land, 8,52,033
acres of private land and 3,45,083 acres of
forest land have been acquired in
Jharkhand during the period 1951-1995 to
set up industries, mines, sanctuaries,
thermal power plants, dams and other
development projects. However, the
displaced tribal people have not been
properly rehabilitated.31
About 100 years ago Tata established
two companies in Ranchi - Telco and
Tisco. To set up Tisco, 3,546 acres of land
were acquired, displacing 7,000 families,
consisting mostly of tribals. To set up
Heavy Engineering Corporation in 1959,
12,990 families were displaced to acquire
9,200 acre of land. The acquisition of
34,227 acres of land for Bokaro Steel Plant
displaced 12,487 families. The Central
Coalfield Limited and Eastern Coalfield
Limited were set up, both for mining,
thereby displacing a total of 15,000
families for 1,58,000 acres of land. For
Swaranrekha river project, 85,000 acres of
land were acquired, affecting 68,400
families. To set up Tenughat Power Plant
at Hazaribagh, 76,300 families were
displaced for the 97,843 acres of land. The
111
INDIA HUMAN RIGHTS REPORT 2005
ongoing 710 MW Koel Karo power
project is likely to displace more than one
lakh people. The major displacement took
place in Jamshedpur, Ranchi, Bokaro and
Dhanbad districts. One third of the state
population was affected. In total, 2,26,022
families were displaced over the years in
the state.32
The state government did not
implement its promises of rehabilitation of
the affected people. The State Government
gives the land to companies interested in
setting up projects. And the companies in
turn prepare rehabilitation packages. Apart
from cash compensation, many of these
companies promise providing jobs to each
of the displaced families. But in reality,
hardly ten per cent of them are given jobs
and the rest are left to fend for
themselves.33
On 4 December 2004, the State
Cabinet approved a couple of proposals to
rehabilitate thousands of families
displaced either by the Bokaro Steel
Limited (BSL) or in major irrigation
projects like the Subernarekha Multi-
purpose Project (SMP). The Cabinet
reportedly sanctioned Rs 7.82 crore for
distribution of compensation among the
BSL displaced pursuant to the Supreme
Court order of 17 February 2004.34
ii. Violation of the Chotonagpur
Tenancy Act
Tribals’ lands have been grabbed with
impunity by Dikus (outsiders) in clear
violation of the Chotonagpur Tenancy Act
of 1908 that was formulated to safeguard
112
Jharkhand
the land rights of the Adivasis. While
grabbing of tribal land is visible in almost
every village of Dumka district, it is more
prominent in the villages under the
Shikaripara block where there are a
number of stone quarries. According to
official records, there are about two
hundred stone mines, which cover over
nearly 500 acres of land. Srijal Tudu and
his brothers of Sarasdangal village gave 17
bigha of land (i.e. plot no. 25, 26, and 40)
to one Lallan Pandey who is allegedly
running a stone quarry without proper
grant of lease. According to the contract,
Pandey was to pay Rs 2,500 per bigha
yearly for ten years. But Tudu’s family did
not received a single penny. 35
Kishun Hembram of Chitragarihia
gave his land on lease to a miner for
digging a pond only. But later on
Hembram’s family members were shocked
to find that the lease-holder had got
Kishun’s thumb impression on a document
which showed that the land had been given
on lease to them for ten years.36
Similarly, Sheetal Hansda of
Makrapahari village also leased her land to
M/S Dina Nath Stone Works for five years.
When she wanted to take back the land
after five years the miner claimed that it
was leased out to him for ten years. He
also showed a document to prove his
claim. But Hansda was not given a copy of
the agreement.37
Sometimes the miners create such a
situation where land-holders have no way
out but to surrender their land for money.
Sabori Hembram of Sarasdangal gave up
INDIA HUMAN RIGHTS REPORT 2005
her land as sand and stone chips were
being thrown at her land and crops.
Similarly, Parvati Marandi of Makrapahari
leased her plot to Gouri Shankar Bhagat
for five years. But her land was slowly
being occupied by one miner Panna Singh
from one side and Gauri Shankar Bagat
from another side.38
iii. Health
The tribal areas have little access to
health care facilities. Villages like Chukru
and Bhakhari in Daltongunj, a tribal belt in
Palamau district are seriously affected by
fluorosis because of the absence of proper
drinking water facilities. The indigenous
peoples have been forced to consume
water contaminated with fluoride. In 1986,
the National Drinking Water Commission
had set up a committee to provide safe
drinking water to all fluorosis-affected
villages by 1990. A survey conducted by
Society for Environment and Social
Awareness found that 17-20 per cent of the
villagers were suffering from the disease.
A project to provide potable water to the
villages from a tank in Daltongunj was
conceived at a cost of Rs 1.75 crore. Pipes
were laid and a tank was constructed. But
before the tank could even be used to store
water, it started showing cracks in 1999.
None of the district officials cared to
complete the project.39
The Pahariya tribe of Santhal
Parganas district is an endangered tribe. In
the absence of proper medicines and
healthcare facilities, deaths due to diseases
like malaria and kala-azar (black fever)
Jharkhand
occur in epidemic proportions. Every year
during the summer months the deadly
black fever claims hundreds of lives.
Twelve Pahariyas died in July and August
2004 due to kalaazar at Phitkoriya village
under Rajbandh Panchayat.40 Records also
revealed that the disease directly affected
more than 2,800 Pahariya people with 679
deaths in 2003 in Santhal Parganas.41
iv. Extreme poverty
On 19 September 2004, the
Opposition in Jharkhand claimed that at
least 14 starvation deaths had occurred in
the districts of Dumka and Palamu within
a month. The State government blamed it
on malnutrition.42 The Central and the state
governments have reportedly released Rs
8.8 crores as interim drought relief. But
villagers alleged that not a penny had
reached them.43
Taking cognizance of the reported
starvation deaths in Jharkhand, the
National Human Rights Commission on 5
October 2004 asked the State government
to explain within two weeks the reasons
behind the deaths. 44
Santu Munda reportedly starved to
death at Betulkhurd village in Gola block
in Hazaribagh district in December 2003.
Acting on a petition filed by human right
activist Ranjeet Kumar Roy, the Jharkhand
High Court on 16 April 2004 served notice
to the State Welfare and Rehabilitation
Commissioner and Hazaribagh Deputy
Development Commissioner, besides the
block development officer and block
welfare officer of Gola and directed them
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INDIA HUMAN RIGHTS REPORT 2005
to submit a report on the death of Santu
Munda.45
In August 2004, 50-year-old Lepsi
Devi, a resident of Tilaya Tolak in Garhwa
district reportedly died of starvation and
malnutrition. The victim had reportedly
survived on herbs for one month before her
death. Her son and daughter-in-law left the
place to escape starvation. Several other
residents of the village were reportedly
facing starvation. However, the district
administration denied any starvation
death.46
Machindra Mahto, a farmer from
Tikratoli village, committed suicide by
consuming pesticides in first week of
September 2004. He had taken a loan of
Rs 70,000 from money lenders and was
unable to repay it. Like Machindra
hundreds of farmers in the state have been
reeling under heavy debt and desperation.47
On 17 October 2004, 15-year-old
Bduba Mushar died inside a roadside
shelter at Pirojpur in Maherama block of
Godda district due to starvation. Mushar
took to begging to support himself and his
80-year-old grandmother, Tunia Devi,
after the death of his parents within a span
of two years.48
In October 2004, 50-year-old Jalia
Mahara, a poor widow, died of
malnutrition in Fulchi village under
Madhupur subdivision of Deoghar district.
Lakshman Mahara, a relative, stated that
the villagers had approached the local
administration a number of times for grant
of old-age pension for the woman, who
had to beg to earn her bread as she was
114
Jharkhand
childless. But the villagers alleged that the
administration took no step to provide
relief to the hapless woman.49
A two-member committee appointed
by the Jharkhand government on a directive
from the Supreme Court following reports
of starvation death in the state found that
the Block Development Officer (BDO) of
Paki block in Palamau district, Ibrara
Hassan, had directed his subordinates not to
provide any foodgrains to people in Ulgara
village because they exposed the hunger
death of a woman in the village to reporters.
The BDO allegedly promised the villagers
to dig two wells and a pond in the area if
they denied that the hunger death took place
in August 2004. The investigation
committee has reportedly recommended
action against the BDO. The committee
also found that seventeen families in the
village were facing acute hunger and
needed immediate relief.50
VI. Misue of POTA
Jhakhand had the highest number of
detainees under the POTA. A total of 128
POTA cases have been lodged by the State
Police and 281 persons were arrested since
POTA was invoked in 2002. The official
number of POTA arrests in other states
were as follows: 181 in Jammu and
Kashmir, 83 in Gujarat, 44 in Delhi, 42 in
Maharashtra, 41 in Tamil Nadu, 40 in
Andhra Pradesh, 28 in Uttar Pradesh, 6 in
Sikkim, and 3 in Himachal Pradesh.51
On 6 September 2002, the state police
raided the house of one Hemlal Mahato
whom they suspected to be an activist of
INDIA HUMAN RIGHTS REPORT 2005
Maoist Communist Centre. The police
alleged that he was planning to loot trucks
loaded with grains, and claimed to have
seized receipts of MCC relief fund, Rs
14,300 in cash and other belongings from
his house. Despite that Mahato denied his
involvement with the MCC and produced
a certificate from his employer in Mumbai
that he has been working there since 1999,
he was charged with sedition and
conspiracy, and was arrested under POTA
for being a member of a terrorist
organisation.52
Both the youngest POTA detainee in
the country, 12-year-old Gaya Singh and
the oldest of them, 81-year-old Rajnath
Mahato were from Jharkhand. 14-year-old
Mayanti Rajkumari, a resident of Pandrani
village in Gumla district, was picked up by
police on her way back home from school
on 9 July 2002. The next morning police
informed the family that Rajkumari had
been arrested under POTA along with 24
others for allegedly planning to attack a
Dhaba, a roadside restaurant, 18 km away
from her school.53
Shibu Oraon had gone to fetch
firewood from the forests near his village
in Gumla district. On his way homewards
he was intercepted by a police patrol
vehicle and quizzed about his credentials.
Although he repeatedly pleaded that he
was innocent and was not involved in any
militant activity, he was picked up by the
police and booked under the Prevention of
Terrorism Act (POTA) for alleged links
with the Maoist Communist Centre
(MCC).54
Jharkhand
Sunita Kumari, 19, was at home when
a group of outlawed persons barged inside
and ordered her for some food. Scared, she
complied with the orders. A couple of days
later, some policemen came looking for
Sunita. She was branded an extremist and
booked under POTA.55
On 20 January 2002, a police team led
by Deputy Superintendent of Police raided
many Adivasi villages under Piparwar
Police station of Chatra district. While the
MCC cadres fled from the villages after
they got the information about police raid,
police arrested many innocent villagers
under POTA accusing them of being MCC
cadres.
Asian Centre for Human Rights
interviewed some of the innocent people
who were detained under POTA.
Amrit Oraon, son of (s/o) Chandru
Oraon from Sareya village was detained 6
months under POTA before his release on
16 June 2002. Lakkhan Oraon, s/o Late
Akala Oraon of Jhulandiha village under
Piparwar police station was released on 20
June 2002 after being held in detention for
6 months. Mola Oraon, s/o Kunu Oraon of
Sareya village was detained for 6 months
under POTA before his release on 20 June
2002.56
Balko Oraon, s/o Charan Oraon of
Sareya who was arrested on the same day
was detained for about 18 months before
his release on 16 July 2003. Mangara
Ghambhu s/o Punita Gambhu of Dimbua
village was also released on 16 July 2003.
Basey Oraon, s/o Late Baldev Oraon of
Jhulandiha village and Bigwa Oraon, s/o
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INDIA HUMAN RIGHTS REPORT 2005
Suchuwa Oraon of Jhulandiha village
Dame Oraon, s/o Madhava Oraon of Sareya
village were also released on 20 July 2003
after being detained for 1 and half years.
Bandhu Oraon, son of Jitu Oraon of
Baseriya village released on 18 August
2003 after detention for 20 months.57
On 9 June 2004, Chief Minister Arjun
Munda announced the government’s order
of withdrawal of POTA against 145
116
Jharkhand
detenues after the state review committee
found that the cases lacked enough
evidence in 59 cases.58 But, many of the
released POTA detainees continued to
remain in prison under various charges
filed under normal laws. Many were too
poor to pay the bail bond money and have
little access to legal aid. However, those
police officials who have abused POTA
have been given complete impunity. ■
C h a p t e r
12
Karnataka

I. Overview

R
uled by the Congress-Janata Dal (Secular) coalition,
Karnataka stepped up operation against the Naxalites in
2004. On 12 October 2004, over 1,000 police personnel were
deployed to flush out the Naxalites in the Western Ghat region.1
Although Chief Minister Dharam Singh invited the Naxals to the
negotiation table in June 2004,2 the People’s War Group (PWG)
placed various demands including the dismissal of the Rapid Action
Force, government apology to the family members of the alleged
INDIA HUMAN RIGHTS REPORT 2005
slained Naxals, release of some Naxals
being lodged in Gulbarga jail and
Chikmagalur jail, and an end to the
evictions of the people from Someshwar,
Mookambika and nearby forest areas for
holding talks.3 No dialogue took place in
2004.
The security forces were responsible
for human rights violations particularly
torture, rape and custodial killings. On the
night of 16 March 2004, Mehboob Pasha
died in police custody after he, along with
five others, was arrested by a police team
led by Sub-Inspector Balakrishna from the
outskirts of Pavagada town in Tumkur
District.4
The Naxalites have been responsible
for human rights violations, including
violation of the right to life. On 22
November 2004, one Hemmige
Chandrakanth, a farmer, was brutally
beaten up at his house in Talagaru near
Bukkadibail in Chikmagalur District by a
group of Naxal cadres. The wooden piece
used to torture him had pierced through his
legs, fracturing them. Chandrakanth
suffered multiple injuries. He had to be
admitted in the Manipal hospital.5
Atrocities on Dalits, threats of forced
relocation and eviction of the indigenous
and tribal peoples were reported.
Prison conditions remained
deplorable. Ill-treatment of prisoners,
unhygienic cells, sub-standard food and
lack of medical attention were widely
reported. Hundreds of undertrials have
suffered from judicial delay.
While official figure of child labourers
118
Karnataka
in the state is put over 39,000, non-
governmental organizations put the figure
much higher. Many of the child labourers
are forced to work in hazardous
conditions, and subjected to sexual and
physical exploitation.
There are about 2.5 lakh sex workers
in the state. Majority of them are under 18
years of age and hail from socio-
economically marginalized families in
tribal and rural areas. Although the
Karnataka government has taken some
measures to combat trafficking of women
and children, the problem has been
growing alarmingly.
II. Atrocities by security forces
i. Arbitrary deprivation of the right to
life
The National Human Rights
Commission registered 41 custodial deaths
in 1999-2000, 46 in 2000-2001, 50 in
2001-2002 and 65 in 2002-2003.6
On the night of 16 March 2004,
Mehboob Pasha died in police custody
after he, along with five others, was
arrested by a police team led by Sub-
Inspector Balakrishna from the outskirts of
Pavagada town in Tumkur District. They
were allegedly caught while gambling. He
was brutally beaten up in the police station
and died while being taken to hospital for
treatment. According to the police, the
victim died following a heart attack en
route to Bangalore. However, the
deceased’s friends, Markandeya, Krishna,
Ramu, Eshwar, Nagappa and Ramanji,
INDIA HUMAN RIGHTS REPORT 2005
who were arrested along with him, stated
that he was not playing the cards but only
watching. They alleged that he was
tortured to death.7
On 2 June 2004, one Rangappa of
Gowribidanur in Kolar district was found
dead under mysterious circumstances in
Aijoor police station in Ramanagaram
taluk in Bangalore Rural district after he
was picked up for interrogation in
connection with a theft case. The victim
was working as a watchman at the
construction site of Divine School of
Nursing near Archakarahalli, from where
he had allegedly stolen iron bars. Police
reportedly detained him in the police
station without registering a complaint
against him. Police claimed that Rangappa
had committed suicide by hanging from a
ventilator rod with the help of a towel in
the toilet.8
On 1 December 2004 night,
Shyamanna, a close relative of Jalihalla
Camp’s Congress leader and MP K
Virupaksha, died following alleged police
assault in Sindhnur town. On the morning
of 2 December 2004, the deceased’s body
was taken to the government hospital for a
re-test since earlier post mortem tests were
not conducted in the presence of the police.9
ii. Arbitrary arrest, detention and
torture
Police highhandedness and torture
continued to be reported from Karnataka.
Even children were not spared.
On 1 January 2004, about ten
policemen attached to Hoyasala patron
Karnataka
squad allegedly beat up Dr Vijayabhaskar,
an ex-major in the army and resident of
Kanakapura road, and his father in
Kumaraswamy Layout police station
limits. They were beaten up for protesting
against the nuisance being created by
inebriated policemen around 1.30 a.m.10
On 25 May 2004, Vinod Raj and John
Peter were allegedly beaten by the
personnel of the MEG Centre and Training
area, Bangalore. They were assaulted after
tying their hands with ropes.11
On 28 May 2004, 16-year-old
Bonison Gustin Fernandes was allegedly
beaten by police of Chendia in Karwar in
North Kannada District. He was suspected
of stealing some articles from the hotel
where he served as a room boy. The
beating by the police left Fernandes semi-
conscious. The hotel authorities and the
police then allegedly tried to
systematically cover up the entire incident
as they dropped him back home after
giving him cursory treatment at a private
hospital. As his condition grew critical, he
had to be reportedly rushed to civil
hospital on the morning of 3 June 2004.12
In June 2004, Nagesh, an office boy of
Journalists Association, was allegedly
beaten up by police in the K R police
station, Mysore after he was reportedly
picked up from the Association’s office
following a complaint by one Jayes Kumar
accusing Nagesh of stealing his mobile.13
On 18 June 2004, Kokila, a
transsexual, was allegedly accosted by 10
unidentified persons on Old Madras Road.
They allegedly took her to a ground and
119
INDIA HUMAN RIGHTS REPORT 2005
raped her. After sometime two policemen
arrived at the spot and managed to arrest
two culprits. They abused Kokila in filthy
language and took her to the
Byappanahalli police station, Bangalore
along with the two miscreants. According
to her, in the police station, she was
stripped naked, handcuffed and beaten up.
The policemen allegedly tortured her
sexually.14
On 26 October 2004, two minor boys,
aged 13 and 15 years, hailing from
Chandapura under Anekal Taluk,
Bangalore were allegedly subjected to
brutal torture by the police in the custody
of the MICO Layout police station in
Bangalore. The boys were handed over to
the MICO Layout police after they were
caught stealing a mobile phone from a
youth hostel in Madivala on the same day.
The police allegedly abused them and even
administered electric shocks to elicit a
confession. They were later handed over to
the Makkala Sahayavani (an initiative of
the Bangalore City Police to attend
problems of children) who in turn
produced them before the Child Welfare
Committee. Nina Nayak, the chairperson
of the Committee, reportedly stated that
the children could barely sit due to the
physical injuries they had suffered. Police
had repeatedly squashed the younger boy’s
thumb with their boots due to which it had
severely swollen. Both the children have
welt marks, which could only made by a
police baton.15 Later in an identification
parade, the children reportedly identified a
police constable, Chikkalingaiah as the
120
Karnataka
torturer.16
iii. Violence against women
The Karnataka Police have also been
responsible for violence against women
including rape.
An undertrial lodged in the Gulbarga
Central Jail, Sridevi Saidappa from
Dhudani in Maharashtra alleged that she
was raped by two police constables
identified as Rukmakanth and Siddanna
on the evening of 4 October 2004. She
was being escorted back to the Gulbarga
Central Jail from Aland, where she was
taken for a hearing in the Aland court.
Woman constable Shoba, who was
accompanying the party, was allegedly
sent away by the constables. The police
constables, however, denied the
allegation. A medical examination
conducted at the District General Hospital
in Gulbarga also reportedly found no
physical marks on her body. The doctors
sent the smears for examination at the
forensic laboratory, Bangalore.17 Earlier in
February 2004, the Supreme Court in a
judgement on another rape case at
Athnoor village in Gulbarga district held
that absence of injuries on the body of the
victim would not by itself be sufficient to
discard the prosecution.18
On 20 October 2004, a police
constable, Hanumanthappa in Jagalur,
allegedly raped a 15-year-old schoolgirl of
Class X. Constable Hanumanthappa
accosted the girl when she was returning
from a floor mill to her house near the
police quarters at around 6:45 pm in the
INDIA HUMAN RIGHTS REPORT 2005
evening. He allegedly tied her both hands
and raped her. A case was registered at the
Jagalur police station, and the accused
police constable was arrested.19
III. Atrocities against the Dalits
The Dalits continued to face atrocities
from the upper castes. They could be
assaulted even for not driving a tractor
slowly in front of the upper caste or for
dancing in local suggi festival.
On 12 May 2004, activists of the Jati
Vinasha Vedike protested in front of
Deputy Commissioner’s office in
Chikmagalur condemning the increasing
trend of atrocities on the Dalits. The Dalit
families in a village near Tarikere were
assaulted for not voting for the upper caste
candidate in the assembly elections. A
pregnant Dalit woman was allegedly
assaulted and the hand of another Dalit
was reportedly broken in the attack.20
In August 2004, BJP-Bajrang Dal
activists allegedly demolished the house of
a Dalit, Lakshman in Bramhin Keppige
village of Sagar taluk in Shimoga district.
An FIR was filed against Bajrang Dal
activist K H Sudarshan and others, but
none was arrested.21
IV. Atrocities against the Adivasis
Indigenous peoples living in various
reserve forest areas have been facing threat
of evictions. In June 2004, the forest
department reportedly decided to order the
Indian Survey Department to conduct a
survey into the encroachments at Sirivase,
Bhayravalli, Karagur, Bhagamane and
Karnataka
Belgodu villages in Masagali area and
Sargodu, Darshana, Korala Talagur,
Kundur, Hegudalu, Kove, Chikkarane and
Talavar villages of Sargodu area.22
About 54 tribal settlements inside the
Nagarahole National Park have also been
facing similar threats of eviction. A
sizeable tribal population has already been
relocated outside the park area. Gathering
of minor forest produce for commercial
purposes and felling of trees have been
totally banned in Protected Areas.23
The state government reportedly
submitted a proposal to the Centre for
releasing Rs 60 crores to buy private land
and distribute it among those who want to
come out of the revenue enclaves in the
Kudremukh National Park area. On 28
October 2004, the Additional Chief
Secretary and Development
Commissioner, Chiranjeev Singh, claimed
that nearly 200 persons residing inside the
park area have expressed their desire to
shift from the forests. He said 105 persons
in the revenue enclaves within the park
would be given “pattas” and those living in
such enclaves would not be evicted.24
The announcement came a day after
the killing of two women activists of Kanti
Kari Mahila Sangha in a police encounter
at Bollottu village in Udupi district. Local
bodies such as the Kudremukh Rastriya
Udayana Virodhi Vakoota and a number of
local groups have been resisting the
formation of the park since it would lead to
the large-scale relocation of people. In
1987, the Karnataka forest department
issued a preliminary notification declaring
121
INDIA HUMAN RIGHTS REPORT 2005
62,000 hectares as the temporary area of
the national park. It covered two state
forests and two reserve forests across 38
villages, five taluks and three zilas. In
2001, the state government issued the final
notification. While 57,628 hectre area was
declared as the national park, 3703
hectares of forestland was notified for the
purpose of mining.25
In December 2004, the villagers of the
Mallandur Gram Panchayat from
Byaravalli, Avati, Beranagodu, Siragodu,
and other villages under the Masagali
Forest limits, claimed that out of 1297
acres of reserve land under the Masagali
forest limit, 867 acres are revenue land.
More than 200 families who have been
living in the Masagali forest limit for many
years and all possess valid documents to
prove that government had sanctioned
their lands.26
On 28 December 2004, District
Progressive Tribal Association and several
other tribal welfare organisations took out
a procession in Mysore demanding
implementation of welfare measures
directly by the state government instead of
the Zilla Panchayat and Taluk Panchayat,
constitution of a high-level investigation
from the Centre and the State governments
on the alleged misuse of reservation given
to tribals, undertaking training
programmes for the tribal youth, providing
of fair price shops in tribal areas and
Antyodaya (Below Poverty Line) cards for
tribal families and upgradation of Ashram
schools in tribal areas.27
Those who were espousing the rights
122
Karnataka
of the indigenous peoples have been facing
threats from the forest authorities. On 28
April 2004, a special panel of the Supreme
Court gave some reprieve to Kudremukh
Wildlife Foundation (KWF), an NGO
which was allegedly targeted by forest
officials for exposing a series of violations
of apex court orders pertaining to the
Kudremukh National Park. The Forest
Department had reportedly sent a list of 78
questions to the NGO, ranging from their
source of funding, registration details to
permission required to work within the
forest. Charges were later slapped under
the Wildlife Protection Act and the
Karnataka Forest Rules for trespassing
into the park in 2001. On 19 April 2004,
the Deputy Conservator of Forests Anita
Arekal reportedly issued summons to the
NGO. Three days later, the DCF raided the
premises of Niren Jain, a KWF member,
and seized computers, diaries and
documents. The Supreme Court panel has
decided to set up an independent inquiry
and stayed the summons against the KWF
issued by the Forest Department till the
probe report was filed.28
V. Prisons and prisoners
Besides deaths of undertrials, torture
of prisoners, unhygienic cells, sub-
standard food and lack of medical facilities
were common in the prisons.
On the night of 2 July 2004, an
undertrial named Hanumanthraya
Madivalappa Biradara of Aski village in
Sindagi taluk allegedly committed suicide
by hanging inside the Bijapur prison.29
INDIA HUMAN RIGHTS REPORT 2005
In December 2004, a convicted
prisoner, Ramesh alias Shivkumar
alleged ill treatment by authorities at the
Gulbarga Central Jail. He alleged that he
had been kept in solitary confinement
since his transfer to the jail from Bijapur
on 31 October 2004. Besides inflicting
mental torture, he was not given proper
food and medical attention. He
complained of unhygienic cells,
inadequate and sub-standard food, and
absence of proper medical facilities to the
inmates. He further complained that those
who complain of any deficiencies to the
Jail Superintendent during his rounds
were ill treated by the officials later.
Instead of providing medical assistance to
the inmates who were ill, they were just
locked up in their cells. He also prayed
for immediate medical attention of a
convict named Seenu, who was allegedly
ill critically.30
Hundreds of undertrials were denied
justice due to inordinate judicial delay. On
24 February 2004, an undertrial Ravi alias
Raviprasad, an accused involved in eight
theft cases pelted a stone at the Principal
Civil Judge (junior grade) Krishnaraj
during hearing. Though the cases were
registered two and a half years ago and he
admitted to having committed the theft,
the judge could not pass a judgement. He
was produced time and again before the
court.31
Hundreds of others however were not
produced before the courts due to acute
shortage of escort staff. In the Parappana
Agrahara central jail, there were 3,585
Karnataka
prisoners, and more than 65 per cent were
undertrials. This meant that every day,
around some 350 to 400 prisoners had to
be produced before various courts in and
around Bangalore. The escort staff
strength was 227 and only 100 or 110
prisoners were produced before the courts
daily. Mr B S Abbai, Deputy Inspector
General of Prisons, Parappana Agrahara
Central Prison, stated that they were short
of 200 policemen for escort duty. Taking
into account the plight of undertrials, the
High Court gave permission for sittings of
criminal courts in the jail premises. The
sittings were held on 14 August 2004, 22
August 2004, 30 September 2004 and 1
October 2004. In the first two sittings, as
many as 594 cases were reportedly closed.
Around 100 persons were produced
through video-conferencing daily. Yet, the
agony of the undertrials continued.32
VI. Rights of the Child: Child
Labour
According to a UNICEF report titled
“The State of the World’s Children 2005”,
61.4 per cent of the children are deprived
of toilet facilities, 16.5 per cent are
severely underweight, 13 per cent do not
use drinking water from a pipe or an hand
pump, 13.7 per cent live in Kaccha houses
and 10.1 per cent have not been to school
in Karnataka.33
Child labour is rampant in the state.
According to Minister of State for Labour
and Haj, Tanvir Sait, there were over
39,000 child labourers in the state, of
which the Labour Department had
123
INDIA HUMAN RIGHTS REPORT 2005
identified 7,000 children employed in
hazardous and 32,000 children in non-
hazardous industries.34
The NGOs put the figure much higher.
Child labour is particularly the most serious
in Davangere district. There are more than
600 puffed rice factories in the district
which employ one child labourer on an
average. As none of them are officially
registered as industries, the children
working in these factories are treated as
labourers engaged in domestic sector. The
Child Labour (Prohibition and Regulation)
Act of 1986, which bars employing of
children in hazardous sectors, does not
prescribe any punishment for employing of
child labourers in domestic sector. Many
child labourers lose their lives. Among the
22 cases of children’s death which have
come to the notice of Campaign Against
Child Labour-Karnataka (CACL-K) since
1997, only in three cases conviction had
taken place. Six cases were settled for
paltry compensation, while seven cases
were still pending. Two cases were under
investigation by Criminal Investigation
124
Karnataka
Department.35
On 8 January 2004, Venkatesh, a
witness in the Hangarahalli bonded labour
case in Mandya who testified before the
District Additional and Sessions Judge H P
Sandesh, alleged that their legs were
chained, and they were forced to clean the
excreta without wearing clothes. Venkatesh
also alleged that the mine owners had
threatened them to say that they were tied
for a cinema shooting. The mine labourers
Krishna and Venkatachala were questioned
on 6 January 2004, when the trial of the
case began in Mandya. They reportedly
identified the photos and chains.36
Taahir Ali, a 13-year-old child
labourer, died on the night of 11
December 2004 after he fell into a
cauldron and sustained burn injuries
while working in a puffed rice factory in
Davangere on 6 December 2004. In his
dying declaration, Taahir stated that he
got injured while working in a factory
owned by one named Sharifulla, who
fled. The boy’s parents did not file any
case against the employer.37 ■
C h a p t e r
13
Kerala

I. Overview

R
uled by the Congress Party, Kerala despite having no internal
armed conflict continues to witness serious human rights
violations by the law enforcement personnel. The use of
electric shock batons against students of Pariyaram Medical College
campus during a lathi-charge on 18 October 2004 indicates the use
of illegal and disproportionate force. The police have also been
responsible for custodial death, arbitrary arrest, detention and
torture.
INDIA HUMAN RIGHTS REPORT 2005
Land alienation of the Adivasis,
indigenous peoples is a serious problem.
There have also been reports of sexual
exploitation of tribal girls and killing of
children by unwed tribal mothers.
Extreme poverty and burden of debt
forced many farmers to commit suicide by
consuming pesticides. As many as 17
farmers committed suicide in March and
April 2004 with 11 farmers in Wayanad
district, 2 in Kannur district, and one each
in Kasargod, Palakkad, Kottayam and
Idukki districts.
The weak functioning of the State
Human Rights Commission remained a
serious concern. On 11 March 2004, the
Kerala High Court temporarily stayed the
functioning of the State Human Rights
Commission until a full Commission was
constituted as provided under Section 21
of the Human Rights Protection Act of
1993. The court held that the appointment
of the two members without constituting a
five-member full Commission was not in
accordance with law.1
II. Human rights violations by law
enforcement personnel
i. Arbitrary deprivation of the right to life
The law enforcement personnel
continued to be responsible for serious
human rights violations including arbitrary
deprivation of the right to life. The
custodial deaths have been consistently
rising in Kerala. The National Human
Rights Commission registered 20
custodial deaths in 1999-2000 in Kerala,
126
Kerala
27 in 2000-2001, 37 in 2001-2002 and 54
in 2002-2003.2
On 16 May 2004, A.P. Sajeev of
Kodannur NSS Nagar, Thrissur, died in
police custody after being taken into
custody by a traffic police team along with
his pillion rider, V.J. Manoj of Kodannur,
on charges of drunken driving from
Kizhakkumpattukara in the city. Sajeev
allegedly refused to accompany the police
to the station for breath analysis but he was
taken to the police station in the jeep of the
Flying Squad. The police stated that he
was taken to the Thrissur Medical College
Hospital when he complained of chest
pain, but died before reaching the hospital.
Manoj alleged that the police had tortured
Sajeev in the jeep.3
On 12 October 2004, a 30-year-old
man, Shibu, a driver reportedly died in the
police custody of the Thrissur Town West
Police Station in Kerala. Shibu was found
dead in the toilet of the police station after
he along with two other men was arrested
and detained at the Thrissur Town West
Police Station on the charges of possessing
cannabis on 11 October 2004. The police
claimed to have seized 3 kilograms of
cannabis at the time of the arrest. The
family members of the deceased, however,
alleged that Shibu had no criminal record
and had been in a good condition at the
time of his arrest. They alleged that he had
died due to brutal torture while the police
claimed that the victim had committed
suicide out of shame. The victim’s family
alleged that they saw the victim’s body
having cuts and bruises, indicating that he
INDIA HUMAN RIGHTS REPORT 2005
had been brutally tortured prior to his
death. There were allegedly blood clots on
many parts of his body and cuts and
bruises on his head, ear, chest and
abdomen. The post-mortem was
reportedly carried out by a police surgeon.4
ii. Arbitrary arrest, detention and torture
The Kerala Police resorted to torture
and other inhuman and degrading
treatment. The police also used electric
shock batons during lathi charge.
Three youth, two of them identified as
Iqbal and Bava, were allegedly illegally
detained and assaulted by the police at the
Bantwal police station in Mangalore
district on 11 and 12 January 2004.
Bantwal police had registered a case
against three on a complaint from
Rathnakar Shetty, the main accused in the
murder of Isubu, a petty trader at Kalladka.
But all the youth obtained anticipatory
bail, under which they needed to present
themselves at the station every Sunday.
The police allegedly detained them for
nearly five hours on 11 January 2004
without obtaining their signatures and
directed them to come back the next day.
On 12 January 2004 the youth were
allegedly assaulted at the police station for
12 hours. Bava had to be operated upon in
a private hospital. The PUCL Mangalore
district unit claimed that Iqbal was not
even an accused.5
On 15 January 2004, Mohammed
Siddique, a laboratory technician in
Malappuram, was allegedly picked up by
the Malappuram police from his house in
Kerala
connection with his marriage with Femina,
daughter of a wealthy businessman, without
the consent of her family members in
December 2003. He was kept in illegal
detention till 21 January 2004 and was
tortured during his detention. He allegedly
suffered from serious internal injuries,
which were certified by a doctor. The police
told him that he would be released only
after the marriage was cancelled and he
signed some blank papers. On 15 January
2004, Mohammed’s mother lodged a
complaint before the District Collector as
well as the Superintendent of Police, but no
action was initiated. The next day i.e. on 16
January 2004, she filed a write petition (Cr
No.16 of 2004) before the High Court of
Kerala to have her son produced in court as
the police had earlier denied the arrest. The
police finally produced the victim before
the court on 21 January 2004 and the court
ordered him to be released after executing a
bond worth Rs. 25,000/- and with a
condition not to leave the State without
sanction from the court. The court directed
the Manjeri District Sessions judge to
conduct an inquiry into the alleged torture
of the victim by the Malappuram police
during detention.6
On 18 October 2004, police allegedly
used electric shock batons during lathi
charge on protesting student activists who
were waving black flags at a visiting
minister at the Pariyaram Medical College
campus, Kannur. Some of the
demonstrators were stripped of their dhotis
and the eletric shock batons were used at
sensitive parts.7
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INDIA HUMAN RIGHTS REPORT 2005
Impunity is one of the root causes of
continued violations by the State Police.
On 4 February 2004, the Kerala Lok
Ayukta recommended to Director General
of Police to order a departmental enquiry
into the actions of the head constable
Sugathan of Ettumanoor Police Station,
Kottayam for torturing one P.K. Joy, a
small-scale merchant on 26 April 2003.
But no action was taken. With no other
option, Joy had to file a petition before the
Kerala High Court on 3 May 2004.8
III. Atrocities against indigenous
peoples
While Kerala did not witness any
major violent incident like the killings at
Muthanga on February 2003, the Adivasis,
indigenous and tribal peoples, continued to
be exploited by “non-tribals” who have
been gradually usurping their lands.
On 18 October 2004, the Central
Bureau of Investigation (CBI) filed three
charge sheets against 184 persons after its
investigation into the police's violent
repression of landless adivasis' occupation
of land in the Muthanga Wildlife Reserve
on 19 February 2005. The Adivasis were
protesting against the government's failure
to comply with an agreement made to
provide 53,000 landless Adivasi families
with up to 5 acres of land and include these
areas under the Vth Schedule of the
Constitution. Under the first charge sheet,
21 persons have been charged with
murder. The second charge-sheet pertained
to trespassing in the reserve. The third is
regarding the forest officials' detention
128
Kerala
when they and others were caught red-
handed setting fire to the forests so that the
blame could be put on the agitating
adivasis and this could then be used as a
pretext to forcibly evict them.
The CBI, however, absolved the
police, forest officials and the mafia of any
crime or human rights violations. The CBI
has stated that the agitation was initially
peaceful. Later, erecting check-points and
not allowing forest officials entry into the
forest placed impediments on the normal
functioning of forest officials. The CBI
stated that the use of force by the police
was after all legal formalities had been
observed. C.K Janu, the adivasi leader,
has approached the Kerala High Court to
appoint a special investigative team to
unearth the truth.9
The government of Kerala however
has taken little measures to provide the
lands to the Adivasis as land alienation
continues.Over 500 hectares of tribal land
spreading across 28 tribal settlements in
the Thiruvananthapuram forest territorial
division have been reportedly
“alienated”.10
In 1998, sixty-one Kani families in
the Vettikkavu settlement in the
Peringamala area of Thiruvananthapuram
forest territorial division were given
assistance under a scheme of the Rubber
Board to grow rubber trees in their
landholdings. When the rubber trees
became ripe for tapping, non-tribals
gradually began to usurp the lands of the
tribals in exchange for a meager sum of
INDIA HUMAN RIGHTS REPORT 2005
money. The land alienation at the
Theviyarkunnu settlement in the
Chooliyamala area of the territorial
division is reportedly so complete that not
a single tribal family is found there now.
A stretch of 118 hectares of tribal land in
this settlement is entirely with wealthy
non-tribals.11
There have also been reports of sexual
exploitation of the tribal women.
According to official estimates, there are
about 300 unwed mothers in Wayanad
district. For the victims, the raising of these
children has not only been a challenge but
also a psychological trauma. Girls who
become pregnant before marriage are ex-
communicated. Though the Kerala
Women’s Commission’s initiative by
enforcing DNA tests has reportedly
checked the widespread sexual exploitation
of the tribal women to some extent, the
victims continued to suffer in silence. A
Malayalam weekly magazine claimed that
unwed tribal mothers in remote Tirunelli
forests in Wayanad district had been killing
their children “frequently”.12
IV. Farmers’ death
Extreme poverty and burden of debt
Kerala
forced many farmers to commit suicide by
consuming pesticides.
On 3 April 2004, three farmers
reportedly committed suicide. One of them
was identified as Mathew Thomas, who
consumed pesticide in front of the public
at Mundakkayam town in Kottayam
district. The others reportedly took the
extreme step due to harassment by the
goondas, anti-social elements, employed
by private banks.13
At least 17 farmers committed
suicide due to crop loss in drought in
April and May 2004. The farmers include
11 from Wayanad district, 2 from Kannur
district, and one each in Kasargod,
Palakkad, Kottayam and Idukki districts.
The state government reportedly paid Rs
50,000 each to the families of 11 farmers
who died in Wayanad district. 14
Following the death of three more
farmers on 3 April 2004, the state
government reportedly declared a six-
month moratorium on farm loans, and
doubled the relief package for drought-
hit farmers depending on their crop
loss.15 On 31 May 2004, National Human
Rights Commission issued a suo motu
notice to the state government.16 ■
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INDIA HUMAN RIGHTS REPORT 2005 Kerala

130
C h a p t e r
14
Madhya Pradesh

I. Overview

R
uled by the Bharatiya Janata Party (BJP), Madhya Pradesh
witnessed serious human rights violations against the Dalits,
indigenous peoples and religious minorities (please refer to
the thematic chapter on attacks on religious minorities).
The Madhya Pradesh Police were responsible for arbitrary
arrest, detention and torture, arbitrary, summary and unlawful
deprivation of the right to life. The police enjoyed virtual impunity.
In November 2004, the Supreme Court upheld the conviction of a
INDIA HUMAN RIGHTS REPORT 2005
police officer responsible for custodial
death of a convict, Shambhu Tyagi in June
1984. However, most custodial deaths
went unpunished like the death of Hamid
Khan on 15 June 1995, Govind Prasad of
1997, Pancham Kachhi of 1998 and Kesar
Singh of 2001.2 In February 2004, Justice
R D Shukla, former Chairman of the
Madhya Pradesh State Human Rights
Commission stated that the state
government had been non-cooperative.3
Violence against women including
rape, molestation, dowry harassment and
dowry deaths, was widespread. Even
mediaeval form of atrocity against women
namely Sati has been reported to be alive
in the rural parts of the state.
The Dalit and indigenous women
were vulnerable, especially of rape by the
upper caste and the law enforcement
personnel. On the night of 8 July 2004,
three women of a Dalit family were
allegedly gang raped by about thirty men
belonging to upper caste at Bhamtola
village under Kahniwara police station in
Seoni district in retaliation for elopement
of a Dalit boy with an upper caste girl.4
The residents remained mute spectators to
the ghastly act.5
The Dalits are subject to humiliation,
torture, rape, social boycott, and
systematic discrimination and execution.
When landless Dalits get patta (ownership
deed) from the government, the upper
castes chase them away and grab their
lands under the noses of the authorities.
Adivasis, indigenous peoples face
serious human rights violations and
132
Madhya Pradesh
continued to be displaced and evicted from
their traditional habitations. There have
been reports of serious violations of the
rights of the scheduled tribes by both the
state and the non-state actors. On 4 July
2004, forest officials and police reportedly
attacked the Korku tribals in Bhandarpani
area in Betul district, destroyed their
properties, and forcibly evicted them.
Many were taken to undisclosed locations
forcing one Bakat Singh Korku, whose
wife and six children went missing after
the raid to file a habeas corpus in the
Jabalpur Bench of the Madhya Pradesh
High Court.
The state government failed to
implement the directions of the Supreme
Court and the Narmada Water Disputes
Tribunal Award stating that land should be
made available to the oustees at least a
year in advance before submergence.
Following the increase of the height of
Indira Sagar Dam height to 245 meters,
34,882 families residing in 120 villages in
Khandwa district were displaced and
thousands were not rehabilitated. At least
10,000 families have been under threats of
submergence and displacement without
any resettlement due to increase in the
Sardar Sarovar dam height to 110 metres
without rehabilitating the already
displaced persons.
Prison conditions remained
deplorable. There have been reports of
deaths of several prisoners due to lack of
medical facilities and negligence of the
administration. Sexual abuses in the
prisons have also been reported.
INDIA HUMAN RIGHTS REPORT 2005
Religious minorities faced
persecutions at the hands of the
fundamentalist Hindu groups.6
II. Atrocities security forces
NHRC recorded high number of
custodial deaths in Madhya Pradesh with
71 cases registered in 1999-2000, 48 cases
in 2000-2001, 45 cases in 2001-2002 and
37 cases in 2002-2003.7
On 15 July 2004, Commercial Tax
Deputy Commissioner R. K. Jain died
while in Lok Ayukta police custody in
Bhopal. He was arrested on 14 July 2004
from his office for allegedly accepting Rs
2,000 as bribe. He died at the Hamidia
hospital at around 1.30 p.m. after he was
shifted there in critical condition. Jain’s
relatives alleged that he was murdered by
the police.8 On 16 July 2004, then chief
minister Ms Uma Bharati announced that a
judicial inquiry into the incident would be
ordered.9
On 25 July 2004, a minor tribal boy,
Bablu alias Jaibhan of Gram Danayacha in
Sheopur district died in the custody of the
Birpur police station. The Birpur police
picked him up along with another tribal boy
Ummaid while they were working in a
field. Police told the relatives that they
would be released after interrogation. But
they were kept behind bars from 16 July to
20 July 2004. Bablu was shifted to Seopur
sub-jail on 21 July 2004 as his health started
deteriorating. Later, he was admitted to
Seopur district hospital from where he was
referred to Gwalior hospital but died en
route. The police cremated his body without
Madhya Pradesh
informing the family members.10
Although in November 2004, the
Supreme Court upheld the conviction of a
police officer, who was responsible for
custodial death of a convict, Shambhu
Tyagi in June 1984, the culprits of most
custodial deaths went unpunished.11
On 15 June 1995, Hamid Khan died in
police lock-up in Raisen district. After a
magisterial inquiry, criminal cases were
registered against some police personnel.
Later the police sought to close the case
but the court did not allow this. However,
the culprits were yet to be punished. In
1997, Govind Prasad died in police
custody in Rewa. A case was registered
and a magisterial inquiry was ordered. But
the viscera report of the case was not
obtained till July 2001. No action has been
taken against any body for custodial death
of Govind Prasad. In 1998, Pancham
Kachhi died in police lock-up in Morena.
The magisterial inquiry absolved the
police officials. The State Human Rights
Commission was not satisfied with the
report and queried from the police who
failed to reply for four years. In May 2001,
Sundar, an undertrial, was found dead in
Rajgarh district jail. It was revealed that
the deceased Sundar was handcuffed and
was kept hanging upside down. Hot water
was poured on him and he was severely
beaten up for two days. When his
condition became precarious he was taken
to hospital where he died. According to the
doctors he was “brought dead”; but no
action has been taken against any
policeman. In July 2001, Kesar Singh was
133
INDIA HUMAN RIGHTS REPORT 2005
arrested by the police in Indore in
connection with a crime. He was taken to
hospital the very next day in a serious
condition. When his condition became
critical he was released on bail. Kesar
Singh died on the same day and post
mortem report found 36 injury marks on
his body. A magisterial inquiry confirmed
his death due to police beatings.12
Many are also killed in indiscriminate
police firing. On 26 October 2004, Jai
Prakash was killed and three other persons
were injured in police firing at a mob
under Shahjehanabad police station in
Bhopal.13 Sub-Inspector Rajeev Jangle and
constable Abhilakh Singh Ahirwar were
suspended for the firing. Chief Minister
Babulal Gaur announced Rs 1 lakh aid to
deceased’s family, Rs 25,000 each to the
injured persons in the police firing, and
also ordered a magisterial inquiry into the
incident.14
On 4 December 2004, at least six
persons were injured in police lathi charge
at the protestors at Retghat locality on VIP
road in Bhopal, who were demanding
immediate arrest of the accused of the
murder of Shahid-ul-Hassan on the night
of 3 December 2004. One Rafiq-ul-Islam
was seriously injured in the head, and one
Jagdeesh sustained fracture injury in the
right leg. The agitators alleged that Talaiya
police station in-charge, SM Zaidi had
unnecessarily ordered the use of force on
peaceful agitators.15
III. Prisons and prisoners
In March 2004, the Madhya Pradesh
134
Madhya Pradesh
State Human Rights Commission held that
it is the responsibility of the government to
provide medical treatment facilities to the
convicts, and any negligence on the part of
the government in providing timely
treatment would amount to violation of his
human rights.16 Yet many prisoners
continue to die due to absence of medical
facilities.
In May 2004, the Madhya Pradesh
State Human Rights Commission stated
that a magisterial report into the death of
Vishali, an inmate of Katni sub-jail who
died on 15 August 2001, held Dr Nirmal
Jasooja, Dr KK Jain, jailer Dr VBS
Gaharwar and inspector PS Chaudhury
guilty of not providing timely medical
treatment to the deceased. Vishali was
lodged in Katni sub-jail on 3 May 2001.
When he fell ill, he was sent to Katni
District Hospital for treatment. His
treatment continued till 1 August 2005. He
was referred to Medical College Jabalpur
but could not be sent there, as there was no
arrangement of police guard. He was
suffering from malaria and his
haemoglobin count had fallen to
dangerously low levels. In the absence of
treatment Vishali died on 15 August 2001.17
The investigation conducted by
MPHRC into the death of Omprakash, an
inmate of Datia district jail on 15 January
2003 also revealed that there was
negligence in providing timely treatment
to the victim, who died of TB in District
Hospital. The Commission served show
cause notices to Jail Superintendent and
Jailer of District Jail, Datia and JA
INDIA HUMAN RIGHTS REPORT 2005
Hospital Superintendent Dr Mathur and
physician Dr PK Jain. The Commission
also recommended to the state government
to provide compensation of Rs 25,000 to
the dependants of Omprakash.18
There have been reports of rampant
sexual abuse of the newcomers in the
prisons by old inmates and there were no
protection. In September 2004, 24-year-
old Khalid had been allegedly sodomised
four times by three different inmates
during his 14-day judicial custody at
Bhopal prison. He complained to the jail
authorities against sodomy but they
reportedly expressed helplessness.19
IV. Violence against women
Crimes against women including rape,
molestation, dowry harassment and dowry
deaths continued unabated. The Dalit and
indigenous women were extremely
vulnerable.
In April 2004, the Sarguja district
court sentenced four police jawans to ten
years of rigorous punishment for raping a
17-year-old girl after her abduction on 30
August 2001.20
Assistant Sub-Inspector Pradeep
Gurjar of the Bairagarh police station in
Bhopal was suspended for his alleged
misbehaviour with women of a family
where he had gone to arrest an accused for
gambling on the night of 22 November
2004.21
Mediaeval practices such as Sati is
still alive in the state. On 4 September
2004, a police party led by Superintendent
of police Yogesh Deshmukh foiled a bid of
Madhya Pradesh
Foolrani to commit Sati at the funeral pyre
of her husband Sunderlal Shivhara at
Simri village in Panna district.22
V. Atrocities against the Dalits
The Dalits continued to face
systematic atrocities in Madhya Pradesh.
The mass rape of three Dalit women by
30 upper caste Yadavs on 8 July 2004 at
Bhamtola viullage under Kahniwara
police station of Seoni district
highlighted the gruesome violence
perpetrated on the Dalits.
On 3 February 2004, a Dalit leader
and president of Barogarh Janpad, Badri
Khangar in Chhatarpur district was
reportedly beaten up brutally and blinded
by the upper castes. His elder brother,
Thakurdeen was shot dead when he tried
to flee.23
On 15 August 2004, Sona Bai, a dalit
BJP MLA from Patharia constituency, was
allegedly prevented from hoisting the
national flag on the Independence Day at
Patharia in Damoh district. She alleged
that Janpad President Raghuveer Singh
and a few policemen did not allow her to
hoist the national flag during the function
because of being a Dalit. “They called me
Chamaria and also manhandled me... I
have received an injury on my right hand,”
she alleged. She also alleged that when she
tried to register a police complaint, the
police inspector and Sub-Divisional
Magistrate turned her away.24
There are reports that the upper caste
parents refused to allow their wards from
sharing utensils with the Dalit children
135
INDIA HUMAN RIGHTS REPORT 2005
during mid-day meal in a government
primary school in Poorankhedi village in
Shivpuri district. The school authority had
to start maintaining a separate kitchen for
the schoolchildren belonging to the Dalits
and the indigenous peoples.25
In October 2004, upper caste Hindus
beat up the Dalits mercilessly in Sehora
Khurd area in Raisen district, burnt their
crops and looted their belongings. But
when the Dalits went to the Gairatganj
police station to lodge a complaint they
were arrested and cases under Section 307
Indian Penal Code for attempted murder
were filed against them. When the
aggrieved dalit women approached the
local police station, their complaint was
not registered.26
When the landless Dalits get patta
(ownership deed) from the government,
the farmers from the upper castes chase
them away and grab their lands under the
noses of the authorities. In August 2004,
many landless Dalits like Achhelal
Chamar, Barelal Chamar, Lachhu Chamar,
Nonelal Chamar and Gorelal Chamar from
Shivrajpur village of Chhatarpur district
got patta (ownership deed). But when they
began to till their land, they were assaulted
and chased away by goons allegedly hired
by the rich farmers belonging to the upper
caste.27
There have also been innumerable
instances where the government granted
pattas of uncultivated or waste land to
Dalits, who then laboured hard and made
their lands cultivable only to find that their
ownership deeds had been cancelled on
136
Madhya Pradesh
some pretext or the other. The pattas of the
twenty-five Dalit families of Amrod Taj,
Duparia Jheel and Dandi villages in
Sehore district were cancelled reportedly
on frivolous grounds.28
Violence against the Dalit women
On the night of 8 February 2004, a
Dalit woman was allegedly raped inside
her room and then set on fire by her
landlord and his friend in Tulsi Nagar
colony in Shivpuri district. The victim
reportedly sustained 90 per cent burn
injuries and was admitted to the district
hospital in Shivpuri. Police registered
cases of rape and attempt to murder
against the accused.29
On 3 March 2004, a 13-year-old Dalit
girl identified as Geeta Saket was
reportedly found dead in the hostel’s
bathroom at the St Mary School’s hostel at
Devsar, Sidhi district. The hostel authority
and the police said she had committed
suicide. But the post mortem on her body
revealed that she was raped before she
died.30
On 15 March 2004, a 23-year-old
Dalit housewife was allegedly abducted
from her house at the Kamlaganj area in
Shivpuri district and gangraped by three
unidentified persons.31
On the night of 8 July 2004, three
women of a Dalit family were allegedly
gang raped by about thirty men belonging
to upper caste Yadav community at
Bhamtola village under Kahniwara police
station in Seoni district. The accused
attacked the house of Govardhan and
INDIA HUMAN RIGHTS REPORT 2005
dragged his wife, sister-in-law and
daughter-in-law. The accused later beat up
the three women and gang-raped them.
The gang rape was suspected to be in
retaliation for elopement of Govardhan’s
son, Nilesh with a 15-year-old Yadav girl.
The village council had earlier set 8 July
2004 deadline to produce the girl before
it.32 On 11 July 2004, the state government
ordered a probe into the incident. The state
government also threatened to impose
“community fine” on the entire village
where residents remained mute spectators
to the ghastly act.33 On 16 July 2004,
Union Home Minister Shivraj Patil
informed the Lok Sabha that police so far
arrested 11 persons in connection with the
gang rape and suspended two police
officials for the negligence of duty. 34
On 9 July 2004, a Dalit woman was
allegedly stripped in full public view at
Khadi village in Sehore district by the
sarpanch of the village.35
On 11 July 2004, a 32-year-old Dalit
woman was allegedly raped by four men in
Keolari village in Damoh district, and
another Dalit woman was raped by two
men in her house in Ajeetpur village in the
same district. The police could not arrest
the accused of both the rape cases. 36
On 27 August 2004, a Dalit woman
was allegedly stripped in public by one
Raja, a youth belonging to upper caste
Pandit community at the Nivari village
under the Rehli Police Station in Sagar
district. The victim alleged that she went
to Raja’s house to apologise for the
damage done to his crop by her cattle, but
Madhya Pradesh
Raja refused to listen to her explanation
and thrashed her while using caste-specific
abuses. He then forcibly disrobed her in
full public view. A case was reportedly
registered against the accused.37
On 1 November 2004, a Dalit woman
identified as Ramkali Bai wife of Gulab
Harijan was allegedly brutally tortured by
five upper caste men for drawing water
from a handpump reserved for them in a
village in Vidisha district. The accused
allegedly hung her upside down from a
tree, beaten up and chilli powder was
rubbed into her private parts. Both her
hands were fractured and the right leg was
broken due to the beating. Later the upper
caste men threatened the Dalit couple
against reporting the matter to the police.
Although the couple filed a complaint with
the local police on 1 November 2004, no
action was taken against the accused. The
couple then petitioned the Superintendent
of Police of Vidisha on 5 November 2004,
and then to the Collector on 2 December
2004; but still no action was taken against
the accused because the prime accused
happened to be a relative of a local cop.
The Superintendent of Police of Vidisha
did refer her to the Civil Hospital but
doctors there refused to operate upon her.
They allegedly turned her away after
casting a plaster over the broken limbs.
They recast the plaster on 28 November
2004 but the arbitrary manner of treatment
left Ramkali with partially paralysed
limbs. The police however contested the
claim of torture made by the victim. DIG
Sanjiv Kumar Singh said that a DSP sent
137
INDIA HUMAN RIGHTS REPORT 2005
to the concerned village to conduct an
inquiry had found the complaint to be
“without basis”.38
VI. Atrocities against the Adivasis
In February 2004, MLA Vanshmani
Prasad Verma alleged in the state
Assembly House that Tribal women were
illegally detained and manhandled by
police at Jeowar police station in Sidhi
district, and the accused were not allowed
to attend the funeral of a relative who died
in shock. He also alleged that tribals in the
area were being tortured and terrorized by
the police. Replying to the question, state
Home Minister Jagdish Vuvel said Jeowar
police station in-charge Umashankar
Baghel had been suspended following an
inquiry by the Superintendent of Police,
Satna. The home minister also admitted
that the accused were detained for more
than two days before being presented
before the magistrate.39
On the night of 5 April 2004, a 21-
year-old tribal woman, resident of
Gargaghat, was allegedly gang raped by
three persons, including Innu Mussalman
and his brother Rashid Mussalman, at
Sideshwar Road, three kilometers away
from Patan tehsil headquarters in Jabalpur
district. The police reportedly registered a
case under Indian Penal Code and the
Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, and arrested
Innu Mussalman and Rashid Mussalman.40
On 17 April 2004, unidentified
miscreants barged into the residence of
Budhhu Baiga, a tribal, and murdered him
138
Madhya Pradesh
in Umaria district. They also abducted his
two daughters and released one of them
after gang raping her. A case was
registered against the unidentified
accused.41
In July 2004, a tribal woman was
allegedly gangraped by four unidentified
persons near Jari Ki Tiwariya village in
Sheopur district. According to the police
the woman was on her way to a doctor
with her brother-in-law when she was
gangraped by four armed men.42
i. Displacement
On 21 February 2004, the Supreme
Court stayed orders of the central
government to regularize land rights of the
tribals in Madhya Pradesh and Tripura on
the grounds of jeopardizing over two lakh
hectares of forest.43 The Central
government had reportedly decided to
convert 310 forest villages of Madhya
Pradesh into revenue villages, and to
regularize forest encroachments prior to
enforcement of Forest Conservation Act,
1980.44
In violation of the Central
government’s direction not to evict the
settlement of tribal families on forestland
where they had been living prior to
1993,45 Korku tribals were forcibly
evicted from Bhandarpani area in Betul
district on 4 July 2004. According to
Anurag Modi of the Shramik Adivasi
Sangathan, about 50 men of the Revenue,
Forest and Police Departments entered
Bhandrapani village in Betul district in
the evening of 4 July 2004. They
INDIA HUMAN RIGHTS REPORT 2005
committed all sorts of atrocities on the
tribals and took away 73 tribal men,
women and children with them next
morning. While 32 of them were later
traced huddled up in community centres
of Handipani and Hiravadi villages, 41 of
them were still not traceable.46 The tribals
have been left homeless and destitute due
to the eviction. Although Betul
administration claimed that all the
displaced tribals had been rehabilitated,
Anurag Modi said it was not true.47 One
Bakat Singh Korku, whose wife and six
children went missing, filed a habeas
corpus in the Jabalpur Bench of the
Madhya Pradesh High Court. On 9 July
2004, the High Court directed the state
government, district superintendent of
police and divisional forest officer (north
division) to produce the missing tribals
before the court on 19 July 2004.48
On 17 July 2004, a team of 50 police,
forest & revenue personnel entered
Ghorpadmal village under Mohda police
station. They dragged tribal women out of
their houses; misbehaved with them and
later abused and terrorised the villagers. To
cover up the incident, police reportedly
registered false cases of dacoity against 13
tribals.49
ii. Displacement due to Indira Sagar
Project
According to official sources, 34,882
families residing in 120 villages in
Khandwa district of Madhya Pradesh were
displaced by the Indira Sagar Dam, as its
height has been raised to 245 meters. As
Madhya Pradesh
many as 97 villages in Harsud were
evacuated by 6 July 2004,50 and as many as
29,403 families were reportedly
rehabilitated as on 7 July 2004. A sum of
Rs 888.25 crore was reportedly distributed
to the affected families in the form of
compensation for their immovable
properties and different grants.51 The
government provided ‘temporary shelters’
in the form of tin-sheds to the oustees in a
50-hectare rehabilitation site in Chanera,
about 17 kms from Harsud.
But the rehabilitation site did not
have even the basic facilities. There was
no power and water supply, and the
oustees were supposed to build their own
houses. Absence of adequate facilities at
the rehabilitation site forced many of the
displaced families to shift to other nearby
towns, where landowners charged
exorbitant rents from them.52 The
Narmada Bachao Andolan alleged that
the Narmada Hydroelectric Development
Corporation extensively used bulldozers
and police force to vacate the villages.
Although the people living in these
villages should have been fully
rehabilitated by 31 December 2003, even
resettlement sites were not built for 27 of
these 32 villages. Compensation was
distributed a few weeks before the
submergence deadline of 30 of June
2004. Many villagers also did not get
compensation.53
iii. Displacement due to Sardar Sarovar
Project
Amongst the 30 large dams planned
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INDIA HUMAN RIGHTS REPORT 2005
for the Narmada, the Sardar Sarovar dam
(proposed height is 136.5 m) is the largest
and is likely to displace more than 320,000
tribal people and affect the livelihood of
thousands of others.54
On 8 October 2000, the Supreme Court
authorised construction upto the originally
planned height of 138m in 5-meter
increments subject to receiving approval
from the Relief and Rehabilitation
Subgroup of the Narmada Control
Authority. The Narmada Water Disputes
Tribunal Award stated that land should be
made available to the oustees at least a year
in advance before submergence.55 However,
the state government failed to implement
the directions of the Supreme Court and the
Narmada Water Disputes Tribunal Award.
Yet, on 13 March 2004, the Narmada
Control Authority (NCA) allowed the
raising of the Sardar Sarovar dam height
to 110 metres. At least 10,000 families in
Madhya Pradesh and at least 1500 tribal
families in Maharashtra were under
threats of submergence and displacement
without any resettlement. On 8 May
2004, over 200 tribal families from nine
villages on the banks of Narmada,
affected by the 110 meters of the Sardar
Sarovar dam, launched the Bhoomi Hakk
Satyagraha (land right Satyagraha) by
occupying the denuded forest land in
Nandurbar district in Maharashtra. The
state government failed to provide them
with land-based resettlement, despite
repeated assurances, recommendations by
government appointed committees and
written declarations. 56
140
Madhya Pradesh
VII. Status of Madhya Pradesh
State Human Rights Commission
Madhya Pradesh State Human Rights
Commission reportedly registered a total
of 13,438 cases from 1 April 2003 to 25
February 2004. Of these 7,452 were
resolved and 3,205 pending cases were
settled.57 Maximum number of complaints
relate to police atrocities.58
There are reports of non-compliance of
the Commission’s recommendations by the
state government. During the period of
1999-2004, the Commission recommended
324 cases to the state government for
paying compensation, out of which 94 were
fully complied by the state government and
41 were partially followed, thus leaving 230
cases still pending compliance. The State
Human Rights Commission had 4497
pending complaints in 2000-01, 8760
complaints in 2001-02, 10,389 complaints
in 2002-03, and 13,170 complaints in 2003-
04.59 In February 2004, Justice R D Shukla
after his retirement as chairman of the
MPSHRC reportedly admitted that the state
government had been non-cooperative and
there was lack of coordination among the
fellow members of the Commission.60
In April 2004, Madhya Pradesh State
Human Rights Commission
recommended payment of Rs 5,000 as
compensation to an aged blacksmith,
Hiralal Lohapita, for willful harassment
and beating by Bairagarh police two-and
a-half year ago. In his complaint to the
Commission, Ramprasad Lohapita, the
victim’s son, alleged that policemen
headed by the Bairagarh station in-charge
INDIA HUMAN RIGHTS REPORT 2005
had barged into their shantytown and
started harassing people, arrested his
father and confined him for a night in
illegal custody. An investigation
conducted by the MPHRC found that
Hiralul had been illegally picked up by
constables Netram Kishenlal, Rajbhan
Singh and M Sharma in an attempt to put
pressure on his sons.61
VIII. Atrocities by the armed
opposition groups
Madhya Pradesh is the land of dreaded
dacoits such as Dayaram-Rambabu
Gadariya, Nirbhay Gujjar, Rajjan Gujjar,
Pahalwan Gujjar, Hajrat Rawat, etc. They
continued to rule the Chambal ravines and
the forests nearby. The dreaded Gadariya
gang of dacoits gunned down 13 Gujjars at
Madhya Pradesh
Bhanwarpura in Gwalior district in
October 2004.
Extortion and kidnapping are the main
sources of income in the badlands. Six
districts - Gwalior, Shivpuri, Morena,
Bhind, Datiya and Sheopur - alone
witnessed over 450 kidnappings in the past
five years. The dreaded bandits allegedly
have nexus with the police and
politicians.62
The Naxalites have also been active in
the state. On the night of 8 January 2004, a
group of armed Naxals looted 150 sacks of
paddy, gold and silver jewelry, livestock
and Rs 30,000 from the house of Poonam
Durga, the village headman of Gangalur in
Bijapur district. Durga and his family
members were tied up and assaulted by the
Naxals.63 ■
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INDIA HUMAN RIGHTS REPORT 2005 Madhya Pradesh

142
C h a p t e r
15
Maharashtra

I. Overview

R
uled by the Congress and Nationalist Congress Party
coalition, Maharashtra continued to witness serious human
rights violations. The State police have been responsible for
custodial death, rape and torture. Although in a few cases, death in
custody was established such as that of Khwaja Yunus, a prime
suspect in Ghotkopar blast case of 2 December 2002, most custodial
deaths went unpunished.
INDIA HUMAN RIGHTS REPORT 2005
The Dalits continued to face physical
violence as well as boycott by the upper
caste Hindus for making attempts to
access the public places including water
wells.
The conditions of the Adivasis,
indigenous peoples in Maharashtra
remained deplorable. On 5 July 2004, state
government acknowledged that more than
9,000 tribal children below the age of six
years died of starvation/ malnutrition in 15
districts of Maharashtra between April
2003 and May 2004. As many as 1,041
children died of malnutrition during April-
May 2004.1 The Naxalites have reportedly
strengthened their activities in tribal-
dominated districts of Gadchiroli, Gondia
and Chandrapur.2
In violation of the Supreme Court
order of 2000, the Maharashtra
government raised the height of the Sardar
Sarovar dam without resettling the already
affected families. On 13 March 2004, the
Narmada Control Authority allowed
raising of the Sadar Sarovar dam height
from 100 metres to 110 metres though
thousands of families were not resettled.
On 4 June 2004, the state government
announced a three-member panel headed
by former High Court judge
Chandrashekhar Dharmadhikari to review
the Maharashtra Control of Organised
Crime Act (MCOCA).3 On different
occasions, courts found misuse of the
MCOCA and the Prevention of Terrorism
Act, 2002. On 16 April 2004, Zaheer
Ahmed Sheikh, the prime accused in the
blast of a BEST bus at Ghatkopar on 2
144
Maharashtra
December 2002 that left two persons dead
and 34 injured, was reportedly granted bail
for Rs 1 lakhs following the ruling of the
Central POTA Review Committee that
there was no prima-facie evidence against
him.4
II. Atrocities by security forces
i. Arbitrary, summary and extrajudicial
executions
The security forces have been
responsible for widespread human rights
violations including the deprivation of the
right to life. The NHRC had registered 156
cases of custodial deaths in 1999-2000,
123 cases in 2000-2001, 152 cases in
2001-2002 and 143 cases in 2002-2003 in
the state.5
On 25 February 2004, Dasharath
Shankar Thorat died in the custody of the
Khadki police Station in Pune. Police
claimed that the deceased was a drug
addict and had died a natural death. The
case was later handed over to state
Criminal Investigation Department (CID)
for investigation, which revealed that
Thorat had been severely beaten and had
died due to injuries. Six policemen - Sub-
Inspector Ashok Randive, constable B P
Gadankush, constable Ravi Chippa,
constable H B Jagtap, constable B D
Udadade, and constable Umesh Dhende-
were charged with murder. A civilian,
Alisagar Saudagar, was also charged for
participating in the conspiracy to cover up
the custodial death.6
On 12 March 2004, 40-year-old Cracy
INDIA HUMAN RIGHTS REPORT 2005
alias Shobha David Carvalho, a homeless
who lived on a footpath outside
Churchgate railway station, allegedly
committed suicide by hanging herself
from the ceiling fan in a woman lock-up at
Bandra police station in North West
Mumbai. The deceased was arrested in a
theft case three days prior to her death and
was remanded to police custody till 12
March 2004 by the Metropolitan Court at
Bandra (East). On 12 March 2004, she was
again produced before the Metropolitan
court where she was further remanded to
police custody till 17 March 2004.
According to the police, as soon as the
lady constable who escorted her to the
ladies room located in the premises of the
police station stepped out to bring water,
she immediately closed the main door of
the room and committed suicide with the
help of her sari.7
In April 2004, the Nagpur bench of the
Bombay High Court reportedly summoned
the Inspector General of Police (CID) in
connection with ‘unsatisfactory’
investigation into the alleged unnatural
death of Sheikh Baba Alias Sheikh Rasul,
who died in police custody at Digras
police station in Yavatmal district of
Vidarbha region on 11 November 2003.
The victim’s widow, Munira Begum,
stated that Sheikh was arrested by Digras
police on 8 November 2003 for an offence
punishable under Section 379 of Indian
Penal Code. A Magistrate remanded him to
police custody where Sheikh was tortured
and succumbed to the injuries. Later the
police allegedly tried to cover up the death
Maharashtra
by trying to make it look like a suicide.
The petitioner filed a criminal petition
seeking compensation and fair and speedy
investigations into Sheikh’s unnatural
death.8
On 31 August 2004, 33-year-old
Girish Narendra Vavekar died in police
custody of Meghwadi police station in
Mumbai allegedly because of torture. He
was arrested on 28 August 2004 in an
assault case. On 30 August 2004, he was
produced before the metropolitan court,
which sent him to judicial custody till 30n
August 2004. However, while he was
being transferred from police remand to
judicial custody at the Central prison in the
city, his condition worsened. He was
rushed to the JJ Hospital where he was
admitted to ward no 9. While undergoing
treatment, he vomited blood and died at
around 1.30 am on 31 August 2004.9
On 2 September 2004, 36-year-old
Ashok Babu Sasi, a resident of Khar, died
at Babha hospital at Bandra in Mumbai
while in police custody. He was arrested
by the Azad Maiden police on 17 August
2004 in a two-wheeler theft case. Police
took Sasi into custody on 31 August 2004
to ascertain if he was involved in the theft
case in their jurisdiction. On the same day
Sasi was taken to a hospital for the
mandatory check up where his health was
found to be normal. However, late in the
night Sasi allegedly complained of illness
and was admitted to Babha Hospital at
Bandra where he was undergoing
treatment for pneumonia. Police said he
died at the hospital at around 5 am on 2
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INDIA HUMAN RIGHTS REPORT 2005
October 2004. The investigation into the
custodial death was transferred to the
crime branch.10
Khwaja Yunus, a prime suspect in
Ghotkopar blast case of 2 December 2002
whom the police alleged of escaping from
the police custody on 7 January 2003, was
found to have been killed in police
custody. Police claimed that he had
escaped from custody when the jeep taking
him to Aurangabad from Mumbai for
investigation met with an accident.
However, the co-accused in the same case,
Mohammad Mateen and Zaheer Sheikh,
claimed that the police had tortured Yunus
and he was vomiting blood when they last
saw him on 6 January 2003. The case was
later investigated by the Criminal
Investigation Department. On 3 March
2004, the Assistant Police Inspector,
Sachin Vaze, was arrested and charged
with conspiring to cause custodial death,
destroying evidence and framing incorrect
records. On 30 April 2004, the Bombay
High Court observed that the FIR filed by
Sub-Inspector Sachin Vaze on the
disappearance of Yunus was false and
fictitious and directed the State
government to treat the statement of
another accused in the Ghatkopar case, Dr.
Abdul Matin, as the First Information
Report. The Bombay High Court directed
the Special POTA judge to look at their
evidence and, if necessary, initiate
criminal action against the police
including three constables - Rajaram
Nikram, Sunil Desai and Rajendra Tiwari,
senior police inspector Arun Borade,
146
Maharashtra
Inspector Sachin Vaze, and Assistant
Commissioner of Police (Crime),
Ambadas Pote.11 None of the orders passed
by the Bombay High Court was complied
with at the end of the year. The CID
challenged the Bombay High Court order
before the Supreme Court. On 9 August
2004, Supreme Court rejected CID’s plea
and upheld the Bombay High Court’s
judgement.12
ii. Violence Against Women
The law enforcement personnel were
also responsible for violence against
women including rape.
A 17-year-old Adivasi domestic
servant, a resident of Wadgaon village in
Amravati, was allegedly raped by Deputy
Superintendent of Police (DSP), Prakash
Awhare at his residence at Mazgaon
colony under Byculla police station in
Mumbai after which he threw her out of
the house at 2 am on 1 September 2004.
The accused allegedly threatened the girl
with dire consequences if she revealed the
matter to any one. A case against the DSP
was registered with Kalachowkie police
station following recovery of the victim
from the street by a stranger. The police
arrested DSP Prakash Awhare on 2
September 2004 and produced him before
a metropolitan magistrate for necessary
directions. He was initially remanded to
police custody.13
On the night of 5 October 2004, an 18-
year-old girl of Sangvi in Pune was
allegedly raped by two men clad in army
uniform in the fields adjoining the 16
INDIA HUMAN RIGHTS REPORT 2005
Maratha Battalion camp at Pimpale-Gurav,
Pune. Medical tests of the victim at the
Yashwantrao Chavan memorial hospital in
Pimpri confirmed the rape. On 12 October
2004, Indian Army personnel Basavraj
Darnayewar, a native of Belgaum, was
arrested by the Chatushrungi police for his
alleged involvement in the rape after the
victim identified him during a test
identification parade.14
On 9 December 2004, a police
constable identified as Gopinath Desai
attached to the Kasturba Marg police
station was arrested and charged with rape
and abduction of a minor girl of 14 years.
Both constable Desai and the girl were
residents of Charkop in Kandivli (West).
The girl tutored Desai’s school-going
children and regularly went to his house.
However, on 4 December 2004 when she
did not return home, the girl’s father filed
a complaint and the police started probing
the girl’s disappearance. Later the police
arrested the constable and rescued the girl
from a hotel in Goa.15
iii. Torture
There were reports of torture and other
harrassment by the law enforcement
personnel.
On 15 February 2004, City
Commissioner Prabhakar Lohar ordered
arrest of 35 policemen of Nashik Road
Central Jail for their alleged involvement in
the beating and harassment of civilians
during a search operation to trace an
escaped prisoner on 14 February 2004. A
case was also registered against them.16
Maharashtra
On the night of 16 May 2004,
Shashikant Bar and Restaurant owner,
Shashikant was allegedly assaulted by
police constable DP Salunkhe and his
associate SM Garud at the restaurant at
Mahakali Road, Mumbai. While the police
constable threatened Shashikant by
showing his police identity card, his
associate invoked his Shiv Sena links and
refused to pay the bill of Rs 240. Having
been thrown out of the hotel by the staff,
four other men came to the hotel on the
same night and attacked the hotel staff
with paper knife and alcohol bottles.
Shashikant sustained injury on the left side
of his face and skull, and received a deep
wound on the chest. He had to be admitted
at Holy Spirit Hospital. Following a
complaint, the police arrested police
constable DP Salunkhe and his associate
SM Garud on 18 May 2004. They were
later released on a bail of Rs 4000 each by
the metropolitan court.17
II. Atrocities against the Dalits
The Dalits faced atrocities ranging
from physical abuse to social boycott by
the upper castes.
The Dalits of Kuravade village in
Mangaon taluka of Raigad district had
reportedly been facing social boycott by
the upper caste since March 2003 after
they drew water from the common village
well. The Dalits had to draw water from
the common well after some miscreants
threw human excreta in the well near their
hamlet, following an altercation with
them. To avoid further confrontation, the
147
INDIA HUMAN RIGHTS REPORT 2005
local administration laid a separate
pipeline for the ten Dalit families of the
village. But the social boycott proved to be
terrifying for them. They were no longer
invited to the wedding or social pujas. The
upper caste would not share their
agricultural tools, even on rental basis,
with the dalit farmers. Labourers
belonging to the upper caste refused to
work in the dalits’ field, compelling the
dalits to hire labour from remote villages
with more pay.18
On 2 May 2004, a 35-year-old Dalit
named Bhagwan Mahadeo Lad was
allegedly beaten up by a group of upper
caste people when he demanded equal
distribution of water among all villagers in
Shirur village in Pune district. A case was
registered against six persons of Nimone
village in Shirur taluka under various
sections of Indian Penal Code as well as
Prevention of SCs/STs Atrocities Act and
Protection of Civil Rights Act.19
On 23 May 2004, a Dalit woman
named Mandabai Hivrale reportedly
immolated herself outside the MIDC
police station in Aurangabad after police
allegedly refused to lodge her complaint.
The victim, in her dying declaration before
a magistrate, had allegedly blamed the
Assistant Inspector Dayaram Bhoite, who
allegedly ordered his subordinates to move
her out since he was having a meeting with
social workers in his chamber at that
time.20 Another version of the incident,
however, alleged that the police officer
had burnt the Dalit woman alive. But
Bhoite denied this and told investigators
148
Maharashtra
that the woman had set fire herself.21
Bhoite was suspended on 24 May 2004
and the case was handed over to the CID
for investigation. On 25 May 2004 the
State Home Department reportedly issued
orders to the investigating officers to
register cases against the accused.22
III. Atrocities against the Adivasis
The tribals live in remote and
inaccessible areas. Thousands have been
displaced (please read the chapter on
Madhya Pradesh) in the Narmada dam.
Diseases and malnutrition are common
among them. They have little access to
schools and health care facilities.23 The
government officials seldom visit tribal
areas. In May 2004, the Nagpur bench of
Bombay High Court ordered Nagpur
Collector A D Kale and Divisional
Commissioner S K Sharma to pay regular
visits to remote tribal villages such as
Binagunda in Gadchiroli district.24
Malnutrition and starvation deaths
The tribals are poorest in the State and
they become disproportionate victims of
starvation death. In the face of
governmental apathy, hunger, malnutrition
and death have become a way of life for
the indigenous peoples in Maharashtra.
Government records in June 2004
showed that out of 37,524 children below
the age of six in Melghat region, only
12,376 were of normal weight. The rest
were suffering from various grades of
malnutrition, with over a thousand under
the severely malnourished categories.
INDIA HUMAN RIGHTS REPORT 2005
Activists, however, claimed that more than
50 per cent of the children were
malnourished in the two blocks of Dharni
and Chikhaldhara, and at least 200 children
had died since April 2004. In July 2004, the
government claimed that only 86 children
had died from April to June 2004.25 This is
despite the fact that on 5 June 2004,
government acknowledged that more than
9,000 tribal children below the age of six
years died of starvation and malnutrition in
15 districts of Maharashtra between April
2003 and May 2004. During April-May
2004 alone as many as 1,041 children
reportedly died of malnutrition. Out of
them, 807 were from five districts of Thane,
Nashik, Amravati, Nandurbar and
Gadchiroli.26 During April - June 2004, 435
children reportedly died in Nandurbar
District27 and 86 children died in Dharni and
Chikaldhara talukas in the Melghat region
of Amravati district. Every year, at least 500
children reportedly die of malnutrition
related causes in Melghat region.28
On 6 July 2004, the Bombay High
Court directed the State’s Director of
Health Services to submit a report on the
alleged malnutrition and starvation deaths
along with recommendations to tackle it.29
The Director admitted that there were
deaths of 1,041 children in April-May
2004 due to various other reasons like
typhoid, pneumonia and snake-bites
besides malnutrition.
The state authorities systematically
tried to cover up the staggering figure of
starvation deaths. On 9 July 2004, Chief
Minister Sushil Kumar Shinde himself
Maharashtra
denied his government’s figures of above
1,000 tribal children dying due to
starvation as “highly exaggerated”.30 He
reportedly stated on 16 July 2004 that only
59 deaths of tribal children occurred
between April-May 2004.31
There were little serious attempts to
control malnutrition and starvation
deaths. “Operation Karn” programme
launched in June 2004 by the Amravati
district administration failed to contain
malnutrition deaths. The scheme covered
only the grade four malnourished
children, that too not without disparity.32
To ensure the Adivasis’ presence at the
hospitals, the state government provided
a daily payment of Rs 40 each, the
equivalent of a day’s wages. But the
insincerity on the part of the
administration and health department is
best exposed from the reported statement
of Dr Geetanjali Joshi, a medical officer
at the Jamser Primary Health Centre:
“The adivasis are basically dirty so we
don’t bother too much about hygiene.
They wouldn’t understand”.33
According to the Child Mortality
Evaluation Committee headed by leading
health activist Abhay Bang, set up by the
government of Maharashtra to study the
problem of infant mortality in the state, an
estimated 160,000 infants died every year
due to malnutrition in Maharashtra. The
committee held that apathy and negligence
on the part of the state’s healthcare
machinery were responsible for the high
number of infant deaths. The first report of
the Abhay Bang committee presented to
149
INDIA HUMAN RIGHTS REPORT 2005
the state legislature on 18 December 2004
by state health minister Vimal Mundada
stated that 82,000 children died every year
in rural Maharashtra, excluding the 23,500
kids who died in the tribal areas. In urban
slums, 56,000 children died every year.
According to the survey, most of the
deaths were caused by malnutrition and
infection. Nearly 80 per cent of the deaths
happened due to stillbirth, pneumonia and
diarrhoea.34
IV. Misuse of POTA and MCOCA
There have been allegations of
misuse of the Prevention of Terrorists Act
(POTA) and Maharashtra Control of
Organised Crime Act (MCOCA). On 4
June 2004, the State government
announced a three-member panel headed
by former High Court judge
Chandrashekhar Dharmadhikari to
review the MCOCA.35
On 13 February 2004, the state
government announced the decision to drop
charges filed under POTA against 29 people,
most of whom were arrested in a riots case
150
Maharashtra
in Solapur in 2003, at the recommendation
of the state-level review committee on
POTA cases, headed by Additional Chief
Secretary (Home) Suresh Kumar.36
On 16 April 2004 Zaheer Ahmed
Sheikh, the prime accused in the blast of a
BEST bus at Ghatkopar on 2 December
2002 that left two persons dead and 34
injured, was reportedly granted bail for Rs
1 lakh following the ruling of the Central
POTA Review Committee that there was
no prima facie evidence against him.
Sheikh was arrested along with three
others from Parbhani in Maharashtra on 27
December 2002.37
On 20 October 2004, Saquib Nachen,
a POTA accused in the Mulund blast case,
filed an application seeking that Special
Public Prosecutor Rohini Salian be booked
under the POTA for providing false
information to the court in his case. He has
alleged that Salian charged him under
POTA but later discharged him along with
nine others. Nachen alleged that Salian
had knowledge about the entire matter; but
failed to act in his favour.38 ■
C h a p t e r
16
Manipur

I. Overview

T
he unusual form of protest by some members of Meira Paibis,
women organisations, who stripped in front of the Kangla
Fort, then headquarters of the Assam Rifles, on 15 July 2004
and an equally unprecedented civil disobedience movement in
Manipur in July and August 2004 put the spotlight on the human
rights violations in Manipur. The alleged extrajudicial execution of
Thangjam Manorama Devi on the night of 11 July 2004 by the
Assam Rifles personnel sparked the protests demanding justice and
INDIA HUMAN RIGHTS REPORT 2005
the withdrawal of the Armed Forces
Special Powers Act (AFSPA) of 1958.
An array of leaders from the central
government including Prime Minister
Manmohan Singh visited Manipur in
2004. In November 2004, Prime Minister
formally handed over the Kangla Fort to
the State government. In December, a
Committee to Review the Armed Forces
Special Powers Act (AFSPA) of 1958 was
established. But peace remained elusive in
Manipur.
There are about two dozens armed
opposition groups in Manipur. The main
groups are United National Liberation
Front (UNLF), People’s Revolutionary
Party of Kangleipak (PREPAK), Kanglei
Yaol Kanba Lup (KYKL), People’s United
Liberation Front (PULF), North East
Minority Peoples Front (NEMPF), Islamic
National Front, Islamic Revolutionary
Front (IRF), United Islamic Liberation
Army (UILA), both Issac-Muivah and
Kaplang factions of the National Socialist
Council of Nagaland, Kuki National Army
(KNA), Kuki National Front (KNF), Kuki
Revolutionary Army (KRA) and Zomi
Revolutionary Army (ZRA).1
While the precise number of central
armed forces such as the Assam Rifles,
Gorkha Rifles, Border Security Force
personnel etc deployed in Manipur is not
known, 16 additional companies of central
paramilitary forces were deployed after
the civil disobedience movement started
on 15 July 2004.2
The security forces were responsible
for systematic and gross human rights
152
Manipur
violations including arbitrary arrest,
detention, torture, rape and extrajudicial
execution.
Although on 10 May 2004, the
Gauhati High Court found the 14 Sikh
Light infantry guilty of extrajudicially
killing a civilian, T Moni in 1998,3 most
extrajudicial executions go unpunished. In
2004, the State government ordered eight
inquiries into the alleged extrajudicial
executions of 10 persons including 75-
year-old retired school teacher, L.D.
Rengtuiwan. Not a single report has been
made public.
While altogether 264 cadres
belonging to different banned
organisations have reportedly been
detained under the National Security Act
(NSA) since January 2002 to 31 May
2004,4 the State government also used the
NSA to suppress the civil disobedience
movement against the AFSPA. On 19
August 2004, the State government of
Manipur detained 20 persons under
National Security Act to suppress the civil
disobedience movement against the
AFSPA of 1958.5 On 20 August 2004, the
State Government slapped the National
Security Act on 12 more persons,
including 11 women who were picked up
from Moirang Hanuba Leirak on 19
August 2004 on charges of burning the
national flag.6
The armed opposition groups have
also been responsible for systematic
violations of international humanitarian
law standards such as kidnapping, hostage
taking, extortion and killings. On 22
INDIA HUMAN RIGHTS REPORT 2005
March 2004, Huidrom Shyamsunder alias
Amujao, son of H Ibomcha of Wabagai
Awang Leika, was reportedly shot dead at
a place near Oriental Social Association,
Wabagai Awang Leikai by the PREPAK.7
The conflict between the security
forces and the armed opposition groups
led to internal displacement. Over 600
villagers of ten remote villages in and
around Sajik Tampak area, near the Indo-
Myanmar border, in Chandel district had
to flee leaving behind all their belongings
in the wake of a flush out operation
launched by the security forces against the
armed opposition groups in April 2004.8
The villagers’ movements were restricted
and any goods brought from outside were
thoroughly checked. Restriction was even
imposed on the farmers to sow seeds for
cultivation in their paddy fields. As a result
some of the villagers reportedly suffered
from starvation.9
II. Atrocities by security forces
i. Arbitrary, summary and extrajudicial
executions
The statistics of National Human
Rights Commission belie the arbitrary
deprivations of the right to life in Manipur.
NHRC did not register a single case of
custodial death in 2000-2001 and 2001-
2002 in Manipur. It registered only one
death in judicial custody in 2002-2003.10
On 2 March 2004, Assam Rifles
personnel allegedly extrajudicially
executed one Irungbam Samananda, son
of (s/o) Ramdho of Pungdong-bam
Awang Leikai at Nongpok Sanjen-thong
Manipur
under Lamlai Police Station, Imphal.
While the Assam Rifles personnel
claimed to have killed the deceased in an
encounter and recovered one 9 mm pistol,
one hand grenade and one WT set from
his possession, the family members and
the villagers alleged that he had been
picked up by the Assam Rifles from his
residence at about 11 p.m. on 29 February
2004 without issuing any arrest memo.
When local Meira Paibis protested and
tried to stop illegal arrest of Samananda,
the troops reportedly took him way
through another road. The deceased was
wearing Khudei (a loin cloth) at the time
of the arrest and was bare-footed; but the
dead body was found wearing army
booths.11
On 7 March 2004, troops of 28 Assam
Rifles reportedly killed three youth Md
Azad Khan of Sangaiyumpham,
Khumanthem Somorendro alias Somo and
Thangjam Binoy both of Wangjing
Lamding Khumanthem Leikai at Kshetri
Leikai under Thoubal police station. The
Assam Rifles claimed that they were
underground activists, and that one AK 47
rifle, one country-made carbine, one
pistol, four SLR bullets and one detonator
were recovered from them. However,
family sources said that they were killed
after being picked up from their
residences.12 On 4 October 2004,
Thangjam Binoy’s mother Thangjam
Ibempishak Devi filed a complaint with
the Manipur Human Rights Commission
against extrajudicial killing of her son.13
On 9 March 2004, troops of 33rd
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INDIA HUMAN RIGHTS REPORT 2005
Assam Rifles gunned down Keisham
Basanta alias Ingocha, suspected district
commander of the armed opposition
group, PREPAK, at Wabagai Tentha Road
crossing near a Buffalo farm under
Kakching Police Station in Thoubal
district. The Assam Rifles claimed that one
US-made 9 mm pistol with three bullets
and one .36 hand grenade were recovered.
He had reportedly joined the PREPAK
about ten years back. Family sources,
however, said that the Assam Rifles
arrested him on 8 March 2004 from a
house in Wabagai.14
Twenty-two-year-old Khundrakpam
Tejkumar, a third year BA student of D M
College of Arts, Imphal, was allegedly
picked up near from his residence at
Uripok Khoisnam Leikai area in Imphal
West district around 12.30 a.m. on the
intervening night of 9 and 10 March 2004
by the Assam Rifles personnel. Tejkumar
was participating in a Holi sports meet. On
the morning of 10 March 2004, his dead
body with bullet marks was reportedly
found near a college in Naoremthong area
of Imphal West, around two km from
where he was picked up.15 While the
Assam Rifles claimed that Tej Kumar was
killed in an encounter, the Uripok area
residents charged the Assam Rifles
personnel of killing him in cold blood.16
The Assam Rifles personnel shot dead
one Khwairakpam Ratan Singh near his
house at New Sekmai under Sekmai police
station at 5 a.m. on 10 March 2004. The
Assam Rifles claimed that some members
of the armed opposition group had fired at
154
Manipur
them in the area and that Ratan Singh was
killed in the gunfight. They also claimed to
have recovered one 9 mm pistol and three
live rounds of ammunition from him.
However, the family members of the
victim rejected the Assam Rifles claim and
stated that Ratan had been picked up
shortly before he was shot dead.17
In the wee hours of 10 March 2004,
the Assam Rifles personnel reportedly shot
dead one Debeswar Singh in an alleged
encounter at Waithou in Thoubal district
and claimed that they found one .38
revolver, one Kenwood set and one
Chinese hand grenade. However, the
family members of the deceased said he
was picked up from his house on 9 March
2004. They, however, admitted that
Debeswar was a former activist of a
banned armed opposition group.18
On the intervening night of 14 and 15
March 2004, Khumanthem Ajitkumar alias
Naoba of Karang Mamang Leikai under
Patsoi police station was allegedly
extrajudicially executed by the army. At
about 1 am on 15 March 2004, the army
personnel reportedly came and forced
open the main door of the deceased’s
house, severely beaten his younger brother
Dilip Kumar and father Nagor Singh. They
also beat up the deceased and ransacked
his room. He was asked to change from his
Khudei to a pant, and forced to lead the
security personnel to the residence of one
Mayanglambam Mani at Kachikhul
Mamang Leikai but Mani was not at home.
Thereafter he was taken to his elder sister,
Romita’s residence at Taokhong Lamkhai,
INDIA HUMAN RIGHTS REPORT 2005
where the security personnel physically
assaulted her. The army personnel dragged
Naoba’s brother-in-law Romen out of his
home and brought him to the road and was
ordered to run. However, when Romen
pleaded with an officer of the security
personnel to save his life, one of them told
him in Manipuri to go back. No sooner did
he slowly started turning back, Romen
heard the gunmen beating up Naoba. They
also gave a short chase to Romen. Later
on, the army personnel allegedly gunned
down the deceased. In a report submitted
to the Sekmai police station on 15 March
2004, 19th Rajput Rifles claimed the
deceased to be a militant and was killed in
an encounter at Khurkhul Khongnang
Makhong.19 On 18 March 2004, family
members reportedly accepted the dead
body of Naoba after Chief Minister O
Ibobi Singh had accepted their demand of
handing over the case to the Central
Bureau of Investigation.20
The 14th Assam Rifles personnel
posted at Kangpokpi reportedly shot dead
one Kamag Khongsai of Chalwa village at
around 4.45 am on 16 March 2004 at the
IT Road, Turibari under Kangpokpi police
station in Senapati district. According to a
Press Information Bureau (PIB) press
release, Khongsai was shot dead when he
along with another member of the armed
opposition group tried to flee from the
security forces during a search operation
launched after receiving specific
information about the presence of armed
groups in the village. However, family
members alleged that he was gunned down
Manipur
after being picked up by the security forces
from Turibari at around 11.30 a.m. on 15
March 2004. A sum of Rs 10,000 was also
with him, but he was found dead with
empty pockets.21
On 4 May 2004, Meghachandra
Meitei of Leimapokpam Khunpham
Makha Leikai was allegedly picked up
from his residence by the personnel of
17th Assam Rifles. The Assam Rifles
personnel came in three vehicles at around
4 am. Meghachandra was allegedly beaten
up severely by the Assam Rifles personnel
before he was hauled to their vehicle. No
arrest warrant was issued to him. In the
evening of the same day, the police
recovered his body from New
Keithelmanbi under Sapermeina police
station of Senapati district. According to
reports filed at the same police station, he
was killed in an encounter with the 17th
Assam Rifles personnel. Meghachandra
was allegedly a former member of the
proscribed PREPAK, but he reportedly
severed links with the underground
organisation about eight years back. On 5
May 2004, Manipur government ordered a
magisterial inquiry headed by Senapati
District Deputy Commissioner T Pamei.22
On 25 May 2004, the Assam Rifles
personnel reportedly gunned down
Thangkhopao Khongsa and Lalengthang
Kipgen of South Changoubung. Family
members of the deceased alleged that they
were killed after arrest from their
respective residences, and refused to take
back the bodies from the morgue of the
Regional Medical Institutes in Imphal. The
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INDIA HUMAN RIGHTS REPORT 2005
PIB Defence Wing in a statement said that
the two were killed in a shootout with the
Assam Rifles personnel and that they
recovered two 9 mm pistols and assorted
ammunition. On the other hand, family
members stated Thangkhopao was
engaged in carpentry work while
Lalengthang was a farmer.23
On 31 May 2004, the body of
Pheiroijam Sanajit, a relative of Manipur’s
Food and Civil Supplies Minister
Pheiroijam Parijat Singh,24 was recovered
at Mahajon corner situated between
Senjam Chirang and Phumlo under
Sekmai police station. PIB (Defence
Wing) in a statement said the deceased
was killed in an encounter with the
security forces. However, the family
members of the deceased alleged that
security personnel had picked up Sanajit
from his residence at about 1 am on 31
May 2004. They kicked open the door of
the house and dragged him out from his
bed without issuing an arrest memo.
Family members also alleged that though
Sanajit was attired in a Khudei at the time
of his arrest, they found him clad in
camouflage at the morgue of Regional
Institutes of Medical Sciences, Imphal.
They observed that camouflage uniform
did not fit him. The victim suffered
multiple bullet wounds on the chest and
stomach.25 Following public protests, the
Army authorities reportedly instituted an
inquiry on 2 June 200426 but the family
members refused to accept the dead body.
On 3 June 2004, the police dumped the
body on the courtyard of Sanajit’s house.
156
Manipur
But the Joint Action Committee refused to
accept the body. Later Sanajit’s family was
allegedly pressured by the police to
perform the last rites at the local
crematorium.27
On 6 June 2004, the 38th Assam
Rifles personnel reportedly gunned down
two alleged Kuki National Front (Military
Council) cadres identified as sergeant
major Hekho Haokip of Molphei Tampak
and Haopu of Churachandpur town. The
Assam Rifles authorities, in an official
release, claimed that they were killed in an
encounter at Bungte Chiru village. The
villagers however alleged that the troops
entered the Bungte Chiru village in the
wee hours of 6 June 2004 and cordoned
the entire village. The troops then called
out all male persons of the village to the
village playground and conducted
verification. After singling out the two
alleged KNF (MC) cadres, the troops shot
them dead later at around 9.15 near the
village. After killing the two, the Assam
Rifles troops also picked up four innocent
villagers - Jamkhota Luphou, son of
Satkhai of Maphou dam, Thangchou
Vaiphei son of Touthang of Bethelpai
village near Maphou Dam, Rengner Chiru
son of Janru of Bungte Chiru village and
Seiminthang son of late Satcaho of
Tuibong village, Churachandpur. While
Rengner Chiru was released on the same
day, the other three were reportedly
handed over to the Bishenpur police
station on 7 June 2004.28
45-year-old Ashang Tangkhul, who
ran a roadside eatery at Litan, was found
INDIA HUMAN RIGHTS REPORT 2005
hanging by a leather belt from the roof of
a toilet in the Litan police lock-up in
Ukhrul district on the morning of 9 June
2004. He was picked up by the Litan
police following an altercation with his
wife on 7 June 2004.29 The villagers
alleged that Thangkul was tortured to
death and that his feet were touching the
floor. Moreover, he was never in the habit
of wearing a belt.30 On 10 December 2004,
the Manipur police submitted its interim
investigation report before the Manipur
Human Rights Commission absolving the
police officials. The final report was
pending as the viscera of the deceased had
been sent for chemical analysis at Central
Forensic Laboratory in Kolkata.31
On 10 June 2004, the personnel from
the 33rd Assam Rifles extrajudicially
executed Thokchom Doren alias Naba in
an alleged fake encounter. Doren was
arrested in the evening of 9 June 2004
from Lamjao and was found dead the next
morning. Members of the Meira Paibis
asserted that Doren was innocent and had
no connection whatsoever with any armed
opposition group. He was a father of three
and was living a desolate life after the
death of two of his daughters. The post
mortem was reportedly done without
informing the family.32
On 27 June 2004, the 12th Garhwal
Rifles personnel killed one Nameirakpam
Mohan alias Kuber Singh of Jiribam
Leingangpokpi in an alleged fake
encounter in the vicinity of Jiribam
railway station. The security forces
claimed to have recovered a country made
Manipur
9 mm pistol with five live rounds and
some empty cases from the possession of
the deceased. Family members, however,
accused the army of staging a fake
encounter, claiming that the victim had
been picked up from his home at around
2:30 am on 27 June 2004 on the assurance
that he would be released soon.33 His dead
body was handed over to the family
members after a post-mortem. There were
five bullet marks on his body, one each on
his right shoulder, chest and stomach and
two others on the left thigh.34
On 8 July 2004, the bullet-ridden body
of Pastor Jamkholet Khongsai of Saichang
village was found buried in the nearby
jungle after he had gone to his field. He
was survived by wife and five children and
was the sole breadwinner of the family.
Earlier, he was allegedly picked up by the
security forces.35 On 3 August 2004,
Manipur State Human Rights Commission
asked the Director General of Police
(DGP) to submit a detailed report on the
death of the pastor within four weeks. In
its report to the MSHRC, the police gave
clean chit to the Assam Rifles.36
On 31 August 2004, Imphal West
Police commandos allegedly shot dead
one Jamkholien Chongloi alias Yangmilien
at his residence at Khongsai Veng under
Lamphel police station. The victim was
undergoing medical treatment at his
residence after being hospitalised at
Imphal Hospital on 25 August 2004. A
team of police commandos of the Imphal
West district came searching for the
deceased at his house at 2.30 p.m. on 31
157
INDIA HUMAN RIGHTS REPORT 2005
August 2004. After forcing the family
members out of the house, they dragged
the deceased, who was then sleeping, from
his bed to the courtyard. A man in civvies,
who accompanied the police commando
team, asked if he knew a person by the
name of Lalboi in the village. When the
deceased replied in negative, the man
flashed out a gun and shot him at point-
blank range without saying a word in front
of the family members. The commando
team also took away a motorbike (Pulsar
150 cc MN 06S/4963) belonging to the
victim’s elder brother, Seipahi Chongloi.
Police later on announced that an activist
of the proscribed outfit KRA had been
killed at Khongsai Veng in an encounter.37
On 2 September 2004, Manipur
Human Rights Commission asked the
DGP to submit a detailed report within
four weeks on the alleged extrajudicial
execution of Ahongshangbam Nandalal of
Khurai Kongpal Sajor Leikai on 21 May
2004. The father of the deceased moved
the MHRC alleging that his son was shot
dead in cold blood without any reason by
the Indian Reserve Battalion personnel.38
On the morning of 20 October 2004,
one RK Sanajaoba was allegedly shot dead
at point bank range by police escorts of the
Officer-in-Charge of Patsoi police station
at Sagol-band Khongnang Hogaibi in
Imphal for not making way for the vehicle
in which the squad was traveling along the
crowded Imphal street. Jao was a nephew
of former Chief Minister RK Jaichandra.39
The accused driver constable Ibomcha
Singh was arrested on 21 October 2004.40
158
Manipur
At about 7.15 pm on 25 October 2004,
the Imphal East police commandos
allegedly gunned down three students
identified as Limkhongam Baite,
Thangpou Baite and Hemmingthang Baite
in an encounter at a place between KR
Lane and Golapati. While Limkholun
Baite was a Geography Honours student of
DM College, Thangpou Baite and
Hemmingthang Baite were students of
Moreh Govt High School.41 The police
claimed that the three tribal youth were
members of the armed opposition groups
and were carrying two hand grenades, a
wireless communication set and some
incriminating documents. On the other
hand, Kuki Students’ Organisation (KSO)
president stated that the deceased were
innocent students. They were on their way
to a Kuki church when the police waylaid
them and executed them.42 On 29 October
2004, the State government suspended
four police commandos Sub-Inspector Md
Riyajuddin and constables Md Soukat Ali
(861234), N Muhindro Singh (9801086)
and Md Latif Rahaman (0101285).43 On 11
November 2004, the state government
appointed a commission of inquiry headed
by S Gourachand Singh, retired special
judge to submit its findings within one
month.44
On the night of 16 November 2004,
the 28th Assam Rifles jawans reportedly
gunned down a 75-year-old retired school
teacher, L.D. Rengtuiwan during a cordon-
and-search operation at Bungte Chiru
village of Bishenpur district. Rengtuiwan
was reportedly coming out of his house at
INDIA HUMAN RIGHTS REPORT 2005
Bungte Chiru village after hearing the
shrieks of his son, who was being beaten
up, when the AR troops shot at him at
around 9.30 p.m. without giving any
warning. He was killed on the spot. His
wife, Thangmuchim, was also shot in the
leg when she rushed out of the house on
hearing gunshots.45 On 16 December 2004,
the state government instituted a judicial
inquiry headed by retired sessions judge C
Upendra Singh.46
On the evening of 23 December 2004,
the army troops brought a body to the
Churachandpur district hospital morgue for
identification claiming that the deceased
was killed in an encounter with the
underground members. But later the youth
was identified as one Thienkholun alias
James, a resident of Suongkot village in
Henglep sub-division located under
Churachandpur police station, who had
allegedly been picked up by Army troops
on 21 December 2004 at around 5 pm along
with three others- Khaikholien, Muomon
and his helper Satthong. Except James, the
others were released on the same night at
three different places after being subjected
to brutal beating. The deceased had two
bullet wounds on the chest.47 There were
reports that the army forced Kuki leaders of
Tuilaphai village areas to sign on a paper
that confirmed the deceased was involved
in a bomb blast near the village. However,
following meetings between the senior
officers of the Assam Rifles and the Kuki
leaders, the security forces reportedly paid a
fine of Rs.14,300 on 27 December 2004 as
per tribal custom, accepting the fault of
Manipur
having killed the innocent civilian.48
On 29 December 2004, Konjengbam
Bimol of Moirang Panshang Leikai was
killed by the Imphal East police
commandos in an alleged encounter at
Napet Palli in Imphal East district. Police
report said that three motor cycle borne
youth coming to the direction of the police
frisking area were signaled to halt but
instead they fired shot at the police team. In
the retaliatory action one youth was killed
while the other two managed to escape.49
However, family members of the deceased
alleged that K. Bimol was innocent and was
shot dead in a fake encounter after being
pulled off a passenger bus by the police
while coming back from his sister-in-law’s
house at Nongren on the morning of 29
December 2004. The deceased had
reportedly gone to his sister-in-law’s house
about a month back to participate in the
Christmas celebrations. The family refuted
that the deceased had connections with
underground group and refused to claim the
body from the Regional Institute of Medical
Sciences’ morgue.50 Ng Mecha Devi,
President of Nongren Meira Paibi, who
happened to be at the place when the youth
was taken away by the police, said, “The
story of the police is utter nonsense.
Everybody saw the youth being dragged
down from a Nongdam-Imphal passenger
bus at about 10 am at Nongren Chingmai.”51
ii. Arbitrary arrest, detention, torture
and indiscriminate firing
The arbitrary arrest and detention of
activists of community and civil liberties
159
INDIA HUMAN RIGHTS REPORT 2005
organisations were widely reported.
Acting upon information provided by their
informers, security forces usually conduct
raids, arrest and detain suspects and
innocents, and torture them.
On 24 March 2004, Manipur State
Human Rights Commission sought a
report from Manipur Director General of
Police regarding the whereabouts of three
persons arrested by the armed forces. On
24 March 2004 at around 12.30 a.m.,
Konthoujam Ibungoubi Singh, a labourer,
was allegedly picked up from his Haorang
Sabal Mamang Leikai residence in Imphal
by army personnel. Y Tomba was
allegedly picked up from his residence at
Kanto village under Sekmai police station
in Imphal West district on 23 March 2004
at around 11.30 a.m. by the personnel of
the 19th Rajput Rifles stationed at
Leimakhong Headquarters. Suspected
army personnel allegedly picked up K
Sanatomba of Heibong-pokpi Lamkhai
under Lamshang Police Station in Imphal
West district, from his residence on 23
March 2004 at around 5 a.m. No arrest
memo was issued in any of these cases.52
On 24 March 2004 at around 7 a.m.,
Central Reserve Police Force personnel
stationed at Ithai Dam allegedly picked up
one Oinam Premkumar Singh, son of O
Sanajaoba Singh of Keirenphabi Maning
Leikai under Moirang police station in
Bishenpur district from Wangoo Warukok
Chingya near Ithai Dam. No arrest memo
was issued. The paramilitary forces also
allegedly beat up several members of the
family when they pleaded that Premkumar
160
Manipur
was innocent. On 25 March 2004, some
inhabitants of Ithai Dam area last saw him
being carried away towards Moirang on
one of the two CRPF vehicles. The family
members approached the Superintendent
of Police (SP) of Bishnupur but the SP
expressed his inability to locate Prem
Kumar. On learning that Premkumar was
being kept inside the CRPF camp at
Loktak Project Complex, his family
members requested the Officer-in-Charge
(OC) of Loktak police station on 27 March
2004 to locate him. The CRPF authorities
reportedly assured the OC of Loktak
police station that Premkumar would be
handed over to the police very soon.
However, Premkumar was neither handed
over to the police nor released. On 1 April
2004, MSHRC directed Manipur’s DGP to
submit a detailed report on the
whereabouts of Oinam Premkumar Singh
on or before 12 April 2004.53
On 27 March 2004, Khuuplen
Lhouvum, President of the Kuki Students
Organisation and Lamginlan Changsan,
General Secretary of the KSO, were
allegedly picked up by the Assam Rifles
personnel for releasing a press statement
condemning the excesses by the Assam
Rifles on High School Leaving Certificate
examinees at Saparmeina in Senapati
district earlier on the same day. They were
taken to the camp and brutally tortured on
false charges of possessing AK-47 bullets.
Lhouvum was released on 2 April 2004 on
the condition that he should clarify
through the press that no atrocities were
committed by the troops. On the other
INDIA HUMAN RIGHTS REPORT 2005
hand, Lamginlam managed to escape from
the custody on 2 April 2004 after he
overheard some of the AR personnel
saying that he would be taken out and shot
near a culvert between Bongmual and
Keithelmanbi.54
On 3 April 2004, personnel of the 33rd
Assam Rifles allegedly beat up several
villagers of Keirak village under Kakching
police station in Thoubal district during a
search operation following an attack on
their camp by the PREPAK on 2 April
2004. Three youths identified as Md
Abothe, Md Nahayaima - both residents of
Keirak Muslim Makha Leikai, and Md
Tabhou of Keirak Dam Awang Leikai, had
to be hospitalised at Kakching community
health centre due to the beatings.55
On 30 April 2004, Manipur State
Human Rights Commission directed the
Manipur DGP to submit his report by 4 May
2004 about the whereabouts of one
Kangjam Menjor alias Irei Singh, who was
allegedly picked up by suspected Central
security forces on 28 April 2004 from
Nambol area in Bishenpur district. In a
complaint with the MSHRC, Kangjam
Ongbi Ibethoi Devi, mother of Menjor of
Uripok Achom Leikai, stated that Menjor
was picked up by Hindi speaking security
personnel from Nambol Phoijing area on
April 28 around 11.30 pm without issuing
any arrest memo. He was also not handed
over to the police station.56
One Elangbam Nabachandra alias
Naoba of Nagamapal Singjubung Leirak,
Imphal, was reportedly picked up from his
residence by the army personnel without
Manipur
issuing arrest memo at around 1.30 a.m. on
25 May 2004. The family members
alleged that when they sasked for an arrest
memo, one Manipuri personnel, whose
name tag was written as L Tomba,
threatened to kill all of them. The security
personnel also beaten up both elder and
younger brothers of Nabachandra before
taking him away. Family members
claimed that Nabachandra had no link with
any underground organisation. Hundreds
of Meira Paibis blocked the Nagamapal
Road in protest against the arrest of
Nabachandra.57
On the night of 18 June 2004, three
persons, including 62-year-old T.
Khamzadou, a Church elder and retired
Government teacher, were allegedly
beaten inside their house at Hebron Veng,
New Lamka by the CRPF personnel. They
were allegedly dragged out from the house
and beaten again on the road even though
they pleaded their innocence. T.
Khamzadou was hit with rifle butts and
kicked with boots in spite of revealing his
identity.58
On 1 November 2004, Liyakat Ali, a
van driver of Lilong Bazar was allegedly
brutally assaulted by a police havildar of
Thoubal Police Station in front of the
police station for refusing to drink
alchohol during Ramzan.59
On the night of 15 December 2004, a
combined team of Indian Reserve
Battalion and commandos of Manipur
Police allegedly fired indiscriminately on
a passenger jeep without giving any
warning near YK College at Wangjing in
161
INDIA HUMAN RIGHTS REPORT 2005
Thoubal district, injuring at least eight
innocent civilians, six of whom were
occupants of the jeep and two others were
bystanders. Five were teachers. Following
strong public protests, the state
Government suspended four State security
personnel in connection with the firing.60
In police crackdowns on the
organisations spearheading the agitation
against the AFSPA, Manipur police
arrested 68 persons in Imphal between 15
August and 18 August 2004. Those
arrested included nine active members of
Apunba Lup and 17 members of United
Clubs of Manipur (UCM) including its
secretary in charge of information and
public relations, Joy Chingkham, and
Public Relation Officer, Nongthombam
Joykumar.61 Manipur police arrested 17
persons from various areas of Imphal on
18-19 August 2004. The arrested persons
included two members of All Manipur
Students Union, four members of UCM
and 11 women activists who were
involved in the burning of the National
Flag on Independence Day.62
On 26 August 2004, 18 school students
were arrested in front of the Raj Bhavan and
at the main gate of the Chief Minister’s
office in Imphal. They went there to
surrender their textbooks as part of a
statewide agitation for withdrawal of
AFSPA from the State.63 Eight more
agitators were arrested on 27 August 2004.64
On 29 August 2004, over 50 students
of three nursing institutes of Manipur were
arrested for trying to break through the
high security cordon of the Governor and
162
Manipur
the Chief Minister to demand withdrawal
of AFSPA.65
III. Violence against women
The extrajudicial execution of
Manorama Devi brought into focus the
violence against women. Manorama Devi
was arrested by the Assam Rifles
personnel on the intervening night of 10-
11 July 2004. Havildar (General Duty)
Suresh Kumar (No. 173355) of the 17th
Assam Rifles signed the arrest memo.
Rifleman T Lotha (No. 173916) and
Rifleman Ajit Singh (No. 173491) signed
as witnesses. The arrest memo stated that
Ms Manorama Devi was arrested as a
suspected member of the Peoples
Liberation Army and they recovered
nothing from her and that she was healthy
at the time of her arrest.66 Her dead body
was recovered from Ngariyan Mapao
Maring village on the morning of 12 July
2004 with telltale signs of brutal torture.67
Justice Upendra Commission as required
under normal law summoned the
concerned Assam Rifles personnel to
depose as mere witnesses since they had
signed the arrest warrant for Manorama.
But the Assam Rifles questioned the
jurisdiction of the Upendra Commission of
Inquiry on the ground that the State
government had not taken prior
permission from the Central government.
The Assam Rifles personnel later on
appeared before the Upendra Commission
which has submitted its report at the end of
the year but it has not been made public.
On 27 March 2004, a 14 -year-old
INDIA HUMAN RIGHTS REPORT 2005
minor girl reportedly lodged a complaint
with the Imphal police station alleging
that on 14 January 2004 at around 10 pm
and on 3 February 2004, she was raped by
the Superintendent of Police of Chandel,
Thalchinkham Samte at his official
quarter at Chandel in absence of his wife.
The girl worked as a domestic help at the
quarters of the police officer. An FIR was
registered at Imphal police station.68 On 2
May 2004, Samte was arrested by the
State police after the bail application filed
by him was rejected by the Chief Judicial
Magistrate, Chandel, and remanded him
to judicial custody till 17 May 2004.69
Samte was suspended from service with
effect from 2 May 2004. But he managed
to obtain bail from the Sessions Judge,
Imphal West on 10 May 2004.70
On 5 October 2004, Laishram Mira,
wife of Thounaojam Inaobi of Wangoi
Makha Leikai was brutally beaten up
with a fire-wood by a Manipur police
commando at Khuman Lampak Bus
Terminus. She was let free only when she
began to lose consciousness due to the
beating. She sustained severe injuries on
her arms and left thigh, and had to be
hospitalized. The police commando team
who came in a Gypsy (No 3706)
reportedly vent their ire on the old
woman after they failed to arrest
gamblers in the area.71
A jawan of India Reserved Battalion
Thoudam Kesho posted at Wangjing
along with his four associates allegedly
kidnapped one girl from Wangjing
Achouba Maning Leikai while the girl
Manipur
was going to collect rice in the evening of
22 December 2004 and raped her at
Wangbal canal area.72
IV. Impunity
Although on 10 May 2004, the
Gauhati High Court found personnel of the
14th Sikh Light infantry guilty of
extrajudicially killing a civilian, T Moni
after picking him up from his house at
Tonsen Lamkhai village under Sugnu
police station in Chandel district in 1998,73
little action has been taken with regard to
the human rights violations including the
ones on which judicial or magisterial or
departmental inquiries have been ordered.
In 2004, the State government ordered
eight judicial and magisterial inquiries into
the following alleged extrajudicial
executions:
(1) A magisterial inquiry into the killing
of Thangjam Binoy on 7 March
2004 by 28th Assam Rifles at
Kshetri Leikai, Charangpat road
under Thoubal Police Station
reportedly established that he was
innocent.74
(2) The State government reportedly
decided to handover the killing of
Khundrakpam Tejkumar, third year
BA student of D M College of Arts,
Imphal by the Assam Rifles
personnel on 9 March 2004 to the
CBI.75
(3) Khumanthem Ajitkumar alias
Naoba son of Kh Nagor Singh of
Karang Mamang Leikai under
Patsoi police station on the
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INDIA HUMAN RIGHTS REPORT 2005
intervening night of 14 and 15
March 2004 by the 19th Rajputna
Rifles. On 18 March 2004, family
members reportedly accepted the
dead body of Naoba after Chief
Minister O Ibobi Singh had
accepted the demand of handing
over the case to the CBI.76
(4) Meghachandra Meitei son of K
Shamu of Leimapokpam Khunpham
Makha Leikai on 4 May 2004 by the
CRPF personnel. Deputy
Commissioner of Senapati district,
T Pamei was directed to inquire.77
(5) Thokchom Doren on 10 May 2004.
The Deputy Commissioner of
Thoubal Mr P Vaiphei was directed
to conduct inquiries.78
(6) Death of Manorama Devi at the
hands of Assam Rifles personnel on
11 July 2004. Justice C Upendra
was conducting the inquiry.
(7) Retired special judge Justice KR S
Gourachand Singh is inquiring the
killing of Limkhongam Baite,
Thangpou Baite and Hemmingthang
Baite by Manipur police
commandos.79
(8) Retired sessions judge C Upendra
Singh was appointed to inquire
killing of 75-year-old L D
Rengtuiwan on 16 November 2004
at Bungte Chiru village.80
The departmental, magisterial and
judicial inquiries into the following cases
of 2002 and 2003 are still awaited:
- Firing incident at Pangei Bazaar,
Imphal on 9 April 2002 in which six
164
Manipur
persons including four CRPFs were
killed and 34 injured;
- Counter insurgency operation on 22
April 2002 in which three persons
of a family were killed and another
member of the same family, a one
and half year old kid, injured in a
crossfire between the Border
Security Force personnel and the
armed opposition groups near Zou
Veng, a Kuki village around half a
kilometer south of Sugunu police
station. The inquiry has reportedly
been completed but not made public
as yet;
- The magisterial inquiry into the
killing of Zane Alam, son of Md
Amalullah Khan of Minuthong
Hafiz Hatta on 2 October 2002;
- Killing of RK Thoibinao Devi,
daughter of RK Ajitkumar Singh of
Ningthoukhong, by BSF on 1
January 2003;
- Killing of four children and injury
of another at Manipur Police
Training School at Pangei used by
the BSF and CRPF on 24 March
2003;
- The killing of Md Qayamuddin son
of Md Zamiruddin of Kiyamgei
Muslim Awang Leikai of general
post office on 4 September 2003;
- Inquiry into the firing incident of
September 2003 at Sugnu in which
four civilians - Thakhokam
Khongsai, Saikhogin Hensing,
Letkhomang Hensing and
Haokhopao Hensing were allegedly
INDIA HUMAN RIGHTS REPORT 2005
killed by the Assam Rifles;
- Judicial enquiry into the death of N
Sanjita of Ucharthol who
committed suicide on 4 October
2003 by consuming poison, just a
few hours after she was subjected to
“frisking” by Army personnel
stationed at the Jiribam railway
station; and
- Killing of AS Somatai by personnel
of Imphal East commandos on 1
December 2004 night along the
Heingang-Sangakpham road.
V. Manipur State Human Rights
Commission
On 27 June 1998, State government of
Manipur established the State Human
Rights Commission. However, the
Manipur State Human Rights Commission
(MSHRC) exists only on paper due to lack
of members, resources and contempt of the
State government.
After the formation of MSHRC, the
State government of Manipur appointed
three members. Justice S N Bhargava who
was also serving as the Chairman of the
State Human Rights Commission of
Assam was appointed as the Chairperson
of the MSHRC. During his entire tenure,
Justice Bhargava reportedly visited
Manipur twice only.
To deal with the absence of Justice
Bhargava, an Acting Chairman among the
three members was appointed. The
members of the State Human Rights
Commission also developed the rules of
procedures which provided that on legal
Manipur
matters, at least two members must give
their assent.
On 3 September 2003, Justice W A
Shishak was appointed as the Chairman of
the Manipur State Human Rights
Commission. When the Director of Asian
Centre for Human Rights (ACHR) met
Justice Shishak on 23 August 2004 in
Imphal, Justice Shishak was not paid any
salary since his appointment. He was
maintaining himself with his pension as
former Chief Justice of Chattisgarh High
Court. Apart from a letter appointing him
as the Chairman, Justice Shishak did not
receive any further communications. For
two months, Justice Shishak had been
seeking an appointment with Chief
Minister Ibobi Singh but without any luck.
The term of the other three members
expired on 8 December 2003. At the end of
2004, not a single member was appointed.
As the rules developed by former members
of the MSHRC require assent of two
members on legal matters, Justice Shishak
cannot take any decision. He has been
postponing all the complaints, hoping that
the State government would soon appoint
the other members.
The Manipur State Human Rights
Commission never had any Secretary
General since its formation. A Deputy
Secretary of the Law Ministry has been
serving as the head of the administration of
the MSHRC. He shuttles between the Law
Ministry and the State Human Rights
Commission and reportedly spends only
about 20% of his time with the State
Human Rights Commission. The Manipur
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INDIA HUMAN RIGHTS REPORT 2005
State Human Rights Commission does not
have any investigative staff. There is no
research division either.
The State government of Manipur
officially sanctioned Rs 13 lakhs for the
year 2000-2001, 28.68 lakhs for 2002-
2003, 28.60 lakhs for the year 2003-2004
and 30 lakhs for 2004-2005. The State
government allegedly diverted the
resources approved for the State Human
Rights Commission for other purposes.
The Manipur State Human Rights
Commission reportedly returned the
untilised money to the government.
However, it has only two computers, one
of which was bought during the financial
year 2004-2005.
Justice Shishak stated that despite
sending reminders from 10 to 15 times,
State government of Manipur did not
submit any response to many complaints.
VI. Abuses by the armed
opposition groups
The armed opposition groups have
been responsible for arbitrary killings,
extortion, kidnapping and other violations
of international humanitarian law.
i. Arbitrary killings
On 22 February 2004, a four-year-old
girl named Salam Thoibi was killed and
two others injured in an indiscriminate
firing by members of the United National
Liberation Front in Karang village in
Bishenpur district. The UNLF members
reportedly entered into an altercation over
the question of wearing a camouflage T-
166
Manipur
shirt by one Salam Sanjoy. When Salam’s
mother and her companions were about to
leave after the alleged row, the commander
of the UNLF reportedly stepped out and
fired at them three times. Four-year-old
Salam Thoibi, who was hanging to her
mother’s back, was reportedly hit by a
bullet and died on the spot. The two other
bullets hit Ningthoujam Abem and Salam
Sanjoy on their legs.81 Over two thousand
angry villagers reportedly took out a rally
from Karang to Moirang with the child’s
body demanding punishment for the
culprit.82 The UNLF on 24 March 2004
reportedly expressed regret over the death
of the four-year-old girl and injuries to the
other two allegedly by the bullets of its
cadres. The UNLF further stated that it
would probe the incident and take
necessary action; but no further statement
has been made.83
On 22 March 2004, Huidrom
Shyamsunder alias Amujao, son of H
Ibomcha of Wabagai Awang Leikai, was
reportedly shot dead at a place near
Oriental Social Association, Wabagai
Awang Leikai by three unidentified
gunmen after he was abducted from the
campus of Wabagai Pole Star College
examination centre at around 8.30 am on
the same day. He was reportedly writing
his class XII exams conducted by the
Council of Higher Secondary Education
Manipur.84 PREPAK reportedly claimed
responsibility for the killing of
Shyamsunder, alleging that he was a police
informer, and his activities had led to the
death of the organization’s secretary on 9
INDIA HUMAN RIGHTS REPORT 2005
March 2004.85
On 24 April 2004 at around 6.30 pm,
two gunmen reportedly shot and killed
former DGP of Manipur, Lairenjam
Jugeshwar at his house at Kwakeithel
Mayai Koibi Chabungbam Leikai Pukhri
Mapal in Imphal. He received two bullet
injuries at his chest and two at his
underarm, and died later at RIMS hospital.
The KYKL claimed responsibility.86
The Kuki National Front claimed the
responsibility for killing Thangin Kipgen
and his wife Lhingneikim Kipgen, residing
at the Military Colony under the
Kangpokpi police station after abduction
from their residence. They were accused
of having nexus with the security forces in
eliminating important members of the
outfit at their residence’s gate on the night
of 25 October 2004.87
The Hmar Peoples’ Convention
(Democratic) cadres killed two persons
identified as Thokchom Dinesh alias Raju
of Uchiwa and Ningboi Haokip alias
Chanu of Churachandpur Tuibong Bazar.
Their bullet-riddled bodies were recovered
by police from near Dinwiddiet Bible
College at Khumujamba in Churachandpur
district on the night of 2 December 2004.
They were accused of collecting ransom
from the Hmar people in the name of an
underground organisation.88
On the morning of 14 December 2004,
one Holkhopao Hangsing of Tingpibung
village was killed by suspected Kuki
National Army cadres after being singled
out from among the passengers of a bus on
which he was traveling from
Manipur
Yaingangpokpi to his village. The
unidentified gunmen reportedly stopped the
bus near Potsong Lokchao. After checking
the passengers, the militants singled out
Holkhopao and shot him dead before
releasing the rest of the passengers.89
On 16 December 2004, E.
Vungkholian Paite, former president of All
Tribal Students Union Manipur hailing
from Churachandpur district, and his
companion Gilhlal Tombing of
Churachandpur were shot dead by
unidentified gunmen at the quarter of
Twangzalian Paite, a forest guard
employee, at the Lamphel PWD quarters
under Lamphel police station. Zomi
Revolutionay Army claimed responsibility
for the killings.90
On 28 December 2004, bullet-riddled
body of a 52-year-old carpenter identified
as Ginjakhen of Ngaljang village under
Singhat Sub division was found in a paddy
field located between Khuga Turel and
Lalnga Khong south east of
Churachandpur police station. The Zomi
Revolutionary Army claimed
responsibility and accused Ginjakhen of
carrying out anti-party activities.91
ii. Torture
On the night of 4 April 2004, five
youth were reportedly thrashed by around
20 armed opposition group members.
They were earlier forced to lie prostrate in
a line at a place near Dinwiddie Bible
College in Khumujamba area. The victims
had to be hospitalised at the district
hospital, Churachandpur.92
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INDIA HUMAN RIGHTS REPORT 2005
As part of “Operation New
Kangleipak”, armed cadres of the KYKL
abducted eight teachers including two lady
teachers of the National Institute of Open
Schools, Manipur, on the night of 24
November 2004. Before releasing them,
members of the KYKL shot at the legs of
the six male teachers and caned the two
women as punishment for allowing
malpractices in the ongoing NIOS
examinations. The teachers were accused
of collecting Rs 4000 to Rs 5000 from
each student while selling written answer
scripts and xerox copies of the same to
students and allowed mass copying during
class X and XII examinations.93
On 2 December 2004, the Manipur
Human Rights Commission took
cognizance of a petition by Kuki
Movement for Human Rights seeking
steps to rein in the NSCN (IM), which
allegedly served quit notices on Kuki
residents of two villages in Ukhrul district
on 23 November 2004. Some NSCN (I-M)
activists went to Thawai village on 23
November 2004 and ordered the villagers
to leave before Christmas or face dire
consequences.94
iii. Kidnapping
On 29 June 2004, three unidentified
youth brandishing pistols stopped two
Imphal bound trucks and kidnapped their
drivers and handymen at Keithelmanbi
area in Kangpokpi in Senapati district. The
handymen, Thangjam Hemanta Singh and
Md Khan were released on the same day.
The abductors demanded Rs 5 lakh for the
168
Manipur
safe release of the two truck drivers, one of
them identified as Inaobi.95
On 1 July 2004, Kaphunchung L.
Kalmei, the Deputy Director of Manipur
Commerce and Industry Department, was
reportedly abducted by armed members
belonging to the Human Rights and
Protection Guild from his New Lambu
Lane residence in Imphal. Claiming
responsibility for abduction, the outfit
accused the official of misappropriating
crores of rupees sanctioned by the Union
textile ministry under the Centre’s Din
Dayal scheme.96
On 8 November 2004, three PHED
officials- Assistant Engineer K Sarat, SO
Ksh Tombi and SO W Bhaskar were
abducted by the1 Kuki Liberation Army.
They were set free on 11 December 2004
following an alleged understanding reached
between the KLA and the PHED authority.97
On 13 December 2004, suspected
cadres of the KYKL abducted Manipur
University vice-chancellor N Bijoy Singh
and registrar R K Ranjan.98 The outfit
reportedly demanded Rs 1 crore for their
release.99 They were released on the
morning of 18 December 2004 after being
shot at their legs allegedly for
manipulating the selection of the director
for the Audio Visual Research Centre of
the university. A KYKL spokesman said
the officials were ‘’punished’’ as part of
the outfit’s “Operation Langleipak’ to
‘’cleanse’’ the educational system. Both
the V-C and the registrar underwent
surgery at the Regional Institute of
Medical Science Hospital.100 ■
C h a p t e r
17
Meghalaya

I. Overview

R
uled by Congress-led Meghalaya Democratic Alliance
(MDA), the ceasefire agreement singed on 23 July 2004 with
Achik National Volunteer Council (ANVC)1 and surrender of
about 50 cadres of Hynniewtrep National Liberation Council
(HNLC) failed to bring peace in the state. A rehabilitation package
announced by Chief Minister D D Lapang for the surrender of the
armed groups’ members had little impact. In 2004, another armed
opposition group, United Achik National Front (UANF) was formed
in the Garo Hills.2
INDIA HUMAN RIGHTS REPORT 2005
The security forces and the armed
opposition groups were responsible for
violations of human rights and
fundamental freedoms. On the morning of
18 February 2004, Rajesh Chetri, a
resident of Mawlai Nongpathaw, was
found death at the Pynursla police station
in East Khasi Hills district.3
The failure to resolve the long-
standing boundary dispute with Assam led
to the arrival of 200 Khasi families in
November 2004. Over 4000 Khasi-Pnars
from Block I and Block II areas in Karbi
Anglong of Assam had returned in late
2003 after being displaced due to
continued threats and atrocities
perpetrated by Karbi armed opposition
groups.
The violence against women in the
State famous for matrilineal societies
continued. Rescue of a 25-year-old woman
by an NGO from being trafficked from
Shillong highlights systematic and well-
knitted network of the traffickers. The
State Women’s Commission was allegedly
constituted without consultations with
NGOs.
The ruling coalition shot down a
private member Right to Information Bill
presented before the State assembly.
Indigenous peoples led by the Khasi
Students’ Union, Hynniewtrep
Environment Status Preservation
Organisation and Meghalaya People’s
Human Rights Council continued their
protest against the proposed mining by the
Uranium Corporation of India Limited at
Domiasiat in the West Khasi Hills District.
170
Meghalaya
II. Atrocities by security forces
i. Arbitrary, summary and extrajudicial
executions
The state police and the Central
security forces have been responsible for
widespread violations of human rights
such as harassment, arbitrary arrest and
detention, torture, forcible eviction of
families from their houses and
extrajudicial killings. The NHRC recorded
two deaths in judicial custody in 1999-
2000, one death in police custody in 2000-
2001, 3 deaths in police custody and two
deaths in judicial custody in 2001-2002
and 6 deaths in judicial and police custody
2002-2003.4
On 18 February 2004, the West Garo
Hills Deputy Commissioner ordered a
magisterial enquiry headed by Dadenggre
Sub-Divisional Officer (Civil), R P Marak
into the killing of four civilians under
mysterious circumstances by the police.
The police claimed that they were ANVC
members and killed in an encounter. The
magisterial inquiry was ordered following
a representation by the Mothers’ Union of
Tura claiming that they were innocent
civilians.5
On the morning of 18 February 2004,
Rajesh Chetri, a resident of Mawlai
Nongpathaw, was found death at the
Pynursla police station in East Khasi Hills
district. He was arrested along with two
others Clinton Khongriat from Wahingdoh
and Rapbor Marwein from Jaiaw in
connection with a robbery case near
Wahkdait on 16 February 2004. A
magisterial inquiry was ordered into his
INDIA HUMAN RIGHTS REPORT 2005
custodial death. 6
On 23 February 2004, 1st Naga
Regiment jawans allegedly killed Gujan K
Marak, his wife Baljone R Marak, and
their seven- month-old daughter Nomela R
Marak on the spot when they fired
indiscriminately at their house during an
operation against the armed opposition
groups in Jengrikgre village in West Garo
Hills district. Their 14-year-old son Sabir
Kumar R Marak had a narrow escape with
bullet injuries on his left hand and leg and
burn injuries on his face due to the grenade
explosion. According to Sabir, three
suspected ULFA militants barged into their
house shortly after 10 pm and sought
accommodation for the night. Hardly ten
minutes later, the army arrived there. One
of the ULFA militants immediately lobbed
a grenade at the army killing the Major on
the spot. The militants then escaped into
the darkness. But the army personnel
retaliated and began indiscriminate firing
at the house. As the thatched house caught
fire, the mother and daughter were charred
beyond recognition.7 Initially the army
claimed the victims to be ULFA militants
killed in encounter. But later they claimed
it to be “an IED blast” that killed them.
However the villagers and the local
Member of Legislative Assembly, Edmund
Sangma and the district administration
have reportedly confirmed that the
deceased were civilians.8
ii. Arbitrary arrest, detention and torture
The police and central security forces
were also responsible for arbitrary arrest,
Meghalaya
detention and harassment.
On 31 December 2003, the army
personnel allegedly evicted 23 families
from the Mathura Compound within the
Cantonment area in Shillong by burning
down the houses. Their belongings were
thrown out without serving any notice
prior to eviction. Around a hundred
evicted people had been forced to live in
the open after their eviction. The army had
allegedly illegally occupied vast areas of
land in Shillong.9
On 1 July 2004, one Rishall
Kharbyngar was allegedly arrested
illegally and subjected to third degree
torture by Sub-Inspector J Koch in the
custody of Sadar Police Station. On 8 July
2004, the Guwahati High Court on a
petition filed by the Citizens’ Rights
Protection Group directed the police to
produce the victim before the Additional
District Magistrate.10
On 9 July 2004, plain clothed army
personnel who were camping at Jagiroad,
close to Mawhati in Ri- Bhoi district
allegedly entered many villages, harassed
the villagers and forcibly took away
ginger, potatoes and other agricultural
produce.11
III. Atrocities by Armed
Opposition Groups
The armed opposition groups in
Meghalaya are Achik National Volunteer
Council (ANVC), Hynniewtrep National
Liberation Council (HNLC) and United
A’chik National Front (UANF) from the
State. In addition, armed opposition
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INDIA HUMAN RIGHTS REPORT 2005
groups from Assam such as National
Democratic Front of Bodoland (NDFB)
and United Liberation Front of Assam
(ULFA) havee also been reportedly active
in the State. All these armed groups have
been responsible for severe human rights
violations, including violations of right to
life, kidnapping, extortion, torture and
destruction of public properties. On 19
June 2004, Chief Minister D D Lapang
tabled a surrender-cum-rehabilitation
scheme for militants in the Assembly.12 But
it had little effect.
On 1 December 2004, suspected
NDFB members shot dead five villagers
identified as Mihir Hajong, Reboti
Hajong, his 11-year-old daughter Litika
Hajong, Rita Hajong and Dipali Hajong at
Lutubari village near Ampati in West Garo
Hills. Members of the armed group came
to the house of Mihir Hajong at around
9.30 pm and inquired about his son Samit
Hajong, an alleged ex-NDFB militant.
When Mihir pleaded ignorance about the
whereabouts of his son, they became
angry. They asked Mihir and other family
members, including the maid of the house,
to line up and then shot them at point blank
range killing them on the spot and injuring
Rishi Hajongw who had to be shifted to
Tura civil hospital.13
On 6 March 2004, a police officer
Umesh Prasad was abducted from Upper
Shillong by suspected members of an
unidentified armed opposition group. His
decomposed body bearing several injury
marks was found from 3 Mile area of
Upper Shillong by the State police on 12
172
Meghalaya
March 2004. The decomposed body
indicated that Prasad was severely
tortured and his throat was slit by the
abductors.14
On the night of 9 February 2004,
suspected members of the NDFB
kidnapped one Rajkumar Sahu and his 11-
year-old son Pawan from their residence at
Chaipani near Dalu in West Garo Hills. On
the night of 10 February 2004, they
released Rajkumar and asked him to return
with twenty lakhs of rupees for the safe
return of his son.15
On 14 October 2004, suspected
UANF-NDFB cadres kidnapped 7-year-
old son of Sankar Prasad, a petty
businessman from Natun Bazar,
Purakhasia in West Garo Hills on not
finding Sankar Prasad at home.16
IV. Internally Displaced Persons
In the last week of November 2004,
about 200 Khasi families fled Cachar Hills
in Assam to escape atrocities by armed
opposition groups.17 Over 4,000 Khasi-
Pnar people who were displaced from
Block I and II areas in Karbi Anglong
district of Assam due to alleged threats and
harassment from the United People’s
Democratic Solidarity (UPDS) and Karbi
National Volunteers (KNV) militants
returned in late 2003.18 However, there has
been little improvement of their security
situation.19
Block I and II areas in Karbi Anglong
have remained disputed between Assam
and Meghalaya for a long time. In 1951,
these areas had been transferred to the
INDIA HUMAN RIGHTS REPORT 2005 Meghalaya

Karbi Anglong (then called United Mikir even after the birth of Meghalaya in 1972.
and North Kachar Hills) after slicing them Since then the Khasi-Pnars of the area
from the erstwhile Khasi and Jaintia Hills have often expressed their desire to be a
district and these remained with Assam part of Meghalaya. ■

173
INDIA HUMAN RIGHTS REPORT 2005 Meghalaya

174
C h a p t e r
18
Mizoram

I. Overview

R
uled by the Mizo National Front, Mizoram’s Chief Minister
Zoramthanga plays the role of a peace emissary with various
armed opposition groups in the North East. Peace, however,
has remained elusive in Mizoram. Twelve rounds of talks between
the State government and Bru National Liberation Front (BNLF)
have failed to resolve the Bru imbroglio.1 Over 35,000 Reangs also
known as the Brus who have taken shelter in Tripura since 1997
continued to languish in the relief camps.
INDIA HUMAN RIGHTS REPORT 2005
The Myanmarese refugees who faced
large-scale refoulement in 2003 constantly
live under fear. The order of the National
Human Rights Commission of 25 October
2004 pertaining to the complaint of the
Asian Centre for Human Rights against the
refoulement of the Myanmarese refugees
has failed to stop the refoulement.
Non-state organisations especially the
Young Mizo Association, Mizo Zirlai Pawl
and Mizo Students Union have been
instrumental for the refoulement of the
Myannmarese refugees. These non-State
organisations continued to take law into
their hands with regard to the “outsiders” -
those who have allegedly entered
Mizoram without valid Inner Line Permits
(ILP) or continued to live after the expiry
of the ILP.
Ethnic minorities continue to be
discriminated and demand for Union
Territory (UT) by the Lai, Mara and
Chakma UT Demand Committee surfaced.
On 19 March 2004, the ruling MNF
members turned down a private member
bill on Right to Information and
Transparency in Public Procurement Bill.2
Though Mizoram government has
made significant progress for codification
of customary laws, women continued to
suffer from traditional justice system.
There has been increase of trafficking of
women.3
II. Atrocities by security forces
There have been reports of human
rights violations in Mizoram.
On 13 July 2004, 16-year-old
176
Mizoram
Lalmuanpuia s/o C. Vanlalvena (vide GR
No. 170/04,) was physically assaulted by
Superintendent of Police for refusing to
confess. He was slapped repeatedly that
caused bleeding from the ears. The
Superintendent of Police justified it by
stating that the accused did not answer his
questions properly and had stared at the
Champhai District Magistrate. The victim
was referred to ENT specialist at Aizawl
hospital, from Civil Hospital of
Champhai.4
On the night of 24 October 2004, a 20-
year-old Mizo girl was allegedly assaulted
and raped by two jawans of the Counter
Insurgency and Jungle Warfare School
(CIJWS) at Vairengte village in Kolasib
district. The YMA and Mizo Hmeichhe
Insuikhawm Pawl alleged that the jawans
waylaid the girl who was returning from a
church service in the United Penticostal
Church, Vairengte, along with two youth.
After threatening and physically assaulting
the two boys, the army jawans raped the
girl. The army jawans also allegedly
snatched and threw away the Bible she
was carrying.5 Although the authorities of
the CIJWS denied the charge of rape,6 later
on, a jawan of the school was dismissed
from service and another reprimanded for
molesting the Mizo girl. A defence press
release in Kolkata on 1 December 2004
stated: “Two soldiers, attached to the
Counter-insurgency and Jungle Warfare
School at Vairengte, Mizoram, were
identified as having committed the
offence. While one has been dismissed
from service, the other has been severely
INDIA HUMAN RIGHTS REPORT 2005
reprimanded and prematurely dismissed
from service.”7
III. Atrocities by the armed
opposition groups
The main armed opposition group in
the State is the Bru National Liberation
Front (BNLF), Hmar Democratic
Covention and Bru Liberation Front of
Mizoram, a breakaway faction of the
BNLF. There are also reports of presence
of many armed opposition groups from
neighbouring Burma.
On 30 January 2004, suspected
members of the Bru Liberation Front of
Mizoram (BLFM) reportedly abducted 22-
year-old Helia, son of a village council
President of Tuipuibari village when he
and two friends had gone for fishing.
Helia’s friends were, however, released
later. Helia was reportedly held by the
BLFM.8 The BLFM reportedly demanded
Rs 5 lakhs as ransom. However, Helia was
reportedly released on 2 March 2004
unconditionally.9
IV. The Bru crisis
Despite reported assurance of Chief
Minister Zoramthanga to the then Prime
Minister Atal Bihari Vajpayee on 20
January 2004 during the meeting of all
Chief Ministers of the North-Eastern states
in New Delhi to take back the Bru
Internally Displaced Persons (IDPs)
sheltered in Tripura within two months10,
Chief Minister Zoramthanga failed to take
any initiative at the end of the year. Over
35,000 Reang IDPs who fled their homes
Mizoram
in Mizoram following ethnic violence in
October 1997 continued to languish in six
refugee camps at Naisingpara, Ashapara,
Hazacherra, Kaskaspara, Khakchang and
Hasnapara in North Tripura district.
The Reang IDPs have been living in
deplorable conditions. They have been
suffering epidemics and malnutrition due
to insufficient and delayed supply of
ration, medical and other relief materials.
While displaced Kashmiri Pandits from
Jammu and Kashmir receive Rs 750 per
person, an adult Bru receives Rs. 2.67 a
day and a minor received half of it.
Rations are often delayed and denied.
Children and women are the worst affected
in the absence of medical, drinking water
and sanitary facilities. Hundreds have
died. With no schools and jobs for the
IDPs and their children, many have been
suffering from trauma and psychiatric
problems.11
The armed opposition group, BNLF
demanded Autonomous District Council for
the Brus to be carved out the North Western
parts of the state. During the negotiations in
2003, the BNLF, however, reduced its
demand from Regional Council to Bru Area
Development Council to resolve the crisis.
Yet, little progress has been made despite
holding 12 rounds of dialogue at the end of
2004 primarily due to recalcitrant stand of
the State government. The political parties,
YMA and MZP have been opposing the
return of the Bru IDPs.
The Mizoram government is
reportedly ready to accept only 12,000
IDPs out of an estimated 35,000.12 In
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INDIA HUMAN RIGHTS REPORT 2005
October 2004, the State government
reportedly submitted Rs 25 crore proposal
to the Central government for re-
settlement and rehabilitation of the ousted
Bru IDPs in the state.13
Although some Brus had exercised the
right to franchise through postal ballots
during the general elections in May 2004,14
thousands of Bru voters who were deleted
from electoral rolls could not vote. In
August 2003, Mizoram Chief Electoral
Officer, Lalmalsawma submitted names of
14,616 Bru voters to the Election
Commission as part of special revision of
electoral rolls. Out of these, 8,830 were
newly inducted into the revised electoral
roll, while 5,786 names already existed in
the previous electoral rolls of the state.15 In
the course of a subsequent scrutiny at
Aizawl, names were indiscriminately
deleted and only 4,266 inmates were
finally enlisted as voters.16 On 17 October
2004, the Guwahati High Court issued
notices to the Tripura government,
Mizoram government and the Central
government for inclusion of the Brus in the
electoral rolls of Mizoram.17
V. Refoulement of Myanmarese
refugees
An estimated 60,000 Myanmarese
refugees comprising of the Chins,
Arakanese and the Kachins have sought
refuge in Mizoram since 1988.18
However, in the wake of xenophobic
frenzy after the rape of a Mizo girl in July
2003, at least 7,209 Myanmarese nationals
including 3,352 women were refouled by
178
Mizoram
the YMA and MZP activists in 2003.
The Asian Centre for Human Rights
filed a complaint with National Human
Rights Commission against refoulement of
the Myanmarese refugees. The State
government in its reply flatly denied that
there are any Myanmarese refugee in the
state as all are immigrants. On the other
hand, Vanglalngaijsaka, First Class
Magistrate and Nodal Officer, Foreigners
Cell of the State government of Mizoram
who conducted an inquiry into the
complaints of ACHR in his report of 10
October 2003 stated that “After political
turmoil in Myanmar where successive
repressive measures were adopted by the
military junta, there has been steady influx
of Myanmarese nationals, mostly ethnic
Chins.” Those fleeing to escape from
repression qualify as refugees under
international law.
The NHRC’s judgement
(No.2/16/2003-2004/FC) of 10 October
2004 has been unfortunate. In its prayer,
ACHR requested the NHRC to “direct the
Ministry of Home Affairs and State
government of Mizoram not to deport any
Myanmarese refugee without their
applications/ claims for refuge has been
considered by the National Human Rights
Commission”. The NHRC response has
been classic. It states, “So far as the prayer
is concerned, it appears to be based on some
confusion. There are no applications/claims
pending with National Human Rights
Commission for grant of refugee status to
any Myanmarese refugee”. The NHRC
failed to understand that the complaint was
INDIA HUMAN RIGHTS REPORT 2005
pertaining to the Myanmarese refugees who
were being refouled by the YMA and MZP
and that NHRC should process their claims
before any refoulement.
In September 2004, the Ministry of
External Affairs (MEA) conveyed to the
National Human Rights Commission that
it has no objection to the Burmese refugees
staying in India till their status is
confirmed by the United Nations High
Commissioner for Refugees (UNHCR).
The MEA issued this clarification in
response to the comments sought by the
NHRC with regard to the complaint filed
by the Asian Centre for Human Rights
(ACHR).19 However, UNHCR is denied
access to Mizoram and therefore, those
remaining in Mizoram are effectively in
danger of refoulement. ACHR is in
possession of numerous applications of
Burmese asylum seekers who were denied
refugee status by the UNHCR though they
clearly stated that YMA and MZP have
been deporting them to Burma, where they
face severe violations of their rights at the
hands of the military junta.
VI. Outsiders
The YMA, MZP and Mizo Students
Union have been responsible for acting as
extra-legal authorities on identification of
“outsiders” - those who entered Mizoram
without valid Inner Line Permit or
continued to live after expiry of the ILP.
The unwillingness of Mizoram
government to check the ILPs implies that
it often abdicates its responsibility to non-
State actors whose actions usually turn
Mizoram
communal.
On 6 March 2004, YMA served an
ultimatum on the non-Mizos staying in
Mizoram without proper authorisation to
leave the state by 7 April 2004. The
association alleged that many non-Mizos
continued to stay back in the state illegally
after the expiry of their inner line permits
to do business. Following the YMA threat,
a Kolkata-based Bengali organisation
threatened to expel all Mizos from Kolkata
if the April 7 deadline was executed.20
The YMA subsequently declared that
it would launch a drive from 10 April 2004
to push out all the alleged illegal non-
Mizos.21
The Mizo Students Union (MSU)
served an indefinite closure notice to all
non-tribal traders in Mizoram from 21
April 2004 following the arrest of its
president Laldinthara and other central
executive members of the MSU on 19
April 2004. Mizoram Police had picked up
about 16 MSU activists after they
vandalized a non-tribal shop at Zemabawk
in Aizawl when its owner, Puroshottam
Khandelwal, refused to pay donation to the
organisation. The MSU alleged that
Khandelwal, who owns Pushpak Canteen,
was involved in surreptitious liquor
business.22
On 15 May 2004, a non-Mizo labourer
was killed23 and about 20 non-Mizos were
reportedly injured in an ethnic flare-up in
Aizawl triggered by the murder of a 20-
year-old Mizo girl Lalremsiami by two
suspected non-Mizo coolies working in a
wholesale second-hand garment shop at
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INDIA HUMAN RIGHTS REPORT 2005
Zarkawt (Aizawl). The Mizo woman was
also working there. The Mizo Zirlai Pawl
(MZP) or Mizo Students Federation and
the Mizo Students Union clamped ‘non-
Mizo curfew’ in the state capital and
warned non-tribals from venturing out on
the streets. Altogether 10 boys were
arrested for the attacks.24 ACHR was
informed that five of the injured were in
critical condition and one was certain to
lose his eye. Among the victim included a
12-year-old boy.25 At least 300 non-Mizos
fled from Mizoram.26
VII. The status of minorities
The key minority groups, Lai (Pawi),
Mara (Lakher) and Chakma communities
of Mizoram have been demanding
upgradation of their existing three
autonomous district councils. Chairman of
the Lai, Mara and Chakma UT Demand
Committee, Mr Hmunhre alleged that out
of the total of 1,200 employees in the
Mizoram Secretariat, there were only five
Lai and three Mara employees, while there
was no representation from the Chakma
tribe. Similarly, in Mizoram Civil Service
and Mizoram Police Service, the
combined representation of these tribes
was only 13.61 per cent and 4.83 per cent
respectively. He alleged that ethnic
minorities continued to be effected by the
declaration of Mizo as the Official
Language, thus making it virtually
impossible for candidates from the no-
Mizo speaking minority tribes to seek
appointments in government
departments. 27
180
Mizoram
VII. Internally Displaced Persons
About 400 families who had lost their
lands and means of livelihood have been
virtually left high and dry without any
compensation for the Tuirial and Tuivai
hydel projects.28 According to the
agreements signed by state government,
the state would receive only 12 per cent
free power from each of the projects while
the government would acquire all the
necessary lands and hand it over to the
North-East Electric Power Corporation
(NEEPCO).29
On 12 August 2003, NEEPCO signed
an agreement with the Mizoram
government and local Turial
Compensation Claimant Association to
pay Rs. 8,04,90,627 as compensation to
the affected villagers. 50 per cent of the
amount was released on 10 September
2003 and the NEEPCO had agreed to pay
the rest before 31 March 2004. But it had
not done so due to the objection from the
Ministry of Power of the government of
India. The angry villagers stopped the
work of the project on 8 June 2004 to
express their anguish against the
unwillingness of the NEEPCO to honour
its agreements.30
VIII. Conditions of women
Although Mizoram government has
reportedly completed codification of
customary laws, women continued to
suffer from injustices awarded by the
Village Defence Party, the Joint Action
Committee and the Village Council Court
established under various customary laws
INDIA HUMAN RIGHTS REPORT 2005
of the State. These organisations are given
the responsibility of maintaining law and
order in their locality and often act as law
unto themselves.
There were reports that those caught
in conflict with the law are put into
wooden cages by these organizations as a
part of traditional justice. The accused are
not handed over to the police. The
complaints which are sometimes criminal
in nature are decided by the so-called Joint
Action Committees or Village Defence
Party. They also impose monetary penalty.
The hairs of the accused are shaved
off. The community leader and other
individuals can order dismantling or
ransacking of the houses and force them
out of their house for allegedly not
Mizoram
conforming to certain norms set by the
traditional bodies.31
Mrs. Sangkhumi, an indigenous
women and virtual homeless was found to
be in possession of 1 litre country liquor in
the late evening of 22 August 2004. She
was taken into custody by the Village
Council President of Vaivakawn,
Rotluanga. She was brutally beaten. They
also extorted her money amounting to Rs
2,600.00 (Rupees two thousand and six
hundred only). In addition, the Village
Council President and his accomplice
shaved off her hair. If she were to be found
guilty under the Mizoram Total
Prohibition Act, 1995, she could be fined
but no corporal punishment could be
awarded.32 ■
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INDIA HUMAN RIGHTS REPORT 2005 Mizoram

182
C h a p t e r
19
Nagaland

I. Overview

L
ed by Democratic Alliance of Nagaland, Nagaland remained
relatively peaceful as a result of the ongoing peace process
between the government of India and Naga armed opposition
groups - National Socialist Council of Nagalim (Issac-Muivah) and
the National Socialist Council of Nagalim (Kaplang). The
government of India signed cease-fire agreements with both the
factions of the NSCN. In December 2004, NSCN (IM) leaders, Issac
Swu and T Muivah came to India and after a meeting with Prime
INDIA HUMAN RIGHTS REPORT 2005
Minister Manmohan Singh, both sides
reiterated to find a “mutually acceptable
and honourable solution”.
Despite cease-fire, highhandedness of
the security forces continued unabated.
The State government and the civil
society groups protested the extrajudicial
execution of Khandemo Kiran on 13
September 2004. At around 1 pm, two
Naga youth riding on a motorcycle were
reportedly shot at without any warning by
the Central Reserve Police Force
personnel at a checkpost at Merapani on
the Assam-Nagaland border. Khandemo
Kiran, who was riding pillion, was killed
on the spot. His friend, Lilamo Lotha, was
seriously injured and rushed to hospital.
Although the CRPF personnel claimed
that the youth were shot at when they did
not heed to their signal to stop at a check-
point,1 a spot verification conducted by a
High Level Nagaland Official team and
statements of eyewitnesses revealed that
the security forces opened fire without
warning. The deceased and his friend had
come from Bhandari to repair their bike in
a workshop at Merapani Seed Farm
Junction, just 400 feets away from the
61st CRPF camp at ‘D’ Sector. After
repairing their bike, the duo tested it by
riding about 200 feets towards the gate of
the 61 CRPF. When they made a “U- turn”
to return to the workshop to pay for the
repairing charge, a CRPF personnel
identified as Havildar Manowar Ram
Kumar standing at the road side fired
randomly at the two, killing Khandemo
Kiran on the spot. Even the workshop
184
Nagaland
owner testified that the killing was of
extrajudicial nature. The Nagaland Police
further alleged that the CPRF jawans had
washed away the bloodstain before they
reached at the scene.2
On 2 October 2004 morning, at least
35 persons died and over 100 were injured
in two simultaneous bomb blasts by
alleged non-Naga armed opposition
groups at a railway station and nearby
Hongkong Market in Dimapur, Nagaland.
The platform was crowded with people,
including school children, waiting to board
the train to Bokajan in Assam’s Karbi
Anglong district, when the bomb planted
near the entrance went off.3
There have been reports of killings in
the rivalry amongst different factions of
the Naga armed opposition groups.
On 27 May 2004, unidentified
gunmen shot at a well-known Civil
Hospital surgeon Dr Maong- wati Aier in
the hospital premises in Dimapur in broad
daylight.4
On 18 October 2004, hundreds of
students from various educational
institutions protested at Phek against
targeting educational institutions and
innocent school students by cadres of both
factions of the NSCN. On 22 September
2004, a Class B student of Chokri Baptist
School in Chetheba was reportedly shot
while going to school. Another two
students of Government High School
Boys’ Hostel, Chetheba, were allegedly
physically assaulted, an elderly man was
mercilessly beaten and two school
buildings at Chesezu were damaged by
INDIA HUMAN RIGHTS REPORT 2005
firing by cadres of NSCN-IM. In a
factional clash between the cadres of
NSCN (IM) and Federal Government of
Nagaland (FGN) in Lasumi village under
the Pfutsero subdivision of the Phek
district in October 2004, several houses in
the village were destroyed.5
On 16 December 2004, unidentified
gunmen shot dead Naga Youth Movement
(NYM) president Besulhu Tetaco and
injured another member in Kohima.6
On 18 March 2004, hundreds of non-
tribals, mainly labourers and traders, were
reportedly deported from Kohima by the
district administration for not possessing
mandatory Inner Line Permits or valid
documents. Hundreds of alleged illegal
migrants were reportedly herded into a
playground. Many of these people, their
hands tied, were put on trucks and sent to
Dimapur later.7 While immigration and
violations of the ILP pose serious
problems in the Northeast, the State
Nagaland
government often fails to take appropriate
actions and abdicates its responsibility to
non-state groups. On 3 August 2004, the
Naga Students’ Federation (NSF) asked all
the “non-local” shopkeepers to shut down
their business establishments in Kohima
and keep off streets following alleged rape
of a four-year-old tribal girl by alleged
Bangladeshi labourers, who were engaged
in a Church construction, at Lerie colony
in Kohima on 29 July 2004.8
On the morning of 22 November
2004, 45-year-old Keijangpao Daimei, an
assistant teacher of Khoupum primary
school was shot dead near the eastern gate
of Chingmeirong Kabui Khul under
Heingang police station. Later a statement
purportedly issued by KK Pamei, security
commander, FGN, Zeliangrong region,
claimed responsibility for the killing. The
statement identified the dead man as
Gaichampou Pamei, and accused him of
being ‘against the nation’.9 ■
185
INDIA HUMAN RIGHTS REPORT 2005 Nagaland

186
C h a p t e r
20
Orissa

I. Overview

R
uled by the Biju Janata Dal, Orissa is close to Bihar in terms
of lawlessness. While 490 kidnapping cases were registered
in 2003, the number stood at 279 till June 2004.1 Fifty out of
the 147 Members of Legislative Assembly reportedly have cases
registered with the police while six have non-bailable warrants
against them.2
The security forces have been responsible for arbitrary arrest,
torture, custodial death, rape and extrajudicial killings.
INDIA HUMAN RIGHTS REPORT 2005
Though the State government of
Orissa and the People’s War Group (PWG)
expressed the desire to sit for dialogue, no
dialogue could be held at the end of 2004.
The talks suffered further setback when
the police arrested 18 Adivasis on 16
September 2004 near Govindapali Ghat in
Malkangiri district while they were
returning along with 70 others after
participating in a public rally in
Bhubaneswar.3
The Advasis continued to live under
the threats of forced eviction and land
alienation. They suffered from acute
poverty, disease, malnutrition and
starvation deaths. Deprived of minor forest
produce, thousands of them have been
reportedly migrating to outside of Orissa.
Poverty severely impacts upon the
indigenous peoples’ access to justice.
Duga Munda of Patadiha village in
Sundergarh district had to spend 11 years
in jail as he was too poor to pay for his bail
bond of Rs 5000 until the Orissa High
Court ordered his release on 8 November
2004.4 The Orissa government also failed
to release Justice P K Misra Commission
of Inquiry Report into the killing of three
Adivasis in police firing on 16 December
2000 at Kashipur. They were protesting
against the appropriation of their lands for
Utkal Alumina’s bauxite mine and
refinery, promoted by the Aditya Birla
Group and Canadian mining giant Alcan.
The report was reportedly submitted on 17
January 2003.5
Impunity contributes to growing
atrocities against the Dalits by the upper
188
Orissa
castes. Of the 4,084 cases of atrocities
against Scheduled Castes recorded in the
State during the period of 1 March 2000
and 1 May 2004, charge-sheets have been
submitted in only 2,518 of these cases.
While five persons have been convicted of
such charges during 2000, four have been
convicted in 2001 and one each in 2002
and 2003.6
II. Atrocities by security forces
i. Arbitrary deprivation of the right to life
There have been consistent reports of
arbitrary deprivation of the right to life.
The National Human Rights Commission
registered 46 cases of custodial deaths in
Orissa in 1999-2000, 57 cases in 2000-
2001, 56 cases in 2001-2002 and 42 in
2002-2003. There were 7 deaths in police
custody in 2001-2002 against 2 cases of
death in police custody in 2000-2001.7
On 31 December 2003, Narayan
Behera of Badajorda village died under
detention in the Bit House Investigation
Room of Bikrampur Police Station in
Telcher of Angul district. He was arrested in
connection with a murder case that took
place in Joroda Panchayat. He was
reportedly found hanging from a ceiling fan
in the Bit House. While police claimed that
he had committed suicide, the deceased’s
family and villagers, however, alleged that
Narayan was hanged after being tortured to
death. The Officer-in-Charge (OC) of
Bikrampur police station, Shobha Patnaik
and Assistant Sub-Inspector of the Bit
House, Dwari Muduli were suspended
INDIA HUMAN RIGHTS REPORT 2005
following public protest.8 On 9 August
2004, the Orissa High Court directed the
Superintendent of Police of Angul to file a
report.9
On 15 September 2004, one Nandu
Badaik, a murder suspect, died in the
custody of the Biramitrapur police station
in Sundergarh district. He was picked up
along with a truck driver, Arjun Xalxo for
interrogation after the dead body of their
truck cleaner, Rama Xalxo, was recovered
on 12 September 2004. The truck cleaner
bore injuries on different parts of his body.
The police claimed that while being
interrogated at the Biramitrapur police
station, Nandu Badaik developed
uneasiness and fainted. He was
immediately rushed to a nearby private
nursing home and later shifted to a
government hospital at Rourkela, where he
succumbed to his illness.10 But according
to statements of Bimala, wife of Arjun
Xalxo alias Raju Sonani, and Raju’s
nephew, when they had gone in the night
to the police station to offer dinner, they
saw police officials severely thrashing
Nandu.11 The state government ordered a
judicial inquiry into the alleged custodial
death of Nandu.12
On 10 May 2004, the Orissa High
Court ordered a judicial inquiry by retired
High Court judge C R Pal into the
custodial death of one Pitambar Pradhan
of Bhakuda village under Balichandra
police station of Jajpur district. The
deceased’s widow, Ahalya Pradhan had
petitioned the High Court following
closure of the case by the police as suicide.
Orissa
The deceased was arrested by Mahanga
police on 29 January 2003 for his alleged
involvement in some crimes. He died in
the police custody on 30 January 2003. On
the next day i.e. 1 February 2004, the
deceased’s wife Ahalya Pradhan was
asked by the Officer-in-Charge of Salipur
and circle inspector to come to Mahanga
police station for the bail of her husband.
However, when she went there
accompanied by one Sudhir Mishra, she
found her husband dead. She alleged that
after taking her signature on a blank paper,
her husband’s body was sent for autopsy.
But instead of handing over the body to the
family after the autopsy, the police
allegedly cremated it without the family’s
prior consent.13 While police claimed that
Pitambar had committed suicide by
hanging himself with his shirt, Ahalya
alleged that her husband was tortured to
death and efforts were being made to
suppress facts. Earlier, the case had been
closed after the police, backed by post-
mortem report and forensic report,
dismissed the case as a suicide.14
ii. Arbitrary arrest, detention and
torture
Arbitrary arrest, detention and torture
of the suspects and innocent persons are
widespread in Orissa.
On 14 January 2004, the court of the
sub-divisional judicial magistrate (SDJM)
in Cuttack directed the Inspector in charge
of Lalbag police station to appear before
him to explain how a woman was arrested
in place of a male accused. As per case
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INDIA HUMAN RIGHTS REPORT 2005
records, an arrest warrant was pending
against an 18-year-old youth Papi
Gochhayat. However, Lalbag police
arrested the 35-year-old wife of one
Sukadev Gochhayat, bearing the same
name with the accused, and produced her
before the court. The SDJM court also
directed the authorities concerned to
immediately release the innocent woman.15
On 17 January 2004, Tusharkanta
Acharya was picked up and allegedly
subjected to torture by the police personnel
of the Laxmisagar police station in
Bhubaneswar. He was subsequently
detained for several days without being
produced in the court and mercilessly
beaten up in lock-up. Following a petition
by the victim’s wife Snehanjali Acharya,
in May 2004 the Orissa High Court
directed the chief judicial magistrate,
Khurda to investigate the alleged torture.16
On 16 June 2004, Prakash Sahu of
Narendrapur village under Sarankul police
station limits in Nayagarh district was
picked up by the police after they allegedly
caught him red handed while playing
satta, gambling, with some locals inside
the Jhadeswari Temple premises. In the
police station Sahu was allegedly brutally
beaten up by the policemen. He had to be
rushed to the SCB Medical College and
Hospital, Cuttack in critical condition.17
III. Violence against women
There has been sharp increase of
violence against women in Orissa. The
white paper published by the State Home
Department reported a sharp increase of
190
Orissa
incidents of atrocities on women in 2003.
The white paper stated that there has been
an increase of 4.9 per cent in rape - 725
rape cases were recorded in 2003
compared to 691 in 2002. 420 cases of
dowry related deaths were reported in
2003, compared to 418 in the previous
year. A total 1240 dowry related torture
cares were reported in 2003 compared to
1040 in 2002.18
The law enforcement personnel were
also responsible for alleged rape.
On the night of 6 June 2004, a
woman was allegedly gang raped by three
policemen at the premises of the Bank of
Baroda at Buxi Bazar under Cantonment
police station limits. The victim was
waiting for a rickshaw near the Bhartia
Towers at Badambadi Bus Stand at
around 8 pm to go to her brother’s house
when two policemen offered her a lift,
assuring to take her to her brother’s
house. But the policemen took her to the
Bank of Baroda premises, where another
three policemen appeared. The policemen
allegedly watched pornographic films,
forced her to drink liquor, and raped her
for six hours from 9 p.m. to 3 a.m. She
was also allegedly beaten up and forced
to indulge in unnatural sex. At about 3
a.m. they released her from the bank
premises by offering her some money
while threatening her with dire
consequences if she spoke to any one
about the incident. She escaped to her
relative’s house at Kantilo village in
Nayagarh district, from where the police
recovered her on 23 June 2004, and sent
INDIA HUMAN RIGHTS REPORT 2005
her to the SCB Medical College and
Hospital for medical examination.19 The
woman alleged before the investigating
officers that though she approached the
Cantonment police station in Cuttack
twice, her case was not registered by the
officer-in-charge.20 On 22 June 2004, five
Armed Police Reserve personnel
identified as Havildar Sk. J. Sajjedin,
constable no. 1196 Kailash Kandi,
constable no.1845 Pratap Sahoo,
constable no. 1676 Ashok Mallick and
constable no. 236 Krushna Chandra
Behera were arrested.21 However, the
victim failed to identify the accused in a
test identification parade at the Choudwar
Circle Jail, Choudwar on 26 June 2004. It
was reported that police made attempt to
hush up the case and might have
threatened the victim.22 On 7 July 2004,
the court of the additional district and
sessions judge rejected the bail petition of
the five police personnel.23
In October 2004, Nayapalli police
arrested one Karunakar Jena, a CRPF
jawan on charges of abducting and raping
a 15-year-old minor girl. The accused had
abducted the girl while shopping from a
market in Kolkata and took her to
Bhubaneswar. He allegedly raped her
continuously. However, the girl managed
to escape and informed her parents. Acting
on the complaints lodged by the parents,
police arrested Jena.24
On 25 October 2004, Pratima Biswal,
an alleged AIDS patient was allegedly
burnt to death by her in-laws at
Tentuliapada under Kodala police station
Orissa
limits in Ganjam district. According to
reports, Biswal had lost her husband about
one and half years back. She lost both her
children soon after in quick succession.
The death of her husband and the two
children gave rise to suspicion among the
villagers that they were all victims of
AIDS. When Biswal returned to her in-
law’s house on 24 October 2004, she was
allegedly burnt inside the house.25
IV. Atrocities against the Dalits
Impunity against atrocities on the
Dalits by the upper castes has been
responsible for increasing violence. Of the
4,084 cases of atrocities against Scheduled
Castes recorded in the Orissa from 1
March 2000 to 1 May 2004, charge-sheets
have been submitted in only 2,518 of these
cases. While five persons were convicted
in 2000, four were convicted in 2001 and
one each in 2002 and 2003.26
The State government also refused to
implement the scale of relief payable to
the Scheduled Castes and Scheduled
Tribes victims as prescribed in the SC &
ST (Prevention of Atrocities) Act, 1989.
On 27 February 2004, the State
government increased compensation to a
Dalit victim of atrocities following suo
motu intervention of the NHRC in April
2001. The victim was beaten up and fined
Rs.4,000/- by the upper caste people at
Ganda Turum village in Bhaden block for
entering their prayer meeting. The NHRC
reportedly found out that although a case
had been registered against the accused,
the state government had sanctioned a
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INDIA HUMAN RIGHTS REPORT 2005
compensation of only Rs 1,000 in
accordance with the compensation
prescribed under a state government
resolution adopted in 1985. The NHRC
directed the State Government to take
appropriate remedial measures under the
relevant provision of SC & ST
(Prevention of Atrocities) Act, 1989. In
July 2003, Orissa government admitted
that the scale of relief prescribed under
the ST/SC (Prevention of Atrocities)
Rules 1995 had not been implemented in
the state so far. The state government on
27 February 2004 declared to pay Rs
5,250 more to the victim as
compensation.27
In July 2004, an ashram built by the
Dalits at Badaya village under Aul Block
in Kendrapara district was demolished by
officials from the Revenue Department
allegedly in connivance with the upper
caste people. The Dalits in protest urged
the District Magistrate to allow them to
change their religious faith under the
Orissa Freedom of Religion Act.28
In September 2004, NHRC issued a
notice to the Kendrapada district
administration in connection with the
assault of family members of Alekh
Behera, a Dalit, by a group of upper caste
villagers at Pahana village under Patkura
police station limits in Kendrapada
district. The upper caste villagers also
allegedly forcefully drove away other
Dalit villagers from their houses. When
the district administration allegedly failed
to give protection, the ostracized Dalit
families approached NHRC.29
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Orissa
V. Atrocities against the Adivasis
The Adivasis, indigenous peoples,
face discrimination, eviction, extensive
land alienation and displacement due to
development projects which do not benefit
them but destroy their cultural identities.
Adivasi inhabited areas are known for
famine, and every year thousands of
indigenous peoples from Orissa reportedly
migrate to other parts of the country
especially Mumbai, Hyderabad, Surat and
Assam in search of livelihood. From
March to May 2004, more than 8,000
indigenous peoples from Paralakhemundi
district, 2,500 tribals from Gumma block
reportedly left for Mumbai.30
Denial of access to minor forest
produce has left thousands of Adivasis
without any means of livelihood. Forest
officials have filed thousands of
complaints against indigenous peoples for
collecting minor forest produce. On 11
October 2004, the State government
reportedly directed the Forest Department
to withdraw all 11,424 minor cases
involving forest produce of less than Rs
100. Indigenous peoples are often harassed
in petty forest offences while the timber
mafia continues its business with virtual
impunity.31
Poverty severely impacts access to
justice by indigenous peoples. Duga
Munda of Patadiha village in Sundergarh
district had to spend 11 years in jail as he
was too poor to pay for his bail bond of Rs
5,000 until the Orissa High Court ordered
his release on 8 November 2004. He was
arrested in October 1991 in connection
INDIA HUMAN RIGHTS REPORT 2005
with the murder of his brother. However,
the district and sessions judge of
Sundergarh acquitted him in the case in
1992 because of the lack of evidence. The
state government had challenged the lower
court’s order in the High Court. He was re-
arrested in 1993 following a high court
order. While ordering his re-arrest the high
court however had directed that the
accused might be released on bail bond of
Rs. 5,000 and two sureties. But he failed to
arrange any. His plight came to light in
August 2004 when he wrote a letter to the
Chief Justice of the High Court explaining
his ordeal.32
Displacement by development
projects continues to play havoc with
indigenous peoples. In January 2004, the
Orissa High Court reportedly stayed the
acquisition of tribal lands by Jindal Steel
Company in Deojhar village of Keonjhar
district. The court also served show cause
notice on the state government. A writ
petition filed by 77 Adivasi people
including one Phutakar Munda alleged
that the company illegally acquired lands
in tribal populated Sialijoda and Ketabeda
villages of Deojhar. Large portion of about
244.68 acres of lands already acquired by
the company include cultivable lands,
grazing field and forestlands.33
On 1 February 2004, officials of the
Sterlite India Limited with help of local
police evicted about 35 families from
Kinari under Belamba of Kalahandi
district. They were asked to pack their
belongings and kept in the rehabilitation
colony constructed on the slope of a hill by
Orissa
the company and bulldozed the entire
Kinari village. The Advasis from
Kapaguda, Belamba, Turiguda,
Sindhbahali, Boringpadar and Basantapada
villages have been opposing the
establishment by the Sterlite Company.34
The indigenous peoples of Kashipur
block, Rayagada district have been facing
atrocities from the security forces for
protesting the forcible takeover of their
lands for Utkal Alumina’s bauxite mine
and refinery, promoted by the Aditya
Birla Group and Canadian mining giant
Alcan. On 20 September 2004, a Chief
Minister’s office release stated that the
compensation per acre of unirrigated
upland has been enhanced from Rs
21,000 to Rs 1 lakh, while for paddy land
it has been increased from Rs 50,000 to
Rs 1.5 lakh. The upgraded compensation
for homestead land stood at Rs 8 lakh per
acre against the earlier rate of Rs 71,000.
The package has been allegedly formally
approved in the Zilla Parishad and the
Gram Sabhas of three villages -
Ramibeda, Kendukhunti and D’Koral,
from where people would be displaced.35
However, indigenous peoples continued
their protests. On 25 November 2004,
Orissa Chief Minister Naveen Patnaik
was quoted as saying that anti-mining
struggles would be firmly dealt with. On
1 December 2004, a peaceful gathering of
about 300 Adivasis and dalit residents,
predominantly women, was lathicharged
and all entry into and exit from the
Kashipur villages was temporarily
banned.36 The government has also failed
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INDIA HUMAN RIGHTS REPORT 2005
to release Justice P K Misra Commission
of Inquiry Report into the killing of three
Adivasis in police firing on 16 December
2000 at Kashipur. The commission had
submitted its report to the government on
17 January 2003.37
The indigenous peoples living in
Similipal Wildlife Sanctuary in
Mayurbhanj district have been facing the
threat of forcible eviction from the
sanctuary forests. On 1 August 2004, a
clash broke out between the indigenous
villagers of Joranda village in Mayurbhanj
district and the forest officials who had
gone there to destroy the paddy crops
cultivated by indigenous peoples.38
On 3 December 2004, hundreds of
indigenous men and women launched a
demonstration outside the Orissa
Assembly demanding their right to the
forestland and the allotment of pattas for
the land under their occupation in the
forest-covered areas of the state. The
indigenous peoples accused the State
government of launching the eviction
drive without conducting a proper survey
to distinguish genuine occupants of
forestland from the encroachers.39
Indigenous peoples also remain
disproportionate victims of starvation
deaths. Between 11 June 2004 and 1 July
2004, 10 (ten) tribal children, aged 2 to 5
years, allegedly died of malnutrition at
Dongiriguda village under Jharigaon block
of Nawrangpur district. The victims had
also been suffering from diarrhoea and
fever but had no access to medical
facilities. The nearest community health
194
Orissa
centre at Jharigaon was 30 km away.
However, Nawrangpur District Collector,
Arabinda Kumar denied that the deaths
were due to starvation.40
On 23 October 2004, one Nupura
Majhi of Mahagaon village under
Sinapalli block of Nuapada district
reportedly died due to starvation.41
Taking advantage of poverty,
indigenous women have been sexually
exploited by non-tribals. Thousands of
girls between 12-25 years of age are
reportedly giving birth to illegitimate kids.
According to reports, there are more than
4,000 unwed mothers in different parts of
rural Orissa, most of whom are destitute.
While some have become scavengers,
others have ended up in mental asylums.
All the unwed tribal mothers have the
same story.42
In January 2004, an 8-year-old tribal
girl of Cuttack was found in a precarious
condition by the Officer-in-Charge of
Jagatpur police station. She was allegedly
raped and subjected to inhuman torture by
one Susant Naik who was later arrested by
the police. On the direction of the Orissa
State Human Rights Commission, the state
government reportedly paid Rs 25,000 as
compensation to the victim.43
VI. Atrocities by the armed
opposition groups
Though the People’s War Group and
the State government of Orissa expressed
the desire to sit for dialogue, no dialogue
could be held by 2004. While PWG
insisted on declaration of cease-fire, the
INDIA HUMAN RIGHTS REPORT 2005
State government insisted on talks sans
conditions.44 The talks suffered further
setback when on 16 September 2004,
Orissa police detained 18 Adivasis near
Govindapali Ghat in Malkangiri district
while they were returning along with 70
others in six vehicles from a public
meeting held in Bhubaneswar.45 The
Police claimed that they have arrested as
many as 267 Naxalites and their
supporters by June 2004.46
The Naxalites have been responsible
for violation of humanitarian laws.
On the night of 24 April 2004, the Kui
Shanti Sena leader, Daku Majhi was
reportedly killed by suspected Naxalites of
the People’s War Group. Daku Majhi and
his two brothers, Bandaka and Lunduka,
were traveling on a motorcycle in
Muniguda forest when heavily armed
Orissa
alleged PWG cadres attacked them. While
Daku was killed, his brothers managed to
escape with bullet injuries. Daku’s body
with a slit throat and numerous bullet
injuries was recovered by police from
Muniguda forest, about five km from
Chandrapur.47
On 11 December 2004, Tula Madkani,
a Class X student of MV-61 High School
in Krati village under Padiabeda police
station limits in Malkangiri district was
abducted by the Naxalites. Madkani had
allegedly earlier agreed to join the Naxal
camps but later he changed his mind. He
ignored the call by the Naxals to join them
during the observation of martyrs’ day. On
11 December 2004 when Tula was getting
ready to go for tuition, a group of armed
Naxalites came to his house and forcibly
took him away.48 ■
195
INDIA HUMAN RIGHTS REPORT 2005 Orissa

196
C h a p t e r
21
Punjab

I. Overview

R
uled by the Indian National Congress, Punjab continued to
suffer from impunity for human rights violations
institutionalised during the counter insurgency operations in
1980s and early 1990s. Although on 11 November 2004, National
Human Rights Commission ordered the Punjab Government to pay
compensation of Rs 2.72 crores to the kin of 109 persons who had
died in custody of the police during the insurgency, the NHRC
declined to bring in its ambit all the “police killings” for inquiry and
INDIA HUMAN RIGHTS REPORT 2005
making public various reports of inquiries
by Central Bureau of Investigation
regarding 2,097 cases referred to it by the
Supreme Court for deciding the
compensation aspect.1 The perpetrators
responsible for disappearance of human
rights activist, Jaswant Singh Kalra
remained at large.
Although, Punjab has not been facing
an internal armed conflict at present,
Punjab Police personnel were responsible
for gross and widespread human rights
violations including arbitrary deprivation
of the right to life, enforced disappearance,
arbitrary detention, torture etc.
Punjab continued to witness large
number of custodial deaths - both in
judicial and police custody as a result of
torture. The Punjab State Human Rights
Commission (PSHRC) registered 87 cases
of custodial deaths from 1 January to 30
November 2004.2 On 10 June 2004, Jaspal
Singh, a farmer of border village Dhunna
in Amritsar district was killed at Kalra
Police station of Tarn Taran district.3
Torture is endemic and a part of the
administration of justice. The Punjab
Police and the Punjab Vigilance Bureau
personnel allegedly harassed the family
members of Jaskaran Singh, whose
petition in the Punjab and Haryana High
Court led to the quashing of illegal
selection of seven Deputy Superintendent
of Police (DSP), including sons of the
Chief Minister’s media advisor B I S
Chahal and Ferozepur Senior
Superintendent of Police (SSP) Harinder
Singh Chahal, on 15 October 2004.4
198
Punjab
Earlier on 8 October 2004, the Vigilance
Department registered a false case at
Ferozepur, accusing Kheta Singh, the 68-
year-old father and a brother of Jaskaran
Singh of helping a woman get old-age
pension of Rs 200 a month though her
husband allegedly owned eight acres land.
Vigilance department arrested both and
detained them illegally for 10 days.5 The
only action taken by the state government
was the transfer of Ferozepur Vigilance
SP, Inderjit Singh Randhawa on 25
October 2004. This is despite the fact that
Chief Minister Amarinder Singh himself
regretted the arrest of Kheta Singh.6
Prisons in Punjab have virtually
turned into chambers of torture. Undertrial
Rocky of Amritsar Central Security Jail
was tattooed “Yeh Chor Hai” (this one is a
thief) on the night of 30 June 2004 for
demanding food according to the jail
manual. A deputy Superintendent and a jail
doctor of Jalandar Central Jail inscribed
“choorraa”7 (lower caste) on the back of
another under-trial and a Dalit, Malkiat
Singh on the night of 2 July 2004 for
demanding medical treatment. Relatives of
ailing inmates needed to bribe the medical
staff of the jails to get their kin referred to
civil hospital for proper medical
treatment.8
Women continued to face violence.
Rano of Bhattian village in Patiala district
allegedly became a victim of “honour
killings” for eloping with a boy from
another community.9 The family members,
especially women of the migrant workers,
faced sexual assault and harassment.
INDIA HUMAN RIGHTS REPORT 2005
The Dalits faced all forms of
discrimination from the denial of
minimum wages to the denial of entry into
temples, land grabbing and killings at the
hands of the upper castes. Often police
personnel are involved in the atrocities. On
3 August 2004, two Dalits identified as
Gurjant Singh and Harminder Singh were
killed and 15 others were injured when a
group of landlords opened indiscriminate
firing on a basti (settlement) of the Dalits
at Kamalpur village near Dirba in Sangrur
district following a quarrel among the
children of the Dalits and the landlords.10
Children also faced illegal detention
and torture both at the hands of the police
and the school teachers who routinely
award corporal punishment.11 Three minor
children - Sonia (13), Suman (12) and
Gagandeep (10), grandchildren of Atam
Prakash of Raikot in Ludhiana district
were allegedly detained illegally and
treated inhumanly at Chheharta police
station in Amritsar on 5 and 6 July 2004.
Subsequent inquiries by the police found
the allegations to be true.
II. Human rights violations by law
enforcement personnel
i. Past crimes: Disappearances
On 11 November 2004, National
Human Rights Commission ordered the
Punjab Government to pay compensation
of Rs 2.72 crores to the kin of 109 persons
who had died in custody of the police
during the counter insurgency operations
in the 1980s and the early 1990s. Giving
Punjab
its verdict on a batch of petitions referred
to it by the Supreme Court for deciding the
compensation issue, the NHRC said 25
victims were detected by the CBI in
Amritsar district, 54 in Majitha and 30 in
Tarn Taran.12 The NHRC however,
declined to bring in its ambit all the
“police killings” for inquiry and making
public various CBI status reports
regarding 2,097 cases referred to it by the
Supreme Court for deciding the
compensation aspect.13
The Supreme Court after examining
the report submitted by Central Bureau of
Investigation into the enforced
disappearances stated that “The report
indicates that 585 dead bodies were fully
identified, 274 partially identified and
1238 unidentified. Needless to say that the
report discloses flagrant violation of
human rights on a mass scale”.
Hundreds of victims continue to be
denied access of justice. Jagraj Singh, s/o
Mohinder Singh, a resident of Mohali, was
allegedly picked up by the police from
Mohali in Ropar district on 14 January
1995 but shown by police to have been
killed in an encounter. In a telegram
message to the High Court, Mohinder
Singh had complained about the killing of
his son, on the basis of which the Court
issued notice to the Punjab police. But the
authorities denied the allegations.
Subsequently, the High Court had handed
over the matter to the CBI and a case of
kidnapping was registered. The CBI had
filed an untraced report, saying the
deceased was not arrested but killed in an
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INDIA HUMAN RIGHTS REPORT 2005
encounter with the police. However,
Patiala’s Special Judge rejected the CBI
report on 9 April 2003.14
Impunity is rampant. The perpetrators
responsible for the disappearance of
Jaswant Singh Kalra, who disappeared
while investigating into the
disappearances are yet to be punished.15
ii. Arbitrary deprivation of the right to
life
Punjab witnessed large number of
arbitrary, summary and extrajudicial
executions. The Punjab State Human
Rights Commission recorded 87 cases of
custodial deaths between 1st January and
30 November 2004. Of these only 32 cases
have been disposed off by the
Commission. In 2003, 92 custodial death
cases were reported to the PSHRC.16 The
NHRC had registered 53 cases of custodial
deaths in 1999-2000, 61 cases in 2000-
2001, 77 cases in 2001-2002 and 74 cases
in 2002-2003.17
On the evening of 18 January 2004,
Harvinder Singh, a resident of Kalabula
village in Sangrur district reportedly died
in the custody of Sherpur police station
after he was summoned there for
interrogations about a Maruti car whose
engine number and chassis number were
different from the numbers mentioned in
registration book. He was rushed to the
Sherpur Hospital from where he was
referred to Dhuri Hospital. He was
declared “brought dead” at Dhuri hospital.
The police claimed that the victim
suddenly fell unconscious during
200
Punjab
interrogations. But, the residents alleged
that the deceased was tortured to death.
The SHO Kulwinder Singh was suspended
and a case of murder was registered
against him and other guilty police
officials.18 On 18 February 2004, Punjab
police reportedly arrested SHO Kulwinder
Singh and constable Sohan Singh.19
On 21 April 2004, a truck driver Jasbir
Singh died in the civil hospital after being
allegedly beaten up by some police
officials while in custody at the division
number 8 police station near Lamba Pind
chowk in Jalandhar on 19 April 2004. The
villagers alleged that he was tortured to
death.20 A magisterial inquiry was ordered
into the killing.21
On 4 May 2004, Harjit Singh, a
resident of Kalanaur in Gurdaspur district,
was reportedly picked up from his home in
the presence of his wife Surinder Kaur for
interrogation in connection with a vehicle
theft case. Surinder Kaur alleged that three
days later, she along with her brother saw
her husband lying on the floor in the police
lock-up in a critical condition. Later, she
learnt about her husband’s death in
Government Guru Nanak Hospital,
Amritsar.22
On 7 June 2004, Rakesh Kumar of
Rakran Dhahan village reportedly died in
police custody of the Balachaur Police
Station under Nawanshahr district. Police
claimed that he had committed suicide by
hanging himself from a low-lying tap in
the police station bathroom with his
pyjamas. While a police officer insisted on
the use of pyjamas, another police official
INDIA HUMAN RIGHTS REPORT 2005
said it was trousers. In his preliminary
report of inquiry into the death of the
deceased, Balachaur Sub Divisional
Magistrate A.S. Sahi reportedly stated that
the police theory of suicide by the victim
cannot be believed and that circumstantial
evidence had pointed out that Rakesh
Kumar did not commit suicide.23 On 7 June
2004, Kewal Krishan, a resident of
Balachaur township in Nawnshahr district
was killed in police firing on the innocent
people who were protesting against the
custodial killing of Rakesh Kumar.
Another resident, Rajesh also sustained a
bullet injury in the shoulder.24
On 10 June 2004, Jaspal Singh, a
farmer of border village Dhunna in
Amritsar district was killed at Khalra
Police station under Tarn Taran district.
Charanjit Bittu, Brahm Dutt and his son
had allegedly forcibly taken Jagtar Singh,
elder brother of the deceased, to the Khalra
police station in connivance with the
police and detained him. They also forced
Jaspal Singh to appear before the Station
House Officer through village elders. Bittu
allegedly humiliated and intimidated
Jaspal Singh and his family members, who
owed money to Brahm Dutt. Sub
Divisional Magistrate of Patti, S.K.
Shabbarwal was reportedly directed to
conduct a magisterial inquiry into the
death.25 Buta Singh, the SHO and Brahm
Dutt, his son and Charanjit Bittu were
reportedly booked under sections 306,
506, 342 and 34 of the Indian Penal Code
for allegedly ‘killing’ Jaspal Singh. On 11
June 2004, an ASI, Surjit Singh was
Punjab
arrested in the same case.26
On 8 October 2004, Amrik Singh of
Punnawal village was killed in the custody
of the Sadar police station in Dhuri in
Sangrur district. In a representation
submitted to the Inspector-General of
Police, Darshan Singh, brother of the
deceased, alleged that the deceased died
after being beaten up by Kulwant Singh, a
resident of Punnawal village in the
presence of the SHO. The assailant
allegedly wanted to take possession of the
deceased’s land.27
On 14 December 2004, 74-year-old
Tara Singh, a resident of Gorkha village
near Tarn Taran in Amritsar district died at
Guru Ram Das Hospital while in police
custody of Tarn Taran city police. He was
arrested along with his wife Bhajan Kaur
and son Malkiat Singh in connection with
alleged poisoning of their daughter-in-law
Paramjit Kaur on 9 December 2004.28
Many are also killed in indiscriminate
firing by the police.
On 29 March 2004, Angrej Singh, a
resident of the village Basipur, near Tarn
Taran was killed and 150 others, including
24 women, were injured in a police firing
on the protesting farmers at Manawala
Railway station in Amritsar district.29 On 7
April 2004, the Judicial Accountability
and Human Rights Promotion
Organisation alleged that the authorities
instead of booking responsible police
officials for the killing of the farmer,
registered cases against many persons
including a 12-year-old boy, who were
subsequently detained.30
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INDIA HUMAN RIGHTS REPORT 2005
iii. Arbitrary arrest, detention and
torture
Illegal detention and torture to extract
confession and to settle personal enmity
were widely reported from Punjab.
On 5 February 2004, Senior
Superintendent of Police, Gurdaspur R P S
Brar reportedly suspended ASI Parminder
Singh and constable Hardeep Kumar
posted at Tugalwal police post under
Kahnuwan police station in Gurdaspur
district following complaints of illegal
detention and brutal torture of Surjeet
Singh and Sandeep Kumar. The two
policemen had allegedly picked up the two
youth when they were returning to their
village without any reason and subjected
them to merciless beating in the police
station. Marks of injuries were reported to
be visible on their bodies.31
On 25 March 2004, Balwinder Singh
of Chamkaur Sahib and Ajit Singh of a
village near Khanna in Ropar district were
arrested and detained at Chamkaur Sahib
police station in connection with a case of
theft and robbery. Medical examinations
conducted on the direction of the court of
Additional Chief Judicial Magistrate
confirmed torture in police custody. Their
bodies bore injury marks. They were also
reportedly given electric shocks. The
doctor referred them to an ENT expert as
they complained of impaired hearing due
to the shocks.32
On the night of 25 April 2004, Inderjit
Singh of Bhail Dhaiwala village in
Amritsar district was allegedly picked up
from his house by a police party of Sadar
202
Punjab
police station led by SHO Naurang Singh.
They were enquiring about the
whereabouts of his brother Jatinderpal
Singh who had allegedly kidnapped a girl
and married her. Inderjit Singh alleged that
police detained him illegally for four days
during which the SHO and other
policemen subjected him to third degree
torture and humiliation, sometimes in the
presence of the brother and the father of
the girl. The policemen also allegedly
forced him to eat excreta.33
The Punjab Police reportedly picked
up a Nepalese national in June 2004 in
connection with a theft case allegedly
committed by his son and two others in a
house near Lawrence Road in Amritsar. He
was kept in chain for three days in illegal
custody at the Lawrence Road police
chowki. Later the incident came into light
following the intervention of Laxmi Kanta
Chawla, Punjab State vice-president of the
BJP who was allegedly booked in a
fabricated case of possessing liquor and
was lodged at Amritsar Central Jail.34 Head
Constable Kulwant Singh and constables
Balwinder Singh, Ishwar Lal and Sanjeev
Kumar were suspended after an inquiry
conducted by the Deputy Superintendent
of Police founded them guilty. The inquiry
was ordered at the instance of the Union
Ministry of Home Affairs after the
Government of Nepal complained about
the incident.35
Harjit Singh Happy, a driver from
Bool village near Dehlon in Ludhiana
district was reportedly picked up by the
police on 6 July 2004 for questioning in a
INDIA HUMAN RIGHTS REPORT 2005
theft case. The personnel of the Criminal
Investigation Agency, Jagraon to whom he
was handed over allegedly beat him up
brutally and gave electric shocks on his
private parts for two days to extract
information from him. He fell unconscious
and had to be treated at Mohan Dai Cancer
Hospital in Ludhiana on 8 July 2004.
According to the hospital doctors, Harjit
complained of police torture at the time of
his admission and required consultations
of a surgeon, an orthopedist and an MD.36
In early August 2004, Jaswant Singh
of Deep Singh Wala village in Faridkot
district was admitted to surgery ward No 3
of Guru Gobind Singh Medical College
Hospital, Faridkot after alleged police
torture. There were visible marks of injury
on his thighs. Kotkapura SHO, Nachhatar
Singh allegedly subjected him to third
degree torture, including electric shocks
during ‘illegal’ custody till the police
station was raided by a High Court’s
warrant officer who rescued him.37
The Punjab Governor and
Administrator of Union Territory of
Chandigarh, Justice O.P. Verma ordered
the Inspector General of Police, Punjab to
inquire into the beating of one Amit Suri
and his parents by the Chandigarh Police
on 10 August 2004.38
In a complaint to the Punjab State
Human Rights Commission in August
2004, Nishan Singh, an accused in a
murder case, alleged that Station House
Officer (SHO) of Fatehgarh Panjtoor
police station, Ranjeet Singh Sotha used
third degree torture upon him during
Punjab
“illegal” custody for eight days. Soon after
his arrest the SHO allegedly undressed
him and blackened his face with the aid of
other policemen. The SHO then tied him
to a tree in the premises of the police
station and thrashed him brutally. The
SHO allegedly made him sit on the bonnet
of a jeep, garlanded him with shoes, and
took him around the village and
humiliated him in front of villagers. A
bottle of beer was also inserted in the
private parts of the accused with the help
of other policemen.39
On 30 July 2004, Sudershan Mittal, a
Municipal Councilor of Samana in Patiala
district, was reportedly picked up from his
shop by a police party led by SHO, Rajesh
Chhiber and took him to the Samana
police station where the Samana Deputy
Superintendent of Police was also present.
As his supporters started gathering in front
of the Samana police station, Mittal was
whisked away to the Badshahpur police
chowki in the sub-division, where he was
allegedly stripped naked and meted out
third degree methods. His signature was
forcibly taken on blank sheets of paper.
The victim alleged that the SHO and the
DSP had a grudge against him since he had
appeared as a witness in a complaint filed
before the PSHRC against them.40
In mid-September 2004, Gurcharan
Singh of Gorsian Khanna Mohammad in
Ludhiana district was allegedly beaten up
by the police officials of the Bhundri
police station, where he went to lodge a
complaint against a tractor driver whose
vehicle collided with his jeep. The victim
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INDIA HUMAN RIGHTS REPORT 2005
alleged that the police forced a
compromise and immediately thereafter
beat him up in drunken condition. He had
to be admitted in the Civil Hospital,
Jagraon.41
The police and the Punjab Vigilance
Bureau personnel allegedly harassed the
family members of Jaskaran Singh, whose
petition in the Punjab and Haryana High
Court led to the quashing of illegal
selection of seven Deputy Superintendent
of Police, including sons of the Chief
Minister’s media advisor B I S Chahal and
Ferozepur Senior Superintendent of Police
Harinder Singh Chahal on 15 October
2004.42 Ever since Jaskaran’s filed the
petition with the Punjab and Haryana High
Court, police started harassing his elderly
parents and younger brother Balkaran
Singh in Bhagsar village of Muktsar. On 8
October 2004, the Vigilance department
registered a false case at Ferozepur,
accusing Kheta Singh, the 68-year-old
father of Jaskaran Singh and brother, of
helping a woman get old-age pension of
Rs 200 a month though her husband
allegedly owned eight acres land.
Vigilance department arrested both and
detained them illegally for 10 days.43 The
only punishment given by the Punjab
government against such harassment and
illegal detention was transfer of Ferozepur
Vigilance Superintendent of Police,
Inderjit Singh Randhawa. This is despite
that even Chief Minister Amarinder Singh
himself regretted the arrest of Kheta
Singh.44
A hotel owner, Mukesh Nayyar of
204
Punjab
Ludhiana was allegedly picked up from
his hotel by the Kotwali police at 12 noon
on 4 December 2004, and detained
illegally for more than 13 hours for his
alleged reluctance to repay borrowed
money. Following intervention by his
family, he was released after midnight. He
was allegedly humiliated and tortured by
the police. After coming back from the
police station he reportedly developed
chest pain and had to be hospitalized in the
Intensive Cardiac Care Unit of a hospital 45
iv. Prison conditions
The prison conditions remained
deplorable and the rights of the prisoners
continued to be violated.
Relatives of ailing inmates needed to
bribe the medical staff of the jails to get
their kin referred to civil hospital for
proper medical treatment. On January
2004, the Vigilance Bureau had caught a
policeman Dheeraj Kumar while accepting
bribe of Rs 3000 from a relative of an
undertrial on behalf of Dr David of the
Jallandhar Central Jail. The Vigilance
Bureau seized official records of the jail
hospital and conducted raids to nab the
absconding medical officer. Undertrials
were allegedly referred to the local Civil
Hospital for better treatment only if the
officials were bribed.46
Deputy Superintendent of the
Amritsar Central Jail Sardool Singh,
police head constables- Sukhwinder
Singh, Mahinder Singh, Gurdeep Singh
and constables- Chanchal Singh, Harjinder
Singh and Sham Singh were reportedly
INDIA HUMAN RIGHTS REPORT 2005
booked under Sections 304 and 120-B of
the Indian Penal Code after an inquiry by
Sub-Divisional Magistrate of Ajnala found
them responsible for the unnatural death of
an undertrial, Lambardar Darshan Singh,
resident of Khanowal village on 11 March
2004. The deceased was reportedly lodged
in the jail in a fraud case on 7 March
2004.47
On the night of 27 June 2004, Sucha
Singh, a resident of Mahilpur in
Hoshiarpur district, allegedly died under
mysterious circumstances in the premises
of Jalandhar Central Jail. The jail
authorities claimed that Sucha Singh died
on the way to the hospital following
complaint of pain in his heart. The mother
of the deceased, Ms Satto, however,
refuted the claim saying her son was
physically fit when she met him on 23
June 2004. A magisterial probe was
ordered into the incident.48
On the morning of 30 July 2004, Kala
Singh, a convict in a rape case, allegedly
died under mysterious circumstances at
Bathinda central jail. The jail
superintendent claimed that Kala Singh
was suffering from tuberculosis and
remained hospitalized from 5 July 2004 to
14 July 2004 for treatment. Suddenly his
condition deteriorated on the morning of
July 30 and died while being shifted to the
Bathinda civil hospital. The doctors of the
emergency ward declared him brought
dead.49
Harbhajan Singh, a resident of Burj
Dunna village in Moga district, who was
lodged in the Moga jail three days earlier
Punjab
in connection with a theft case, reportedly
died of illness on 12 August 2004. The jail
and civil hospital staff were allegedly at
loggerheads over the place where the
inmate died. While the hospital staff
claimed that he was brought dead to the
hospital, the jail staff maintained that he
was alive when they admitted him to the
hospital and he died about 30 to 45
minutes later. There was also a
controversy over the inmate’s post mortem
as his body was reportedly referred to
Faridkot, another district despite the fact
that all facilities were available in Moga
for the same,50 raising suspicion of foul
play.
On the night of 30 June 2004, the
Deputy Jail Superintendent of Amritsar
Central Security Jail along with some
other employees allegedly tattooed “Yeh
Chor Hai” on the back of Rocky, an
undertrial, by using a hot iron rod. Rocky
had demanded facilities like clean
drinking water and food be provided to
him as per the jail manual. While some of
the jail officials forcibly held and made
him lie on the ground, another sat on his
back and caught Rocky by his hair and
mouth. Unable to bear the excruciating
pain, he fainted. A team of doctors from
Amritsar Civil Hospital who conducted
the medical examination on Rocky
pursuant to a direction of the Chief
Judicial Magistrate confirmed that “Yeh
chor hai” marked on the back of Rocky
was branded with hot iron rod.51
Malkiat Singh, a Dalit undertrial
accused in a case of attempt to murder,
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INDIA HUMAN RIGHTS REPORT 2005
was allegedly brutally beaten up and
Deputy Superintendent of the Jail, Satpal
Singh and the jail doctor Chander Shekhar,
inscribed “choorraa’’52 (lower caste) on
his back with the help of some surgical
instrument at Jalandar Central Jail on the
night of 2 July 2004. He sought some
medicine after he suffered pain in the
abdomen. The two also allegedly abused
Malkiat saying, “there are no medicines
for Scheduled Castes people.” Medical
reports reportedly also confirmed that he
had wounds on his head and lashes marks
on his body.53
III. Violence against women
Violence against women especially
the migrant women is widespread in
Punjab.
Rano, a girl belonging to the Kumhiar
caste, became an alleged victim of honour
killing at her parents’ residence in Bhattian
village in Patiala district on 9 February
2004. She was allegedly murdered by her
own family members, who did not want to
recognize her marriage after elopement
with Gurvinder Singh, a lower caste and
resident of Thakurgarh village in Patiala
district, on 30 January 2004. She returned
to her house on 7 February 2004 after her
father, a rich landlord, assured their
marriage. Two days later she died. Her
family members claimed that she died due
to excessive and uncontrollable vomiting.
Rano’s mother Mohinder Kaur claimed
that there was no time to even call a doctor.
Though none had come forward to report
the incident, the police had reportedly
206
Punjab
registered a case of murder against Rano’s
parents.54
On 5 September 2004, a large number
of migrants from Uttar Pradesh and Bihar
held a demonstration in front of the city
police station in Abohar in Ferozepur
district against police inaction in nabbing
the son of a dhaba, roadside restaurant,
owner who allegedly tried to rape the 12-
year-old daughter of Shiv Pratap Singh, a
resident of Nai Abadi locality on 3
September 2004. Family members of the
boy allegedly threatened Shiv Pratap
Singh of dire consequences if the
complaint was not withdrawn. The
migrants demanded the immediate arrest
of the accused.55
On 5 September 2004, Sarabjeet Kaur
was reportedly sold off to a middle aged
man Nihal Singh of Jandiala in Amritsar
by her in-laws for Rs 25,000. The widow,
who managed to escape from her captivity,
alleged that after her husband died in a
road accident, her mother-in-law started
harassing her saying she was a burden. On
5 September 2004, Sarabjeet’s mother in
law took her to a Gurdwara in Jalandhar,
where she intoxicated her and then
forcibly married her off to Nihal Singh.
She was then taken to Jandiala where she
was allegedly raped. Nihal Singh allegedly
even threatened to kill her one-and-a-half-
year old daughter in case she refused
sexual favours to him. She alleged that
SHO and ASI of Police Station division
No 7, Jalandhar had pressured her to
compromise with the situation on grounds
that she is a widow.56
INDIA HUMAN RIGHTS REPORT 2005
IV. Atrocities against the Dalits
Dalits faced all forms of
discrimination from denial of minimum
wages to the denial of entry to temples,
land grabbing and killings. The police
have also been responsible for abuses
against the Dalits.
On 26 January 2004, a Dalit family in
Pathankot in Gurdaspur district alleged
that police personnel of the Basroop police
post near Pathankot forcibly evicted them
from their house and axed more than 500
trees in alleged connivance with members
of a land mafia. A police party headed by
two Assistant Sub- Inspectors raided the
house at Basroop village on 13 December
2003 and forcibly took them to the police
station. The policemen abused and beat
them up. They were also allegedly forced
to remove clothes and were booked in an
alleged false case.57
On 6 February 2004, SHO of
Kathgarh police station, Paramjit Singh
reportedly picked up Kuldip Kumar, a
Scheduled Caste from his residence at
Katgarh village in Nawnshahr district of
Punjab on the basis of a complaint filed by
his brother-in-law Jeewan Pal, for
marrying Rishi Bala, an upper caste girl, in
October 2003. The SHO also allegedly
verbally abused Kuldip’s father Sakhi
Chand. In the police station, Kuldip was
beaten with lathis for two hours due to
which his left arm was fractured and his
right hand and both feet were injured. He
was released only after 35-40 residents of
the locality surrounded the police station
in protest. Rishi Bala also corroborated the
Punjab
allegations saying they have been
receiving threats of dire consequences
from Jeewan Pal and others. She
maintained that Jeewan Pal was against
their marriage although her parents and
others in Brahmin-dominated Kathgarh
village had no objection to it.58 Kuldip
allegedly became unconscious due to
beating and had to be admitted at a
hospital in Balachaur. He was later shifted
to the Civil Hospital, Balachaur.59 The
accused SHO was later booked and
arrested under Sections 323, 325, 342 and
120 B of the Indian Penal Code after an
inquiry held by Superintendent of Police
(Detective) found him guilty of illegally
detaining and torturing Kuldip.60
A 14-year-old minor Dalit girl of Aluk
Singh village in Amritsar district working
as a maid in a teacher’s house, was
allegedly abducted and raped by
Sukhwinder Singh and Manjit Singh when
she was returning to her house on 27 April
2004. The accused were reportedly
arrested under Sections 376, 506, 342, 323
and 34 of the Indian Penal Code.61
Kewal Singh, a Dalit youth and
resident of Jhaloor village under Barnala
police station in Sangrur district was
allegedly beaten to death on 6 June 2004
by his landlords - Mahinder Singh and
Paramjit Singh of Jhaloor village. Kewal’s
fault was that he defied the order of his
landlords to work in new fields in
Pharwahi village, instead of his usual duty
in Jhaloor village fields.62
On 9 June 2004, Jagir Singh, a Dalit
resident of Kuttianwali village under
207
INDIA HUMAN RIGHTS REPORT 2005
Lambi police station in Muktsar district,
was allegedly paraded in the village
market after blackening his face and
putting a garland of shoes around his neck
by Gurcharan Singh, Chinder Singh and
Jagtar Singh of the same village. He was
earlier beaten up mercilessly for refusing
to work in their farms without payment of
wages. The police arrested the accused.63
Upon his release on bail, accused
Gurcharan Singh allegedly threatened
Jagir Singh with life if he did not withdraw
the complaint and enter into a
compromise.64
At Lehri village under Talwandi Sabo
in Bathinda district, the police allegedly
forcibly evicted a Dalit family on 9 June
2004 from their house in a colony set up
under the landless labour scheme by the
government. Sarbjit Kaur, a member of the
Dalit family, alleged that some policemen
came and threw all their belongings out of
the house in absence of any male member
and then facilitated the illegal possession
of the house by some residents of the
village, reportedly close to Akali leaders of
the area. The Dalit family had to spend the
whole night in the open. The police
allegedly beat up two of her kin and later
picked them up. The police also raided the
house of a landlord at Manua Ke village,
where Buta Singh, her husband, was
working as a farm assistant. Her husband
and her father-in-law Roop Singh had to
remain in hiding fearing police
harassment.65
On 3 August 2004, two Dalits
identified as Gurjant Singh and Harminder
208
Punjab
Singh were killed and 15 other injured
when a group of landlords opened
indiscriminate firing on a basti
(settlement) of the Dalits at Kamalpur
village near Dirba in Sangrur district
following a quarrel among the children of
the Dalits and landlords. Ten persons
belonging to the landlords were arrested
on 7 August 2004. The police reportedly
recovered two rifles allegedly used in the
firing.66
On 23 November 2004, police
officials of Sujanpur allegedly detained
illegally and beat up a physically
challenged Dalit youth, Pawan Kumar of
Gosainpur village in Gurdaspur district at
the behest of politically influential people
with whom Pawan’s family had a dispute
over an adjoining wall. Pawan Kumar
alleged that sons of one Kuldeep Singh,
father-in-law of the village Sarpanch came
to his tailoring shop and started beating
him up. The police was called but the
policemen instead of protecting him
thrashed and detained him in the police
station under the charge of quarrelling.
Former BJP minister Satpal Saini later
rescued him from police custody.67
On 6 December 2004, the committee
members of Gurdwara Sahib Chardi Kala
allegedly did not allow the marriage of
Kamaljeet Kaur, daughter of the Sarpanch
of Bahona village in Moga district at the
local Gurdwara. The committee members,
led by their chief, Rajinder Pal Singh,
stopped the marriage party of the groom
from Galoti village from entering the
Gurudwara Sahib Chardi Kala.68
INDIA HUMAN RIGHTS REPORT 2005
V. Violations of the rights of the
child
Three minor children - Sonia (13),
Suman (12) and Gagandeep (10),
grandchildren of Atam Prakash of Raikot
in Ludhiana district were allegedly
detained illegally and inhumanly tortured
including molestation by Assistant Sub
Inspector Baldev Singh and other police
officials at Chheharta police station in
Amritsar on 5 and 6 July 2004. The
children were reportedly picked up at 5
a.m. on 5 July 2004 along with other
members of the family on a complaint by
Geeta Sharma, wife of Varinder Kumar, the
maternal uncle of the children. They were
taken to Chheharta police station although
they were neither accused nor connected
with the case in any way. At the Chheharta
police station, the three minors were kept
in confinement in a cell separate from their
parents and grandparents. The children
alleged that they were not given food till
the evening of 5 July 2004 that too only
when their grandfather Atam Prakash paid
Rs 130.69 Subsequent inquiry by Punjab
Police found the allegations to be true.
On 11 September 2004, police from
the B-Division police station in Amritsar
picked up 13-year-old daughter of
Harbhajan Kaur and kept her in illegal
custody. The victim alleged that she was
kept in nude for hours and the policemen
abused her in filthy language. Pursuant to
directions of the Punjab and Haryana High
Court, a warrant officer of the court
reportedly recovered and released the girl
from the police station. She was allegedly
Punjab
detained to force her family to handover
her brother Baldev Singh, whom the police
allegedly implicated in a false case.70
On 9 March 2004, two invigilators
allegedly stripped a student of Class XII,
Amit Gupta, who was taking his final
examination in a center set up at SSD
Senior Secondary School, Bhatinda, for
refusing to give his answer sheet to one of
the invigilators to facilitate copying by a
ward of a Very Very Important Person,
who was also appearing for the
examination in the same center. An
independent inquiry into the matter by the
Lawyers for Human Rights International,
an NGO, held two members of invigilating
staff guilty. Two members of the
invigilating staff caught hold of Amit,
searched his body and forcibly removed
his clothes in front of the other students
after implanting a paper slip. The
invigilators allegedly tried to implicate
Amit in an unfair means case.71
Twelve girl students, belonging to
Scheduled Caste families, reportedly
decided to discontinue studies in protest
against “cruel and humiliating” treatment
by the Mehsuana village high school
headmaster in Faridkot district. The girl
students had scars on faces that were
allegedly caused by the teacher with his
nails. On complaint by the students and
their parents through the village Sarpanch,
the District Commissioner ordered an
inquiry into the incident on 16 May 2004.72
On 4 September 2004, a teacher at the
Government Elementary School of Chak
Ruldu Singh Wala village in Bathinda
209
INDIA HUMAN RIGHTS REPORT 2005
district allegedly made 14 students of the
third grade to walk on their knees till their
knees were bruised and started bleeding as
punishment for making noise in the class.
The students were also allegedly beaten up
with a stick and were made to sit in the sun.73
On 9 September 2004, Balwinder
Singh Mundi, a student of Class IX of
Dashmesh Academy in Anandpur Sahib of
210
Punjab
Ropar district, was allegedly beaten up
with hockey stick by the school Principal,
Nicholas Gomes, for being rude to
geography teacher, J.S. Sahota. The
Principal allegedly even tried to push
Mundi out of the classroom window. But
his classmates came to his rescue and beat
up the Principal who ended up with a
fractured arm.74 ■
C h a p t e r
22
Rajasthan

I. Overview

R
uled by the Bharatiya Janata Party, Rajasthan faces no
internal armed conflict but witnessed serious human rights
violations by the law enforcement personnel. It is one of the
few States which used National Security Act of 1980 to suppress the
movement of the Kisan Mazdoor Vyapari Sangarsh Samiti by
arresting many of its leaders including Hetram Beniwal, Vallabh
Kochher and Saheb Ram Punia under the Act.
In 2004, there have been reports of torture, rape and custodial
INDIA HUMAN RIGHTS REPORT 2005
death by Rajasthan Police including
custodial death of Nangi, a 19-year-old
married girl belonging to the pastoral
Bagaria community of Kagya village in
Phagi tehsil in Jaipur district on 4 October
2004.1
Torture and the use of
disproportionate force were rampant. Four
farmers were reportedly killed and at least
30 others injured in police firing in
Gharsana tehsil in Sriganganagar district
on 27 October 2004.2 In another incident,
the Rajasthan Unit of the People’s Union
for Civil Liberties (PUCL) reportedly
found that on 7 October 2004, Rajasthan
Police thrashed the demonstrators
comprising of the school children, their
parents and villagers at Kuhadwas village
in Jhunjhunu district and resorted to firing
without any provocation. They were
protesting against the transfer of the
school Principal, Ganga Ram who had
improved the academic atmosphere.3
The Dalits faced serious human rights
violations and caste oppression. The
government has failed to release Justice
SK Lodha Commission report inquiring
into the Kumher massacre of 6 June 1992
in which 17 Dalits were massacred by the
upper castes. On 13 October 2004, the
Rajasthan High Court issued notice to the
state Chief Secretary for contempt of court
for the state government’s failure to table
the Lodha Commission report before the
Assembly.4
Women faced violence from the police
as well as the society. There was at least
one report of honour killing of 15-year-
212
Rajasthan
old minor girl, Neelam Gujjar from
Shahadpur village in Dausa district on the
night of 22 September 2004. She had
allegedly eloped with a Dalit boy.5
The Adivasis, indigenous peoples
continued to face threats of eviction from
revenue villages by the forest department.
Forty-five tribal families in Bali tehsil of
Pali district were evicted from the land
where they had been living for several
decades.6 The forest department served
notices to 800 families in the Kishanganj
area in Baran district alleging
encroachment on forestlands.7 The
Sahariya tribal communities became
disproportionate victims of starvation
death. At least 35 tribal people reportedly
died of hunger and hunger related diseases
in May-June 2004.8
The conditions of the prisons in
Rajasthan were deplorable. There were
serious shortages of staff. About 50 percent
posts have reportedly been lying vacant for
more than a decade.9 Ailing prisoners at the
Kota Central Jail have reportedly been
inhumanly tortured at a prisoner’s ward in
a hospital at Kota.10 At the Barmer district
jail, there was neither any female staff to
deal with female prisoners nor did the
female prisoners had separate provisions.
II. Human rights violations by law
enforcement personnel
i. Arbitrary deprivation of the right to
life
There have been reports of high
number of custodial deaths in Rajashthan.
INDIA HUMAN RIGHTS REPORT 2005
The National Human Rights Commission
(NHRC) had registered 48 custodial
deaths in Rajashthan in 1999-2000, 41 in
2000-2001, 54 in 2001-2002 and 61 cases
in 2002-2003. Five persons were killed in
police custody in 2001-2002 against 3
each in 2000-2001 and 1999-2000.11
On 4 October 2004, Nangi, a 19-year-
old married girl belonging to the pastoral
Bagaria community of Kagya village in
Phagi tehsil in Jaipur district died in the
police custody at Phagi near Jaipur. The
deceased, a rape victim, was reportedly
taken by Head Constable Tarachand on the
pretext of getting her medico-legal
examination done for confirming her
charge of gang rape. He did not allow the
family members to accompany her. After a
few hours, Nangi was found in the
Community Health Centre, Phagi in a
serious condition. She was unconscious,
foaming at mouth and bleeding profusely.
The doctors referred her to Sawai Man
Singh Hospital in Jaipur for treatment.
However, she died en route to Jaipur.12 The
police registered an FIR after two weeks of
protests by the women rights groups.
On 27 October 2004, four farmers
were reportedly killed and at least 30
others injured in police firing in Gharsana
tehsil in Sriganganagar district. The
farmers were agitating demanding release
of sufficient water from the Indira Gandhi
canal for irrigation. Hundreds of farmers
had begun an indefinite “maha padaav’’
(mega-gathering) at the Sub-Divisional
Magistrate’s office since 25 October 2004
and locked the office after pushing the
Rajasthan
employees inside. Several government
officials, including the Sub-Divisional
Magistrate, the Deputy Superintendent of
Police, Tehsildar and Officers in-Charge of
seven police stations were allegedly held
hostage inside the office.13 Their
resentment further deepened following
lathi charge by the police which injured as
many as 50 agitating farmers on the
morning of 27 October 2004. They
reportedly attacked the Rawala police
station. The police burst teargas shells and
opened fire on the agitating farmers. Three
persons Kalu Singh, Raj Kumar, and
Mangi Lal died in the incident. One
person, Jethram Meghwal, was also killed
in police firing. The state government
ordered a judicial inquiry into the incident
and announced an ex gratia of Rs 5 lakh to
next of kin of each of those killed and Rs
1 lakh to the injured.
On 6 December 2004, another farmer
Hazoor Singh was killed in an alleged
police firing at 17 KYD villages near
Kajuwala town of Bikaner district. The
victim was among 1,000 farmers who
were moving towards Kajuwala town on
tractors to take part in the “maha padaav’’
(massive siege) being organised by the
Kisan Mazdoor Vyapari Sangarsh Samiti.
The police reportedly opened fire and also
tried to drive a truck on the crowd at 17
KYD causing injuries to dozens of
people.14
ii. Arbitrary arrest, detention and
torture
Police highhandedness in arbitrary
213
INDIA HUMAN RIGHTS REPORT 2005
arrest, detention and torture has been
widely reported in Rajasthan.
At about 7.30 pm on 4 May 2004,
Ramesh Sharma and his brother, Anil
Sharma of Manfarah village in Jhunjunu
district were allegedly stopped by the
officer-in-charge and other police
personnel of Mandrela By-Pass outpost
when they were coming from Jhunujunu.
The policemen asked for the papers of
their motorcycle that they were riding.
Saying that their papers were illegible, the
policemen began rebuking the two
brothers in filthy language. On asking not
to rebuke them in such a way, the
policemen took the two brothers inside the
outpost, severely assaulted them with belts
and baton and robbed them off their
money.15
On 7 October 2004, the police
reportedly lathicharged, lobbed tear gas
shell and fired in the air to disperse a
crowd of students of a government
secondary school and villagers who were
protesting against the transfer of the
school Principal, Ganga Ram in Kuhadwas
village in Jhunjhunu district. Principal
Ganga Ram had reportedly improved the
academic atmosphere, created more
facilities for students and enhanced the
results during his 13-month tenure. More
than 20 people were injured in the
incident, one of them sustained a bullet
injury in his leg. The police also picked up
several youngsters from the village and
registered criminal cases against 26
persons. A fact-finding team of Rajasthan
unit of the People’s Union for Civil
214
Rajasthan
Liberties reportedly found that police
thrashed the demonstrators and resorted to
firing without any provocation.16
Sajjan Singh Charon from Pali district
of Rajasthan reportedly tried to commit
suicide by setting himself on fire on 5
November 2004 in front of the District
Collectorate in protest against alleged
torture of his son Surender Singh by two
police constables posted at the Bangar
police outpost a few days earlier.
According to eyewitnesses, he shouted
slogans against police and then poured
kerosene oil that he was allegedly carrying
on his body and set himself on fire. He
received 70 percent burns.17
On the night of 17 November 2004,
Ghevar Ram Bisnoi, a farmer of Rohicha
Kalan village under Shivana tehsil in
Barmer district was brutally beaten up by
the Luni police Station Incharge Bhavarlal
Patel. The Officer-in-Charge woke up
Ghevar Ram Bisnoi when he was sleeping
at his farm to look after his crops and
asked about the whereabouts of one
Pappram, an accused. When Ghevar Ram
declined to give any information about
Papparam, the Officer-in-Charge assaulted
him brutally with his lathi. Ghevar Ram
reportedly had tell tale signs of beating on
his eyes, back and legs. On 18 November
2004, Ghevar Ram alongwith other
villagers reportedly complained to the
Deputy Superintendent of Police but the
DSP did not give him an opportunity of
hearing.18
On 3 December 2004, more than 40
persons, including former MLA Sohan
INDIA HUMAN RIGHTS REPORT 2005
Nayak were injured when police
lathicharged thousands of agitating
farmers at Anupgarh and Gharsana in
Sriganganagar district. The farmers were
agitating for the release of more water
from the Indira Gandhi canal for the rabi
season. Nearly 600 farmers were also
taken into custody at the two places.
Majority of them were sent to jails in
Sriganganagar, Hanumangarh, Churu and
Bikaner districts.19
On 5 December 2004, the
Sriganganagar district police reportedly
booked many senior leaders of Kisan
Mazdoor Vyapari Sangarsh Samiti,
including Hetram Beniwal, Vallabh
Kochher and Saheb Ram Punia, under the
National Security Act (NSA). The
Divisional Commissioner of Bikaner,
Shreemat Pandey, confirmed the
registration of the cases under the NSA.20
On 21 December 2004, Pramaram, a
jeep driver from Pareth village under
Kishangarh block in Ajmer district was
brutally beaten up by a policeman at
Shyamnagar in Jaipur city for driving into
the middle of the road while the traffic jam
was being cleared. The policemen
allegedly hit Pramaram on his head and
face that caused profuse bleeding. A case
was reportedly registered against the
accused policemen.21
III. Atrocities against the Dalits
The Dalits remained insecure and
vulnerable to oppression. They faced gross
violation of their rights including denial by
so-called upper caste men of access to
Rajasthan
places of worship. This is despite the
Rajasthan High Court order of 1988
directed the State Government to ensure
unhindered access of the Dalits to the
temple.
The State Government made little
attempt to award justice to the Dalits. On
13 October 2004, the Rajasthan High
Court issued notice to the state Chief
Secretary on a petition seeking initiation
of contempt proceedings against him for
the state government’s failure to table the
report of the Justice SK Lodha Commissio
in the Assembly. The Lodha Commission
appointed by the then BJP-led government
to probe into the infamous massacre of 17
Dalits by a mob of upper castes in Kumher
town of Bharatpur district on 6 June 1992.
The Lodha Commission had submitted its
report in August 1996. The High Court had
on 9 September 2002 reportedly directed
the state government to lay the Lodha
Commission’s report in the Assembly as
early as possible; but the same has not
been tabled in the Assembly at the end of
2004.22
On 2 January 2004, Dalit activists
from New Delhi participating in a National
Dalit Swadhikar rally, organised by the
National Campaign on Dalit Human
Rights, were reportedly denied entry into
the famous Shrinath temple, where they
reached after covering 16 districts in
Rajasthan. The convener of the Centre for
Dalit Human Rights, P.L. Mimroth, who
was part of the rally along with 34 other
dalit activists, alleged that hundreds of
local residents, majority of whom were
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INDIA HUMAN RIGHTS REPORT 2005
alleged upper-caste Hindus, stopped their
rally about 2 km from the temple and used
abusive and threatening language against
the Dalits. Instead of dealing with the
interrupters, the policemen escorting the
rally expressed their inability to help the
rally go ahead and enter the temple.23
On 27 January 2004, a poor Dalit,
Bajrang Lal of Dediya village in Jhalawar
district committed suicide by burning
himself with kerosene. Lal was allegedly
unable to withstand the harassment he was
given by the Gram sevak and other
officials of the Panchayat Samiti after he
complained of their corruption. The
deceased in his dying declaration alleged
that the Gram Sevak of the Panchayat
Samiti took Rs 2,000 from him in advance
for releasing Rs 10,000 cash grant for
building a house under the Swarnajayanti
Grameen Rozgar Yojana and threatened
him for complaining about it. Lal also
named the Upasarpanch and the
sarpanch’s husband as accused and termed
the members of the Panchayat corrupt.
Four officials of the Dediya Panchayat
Samiti were reportedly booked on charges
of corruption and abetment/incitement of
suicide of Bajrang Lal.24
On 11 August 2004, a 17-year-Dalit
girl, Neelam was allegedly stripped and
dragged on the village street in full public
view in Nagodi village in Alwar district by
the family of Billu Yadav with whom the
girl had eloped in July 2004. Neelam and
her mother were returning from ablution
on the early morning of 11 August 2004
when they were intercepted by a group of
216
Rajasthan
11 persons of the Yadav community led by
mother of Billu. The attackers started
beating the duo. While the mother freed
herself and ran to the village for help, the
attackers stripped and beat the girl. They
dragged the nude girl along the village
street. The police later arrested eleven
accused after the victim’s family lodged a
complaint. Billu Yadav later committed
suicide reportedly following rumours that
Neelam had consumed poison.25
IV. The status of the Adivasis
The Adivasis, indigenous peoples,
continued to face threats of eviction
despite Chief Minister Vasundhara Raje’s
promise during her “Parivartan Yatra” in
the tribal-dominated districts in the State
before the 2003 Assembly elections that
no tribal family would be evicted if the
BJP came to power.
On 18 October 2004, the convenor of
the Jangal Zameen Jan Andolan, Ramesh
Nandwana stated that eviction notices had
been served on thousands of tribals in
Udaipur, Dungarpur, Banswara,
Chittaurgarh, Pali, Sirohi and Baran
districts, even though 5,355 cases had
been proved to be those of possessions
before 1980 on the basis of forest records
and first information reports. A total of 45
tribal families in Bali tehsil of Pali district
were evicted from the land where they had
been living for several decades. Besides,
the forest officials ravaged the houses of
tribals in Deola Bharla, Jupa and Kundal
villages of Pali district.26
The State Government’s plan to oust
INDIA HUMAN RIGHTS REPORT 2005
tribals was in contradiction to the Central
government’s decision to regularise the
land rights of tribal dwellers who have
been in continuous occupation since 31
December 1993. The State Government
had also decided in 1991 to regularize the
encroachments made on forestlands before
1 July 1980. But the committees
constituted at the forest range level to
identify the tribals for regularization of
land rights have failed to do so. The
eviction notices were issued ignoring the
order of the Union Ministry of Forest and
Environment dated 5 February 2004 in
which the Ministry observed that when the
areas where tribals had been living since
time immemorial were brought under the
purview of Forest Acts, their traditional
rights were not settled, making them
“encroachers in the eyes of law”.
The Sahariya tribes: Land Alienation
and starvation deaths
The alienation of the lands of the
Sahariya tribes by the land greedy farming
communities from the plains is the major
reason for the deplorable conditions of the
Sahariya indigenous peoples in Rajasthan.
Majority of their populace are rendered to
the status of labourers working for others
in lands once belonged to them. The non-
indigenous peoples from the plains have
grabbed large areas of lands of the
indigenous peoples in South East
Rajasthan. The Forest and the Revenue
Departments have reportedly made life
miserable for them. The non-tribals with
the help of the Government officials have
Rajasthan
allegedly manipulated the land records.
Even the lands set aside for the Sahariyas
have been allocated to other people
rendering the Sahariyas to be bonded
labourers in their own land.” According to
a survey by the Sankalp Sanstha in
Khandela gram panchayat in Kishanganj
alone, more than 80 Shariya families were
victims to usurpation of land.27
About 35 persons reportedly died in
the Saharia-dominated Baran district of
Rajasthan between July and September
2004 due to starvation.28 The authorities
attributed the deaths to diseases and
inordinate delay on the part of the tribals to
give timely medical attention to the
victims.29 On 16 September 2004, the
Supreme Court directed the state
government of Rajasthan to submit status
report on the alleged starvation deaths in
the state.30
Six persons reportedly died of
diseases resulting from malnutrition in
Brahmapura, a Sahariya tribal settlement
in Kishanganj block in Baran district in
July-August 2004. Five of the six deceased
were children below five years. The sixth
person, Sampat, wife of Ram Singh, a
drummer, died on 4 August 2004 after
childbirth. The medical records attributed
excessive bleeding as the reason for her
death though the neighbours said she did
not have proper nourishment after the
delivery. The family was extremely poor.31
Harji, a villager in Brahmpura claimed that
the deaths were due to starvation, as
villagers could not buy food and fell ill
after going without food for days together
217
INDIA HUMAN RIGHTS REPORT 2005
and died one by one. Bhuria Sahariya and
his wife Munni, whose child died after
fever, confessed that they could not afford
food for him, not to speak of medicine.
The relatives of other victims also
reportedly confessed of acute poverty and
lack of money.32
Apart from occurrence of starvation
deaths in Shahabad and Kishanganj blocks
in Baran district, 15-year-old Pinki
Siglikar of Salabad village under Bayana
block in Bharatpur reportedly died after
she fell sick after eating wild edibles, bajra
and jawar.33
On 23 September 2004, Rajinder, a
17-year-old Dalit student of Class XI,
committed suicide by hanging himself
with a rope in his house in Sadulsahar of
Sriganganagar district after his parents
could not pay his school fee or meet his
treatment expenses. Rajinder was reported
to be a meritorious student and had scored
about 70 per cent marks in his
matriculation examination. His father Hari
Ram is a daily wage labourer and works
for other people in fields.34
The Rajasthan Government reportedly
prepared Rs 150 crore package for the
Sahariya tribe in Baran district. Under the
package, the tribals were to be given wheat
at Rs 2 (two) a kg and at least one member
of each Sahariya tribe family would be
given employment for a year, and steps
would be initiated for creating permanent
job avenues in the area.35
V. Violence against women
Violence against women including
218
Rajasthan
honour killings were reported from
Rajasthan.
On the intervening night of 7 and 8
July 2004, officer-in-charge of Chandpole
police outpost in Jaipur city, Assistant
Sub-Inspector Tulsiram Saini allegedly
barged into the house of an widow at a
nearby village and molested her. On a
complaint to the police by elder brother-in-
law of the widow, the Superintendent of
Police reportedly suspended the accused
police Assistant Sub-Inspector. He had
been arrested and produced in the court of
Additional Chief Judicial Magistrate, who
sent him to 15 days judicial remand.36
At about 11 pm on 16 December 2004,
two constables-Rajuram and Haparam,
posted at Khedapa police station in
Jodhpur district allegedly molested a
woman passenger and assaulted her
husband at the Khedapa Bus stop situated
near the police station. The couple hailing
from Kalali village in Pali district of
Rajasthan was reportedly traveling from
Jodhpur. The policemen beat up the
woman’s husband when he objected to
their indecent behaviour.37
A 15-year-old minor girl Neelam
Gujjar was allegedly killed by her family
members at Shahadpur village in Dausa
district on the night of 22 September 2004
for the sake of ‘family honour’ after the
girl had eloped with a Dalit boy Rajesh
Bairwa. The body was hastily cremated by
the family on the next morning. The police
registered an FIR under Sections 302 and
201 of the IPC against 13 persons at the
Mahua police station on September 25.38
INDIA HUMAN RIGHTS REPORT 2005
On 26 September 2004, Kavita Srivastava
of the People’s Union For Civil Liberties,
who was part of a nine-member women’s
delegation that visited Shahadpur and
other villages in Bharatpur and Karauli
districts on 25 and 26 September 2004,
alleged that the 15-year-old girl was killed
on the decision of the caste panchayat with
participation from nearby villages. At least
six Bairwa families had migrated out of
the village due to threats from the
dominant caste members.
VI. Prisons and prisoners
The prison conditions in Rajasthan
were deplorable. All the prisons in the
State were reportedly facing shortage of
staff resulting in further deterioration of
the already abysmal condition. The post of
Deputy Superintendent was vacant in most
jails and about 50 percent posts of the
other staff were also reportedly lying
vacant for more than a decade. On the
other hand, the number of prisoners in jails
kept on swelling over the years. In the
absence of security staff of the jails, the
Rajasthan State Government has been
deploying the volunteers of the Home
Guards at the jails all over the state. They
too were reportedly working without
salary for the last one year. There has been
no fresh recruitment of staff in jails for
more than a decade. The existing staffs
were reportedly overworked due to
shortage of manpower.39
Rajasthan
There were no female staff at the
Barmer district jail to attend the female
prisoners. The condition of the four female
prisoners lodged in the jail was very
deplorable as there were no separate
provisions for them. They were compelled
to share toilet, bathroom and other
provision with their male counterparts. In
March 2004, one of the female prisoners
gave birth to a boy inside the jail.40
Despite being seriously ill, many of
the prisoners at the Kota Central Jail were
reportedly refused to get admitted at the
prisoners ward in a hospital at Kota.
Some of the ailing inmates, who were
admitted at the ward, alleged that the
ailing prisoners were not attended by any
health or medical personnel but by
policemen who beat up them on the
slightest excuse.
One of the inmates of the Kota Central
Jail, Ram Swaroop who was brought to the
hospital on 16 November 2004, reportedly
declined to get admitted at the prisoners’
ward for fear of torture despite advice of the
doctor who attended him. Another ailing
prisoner at this ward Ram Babu alleged that
he was severely beaten up by policemen at
the ward when he sought permission to
attend nature’s call. He fell unconscious due
to the beating. Another sick prisoner
Hanuman, who was discharged from the
ward on 16 November 2004 was beaten up
with baton by the policemen when he
sought permission to ease.41 ■
219
INDIA HUMAN RIGHTS REPORT 2005 Rajasthan

220
C h a p t e r
23
Tamil Nadu

I. Overview

R
uled by the AIADMK, Tamil Nadu became infamous for
abusing the Prevention of Terrorism Act (POTA) of 2002
against political opponents for their alleged support to the
proscribed Liberation Tigers of Tamil Eelam of Sri Lanka, the Tamil
National Liberation Army, Tamil National Retrieval Troops and
Peoples War Group. Forty-one cases were registered under the Act
in Tamil Nadu.1 Even juveniles were arrested under the POTA.2
The law enforcement personnel have been responsible for
serious human rights violations including custodial death, torture,
arbitrary arrest and detention. On the night of 21 January 2004, the
INDIA HUMAN RIGHTS REPORT 2005
Tamil Nadu Police reportedly conducted
combing operation in the areas of
Perumanallur, Anupparpalayam,
Mangalam and some pockets of Tirupur
North, South and Rural police limits under
Tirupur in Coimbatore district. The police
allegedly took 428 persons into custody
arbitrarily, detained them in the police
station for the night and released them on
the next day only after taking their
fingerprints without assigning any reason.3
Sandalwood smuggler, Veerappan was
killed on 18 October 2004. However, the
report of the Justice A.J. Sadashiva, a
former judge of the Karnataka high court
who was commissioned by the National
Human Rights Commission in June 1999
to look into the complaints of torture and
harassment by Special Task Force (STF)
personnel while hunting Veerappan, is yet
to be made public.
The Dalits are subjected to torture,
humiliation and other violations. On the
night of 16 May 2004, houses of several
Dalit families were set on fire in Kalapatti
village under Coimbatore allegedly by
upper caste men of the village for not
voting in favour of their candidate in the
Lok Sabha elections.4
II. Human rights violations by law
enforcement personnel
i. Arbitrary deprivation of the right to life
There have been reports of serious
human rights violations by the police
including arbitrary deprivation of the right
to life. The NHRC registered 57 cases of
custodial deaths in Tamilnadu in 1999-
222
Tamil Nadu
2000, 28 cases in 2000-2001, 55 cases in
2001-2002 and 68 cases in 2002-2003.5
On the morning of 3 October 2004,
Senthil, who was arrested in connection
with a case of theft of a cell-phone was
reportedly found hanging from the ceiling
inside the lock-up at Shastri Nagar police
station in Chennai. Police officials claimed
that he had committed suicide due to some
health problem. But the locals alleged that
Senthil had died due to police harassment
and torture in custody.6
In a rare judgement in March 2004,
Madras High Court directed the Tamil
Nadu government to pay Rs 4.30 lakh as
compensation to the petitioner S Meena, a
postal department employee and mother of
one Wilson who was killed at Royapettah
police station in Chennai on 22 June 1993.
The Court, after going through the reports,
maintained that Wilson’s death was a
result of “brutal and inhuman” attack and
torture he suffered after being arrested on
the night of 21 June 1993. The judge
further held that the court had no doubt
that Wilson had died in the police station
and the story about his being taken to
hospital for giddiness was false. The court
also directed the State Home Secretary and
police authority to prosecute five police
personnel and take necessary action
against them.7
ii. Arbitrary arrest, detention and
torture
Arbitrary arrest, detention and torture
by the Tamil Nadu police are common. It
was also a common feature while trying to
INDIA HUMAN RIGHTS REPORT 2005
nab Sandalwood smuggler, Veerappan.
The Special Task Forces (STF) that
was constituted by the state governments
of Tamil Nadu and Karnataka to nab
Veerappan reportedly subjected the
villagers residing in the villages close to
the hilly forests that were within
Veerappan’s operation domain to inhuman
brutalities. Many of them “died” in
custody, others were released after a few
days or months. Many were incarcerated
under the Terrorist and Disruptive
Activities (Prevention) Act. Even women
and children were not spared from torture.
There were reports of multiple rapes in
front of their husbands, brother-in-laws
and electric shocks in the private parts.8
The report of the inquiry commission
of A.J. Sadashiva, a former judge of the
Karnataka high court constituted by the
National Human Rights Commission in
June 1999 to look into the complaints of
torture and harassment by STF personnel,
has yet not been made public. The report
was reportedly submitted to the NHRC.
With the death of Veerappan, albeit under
questionable circumstances, the report is
unlikely to see the light of the day.
On the night of 21 January 2004, about
150 police personnel from the Armed
Reserve Police reportedly conducted
combing operation in the areas of
Perumanallur, Anupparpalayam, Mangalam
and some pockets of Tirupur North, South
and Rural police limits in Tirupur township
in Coimbatore district. The police allegedly
arbitrarily took 428 persons into custody,
detained them in the police station for the
Tamil Nadu
night and released them on the next day
only after taking their finger prints without
assigning any reason. The Superintendent
of Police, Coimbatore Rural District, R.
Dhinakaran, defended the combing
operations saying that a number of people
who had migrated from the southern
districts were involved in offences either in
their native place or in Tirupur.9
A 22-year-old labourer, M. Kannan of
Manakkal Street in Red Hills in Chennai
had to be admitted to the Stanley Medical
College Hospital, Chennai after he was
tortured by the Police of the Red Hills
Police Station on 8 June 2004. He was
picked up for questioning on his suspected
involvement in the kidnapping of his
relative’s daughter. But actually the girl
was not kidnapped at all. Even when the
missing girl turned up and told the police
that Kannan had nothing to do with it, the
policemen kicked and beaten him on his
legs, arms, chest and back in the presence
of his wife, Tara, who went to the police
station pleading that her husband be let
off. The policemen also verbally abused
the couple.10
On 30 June 2004, three policemen-
constables Narayanasamy and Pasumpon,
and head-constable Muthu Pillai of
Soorangudi police station of Tuticorin
district allegedly picked up one R.
Ganesan for interrogation in connection
with a case of cattle theft filed against him
by one Ayyasamy in Maelmaanthai under
Soorangudi police station limits. He was
taken to the Soorangudi police station and
brutally tortured during interrogation.
223
INDIA HUMAN RIGHTS REPORT 2005
After the interrogation, Ganesan could
“breath only with great difficulty” and
reportedly fainted frequently. He had to be
admitted at the Tuticorin Government
Medical College Hospital on 2 July 2004.
The policemen also allegedly demanded
Rs 10,500 to withdraw the case against
him and an unidentified police official
tried to get the thumb impression of
Ganesan at the hospital. Following
complaints by the relatives of Ganesan,
cases were registered against three
policemen on the charge of torturing
Ganesan.11
III. Violence against Women
There were reports of violence against
women in Tamilnadu.
The South India AIDS Action
Programme in a report released in August
2004 reported that sex workers in Tamil
Nadu face increasing “brutality” at the
hands of the police. The study, conducted
among 172 sex workers from 13 districts
revealed that nearly 70 per cent of the
respondents had been beaten with lathis
and logs of wood and kicked by
policemen. Some even reported broken
limbs and mutilation of sex organs. It
recorded 39 specific cases of harassment
documented with names and designations
of errant police personnel and submitted to
the Home Ministry.12
The plight of the female workers in
the units of the Madras Export Processing
Zone, about 25 km from Chennai,
reportedly remains very pathetic.
Humiliation and exploitation, including
224
Tamil Nadu
sexual exploitation in work place are
endemic. The employees allegedly do not
have access even to toilets without tokens,
and frequent use of them allegedly invites
the wrath of their bosses. Water supply is
allegedly stopped at 5 pm every day so that
the workers would not go to wash their
faces and apply make up. The supervisors
would want them to use the toilets only
during time allotted for them for tea and
lunch break.13 In comparison to units
outside the zone, the “degree of harshness
is greater” in the zone with “compulsory
overtime, immediate retrenchment if a
worker refuses overtime, impossible
targets, restricted use of toilets, preference
for unmarried girls and the pervasive
practice of sexual harassment. Women
workers, the younger and unmarried ones
in particular, are allegedly verbally and
physically abused at the hands of their
male supervisors”.14
IV. Atrocities against the Dalits
The Dalits were subjected to torture,
humiliation and other violations of their
rights.
On the night of 16 May 2004, houses
of several Dalit families were set on fire in
Kalapatti village, 15 kms from Coimbatore
in Tamil Nadu allegedly by upper caste
men of the village, three days after the
announcement of results of the Lok Sabha
elections. All household belongings were
gutted and domestic livestock like cows
and goats were allegedly burnt alive by the
attackers. The immediate reason for the
attack was believed to be the BJP’s defeat
INDIA HUMAN RIGHTS REPORT 2005
in the prestigious Coimbatore seat. The
upper caste villagers blamed the Dalits for
the BJP’s debacle. Of the 1,100 Dalit
voters only 300 of them had reportedly
voted in the elections.15 Fearing further
escalation of violence, many Dalit parents
had pulled out their children from the local
school, and moved out of the village.
Although a small police picket was
stationed at Kalapatti after the incident, a
mob of upper caste allegedly attacked a
Dalit villager, 60-year-old Muthan. He
was severely beaten up fracturing his right
arm when he alighted from the bus and
started walking towards the village.16
Dalits have not been allowed to
contest the election to the posts of
panchayat president in Pappapatti,
Keeripatti and Nattarmangalam villages of
Madurai district, as it is deemed a
“sacrilege”. Ever since the Panchayati Raj
Act was implemented in Tamil Nadu in
1996, no Dalit has been made president in
these villages, though they are reserved
exclusively for the Scheduled Castes.
Even if any Dalit won an election, he was
forced to quit before taking charge. The
Dalits live under economic servitude of the
upper caste Thevars and thus have to
follow their diktat. In April 2002, a Dalit
named E. Subban decided to defy the
Thevars and filed his papers for the
president’s post of Pappapatti panchayat.
However, the local bigwig Chellakannu
Thevar then asked his Dalit servant
Thanikodi to contest against Subban and
won the election by a whopping majority
of 900 votes out of 1,500. But his master
Tamil Nadu
made him to quit the post even before
taking charge. Fearing for his life, Subban
fled to his sister’s house in
Chokkathevanpatti hamlet, 10 km away
and never went back to his village.17
Following criticism from the NHRC
and the SC/ST Commission, the AIADMK
government reportedly set up a legislative
panel in 2003 headed by minister O
Panneerselvam who is a Thevar. The panel
promptly concluded that Thevars were not
preventing Dalits from contesting
elections. However, a study paper
submitted by V Sudarshan and S Sumathi
of Madras University to Adidravidar
Welfare Department alleged “the
committee did not even visit Dalit colonies
in Pappapatti.”18
On 16 September 2004, a 19-year-old
Dalit named Suresh was allegedly
murdered in Nalagampalle village in
Bangarupalyam of Chittoor district. The
deceased was a labourer in the mango
orchard of former Member of Parliament
Jhansi Lakshmi. He reportedly had an
altercation with Malarapu Krishnama
Naidu and Lakshmaiah Naidu, who came
to supervise the work on 15 September
2004. Suresh fled following the dispute.
His body was found hanging from a
mango tree on 16 September 2004.
Viswanathan, father of the deceased, went
to lodge a complaint with the
Bangarupalyam police but the police
allegedly did not bother to register a case
against the landlords. Sub-Inspector I
Raghunatha Reddy did not even visit the
village to find out the truth, in spite of
225
INDIA HUMAN RIGHTS REPORT 2005
repeated requests.19
V. Misuse of POTA
Tamil Nadu was one of the 10 states
that extensively abused POTA with
registration of 41 cases under the Act.20
The POTA was mainly invoked against
political opponents.21 Even juveniles were
arrested under POTA.22 Opposing the
repeal of POTA, Chief Minister Jayalalitha
on 22 September 2004 reportedly said that
the repeal of POTA was “ill-considered”
and it had left behind a vacuum in the
country’s defence against terrorism.23
On 13 December 2004, the three-
member Central Review Committee on
Prevention of Terrorism Act headed by
Justice Usha Mehra reportedly held its
first sitting in Chennai and heard the
submissions of counsel for 13 of the 24
POTA detenues picked up at Uthangarai in
Dharmapuri district in November 2002.24
However, the Tamil Nadu Government
challenged two key provisions of the
Prevention of Terrorism (Repeal)
Ordinance 2004, promulgated in
September 2004, and sought to quash all
proceedings of the Central committee
which was reviewing all POTA cases.25
Though the summons served to various
detenues and their relatives by the Review
Committee clearly stated that it was to be a
“public hearing,” relatives of the detenues
could not gain entry into the premises. Even
presspersons were not allowed to go inside.
Among others, advocates B. Kumar,
Sankarasubbu, A. Rahul and N.R. Elango
made their submissions. Even advocates
226
Tamil Nadu
who had come there to represent the
detenues were “terrorised by police,” who
insisted on either copies of the summons or
case details.26
On 1 August 2003, police arrested
Tamil Nationalist Movement leader P
Nedumaran under POTA for allegedly
speaking in favour of the outlawed outfit
LTTE at a public meeting at Vanampatti
village in Dindigul district in June 1992.
An FIR was reportedly lodged against him
on 20 December 1992, more than six
months after his alleged speech. The
Madras High Court initially dismissed
Nedumaran’s petition challenging his
arrest under POTA27, and later ordered his
release on 18 December 200328 along with
other three POTA detenues— Pavanan,
Suba Veerapandiyan and Thayappan
following the Supreme Court’s
observation in Vaiko’s case that merely
extending moral support to any militant
organisation could not be construed as an
offense under POTA.29 The Tamil Nadu
government unsuccessfully moved the
Supreme Court challenging the order of
the Madras High Court but the Supreme
Court, criticizing the state government
“for taking things too far”, quashed the
petition.30
On 11 July 2002, MDMK leader,
Vaiko was arrested for allegedly making a
pro-LTTE speech at a public meeting at
Thirumangalam in Madurai district. In its
first affidavit in the Supreme Court on 28
March 2003, the Central Government
maintained that Vaiko’s speech “was an act
of terrorism” under section 21 (3) of
INDIA HUMAN RIGHTS REPORT 2005
POTA.31 However, on 31 March 2003, the
Central government made a correction to
its earlier stand, saying Vaiko’s speech
delivered on 29 June 2002 “if properly
interpreted and read in the entire context of
the speech and the surrounding
circumstances, does not attract Section 21
of the Prevention of Terrorism Act
(POTA)”.32 Then Attorney General, Soli
Sorabjee also gave a clarification that mere
expression of moral support per se does not
tantamount to breach of Section 21 of
POTA, so long as the individual concerned
does not provide actual aid to the terrorist
organisation.33 On 16 December 2003, the
Supreme Court endorsed the Attorney
General’s interpretation of the section 21.
On 7 February 2004, Vaiko was released
from the Vellor central prison before the
Lok Sabha elections.35 On 7 May 2004, the
Supreme Court stayed all further
proceedings pending against Vaiko and his
colleagues before the designated POTA
Court.36 Subsequently, on 10 August 2004,
the Tamil Nadu government decided to
withdraw POTA cases against them and
filed a petition to this effect in the POTA
court.37 However, on 3 September 2004, the
POTA court declined to drop cases against
Vaiko and his colleagues holding that the
Central Review Committee’s decision that
there was no prima facie case against them
was “arbitrary” and “premature”.38
On 9 July 2002, eight DMK
partymen- Madurai Ganesan, Alagu
Sundaram, Ganesamurthy, Veera
Ilavarasan, Bhoominathan, Pulavar
Sivanthiappan, P S Maniam and
Tamil Nadu
Nagarajan- were arrested under POTA for
allegedly making speeches in support of
the banned LTTE at a public meeting at
Tirumangalam in Madurai District on 29
June 2002.39
On 24 November 2003, the police
arrested 15-year-old, G. Prabhakaran
along with 25 others apparently because
they could not locate his father,
Gurusamy, a suspected Naxalite. A case
was filed against him in the Othankarai
Police Station under various sections of
the Indian Penal Code, Explosives Act
and Arms Act, in addition to the POTA.
He was presented before the Oothankarai
Judicial Magistrate on 25 November
2003 and was remanded to judicial
custody without checking if he was a
minor. The boy’s date of birth as per the
school transfer certificate was 11 May
1987. When Prabhakaran was produced
before the Uthangkarai judicial
magistrate, he was “mechanically
remanded to judicial custody” and was
lodged along with the Naxalite40
prisoners. However, the Krishnagiri
principal sessions judge, S. Ashok
Kumar, granted him bail, observing that
the school certificate would prevail over
the result of a radiological examination
conducted to determine the boy’s age. In
his 137-page order on March 18, Justice
K Sampath concluded that the
Prabhakaran should have been tried only
under the Juvenile Justice (Care and
Protection) Act, 2000. The court ruled
that the Juvenile Justice Act would
prevail over POTA.41
227
INDIA HUMAN RIGHTS REPORT 2005
On 16 April 2003, the Tamil Nadu
Government slapped POTA on
“Nakkeeran” editor, R R Gopal, who was
arrested on 11 April 2003 in connection
with alleged payment of crores of rupees
to forest brigand Veerappan as ransom for
the release of abducted Kannada fmatinee
228
Tamil Nadu
idol Rajkumar in November 2000.42 Chief
Minister Jayalalitha, on 21 April 2003
reportedly defended her government’s
move saying Gopal had close links with
Veerappan, and the two banned Tamil
militant groups, the TNLA and the
TNRT.43 ■
C h a p t e r
24
Tripura

I. Overview

S
kepticism prevailed over optimism at the end of 2004 in the
Communist Party of India (Marxist) ruled Tripura despite the
surrender of 138 cadres of the National Liberation Front of
Tripura (Nayanbashi Jamatia faction) on 29 December 2004. On 17
December 2004, a seven-point tripartite settlement was signed by
the Central government, the Tripura government and the NLFT
(Nayanbasi Jamatia faction). However, NLFT leader, Nayanbashi
Jamatia neither signed the agreement nor was he present during the
INDIA HUMAN RIGHTS REPORT 2005
surrender ceremony. Earlier, 72 members
of the NLFT (Montu Koloi faction)
surrendered.1 On 15 April 2004, two
factions of NLFT respectively led by
Nayanbashi Jamatiya and Montu Koloi
signed a tri-partite agreement with the
Centre and Tripura governments.2 Under
the agreement of 17 December 2004, the
state government agreed to withdraw all
cases against them except those relating to
crime against women. A special package
worth Rs 55 crore was approved for
development of the tribal areas. The
government also agreed to formulate a
special rehabilitation package for the
surrendered cadres beyond the normal
surrender scheme.3
Although the Borok National Council
of Tripura (BNCT), NLFT faction led by
Biswamohan Debbarma and All Tripura
Tiger Force (ATTF) did not sign any
ceasefire agreement, the incidents of
violence by the non-State actors have
reportedly gone down by 40 per cent in
2004. There was also decrease of killing
by 61 percent by the armed opposition
groups with 67 killings in 2004 in
comparison to 172 killings in 2003.4
The security forces were responsible
for torture and extrajudicial executions.
On 28 March 2004, Deputy Inspector-
General of Police (Range) Akhil Kumar
Shukla reportedly issued a circular
directing Officers-in-Charge of police
stations in Tripura to refrain from
disseminating any information to the
media or to any other quarter about
encounter killings in the midst of
230
Tripura
allegations of extrajudicial killings.5 The
State government failed to make the
reports of inquiries into the extrajudicial
executions of Rathojoy Jamatia and
Biswas Singh Malsom on 20 December
2003, Subodh Debbarma on 14 March
2004 and Ramesh Debbarma on 31
December 2003 public.
The armed opposition groups were
also responsible for gross violations of
international humanitarian laws including
violence to life and person, in particular
murder of all kinds, mutilation, cruel
treatment and torture and taking of
hostages. Altogether 69 people were
allegedly killed and 59 injured by the
armed opposition groups in 2004.6
Women continued to be victims of
violence, including rape, both by the
security forces and the armed opposition
groups.
The indigenous peoples who
constitute 30.95% of the total population
belong to the lowest ladder in all spheres
of the society. The effective functioning of
the Tripura Tribal Autonomous District
Council (TTAADC) was hamstrung by
political rivalries between the Indigenous
Nationalist Party of Tripura and its off-
shoot organization, National Socialist
Party of Tripura (NSPT) backed by the
ruling CPM. On 30 December 2004,
governor D N Sahaya dissolved the
TTAADC before its scheduled expiry on
19 May 2005 to bring an end to the
factional feud in the ruling NSPT.7
Tripura has a large number of people
displaced because of increasing land
INDIA HUMAN RIGHTS REPORT 2005
alienation, insurgency and fencing of
Indo-Bangladesh border. There were about
70,000 internally displaced persons but the
government has little plans of action to
rehabilitate them.
II. Atrocities by secutiry forces
i. Arbitrary, summary and extrajudicial
executions
The security forces have been
responsible for widespread human rights
violations in the name of combating
insurgency. The strength of security forces
in the state was reported to be 9,919
Tripura police personnel, 2,520 Home
Guards, 60 companies of Tripura State
Rifles (TSR), 80 companies of Border
Security Force (eight deployed in counter
insurgency operations), 60 companies of
Central Reserve Police Force (CRPF) and
3 battalions of the Assam Rifles.8
Though there have been reports of
widespread extrajudicial executions,
NHRC recorded only two custodial death
cases in Tripura in 2000-2001, 1 custodial
death in 2001-2002 and 2 cases in 2002-
2003.9
Opposition leader Ratan Lal Nath of
the Congress alleged before a visiting
delegation of the National Human Rights
Commission in June 2004 that
paramilitary forces had killed 48 innocent
tribals during the first six months of
2004.10 Earlier, on 28 March 2004, Deputy
Inspector-General of Police (range) Akhil
Kumar Shukla reportedly issued a circular
directing officer-in-charges of police
Tripura
stations in Tripura to refrain from
disseminating any information to the
media or to any other quarter on such
killings.11
On 14 March 2004, Subodh
Debbarma, a tribal youth aged 27, was
killed by the 6th battalion of the Assam
Rifles posted at Gabordi area under
Srinagar police station after he was called
out of his house to act as their guide. An
investigation conducted by Indigenous
Nationalist Party of Tripura Vice-
President, Nagendra Jamatiya and the
local MLA Rajeshwar Debbarma found
that the Assam Rifles personnel shot dead
Subodh Debbarma at Shamukcherra
village, two kms away from Padmamohan
para. He was taken as a guide. On 15
March 2004, the Assam Rifles authority
claimed that Subodh Debbarma was a
cadre of the NLFT (Nayanbasi) group and
was killed in an encounter. However, the
residents of Padmamohan para and
Shamukcherra village reportedly claimed
that there was no encounter on the night of
14 March 2004.12
On 2 June 2004, Chief Minister Manik
Sarkar ordered a magisterial inquiry into
the killing of Subodh Debbarma.13
On 16 March 2004, Kuncharai Reang
and Maheshwar Reang were allegedly
extrajudicially executed at Chichingcherra
under Manu police station in Dhalai
district by the State police and Tripura
State Rifles personnel posted at Manu
police station. While Kuncharai was a
class IX student of Rabindranagar High
School in Kanchanpur subdivision,
231
INDIA HUMAN RIGHTS REPORT 2005
Maheshwar was a school-dropout and
learning driving. On 14 March 2004, the
victims were kidnapped from their village
by the NLFT with an intention to recruit
them. On 16 March 2004, they were
brought to Chichingcherra village. The
police happened to raid the NLFT camp on
that day. During the encounter, the NLFT
members allegedly used the victims as
shields, pushed them forward and they
themselves fled from the spot. Though the
youth allegedly raised their hands in
surrender, the police and TSR jawans
sprayed them with bullets. After killing
both of them the police claimed that they
were hardcore NLFT cadres.14
On 29 March 2004, Laxmipati
Malsum filed a complaint with the
Teliamura police station accusing that her
husband, Chandra Bahadur, a daily
laborer, was extrajudicially executed by a
combined force of state police and TSR
jawans on 22 March 2004. She said the
combined force conducted special search
operations at Chintakumar Roajapara
village under Teliamura police station, but
finding no member of the armed
opposition groups, they picked up her
innocent husband and later shot him dead.
The security forces, however, claimed that
an NLFT cadre had been killed in an
encounter.15
In March 2004, Chief minister Manik
Sarkar reportedly ordered a magisterial
inquiry into killing of Ramesh Debbarma
who was shot dead by the TSR jawans of
Radhapur outpost led by Naik Subedar
Dharma Sadhan Jamatia on the
232
Tripura
intervening night of 31 December 2003
and 1 January 2004. Ramesh Debbarma
was a class X student of Jirania High
School when he was going to his
grandfather’s house at Banskobra to attend
a ceremony on 31 December 2003. The
police claimed that the student was killed
during an encounter with the armed
groups.16
In early May 2004, at least 22 tribal
persons including women and children
were reportedly injured when the Assam
Rifles jawans led by Nayek M S Garowal
of Ratanpur post under Khowai police
station went berserk during a counter-
insurgency operation in Mandaibari
village of West Tripura district. A tribal
shopkeeper Sanjit Debbarma of
Mandaibari was brutally tortured, his shop
was ransacked and a cash of Rs. 2638 and
other valuables were allegedly looted by
the jawans when he pleaded ignorance
about the movement of armed opposition
groups in the area. He had to be admitted
in Khowai Hospital. The villagers lodged a
FIR at Khowai police station. According to
them, the security forces were drunk when
they rampaged the village and tortured
them.17
ii. Impunity
There is impunity for the security
forces. The state government had initiated
a Magisterial probe into the death of a
tribal youth named Biswas Singh Malsom
on 20 December 2003 at Watak Malsom
para under Birganj police station in an
alleged encounter with TSR in South
INDIA HUMAN RIGHTS REPORT 2005
Tripura. The outcome of the probe is still
awaited. Earlier, the state government had
also instituted a CID probe into the
mysterious death of a tribal youth,
Rathojay Jamatia in Assam Rifles’ custody
at Kanchanpur in North Tripura in June
2003. The CID officers reportedly claimed
to have found enough evidence of murder
of Rathojay Tripura in the Assam Rifles
custody. Similar cold-blooded murders of
surrendered armed opposition group
members by the police and security forces
were also reported from Takarjala, Jirania
and other disturbed areas in West Tripura
district.18 However, little action was taken
against the errant security personnel.
III. Abuses by the armed
opposition groups
The armed opposition groups have
also been responsible for gross violations
of international humanitarian laws
including violence to life and person, in
particular murder of all kinds, mutilation,
cruel treatment and torture and taking of
hostages. Chief Minister Manik Sarkar
informed the State Assembly on 13
December 2004 that altogether 69 people
were killed and 59 injured by the armed
groups in 2004.19 While it was difficult to
verify as to which particular groups were
responsible for the killings, all the armed
opposition groups were involved in the
violation of international humanitarian
laws.
i. Murder and indiscriminate killings
While both the tribals and non-tribals
Tripura
were victims of murder by the members of
the armed opposition groups, it appears
that political activists of the ruling
Communist Party of Tripura were specific
target.
Tribal victims
On the mid-night of 28 July 2004,
Kutainya Tripura, son of a CPM supporter,
Rasik Kumar Tripura of Baishnavpur
village under Manu police station in
Dhalai district was kidnapped by members
of the armed opposition groups at
gunpoint to show the way to Rishabari
across the hill. He accompanied them till
one kilometre and was then reportedly
shot from point blank range. On the
morning of 29 July 2004, police recovered
his bullet-riddled body from the jungles.20
On 23 October 2004, alleged members
of the National Liberation Front of Tripura
(NLFT-BM) reportedly shot dead Tribal
leader Gaganjoy Roaja, son of former
CPM legislator Andamohan Roaja, at
Durgapur under Gandacherra police
station in Dhalai district. Gaganjoy Roaja,
chairman of a local village council, was
reportedly taking tea at a local tea stall at
about 9.50 am when four insurgents
appeared there and opened indiscriminate
firing, killing him on the spot. A BSF
constable who was taking tea with
Gaganjoy also sustained serious bullet
injuries. Another TSR personnel posted at
Ratannagar camp was also killed in the
ensuing gun battle with the armed
opposition groups. Gaganjoy’s father,
Ananda Mohan Roaja was also shot dead
233
INDIA HUMAN RIGHTS REPORT 2005
by the NLFT on 18 October 1998.21
Even the children were not spared.
On 4 August 2004, alleged members
of the ATTF attacked the house of local
CPI(M) leader Madhusudhan Debbarma
and kidnapped his daughter, son and
nephew at gun point. The ultras later killed
all the three children at a nearby jungle.
Police recovered bodies of two of the three
victims.22
On 9 November 2004, one Rajendra
Debbarma, a resident of Dushki village
was forced by alleged members of the
ATTF at gunpoint to accompany them as
guide into the interior areas of the village
for extortion. After moving out of the
village, Mr Debbarma was hacked to
death.23
On 11 December 2004, alleged
members of the NLFT members reportedly
shot dead Usharani Debbarma and her
daughter Rina Debbarma on the spot.24 On
12 December 2004, a tribal villager
Manilal Debbarma of Damdom village
was shot dead by cadres of NLFT-BM at
Maipara under Fatikroy police station of
North Tripura district. The deceased along
with five other villagers had gone to
Maipara to collect incense sticks. NLFT
members suddenly appeared and fired
indiscriminately at them killing Manilal on
the spot. The other four managed to flee
from the scene.25
On 24 December 2004, Rabindra
Debbarma, tea garden manager was shot
dead by suspected members of the
National Liberation Front of Tripura
(NLFT-BM) at Bhavanipara under
234
Tripura
Srinagar police station. The alleged NLFT
members raided the house of Rabindra
Debbarma, manager of a local tea estate
and took him out from his room and fired
from point blank range. He died on the
spot.26
Even the mentally challenged persons
were not spared. On the night of 9 August
2004, a mentally retarded tribal civilian
was killed by suspected members of the
All Tripura Tiger Force at Sonai village in
Sadar (North) subdivision.27
Non-tribal victims
At around 10:30 pm on 13 March
2004, four members, including two
children, of a family of one Anil Deb, a
supporter of the ruling CPI-M, were shot
dead at Lembucherra under Kamalpur
police station in Dhalai district. The armed
opposition group members broke open the
door of the house and started firing from
their automatic weapons killing Anil Deb’s
sons Animesh (5) and Abhijit (8), wife
Karabibala and mother-in-law Laxmi Deb
on the spot. Their house was also set on
fire.28
On 19 March 2004, the armed groups
killed five non-tribal labourers and injured
two others in an attack on the Durga
brickfield in Champaknagar area under
Jirania police station of Sadar subdivision
in West Tripura district.29
On 7 June 2004, a group of alleged
NLFT (BM) members reportedly raided
the house of Tarani Debnath, the Pradhan
(village headman) of Kulai Gram
Panchayat at Ranratan Para under
INDIA HUMAN RIGHTS REPORT 2005
Ambassa police station and enquired of
him. Not finding Debnath at home, the
armed groups reportedly kidnapped his
daughter Aloka Debnath (13) at gunpoint.
While retreating they fired on two non-
tribals Bishwajit Rudra Paul and Rakhal
Adhikari - both residents of Kulai,
Gandacherra - who were returning from
Kulai market. They were reportedly
rushed to Kulai hospital, where Biswajit
succumbed to his injuries.30
On 20 October 2004, alleged NLFT
cadres killed four persons in two incidents
at Dabbari and Kucchuchara villages in
Dhalai district. Kalicharan Namashudra, a
resident of Dabbari village and his 10-
year-old son, Uttam were shot dead at
point blank range at Padmakumarpara area
under Kachucherra police station in Dhalai
district when they were returning home
from Durga Puja along with other villagers
on the night of 20 October 2004. Another
group of armed NLFT cadres broke into
the house of one Bimal and killed him and
his two-year-old son, Sagar, in the
Kachucherra police station area.31
On 27 October 2004, suspected
members of the armed opposition groups
reportedly killed two persons on the spot
and injured seven, four of them seriously,
when they ambushed a passenger jeep on
Tulashikar-Goaltilla road under Khowai
police station. Those killed were
Shibcharan Debnath of Basantilla and
Priyotosh Pal Choudhury of Dibodhya
area of Khowai sub-division. The four
critically injured persons were rushed to
the GB Hospital while others were
Tripura
admitted at Khowai hospital.32
ii. Kidnapping and abduction
Kidapping has become the cottage
industry of Tripura. While indigenous
peoples and non-indigenous peoples have
equally become victims of kidnapping,
tribals living in remote areas remained
more vulnerable to kidnapping. Members
of the ruling Communist Party became
specific target. Different armed opposition
groups had reportedly kidnapped 83
civilians in 2004. Although 40 persons
returned home safely, about 43 abducted
persons were missing at the end of the
year. 33
Tribal victims
On 17 January 2004, Joy Kumar
Tripura, CPI (M) leader and chairman of
North Gokulnagar Village Council under
Teliamura police station in West Tripura
district was kidnapped from his house.34
On 8 March 2004, alleged members of
the NLFT reportedly raided the
Chikoncherra village in Dhalai district and
searched for CPM leader, Dashendra
Tripura. Not finding Dashendra Tripura,
they abducted 50-year-old tribal jhum
cultivator, Jalashanti Tripura, at gunpoint.
They also allegedly threatened the
farmer’s family and other residents of the
village with dire consequences if they
informed police about the incident.
However, Dashendra Tripura’s wife
lodged a complaint at the Manu police
station.35
Suspected NLFT (Biswamohan
235
INDIA HUMAN RIGHTS REPORT 2005
faction) members kidnapped Rabijoy
Jamatia, in charge of tribal welfare at
TTAADC, from his residence at Hatichara,
South of Maharani in South Tripura
district on the night of 30 June 2004.
Jamatia´s bodyguard, Muhim Debbarma
could not put any resistance as he was
disarmed by the armed group.36
On 5 July 2004, insurgents of NLFT
(BM) kidnapped Rama Kumar Debbarma
of Daharampara and his sister from
Chandraipara under RK Pur police station
of West Tripura.37
On 26 August 2004, alleged members
of the ATTF raided the house of one
Hrishamoni Debbarma, Chairman of a
local Panchayat body and kidnapped his
son Suraj at gun point from Belcherra
under Khowai police station.38
On 24 September 2004, alleged
members of the NLFT kidnapped
Madhuram Debbarma, a rubber cultivator
by profession, Dilip Debbarma and Arun
Orang of Kachubari village under
Champahowar police station of West
Tripura.39
On the night of 11 October 2004,
alleged members of the National
Liberation Front of Tripura reportedly
raided Chhagaldema village in North
Tripura district and kidnapped two
villagers, Bishak Debbarma and Pradip
Debbarma.40
On 18 October 2004, Jawhar
Debbarma and Mohanta Debbarma were
reportedly kidnapped by NLFT from
Kalatilla under Kumarghat police station.
The victims belonging to Rajkandi
236
Tripura
reportedly went to Kalatilla, 25 km from
police station, for collecting bamboo along
with another villager, Kunjalata
Debbarma. According to Kunjalata, three
armed rebels appeared there and abducted
Jawhar and Mohanta at gun point and
retreated towards dense forest.41
Non-tribal victims
On 9 March 2004, Anukul Das, a jeep
driver, who was kidnapped from Barcherra
under Kanchanpur subdivision in January
2004 was released after his family paid a
hefty ransom for his release. Das, who
complained to the Kanchanpur police,
failed to disclose anything on the fate of
passenger Jamini Sutradhar, who was
kidnapped along with him.42
On the night of 26 April 2004, alleged
members of the Borok National Council of
Tripura (BNCT) reportedly raided
Chhantail village in North Tripura district
and kidnapped one Srikanta Ghosh from
his house.43
On 8 June 2004, alleged members of
the banned ATTF raided a railway work
site at Gandharlong Bari and kidnapped
two of the workers- Ranik Roy and Arun
Nama- at gunpoint.44
On the mid-night of 6 June 2004,
alleged ATTF cadres reportedly stormed
the house of one Tarani Debnath at a
remote hamlet under Kulai police station in
Dhalai district and killed him. The ATTF
cadres then kidnapped his 13-year-old
daughter Jhuma Debnath, a student of class
VII.45
On 13 June 2004, the ATTF cadres
INDIA HUMAN RIGHTS REPORT 2005
kidnapped five traders from Karangicherra
village, a village on the India-Bangladesh
international border in West Tripura, when
they were on their way to sell jackfruits in
a border marketplace.46
On 14 June 2004, a group of NLFT
cadres abducted 40 businessmen at
gunpoint from Kanpui area of Tripura-
Mizoram border in North Tripura when the
traders were going to a weekly market in
two trucks. Later, the NLFT members
released 16 businessmen and abducted the
remaining.47
The NLFT demanded Rs 50-lakh
ransom for the release of 24 traders. As the
family members of the petty traders
expressed their inability to pay out the
huge ransom money, the demand was then
reduced to Rs 10 lakh. Yet, the families of
the abducted traders were not in a position
to meet the demand of Rs 10 lakh. Local
businessmen, however, collected Rs 4 lakh
and handed over the amount to the NLFT.
The kidnappers released first three and
then 15 hostages in two phases.48 But six
traders identified as Bapi Roy, Moran Roy,
Mahim Roy, Sukhmoy Nath, Tapan Nath
and Nani Nath did not return. The victims
had reportedly fallen ill in the hideouts
during their captivity. As the condition of
the deceased continued to deteriorate and
“could not move”, they were pushed down
to death from hill top alive, claimed one of
the freed hostages.49
On the night of 17 November 2004,
alleged NLFT (BM) cadres reportedly
abducted two tea labourers, Balaram
Koiri, 65, and Chhota Koiri, 23 from
Tripura
Sarojini tea estate of Kailasahar, North
Tripura.50
On 28 October 2004, National
Liberation Front of Tripura (NLFT-BM)
reportedly raided the house of Narayan
Pau, a rickshaw-puller by profession, at
Dingdongpara in Amarpur subdivision in
South Tripura and kidnapped him at
gunpoint.51
IV. Violence against women
The overall women police officers in
the State amounts only 5.3 percent of the
total police force in the State.52 The lone
women police station set up in the state
capital, Agartala 2002 has virtually turned
into a chamber of torture and repression.
In 2004, all the 14 staff of the women
police station, including Officer-in-
Charge, Ila Deb, were transferred for not
arresting a criminal accused of rape
despite identification by the victim. On 8
August 2004, wife of a labourer, Dilip
Chakraborty, who was gang raped went to
file a complaint at the women police
station. Three persons were brought to the
police station for identification by the
victim. Although the victim identified one
of them as rapist, the accused was let free.
In another incident of atrocity, Rita Banik,
a housewife, was beaten severely inside
the police station in February 2004 by the
lady police officers when she went to file
a complaint pertaining to domestic
violence. The victim had to be
hospitalized for several days.53
The women continued to be victims of
human rights violations both by the security
237
INDIA HUMAN RIGHTS REPORT 2005
forces and armed opposition groups.
i. VAW by the security forces
The security forces were responsible
for violence against women (VAW).
On 20 August 2004, an eight-year-old
girl was allegedly raped by police
constable Nani Gopal Sarkar at West
Durgapur village under Amtali police
station. The victim, a resident of West
Durgapur village, reportedly went to graze
her goats in the field when the accused
police constable lured her by offering
snacks to eat. The accused then took her to
a nearby deserted field and raped her
repeatedly. The father of the victim
subsequently lodged an FIR and the culprit
was arrested.54
On 6 November 2004, a group of
CRPF jawans based in Teliamura allegedly
gangraped three tribal women at Debtabari
village55 in West Tripura during an anti-
insurgency operation.56 The jawans
ransacked some tribal houses and severely
beat up the family members, who had
nothing to do with militancy, seriously
injuring eight tribal youth. The CRPF
jawans then took three tribal women to the
nearby jungle at gun-point and gangraped
them. The women returned to the village
but did not file any complaint with the
police because of fear of reprisal from the
security forces. When a delegation of
INPT leaders visited Debtabari village on
13 November 2004, it was informed of the
rape. A complaint was then registered with
the Teliamura police station.57
On 24 December 2004, a jawan of 2nd
238
Tripura
Battalion of the TSR identified as Pintu
Majumder was arrested on charge of
raping a tribal girl at Debra under Sidhai
police station. The accused is reportedly
the driver of the TSR battalion. According
to the police, Pintu Majumder carried
away the girl who along with another girl
was returning home from Asrai market, to
a nearby hut and raped her. He fled away
leaving the girl groaning with pain. After
his arrest, he was remanded to 14-day
judicial custody.58
ii. VAW by the armed opposition groups
The armed opposition groups were
also responsible for violence against
women.
Six Chakma tribal women, including
two minor girls, were gang raped and one
Gunachitra Chakma was beaten to death
on the spot by the members of the armed
opposition groups at Baisyaram
Karbaripara, a Chakma dominated tribal
village under Chawmanu police station
limits in Dhalai district on the night of 11
March 2004. Fourteen more Chakma tribal
people were also severely beaten up by the
armed opposition groups. At around 8.30
pm of 11 March 2004 a group of 16 armed
tribal youth arrived at Baisyaram
Karbaripara village and demanded food
from the villagers. After having their
dinner they asked the male folks of the
village to stand in a line, and brutally
beaten all. Gunachitra Chakma, who was a
CPM worker, was beaten to death on the
spot. Soon after that the gunmen entered
into the houses and started raping the girls
INDIA HUMAN RIGHTS REPORT 2005
and housewives. Before leaving, the
marauders also looted the belongings of
the villagers. As soon as the gunmen left
Baisyaram karbaripara, panicked villagers
rushed to Chawmanu police station and
sought shelter from the police. They were
later housed at Chawmanu government
rest house.59 On 22 March 2004,
Chawmanu police arrested Baranda
Tripura, the alleged prime accused of
Paisharam Karbari para gang rape from his
house at Gandhiram Colony. Barnada is a
student of class X of Chawmanu school.
Police has taken him in their custody on a
remand of ten days. He was allegedly
instigated to commit the crime along with
some other local youths by Ratnajoy
Tripura, a leader of a newly formed
outfit.60 The gang rape forced 753 persons
including minors belonging to the Chakma
community to take shelter in three
different schools of Chawmanu following
the incident. They have neither been
rehabilitated nor given any assistance.61
On 22 November 2004, members of
the NLFT allegedly raped two daughters
of Gachhindra Reang and ransacked the
entire Rajkandi village under Kumarghat
police station of North Tripura. In a
written complaint to the police on 28
November 2004, the villagers said that a
17-member group raided the village on 22
November 2004 and indulged in an orgy of
loot and plunder. The residents were
forced to cook food for them and then
collected Rs 100 each from 19 of the 40-
odd families staying in the village. The
village chief, Kumbharam Reang, was
Tripura
forced to part with Rs 22,000. Those who
did not have money were thrashed
severely. After the looting spree, the NLFT
cadres broke into the house of Gachhindra
Reang and raped his two daughters. The
NLFT cadres allegedly warned the
residents of dire consequences if they
brought the incident to the notice of the
police.62
V. Economic status of the
indigenous peoples
The economic status of the tribals who
constitute about 30.95% of the total
population of the state according to the
2001 census63 remained deplorable.
About 50,000 tribals who are victims
of insurgency in remote areas have been
deprived of civic amenities. Development
activities in these areas have collapsed.
The State government ultimately proposed
94 “cluster villages” in all the four districts
covering at least 30,000 families and
37,000 hectares of land with the intention
of bringing the remote and undeveloped
hamlets nearer to mainstream society
along the national highways. The Centre
had implemented similar counter-
insurgency programmes against the MNF
in 1960s in Mizoram.64 The Supreme
Court, however, stayed the conversion of
forest areas.
The death of tribal people due to
enteric problems each year is a ritual. In
May 2004, the Tripura government
admitted in the state Assembly that
altogether 165 people - almost all of them
tribals -died of enteric diseases in 2004 in
239
INDIA HUMAN RIGHTS REPORT 2005
27 villages under Chawmanu block in
Dhalai district and seven villages under
Tulasikhar block in West Tripura district.
Of them, 128 people died in Chhawmanu
block alone. The tribals were forced to
consume the wild, inedible fruits and
contaminated water because of a severe
food crisis and total collapse of all
development work.65 During the last five
years 93,000 people have been affected by
diarrhea while 72,000 more were attacked
by malaria in these places.66
The State government also
approached the German government to
rehabilitate the tribals. The German
government is reportedly considering
providing Rs 90 crore at the request of the
State government of Tripura to rehabilitate
20,000 jhumia tribal families by adopting
various development schemes such as
social forestry, rubber plantation, bamboo
plantation, fishery and animal husbandry.
The plan will be implemented in Dhalai
and North Tripura districts in the next five
years. A high level delegation of the
German team reportedly visited Agartala
on 19 November 2004 to shape up the
project.67
VI. Internally Displaced Persons
A large number of people have been
displaced in Tripura as a direct consequence
of insurgency related violence. Between
January 1999 to November 2003, a total of
47,782 persons - both tribals and non-
tribals- were displaced. Most affected were
Bishalgarh and Khowai in West Tripura
district. While in Bishalgarh 12,800 people
240
Tripura
were reportedly displaced, 9,598 people
were displaced in Khowai sub-division.
However, there were no displacement in
four subdivisions - Kailashahar,
Dharmanagar (both in North Tripura),
Sonamura in West and Sabroom in South
Tripura.68
About 50,000 families are likely to be
displaced due to fencing of Indo-Bangla
border in Tripura.69 The Central
government has earmarked allocation
worth Rs 140 crore to implement the Indo-
Bangla border fencing in Tripura.70
Tripura government has no policy
towards the internally displaced persons.
About 753 Chakmas belonging to 142
families who were displaced from
Chawmanu after the attacks by armed
groups were not rehabilitated. By 2004,
the State government took no action for
their return with safety and security.71
VII. Prisoners
About 300 prisoners were denied
access to speedy justice without trial
under the provisions of a lapsed
amendment of the Criminal Procedure
Code made by the state government in
2003. On 26 May 2003, the State
government tabled an amendment of
clause 439-A of the Criminal Procedure
Code, seeking to extend the period of
detention without trial from 60 days to
120 days and from 90 days to 180 days for
criminal offences of varying nature. The
amendment was passed in the State
Assembly on 28 May 2004. However,
since it was under concurrent jurisdiction
INDIA HUMAN RIGHTS REPORT 2005
it had to be sent to the President for his
assent. In order to enforce the amendment
early, the State government promulgated
an ordinance on 18 July 2003. According
to Article 213 of the Constitution, the
ordinance needed to be ratified by the
State Assembly in its next session, which
commenced from 19 September 2003. But
this was not done, and according to
constitutional provisions the ordinance
Tripura
became ineffective within six weeks from
October 31. This failure on the part of the
state government to ratify the ordinance
had created many complications in
judicial functioning. While a section of
judges continued to stick to the lapsed
ordinance and sent undertrials to jail
custody for periods of 120 and 180 days
for varying offences, others refused to
take cognisance of it.72 ■
241
INDIA HUMAN RIGHTS REPORT 2005 Tripura

242
C h a p t e r
25
Uttar Pradesh

I. Overview

R
uled by Samajwadi Party, Uttar Pradesh recorded highest
number of custodial deaths in India in 2004. According to the
National Human Rights Commission, during 2003-2004 it
recorded 217 custodial deaths - 18 in police custody and 199 in
judicial custody.1 While the Uttar Pradesh State Human Rights
Commission received 1265 complaints in 2002-03, the number
swelled to 2052 in 2003-04. Most of these complaints were against
police personnel.2 The police personnel continued to be responsible
INDIA HUMAN RIGHTS REPORT 2005
for arbitrary arrest, detention, torture, rape
and custodial death and violence against
the Dalits.
Uttar Pradesh also reportedly topped
the list of harassment cases against women
in India in 2003. Out of 5,160 complaints
of atrocities and harassment against
women received by the National
Commission for Women in 2003, as many
as 2,580 cases were reported from the
state. 3 The women were subjected to rape,
domestic violence, honour killings and
dowry deaths.
The Dalit women were extremely
vulnerable. They are tonsured, stripped,
paraded naked and raped. The Dalits also
faced physical violence including killing
at the hands of the upper castes. They are
also deprived of the lands allotted to them.
On 28 July 2004, Mansaram, a Dalit
farmer, committed suicide in Ramnagar
Tehsil in Barabanki district after the Uttar
Pradesh Sahkari Gram Vikas Bank
arbitrarily auctioned off his tractor and
land for a paltry sum without following
procedures.4
Land grabbing from the Dalits has
been widely reported. Yet, on 26 July
2004, the State cabinet decided to
introduce amendments in the UP
Zamindari Abolition and Land Reforms
Act 1950 to lift the ban on sale of land
owned by Dalit farmers. As per the
existing Act, any Dalit owning 3.125 acres
or less land is not allowed to sell the same
to non-dalits. Lifting the ban on sale of
land owned by dalit farmers would pave
the way for malpractices. Atrocities and
244
Uttar Pradesh
violence by the upper castes to force the
Dalits to sell their lands would also
intensify.5
Adivasis in Sonebhadra district and
Dalit families in Gorakhpur district have
been facing severe starvation. In Raup
village in Sonebhadra district, there were
reports of death of many tribal children
due to hunger in 2003. Many tribal
families survived by eating roots and
leaves of plants. In September 2004, the
Supreme Court reportedly issued notice to
the state government to take steps to
guarantee the right to food of the affected
persons.
Though 19 policemen were killed in a
landmine blast by suspected Naxalites on
20 November 2004 at Naugrah of
Chandauli district, according to state
Revenue Minister Ambika Chowdhary
only seven incidents of violence by
Naxalites were reported in 2004 as against
27 incidents in 2002. The state
government has been spending Rs 13.2
crore annually on the Central paramilitary
forces deployed in Chanduli, Mirzapur and
Sonebhadra districts.6
II. Atrocities by security forces
i. Arbitrary deprivation of the right to life
According to the National Human
Rights Commission, during 2003-2004 it
recorded 217 custodial deaths from Uttar
Pradesh - 18 in police custody and 199 in
judicial custody.7 The NHRC had
registered 159 custodial deaths in 1999-
2000, 131 in 2000-2001, 194 in 2001-2002
and 185 in 2002-2003.8
INDIA HUMAN RIGHTS REPORT 2005
On 19 May 2004, 80-year-old widow,
Mangla Devi, allegedly died due to brutal
beating by four constables headed by Sub-
Inspector, Amod Kumar Singh who raided
her Kanghi Tola residence in Sarai Maali
Khan area of Thakurganj, Lucknow. The
police team had gone to arrest Mangla
Devi’s son Suresh, an accused in a robbery
case. But not finding Suresh in the house,
the cops vent their ire on the weak and frail
woman. An hour after they had left the
house, the widow succumbed to her fatal
injuries. In-charge of Kakori police
station, senior sub-inspector AK Singh,
Sub-Inspector Amod Kumar Singh and
four constables identified as Gajendra
Singh, Ram Parvesh, Asharfi Lal and Sri
Pal, were reportedly suspended following
public protest. An inquiry report submitted
by additional Superintendent of Police
(Rural areas) found that charges against
the cops were prima facie true.9
On 7 July 2004, a 35-year-old
mechanic identified as Rajiv Sharma s/o
Vishnu Avtar Sharma allegedly died in the
police custody of the Sadar police station
of Meerut. He was picked up from his
house at 10 am on 6 July 2004 by the police
from Sadar police station for interrogation
in connection with his alleged involvement
in a theft case of 12 gms of gold ornament
in June 2004. During interrogation the
police allegedly brutally beat him up and
resorted to third degree torture. Apart from
these, he was allegedly forced to drink
excess of water while being beaten up.
After his death, the police allegedly tried to
give the incident a suicidal colour and sent
Uttar Pradesh
his body to the district government
hospital. The police officials wanted the
deceased to be admitted there, but the
doctor on duty refused. Later the police
claimed that Sharma’s body was found
hanging from a ventilation window inside
the toilet of the police lock-up room.
Following Sharma’s custodial death the
local residents attacked the police station
and torched some police vehicles. Seven
police officials were reportedly suspended
after a preliminary enquiry.10
On the night of 3 August 2004,
Bhanumati, a pregnant Dalit, was allegedly
brutally beaten up by policemen at Simra
village in Pilibhit district. She died the next
day of the beating. The husband of the
deceased, Rameshwar Jatav lodged a
complaint against the police.11
On 1 February 2004, four persons,
including Jalaun district’s Samajwadi
Party chief Surendra Niranjan and his
brother Mahendra, were killed and over
two dozens people were reportedly injured
in police firing at Konch police station in
Jalaun district. Samajwadi Party district
chief Surendra Niranjan and his brother
led a mob to the police station in protest
against the detention of some people on
the night of January 30 following the death
of a person in a group clash.12
On 24 October 2004, one person was
killed in police firing and nine, including
six policemen, were injured in clashes
between the police and a group of persons
who laid siege to the Bakhira police station
in Sant Kabir Nagar. The group attacked
the police station following rumours that
245
INDIA HUMAN RIGHTS REPORT 2005
policemen were trying to immerse some
idols of goddess Durga in the morning of
24 October 2004, as those had not been
immersed on the previous night.13
In April 2004, the NHRC also ordered
the state government to pay an interim
compensation of Rs 1 lakh to the kin of
Harjinder alias Jinda, an undertrial who
died in police custody on 19 August 1999.
Earlier in May 2001, NHRC issued the
direction for giving compensation but the
State Government urged that there was no
justification for grant of compensation as a
CID inquiry had found that the undertrial
died by jumping into a nallah, canal, while
being taken to the court and allegation of
torture by the police was not established.
Stating that the police officials escorting
the undertrial did not take care to prevent
the risk of “avoidable harm” to him, the
NHRC ruled that the Government was
“vicariously liable” in the matter.14
In April 2004, the NHRC directed the
Uttar Pradesh Government to pay Rs 1 lakh
as interim relief to the next of kin of an
undertrial prisoner Sher Mohammad, who
died in police custody on 23 February 1996,
a day after his arrest. The magisterial inquiry
report stated that Sher Mohammad was
beaten up by the Station House Officer and
had died as a result of police torture. The
post mortem report found out that his death
was caused by shock and haemorrhage due
to injuries in police custody.15
ii. Torture
Police torture is rampant in Uttar
Pradesh.
246
Uttar Pradesh
On 25 January 2004, one Pankaj Giri,
a tea vendor, was allegedly thrown off the
speeding Chhattisgarh Express by three
Government Railway Police (GRP)
constables near Kosi Kalan in Mathura
district. However, Pankaj survived having
lost his both legs in the incident. The
victim alleged that the GRP constables
tried to kill him when he refused to accede
to their demands for money.16
On 7 June 2004, one Brahma Dutt
Tyagi alias Titu was picked up by Sub-
Inspector Amir Kumar, in-charge of the
Rajinder Nagar police station in
Ghaziabad district and was illegally
detained in the police station for three
days. He was allegedly tortured brutally.
The Sub-Inspector allegedly demanded Rs
30,000 from the victim for his release.
Soon after he had been released from the
police lock-up, he was arrested again for
allegedly possessing drugs and sent to jail.
The victim was allegedly picked up after
his car broke down near Sahibabad
Railway Road on the way to Delhi.17
On 11 October 2004, eight persons
were reportedly injured, one of them
critically, when an army jawan fired from
his gun following an altercation between
him and some persons including a tempo
driver over hire charges at the Belthra
Colony in Balia district. The accused
jawan was later arrested by the police.18
III. Violence against women
The National Commission for Women
(NCW) reportedly received as many as
2,580 complaints from Uttar Pradesh out
INDIA HUMAN RIGHTS REPORT 2005
of 5,160 complaints of atrocities and
harassment against women across the
country in 2003.19 There were reports of
honour killing and custodial rape. Dalit
women became easy target for inability of
their husbands to pay debts.
On 21 November 2004, an upper caste
girl identified as Ruby was allegedly
murdered by her parents at their house at
Alipur Morna village under Hastinapur
police station in Meerut district and later
threw her body in the Ganges near
Mukhodoompur village for the “sake of
honour”. She was reportedly in love with
her Dalit neighbour, Yogendra Jatav. When
Ruby was fast asleep, her parents allegedly
entered her room. While her mother, Reeta
Sharma held her legs tight, her father
Jayanta Prasad choked her breath till she
died. They later confessed their crime, and
have been sent to jail on charges of
murder.20
On 7 July 2004, a police constable,
Arjun Singh was suspended and sent to jail
for allegedly raping Munni and Shabnam,
inmates of the Women Protection Home,
Agra.21
On 25 August 2004, two police
constables - Jai Veer Singh and Prem Pal
Singh of Agra allegedly abducted a 21-
year-old poor housewife, Dayawati and
sold her off for Rs 20,000. When her
hapless husband, Sanju - who irons clothes
and uniforms of cops at the Reserve Police
Lines in Agra - went to the policemen to
look for his wife, they struck another deal
with him. They promised to fetch the
woman back for Rs 30,000. On 26 August
Uttar Pradesh
2004, Sanju reportedly recorded his
statement before a senior police officer
saying his wife had been kidnapped by the
two constables and sold her off to one Raju
in New Delhi for Rs 20,000. On 27 August
2004, Agra Senior Superintendent of
Police, Raj Kumar Vishwakarma said an
inquiry had been instituted under
Additional SP (City) Gulab Singh. He,
however, tried to absolve the accused
policemen. According to him initial
reports indicated Dayawati had eloped and
married someone else. 22
On 15 September 2004, a woman
undertrial prisoner, was attempted with
rape and later brutally beaten up by four
police constables at a transit lock-up at
Hamirpur district court compound. The
victim was taken to the Hamirpur district
court for hearing; but as judicial work was
suspended on that day owing to the
statewide strike by lawyers, she was
lodged at a transit lock-up of the court
compound. Suddenly some lawyers at the
Court compound heard a cry for help and
tracing the cry, they reached the transit
lock-up where they found the victim was
scuffling with some male police
constables. No woman police was present
there. The victim alleged that the police
constables had tried to rape her. The two
women inside the cell as well as a few
undertrials at the men’s lock-up
corroborated her allegations. The lawyers
took the girl before the district judge, who
in turn directed a chief judicial magistrate
(CJM) to record statements of the victim
in-camera. She was, however, sent back to
247
INDIA HUMAN RIGHTS REPORT 2005
the transit lock-up where she was brutally
beaten up, leaving her with a fractured
hand and a bleeding head. A medical
report, which was sent to the court,
confirmed her injuries due to severe
beating. The authorities concerned,
however, did not even order an inquiry
into the incident, leave alone taking any
action against the guilty police personnel.23
On 27 November 2004, two constables
identified as Gajbe Alam and Ram Ratna
posted at Alambagh police station in
Lucknow allegedly illegally detained a
young woman alongwith a friend of her for
two hours and extorted Rs.7,000 and a
mobile phone from her. The woman also
accused the constables of molesting her. On
receiving a complaint from the victim, the
police arrested the accused.24
On the night of 15 December 2004, six
policemen including Station House Officer
of Aliganj police station in Bareily town
allegedly raided the house of one Nempal in
connection with a case of looting. As the
suspect Nempal was not found, the police
team allegedly brutally beat up his wife
Premvati. She was seven-month pregnant.
She sustained serious injuries, and suffered
miscarriage due to the beating. Following a
complaint on 17 December 2004, an
inquiry was conducted by the
Superintendent of Police who found the
allegations of beatings by the policemen
prima facie true. The six policemen
identified as SHO of Aliganj police station,
Vipin Tyagi, Krishan Pal Singh,
Ishalamudin, More Mukut, Rambhajan and
Rajbhadur were suspended.25
248
Uttar Pradesh
On 20 December 2004, police raided a
series of cyber cafés in Agra and arrested
42 persons in the age group of 16-19 years
for allegedly surfing pornographic sites.26
On 21 December 2004, police conducted
similar raids in Aligarh, where many
teenaged boys and girls were harassed and
humiliated. During a raid on a cybercafe in
Civil Lines area of Aligarh, a male officer
allegedly dragged a girl student by her hair
and forced her to face the camera of a local
news channel.27 Six girls were taken to
police station and later released.28 No
women police was reported to be present
during the raid.29 On 24 December 2004,
the NHRC took suo motu cognizance of
the report of alleged police high-
handedness during the raids, and sought
report from the state government within
two weeks.30
On the night of 15 January 2004, 35-
year-old Kamlesh, mother of four, was
allegedly beaten, stripped and set on fire in
Bohich village in Buland Sharh district by
three people of the same village. In the
absence of her husband Sukhvir, the victim
was sleeping with her four children at
home when she was attacked. She later
died in a hospital. The cause behind the
humiliation and murder was suspected to
be non-payment of loan of Rs 20,000
taken by Sukhvir from one of the three
assailants, Mahesh, on the condition that
Mahesh would get a part of Sukhvir’s land
if he could not repay.31
On the night of 22 February 2004,
seven tribal girls were allegedly gang-
raped by unidentified armed persons at a
INDIA HUMAN RIGHTS REPORT 2005
brick-kiln at Pipra Jatampur village under
the Kubersthan police station in
Kushinagar district. The victims were
workers at the brick-kiln.32 Initially the
police had allegedly refused to lodge a
case. Only after the visit of Deputy
Inspector General of Police on 26
February 2004, three days after the rape,
the case was registered.33
On 15 June 2004, an NGO, Bachpan
Bachao Andolan, carried out a raid in the
Great Roman Circus at Gonda, following a
complaint filed by the parents of 11 girls,
and rescued some of them. The others
could not be freed as the district authorities
had allegedly “tipped off” the circus
management which had hid them. The
minor girls were allegedly forced to work
as bonded labourers and sexually
exploited by the owners.34
IV. Atrocities against the Dalits
In Uttar Pradesh, many tehsil officials
have allegedly openly joined hands with
members of upper castes to usurp the lands
of the tribals, backwards or Dalits. In one
such instance, in Manikpur in tehsil Karvi
in Chitrakoot district in 1994, the police
filed complaints against Nayab Tehsildar
under sections 420, 467, 468 and 471 of
Indian Penal Code accusing him of
manipulating revenue records to show
living people as dead with a view to let
affluent people from upper caste usurp the
land of lower caste people. In this case, 21
people including two were Kanungoes and
three lekhpals were named as accused. The
district administration took necessary
Uttar Pradesh
action and returned the lands to the owners.
But, in the meantime, land mafia came into
picture and obtained a stay order from the
court. Since then the pleas of the petitioners
were allegedly not heard. In Ajitpara village
of Banda district, 22 people were shown as
dead and their lands had been given to
others. The case filed in the in court has
been dragging for the last one decade.35
Yet, the Cabinet of State government
decided on 26 July 2004 to introduce
amendments in the UP Zamindari Abolition
and Land Reforms Act 1950 to lift the ban
on sale of land owned by Dalit farmers. As
per the existing act, any dalit owning 3.125
acres or less land is not allowed to sell the
same to non-dalits. Lifting of the ban would
pave the way for malpractices and atrocities
and violence by the upper castes against the
Dalits will intensify in order to force them
to sell their lands.36
On 2 March 2004, two Dalits were
reportedly shot dead at Gopiganj area in
Bhadohi district by gunmen. The cause
leading to the killing was believed to be a
dispute over cultivation. An FIR was
registered against four people in this
connection but no arrest was made.37
On the evening of 25 July 2004, upper
caste members allegedly pulled down the
house of Gaya Prasad, a Dalit at Dulapur
village of Sultanpur district. The upper
caste members also set ablaze two
thetched houses and roughed up a woman
in the same village. Gaya Prasad
reportedly lodged a complaint with the
police and a case was registered in the
Mushiganj police station.38
249
INDIA HUMAN RIGHTS REPORT 2005
On 28 July 2004, Mansaram, a Dalit
farmer, committed suicide in Ramnagar
Tehsil in Barabanki district. Two years
ago, Mansaram’s father Kallu and two
neighbors had taken a loan to buy a tractor.
But the UP Sahkari Gram Vikas Bank
auctioned off the tractor and his land for a
paltry sum when they failed to repay the
debt. An inquiry committee found the
district administration guilty of not
following procedures while auctioning off
the land. Chief Minister Mulayam Singh
Yadav suspended the District Magistrate
of Barabanki and five senior officials. The
CM cancelled the auction and announced
Rs 1 lakh as compensation.39
In August 2004, one Nathu, a Dalit of
Nalgarha of Gautam Budh nagar district
filed a complaint with the National Human
Rights Commission alleging forcible
seizure of Dalits’ land by some influential
people of Nalgarha village in connivance
with officials in Sutyhana, Shahdar, Garhi,
Mohiyapur and Nalgarha. The Dalits had
been given the title deeds for these lands.
When the Dalits protested, they were
allegedly beaten up and some of them had
to be hospitalised. When a complaint was
lodged with the police, some people were
taken into custody; but no criminal case
was registered against them. They were all
set free later.40
On 21 December 2003, two Dalit
youth - Vikas, a brick kiln labourer and
Munish, a carpenter, were killed by some
upper caste Rajputs in Santagarh village in
Saharanpur district for winning a cricket
match. A fact-finding team of the PUCL
250
Uttar Pradesh
reportedly found that the culprits in
connivance with the police fabricated the
FIR and included the name of the wrong
persons. Police were abysmally slow to
investigate the case and four other men
mentioned in FIR were yet to be
identified.41
On 4 June 2004, two Dalit minors
were reportedly kidnapped from
Naurachandpur village and killed.42
On 28 June 2004, a Dalit woman was
tonsured, stripped naked and forced to
march through the streets at Sirohadeeh
village in Ballia district after the village
panchayat found her “guilty” of adultery
following a complaint by the woman’s
husband. Police reportedly arrested eight
panchayat members.43
On 30 July 2004, 20-year-old Ramrati,
a Dalit woman from Karanpur village in
Mohanlalganj on the outskirts of Lucknow
delivered a still-born child at the gate of
the Community Health Centre,
Mohanlalganj, after she was refused
treatment since her mother expressed
inability to pay up Rs 10,000 for the
delivery. Two inquiries were ordered into
the incident. Both came up with
completely contradictory reports.44
On 31 August 2004, members of the
Rajput community allegedly beat up three
Dalit youth, including a physically
challenged person, and hanged them
upside down in a well for washing their
hands at the tubewell belonging to one
Kalu Rajput, an upper caste, in Sisana
village of Baghpat district. The Dalit
victims filed an FIR against seven people
INDIA HUMAN RIGHTS REPORT 2005
of the Rajput community in the local
police station. Hundreds of Dalits
demonstrated at the camp office of the
District Magistrate, Bagpat on 1
September 2004 protesting against the act
of brutality.45
On 29 September 2004, the upper
caste students of Gora Primary School,
near Lucknow, reportedly refused to have
mid-day meal with their Dalit classmates.46
In October 2004, over 100 children
belonging to upper caste community of a
government primary school in village
Magla Moosa near Modinagar in
Ghaziabad district reportedly refused to
eat the food cooked by a Dalit woman
under the mid-day meal plan. The matter
came to light after an inspection team of
state education department visited the
school for supplying the meal.47
V. Prisons and prisoners
Prison conditions were deplorable and
prisoners were subjected to abuses by the
Uttar Pradesh
inmates, often dreaded criminals as well as
the prison staff.
In January 2004, the NHRC sent a
show cause notice to the state government
asking why interim compensation should
not be given to the next kin of an
undertrial, Kolumbus, who died on 8
September 2003 after he was slashed with
a knife and razor by three other inmates in
a court lock-up in Lucknow. The NHRC
said it was a matter of “serious concern”
that sharp-edged weapons were available
to prisoners in the lock-up.48
On 22 April 2004, the Allabahad
High Court directed the Uttar Pradesh
government and IG prisons to submit
within two months the report of prisoners
languishing in all UP jails for more than
14 years, and directed them to ensure
disposal of all pending applications. The
order was passed following a petition
filed from jail by a life convict Bachey
Lal, who had served 14 years in Varanasi
Jail.49 ■
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INDIA HUMAN RIGHTS REPORT 2005 Uttar Pradesh

252
C h a p t e r
26
Uttaranchal

I. Overview

H
uman rights situation in the Congress ruled Uttaranchal
remained disturbing. On 26 July 2004, 60-year-old, Baba
Uttarakhandi died after observing 37-day fast over the
demand for establishment of the permanent capital at Gairsain
instead of temporary capital at Dehradun. He was rushed to the
hospital at the last moment and died of cardiac arrest.1
The crime graph in the state was reportedly rising and
policemen themselves were responsible for many incidents. In 2003,
INDIA HUMAN RIGHTS REPORT 2005
nearly 20 police personnel were suspended
for different offences. In January 2004,
Navin Kumar, a police constable, and two
other state police personnel were arrested
for a robbery at a house in the Balbir Road
area. Gold ornaments weighing one kg, a
computer and a Santro car were reportedly
recovered from Navin Kumar’s house.2
The police arrested traffic constable Vinod
Kumar on charges of raping a fourteen-
year-old minor girl in Rudraprayag district
on 2 December 2004.3
II. Atrocities against the Dalits
About 150 Dalit families of
Ambedkar settlement in Shaheed Udham
Singh Nagar district have reportedly been
denied the right to food, justice,
rehabilitation and land rights since their
illegal eviction in 1993 despite Supreme
Court ruling of February 2004 in their
favour. In February 2004, the Supreme
Court ruled that around 150 Dalit families
in Ambedkar settlement have legal rights
to over one-thousand acres of land. The
Dalit community of Ambedkar settlement
had been legally tilling the land in
question for over thirty years till they
were forcibly evicted in 1993 by the
police and other officials. The village was
reportedly demolished in connivance
with a private company M/s Escort Farms
Ltd and over 80 of the villagers were
detained for eight days on charges of
disturbing the peace. In 1992, a local
government official had declared the
Dalit settlement as ‘surplus land’ under
state law, but the private company M/s
254
Uttaranchal
Escort Farms Ltd contested the granting
of title in the Allahabad High Court. In
May 1995 the court rejected the petition
and ordered the state government to pay
one million rupees in compensation to be
used for the rehabilitation and
resettlement of the villagers. The
company moved the Supreme Court. The
Supreme Court asked the state
government to return the land to the
Dalits. But the state government failed to
respect and implement the Supreme
Court order. Due to the lack of livelihood
and rehabilitation, around 150 Dalit
families in Ambedkar settlement had
been facing severe starvation.4
On 19 November 2004, a Dalit
bridegroom, Nand Kishore, son of police
constable Lalita Prasad Tamta, was
allegedly ill-treated in his own village
Hanera in Pitthoragarh district while
returning after his wedding in
Bagheshwar, along with the procession.
The ‘sawarnas’ (upper caste) people
allegedly blocked the Dalit “baraat”
procession and refused to let the party
pass through the road outside their houses.
Some allegedly threw dirty water at the
‘baraat’, and they not only made
derogatory casteist remarks against the
‘baraat’ but also pushed the bride’s
palanquin. The police have arrested seven
persons in this connection, and charges
have been framed against them under the
SC/ST (Prevention of Atrocities) Act.5
III. Internally Displaced Persons
The Pancheswar Dam, an Indo-Nepal
INDIA HUMAN RIGHTS REPORT 2005
joint project, in Pithoragarh district near
the Indo-Nepal border will reportedly
cause displacement of 80,000 people in
India and 20,000 in Nepal. The
groundwork has already begun for the
315-metre-tall dam, which will be higher
than the Tehri dam. The reservoir of the
dam would span 120 square kilometers
and submerge about 146 villages in India
and 50 villages in Nepal respectively.6
Rehabilitation of the persons
displaced due to Tehri hydel project has
not been completed so far. Although the
state government claimed that it had
completed the rehabilitation till 760
meters level, some displaced villagers are
still waging their last battle in Old Tehri
town itself.7 The Tehri Dam authorities
have already spent Rs.1,000 crores on the
rehabilitation process but the money did
not allegedly reach the affected people in
rural areas.8
IV. The Maoists
The activities of the Maoists from
Nepal have reportedly increased in
Uttaranchal.
Uttaranchal
On 28 August 2004, a two-year-old
girl identified as Gudia daughter of Laxmi
Dutt Gadkoti, former president of the
Jhulaghat Vyapar Sangh, was seriously
injured when Maoists opened fire on
Indian side from across the Indo-Nepal
border at Jhulaghat in Pitthoragarh
district.9 On 24 September 2004, the
Maoists burnt a wooden bridge connecting
India and Nepal in the district.10
The Uttaranchal police arrested five
suspected Maoist sympathisers in the
forests of Udham Singh Nagar adjoining
Nepal on 30 August 2004. Those arrested
persons were reportedly locals acting as
carriers of food and other essential items to
some activists of the Maoist Communist
Centre of India.11
In October 2004, 18-year-old Khemraj
Bhatt, an alleged Maoist area commander
from Nepal was arrested while trying to re-
enter Nepal from Lohaghat area of
Champawat district. On 19 December
2004, Uttaranchal police stated that Bhatt
would be handed over to the Royal
Nepalese Army after consultations with
the Ministry of External Affairs.12 ■
255
INDIA HUMAN RIGHTS REPORT 2005 Uttranchal

256
C h a p t e r
27
West Bengal

I. Overview

T
he Communist Party of India (Marxists) has ruled West
Bengal since 1977. The hanging of Dhananjoy Chatterjee, the
rapist and killer of 14-year-old school girl Hetal Parikh at
Alipore Central Jail on 14 August 2004 and the right to collective
bargaining - the right to call bandh, general strike, that struck the
political parties across the spectrum sought to eclipse other major
human rights violations in the State.
INDIA HUMAN RIGHTS REPORT 2005
The year 2004 started with the arrest
of a member of Association for Protection
of Democratic Rights (APDR). Satyajit
Banerjee, a police officer whose actions as
the Officer-in-Charge of Karaya police
station were described as “a blot on the
police force” and his behaviour as
“barbaric” by West Bengal State Human
Rights Commission, was recommended to
the President of India for the Indian Police
Medal.1 Although compensation was
recommended in a few cases, most human
rights violations went unpunished. Access
to justice has been obstructed through
technicalities at courts, doctoring of post
mortem reports and intimidation and
harassment of the victims, their relatives
and human rights defenders.
Hunger and starvation deaths in
Amlasole, West Midnapore that captured
the news headlines in June and July 2004
were sought to be brushed aside by the
proletariat government. Long years of
neglect resulted in deep social discontent
which in turn has become the breeding
grounds of the Naxalites - the Maoists
Communist Centre (MCC) and Peoples
War Group (PWG). In the beginning of the
year approximately 350 Border Security
Personnel deployed in the Maoists’
heartland of Purulia, West Midnapore and
Bankura were reportedly withdrawn in
September 2004 for deployment in
Manipur.2 The Maoists offered conditional
talks3 while the Left Front government
reiterated that no talks would be held till
they give up the path of violence. In July
2004, the state government launched a
258
West Bengal
special operation against the Naxalites. On
23 September 2004, State Home Secretary
claimed that 30 Naxalites had been
arrested during the special operations. The
State government also set up 27 camps of
the security forces along the border with
Jharkhand to counter the Naxalites. The
Central government had sanctioned funds
for raising two battalions of the India
Reserve Battalion (IRB) Force with Rs 13
crore for each battalion to assist anti-
militancy operations. One battalion is
almost ready for deployment.4 As an
indication to the shape of atrocities to
come, on 14 and 15 November 2004, West
Bengal Police arrested six of these IRB
trainees for violence against the civilians
at Bidhan Nagar Government Housing
area in Durgapur on the night of 13
November 2004.5
The State government continued its
crackdown on the Kamtapur Liberation
Organisation (KLO) which reportedly
recruited its first batch of armed cadres in
December 2002 to espouse the cause of the
Rajbangshi tribal community in North
Bengal. According to Chief Minister
Buddhadev Bhattacharjee out of 166 KLO
activists identified by the government, all
except 35 had not been arrested.6 Human
rights organisations in the past reported
that most suspected members of the armed
opposition groups are charged with the
most severe provisions of the Indian Penal
Code such as sections 121, 121A, 122, 123
and 124A pertaining to ‘waging war
against the state’, ‘gathering arms to wage
war against the state’, ‘conspiring with
INDIA HUMAN RIGHTS REPORT 2005
foreign countries to wage war against the
Indian state’, etc. These offences are
punishable with life imprisonment and
even the death penalty.7
The rights of the vulnerable groups
continued to be violated. While children
were caned despite the High Court ban on
corporal punishment, women became
victims of violence including rape by State
Police, Central Security Forces and the
Railway Protection Force. Human rights
defenders, especially the members of the
APDR faced the repression of the State
government.
The armed opposition groups too
committed abuses including violation of
the right to life.
II. Atrocities by State agencies
i. Arbitrary, summary and extrajudicial
executions
The National Human Rights
Commission recorded high number of
deaths in police custody in West Bengal
respectively 19 in 1999-2000, 9 in 2000-
2001 and 17 in 2001-2002 and 16 in 2002-
2003.8 This indicates the widespread use
of torture by West Bengal Police.
On 27 January 2004, police from
Sandeshkhali Police Station came to
Jhupkali village, 24 Parganas (North)
district and shot dead Gaffar Ali Mollah,
an alleged bank robber. According to
eyewitnesses, the police surrounded
Mollah’s house as he was sitting beside the
pond. After seeing the police, Mollah
started to run but police shot at him. He
West Bengal
was first hit in the legs and fell down. Then
the police party led by the Officer in
Charge, Prabir Banerjee, reportedly came
up to Mollah and standing on his chest the
OC and another officer shot him at point-
blank range. They shot into his mouth and
chest 5-6 times. After this, they took away
two gold rings, a wristwatch and cash from
Mollah’s body, although he was critically
wounded and not yet dead at this time. The
police then took away Mollah’s body.
About 5-10 minutes after taking away the
body, the police convoy returned with
Mollah’s body in one auto rickshaw. As
they passed through Rampur, Siddique
Mollah and his 17-year-old son, Riazul
Mollah, who were catching fish in the
pond of Surath Sardar were taken into
custody without arrest memo. Riazul was
allegedly implicated in a false case and
was later released on bail.9
On 9 February 2004, Kamal Sharma, a
guard of a cement godown in Jangal Basti
at Fansideoa, Darjeeling District was
tortured to death in police custody. He was
arrested on 6 February 2004 on the basis of
a complaint filed by the owner of the
cement godown, Dilip Das with Fansideoa
Police Station that Rs. 92,000 was stolen
from his residence. The police arrested
Kamal Sharma as a suspect and took him
to the police station. No stolen money was
found in Kamal Sharma’s possession. The
police illegally detained him for three days
and produced him to the Court of Sub
Divisional Judicial Magistrate (SDJM)
Siliguri only on 9 February 2004. The
SDJM sent Kamal Sharma to seven days
259
INDIA HUMAN RIGHTS REPORT 2005
remand at the police station for further
investigation as per the prayer (written
request) of the police. The police brought
the victim back to the Fansideoa Police
Station and put him in lock-up with
another inmate. At around 8:00 pm of the
same day, Kamal Sharma was found dead
allegedly hanging in the lock-up. The
police took the body of the victim to the
nearby Fansideoa Hospital where the
doctor declared him dead. He reportedly
had no history of serious physical or
mental illness. The family members
alleged that they saw some injury marks
on the victim’s body. They further raised
the question as to how the victim could
make a strong rope from the rug within a
few minutes, while staying with his co-
detainee.10
On 28 June 2004, an undertrial named
Bikramjit Sarkar, a resident of Barobisha
under Kumargram police station area died
in the Alipurduar hospital, where he was
admitted in critical condition after
allegedly being tortured by police in
custody. Bikramjit was admitted to
Alipurduar hospital at around 4.50 am on
28 June 2004 and he died at 5.30 a.m.
There were injury marks on his body.
Bikramjit was reportedly arrested on 25
June 2004 by the Railway Protection
Force for allegedly stealing railway
property. On 26 June 2004 he was
produced before the Alipurduar sub-
divisional judicial magistrate and
remanded to judicial custody. He was kept
in Alipurduar Subsidiary Correctional
Home due to his mental illness. While the
260
West Bengal
sub-jailer of Alipurduar Subsidiary
Correctional Home, Gobinda Narayan
Sarki claimed that Bikramjit was injured
after an epileptic attack during which he
slipped on the floor of the jail, the family
members of the deceased alleged that he
was brutally beaten up inside the jail
resulting in his death. The family members
filed an FIR against Gobinda Narayan
Sarki. Jiban Krishna Sadhukha, the Sub
Divisional Officer of Alipurduar and also
the superintendent of the correctional
home reportedly called the undertrial’s
death as ‘unnatural’. According to him,
had the victim slipped on the floor the
bruises would have been on one side of the
body, but the marks were visible on both
sides of the victim’s body.11
On the intervening night of 6 and 7
July 2004, Soumyendu Mondal, aged 32
years of Jagul Village, Arjuni Panchayat
under Debra Police Station in Midnapur
District was arrested by police from
Kharagpur Police Station. When his wife,
Pratima Mondal asked the reason of arrest,
the police pushed her away. She fell down
and suffered injuries. Before leaving the
house the police wrote in a paper that
nothing was detected and/or seized from
the house and also took signatures of
Pratima and Pravaboti, the victim’s
mother. He was allegedly tortured and
killed in police custody. On 8 July 2004,
the police sent a message to the victim’s
family that Soumyendu died due to cardiac
failure. To cover up the injuries on the
body of Soumyendu, police made another
story that he jumped out of the police jeep
INDIA HUMAN RIGHTS REPORT 2005
to flee away from police custody on 7 July
2004 while being taken for a raid. The
victim was not produced before the local
Magistrate Court which is mandatory
under the law. Suspecting foul play,
Soumyendu’s family members filed a
complaint on 8 July 2004 at the local
criminal court demanding inquiry into the
custodial death of Soumyendu.
Subsequently on 9 July 2004, the
Kharagpur police attempted to cremate the
victim’s body without the family’s
consent. But the local villagers intervened
and they preserved Soumyendu’s body
under the soil. On 14 July 2004, Apurba
Nag, the officer in charge of the Kharagpur
Police Station, the alleged prime accused,
was transferred to police line.12
On 8 July 2004, one Md. Anil died at
National Medical College and Hospital,
where he was admitted in a critical
condition. Md. Anil was arrested along
with two others by the East Jadavpur
police at Commint Park in Garia on 2 July
2004 after they allegedly snatched Rs 500
from a taxi driver. Local residents, alerted
by the driver’s cries, reportedly caught
them and handed over to the police. While
police claimed that Anil was brought to the
police station with serious injuries, local
people attributed his death to torture in the
lock-up.13
On 25 September 2004, an undertrial
named Dulal Tarafdar died at the
Krishnagar district jail. Police had arrested
him on 22 September 2004 on the charges
of smuggling hemp plants to Bangladesh.
On 23 September 2004, he was remanded
West Bengal
to judicial custody by the Tehatta court.
The Krishnagar district jail authorities
claimed that he had committed suicide
inside the prison by hanging himself with
a towel from the ceiling of his cell in the
morning of 25 September 2004. But the
villagers of Tarakgunj village alleged that
he was tortured to death by the police.14
On 10 October 2004, Sampad
Mukherjee, an undertrial, died under
mysterious circumstances in his solitary
cell in Presidency Jail in Kolkata. Sampad,
his friend Arijit Pal, mother Manjusha and
brother Jyotirmoy were arrested for
alleged murder of Kuntal Sain, son of a
businessman at Domurjala, Howrah on the
night of 1 July 2004. Inspector-General of
Police (law and order), Chayan Mukherjee
said that there was no mark of injury on
the body of the deceased and that the
police did not have an idea about the cause
of his death. The body has been sent for
post mortem. Sampad was a patient of
epilepsy and required regular medication.
During a search of the cell, several strips
of tablets, tubes of ointment, a plastic
container full of white power and several
prescriptions were reportedly found in the
cell. The powder in the plastic container
was a “surprise” because it was not
mentioned in any of the prescriptions
found, including that of the jail doctor.15
On 4 December 2004, Biswanath
Mondal, a farmer of Shirsiklaibari village,
Malda district was allegedly killed in cold
blood by two Border Security Force
personnel from the BSF Camp at
Habibpur, Malda. He reportedly died due
261
INDIA HUMAN RIGHTS REPORT 2005
to the severe injuries sustained through
repeated kicking and other similar
physical abuse for his refusal to give
money to the security personnel to buy
alcohol. The Superintendent of Police of
Malda registered a case; but BSF
authorities denied any involvement of
their soldiers and alleged that he died of
heart attack.16
Tapan Manna was killed when the
police resorted to open firing to disperse a
mob at Dwarikapur in East Midnapore in
the evening of 26 February 2004. The mob
had gathered outside the house of the in-
laws of Banibala Samanta who died of
burns. Her family alleged that she was
murdered.17
On 12 November 2004, Abhijnan
Basu was allegedly burnt to death inside
Presidency jail. The deceased was
reportedly doused with diesel fuel and set
on fire by officers of the Presidency jail
allegedly for daring to protest against the
quality and quantity of food provided to
the prisoners.18
ii. Arbitrary arrest, detention and
torture
Torture in police custody of the
suspects is routine for the West Bengal
Police. The Border Security Force
personnel have also been responsible for
torture of suspects.
Rajesh Gurung was allegedly severely
beaten up in Coke Oven police lock-up in
Durgapur and held in illegal detention
throughout the night of 1 May 2004.
Gurung and Piyali Sarkar had eloped on
262
West Bengal
the night of 27 April 2004 and got married
in a court in Durgapur. On the same night,
Piyali’s father Harisadhan lodged a
complaint with the police alleging that his
daughter had been abducted by Gurung.
Gurung was admitted at Durgapur Sub-
divisional Hospital on 3 May 2004.19
On 5 May 2004, the West Bengal
Human Rights Commission ordered an
inquiry into the alleged police torture of
Sushil Sharma, a Congress worker, who
was arrested on 26 February 2004 in
connection with a murder case. Sharma’s
wife, Aparna, a commissioner of
Behrampore municipality, alleged that her
husband was tortured in custody.20
On the late night of 3 September 2004,
Madhusudan Seth of Mamudpur village,
Kalna in Bardhaman District was arrested
by the Police of Manteswar Police Station
under alleged false charges of domestic
violence. Seth was arrested without
issuing arrest memo. He was produced
before the court of Sub Divisional Judicial
Magistrate on 4 September. However,
while in custody and being produced
before the court, Seth was meted out ill-
treatment. While being arrested, he was
wearing only an underwear but he was not
allowed to change his cloth for two days
on 4 and 5 September 2004. Moreover, the
police paraded Seth in public merely
wearing his undergarments for several
hours to humiliate him.21
On the night of 13 November 2004,
alleged drunken jawans of the India
Reserve Battalion armed with hockey
sticks and cricket bats brutally beat up
INDIA HUMAN RIGHTS REPORT 2005
many residents of Bidhannagar
Government Housing in Durgapur after
the residents tried to resist their lewd
behaviour towards the women. The jawans
also allegedly pulled down the dais
bringing the soiree to an end, smashed
window panes of vehicles and allegedly
molested the women.22 On the morning of
14 November 2004, some of the jawans
again attacked residents at a local market.
On 14 November 2004, five jawans were
detained. Six more India Reserve Battalion
jawans were arrested in the evening of 15
November 2004.23
A bus driver of North Bengal State
Transport Corporation (NBSTC), Bijoy
Karmakar was allegedly beaten up by the
security guard and the driver of West
Bengal Civil Defence Minister Srikumar
Mukherjee for not giving way to the VIP’s
car on NH-34 near Kualdighi on the
morning of 22 December 2004. Bijoy
Karmakar said he could not immediately
make way for the Minister’s Tata Sumo car
due to the bad road. As the Tata Sumo car
took over the bus, it stopped ahead of the
bus. Then two men emerged from the car
and beat up the bus driver with lathis in the
presence of the Minister. The victim had to
be admitted to health centre at Moulpur in
the Old Malda police station area from
where he was referred to the district
hospital Malda. He reportedly could not
walk and there was a crack in his shin-
bone. Karmakar, supported by 20
passengers of the bus filed a complaint
against the Minister and his men at the Old
Malda police station. On the other hand,
West Bengal
the CPI leader’s driver also filed a
complaint against Karmakar at Gajole
police station accusing him of reckless
driving. However, eyewitnesses and bus
passengers said that Karmakar was
brutally beaten up for no fault of his.24
iii. Violence Against Women
Violence against women by the law
enforcement personnel is rampant in West
Bengal. The highpoint of combating
violence against women was sentencing of
five constables of Reserve Forces of
Kolkata Police to life imprisonment for
murdering traffic sergeant Bapi Sen on 31
December 2002. Bapi Sen, a young traffic
sergeant, had been severely assaulted by
the five constables when he tried to save a
woman from being molested during New
Year’s revelry on the night of 31
December 2002. On 1 July 2004, the
Kolkata city sessions court judge
convicted the five constables identified as
Sridam Bauri, Madhusudan Charkararty,
Pijush Gaswami, Mujibur Rahman and
Shekhar Mitra under IPC sec 302 (murder)
read with section 34 (criminal act in
furtherance of common intent). They were
also fined Rs 10,000 each under section
354 (assault on woman with intent to
outrage her modesty) also read with
section 34. In case of failure to pay the fine
they would have to undergo six months
rigorous imprisonment.25
Nonetheless, the women in West
Bengal continued to be victims of violence
including assault and rape by the Central
and State security forces and the Railway
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Protection Forces.
On the night of 25 March 2004, four
BSF jawans allegedly gang raped two
sisters, aged 17 and 20, after forcing their
way into their hut in a border village in
Malda district. According the victims’
mother who filed a complaint at Kaliachak
police station on 26 March 2004, the BSF
jawans from the nearby Golapganj border
outpost had knocked on her door around
10 pm on 25 March 2004 and asked for a
glass of water. When she refused to open
the door and asked them to go away, the
men allegedly crossed the bamboo-fencing
around the hut and broke open the door.
While one of the jawans held the woman
and her son at bay, the others gang raped
her two daughters.26
At mid-night on 7 August 2004, a
pregnant Dalit woman, Lilabati
Chowdhury wife of Chhutka Chowdhury
from Pakamati-Mohula village was
allegedly tortured severely by a police
patrol party of the Beharampore police
station of Murshidabad. She was seven
months pregnant. The police personnel
had entered Lilabati’s mud house looking
for her husband. Not finding her husband,
Lilabati asked the police why were they
being harassed when there was no
complaint against them. This was enough
to attract assault from the police. After the
assault, Lilabati was admitted to the
Baharampur Block Hospital in the
Karnasubarna area. Thereafter, several
policemen in uniform came to the hospital
and warned Lilabati not to speak to
anybody about the incident. No action was
264
West Bengal
taken against those responsible.27
On the night of 17 August 2004, a 30-
year-old woman was allegedly raped by a
Railway Protection Force constable named
Kapil Deorai inside a train compartment at
the Hasnabad railway station. The victim
along with her husband and three minor
children boarded a train at Sealdah in
Kolkata and reached Hasnabad, about 70
km from Kolkata, at around 11 p.m. Since
it was late night, the couple failed to find
transport to go home at Bhaktinagar in
Dulduli, 18 km away from Hasnabad.
While they were resting at the platform
two Railway Protection Force (RPF)
constables Kapil and his accomplice
approached the couple and “advised” them
to wait in a train compartment as the
“platform was not safe” for them. The
couple obeyed them and went to sleep in a
train compartment. Once the couple was
inside the train compartment, the
constables said they wanted to search
them. While another constable held the
husband and the children hostage in one
compartment, Kapil raped the woman in
another. After both constables fled from
the scene, the couple lodged a complaint at
the Government Railway Police (GRP)
outpost at the station. Later they also
informed Hasnabad police station, but the
policemen there refused to entertain their
complaint. On 18 August 2004, the
Government Railway Police arrested
Kapil from his Barasat house after
incensed commuters held up trains for five
hours at the railway station from 6.40 am.
However, another accused constable who
INDIA HUMAN RIGHTS REPORT 2005
held the victim’s husband and children
hostage at the time of rape was not
arrested, as according to Superintendent of
Railway Police of Sealdah station,
Nabarun Bhattacharya, “there are no
specific complaints against any
accomplice.” 28
On the night of 9 September 2004, a
25-year-old housewife (name withheld)
was allegedly raped by constable Saumitra
Chowdhury in Harwah Police Station
barracks at Basirhat in North 24-Parganas.
The victim was picked up by the accused
in a mobile police jeep when she was
returning home along with others around
midnight after attending a quwwali
programme. The medical report confirmed
the rape of the 25-year-old housewife.29
Following protest and widespread
agitation, the accused police constable was
suspended and arrested.30
Police also refused to cooperate with
women victims of violence. In December
2003, a widow from Bosepara village in
Khandaghosh, about 140 km from
Kolkata, filed a rape case against Dhiraj
Das, a health inspector at the
Khandaghosh Block Health Centre, with
the Burdwan Police Station but the police
officials allegedly refused to register her
case. The victim then approached the
Chief Judicial Magistrate’s court in
January 2004, and a case was registered at
the Burdwan police station only after an
order from the court.31
On 25 January 2004, a 22-year-old
pregnant woman Lakshmi Sahani was
allegedly assaulted by two men but the
West Bengal
police at the New Jalpaiguri Police Station
refused to lodge her complaint apparently
because the alleged assailants Narayan
Adhikari and Gopal Adhikari were close to
a local influential leader of the Centre of
Indian Trade Unions (CITU), the labour
arm of the CPM. She was allegedly kicked
repeatedly on her lower abdomen near the
New Jalpaiguri station for supporting her
father when he protested against a hole
being dug on the ground dangerously close
to an electric pole. On 27 March 2004, the
State Human Rights Commission sought a
detailed report from the Jalpaiguri
Superintendent of Police on the case in
response to a complaint from the victim.32
On 19 August 2004, two State Armed
Police constables, Bimal Halder and Samir
Saha were arrested on the charge of
harassing and trying to molest two women
in front of the United Bank of India’s Hill
Cart Road branch around 11.30 pm on 18
August 2004.33
III. Rights of the Child: Corporal
Punishment
On 6 February 2004, Calcutta High
Court banned the practice of caning or
beating students in schools in the state.
Acting on a PIL, a division Bench
reportedly directed the Director of School
Education to issue a circular to all state
schools prohibiting caning. The court
held that while canning, which could lead
to death, was still prevalent in the state, it
is contrary to the Universal Declaration
of Human Rights and in an age of
scientific teaching, caning or beating
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caused mental trauma.34
However, the day the High Court
delivered its jugdement, two students of
class I - Sujan and Sadhan Das - of a
primary school at Adisaptagram in
Hooghly district were reportedly locked
inside an iron chest as punishment for
being inattentive in the class. The teacher,
Chandan Ghosh first dragged the students
into the office of the Principal, but not
finding him in, he allegedly locked them in
an iron chest and went home. When the
school was about to close for the day,
some employees heard sounds of loud
sobbing coming from the chest, in which
exercise books were usually stored. They
broke the chest and rescued the school
children! 35
On 13 February 2004, six-year-old
Ishani Bhattacharya, a student of Class I in
Sunny Preparatory School in Behala was
reportedly brutally canned by her teacher,
Kasturi Ghosh for not obeying the order to
‘put their heads down the table’. The
punishment traumatised the little girl so
much that she refused to go to school
again. Her father, Pradip Bhattacharya
reportedly filed a complaint with the
Behala police station, but no action was
taken. Kasturi Ghosh however denied the
allegation stating that she was not present
in the school and the school administrator
R.K. Bharatiya backed the teacher.
Ishani’s medical report, however, stated
that she had suffered “haematoma” in two
places on her back and an “overlying
abrasion”. This, doctors said, was an
injury that could only be caused by a
266
West Bengal
“stick-like” object.36
On 20 February 2004, 15-year-old
Tanya Sarkar, a student of Class VIII of
Vidya Niketan, a private Bengali-medium
school in Thakurpukur, Kolkata was
forced by her class teacher Sanjit Bose to
perform 150 squats under the scorching
sun as a punishment for talking in the
class. Her friends were asked to keep the
count. It was a hot day and after having
finished performing about a hundred
squats in the sun, she fainted. Once she
regained consciousness, the school
authorities informed her parents. She was
taken to a local hospital. Her father Asit
Sarkar said she suffered from dehydration.
The humiliation she suffered in presence
of the whole school also traumatized her.
Later, on the same day, the parent of the
victim lodged a police complaint against
Sanjit Bose.37
On 10 July 2004, Minhajul Haque, a
Class X student of a municipal high school
in Burdwan, was reportedly beaten
senseless by the Headmaster Madan
Mohan Roy. Worst, the Headmaster forced
the victim to kneel down for over an hour
after he regained consciousness! He had to
be hospitalized after the ordeal. Doctors
said Minhajul’s injuries were serious.
Minhajul Haque was reportedly punished
for remaining absent from his classes for
four consecutive days. When he resumed
school on 10 July 2004 he reportedly
brought a letter from his father, Ohidul,
saying that he had taken ill. But the class
teacher demanded a medical certificate
from him. His father took his son to the
INDIA HUMAN RIGHTS REPORT 2005
police station but the officer allegedly
refused to register a complaint.38
On 22 September 2004, Purnima
Manna and Rehana Khatun- both students
of Class III in Bratachari Gram Junior
Basic School in Thakurpukur- were
allegedly punished by their teacher
Chandrani Basu for being “naughty and
talkative” by ordering them to clean the
entire classroom. Later the two nine-year-
old students were left locked inside their
classroom after the school closed for the
day. They, however, finally managed to
return home by forcing open a window in
the classroom. The victims’ parents lodged
a police complaint with the Thakurpukur
police station on 23 September 2004.39
IV. Attacks against human rights
defenders
Civil liberties organisations as well as
the opposition political parties accuse the
State Police of being hand-in-glove with
the ruling Communist Party of India
(Marxist). Human rights activists
especially the members of the Association
for Protection of Democratic Rights
(APDR) have been facing serious
repression from the State police.
On the intervening night of 31
December 2003 and 1 January 2004,
Bablu Das, small vendor of spices and
member of the APDR was picked up from
his residence by the police personnel from
the Jangipara Police Station. On 2 January
2004, he was produced before the Sub
Divisional Judicial Magistrate Court of
Srirampur and charged under the case as of
West Bengal
Ajit Bhar (Jangipara P.S. case No. 66 of
2003 Under Sections 120B/ 121/122/123
of Indian Penal Code). In 1998, some
political goons in connivance with the
police of the Jangipara Police Station had
attacked several cultivators at Chhitbona
village on the banks of the River Damodar
and tried to evict them from their land. On
behalf of those cultivators, Bablu Das filed
a criminal case against some police
officers of the Jangipara Police Station,
who were allegedly involved in the attack,
in the local magistrate court. He also filed
a writ petition at the Calcutta High Court
against those police officers, thereby
annoying the police.40
On 17 February 2004, Ajit Bhar, who
comes from a poor family in Rajbalhat
village of Hoogly District and a weaver by
profession and member of the APDR was
arrested by Tapas Brati Chakraborty, the
officer in charge of the Jangipara Police
Station. In September 2003, two unknown
women came to meet Ajit Bhar and asked
him to help them for their medical
treatment. Ajit Bhar referred them to a
nearby doctor. On 17 February 2004, some
policemen came to Ajit Bhar’s house and
asked him to report to the police station at
once. When he went to the police station,
Tapas Brati Chakraborty allegedly abused
Ajit Bhar in filthy language and asked why
he was attached with the APDR and why
was he involved in campaigning against
bride-burning cases. Chakraborty then
asked him to give the names of the two
women who had come to meet him in
September 2003. Ajit Bhar replied that
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INDIA HUMAN RIGHTS REPORT 2005
since it was an old case he did not
remember the names. Then the police
arrested Ajit Bhar immediately on grounds
of having some connection with the
Naxalites and charged him under sections
120B/121/122/123 of the Indian Penal
Code. He was arrested as a co-accused in
crime No. 66 of 2003, for allegedly
committing various offences against the
state.41
At about 4:30 pm on 21 August 2004,
some human rights defenders of the APDR
had assembled for a peaceful street-
meeting against state-repression at the
Jangipara Bus stand in Hoogly. A group of
50 to 60 people carrying red flags with
emblems of a sickle and star, reportedly
led by local leaders of the Communist
Party of India (Marxists), approached and
attacked the human rights activists during
the meeting. The attackers kicked the
human rights defenders, used lathis (long
bamboo sticks) to beat them, and verbally
abused and threatened them. When
members of the ADPR went to the nearby
Jangipara Police Station (located 50
meters away) to seek assistance, the
attackers also went to the police station,
set up a blockade preventing the human
rights defenders from leaving the station
and continued to threaten them verbally.
Police did not stop the attack despite their
close proximity and did not assist the
victims at the police station. After several
hours, the attackers dispersed and only
then did the police provide an escort
vehicle to the victims. Some members of
the ADPR sustained serious injuries but a
268
West Bengal
local doctor, who was called to treat them,
was too afraid to help them. Later they
were treated at a local hospital. Those
injured include Sujato Bhadra, Amitadyuti
Kumar, Sanjib Acharya, Bapi Dasgupta,
Shankar Nandy, Sukumar Tiwari, Tushar
Chakraborty, Bapi Das Gupta, Pradip
Banerjee, Amal Roy, Gautam Munshi and
other local activists.42
V. Impunity
Consistent follow up by victims, their
relatives and human rights defenders made
progress for establishment of
accountability in a few cases.
In February 2004, the Central Bureau
of Investigation reportedly filed charge-
sheets in the court of the Siliguri sub-
divisional judicial magistrate against two
police officers, Prodyut Kumar Das and
Ramchandra Singh in the custodial death
case of one Pinter Yadav, a resident of
Phatapukur village located on the outskirts
of Siliguri in May 1999. There were in
charge of Siliguri police station and
Pradhanagar police outpost respectively.
The CBI investigations reportedly found
them guilty of beating Pinter Yadav to
death inside the Pradhanagar police lock-
up. On 5 May 1999, Pinter Yadav and his
cousin Manjit Gowala had gone to Siliguri
to see a film. They were arrested by two
plainclothes policemen on suspicion of
being thieves and taken to the Pradhanagar
police outpost and confined in the lock-up.
Prodyut Kumar Das and Ramchandra
Singh allegedly brutally thrashed them.
Pinter Yadav was brutally tortured and left
INDIA HUMAN RIGHTS REPORT 2005
bleeding profusely inside the lock-up. He
was later admitted to the Siliguri sub-
divisional hospital, where he died. S.K.
Lahiri, who conducted the autopsy on the
boy, said he had a cyst in his liver and died
owing to liver rupture. The Calcutta High
Court handed over the custodial death case
to the CBI in October 1999 following a
PIL filed by Tapash Chakrabarty on behalf
of the Siliguri Chapter of the Association
for Protection of Human Rights. On 30
October 2001, the CBI had registered a
case (no. RC 38/2001) against the two
police officers.43
Most custodial deaths go unpunished.
In April 2004, acting on directions of the
National Human Rights Commission
(NHRC), the West Bengal government has
reportedly paid compensation of Rs 1 lakh
each to next of kin of two under trials who
died of suffocation in an overcrowded
court lock-up in Malda on 3 August 2002.44
But there was no reference for prosecution
for such criminal dereliction of duty.
Those who attempt to seek justice
face threat from the law enforcement
personnel. On 4 September 2004, 11
policemen including the Additional
Superintendent of Police of Durgapur
were charge-sheeted by the State Criminal
Investigation Department in connection
with the disappearance of one Partha
Mazumdar of North 24-Parganas in 1997.
In its report of 31 March 2000, West
Bengal State Human Rights concluded
that “It is thus evident and clear that
Partha Majumdar was arrested by police
and detained in the Habra Police Station
West Bengal
and in the name of Lakshman Giri, he was
treated in hospital wherefrom he was
discharged on 6 September 1997 evening
and taken away by Arabinda Kushari to
Barasat Police Station and since then
Partha Majumdar is missing from police
custody.” The WBHRC also
recommended to the West Bengal
Government to instruct the Criminal
Investigation Department (CID) to initiate
a case against those responsible for
Suresh’s death and Partha’s
disappearance, as “the police version of
the encounter does not exactly correspond
with the way things happened on the
fateful day”. The family members
pursuing the case have been facing
intimidation and harassment. On 11 July
2004, the mother and sister of the victim
met with a road accident and both of them
have sustained severe injuries. The sister
required a major knee surgery and was
hospitalized at R G Kar Medical College
and Hospital until 29 July 2004. The
family members alleged that the accident
was an organised attempt on their lives by
the accused police officers.45
Judicial delay contributes to denial of
justice. It took over 10 years for the
judiciary to order that the prosecution of
the guilty policemen did not require the
permission of the government. Additional
Superintendent of Police, Harman Preet
Singh and three other cops were found
guilty of abduction and torturing to death
of 37-year-old mill worker Bhikhari
Paswan of Victoria Jute Mill in Kolkata.
The Kolkata High Court held on 29 July
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INDIA HUMAN RIGHTS REPORT 2005
2004 that kidnapping was not part of his
official duties as a police officer. On the
midnight of 30 October 1993, Bhikhari
Paswan was allegedly dragged away from
his home in front of his family and
neighbours by the then Additional
Superintendent of Police, Harman Preet
Singh and three other cops. He was never
found since then. The Association for
Protection of Democratic Rights and the
victim’s father Lakhichand Paswan filed
the petition. Tragically, the victim’s father
Lakhichand Paswan, a chief witness in the
case, died on 29 July 2004 after struggling
to obtain justice for so long. He went to a
coma since shortly before the court gave
its decision.46
VI. Atrocities by the armed
opposition groups
The Naxalites have also been
responsible for serious violations of
humanitarian laws.
On the night of 4 December 2004, the
cadres of the Naxalites armed with guns,
spears and sharp weapons descended on
the house of Banamali Mura, Secretary of
the CPM’s Kankrajhore branch committee,
and severely thrashed him, Kailash Mura,
member of the Belpahari Panchayat
Samiti, and other CPM supporters. The
Naxalites also torched three vehicles used
for road construction and blew up three
forest bungalows, about 240 km from
Calcutta, in West Midnapore. Kailash had
brought into focus “starvation” deaths in
neighbouring Amlashol, which
embarrassed the government and left the
270
West Bengal
CPM red-faced.47
On 14 January 2004, Jharkhand Party
(Naren Hansda) worker Kamal Mahato
was killed by the Naxalites allegedly
belonging to the Maoist Communist
Centre (MCC) in Laljal village in West
Midnapore. The victim, his family
members including wife Namita and a
few neighbors were reportedly sitting
near a bonfire in front of his house when
about forty armed Naxalites suddenly
surrounded them. Kamal Mahato was
allegedly dragged out of the huddle at
gunpoint, and beheaded with a heavy
chopper after forcibly pinning him to the
floor. When a relative of his tried to
prevent this, the Naxalites allegedly
broke his legs too. According to police,
Kamal was brutally executed on charge of
being a police informer.48
On 13 March 2004, armed groups,
suspected to be members of the Kamtapur
Liberation Organisation killed two innocent
villagers of Banglarjhar, a small rural
settlement around 12 km from Mainaguri
town, in Jaipalguri district. At around 8.45
pm, a group of six members of armed
opposition groups drove into the village on
two motorcycles, and opened
indiscriminate firing killing Bishnupada
Das, a shopkeeper, and Deepak Sarkar and
injuring Nitaipada Das, father of
Bishnupada, Nandalal Sarkar, Prakash
Sarkar and Krishna Sarkar. Prakash was
removed to North Bengal Medical College
and Hospital in Siliguri while the others
were being treated at Jalpaiguri Hospital.
Police suspected a KLO group led by
INDIA HUMAN RIGHTS REPORT 2005
Mrinal Roy behind the attack.49
VII. Duars to Amlasole: Faces of
poverty in West Bengal
While the Left Front government
boasts that during its 27-year rule, it could
lift 33 per cent people above the poverty
line from 60 per cent in 1977 to 27 percent
in 2000,50 obviously the programmes failed
to touch the people who needed it most -
the Adivasis, indigenous peoples. Whether
it is in Amlasole or Duars of North Bengal,
the victims are indigenous peoples who
are in the lowest ladder of the social and
economic set-up.
i. Starvation deaths in Amlasole
It was not until the reports of starvation
deaths of Adivasis in Amlasole captured the
headlines in national dailies that Chief
Minister Buddhadeb Bhattacharjee
admitted in the state Assembly on 8 July
2004 that starvation and poverty existed in
tribal-dominated pockets of Amlasole in
West Midnapore district. The State
government however consistently denied
the starvation deaths in the tea plantations
in Duars of North Bengal.
Amlasole under Belpahari bloc of
West Midnapore inhabited by Adivasis had
only one well supplying drinking water.
There is no motorable road. The nearest
hospital is 40 kilometers away. Among the
tribals, the Munda families owned some
land, though without any irrigation
facility. The plight of the Sabars was the
worst. Their only source of income was by
selling kendu leaves and making beedis.51
West Bengal
After the government banned individual
sale and formed various co-operative
organisations of tribals to collect kendu
leaves and sell them in the market,
situation of many poor families became
miserable.52
The deaths of six children- all between
one and four years of age- that made the
news headlines, have a similar story.
In absence of any government doctor
or health centre, Indra Singh took her 4-
year-old ailing daughter, Deepali Singh, to
Tudu Mura, a quack in Amlasole, who
recommended some “jungle plant juice”. It
did not work. A few days after Deepali
began showing symptoms of jaundice. Her
father then took her to another quack at
Ghatshila in Jharkhand, 22 km away from
Kankrajhore, by hiring the only jeep of the
village for Rs 600. The quack treated
Deepali for Rs 350 and recommended that
she be brought back home. Deepali died
on 26 May 2004.53
One Mahenti Mura, brother of
Banamali Mura, the CPM Panchayat
Pradhan of Kankrajhore village, lost his
three-year-old daughter Lakshmi. She had
fever and showed symptoms of jaundice.
Like others, Mahenti too took his daughter
to a quack in Silda, about 40 km from
Kankrajhore, and on the way back got her
blood sample tested at the Belpahari
government primary health centre. Though
the blood test showed nothing wrong, the
sickness continued forcing the family to
then go to a “registered medical
practitioner” at Ghotidoba, 10 km away in
Jharkhand. Within the next couple of days,
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INDIA HUMAN RIGHTS REPORT 2005
Lakshmi died.54
On 22 June 2004, the West Bengal
State Human Rights Commission directed
the District Magistrate to prepare a
detailed report on the alleged starvation
deaths at Amlasole.55 Although starvation
is endemic in most tribal areas of West
Bengal, none of the residents of Amlasole
had the Below Poverty Line (BPL) ration
cards.56 This explains much of the failure
of the governmental programmes.
ii. Starvation in Duars
A number of tea plantations in North
Bengal have been closed down since mid
2002. In the Duars region of Jalpaiguri
district alone, there were 20 such
abandoned plantations in late 2003, which
affected more than 30,000 workers and
their families. Many owners abandoned
their gardens with connivance of local
administration and trade unions. When
labourers and families starved, neither the
government nor the unions provided
succour. These despite that they ran
several relief and anti-poverty schemes
worth crores of rupees.57
Since some food forms part of the
wage basket in most tea plantations, the
abandonment by the management meant
that there was no food provision for the
workers. The closure of the plantations
also meant the withdrawal of electricity
supply, denying workers access to
common water tanks and forcing them to
fetch drinking water from nearby streams,
which were polluted by waste from cement
factories in Bhutan. Many workers in this
272
West Bengal
area have not been facing only starvation
but also significant increase in water-borne
diseases.58
On 16 January 2004, the Supreme
Court instructed the State government to
file an affidavit in this regards. In its
affidavit on 29 January 2004, the State
government informed that there has been
no death due to malnutrition or starvation
in the tea gardens. On 16 January 2004,
however, the Coordination Committee of
Tea Plantation Workers, an apex body of
trade unions, submitted a memorandum to
the chief minister Buddhadeb
Bhattacharjee clearly stating that deaths
due to malnutrition and starvation were on
the rise.59 The West Bengal Human
Development Report 2004 also reported,
“There has been an alarming increase in
death among workers’ households after
July 2002, when most of these plantations
closed. Most of these have been of young
children and women in childbirth”.60
Around 400 labourers have already died of
starvation in Kanthalguri due to the
shutting down of the tea estate between
July 2002 and February 2004.61
The West Bengal Human
Development Report 2004 also stated that
“In other plantations which have not yet
closed, there are reports of retrenching of
workers, delayed payment of wages and
mounting provident funds and gratuity
dues. Women workers, who form the bulk
of permanent workers in these tea estates
because of their role as pluckers, are the
worst affected. They increasingly face not
only poverty and possible starvation, but
INDIA HUMAN RIGHTS REPORT 2005
also other forms of exploitation (emphasis
ours)”.62
Other forms of exploitation are all
pervasive in tea plantations which have
been closed down. Women labourers of the
Kanthalguri tea estate have reportedly
resorted to prostitution as the only way out
of stark poverty. Having sold its leaves, its
trees for firewood, and even the furniture,
doors and windowpanes of the manager’s
bungalow, they have been virtually left
with nothing to earn from. A 25-year-old
gardener-turned-prostitute Ratia Oraon
(name changed), remarked, “There is
nothing left now, so we have taken to this
profession. It is better than seeing my little
brother die without eating.” Her main
customers come from Chamurchi,
West Bengal
Haldibari, Mahabir tea estates,
neighbouring gardens of Kanthalguri tea
estate where she belongs. She was
reportedly paid Rs 30 for an hour of
service to a client.63
The state government attempted to
start developmental schemes in the estates
only after being prodded by the Supreme
Court more than a year after the gardens
stopped operations.64 On 22 June 2004,
State Human Rights Commission sought a
report from the State Government on what
measures it proposed to initiate to check
poverty-related deaths reported from the
tea gardens of North Bengal. As starvation
engulfed, the oldest profession,
prostitution turned out to be the last
recourse for many of the victims. ■
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274
C h a p t e r
28
Freedom of the press

W
hile the government of India generally respected freedom
of speech and expression guaranteed under the
constitution of India, the State governments, political
party activists and various armed opposition groups often violated
this right. At least one journalist was killed by the armed opposition
group Maoist Communist Centre in Bihar, while many faced
physical violence from the political party activists, police, and the
armed opposition groups.
The press in Tamil Nadu faced systematic assault from the State
government in 2002 and 2003. On 18 May 2004, Tamil Nadu Chief
Minister, Jayalalithaa announced her government’s decision to
withdraw all the defamation cases brought by the Government
against the media, including those against The Hindu, which figured
in the Tamil Nadu Legislative Assembly in November 2003.1 On 30
August 2004, the Tamil Nadu government told the Additional
Sessions Court in Chennai that it had issued an order dropping two
of the 20 defamation cases filed against The Hindu. One case related
to a news item published on 2 December 2002 with the heading
“Security cordon for Chief Minister throws IT interviews out of
gear” while the second published a day later pertained to the
replacement of state Chief Secretary Suganeswar by Lakshmi
Pranesh.2 On 17 September 2004, Tamil Nadu government filed an
affidavit in the Supreme Court, along with a copy of the
“Government Order” issuing directions for withdrawal of all the 125
defamation cases against The Hindu and other newspapers and
magazines pending before the Additional Sessions Court, Chennai
and the Madras High Court.3
INDIA HUMAN RIGHTS REPORT 2005
In July 2004, the State government of
Manipur imposed censorship on the local
cable network news after it showed the
footage of the demonstration of Meira
Paibis, women activists, who stripped
themselves in front of the Assam Rifles
headquarters on 15 July 2004 to protest
against the killing of Manorama Devi.
The journalists also faced violent
attacks from the police and other law
enforcement personnel while covering
events and collecting news.
On 23 July 2004, Thiyam Ranjan
Singh, a senior reporter of vernacular daily
Sanaleibak was allegedly assaulted by
personnel of Manipur Rifles and State
police at his residence at Keishampat
Leimajam Leikai. The security forces
knocked at the door of Ranjan’s house and
assaulted him by kicking with boots and
hitting with gun butts in spite of identifying
himself as a media person by producing his
press identity card. The reporter sustained
head injuries and had to be hospitalized.
Following protests, three riflemen of 2nd
Battalion Manipur Rifles- Kh Kesho Singh
(Rfn No 09941018), M Tomba Singh (Rfn
No 09981201) Yamtong Haokip (Rfn No
23039), and a State police constable
identified as Md Azad Khan were
reportedly suspended on 23 July 2004.4
On 17 April 2004, Assam Police
personnel forced many people including
women and journalist, Kunja Mohan Roy
to kneel down for half an hour by the side
of the road during a check near the
Guwahati Commerce College. The police
were reportedly searching for the ULFA
276
Freedom of the press
cadres.5 On 18 April 2004, Chief Minister
Tarun Gogoi reportedly ordered a probe
into the incident headed by Additional
Chief Secretary S. Kabilan.6
On 13 May 2004, over a dozen
journalists were injured in the assault by
the police at a vote counting center in the
government polytechnic institute at
Gandhinagar and at Bikram Chowk, in
Jammu. Police reportedly lathicharged and
brutally assaulted female scribes at
polytechnic institute. When scribes
blocked the road at Bikram Chowk
protesting the assault on the female
scribes, the police resorted to lathicharge.
At least three journalists had to be shifted
to Government medical college hospital
for treatment.7
At least 10 persons including the
correspondent of Assamese daily Dainik
Janambhumi based at Jamugurihat, Golap
Kalita and his wife Anjali Kalita, were
seriously injured when a group of Assam
Police Black Panther commandoes
attacked the innocent public of
Karchantola area in Sonitpur district of
Assam on 27 June 2004 night at around
8.30 pm. The Assam Police personnel in
civil dress took country liquor at a local
hotel of Karchantola Centre after which
they quarreled with businessmen. Two
cases have been registered on the basis of
the FIR lodged by Babul Borah and Golap
Kalita at Jamuguri Police Station and the
District Collector of Sonitpur, LS
Changsan has also ordered a magisterial
probe into the incident headed by Unnat
Baruah, SDO (Sadar), Tezpur.8
INDIA HUMAN RIGHTS REPORT 2005
The Assam government continued to
deny academic freedom. On 14 November
2004, Japanese research fellow Makiko
Mimura was stopped from presenting her
research paper on Nellie massacre of 1983
at a seminar organized in Guwahati.9
On the night of 27 November 2004,
Star News cameraman and Government
accredited journalist Sharad Kapoor was
illegally detained by the police at the TT
Nagar police station in Bhopal, Madhya
Pradesh after he was picked up from his
house without any arrest warrant. The
police suspected him of stealing police
wireless set at Panchseel Nagar, where a
police party reached to sort out a group
clash, where the journalist was also
allegedly involved. The police allegedly
manhandled female members of Sharad
Kapoor’s family at the time of arrest.
When Star TV bureau chief Deshdeep
Saxena reached at the police station to
seek bail, Saxena was allegedly threatened
of dire consequences. Police refused to
give Kapoor bail although the sections
against him were bailable. When Kapoor
sought to lodge a complaint against
manhandling of female members of his
family, he was threatened to be booked
under charges of robbery. Later on, a
representation made to the Chief Minister
Babulal Gaur by senior scribes including
Hindustan correspondent Dinesh Gupta,
Sahara Correspondent Sanjeev Shrivastav
and India TV Correspondent Anurag
Updhyay. The Chief Minister ordered a
probe into the incident.10
Political activists also continued their
Freedom of the press
attacks on the media.
On 28 August 2004, Nikhil Wagle,
editor of a Marathi daily, Mahanagar, and
two other journalists- Yuvraj Mohite and
Pramod Nigudkar, were attacked by
alleged members of Shiv Sena at Malvan
in Sindhudurg district. An attempt was
made to blacken the editor’s face and all
the three journalists were beaten him.
They were reportedly badly injured in the
attack. On 24 August 2004, Sajid Rashid,
editor of the Hindi daily, Hamara
Mahanagar, was stabbed near his office
by two persons. He had to be admitted in a
hospital. Mr. Rashid is a member of
Muslims for Secular Democracy that has
been demanding an end to the practice of
triple ‘talaq.’11
On 12 November 2004, Anal Abedin,
a reporter of Anandabazar Patrika, a
leading daily newspaper in West Bengal
was attacked by masked attackers. They
attacked his wife Tandra Abedin and two
year old daughter. When Tandra Abedin
managed to grab one of the attackers and
exposed his face, she saw that he was
Akbar Kabir alias Babul Kabir, the ex-
chairman of Berhampur Municipality. As
the leader was recognized, the attackers
ran away immediately. On 13 November
2004, the Berhampore Police arrested 15
out of 30 suspects including Mr. Akbar
Kabir, out of 30 suspects. They were
subsequently produced before the Sub
Divisional Judicial Magistrate (SDJM)
Court, Beharampore on the charges of
attempt to murder, use of arms and
weapons, molestation, illegal gathering
277
INDIA HUMAN RIGHTS REPORT 2005
and illegal house trespass. But all of them
were released on bail immediately
although they were arrested under non-
bailable charges. The culprits were
granted bail because the police failed to
produce important records before the
magistrate including the medical report,
case diary and seizure report. The public
prosecutor who was supposed to oppose
the bail application was also absent which
resulted in the perpetrators bail
applications going unopposed.12
Lawyers at the metropolitan
magistrates’ court in Ahmedabad, Gujarat
assaulted television crews and other
members of the media on the evening of
29 January 2004. At least four
mediapersons were seriously injured, and
the irate mob of lawyers even burnt a Zee
TV camera within the court premises. The
lawyers were protesting against Zee TV’s
exposure of the metropolitan magistrate of
Court No. 10 of Meghaninagar, Brahm
Bhatt, who had issued the bailable
warrants against President A.P.J. Abdul
Kalam, Chief Justice V. N. Khare,
Supreme Court judge B.P. Singh and
former Supreme Court Bar Association
president R.K. Jain. Around 60 lawyers
attacked Zee News cameramen Subodh
Vyas and correspondent Janak Dave, Aaj
Tak correspondent Rajiv Patel and
cameramen Quasar Khan. All of them
were beaten and their clothes torn. An FIR
has been filed at Meghaninagar police
against the lawyers for attacking the
mediapersons.13
The Assam Police in Lakhimpur area
278
Freedom of the press
harassed the journalists in connection with
the news of death of five ULFA cadres in
an encounter with the Army on 29 October
2004 near Laluk in the district. On the
pretext of a discussion, the Lakhimpur
Superintendent of Police had invited the
journalists for a meeting, but later started
using intimidatory tactics to know the
source behind the news items published in
their respective newspapers.14
The armed opposition groups were
also responsible for silencing the right to
freedom of expression.
The alleged cadres of the Maoist
Communist Centre (MCC) shot dead
Naveen Kumar Verma, a local journalist of
Patna-based Hindi daily Dainik Jagran in
Gaya district of Bihar on 24 April 2004.
Verma was reportedly abducted from his
residence at Nima village under Amas
police station and shot dead from point
blank range in a nearby field.15
The Maoist Communist Centre
(MCC) reportedly issued summons to nine
Bakaro-based journalists for allegedly
writing anti-MCC articles during the
April-May 2004 Lok Sabha election. In a
press release issued by MCC north zonal
secretary Arun Kumar, the scribes have
been asked to argue their cases before a
Jan Adalat.16
On 3 May 2004, eight persons
including a photojournalist Habibullah
Naqash were reportedly injured in a
grenade explosion at Press Enclave Pratap
Park in Srinagar of Jammu and Kashmir.
The grenade exploded outside the
residential quarter of journalist turned
INDIA HUMAN RIGHTS REPORT 2005
politician (PDP candidate for Baramulla-
Kupwara Lok Sabha constituency) Nizam-
u-Din Bhat.17
On 25 April 2004, armed opposition
groups’ members reportedly hurled a
grenade at a PDP election rally minutes
after party chief Mehbooba Mufti left the
venue, killing three persons and injuring
seven at Khool-Noorabad in Anantnag
district. Ten persons, including NDTV
cameraman S. Tariq, were reportedly
Freedom of the press
injured in the blast, of which three of them
later succumbed to their injuries.18
At around 7.30 pm on 22 November
2004, unidentified persons allegedly
hurled a grenade inside the office of an
Urdu newspaper Tameel-e-Irshad and its
sister news agency KPS, located on the
first floor of a building at Lambert Lane-
Regal Chowk in Srinagar. Two employees
of the newspaper were injured in the
attack.19 ■
279
INDIA HUMAN RIGHTS REPORT 2005 Freedom of the press

280
C h a p t e r
29
Religious Minorities

V
iolence against religious minorities continued to be reported
from Madhya Pradesh, Kerela, Rajasthan, Orissa and Andhra
Pradesh. The victims are mainly the Adivasis, indigenous
peoples who are the target of conversion and reconversion.
Reconversion of the indigenous/tribals peoples from
Christianity to Hinduism under Ghar Vapsi (Home Coming)
programme of the Vishwa Hindu Prishad, Rushikul Seva Trust,
Bharat Vikash Parishad (VHP), Vanavasi Kalyan Ashram and
Adivasi Suraksha Samiti continues.
Around 212 tribals who had embraced Christianity from two
western Orissa districts of Jharsuguda and Sundergarh were
reportedly re-converted to Hinduism at a specially arranged function
in Jharsuguda town on 4 March 2004 in a two-hour ceremony. The
ceremony was presided over by Bharatiya Janata Party leader Dilip
Singh Judeo, who reportedly washed and wiped the feet of the tribal
men, women and children with Ganga jal (water of Hindu holy river
Ganges) symbolizing their back home to Hinduism.1 On 19
September 2004, the Orissa units of the VHP and Bajrang Dal
reconverted 75 Christian tribals into Hinduism at a Ghara Bahuda
(home coming) ceremony at Sarad under Udala sub-division of
Mayurbhanj district. The converts belonged to 35 tribal families and
included 36 women.2 On 17 October 2004, about 85 Christian tribal
families comprising 336 members were reconverted to Hinduism at
a function organized by the VHP at Birda village in Sundergarh
district of Orissa. The reconversion included 114 men, 117 women
and 75 minor children, hailing from 11 villages of seven gram
INDIA HUMAN RIGHTS REPORT 2005
Panchayats spreading over three blocks -
Gurundia, Lathikata and Subdega.3
Unidentified masked miscreants
attacked the Roman Catholic Church at
Kudu under the Kuddu Police Station in
Lohardaga district of Jharkhand on the
night of 22 August 2004. Two of its
priests, father John Sundar and father
Albanus Tirkey were seriously injured
when they resisted the attack. The same
church that housed 150-odd students,
teachers, staff and priests was also
reportedly attacked by unidentified men
on 9 June 2004.4
On 10 February 2004, at least nine
persons, including seven women, were
allegedly tonsured and beaten up at
Khilipala village, in Orissa’s coastal
district of Jagatsinghpur, for attending the
church on 8 February 2004. Of 250
families of Khilipala, about 20 are
Christians.5 While rightwing Hindu
fundamentalists always maintained grudge
against them, they reportedly invited the
anger when they went to church to pray on
8 February, Sunday. Subsequently, a
pastor, Subhas Samal, was allegedly
attacked at his home. Apprehending
trouble, some 10 Christian villagers
reportedly fled the village on 9 February.
On 10 February 2004, the victims alleged,
some of the villagers forcibly entered their
houses in search of the male members, but
unable to find them, they tonsured the
women in the houses in the presence of the
villagers in broad daylight. The victims
were identified as Dolly Bhoi, Sanjukta
Kandi, Shanti Kandi, Sumitra Kandi,
282
Religious Minorities
Umitra Kandi, Nisha Samal, Nayana
Samal, Subhas Samal (pastor) and
Golakha Rout. Kandi, who bore the brunt
of the brutal communal attack, alleged that
two people held her hands while she was
stripped before being tonsured.6 A case
was reportedly registered and some
alleged accused were arrested.7
A crowd of over 300 people attacked
and ransacked a Catholic Church in the
Raikia town in Phulbani district of Orissa
on 27 August 2004.8 On 28 August 2004,
police arrested 12 persons.9
On 5 November 2004, in the Bejai
church, the Tabernacle was opened and
hosts were strewn, monstrance stolen and
other religious vessels were tested whether
silver or gold and money stolen.10
A group of five miscreants shouting
pro-BJP slogans allegedly attacked two
nuns- Sister Sirolina and Sister Rose
Merlyn of the Missionaries of Charity at
West Hill in Kozhikode and their driver
Saji when they came to a Harijan colony
near Pantheerankave in Kozhikode district
in Kerala to distribute food around noon
on 25 September 2004. Sister Sirolina
reportedly suffered head injuries. Hearing
the news, a second group of the
Missionaries of Charity consisting of
Mother Superior, Sister Kusumam of the
Vellimadukunnu centre, Brother Superior
Varghese of Mercy Home, Brother
Varghese, Sister Shalot, Kenyan
missionary Bernard and driver Anto
arrived at the spot. They were allegedly
attacked by a mob of over 30 persons.
Mother Superior, Sister Kusumam
INDIA HUMAN RIGHTS REPORT 2005
reportedly suffered head injuries. Sister
Shalot alleged that the attackers tried to
drag her and Mother Kusumam out of the
vehicle. Five of the injured had to be
admitted in a private hospital in
Kozhikode.11 On 26 September 2004, the
police rounded up 15 activists of the RSS
for questioning in connection with the two
attacks.12
On 12 September 2004, heavy
security arrangements foiled the attempt of
the VHP to demolish the tomb of Afzal
Khan, a 17th century Mughal governor, at
Panchwad, about 65 km from Pratapgarh
Fort in Satara district of Maharashtra. The
police arrested nearly 500 VHP activists,
and seized 13 vehicles carrying them to
Pratapgarh.13
Madhya Pradesh has also been at the
center of religious intolerance. On 30
December 2003, a group of Christian girls
who were participating in a bible quiz
competition were allegedly stoned and
humiliated near their prayer house at
village Antervalia in Jhabua district,
Madhya Pradesh by some members of the
local Hindu fundamentalist organisations.
The mob also burnt the jeep used by the
girls to reach village Antervalia. However,
no action has been taken against any of the
accused. On the same day, another group
of Hindu fundamentalists burnt the homes
of Lal Singh Bhuria and another Christian
resident in village Antervalia. Instead of
punishing the culprits, the police arrested
Lal Singh Bhuria. On 31 December 2003,
a mob allegedly humiliated the members
of the local Christian community at village
Religious Minorities
Gadauli Toli in Jhabua district.14
Atrocities against the Christians was
allegedly perpetrated following the
recovery of the dead body of a ten-year-
old girl identified as Sujata, daughter of
Panchhilal Saket15 on 11 January 2004 on
the premises of a Catholic Mission
compound in Jhabua town, Madhya
Pradesh. It was suspected that she was
raped and murdered. On 14 January 2004,
a group of Hindu fundamentalists
trespassed into the Catholic Mission
compound and beat up the principal, father
John Sunny, father John Kennedy and
father Arogya Swami. They also damaged
the motorcycle and jeep of the Principal.
Later police arrested the principal and
about six other priests. A Catholic Priest
and a deputy ranger KC Mal, also a
Christian, were also allegedly beaten up by
a mob of Hindu fundamentalists on 14
January 2004.16
On 16 January 2004, a few sadhvis
from Gujarat led by Krishna Behn went to
the village of Amkut, 60 km from Jhabua,
and allegedly trespassed into the CNI
mission, as a policeman stood guard
outside. They entered into classrooms
where examinations were being
conducted and tore down posters of Jesus,
and vilified the students. The Christians
reportedly retaliated by pelting stones on
those in the procession, forcing the
Sadhvis to flee. When news of the
retaliation reached the nearby town of
Alirajpur, several vehicles carrying armed
men led by Alirajpur MLA Nagar Singh
rushed to the village in the afternoon. But
283
INDIA HUMAN RIGHTS REPORT 2005
the Bhil converts ambushed one of them
outside the village of Punniawat, 3 km
from Amjut. Several men inside the
vehicle were injured and one of them died.
Following this, a mob comprising mainly
of Sewa Bharti, VHP and BJP men
attacked churches and Christian homes in
Alirajpur. Though the CNI church campus
is only 100 yards away from the police
station, the police did nothing to prevent
the attack.17 The then Chief Minister Uma
Bharati termed the violence as a law and
order problem. The administration
allegedly tried to shield the Hindu
rioters.18 The 12 persons arrested so far
include the head of the mission Theophile
Stephen, two of the female teachers, and a
priest for being part of the mob that pelted
stones at the sadhvis.19 In an interview to
the Indian Express, Chief Minister Uma
Bharati claimed, “There has been no
attack on any church. Jhabua ...was a
simple law and order problem that was
tackled within an hour.”20 Christians of
Jhabua district moved the NHRC against
atrocities on them, and demanded an
inquiry. 21 In early March 2004, the
Minister of State for Home, Jagdish
Muvel, categorically denied the arrest of
innocent Christians. He said 27 cases have
284
Religious Minorities
been registered, and one-member inquiry
committee, headed by DGP Narendra
Prasad, has been formed to probe into the
matter. 22
On 27 April 2004, the Madhya
Pradesh Christian Association accused the
state administration of harassing Christian
minorities in tribal-dominated Jhabua, and
denying justice to them. In protest against
the atrocities on the Christian minority
community, a rape victim decided to
immolate herself in front of the DGP’s
office on 29 April 2004. She alleged that
she was gang raped, her valuables looted
and her house burnt down in the riots
following the formation of the BJP
government in the state. Despite several
complaints the police allegedly failed to
register an FIR against the criminals.23
On 31 December 2004, about 45
unidentified tribals from Dahod district of
Gujarat allegedly attacked one Puran
Chand, who was allegedly converting
residents in Jhabua to Christianity.
Additional superintendent of police
Dharmendra Chowdhury said that after the
tribals stormed into Chand’s house, they
set a jeep, a motorcycle and a place of
worship on fire. The state government has
ordered a probe into the incident.24 ■
C h a p t e r
30
NHRC:
Clogged under operational
inefficiency

I. Overview

A
ll the National Human Rights Institutions (NHRIs) have
statutory limitations. Since the NHRIs are not expected to
supplement the judiciary and do not have enforcement
powers, the inability to implement their recommendations often
raises questions about their credibility.
The National Human Rights Commission of India is no
exception. It has its statutory limitations, among others, inability to
investigate abuses by the armed forces and the need to give prior
intimation to the authorities to visit any jail or any other institution
under the control of the State Government, where persons are
detained or lodged for purposes of treatment, reformation or
protection to study the living conditions of the inmates.
However, it is not the statutory limitations which has made
India’s NHRC more ineffective but its operational inefficiencies
such as non-registration of complaints, denial of the right to
information on the complaints, violation of the cardinal principle of
administration of justice by not providing response of the State to
the complainant in the course of considering the complaints, closure
of cases on frivolous grounds, exposing the complainants, flawed
investigation processes and lack of follow up mechanisms for
prosecution.
INDIA HUMAN RIGHTS REPORT 2005
Asian Centre for Human Rights
(ACHR) can unequivocally assert that its
observations are not based on assumptions
or hearsay but consistent and systematic
engagement with the NHRC.
Undoubtedly, NHRC has played a critical
role and continues to play a critical role for
the protection and promotion of human
rights in India. However, for those who
engage with the NHRC, it is only a
database centre for human rights
violations. The NHRC suffers from
serious credibility crisis.
II. Statutory limitations
Among the statutory limitations, four
key issues of concern are the lack of
plurality, keeping the armed forces out of
the purview of the NHRC and the
requirement of prior permission to visit
prisons.
a. Lack of plurality
The composition of National Human
Rights Commission does not reflect the
plurality as required under the Paris
Principles on National Human Rights
Institutions. Although Chairman of the
National Commission for Scheduled
Tribes, National Commission for
Scheduled Castes, National Commission
for Women and National Commission for
Minorities are included as statutory
members, these members are busy with
their own commissions. Effectively, there
is no representation from the Scheduled
Castes, Scheduled Tribes, Women and
Minorities. So much for plurality, NHRC’s
286
NHRC’s Inefficiency
website on the composition of the
Commission does not even include the
National Commission for Scheduled
Castes and National Commission for
Scheduled Tribes!
b. Lack of jurisdiction over the armed
forces
According to 2003-04 Annual Report
of Ministry of Home Affairs, India faces
intensive internal armed conflicts in
Assam, Arunachal Pradesh, Jammu and
Kashmir, Meghalaya, Manipur, Mizoram,
Nagaland and Tripura. In addition, Indian
states of Andhra Pradesh, Bihar,
Chattisgarh, Orissa, West Bengal, Madhya
Pradesh, Maharashtra, and parts of Uttar
Pradesh are afflicted by left wing
Naxalites movement against inequity and
social injustices. In most of these
situations, armed forces have been
deployed.
Yet, under Section 19 of the Human
Rights Protection Act, NHRC does not
have jurisdiction over the armed forces of
the government of India who are
responsible for gross and widespread
human rights violations in armed conflict
situations. It has a detrimental effect on
NHRC’s effectiveness1, particularly in
view of the human rights violations by the
armed forces.
c. Prison visit
The need to provide prior intimation
to the authorities for visiting any jail or
any other institution under the control of
the State Government, where persons are
INDIA HUMAN RIGHTS REPORT 2005
detained or lodged for purposes of
treatment, reformation or protection to
study the living conditions of the inmates
defeats the purpose of prison reforms.
d. Procedures for appointment
The appointment of Mr P C Sharma,
former Director of Central Bureau of
Investigation has been challenged before
the Supreme Court. As the Supreme Court
has observed, there is nothing wrong with
the procedures for appointment of Mr
Sharma as a member of the Commission.2
The critical issue is the conflict of interest
when a police officer is appointed as a
member of the NHRC when most
allegations of human rights violations are
against the police. The issue of conflict of
interest is not restricted to Mr Sharma but
extends to the staffing of the NHRC who
serve on deputation from various
Ministries.
Even though the then leader of
Opposition, Mrs Sonia Gandhi, was part of
the panel but she reportedly did not
respond to the intimation sent to her on the
appointment.3 The Congress party while in
opposition described the appointment of
Mr Sharma as “highly regrettable”. The
party did not favour the appointment
because Mr. Sharma, as the CBI chief, had
acquired the “odious reputation of being a
pliable police officer,” the AICC chief
spokesperson, S. Jaipal Reddy said. He
had “connived in sabotaging” the Ayodhya
case, he alleged.4 Yet, the UPA government
led by the Congress in its affidavit
supported Mr Sharma’s appointment.
NHRC’s Inefficiency
In July 2005, the People’s Union of
Civil Liberties (PUCL), which had
challenged in the Supreme Court the
appointment of Mr Sharma as National
Human Rights Commission (NHRC)
member, has sought the review of court’s
order approving his selection.5 The
question is whether the Supreme Court
could regulate conflict of interest when
those who are supposed to nominate
members of the NHRC do not their job.
III. Operational inefficiency
More than the statutory problems, it is
the operational inefficiency of the NHRC
that has been hampering its effectiveness.
The operational inefficiency ranges from
simply non-recognition of complaints to
violation of cardinal principle of
jurisprudence.
a. Non-registration of complaints
In its 2003-2004 Annual Report,
NHRC states that it has taken 3,75,758
cases in its first 10 years. One wonders as
to how many of the complaints were
simply not registered. ACHR did not
receive any acknowledgement on a large
number of complaints (please look into the
web edition for details) despite the
complaints being hand delivered.
b. Denial of the right to information: No
response from the NHRC
“The delays (in making its annual
reports public) have amounted to the
denial of right to information. The delay in
tabling the annual report before Parliament
287
INDIA HUMAN RIGHTS REPORT 2005
has resulted in a corresponding delay in
releasing its contents to the public. In the
process, both the elected representatives
and the public have, in effect, been denied
timely and comprehensive information on
the work and concerns of the
Commission”- lamented the National
Human Rights Commission of India in its
Annual Report 2002-2003
One wished NHRC followed what it
rightly preaches to the government of
India. Once NHRC registers a complaint,
the State authorities submit the reply.
NHRC has no standard practice to provide
such response from the State to the
complainant.
In the case of shooting on a teenaged
youth, Naorem Naobi (15/14/2003-2004)
in Manipur by the police, NHRC received
the reply from the State government of
Manipur on 6 September 2003. The
NHRC sat over the reply from the State
government of Manipur for about two
years and then issued notice to the Asian
Centre for Human Rights on 18 June 2005
directing it to reply by 23 July 2005. As
ACHR is still inquiring from the victim,
NHRC will most probably dismiss the
complaint for non-receipt of comments!
The NHRC does not practice right to
information. In the complaint filed by the
Committee for Citizenship Rights of the
Chakmas of Arunachal Pradesh (D.O
NO.5/1/2001 - PRP&P) NHRC
telephonically informed that permission
cannot be given to inspect the file.
In a number of cases, Asian Centre for
Human Rights has not received any
288
NHRC’s Inefficiency
response except the initial
acknowledgement (please look into the
web edition for details). Many NGOs did
not receive any response for about five
years.
c. The Kangaroo Court: Violation of
cardinal principle of jurisprudence
The fact that three out of five
members of the NHRC consist of persons
who have been Chief Justice of the
Supreme Court, a judge of Supreme Court
and a Chief Justice of the High Court has
not resulted in the NHRC upholding the
cardinal principle of administration of
justice. The cardinal principle of
jurisprudence requires that both the
prosecution and defence must be provided
copies of each other replies. In a number
of cases cited below, Asian Centre for
Human Rights has not received except the
acknowledgement and the final order.
ACHR was never permitted to submit
comments. It is more disappointing
considering that the NHRC exercises the
powers of a civil court relating to
inquiries under section 13 of the HRPA.
In the case of alleged extra-judicial
execution of 14-years-old Jitendra Reang,
a class VIII student of Ranguna High
School under Pechartal Police Station of
North Tripura district of Tripura by
Tripura police on 11 February 2002,
NHRC registered the complaint (No.
24/23/2002-2003/UC) on 4 September
2002. Thereafter, there was no information
from the NHRC until 28 March 2005 when
it gave its final order and closed the case.
INDIA HUMAN RIGHTS REPORT 2005
Asian Centre for Human Rights was never
given any information about the
proceedings despite that NHRC received
report from the State government of
Tripura on 12.1.2003 and 3 December
2004. Even though the victim was killed
by the police, the State Government of
Tripura took “a decision to provide
assistance to the next of kin of Jitendra
Reang under the assistance to the victims
of extremists violence”.
In another case, pertaining to the gang
rape of a Reang tribal girl by three Special
Police Officers of Tripura Police on 26
May 2003 (Case No. 5/23/2003-2004-
WC/UC), the NHRC did not provide any
information to the Asian Centre for
Human Rights except the
acknowledgement on 6 June 2003 and its
final order on 1 January 2005. The NHRC
held proceedings on 21.7.2004 and
15.9.2004.
Whether NHRC should share the
responses from the State authorities
depends on the whims and fancies of the
individual member of the NHRC or
possibly the Assistant Registrar. As the
above cases show, it is not mandatory for
NHRC to involve the complainant and it
delivers ex-parte order without giving any
opportunity to the complaint to submit his
or her comments. It is a sacrilege of
justice.
d. Dismissal of complaints on frivolous
grounds
NHRC often dismisses the complaints
on frivolous grounds. While NHRC takes
NHRC’s Inefficiency
little action when the State authorities fail
to provide response within stipulated time,
if the complainant cannot provide the
information in time, the cases are
summarily closed.
Asian Centre for Human Rights vide
its written complaint dated 5 July 2004
filed a complaint (No.44/3/2004-2005-
WC/UC) seeking the intervention of the
National Human Rights Commission into
the gang rape of an Adivasi woman of
Padmapakuri village under Gossaigaon
police station in Kokrajhar district of
Assam by three jawans of the 11th J & K
Light Infantry Regiment during the night
of 29 June 2004. On 16 September 2004,
the NHRC sent a copy of the Action Taken
Report of the Superintendent of police of
Kokrajhar district to the ACHR. The
Commission sought the comments of the
ACHR in response to which the AHCR
requested the Commission to direct the
State Government of Assam to submit
findings and recommendations of the
magisterial enquiry. As the findings and
recommendations of the magisterial
enquiry was a part of the action taken by
the State Government of Assam, it was
necessary for ACHR to have a copy of the
same to make its comments and therefore,
ACHR requested the commission to send a
copy of the same. On 8 February 2005, the
Commission informed the complainant
that the case has been close for non-receipt
of comments of the complainant!
NHRC is a law unto itself without any
established appeal mechanism!
289
INDIA HUMAN RIGHTS REPORT 2005
e. Exposing the complainants
Asian Centre for Human Rights has
been raising the issue of lack of protection
of witnesses/complainants. NHRC as a
routine matter forwards the complaints to
the concerned authorities who are
invariably the security forces. Across the
world, complainants face intimidation and
harassment from the security forces. It is a
standard practice in the UN system that
when a complainant requests anonymity,
the request must be respected to ensure
his/her safety, security and dignity. NHRC
has failed to introduce any reform in this
regard.
f. Flawed investigation process
In most of the cases, NHRC cannot
investigate the complaints. NHRC fails to
indicate as to how many cases it
investigated.
Since the CCRCAP filed the complaint
(D.O NO.5/1/2001 - PRP&P), NHRC on
many occasions promised to send its Special
Rapporteur to visit Chakma and Hajong
inhabited areas of Arunachal Pradesh. Both
Mr Shankar Sen, former Director General of
Investigation of the NHRC and Mr Chaman
Lal, Special Rapporteur of the NHRC were
scheduled to visit. But NHRC failed to send
any team so far.
In another complaint (No.100/3/2002-
2003) against police atrocities including
torching of the houses at the Hojaipur
village under Diphu police station, Karbi
Anglong, Assam on 25 August 2002,
NHRC allowed the Superintendent of
Police against whom the allegations have
290
NHRC’s Inefficiency
been filed to investigate the case.
g. Informing the complainant through
the press! The NHRC style
Prior to the 7th Annual Conference of
the National Human Rights Institutions in
Seoul in September 2004, NHRC issued a
press release stating that the Ministry of
External Affairs informed that Burmese
refugees could stay in India till their
refugee status is confirmed by the office of
the UN High Commissioner for Refugees.
The NHRC sought clarification from
MEA and Ministry of Home Affairs and
Commissioner of Police, Delhi, with
regard to the allegations made in the
complaint filed by the Asian Centre for
Human Rights. Since September 2004,
ACHR has not received a copy of the
response of the Ministry of External
Affairs from the NHRC! ACHR came to
know about it only through the media.
h. Lack of follow up for prosecution
The NHRC in its 1999-200) Annual
report stated that it provided compensation
to the tune of Rs 7,67,83634 in 598 cases.
The NHRC often orders interim
compensation but seldom follows up final
compensation.
Once compensation is awarded, there
is no follow up for prosecution of the
culprits. It ends with compensation.
Whenever NHRC participates in a
meeting related to the refugee issue,
NHRC proudly refers to the case of NHRC
vs. State of Arunachal Pradesh and Anr
(C.W.P. No. 720 of 1995). Nine years have
INDIA HUMAN RIGHTS REPORT 2005
passed, not a single Chakma and Hajong
has been granted citizenship pursuant to
the Supreme Court judgement. The NHRC
has failed to follow up implementation of
its own case.
IV. Conclusions and
recommendations
It is beyond the powers of the NHRC
to address the statutory limitations. The
NHRC has indeed raised many of these
issues. Chairman of the NHRC Justice A S
Anand has regretted that amendments to
the Human Rights Act are yet to be
implemented despite the commission’s
recommendations about five years ago.6
While the attitude of the government of
India remains condemnable, what about the
operational inefficiencies of the NHRC?
NHRC in fact cannot make any excuse.
There is no need for statutory changes to
address operational inefficiencies but mere
instructions from the Chairperson or the
Secretary General to clear up the clogged
up system. In this regard, Asian Centre for
Human Rights makes the following
recommendations to the NHRC.
- NHRC must establish an in-house
complaint mechanisms against
non-registration of complaints etc;
- NHRC must make it mandatory to
provide all the responses from the
State to the complainants
WITHOUT ANY CENSORSHIP.
If the State authorities request to
keep certain information
NHRC’s Inefficiency
confidential, the complainant
must be informed to enable
him/her to take necessary
measures including appealing to
the NHRC or the courts;
- NHRC must set a specific time
frame within which the responses
from the state authorities be
forwarded to the complainant;
- NHRC should develop a
computerized system where all
the complaints must come up for
scrutiny/follow up every six
months;
- NHRC should develop
mechanisms to consider appeals
against the closure of complaints
on frivolous grounds;
- NHRC must develop mechanisms
to protect the complainants and
order not to provide the addresses
of the complainants to the
authorities if so requested and that
NHRC must publicise in its
website that the complainants can
request to remain unanimous;
- NHRC must order that under no
circumstances, the police officer/s
against whom the allegations are
pending be requested to conduct
the inquiries against
himself/herself;
- NHRC must create a separate unit
for implementation of its
judgements or orders obtained
from the courts. ■
291
INDIA HUMAN RIGHTS REPORT 2005 NHRC’s Inefficiency

292
Endnotes
Andhra Pradesh
1. Andhra lifts ban on PWG, The Tribune, 22 July 2004
2. Naxal menace: CMs of 9 states to meet, The Pioneer, 10 September 2004
3. State yet to take action on reports of custody deaths, The Deccan Chronicle, 13 December 2004
4. The Pioneer, 5 July 2004
5. SC raps AP govt on jailed tribals, The Deccan Herald, 13 March 2004
6. Farmers’ plight, The Deccan Chronicle, 26 November 2004
7. CM blames TD for farmer suicides, Deccan Chronicle, 23 November 2004
8. 4 farmers end life in AP, The Deccan Herald, 20 May 2004
9. Andhra to set up human rights panel, The Central Chronicle, 2 November 2004
10. http://www.nhrc.nic.in/sec-2.pdf
11. Please refer to the NHRC Annual Reports
12. State yet to take action on reports of custody deaths, The Deccan Chronicle, 13 December 2004
13. Man ends life due to cops’ torture, The Deccan Chronicle, 15 April 2004
14. Five excise cops arrested over custodial death, The Deccan Chronicle, 29 July 2004
15. Youth dies in lock-up, The Hindu, 30 October 2004
16. Lock-up death leads to tension in Srikalahasti, The Deccan Chronicle, 23 December 2004
17. Two killed, three injured in police firing, The Shillong Times, 19 January 2004
18. AP orders probe into police firing, The Deccan Herald, 2 November 2004
19. A cold-blooded murder: rights activists, The Deccan Herald, 27 January 2004
20 . Mandal is a local administrative area
21. Four Naxalites killed in police operation, The Deccan Chronicle, 30 March 2004
22. 4 Naxals killed in encounter, The Deccan Chronicle, 5 May 2004
23. PWG Naxals killed in encounter, The Times of India, 15 May 2004
24. HR prepares report on police excesses, The Deccan Chronicle, 4 August 2004
25. Galla Aruna beaten up before CM’s meet, The Times of India, 20 April 2004
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

26. Drunken cops beat man, The Deccan Chronicle, 6 May 2004
27. Cops beat woman over land dispute, The Deccan Chronicle, 21 June 2004
28. Quarry manager collapses after beating by cops, The Deccan Chronicle, 29 June 2004
29. Fed up of atrocities in jail, 3 inmates attempt suicide, The Pioneer, 22 November 2004
30. SI’s torture drives youth to suicide, The Deccan Chronicle, 26 December 2004
31. Killing of Naidu to approach NHRC on political murders, The Pioneer, 9 September 2004
32. Probe ordered into Anantapur faction killings, The Pioneer, 18 September 2004
33. Dalits face wrath for teen’s temple visit, The Telegraph, 2 June 2004
34. Dalit leader a victim of caste bias, The Deccan Chronicle, 26 October 2004
35. In Venkaiah’s town, tell us your caste if you want water, The Indian Express, 27 April 2004
36 The Hindu, 22 February 2004
37. Seven injured as caste Hindus attack Dalits, The Deccan Chronicle, 5 February 2004
38. Students reject food prepared by Dalit women, The Hindu, 9 December 2004
39 . Land reforms have not helped Dalits in Andhra Pradesh, The Hindu, 10 August 2004
40. Dalit girl dies at hospital, HRF man held, The Deccan Chronicle, 22 September 2004
41. Dalit unions call for bandh today, The Deccan Chronicle, 21 July 2004
42. Dalit dies of starvation, The 20 December 2004
43. SC raps AP govt on jailed tribals, The Deccan Herald, 13 March 2004
44. AP told to free tribal prisoners, The Deccan Herald, 3 April 2004
45. A.P. extends Cr.P.C. provisions to tribal areas, The Hindu, 28 March 2004
46. Tribals attack forest officials, The Deccan Chronicle, 24 September 2004
47. The Deccan Chronicle, 29 October 2004
48. NHRC urged to ensure rights to tribals, The Deccan Chronicle, 19 November 2004
49. Villager says he was witness to police act, The Deccan Chronicle, 16 June 2004
50. Woman ends life due to SI’s harassment, The Deccan Chronicle, 30 June 2004
51. Yellow force to counter Naxal threat, the Deccan Chronicle, 20 February 2004
52. Naxals kill Cong leader in AP, The Central Chronicle, 16 January 2004
53. PW Naxals gun down TDP leader, The Central Chronicle, 5 February 2004
54. TD leader among 3 killed by Naxals, The Deccan Chronicle, 13 February 2004
55. TDP leader shot dead, The Hindu, 14 February 2004
56. PWG blasts mandal office, kills TDP leader, The Pioneer, 14 February 2004
57. PW Naxals gun down 3 TDP leaders, burn down vehicles, The Kashmir Times, 23
February 2004
58. Naxals kill TDP leader, The Hindu, 7 March 2004
59. Minister’s husband killed by AP Naxals, Deccan Herald, 19 March 2004

294
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

60. TD leader gunned down by Naxals, The Deccan Chronicle, 28 March 2004
61. PWG kills TD mandal leader, The Deccan Chronicle, 15 April 2004
62. PWG guns down former Naxalite, The Deccan Chronicle, 3 May 2004
63. Naxalites shoot dead Congress leader, The Deccan Chronicle, 7 May 2004
64. Naxals kill ex-sarpanch, The Hindu, 15 May 2004
65. CM blames TD for farmer suicides, Deccan Chronicle, 23 November 2004
66. 4 farmers end life in AP, The Deccan Herald, 20 May 2004
67. Farmers suicide toll crosses 100, The Deccan Chronicle, 31 May 2004
68. Farmers’ plight, The Deccan Chronicle, 26 November 2004
69. Starvation death: NHRC plea for relief, The Hindu, 8 May 2004
70. NHRC seeks report from AP Govt on suicide of farmers, The Deccan Herald, 2 June 2004
71. Judicial probe into suicides, The Times of India, 13 July 2004
72 . Andhra distributes 1-lakh acres of land to the poor, The Pioneer, 11 November 2004

Arunachal Pradesh
1. CCRCAP appeal dated 14 December 2004 to the National Human Rights Commission for
urgent interventions
2. NLFA serves quit notice on Chakma-Hajong refugees, The Sentinel, 12 December 2004
3. Buddhists being ‘harassed’ by Army, ultras, The Assam Tribune, 10 June 2004
4. Army continuing combing operation in Arunachal, The Sentinel 20 November 2004
5. Civilian killing’ snowballs into major crisis, The Sentinel, 28 December 2004
6. Election Commission of India’s order No.23/ARUN/2003 of 3 March 2004.
7. Election Commission of India’s order No.23/ARUN/2003 of 3 March 2004.
8. First-time voters Chakmas turn out big, The Hindustan Times, 6 May 2004
9. ACHR complaint dated 10 June 2004 to the NHRC
10. CCRCAP appeal dated 14 December 2004 to the National Human Rights Commission for
urgent interventions
11. Appeal of the CCRCAP dated 14 December 2004 to the Home Minister of India for urgent
interventions
12. Complaint of CCRCAP dated 15 December 2004 to the National Human Rights
Commission against the murder of Madan Hajong
13. Arunachal Pradesh State Government order-No. CS/HOME/94 dated 21 November 1994
14. Arunachal Pradesh State Government order no. CS/HOME/94 dated 21 November 1994
15. Arunachal Pradesh State Government order No FPSO-3/90-91 of 31 October 1991 banning
items under PDS
16. Patil assures Arunachal Chakma leaders, The Newslink, 9 September 2004

295
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

Assam
1. Cong has stopped secret killings, claims Gogoi, The Assam Tribune, 26 January 2004
2. US to Guwahati: We can get FBI to help probe your blasts, The Indian Express, 6 October
2004
3. New Karbi militant group emerges in Assam, The Pioneer, 17 December 2004
4. No similar offer for other surrendered rebels, The Sentinel, 19 February 2004
5. Centre calls DHD for peace talks, The Telegraph, 8 July 2004
6. Adivasi threat, The Telegraph, 8 July 2004
7. Custodial death, The Assam Tribune, 21 August 2004
8. Ulfa claims it carried out blast, The Asian Age, 18 August 2004
9. 2004 witnessed rise in ULFA killings, The Assam Tribune, 31 December 2004
10. Jawans get 10 years for rape, The Telegraph, 14 August 2004
11. The Sentinel, 23 April 2004
12 . Please refer to the NHRC Annual Reports
13. The Sentinel, 12 March 2004
14. Discontentment high after Army shoots youth dead, The Sentinel, 5 May 2004
15. Fresh tension in Nagaland, Assam border, The Shillong Times, 16 September 2004
16. Mamoni flays killing of ULFA cadres by Army, The Assam Tribune, 22 November 2004
17. Birbol’s killing triggers widespread protest in Kokrajhar, The Sentinel, 1 December 2004
18. Twin probes to calm Bodo belt- Protests against army killing mount, The Telegraph, 3
December 2004
19. Rumblings in Bodo belt over killings, The Telegraph, 2 December 2004
20. Twin probes to calm Bodo belt- Protests against army killing mount, The Telegraph, 3
December 2004
21. Tension in Dhemaji over killing, The Sentinel, 18 February 2004
22. Badarpur police firing takes new turn, The Sentinel, 25 March 2004
23. Inquiry committee to probe Badarpur firing, The Sentinel, 31 May 2004
24. Karbi Anglong organizations demand judicial probe, The Sentinel, 7 April 2004
25. AASU for probe into twin killings, The Telegraph, 9 August 2004
26. Custodial death, The Assam Tribune, 21 August 2004
27. 3 Die In Firing: In Custody In Karbi Hills, The Sentinel, Sunday 22 August 2004
28. Prisoner’s death creates sensation, The Sentinel, 18 April 2004
29. NH-52 blocked against Army atrocities, The Sentinel, 6 February 2004
30. Udalguri villagers approach NHRC over Army atrocities, The Assam Tribune, 9 March
2004
31. Udalguri villagers approach NHRC over Army atrocities, The Assam Tribune, 9 March 2004

296
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

32. Udalguri villagers approach NHRC over Army atrocities, The Assam Tribune, 9 March
2004
33. The Sentinel, 20 April 2004
34. Army denies atrocity charge, The Sentinel, 24 May 2004
35. AASU leader stripped by Army? AHRC seeks report, The Sentinel, 27 May 2004
36. Five gangraped in Kokrajhar - Army denies charge, Bodo bodies cry for justice, The
Telegraph, 2 January 2004
37. Issue of alleged rape by police, The Sentinel, 7 February 2004
38. Stringent action against jawans demanded, The Sentinel, 17 March 2004
39 Jawans rape Adivasi in Gossaigaon, The Telegraph, 1 July 2004
40 Jawans get 10 years for rape, The Telegraph, 14 August 2004
41. 4 Armymen held for molestation bid, The Assam Tribune, 4 July 2004
42. Girl spills torture tale, The Telegraph, 30 July 2004
43. Small comfort for army rape victim, HC asks defence ministry to pay Rs 1 lakh, The
Telegraph, 27 March 2004
44. AHRC awards compensation, IPS officer under scanner
45. Pay compensation to police firing victims: NHRC directs Assam Govt, The Sentinel, 7
October 2004
46. The Sentinel, 26 February 2004
47. Secret killing: statements recorded, The Sentinel, 29 September 2004
48. NSCN extracts Kuki peace promise, The Telegraph, 31 March 2004
49. ‘Peacemaker’ NSCN-IM in blame game over killings, The Telegraph, 5 April 2004
50. 3 More Killed In Diphu, The Sentinel, 21 January 2004
51. Militants blow up pipeline, go on killing spree, The Telegraph, 21 March 2004
52. 28 massacred in Karbi Anglong, The Sentinel, 25 March 2004
53. Karbi militants back out of surrender, The Telegraph, 2 April 2004
54. Kuki ultras gun down 4 in Karbi Anglong, The Assam Tribune, 28 March 2004
55. Karbi Anglong tension refuses to die down, The Sentinel, 5 July 2004
56. Khasi exodus from Cachar after murder, The Telegraph, 23 March 2004
57. The Assam Tribune, 18 August 2004
58. The Shillong Times, 2 December 2004
59. Riot-hit refugees move Gogoi yet again with same old woes, The Sentinel, 26 October
2004
60. The Sentinel, 15 August 2004
61. Gogoi assures Adivasis of rehabilitation, The Sentinel, 9 February
62. Rs 10 cr released for rehab of 10,000 refugees, The Assam Tribune, 16 June 2004
63. Govt to release Rs 10 cr for refugee settlement, The Sentinel, 15 October 2004

297
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

64. MLAs’ demand prevails Govt to provide ration till final rehab, The Sentinel, 10 March
2004
65. Muslim refugees rebuff State Govt offer, The Sentinel, 26 March 2004
66. Panel to expedite ST status to 6 communities, The Assam Tribune, 22 June 2004
67. 6th Schedule status to all ethnic tribes: Gogoi, The Assam Tribune, 2 March 2004
68. Discrimination against SC/ST employees alleged, The Assam Tribune, 24 September 2004
69. SC, ST bodies move Sonia to fill 12,000 backlog jobs, The Sentinel, 18 October 2004
70. Probe into tribal belt land issue, The Assam Tribune, 13 May 2004
71. Mass stir threat by Dimoria tribal body, The Sentinel, 14 December 2004
72. Govt halts transfer of tribal belt land, The Assam Tribune, 23 May 2004
73. Probe into tribal belt land issue, The Assam Tribune, 13 May 2004
74. Eviction notices issued to tribals living in reserve forests of Karimganj, The Assam
Tribune, 23 November 2004
75. Rights panel budget slashed, The Telegraph, 5 July 2004
76. 2004 witnessed rise in ULFA killings, The Assam Tribune, 31 December 2004
77. Ulfa claims it carried out blast, The Asian Age, 18 August 2004
78. Ulfa claims it carried out blast, The Asian Age, 18 August 2004
79. Businessman killed by suspected ULFA, The Sentinel, 9 January 2004
80. ULFA strikes with UNLF, NLFT to give up, The Sentinel, 16 April 2004
81. The Sentinel, 10 June 2004
82. Ultras gun down 3 in Karbi Anglong, The Assam Tribune, 11 June 2004
83. Assam bomb blast claims 7 lives, The Sangai Express, 25 June 2004
84. 8 hurt in grenade blast in Assam, The Times of India, 26 August 2004
85. BSF convoy attacked off Tura, 3 killed, The Shillong Times, 27 August 2004
86. Striking Terror at Will, The Sentinel, 5 October 2004
87. Ultras gun down 19 in Assam, The Tribune, 3 October 2004
88. 12 killed as blasts rock Assam for second day, The Hindu, 4 October 2004
89. Six mowed in Sonitpur, Dimapur probe in top gear, Death dance on, Patil on talk mode,
The Sentinel, 5 October 2004
90. NDFB strikes again, kills 10 in Dhubri, The Sentinel, 6 October 2004
91. 2 killed in twin blasts in city, The Sentinel, 14 December 2004
92. One killed, 50 hurt, minister’s house comes under attack, The Sentinel, 15 December 2004
93. Orgy of violence continues, The Sentinel, 16 December 2004
94. Another grenade attack in city; 1 killed, many hurt, The Sentinel, 17 December 2004
95. ULFA slaps extortion notes on 20 tea gardens, The Sentinel, 14 June 2004
96. UPDS kidnaps tea executives in Assam, The Shillong Times, 22 February 2004

298
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

97. Station killings spark railway jitters, The Telegraph, 30 April 2004
98. Minister’s son taken hostage in NC Hills, The Sentinel, 11 May 2004
99. ULFA abducts Assam Minister’s son, The Tribune, 31 May 2004
100. Ulfa frees Assam minister’s son, The Asian Age, 13 August 2004
101. Bodo rebels abduct shopkeeper, The Telegraph, 13 August 2004
102. Trader abducted, The Sentinel, 15 December 2004

Bihar
1. Bettiah SP Summoned by Patna High Court in Extortion Case, The Patna daily, 26
November 2004
2. Beur Prison Jailor Shot Dead by Naxalites in Patna, The Patna Daily, 30 March 2004
3. Bihar situation deteriorates, The Statesman, 16 November 2004
4. Hordes of firms quitting Bihar, The Pioneer, 29 September 2004
5. Voters panic as Ranvir Sena chief joins fray, The Statesman, 24 February 2004
6. Tandav means dance of the death.
7. Tandav Sena to join dance of death, The Statesman, 21 March 2004
8. Dalit woman’s horrible ordeal, The Deccan Herald, 30 July 2004
9. SC will hear plea on plight of death row convicts, The Times of India, 1 September 2004
10. Lives lost in trying to change lives, The Telegraph, 26 January 2004
11. NHRC Probing Handcuffing of a Child in Bihar, The Patna Daily, 26 November 2004
12. 148 custodial deaths in Bihar in 2003, The Times of India, 26 August 2004
13. Please refer to the NHRC Annual Reports
14. Several Hurt in Police-Prisoners Clash in Begusarai Jail, The Patnadaily, The 28 January
2004
15. Cop shoots fellow passenger in train, The Times of India, 30 January 2004
16. Goraul police shoots young man dead, The Times of India, 17 June 2004
17. Sasaram jail inmate dies, The Times of India, 3 September 2004
18. The Rajasthan Patrika, 27 September 2004
19. Four shot dead by drunken cop in Begusarai, The Hindustan Times, 19 November 2004
20. Police firing kills 1 in Purnia, The Times of India, 25 January 2004
21. Youth dies in Buxar village police firing, The Times of India, 27 January 2004
22. The Times of India, 17 August 2004
23. Lawyers attack ‘custodians, The Times of India, 31 January 2004
24. Man Beaten, Robbed by Railway Guards at Patna Junction, The Patna Daily, 16 September
2004

299
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

25. Hundreds of Naxalite Supporters Arrested in Patna, Patna Daily, December 6, 2004
26. NHRC issues show-cause to Bihar Govt, The Pioneer, 24 September 2004
27. Lifer to 3 cops in custodial death case, The Times of India, 30 January 2004
28. 7 yrs ago this week 59 Dalits were killed, charges are yet to be framed, The Indian Express,
29 November 2004
29. Ranbir Sena kills five Dalits, The Hindu, 4 January 2004
30. Five of family gunned down, The Indian Express, 14 January 2004
31. Five dalits killed in Bihar, The Tribune, 9 August 2004
32. PW militants kill 4 in Bihar, the Indian Express, 15 January 2004
33. Situation Tense in Gaya After Naxalites Set Huts on Fire, The Patnadaily, 23 April 2004
34. Naxals kill three in Gaya village, The Times of India, 26 April 2004
35. Maoist kill four in Bihar, The Times of India, 31 December 2004
36. PW kills four Dalits, The Hindu, 19 May 2004
37. PWG guns down four CPI-ML members, The Times of India, 20 August 2004
38. Asking for wage hike, are you a Naxalite?, The Pioneer, 7 July 2004
39. In Lalooland, Yadavs’ feast as Dalits left holding ration cards, The Pioneer, 5 July 2004
40. A child dead & her family starving, woman gives up baby for Rs 6,000, The Indian
Express, 14 September 2004
41. NHRC takes cognisance of sale of son to clear debt, The Hindu, 3 October 2004
42. Tales of poverty galore in Bihar, The Pioneer, 18 September 2004
43. Starvation deaths continue in Bihar, The Deccan Herald, 8 October 2004
44. Dalit woman’s horrible ordeal, The Deccan Herald, 30 July 2004
45. Dalit widow raped in police custody, The Deccan Herald, 16 September 2004
46. Dalit raped, killed in Bihar; month on, accused at large, The Indian Express, 18 September
2004
47. Two held in rape Case, The Times of India, 25 October 2004
48. Terror in time of peace equals war crime, says Supreme Court, The Statesman, 7 April 2004
49 Terror in time of peace equals war crime, says Supreme Court, The Statesman, 7 April 2004
50. Varghese K George, Social Injustice Part I, The Indian Express, 29 November 2004
51. Varghese K George, Social Injustice Part II, The Indian Express, 30 November 2004.
52. Varghese K George, Social Injustice Part III, The Indian Express, 1 December 2004.
53. Varghese K George, Social Injustice Part IV, The Indian Express, 2 December 2004
54. Prisoners living in sub-human condition, The Times of India, 5 July 2004
55. Prisoners living in sub-human condition, The Times of India, 5 July 2004
56. The Rajasthan Patrika, 7 June 2004
57. CBI probe sought in rape case: The Times of India, 11 January 2004

300
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

58. SC will hear plea on plight of death row convicts, The Times of India, 1 September 2004
59. Court seeks meeting with Rabri over juvenile justice, The Hindu, 7 February 2004
60. NHRC Probing Handcuffing of a Child in Bihar, The Patna Daily, 26 November 2004
61. Lives lost in trying to change lives, The Telegraph, 26 January 2004
62. Gaya social activists gunned down, The Pioneer, 26 January 2004
63. 4 held for social workers’ killing, The Deccan Herald, 27 January 2004

Chattishgarh
1. Agrawal denies 11 custodial deaths in State, Hitavada, 25 November 2004
2. Agrawal denies 11 custodial deaths in State, Hitavada, 25 November 2004
3. Agrawal denies custodial death, Hitavada, 8 June 2004
4. Youth allegedly died in custody, Hitavada, 8 June 2004
5. Inquiry into custodial death, Hitavada, 9 June 2004
6. Tribal Youth Ends Life In Police Custody, Deccan Herald, 3 September 2004
7. Tribal Youth Ends Life In Police Custody, Deccan Herald, 3 September 2004
8. Criminal cases against four cops, The Hindu, 11 September 2004
9. Tension prevails in Bhilai after custodial death, The Deccan Herald, 5 September 2004
10. Congress alleges one more death due to police torture, Hitavada, 16 October 2004
11. Dalit man dies in custody at Raipur, The Deccan Herald, 7 October 2004
12. Another custody death in Raman home district, The Indian Express, 7 October 2004
13. Youth commits suicide after police interrogation, Hitavada, 15 October 2004
14. Sahu Samaj alleges death in custody, Hitavada, 18 October 2004
15. Haribhumi, 11 October 2004
16. Rape accused commits suicide, Hitavada, 26 October 2004
17. Dalit youth dies in police custody, The Deccan Herald, 21 November 2004
18. Bastar police accused of raping ‘Naxalite, The Times of India, 10 April 2004
19. Govt. indifferent towards atrocities on Dalits, The Hindu 11 September 2004
20. http://www.countercurrents.org/dalit-george230804.htm
21. Govt. indifferent towards atrocities on Dalits, The Hindu 11 September 2004
22. Video conferencing in courts, jails, The Central Chronicle, 13 October 2004
23. Cramped jails turn TB den: Rights panel, The Indian Express, 2 February 2004
24. SDM to conduct probe into death of undertrial, Hitavada, 18 April 2004
25. Dainik Bhaskar, 27 November 2004
26. The Indian Express, New Delhi, 11 June 2004

301
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

27. Raipur blames Delhi for Naxal upsurge, The Asian Age, 8 November 2004
28. Taking on naxals, Rambo-ishtyle, The Times of India, 21 November 2004
29. C’garh announces naxals surrender policy, The Central Chronicle, 25 June 2004
30. Naxalites turn against religious conversions, The Indian Express, 25 November 2004

Delhi
1. 10,318 Complaints, 2,488 cops pulled up, The Hindustan Times, 6 January 2005
2. Boy who played cop before Charles beaten up by police, The Asian Age, 24 March 2004
3. Teenage torture case: HC blames police for inaction, The Times of India, 22 May 2004
4. Cop suspended for sodomy, The Hindustan Times, 25 September 2004
5. One woman is raped every 24 hours in city’, The Asian Age, 3 July 2004
6. Please refer to the NHRC Annual Reports
7. Cops bend law to save custody killers: Report, The Hindustan Times, 21 January 2004
8. Constable gets life term for custody death The Tribune, 14 January 2004
9. The Tribune, 15 June 2004
10. Armed with a licence to kill?, The Statesman, 23 January 2004
11. Cops use cash to ‘muffle’ brutality, The Statesman, 28 January 2004
12. Man beaten to death; Armymen held, The Hindu, 26 February 2004
13. Undertrial commits suicide, The Times of India, 23 April 2004
14. 35-year-old dies in city police lockup, The Asian Age, 7 July 2004
15. Pickpocket dies under mysterious conditions, The Times of India, 17 August 2004
16. RPF men beat man to death inside station, The Hindustan Times, 13 May 2004
17. Man allegedly beaten by cops, The Hindu, 17 February 2004
18. Boy who played cop before Charles beaten up by police, The Asian Age, 24 March 2004
19. Banker detained illegally by cops, The Times of India, 17 June 2004
20. Cops ‘beat up’ inmates over a cup of tea, The Indian Express, 17 April 2004
21. NHRC directive to police chief, The Central Chronicle, 18 May 2004
22. Vigilance inquiry into police brutality case, The Indian Express, 8 May 2004
23. Torture case probe: Rights body cries foul, The Indian Express, 26 May 2004
24. Beaten up in police custody, man battles for life in hospital, The Pioneer, 9 June 2004
25. Licence checking: Police ‘beat’ man, The Indian Express, 27 May 2004
26. Cop shoots at drivers, keeps gunning for him, The Times of India, 7 December 2004;
http://www.pucl.org/Topics/Police/2004/delhi-jeepdriver.htm
27. Cop suspended for sodomy, The Hindustan Times, 25 September 2004
28. RPF constable beats up ragpicker, The Times of India, 9 September 2004

302
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

29. Minor boy becomes victim of cops’ greed, The Pioneer, 23 September 2004
30. Cop in civvies beats NGO official, The Hindustan Times, 29 December 2004
31. One woman is raped every 24 hours in city’, The Asian Age, 3 July 2004
32. 4 RPF men accused of rape, two arrested, The Times of India, 30 May 2004
33. Delhi cop enters hostel, molests nurses, The Times of India, 26 July 2004
34. Crime and the city: Cop rapes woman in S Delhi, The Times of India, 24 December 2004
35. No trace of woman cop after girl files torture case, The Indian Express, 25 February 2004
36. SC/ST students unhappy with DU quota policy, The Statesman, 9 July 2004
37. No job quota for STs in Delhi: HC, The Indian Express, 6 July 2004
38. Decision on SC, ST quota draws flak, The Hindu, 14 September 2004
39. http://tiharprisons.nic.in/html/profile.htm
40. High Court summons home secy in jails issue, The Times of India, 26 August 2004
41. The Tribune, 15 December 2004.
42. Aged undertrials languishing in prison given bail, The Tribune, 7 June 2004
43. Granted bail, yet in jail, The Free Press Journal, 22 March 2004
44. Convict denied ‘freedom’ despite release order, The Pioneer, 3 April 2004
45. Man remains in jail despite bail due to police negligence, The Pioneer, 17 June 2004
46. HC orders judicial inquiry into custodial death, The Tribune, 30 August 2004
47. Undertrial’s death: HC hauls up Govt, cops, The Pioneer, 26 August 2004
48. Tihar accused of rights violation, The Indian Express, 25 February 2004
49. Under trial commits suicide, The Statesman, 20 April 2004
50. Tihar woman convict dies after assault, The Statesman, 6 July 2004
51. Women inmates riot in Tihar, The Deccan Chronicle, 7 July 2004
52. Exhuming of Tihar inmate’s body ordered, The Pioneer, 23 July 2004
53. Tihar’s secret: Tanu Lal died like Zohra a day before, The Indian Express, 23 July 2004
54. Tihar inmate commits suicide, The Pioneer, 9 September 2004
55. Social activist beaten up for complaining against criminals, The Tribune, 28 August 2004
56. Her throat slashed but not silenced, The Indian Express, 31 December 2004

Gujarat
1. Gallery vandalised over Durga painting, The Times of India, 30 January 2004
2. Rape, murder charges against Kadi PSI, The Indian Express, 28 November 2004
3. Please refer to the NHRC Annual Reports
4. SC orders review of all Gujarat riot cases, The Hindustan Times, 18 August 2004
5. Lashkar terrorists shot dead, The Hindu, 16 June 2004

303
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

6. The Asian Age, 16 July 2004

7. The Hindustan Times, 20 September 2004
8. CID questions Gujarat human rights activist, The Indian Express, 11 June 2004
9 IG or IAS officer, Dalit is still an untouchable, The Times of India, 29 June 2004
10. Thirsty Gujarat celebrates as Narmada dam height raised, Kutch to drink, The Indian
Express, 17 March 2004
11. Narmada team cuts short tour, The Hindu, 15 December 2004
12. New probe ordered into Sabarmati Exp fire, The Central Chronicle, 3 September 2004
13. Three killed in Vadodara clash, police firing, The Hindu, 28 February 2004
14. SC orders review of all Gujarat riot cases, The Hindustan Times, 18 August 2004
15. Court orders review of acquittal in riot cases, The Hindu, 24 August 2004
16. Bakery case: Court to frame charges afresh, The Times of India, 9 September 2004
17. SC settles PP row in Best Bakery Case, The Statesman, 17 August 2004
18. Bakery case: Court to frame charges afresh, The Times of India, 9 September 2004
19. 21 ‘acquited’ to be booked again in Best Bakery Case, The Times of India, 16 September
2004
20. Charges framed against accused in Best Bakery Case, The Deccan Herald, 23 September
2004
21. No more hostile, witness recalls Best Bakery night, The Indian Express, 6 October 2004
22. Zaheera knocks on NCM door, The Statesman, 9 November 2004
23. Best: Teesta moves SC for CBI probe into U-turn, The Indian Express, 7 November 2004
24. Godhra accused allege harassment in jail, The Times of India, 21 January 2004
25. The Times of India, 13 July 2004
26. CID questions Gujarat human rights activist, The Indian Express, 11 June 2004
27. Lift curbs on Sarabhai, SC asks Gujarat, The Tribune, 17 February 2004
28. Lift curbs SC again for freedom, The Times of India, 27 February 2004
29. VHP men assault NGO chief, The Tribune, 12 April 2004
30. Protection for Teesta Setalvad meeting, The Hindu, 13 April 2004
31. Modi targets NGOs taking up rights issues, The Hindustan Times, 12 June 2004
32. CID questions Gujarat human rights activist, The Indian Express, 11 June 2004
33. The Hindustan Times, 20 September 2004
34. Hot Pota-toes in Gujarat cauldron, The Times of India, 25 May 2004
35. The Asian Age, 16 July 2004
36. Gujarat lawyers held under POTA, The Deccan Herald, 24 November 2004
37. Row over cremation ground lands Dalits in grave trouble, The Deccan Herald, 10 March
2004

304
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

38. IG or IAS officer, Dalit is still an untouchable, The Times of India, 29 June 2004
39. IG or IAS officer, Dalit is still an untouchable, The Times of India, 29 June 2004
40. IG or IAS officer, Dalit is still an untouchable, The Times of India, 29 June 2004
41. IG or IAS officer, Dalit is still an untouchable, The Times of India, 29 June 2004
42. Thirsty Gujarat celebrates as Narmada dam height raised, Kutch to drink, The Indian
Express, 17 March 2004
43. Narmada team cuts short tour, The Hindu, 15 December 2004
44. Narmada nightmare for tribals, The Telegraph, 13 July 2004

Haryana
1. HR commission notice to Haryana, The Kashmir Times, 7 February 2004
2. Gender discrimination rampant in Haryana, The Hindustan Times, 15 December 2004
3. Please refer to the NHRC Annual Reports
4. Protesters seek cops’ arrest for youth’s death, The Tribune, 27 February 2004
5. Custodial death case: judicial custody for SHO, The Tribune, 15 June 2004
6. Dalits protest ‘custodial killing’, The Tribune, 28 July 2004
7. Destitute woman beaten up by policemen, The Tribune, 6 January 2004
8. Head Constable held for torturing youth, The Tribune, 22 September 2004
9. NHRC orders action against cops, The Tribune, 14 September 2004
10. Army man held on rape charge, The Tribune, 29 July 2004
11. Youth beaten up by police, The Pioneer, 27 September 2004
12. Gender discrimination rampant in Haryana, The Hindustan Times, 15 December 2004
13. Girl trafficking on the rise in Assam, The Sentinel, 27 December 2003.
14. Woman abducted, sold as brides, The Indian Express, 29 January 2004
15. 15-yr-old ‘sold off’, raped, The Tribune, 15 January 2004
16. Captive minor girl rescued from traffickers, The Tribune, 15 July 2004
17. AIDWA takes `gotra’ case to NHRC, The Hindu, 27 October 2004
18. NHRC to move SC in case of alleged human rights violation, The Deccan Herald, 27
October 2004
19. Sonia’s struggle bears fruit - Villagers to validate her marriage, The Tribune, 29 October 2004
20. Uneasy calm at Jakholi village - Boycott of Lohans hits their livelihood, The Tribune, 27
October 2004
21. Supreme Court asks Haryana cops to protect couple, The Tribune, 8 December 2004
22. Another couple in gotra knot, The Tribune, 19 December 2004
23. Victims call for stringent laws to end ‘honour killings’, The Indian Express, 12 January
2004

305
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

24. Minor Dalit raped, The Tribune, 10 July 2004

25. Police ‘pressurising’ Dalit family to compromise, The Tribune, 5 December 2004
26. Disabled Dalit worker alleges witch-hunt, The Tribune, 11 October 2004
27. Villagers forced to migrate due to thermal plant pollution, The Tribune, 21 June 2004
28. Plea to CJ to set up panel for the displaced, The Tribune, 21 September 2004

Himachal Pradesh
1. HC issues notices on appointment of rights panel chief, The Tribune, 7 January 2004
2. N.C. Jain rights panel chief, The Tribune, 25 November 2004
3. Tibetan peace marchers lathicharged, The Tribune, 12 February 2004
4. 4 get jail term for atrocities on SC, The Tribune, 2 December 2004
5. 4 get jail term for atrocities on SC, The Tribune, 2 December 2004
6. 2 Dalits beaten to death in HP, The Tribune, 29 March 2004
7. Youths held for beating Dalit to death, The Tribune, 30 April 2004
8. Dalit woman resents police inaction, The Tribune, 12 September 2004
9. Three Dalits made to sit separately, Mid-day meal scheme in schools, The Tribune, 20
September 2004
10. Youth complains against cops, The Tribune, 24 December 2004
11. Inquiry on Dalit boy’s plea begins, The Tribune, 26 December 2004
12. Inquiry on Dalit boy’s plea begins, The Tribune, 26 December 2004
13. Displaced families yet to get land, The Tribune, 23 January 2004
14. Pong dam oustees’ case transferred to HP High Court, The Tribune, 29 January 2004

Jammu and Kashmir

1. 2004 witnessed less violence: govt, The Kashmir Times, 2 January 2005
2. J-K completed only 1 out of 54 probes ordered, The Indian Express, 2 December 2004
3. Cops charge Army with murder in Valley firing, The India Express, 12 September 2004
4. Advani orders probe into 18 disappearances, The Kashmir Times, 24 January 2004
5. Valley of individual trauma, The Indian Express, 8 December 2004
6. Transporter’s death in Jammu SHO suspended, probe ordered into death, The Kashmir
Times, 14 February 2004
7. The Tribune, 26 April 2004
8. 2004 witnessed less violence: govt, The Kashmir Times, 2 January 2005
9. Armymen rape woman, minor daughter in J&K, The Statesman, 9 November 2004
10. Militants chop off woman’s nose, tongue, The Hindustan Times, 12 July 2004

306
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

11. Kashmir Bar releases report on J&K jails, The Kashmir Times, 25 April 2004
12. 326 detenues released in PDP-Congress rule, The Kashmir Times, 29 February 2004
13. 86 POTA detenues released: Veeri, The Kashmir Times, 26 February 2004
14. J&K seeks special employment package for KPs, The Kashmir Times, 18 December 2004
15. Centre has given nod to migrant - rehabilitation package: J&K govt, The Kashmir Times,
14 December 2004
16. Refugees leading miserable lives despite ceasefire, The Tribune, 28 November 2004
17. Massive protest demonstration at Khour, The Kashmir Times, 3 March 2004
18. Gujjar and Bakerwals living below poverty line in J and K, The Kashmir Times, 24
November 2004
19. Valley of individual trauma, The Indian Express, 8 December 2004
20. 8,000-10,000 Kashmiri disappear in fifteen years UNHCR intervention sought, The
Kashmir Times 24 March 2004
21. 575 complaints of HR abuse in 2003-04, The Kashmir Times, 4 November 2004
22 Advani orders probe into 18 disappearances, The Kashmir Times, 24 January 2004
23. Police told to probe youths’ disappearance, The Tribune, 23 August 2004
24. Labourers working on LoC fencing reported missing, The Kashmir Times, 7 February 2004
25. Haripora villagers protest against disappearance, The Kashmir Times, 5 May 2004
26. Protest in Sopore after youth’s disappearance, The Kashmir Times, 21 June 2004
27. Civilians used as shield against militants, The Kashmir Times, 27 July 2004
28. Please refer to the NHRC Annual Reports
29. Encounter death: HC seeks explanation from Govt, BSF, The Pioneer, 9 December 2004
30. J-K completed only 1 out of 54 probes ordered, The Indian Express, 2 December 2004
31. ‘Case of mistaken identity’ The Kashmir Times, 11 January 2004
32. Boy’s killing by troops triggers protests, The Tribune, 12 March 2004
33. Protests as teenager shot dead, The KashmirTimes, 17 May 2004
34. Villagers block highway over civilian’s killing, The Tribune, 11 June 2004
35. Protest demonstrations in Damhal Hanjipora, The Kashmir Times, 29 July 2004
36. Cops charge Army with murder in Valley firing, The India Express, 12 September 2004
37. Massive protests in Karnah against youth’s ‘killing’, The Kashmir Times, 27 September
2004
38. Protest in Sopore - Slain ‘militant’ turns out to be medical employee, The Kashmir Times,
17 December 2004
39. Killing of civilians: FIR registered against Army, The Hindu, 9 February 2004
40. Villagers say wounded asked to check IED, The Indian Express, 14 December 2004
41. ‘Custody death’ draws Srinagar out on streets, The Indian Express, 18 February 2004
42. Demonstrations in Narbal against civilian’s killing, The Kashmir Times, 18 February 2004

307
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

43. Imam’s killing evokes protest demonstration in Doda, The Kashmir Times, 13 February
2004
44. Transporter’s death in Jammu SHO suspended, probe ordered into death, The Kashmir
Times, 14 February 2004
45. Protests in Anantnag as cops kill civilian, CM orders action, The Kashmir Times, 12 May
2004
46. One killed as police fires at protesters, The Tribune, 27 February 2004
47. Two killed, 15 hurt in Kashmir violence, The Pioneer, 30 November 2004
48. Security forces let loose reign of terror: Protestor killed, 4 injured in firing, The Kashmir
Times, 1 December 2004
49. Protests over killing of mentally challenged, The Tribune, 26 December 2004
50. Personnel enmities playing havoc with innocents, The Kashmir Times, 7 December 2004
51. Suomoto action on KT report, SHRC directs IGP to files, report on ‘SOG atrocities’, The
Kashmir Times, 17 January 2004
52. Army excesses in Doda village, Villagers beaten up after encounter, The Kashmir Times,
12 February 2004
53. Army excesses triggers protests, 3 militants killed in Valley, The Kashmir Times, 25
February 2004
54. APDP members beaten up Mercilessly, The Kashmir Times, 21 March 2004
55. The Kashmir Times, 13 May 2004
56. Protest against security forces in Sopore, The Kashmir Times, 25 August 2004
57. Youth injured as cops open fire on protestors, The Kashmir Times, 7 December 2004
58. Armymen go berserk in city, beat up cops, photo journalists, The Kashmir Times, 11
October 2004
59. New ultra acts to terrorise J&K, The Statesman, 22 March 2004
60. Militants chop off ears to scare away voters, The Hindustan Times, 22 April 2004
61. 21 hurt in mosque blasts, The Tribune, 10 January 2004
62. 17 BSF jawans, 18 family members killed, The Tribune, 24 May 2004
63. 22 civilians injured in Bijbehera blasts, The Kashmir Times, 24 June 2004
64. 4 killed, 38 injured in Kapran blast, The Kashmir Times, 20 July 2004
65. The Asian Age, 16 August 2004
66. 2004 witnessed less violence: Govt, The Kashmir Times, 2 January 2005
67. PDP leader shot dead, 2 policemen with him, The Indian Express, 17 February 2004
68. Another PDP leader killed, The Pioneer, 18 February 2004
69. PDP activist shot dead, The Kashmir Times, 20 December 2004
70. 2004 witnessed less violence: Govt, The Kashmir Times, 2 January 2005
71. Cong leader shot in Anantnag, The Tribune, 30 September 2004
72. The Times of India, 9 November 2004

308
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

73. 2004 witnessed less violence: Govt, The Kashmir times, 2 January 2005
74. Ultras attack NC rally in Doda, 2 killed, 60 hurt; CPM motorcade attacked in Pulwama,
The Tribune, 29 April 2004
75. Safdar Beigh shot dead in Anantnag, PSO injured, The Kashmir Times, 22 October 2004
76. Shot by militants, Mirwaiz kin dies, The Indian Express, 8 June 2004
77. Hurriyat dove shot in Srinagar, The Hindustan Times, 1 October 2004
78. Militants shoot ‘informer’, The Tribune, 14 March 2004
79. Man shot dead in Ramban, The Kashmir Times, 30 April 2004
80. 4 civilians shot dead in Jammu region, The Kashmir Times, 25 May 2004
81. 2 civilians killed in Rajouri, cops shot in Kishtwar, The Kashmir Times, 14 August 2004
82. Three beheaded in Rajouri, The Tribune, 9 September 2004
83. Civilian killed in Gool, 2 over - ground workers nabbed in Doda, The Kashmir Times, 28
December 2004
84. Man, son shot dead by ultras in Mahore, The Kashmir Times, 18 February 2004
85. Civilian shot death in Banihal, The Kashmir Times, 18 May 2004
86. Man hanged to death by militants, Kashmir Times, 19 August, 2004
87. 4 of family massacred in Mahore, The Kashmir Times, 19 August 2004
88. Militants send a reminder, The Indian Express, 17 November 2004
89. Militants kill couple, cable operator in J&K, The Deccan Herald, 12 January 2004
90. Civilian shot dead by ultras, The Kashmir Times, 7 February 2004
91. Militants blast house, two children killed, The Indian Express, 23 March 2004
92. Civilian shot dead by ultras in Gandoh, The Kashmir Times, 9 April 2004
93. 5 Policemen Killed In Militant Attack, The Deccan Herald, 3 July 2004
94. Ex-BSF official, 4 family members gunned down by militants in Rajouri, The Kashmir
Times, 21 July 2004
95. Militants slit throats of three, The Tribune, 14 September 2004
96 Militants slit throat of 18 year old, The Kashmir Times, 3 November 2004
97. 3 militants among 7 killed, Qazi Afzal’s nephew abducted by ultras in Ganderbal, The
Kashmir Times, 10 February 2004
98. Militants storm school take students hostage, The Times of India, 12 March 2004
99. Teacher kidnapped, shot at in Budgam, The Kashmir Times, 30 April 2004
100. Abductors kill engineer, brother in J&K, The Deccan Herald, 26 June 2004
101. Civilian abducted in Rajouri, The Kashmir Times, 1 August 2004
102. Militants kidnap Kashmir CM’s nephew, The Times of India, 24 September 2004
103. Year that was: 2004 -Women hog limelight but for all wrong reasons, The Kashmir Times,
3 January 2005
104. Protest over woman allegedly killed in lathicharge, The Kashmir Times, 19 February 2004

309
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

105. Kashmiris protest schoolgirl’s torture, The Asian Age, 10 July 2004
106. Armymen rape woman, minor daughter in J&K, The Statesman, 9 November 2004
107. Army Major gets the boot for outraging modesty of girl (12), The Free Press Journal, 1
February 2005
108. BSF man rapes woman, The Kashmir Times, 3 January 2004
109. Raped, J-K girl set herself afire, dies in hospital, The Indian Express, 10 March 2004
110. Cops held on charge of raping minor, The Tribune, 18 April 2004
111. Probe ordered into molestation by jawans, The Tribune, 8 May 2004
112. Jawan molests girl in Kupwara, The Times of India, 17 May 2004
113. CRPF detains molests girl protests in Lower Munda, Kashmir Times, 12 September 2004
114. 4 security men, 3 others gang rape girl, The Kashmir Times, 29 October 2004
115. Woman ‘raped, killed’ by forces, The Kashmir Times, 20 December 2004
116. Another rape charge against Army, now in Anantnag, The Indian Express, 23 December
2004
117. Army denies Sheikhpora-Sallar rape charge - Soldier dismissed for misconduct, gets one
year RI, The Kashmir Times, 28 November 2004
118. Militants kill three women, The Tribune, 28 January 2004
119. Militants kill three women, The Tribune, 28 January 2004
120. The Kashmir Times, 29 February 2004
121. Militants torture to death ‘informant’ widow, The Shillong Times, 11 May 2004
122. Militants torture 4 of family to death, The Tribune, 11 June 2004
123. Militants chop off woman’s nose, tongue, The Hindustan Times, 12 July 2004
124. Scarred for life, The Statesman, 14 December 2004
125. 3 of family hacked to death, SPO killed, The Kashmir Times, 27 July 2004
126. Woman shot dead by militants in Doda, The Kashmir Times, 23 August 2004
127. Youth killed; mother, sister shot at by militants in Rajouri, The Kashmir Times, 3
September 2004
128. Militants beat women in Rajouri, Kashmir Times, 11 September 2004
129. Daughter of CPI-M activist among 3 killed in valley, The Kashmir Times, 13 September
2004
130. Militants kill six civilians in J&K, The Central Chronicle, 26 October 2004
131. 326 detenues released in PDP-Congress rule, The Kashmir Times, 29 February 2004
132. 533 persons languishing in jails, The Kashmir Times, 24 February 2004
133. 537 persons detained under PSA in J&K, The Kashmir Times, 20 August 2004
134. J&K panel reviews cases of Public Safety Act detainees, The Hindu, 30 January 2004
135. Centre approves release of 24 detenues under PSA, The Kashmir Times, 6 March 2004
136. Court orders release of doctor, The Tribune, 14 June 2004

310
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

137. 86 POTA detenues released: Veeri, The Kashmir Times, 26 February 2004
138. Kashmir Bar releases report on J&K jails, The Kashmir Times, 25 April 2004
139. Mystery shrouds detenue’s death, The Kashmir Times, 9 June 2004
140. Militants not being released despite court orders: Hurriet, The Kashmir Times, 23 July
2004
141. Detenues not allowed to attend courts on false pretexts, The Kashmir Times, 8 December
2004
142. J&K seeks special employment package for KPs, The Kashmir Times, 18 December 2004
143. J&K mulls job package for Pandits, The Pioneer, 23 December 2004
144. Centre has given nod to migrant - rehabilitation package: J&K govt, The Kashmir Times,
14 December 2004
145. Central team in Jammu to study pandits’ issues, The Economic Times, 20 December 2004
146. J&K mulls job package for Pandits, The Pioneer, 23 December 2004
147. Refugees leading miserable lives despite ceasefire, The Tribune, 28 November 2004
148. Massive protest demonstration at Khour, The Kashmir Times, 3 March 2004

Jharkhand
1. PWG proposes talks, Munda still cautious, The Indian Express, 21 June 2004
2. Police a mute spectator to MCC-PWG merger, The Pioneer, 11 November 2004
3. PWG offers conditional talks with Jharkhand Govt, The Pioneer, 21 June 2004
4. Human rights jab at cops, NSS, The Telegraph, 10 July 2004
5. Rights rap on Longo rebel-hunters, The Telegraph, 12 May 2004
6. Rights rap on Longo rebel-hunters, The Telegraph, 12 May 2004
7. Rights rap on Longo rebel-hunters, The Telegraph, 12 May 2004
8. Rights rap on Longo rebel-hunters, The Telegraph, 12 May 2004
9. Nephew kidnap accused dies in custody, The Telegraph, 3 July 2004
10. Jail death probe cries murder, The Telegraph, 14 August 2004
11. NHRC seeks jail report, The Telegraph, 6 September 2004
12. Lawyers get taste of khaki fury, The Telegraph, 29 April 2004
13. Human rights jab at cops, NSS, The Telegraph, 10 July 2004
14. Rights probe into police torture, The Telegraph, 6 July 2004
15. Raid on tribal home for gizmos, The Telegraph, 2 December 2004
16. 9 scribes summoned to Naxalite court, The Deccan Herald, 18 May 2004
17. Four persons killed by rebels in Jharkhand, The Deccan Herald, 13 May 2004
18. MCCI activists kills two persons on Giridih-Hazaribagh border, The Ranchiexpress, 17
May 2004

311
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

19. MCC abducts BDO, 3 others, The Pioneer, 12 January 2004

20. Rebels blow up railway station in Jharkhand, The Deccan Herald, 8 January 2004
21. MCC activists blow up govt building, The Times of India, 21 July 2004
22. Jharkhand Naxals blast rly station, The Pioneer, 25 October 2004
23. Naxalites blow up guest house in Jharkhand, The Deccan Herald, 17 November 2004
24. Illegal mining taking heavy toll of women in Jharkahnd: NCW, The Kashmir Times, 23
December 2004
25. Stripped, tonsured, flogged... all for love, The Times of India, 12 December 2004
26. Stripped, tonsured, flogged... all for love, The Times of India, 12 December 2004
27. Tribal population in Jharkhand registers sharp decline over years, The Ranchiexpress, 12
July 2004
28. Inclusion of Kurmis in ST list causes dispute in Jharkhand, The Deccan Herald, 2
December 2004
29. Tribals irked by move to appease backwards, The Pioneer, 30 November 2004
30. 48-hour chakka jaam in Jharkhand, The Deccan Herald, 18 December 2004
31. Tribal battle cry to reclaim lost land, The Telegraph, 25 September 2004
32. The displaced left to fend for themselves in Jharkhand, The Pioneer, 18 August 2004
33. The displaced left to fend for themselves in Jharkhand, The Pioneer, 18 August 2004
34. Cabinet approves amendment to State’s rehabilitation policy, Ranchi Express, 5 December
2004
35. Tribals’ land being grabbed with impunity, The Times of India, 15 May 2004
36. Tribals’ land being grabbed with impunity, The Times of India, 15 May 2004
37. Tribals’ land being grabbed with impunity, The Times of India, 15 May 2004
38. Tribals’ land being grabbed with impunity, The Times of India, 15 May 2004
39. Tribals live with fluorosis as govt turns blind eye, The India Express, 13 January 2004
40. A tribe’s fight for survival Pahariyas battle the scourge of disease, The Telegraph, 4 August
2004
41. A tribe’s fight for survival Pahariyas battle the scourge of disease, The Telegraph, 4 August
2004
42. 14 starvation deaths ‘reported’ in Jharkhand, The Central Chronicle, 20 September 2004
43. Starvation deaths, The Hindu, 21 September 2004
44. NHRC asks Jharkhand to explain ‘starvation’ deaths, The Deccan Herald, 7 October 2004
45. Court whip on hunger death, The Telegraph, 17 April 2004
46. Woman dies of starvation in Jharkhand, The Deccan Herald, 28 August 2004
47. Jharkhand farmer’s suicide may be tip of iceberg, The Pioneer, 6 September 2004
48. Starvation whiff in twin deaths, The Telegraph, 21 October 2004

312
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

49. Starvation whiff in twin deaths, The Telegraph, 21 October 2004

50. Jharkhand people denied food for reporting hunger death, The Shillong Times, 28 October
2004
51. Jharkhand top in POTA arrests, The Central Chronicle, 12 June 2004
52. Pota: A law more misused than used, The Times of India, 2 June 2004
53. Jharkhand top in POTA arrests, The Central Chronicle, 12 June 2004
54. State top on list of Pota false cases, The Telegraph, 16 July 2004
55. State top on list of Pota false cases, The Telegraph, 16 July 2004
56. Affidavit of the victim is available with Asian Centre for Human Rights.
57. Affidavit of the victim is available with Asian Centre for Human Rights.
58. 145 POTA detenues released in Jharkhand, The Kashmir Times, 11 June 2004

Karnataka
1. YSR neighbour Dharam stays garam on Naxals, The Pioneer, 13 October 2004
2. CM invites Naxals for talks, The Deccan Herald, 24 June 2004
3. PWG urges govt to fulfil various demands, The Deccan Herald, 6 July 2004
4. Lock up death: Pavagada inspector suspended, The Deccan Herald, 18 March 2004
5. Naxals attack farmer for helping police, Deccan Herald, 23 November 2004
6. Please refer to the NHRC Annual Reports
7. Lock up death: Pavagada inspector suspended, The Deccan Herald, 18 March 2004
8. Watchman detained illegally by police dies mysteriously, The Deccan Herald, 3 June 2004
9. Frenzied mob protest against police ‘atrocities’ in Sindhanur, The Deccan Herald, 5
December 2004
10. Hoysala police accused of beating up doc, The Deccan Herald, 3 January 2004
11. Arrested youth allege torture by MEG personnel, The Deccan Herald, 27 May 2004
12. Police beat up hotel room boy, leave him semi-conscious, The Deccan Herald, 4 June
2004
13. Office boy beaten up: Meeting to discuss further action, The Deccan Herald, 10 June
2004
14. Transsexual complains of police harassment, The Central Chronicle, 24 June 2004
15. Mobile theft lands boys in ‘torture chamber’, The Deccan Herald, 29 October 2004
16. Children identify ‘torturer’, The Hindu, 27 November 2004
17. Mystery shrouds ‘rape’ of undertrial by police, The Deccan Herald, 6 October 2004
18. SC dismisses appeal in Gulbarga rape case, The Deccan Herald, 3 February 2004
19. Constable rapes school girl, The Deccan Herald, 21 October 2004
20. JVV protest atrocities on Dalits, The Deccan Herald, 13 May 2004

313
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

21. Atrocities on Dalits increasing, The Deccan Herald, 28 August 2004

22. Evacuation of Sargodu, Masagali forest area encroachment soon, Deccan Herald, 7 June
2004
23. The Nagarahole experience, The Deccan Herald, 20 February 2004
24. Naxal problem: Government plans to buy land, The Hindu, 29 October 2004
25 . Copyright (c) 2002 Society for Environmental Communications
26. Protest against farmers’ eviction, The Deccan Herald, 28 December 2004
27. Tribals press for their rights, The Deccan Herald, 30 December 2004
28. SC panel to protect NGO targeted by forest staff, The Indian Express, 29 April 2004
29 Undertrial’s suicide: DIG visits Bijapur, The Telegraph, 5 July 2004
30. Prisoners complain of ill-treatment, The Deccan Herald, 11 December 2004
31. Delayed justice: Man pelts stone at judge, The Deccan Herald, 25 February 2004
32 Norms On Producing Prisoners Every 15 Days Flouted, The Deccan Herald, 6 October
2004
33. A sorry state of childhood, The Deccan Herald, 11 December 2004
34. State plans to eradicate child labour by 2007, The Hindu, 13 June 2004
35. Death of another child labourer in Davangere, The Deccan Herald, 13 December 2004
36. Bonded labour case throws light on inhuman conduct, The Deccan Herald, 9 January 2004
37. Death of another child labourer in Davangere, The Deccan Herald, 13 December 2004

Kerala
1. Kerala HC stays functioning of SHRC, The Central Chronicle, 12 March 2004
2. Please refer to the NHRC Annual Reports for respective years.
3. Custodial death: SI, four constables suspended, The Hindu, 18 May 2004
4. http://www.ahrchk.net/ua/mainfile.php/2004/843/
5. Activists allege police atrocity at Bantwal, The Hindu, 21 January 2004
6. http://www.ahrchk.net/ua/mainfile.php/2004/652/
7. http://www.indiatogether.org/2004/nov/gov-shockrod.htm
8. http://www.ahrchk.net/ua/mainfile.php/2004/690/
9. Indigenous World 2005, International Work Group for Indigenous Affairs, Copenhagen
10. Tribal land alienation rampant, The Hindu, 19 July 2004
11. Tribal land alienation rampant, The Hindu, 19 July 2004
12. Tribal unwed mothers never kill their kids, The Deccan Herald, 12 June 2004
13. Kerala farmers’ suicide toll touches 17, The Deccan Herald, 5 April 2004
14. Kerala farmers’ suicide toll touches 17, The Deccan Herald, 5 April 2004

314
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

15. Kerala farmers’ suicide toll touches 17, The Deccan Herald, 5 April 2004
16. Kerala ryots suicides: NHRC seeks report, The Deccan Herald, 1 June 2004

Maharashtra
1. 9,000 kids starve to death in shining India, The Times of India, 6 July 2004
2. The Free Press Journal, 22 January 2005
3. Three-member panel to review MCOCA, The Indian Express, 5 June 2004
4. Cleared by POTA panel, blast accused gets bail, The Indian Express, 17 April 2004
5. Please refer to the NHRC Annual Reports
6. Six policemen booked for custodial death, The Free Press Journal, 28 August 2004
7. Woman detenu commits suicide at bandra police station, The Free Press Journal, 13 March
2004
8. High Court summons CID chief over custodial death, The Free Press Journal, 9 April 2004
9. Assaulter dies in custody, The Free Press Journal 1 September 2004
10. Bike Lifter dies in police custody, The Free Press Journal, 3 September 2004
11. Action against police officers in custodial death case ordered, The Hindu, 1 May 2004
12. Supreme Court ruling puts police under pressure, The Hindu, 22 August 2004
13. Cop held for raping minor was ‘notorious’, The Times of India, 3 September 2004
14. Soldier held in rape Case, The Times of India, 13 October 2004
15. Cop held for rape, abduction of minor, The Times of India, 15 December 2004
16. 35 cops arrested for ‘beating up’ locals, The Indian Express, 17 February 2004
17. Constable, friend held for assaulting hotel owner, The Free Press Journal, 19 May 2004
18. Don’t tell India Shining to these Dalits, The Indian Express, 31 March 2004
19. Dalit beaten up by upper caste people, The Free Press Journal, 4 May 2004
20. Dalit woman sets herself ablaze in police station premises, The Free Press Journal, 26 May
2004
21. Dalit woman burnt alive at police station, The Tribune, 26 May 2004
22. Dalit woman’s suicide rocks Maharashtra Assembly, Indian Express, 26 May 2004
23. Tribal superstitions frustrate govt initiatives, The Deccan Herald, 15 July 2004
24. Govt’s conducted tour for tribals: world outside Naxal land, The Indian Express, 11 June
2004
25. ‘Operation Karn’ to the succour of children, The Hindu, 8 July 2004
26. 9,000 kids starve to death in shining India, The Times of India, 6 July 2004
27. Malnutrition claims 435 children in three months, The Deccan Herald, 13 July 2004
28. Tragedy beyond numbers, The Hindu, 7 July 2004

315
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

29. HC and PMO move for Maharashtra’s tribal children, The Times of India, 7 July 2004
30. Exaggerated, and how, The Indian Express, 10 July 2004
31. Shinde must clarify on malnutrition deaths: BJP, The Free Press Journal, 18 July 2004
32. ‘Operation Karn’ to the succour of children, The Hindu, 8 July 2004
33. The yellow-eyed orphans of hunger, The Indian Express, 23 July 2004
34. Report indicts Maharashtra govt for malnutrition deaths, The Times of India, 19 December
2004
35. Three-member panel to review MCOCA, The Indian Express, 5 June 2004
36. On his home turf, Shinde drops POTA charges against 29, The Indian Express, 14 February
2004
37. Cleared by POTA panel, blast accused gets bail, The Indian Express, 17 April 2004
38. POTA accused moves court against PP, The Indian Express, 21 October 2004

Manipur
1. Strength of Manipur commandos to be increased to 1800, The Assam Tribune, 31 October
2004
2. The Imphal Free Press, Imphal, August 21, 2004
3. Army fined for custodial death, The Sangaiexpress, 4 June 2004
4. 264 UG cadres detained under NSA in last two years, The Kanglaonline, 7 June 2004
5. 20 detained under NSA, The Kanglaonline, 20 August 2004
6. Another 12 persons including 11 women detained under NSA, The Sangaiexpress, 21
August 2004
7. The Assam Tribune, Guwahati, 27 March 2004
8. Over 600 villagers flee Sajik Tampak areas, The Assam Tribune, 8 May 2004
9. Army takes control of Sajik Tampak village, The Sangaiexpress, 7 May 2004
10. Please refer to the NHRC Annual Reports
11. Youth shot dead amid conflicting claims, The Sangai Express, Imphal, 3 March 2004
12. Tension over killing of Manipur College student, The Assam Tribune, 13 March 2004
13. Bereaved mom files Case, The Sangaiexpress, 5 October 2004
14. Seven killed in encounters, foul play alleged, the Sentinel, 13 March 2004
15. Public outcry over killing of Manipur student, The Shillong Times, 11 March 2004
16. Protest backlash over youths’ killing, The Telegraph, Kolkata, 11 March 2004
17. Protest backlash over youths’ killing, The Telegraph, 11 March 2004
18. Protest backlash over youths’ killing, The Telegraph, 11 March 2004
19. Yet another extra judicial killing slur on security personnel, The Sangaiexpress, 16 March
2004

316
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

20. Naoba’s dead body claimed after negotiations, Kanglaonline, 19 March 2004
21. One shot dead by SF, after arrest says family, encounter claims SF, The Kanglaonline,
Imphal, 17 March 2004
22. Probe into killing of youth by AR, The Central Chronicle, Bhopal, 7 May 2004
23. RIMS erupt in protest over campus killing, The Sangai Express, Imphal, 26 May 2004
24. Minister kin dies in army custody, The Telegraph, Kolkata, 2 June 2004
25. Protest erupts over alleged custodial killing, The Sangai Express, Imphal, 1 June 2004
26. Army balm on custody death, The Telegraph, Kolkata, 3 June 2004
27. Mob melee over death in custody, The Telegraph, Kolkata, 4 June 2004
28. Bungte villagers allege fake encounter, The Kanglaonline, Imphal, 8 June 2004
29. Litan tension over custodial death unabated, The Kanglaonline, 11 June 2004
30. Litan erupts over lock up death, road blocked, The Sangaiexpress, 11 June 2004
31. Police submit report on Litan custodial death Case, The Sangaiexpress, 15 December 2004
32. Strike called to protest SF killing, The Kanglaonline, Imphal, 12 June 2004
33. Jiri killing sparks tension, The Kanglaonline, Imphal, 28 June 2004
34. Another slur on security force, The Sangaiexpress, 28 June 2004
35. Kuki bodies flay AR for killing pastor, The Sangai Express, Imphal, 13 July 2004
36. Report takes sting out of pastor killing slur, The Sangaiexpress, 5 September 2004
37. Killing casts slur on police, The Sangaiexpress, 1 September 2004
38. DGP’s report sought on Nandalal killing Case, The Sangaiexpress, 4 September 2004
39. Policemen kill unarmed civilian over traffic argument, The Sangaiexpress, 21 October 2004
40. Manipur killer cop arrested, The Telegraph, 22 October 2004
41. KSO calls 24 hr bandh against killing, The Sangaiexpress, 27 October 2004
42. Rebel’ deaths spark protest, The Telegraph, 27 October 2004
43. Cops suspended, KSO calls off stir, The Sangaiexpress, 30 October 2004
44. Retired judge Gourachand appointed to inquire into New Checkon killings; Economic
blockade called off from today, Kanglaonline, 29 November 2004
45. Soldiers gun down 75-year-old teacher, The Telegraph, 18 November 2004
46. Judicial inquiry ordered into Rengtuiwan killing, The Kanglaonline, 18 December 2004
47. Troops kill CCpur youth in custody, The Kanglaonline, 28 December 2004
48. Troops kill CCpur youth in custody, The Kanglaonline, 28 December 2004
49. Youth shot by Imphal E police at ambush site, The Kanglaonline, 30 December 2004
50. Controversy surrounds Napetpalli encounter , The Kanglaonline, 31 December 2004
51. Encounter claim refuted, probe demanded, The Sangaiexpress, 31 December 2004
52. Three picked up without issuing arrest memos, The Sangai Express, 26 March 2004
53. MHRC asks the DGP to locate CRPF detainee, The Kanglaonline, 2 April 2004

317
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

54. KSO leader narrates harrowing tale, The Sangaiexpress, 12 April 2004
55. AR atrocities in attack aftermath search at Keirak condemned, The Kanglaonline, 4 April
2004
56. Police chief asked to locate arrested youth, The E-Pao, 1 May 2004
57. Women folk block road to protest arrest, The Sangai Express, 26 May 2004
58. Rights body condemns CRPF assault on civilians, The Sangaiexpress, 22 June 2004
59. Refusing drinks from cops proves costly for driver, The Sangaiexpress, 2 November 2004
60. Wangjing case reach MHRC, The Sangaiexpress, 19 December 2004
61. 68 held in police crackdown, Govt mulls banning bodies, The Sangaiexpress, 19 August
2004
62. 17 more protest groups activists arrested, The Kanglaonline, 21 August 2004
63. 18 students arrested in Manipur, The Hindu, 27 August 2004
64. 8 more agitators arrested, The Kanglaonline, 28 August 2004
65. Manipur heat on, 50 nurses arrested, The Sentinel, 30 August 2004
66. Arrest memo in possession of the Asian Centre for Human Rights.
67. Arrested woman found brutally killed, The Sangai Express, Imphal, 12 July 2004
68. Rape slur casts on Chandel SP, The Sangaiexpress, 31 March 2004
69. Judicial remand for T Samte, The Telegraph, 6 May 2004
70. Police officer suspended on rape charges, The Statesman, 11 May 2004
71. Cops thrash woman at bus terminus, The Sangaiexpress, 9 November 2004
72. Woman allegedly raped by IRB personnel, The Kanglaonline, 27 December 2004
73. Army fined for custodial death, The Sangaiexpress, 4 June 2004
74. Bereaved mom files Case, The Sangaiexpress, 5 October 2004
75. Protest rally in Manipur, The Sentinel, 14 March 2004
76. Naoba’s dead body claimed after negotiations, Kanglaonline, 19 March 2004
77. Probe into killing of youth by AR, The Central Chronicle, Bhopal, 7 May 2004
78. Ibid
79. Retired judge Gourachand appointed to inquire into New Checkon killings; Economic
blockade called off from today, Kanglaonline, 29 November 2004
80. Judicial inquiry ordered into Rengtuiwan killing, The Kanglaonline, 18 December 2004
81. The Statesman, New Delhi, 24 February 2004
82. Ibid
83. UNLF regrets killing child, promises action, The Statesman, New Delhi, 25 February 2004
84. The Kanglaonline, Imphal, 23 March 2004
85. The Assam Tribune, Guwahati, 27 March 2004
86. KYKL guns down retired police chief Lairenjam Jugeshwar outside his house, The

318
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

Kanglaonline, 25 April 2004

87. Kuki outfit claims responsibility for custodial killing, The Assam Tribune, 2 November
2004
88. CCpur killings spark tremors , Kanglaonline, 4 December 2004
89. Militants’ killing spree sparks tension in Yaingangpokpi, nearby areas, The Kanglaonline,
16 December 2004
90. Former President of ATSUM among two shot dead at Lamphel, The Kanglaonline, 17
December 2004
91. Body recovered, ZRA claims responsibility, http://northeasttribune.com/brknews.htm
92. Militants thrash youths in Ccpur, The Kanglaonline, 6 May 2004
93. Ultra outfit punishes ‘errant’ teachers in Manipur, The Assam Tribune, 27 November 2004
94. Kukis face NSCN heat, The Telegraph, 3 December 2004
95. Abducted drivers still missing despite manhunt, The Kanglaonline, 2 July 2004
96. Manipuris protest abduction, The Telegraph, 9 July 2004
97. After 33 days, PHED men freed, The Sangaiexpress, 13 December 2004
98. Militants abduct Manipur University V-C & registrar, The Indian Express, 17 December
2004
99. Rs 1 cr demand for Manipur VC, Registrar’s release, The Assam Tribune, 18 December
2004
100. KYKL releases Manipur V-C, registrar with bullet wounds, The Indian Express, 19
December 2004

Meghalaya
1. Centre, Meghalaya ultras sign peace pact, The Hindustan Times, 24 July 2004
2. New militant body launched in Garo Hills, more violence feared, The Assam Tribune, 29
March 2004
3. Probe ordered into custodial death, The Shillong Times, 20 February 2004
4. Please refer to the NHRC Annual Reports
5. Magisterial probe into ‘killing’ of civilians ordered, The Assam Tribune, 20 February 2004
6. Probe ordered into custodial death, The Shillong Times, 20 February 2004
7. Public irate over killing of 3 civilians in West Garo Hills, The Assam Tribune, 28 February
2004
8. Army shot dead innocents in Garo Hills, villagers allege, The Sentinel, 27 February 2004
9. Army eviction drive in Shillong draws flak, The Assam Tribune, 8 January 2004
10. HC directive to produce police torture victim, The Shillong Times, 8 July 2004
11. Highhandedness by Army alleged in Ri-Bhoi, The Shillong Times, 12 July 2004
12. Rehab package for ultras tabled in Meghalaya House, The Sentinel, 21 June 2004

319
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

13. NDFB mows down five in Garo Hills, The Shillong Times, 3 December 2004
14. Abducted police officer’s body recovered, The Sentinel, 14 March 2004
15. Garo ultras abduct father, son, The Assam Tribune, 12 February
16. Militants abduct minor from Garo Hills, The Assam Tribune, 19 October 2004
17. 200 Khasi families flee Cachar hills, The Shillong Times, 2 December 2004
18. 4000 flee to Meghalaya, The Central Chronicle, 19 November 2003
19. The Telegraph, 3 August 2003, Relief sought for riot-hit families

Mizoram
1. Mizoram accord with BNLF ready, says Zoramthanga, The Free Press Journal, 10 October
2004
2. Right to Information Act voted down in Mizoram, The Shillong Times, 20 March 2004
3. Mizoram documents traditional Laws, The Pioneer, 11 December 2004
4. Communication from Human Rights and Law Network
5. NGOs allege rape by CIJWS students, The Sentinel, 4 November 2004
6. Anger simmers over rape by jawans, The Tribune, 17 November 2004
7. Jawan fired for molesting woman, Deccan Chronicle, 2 December 2004
8. Bru militants abduct youth: talks likely to suffer, The Sentinel, 4 February 2004
9. 6 Bru ultras surrender to Mizoram police, The Newslink, 10 March 2004
10. Mizoram tribal refugees to be taken back: Zoramthanga, The Kashmir Times, 25 January
2004
11. MBDPF bewails neglect of Bru refugees, threatens agitation, The Sentinel, 8 January 2004
12. BNLF all set to shun violence, The Sentinel, 18 December 2004
13. Mizoram accord with BNLF ready, says Zoramthanga, The Free Press Journal, 10 October
2004
14. Postal ballot for Reang migrants, The Deccan Herald, 24 March 2004
15. Mizoram State Election Dept completes special revision of electoral rolls, The Shillong
Times, 22 August 2003
16. Reang refugees allowed to vote in Mizoram, The Assam Tribune, 17 November 2003
17. Court issues notice to Tripura, Mizoram, The Deccan Herald, 18 October 2004
18. Call for rehabilitation of Chin refugees, The Shillong Times, 9 July 2004
19. Burmese refugees can stay till further notice: MEA, The Tribune, 15 September 2004
20. Kolkattans take exception to April 7 deadline, The Newslink, 17 March 2004
21. Illegal settlers face flush-out, The Telegraph, 10 April 2004
22. Mizo students ask non-tribal traders to close shop, The Pioneer, 29 April 2004
23. Sectarian violence breaks out in Mizoram after girl’s murder, The Pioneer, 20 May 2004

320
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

24. 20 injured in ethnic flare-up, The Central Chronicle, 17 May 2004

25. Human Rights groups condemn mob action, administration’s prevention measures, The
News Link, 18 May 2004
26. Sectarian violence breaks out in Mizoram after girl’s murder, The Pioneer, 20 May 2004
27. Mizoram tribes demand UT status, The Statesman, 30 December 2004
28. Mizoram’s Turial Hydro Power Project affects 400 families, The Assam Tribune, 3 August
2004
29. NGO upset over Mizo Govt’s agreement with NEEPCO, The Shillong Times, 11 May 2004
30. Mizoram’s Turial Hydro Power Project affects 400 families, The Assam Tribune, 3 August
2004
31. Communications from Human Rights and Law Network, Aizawl
32. Ibid

Madhya Pradesh
1. Custody death cloud on cops, The Telegraph, 18 November 2004
2. State Pulse Madhya Pradesh: Custodial death: A blot on police, The Central Chronicle, 3
September 2004
3. Justice Shukla irked over rights violations, The Central Chronicle, 29 February 2004
4. 30 Yadavs rape three Dalits, The Statesman, 11 July 2004
5. Probe ordered into gang-rape, The Deccan Chronicle, 12 July 2004
6. Sangh-sponsored probe into cops who took action in Ujjain, The Indian Express 25
February 2004
7. Please refer to the NHRC Annual Reports
8. MP’s Commercial Tax DC dies in police custody, The Central Chronicle, 16 July 2004
9. Judicial probe ordered into official’s death, The Hindu, 17 July 2004
10. Minor tribal dies in police custody, The Central Chronicle, 7 August 2004
11. Custody death cloud on cops, The Telegraph, 18 November 2004
12. State Pulse Madhya Pradesh: Custodial death: A blot on police, The Central Chronicle, 3
September 2004
13. Communal clash in Bhopal, 1 killed in police firing, The Hindustan Times, 27 October
2004
14. One killed in police firing: Communal tension at Shahjehanabad, The Central Chronicle,
27 October 2004
15. Six agitators injured in lathicharged, The Pioneer, 5 December 2004
16. Convicts entitled to treatment: MPHRC, The Central Chronicle, 25 March 2004
17. Officials responsible for inmate’s death: MPHRC, The Central Chronicle, 30 May 2004
18. Convicts entitled to treatment: MPHRC, The Central Chronicle, 25 March 2004

321
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

19. Sexual abuse rampant in MP prisons, The Pioneer, 13 September 2004

20. Four police jawans sentenced for gang rape, The Central Chronicle, 14 April 2004
21. ASI suspended for misbehaving with women, The Pioneer, 24 November 2004
22. Police thwart sati bid in MP village, The Times of India, 6 September 2004
23. Dalit leader blinded; brother killed, The Indian Express, 4 February 2004
24. Dalit MLA not allowed to hoist tricolour on I-Day, The Hindustan Times, 17 August 2004
25. Untouchability casts its shadow even over mid-day meal scheme, The Pioneer, 10
September 2004
26. Harassed dalits threaten to convert, The Central Chronicle, 11 October 2004
27. Dalits got free land, but rich farmers chased them away, The Pioneer, 11 February 2004
28. Dalits got free land, but rich farmers chased them away, The Pioneer, 11 February 2004
29. Dalit woman raped, set on fire, The Central Chronicle, 11 February 2004
30. Post mortem confirms Dalit was raped, The Central Chronicle, 7 March 2004
31. Dalit woman gangraped, The Indian Express, 17 March 2004
32. 30 Yadavs rape three Dalits, The Statesman, 11 July 2004
33. Probe ordered into gang-rape, The Deccan Chronicle, 12 July 2004
34. Gangrape of 3 Dalit women: 11 arrested, The Tribune, 17 July 2004
35. 30 Yadavs rape three Dalits, The Statesman, 11 July 2004
36. Two more Dalit women raped in MP, The Times of India, 12 July 2004
37. Dalit woman stripped in public by upper caste youth, The Pioneer, 28 August 2004
38. Tortured for drawing water from savarnas’ handpump, The Pioneer, 5 December 2004
39. TI Suspended for perpetrating atrocities, The Central Chronicle, 26 February 2004
40. Two accused of gang rape case nabbed, The Central Chronicle, 8 April 2004
41. Murder, gang-rape in Umaria, The Central Chronicle, 20 April 2004
42. Woman gangraped in Madhya Pradesh, Asian Age, 22 July 2004
43. SC stays NDA decision on forests, The Central Chronicle, 22 February 2004
44. 310 MP villages to be converted into revenue villages, The Central Chronicle, 22 January
2004
45. M.P. hails Centre’s move on forest land for tribals, The Hindu, 13 February 2004
46. Tribals uprooted in MP, the Tribune, 10 July 2004
47. Betul tribals forcibly evicted, The Central Chronicle, 4 August 2004
48. 41 tribals missing after forest dept raid, The Times of India, 12 July 2004
49. “Stop Atrocities On Tribal Women In M.P. And Chhattisgarh” Jana Sangharsh Morcha,
July 20, 2004, Tuesday http://lists.topica.com/lists/hindusthanchurch/read/message.html?
mid=910455160&sort=d&start=122
50. 97 villages evacuated in Harsud following dam work, The Kashmir Times, 7 July 2004

322
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

51. 29,403 ISP displaced families rehabilitated, The Hindustan Times, 9 July 2004
52. Rehabilitation for oustees of Indira Sagar dam poor, The Deccan Herald, 2 July 2004
53. http://www.narmada.org/nba-press-releases/september-2004/Sep06.html
54. http://www.narmada.org/sardarsarovar.html#intro
55. Clause IX, Subclause IV(2)(iv) and Subclause IV(6)(i)
56. http://www.narmada.org/sardarsarovar.html
57. Sensitivity in admin needed: MPHRC, The Central Chronicle, 27 February 2004
58. Govt ignores MPHRC recommendations, The Central Chronicle, 6 October 2004
59. Govt ignores MPHRC recommendations, The Central Chronicle, 6 October 2004
60. Justice Shukla irked over rights violations, The Central Chronicle, 29 February 2004
61. HRC makes Bairagarh police cough up, The Central Chronicle, 5 April 2004
62. Valley of fear, The Telegraph, 14 November 2004
63. Naxals loot villae headman’s home, The Central Chronicle, 9 January 2004

Nagaland
1. One shot dead at Merapani, The Assam Tribune, 14 September 2004
2. High Level Nagaland official team visits Merapani CRPF shoot out site, The Kanglaonline,
23 September 2004
3. Terror strikes in North-East - 35 dead, 100 injured as blasts rock Dimapur, The Tribune, 43
October 2004
4. Assassination bid on Dimapur doc decried, The Sangaiexpress, 31 May 2004
5. Protest against militant excesses in Nagaland, The Assam Tribune, 26 October 2004
6. Naga MLAs, NGOs flay killing of NYM President, The Sentinel, 25 December 2004
7. Naga students in deportation drive, The Telegraph, 19 March 2004
8. Communal tinge to rape slur, The Telegraph, 4 August 2004
9. Teacher killed at Chingmeirong, Kanglaonline, 23 November 2004

Orissa
1. State records 469 murders, 276 rape cases from Jan-May this year: CM, The Pragativadi,
14 July 2004
2. Six Orissa MLAs have NBWs against them, 50 face cases, The Pioneer, 1 November 2004
3. 18 Naxalites detained at Malkangiri, The Paragativadi, 18 September 2004
4. Tribal spends 11 years in jail despite bail order, Deccan Herald 10 Nov. 2004
5. Maikanch shootout incident: Govt asked to submit report, The Pragativadi, 4 August 2004
6. Over 4,000 cases of atrocities against SCs recorded, The Pragativadi, 21 July 2004

323
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

7. Please refer to the NHRC Annual Reports

8. Mysterious death in police station, The Dharitri, 1 January 2004
9. Custodial death: HC directs SP to file counter, The Pragativadi, 11 August 2004
10. Custodial death: 2 cops suspended in Orissa, The Deccan Herald, 17 September 2004
11. Custodial death: Two cops suspended, The Pragativadi, 18 September 2004
12. Custodial death: 2 cops suspended in Orissa, The Deccan Herald, 17 September 2004
13. Custodial death: HC asks govt to produce records, The Pragativadi, 30 April 2004
14. HC orders judicial probe into alleged custodial death, The Pragativadi, 11 May 2004
15. Woman arrested instead of male accused, The Pragativadi, 15 January 2004
16. HC orders probe into police harassment, The Pragativadi, 3 May 2004
17. Villagers gherao PS; police denies gambler’s death, The Pragativadi.com, 18 June 2004
18. White paper reveals rise in atrocities on women, The Pragativadi, 16 July 2004
19. BoB gang rape victim narrates harrowing tales of torture, The Pragativadi, 26 June 2004
20. Policemen raped me for 6 hours: Orissa woman, The Asian Age, 26 June 2004
21. BoB gang rape case: Five APR personnel suspended, The Pragativadi, 24 June 2004
22. BoB gang rape case takes a new turn: Victim fails to identify accused, The Pragativadi, 29
June 2004
23. BoB gang rape case: Court rejects bail plea of accused, The Pragativadi, 9 July 2004
24. CRPF jawan held for raping minor, The Pragativadi, 30 October 2004
25. Murder of AIDS patient: NCW urges CM to initiate probe, The Pragativadi, 28 October
2004
26. Over 4,000 cases of atrocities against SCs recorded, The Pragativadi, 21 July 2004
27. Orissa compensates dalit victim, The Asian Age, 4 April 2004
28. Dalits threaten to change religion, The Asian Age, 18 July 2004
29. Attack on minorities: NHRC issues notice to district administration, The Pragativadi, 14
September 2004
30. Exodus of tribals reaches climax, The Pragativadi, 7 May 2004
31. Govt to withdraw 11,424 cases against tribals, The Pragativadi, 12 October 2004
32. Tribal spends 11 years in jail despite bail order, Deccan Herald 10 Nov. 2004
33. HC imposes stay on acquisition of land by Jindal Steels, Govt. served show cause notice,
The Dharitri, 16 January 2004
34. Statement of Daisingh Majhi, Convenor, Niyamgiri Surakshya Samiti on 10 February 2004
35. Kashipur alumina plant: Govt announces package for displaced tribal families, The
Pragativadi, 21 September 2004
36. INDUSTRIALISATION : Through the Barrel of a Gun, Orissa Govt Unleashes Terror
Against Tribals Corporate Accountability Desk, The Other Media, 16 December 2004
37. Maikanch shootout incident: Govt asked to submit report, The Pragativadi, 4 August 2004

324
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

38 Irate tribals take forest officials as captives, The Pragativadi, 3 August 2004
39. Tribals take land battle to door of Orissa Assembly, The Pioneer, 15 December 2004
40. 10 tribal children die of `malnutrition’ in Orissa, The Hindu, 24 July 2004
41. Govt rules out starvation death in Nuapada district, The Pragativadi, 1 November 2004
42. Those Unwed Mothers, The Pioneer, 8 January 2004
43. Govt compensates rape victim, The Pragativati, 20 October 2004
44. Orissa PWG offers to hold talks, The Deccan Chronicle, 23 June 2004
45. 18 Naxalites detained at Malkangiri, The Paragativadi, 18 September 2004
46. Orissa govt shows no sign of talks with Naxalites, The Pragativadi, 22 June 2004
47. KSS leader’s murder: Tribals stage huge rally, The Pragativadi, 27 April 2004
48. Panic in Malkangiri as armed Naxalites abduct school student, The Pragativadi, 15
December 2004

Punjab
1. NHRC declines to expand probe on ‘police killings’, The Tribune, 14 November 2004
2. Custodial deaths on the rise in Punjab, says rights panel, The Tribune, 10 December 2004
3. Custodial death in Tarn Taran;, The Tribune, 11 June 2004
4. He dragged Punjab govt to court over DSP selections, they jailed his family, The Indian
Express, 25 October 2004
5. He dragged Punjab govt to court over DSP selections, they jailed his family, The Indian
Express, 25 October 2004
6. Captain admits to his cops’ mistake, shifts SP, seeks explanation, The Indian Express, 26
October 2004
7. Day after, another prisoner gets caste tattoo, The Indian Express, 4 July 2004
8. Probe undertrials’ death: PHRO, The Tribune, 17 January 2004
9. Caste divide claims girl’s life, The Tribune, 5 March 2004
10. Killing of two Dalits: 6 more arrested, The Tribune, 8 August 2004
11. Minor girl kept nude in illegal custody, The Tribune, 23 September 2004
12. 2.72 cr relief for kin of custodial death victims, The Tribune, 12 November 2004
13. NHRC declines to expand probe on ‘police killings’, The Tribune, 14 November 2004
14. Notice issued in disappearance case, The Tribune, 23 January 2004
15. PHRO Dy chief fears police harassment, The Tribune, 6 May 2004
16. Custodial deaths on the rise in Punjab, says rights panel, The Tribune, 10 December 2004
17. Please refer to the NHRC Annual Reports
18. Man dies in police custody, The Times of India, 20 January 2004
19. Custodial death: SHO, constable arrested, The Tribune, 20 February 2004

325
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

20. Mob goes on rampage, Driver dies after beating by cops, The Tribune, 23 April 2004
21. Judicial probe into driver’s death ordered, The Tribune, 24 April 2004
22. Custodial death: SHO transferred, The Tribune, 16 May 2004
23. Custodial death: SDM contradicts police theory, The Tribune, 22 June 2004
24. 1 killed in police firing, The Tribune, 9 June 2004
25. Custodial death in Tarn Taran;, The Tribune, 11 June 2004
26. ASI held in custodial death Case, The Tribune, 12 June 2004
27. Custodial death alleged, FIR sought, The Tribune, 25 October 2004
28. Accused dies in police custody, The Tribune, 15 December 2004
29. 1 dead, 200 hurt as farmers clash with cops, The Tribune, 30 March 2004
30. Judicial probe into police firing on farmers sought, The Tribune, 8 April 2004
31. Policemen suspended for torturing youth in Pathankot, The Times of India, 6 February
32. Medical report confirms police torture, The Tribune, 30 March 2004
33. SHO accused of torture, The Tribune, 23 May 2004
34. Illegal custody of Nepali youth, The Tribune, 8 July 2004
35. 4 cops suspended for detaining Nepalese, The Tribune, 14 July 2004
36. Police try hard to gag ‘torture’ victim, The Times of India, 10 July 2004
37. Man alleges police torture, in hospital for treatment, The Tribune, 4 August 2004
38. Probe ordered into police ‘high-handedness’, The Hindu, 12 August 2004
39. Accused seeks probe into torture, The Tribune, 30 August 2004
40. Rights panel orders probe into torture Case, The Tribune, 24 August 2004
41. Complainant ‘beaten up’ by police, The Tribune, 17 September 2004
42. He dragged Punjab govt to court over DSP selections, they jailed his family, The Indian
Express, 25 October 2004
43. He dragged Punjab govt to court over DSP selections, they jailed his family, The Indian
Express, 25 October 2004
44. Captain admits to his cops’ mistake, shifts SP, seeks explanation, The Indian Express, 26
October 2004
45. Hotel owner detained illegally, tortured, The Tribune, 8 December 2004
46. Probe undertrials’ death: PHRO, The Tribune, 17 January 2004
47. Deputy Superintendent, 6 other jail officials booked, The Tribune, 20 May 2004
48. Probe ordered into death of jail inmate, The Tribune, 29 June 2004
49. Jail inmate dies under mysterious circumstances, The Tribune, 31 July 2004
50. Death of inmate: jail, hospital staff lock horns, The Tribune, 13 August 2004
51. Jail inmate tortured, The Times of India, 3 July 2004
52. Day after, another prisoner gets caste tattoo, The Indian Express, 4 July 2004

326
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

53. Objectionable word inscribed on jail inmate’s back, The Tribune, 4 July 2004
54. Caste divide claims girl’s life, The Tribune, 5 March 2004
55. Migrants protest against police inaction, The Tribune, 6 September 2004
56. Widow “sold” by in-laws for Rs 25,000, The Tribune, 2 October 2004
57. Dalit family alleges police atrocities, The Tribune, 28 January 2004
58. They pay for breaking caste barrier, The Tribune, 15 February 2004
59. SHO beats up youth for marrying out of caste, The Tribune, 14 February 2004
60. SHO arrested for beating up youth, The Tribune, 19 February 2004
61. Minor Dalit girl raped, The Tribune, 29 April 2004
62. Dalit youth beaten to death, The Tribune, 8 June 2004
63. Dalit paraded after blackening his face, The Tribune, 11 June 2004
64. Face-blackening incident: victim receives threat of murder, The Tribune, 5 July 2004
65. Cops force Dalit family out of house, The Tribune, 11 June 2004
66. Killing of two Dalits: 6 more arrested, The Tribune, 8 August 2004
67. Physically challenged youth beaten up by police, booked, The Tribune, 27 November 2004
68. Dalit girl’s marriage disallowed at gurdwara, The Tribune, 7 December 2004
69. 3 children detained illegally by police, The Tribune, 9 July 2004
70. Minor girl kept nude in illegal custody, The Tribune, 23 September 2004
71. Pupil stripped for refusing to help VIP cheat, The Statesman, 13 March 2004
72. 12 SC girls to leave school in protest, The Tribune, 17 May 2004
73. DC orders probe into torture of students, The Tribune, 6 September 2004
74. Principal beats up boy, classmates retaliate, The Tribune, 16 September 2004

Rajasthan
1. Rape victim allegedly dies in police custody, The Hindu, 20 October 2004
2. 4 farmers die in firing - Army out in Sriganganagar, The Tribune, 28 October 2004
3. PUCL slams police for action against school students, The Hindu, 26 October 2004
4. High Court notice to Rajasthan Chief Secretary, The Hindu, 14 October 2004
5. Dalit girl violated, The Statesman, 13 August 2004
6. Tribals face eviction threat from forest land, The Hindu, 19 October 2004
7. Aliens in their own land, The Hindu, 28 September 2004
8. Opposition attacks Raje for ignoring starvation deaths, The Pioneer, 24 September 2004
9. The Rajasthan Patrika, 11 March 2004
10. The Rajasthan Patrika, 11 March 2004
11. Please refer to the NHRC Annual Reports of the respective years

327
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

12. Rape victim allegedly dies in police custody, The Hindu, 20 October 2004
13. 4 farmers die in firing - Army out in Sriganganagar, The Tribune, 28 October 2004
14. One more farmer killed in police firing, The Hindu, 7 December 2004
15. The Rajasthan Patrika, 7 May 2004
16. PUCL slams police for action against school students, The Hindu, 26 October 2004
17. The Rajasthan Patrika, 6 November 2004.
18. The Rajasthan Patrika, 21 November 2004
19. Over 40 hurt in farmer-police clashes, The Tribune, 4 December 2004
20. Farmers booked under NSA, The Tribune, 6 December 2004
21. Rajasthan Patrika, 22 December 2004
22. High Court notice to Rajasthan Chief Secretary, The Hindu, 14 October 2004
23. Dalits barred entry into temple, The Hindu, 14 January 2004
24. Panchayat holds up his home, Dalit burns self, The Indian Express, 31 January 2004
25. Dalit girl violated, The Statesman, 13 August 2004
26. Tribals face eviction threat from forest land, The Hindu, 19 October 2004
27. Aliens in their own land, The Hindu, 28 September 2004
28. Opposition attacks Raje for ignoring starvation deaths, The Pioneer, 24 September 2004
29. Rajasthan govt denies allegation, Central Chronicle, 15 September 2004
30. SC seeks status report on starvation deaths in Rajasthan, The Pioneer, 18 September 2004
31. For Sahariyas unnatural deaths are normal, The Hindu, 27 September 2004
32. Death, disease stalk Rajasthan villages, The Hindu, 26 September 2004
33. The Rajasthan Patrika, 29 September 2004
34. Poverty drives Dalit student to suicide, The Statesman 26 September 2004
35. Raje prepares Rs 150 crore package for starving tribe, The Pioneer, 28 September 2004
36. The Rajasthan Patrika, 10 July 2004
37. The Rajasthan Patrika, 19 December 2004
38. Honour killing case surfaces in Dausa, The Tribune, 27 September 2004
39. The Rajasthan Patrika, 11 March 2004
40. Ibid
41. Ibid

Tamil Nadu
1. ‘Declare Vaiko’s detention illegal’, The Central Chronicle, 15 August 2003
2. http://www.countercurrents.org/hr-pota31303.htm
3. Police harassment alleged in Tirupur, The Hindu, 23 January 2004

328
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

4. Dalits bear brunt of TN caste war, The Telegraph, 12 July 2004

5. Please refer to the NHRC Annual Reports for respective periods.
6. Youth’s death triggers tension, The Central Chronicle, 4 October 2004
7. Victim’s kin awarded relief, The Central Chronicle, 24 March 2004
8. Shock On The Body, The Telegraph, 13 May 2004
9. Police harassment alleged in Tirupur, The Hindu, 23 January 2004
10. Hospitalised labourer alleges police torture, The Hindu, 12 June 2004
11. Torture charges against 3 policemen, The Hindu, 7 July 2004
12. TN sex workers face police ‘brutality’, The Deccan Herald, 20 August 2004
13. Toilet torture for women, The Telegraph, 21 June 2004
14. Ibid
15. Dalits bear brunt of TN caste war, The Telegraph, 12 July 2004
16. Ibid
17. Here Dalits can’t run for a reserved post, The Indian Express, 13 September 2004
18. Ibid
19. Dalit’s death sparks tension, The Deccan Chronicle, 20 September 2004
20. Jharkhand top in POTA arrests, The Central Chronicle, 12 June 2004
21. ‘Declare Vaiko’s detention illegal’, The Central Chronicle, 15 August 2003
22. http://www.countercurrents.org/hr-pota31303.htm
23. Jaya: POTA repeal ill-considered, The Tribune, 23 September 2004
24. POTA review committee holds first sitting, The Hindu, 14 December 2004
25. Tamil Nadu plea against POTA ordinance referred to Bench, The Hindu, 8 January 2005
26. POTA review committee holds first sitting, The Hindu, 14 December 2004
27. HC dismisses Nedumaran’s petition, The Deccan Herald, 28 March 2003
28. POTA order: HC frees Nedumaran, 3 others, The Indian Express, 19 December 2003
29. SC silences POTA critics, The Pioneer, 17 December 2003
30. SC rejects TN challenge to Nedumaran’s release, The Deccan Herald, 20 December 2003
31. Vaiko’s speech an act of terrorism: Centre, The Hindu, 30 March 2003
32. Centre corrects stand in Vaiko case, The Hindu, 1 April 2003
33. Mere expression of support no offence under Pota: AG, Newstime, 3 April 2002
34. Stalin meets Vaiko, The Times of India, 8 July 2004
35. Trial against Vaiko, 8 others stayed, The Hindu, 8 May 2004
36. Jaya withdraws Vaiko Case, The Deccan Chronicle, 11 August 2004
37. No Pota let-up for Vaiko, The Statesman, 3 September 2004
38. POTA court denies bail to 8 MDMK partymen, The Times of India, 11 September 2003

329
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

39. The Naxalites are left wing insurgents.

40. http://www.countercurrents.org/hr-pota31303.htm
41. Gopal booked under POTA, Poonamallee court to hear case, The Hindu, 17 April 2003
42. Gopal had links with Veerappan, extremists: CM, The Hindu, 22 April 2003

Tripura
1. Sterile surrender Tripura rebeal leaders unpredictable, The Statesman, 29 December 2004
2. Rehabilitation package on the cards, The Sentinel, 17 April 2004
3. NLFT signs seven-point agreement, The Shillong Times, 20 December 2004
4. Tripura 2004 - low insurgency deaths, high suicide rate, The Deccan Herald, 31 December
2004
5. Police face rash killing slur in Tripura, The Telegraph, 30 March 2004
6. ’69 people killed by insurgents in Tripura this year’, The Assam Tribune, 16 December
2004
7. Governor dissolves ADC, SK Rakesh appointed administrator, The Tripurainfo, 31
December 2004
8. Militants killed 271 in Tripura, The Tripurainfo, 5 October 2004
9. Please refer to the NHRC Annual Reports
10. NHRC team on a visit to Tripura, The Tripurainfo.com, 14 June 2004
11. Police face rash killing slur in Tripura, The Telegraph, 30 March 2004
12. Tribal youth killed by Assam Rifles in fake encounter, The Tripurainfo, 24 March 2004
13. CM orders Magistrate level inquiry on AR´s alleged fake encounters, The Tripurainfo, 3
June 2004
14. Police face rash killing slur in Tripura, The Telegraph, 30 March 2004
15. Police face rash killing slur in Tripura, The Telegraph, 30 March 2004
16. Magisterial inquiry ordered into student´s death, The Tripurainfo, 7 March 2004
17. AR jawans went on berserk in Khowai, 22 injured, The Tripurainfo, 3 May 2004
18. Tripura tribal youths being killed in fake encounters: Opp, The Assam Tribune, 12 January
2004
19. ’69 people killed by insurgents in Tripura this year’, The Assam Tribune, 16 December
2004
20. NLFT men gun down tribal youth, The Telegraph, 30 July 2004
21. NLFT militants kill CPM leader, The Telegraph, 25 October 2004
22. Three children killed by militants in Mandai, The Tripurainfo, 5 August 2004
23. Tribal killed by Tiger Force, The Telegraph, 24 November 2004
24. Militants killed mother and daughter in west Tripura, The Tripurainfo, 12 December 2004

330
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

25. Ultras kill Tripura villager, The Shillong Times, 15 December 2004
26. Tea estate manager shot dead, The Tripurainfo, 26 December 2004
27. Tripura killing, The Telegraph, 11 August 2004
28. Ultras kill 4 in Tripura, The Deccan Herald, 15 March 2004
29. Five killed by ATTF, Panic and tension, The Tripurainfo, 20 March 2004
30. NLFT kills one at Ramratanpara, Ambassa bandh today, The Tripurainfo.com, 8 June 2004
31. 2 minors among four killed by NLFT militants, The Assam Tribune, 25 October 2004
32. Insurgents kill two, injure seven, The Tripurainfo, 27 October 2004
33. ‘69 people killed by insurgents in Tripura this year’, The Assam Tribune, 16 December
2004
34. Village chief kidnapped, The Sentinel, 18 January 2004
35. Rebels abduct farmer, driver freed on ransom, The Telegraph, 11 March 2004
36. No word on abducted Tripura leader, The Shillong Times, 5 July 2004
37. Villagers abducted in Tripura, The Shillong Times, 6 July 2004
38. ATTF kidnap youth, The Tripurainfo, 27 August 2004
39. Militants kidnap rubber cultivator from Champahowar, The Tripurainfo, 25 September
2004
40. 2 minors among four killed by NLFT militants, The Assam Tribune, 25 October 2004
41. Militants kidnap two tribal youths, TSR encounter BNCT ultras, The Tripurainfo, 22
October 2004
42. Rebels abduct farmer, driver freed on ransom, The Telegraph, 11 March 2004
43. ATTF ultra killed, 1 abducted in Tripura, The Assam Tribune, 28 April 2004
44. ATTF kidnap two railway workers, The Kanglaonline, 8 June 2004
45. Girl’s abduction sparks off tension in Tripura, The Deccan Herald, 9 June 2004
46. 29 Tripura traders kidnapped, The Sentinel, 15 June 2004
47. 29 Tripura traders kidnapped, The Sentinel, 15 June 2004
48. NLFT kills six hostages brutally, The Tripurainfo, 1 August 2004
49. NLFT kills six hostages brutally, The Tripurainfo, 1 August 2004
50. Two tea labourers abducted in Tripura, The Assam Tribune, 19 November 2004
51. Rickshaw-puller kidnapped in Tripura, The Assam Tribune, 30 October 2004
52. NCW Chairperson worry over spiralling injustice on women, The Tripurainfo, 23
September 2004
53. Women in Tripura harassed by women police force, The Asian Age, 21 September 2004
54. Cop rapes a minor, uncle rapes niece, The Tripurainfo, 1 September 2004
55. Rape slur on CRPF jawans Iftar donation, The Telegraph, 15 November 2004
56. 3 tribal girls gangraped by CRPF jawans: INPT, The Deccan Herald, 16 November 2004

331
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

57. Rape slur on CRPF jawans Iftar donation, The Telegraph, 15 November 2004
58. Tribal girl raped, TSR jawan arrested, The Tripurainfo, 26 December 2004
59. New tribal outfit gang rapes 6 tribal women, kills one, The Tripurainfo, 13 March 2004
60. Tribal students involved in Chamanu gang rape case, The Tripurainfo, 24 March 2004
61. Gang-rape triggers exodus from villages in Tripura, The Deccan Herald, 19 March 2004
62. Militants rape two tribals- NLFT rebels plunder North Tripura village, The Telegraph, 29
November 2004
63. Census data busts Tripura tribal myths, The Telegraph, 17 July 2004
64. Tribal rehabilitation process stalls in Tripura, The Deccan Herald, 8 March 2004
65. Tripura govt admits enteric toll, The Telegraph, 30 May 2004
66. Enteritis and malaria claims 150 lives in Longtorai: Nath, The Tripurainfo, 21 May 2004
67. Foreign funds for rehab of Tripura’s jhumia families, The Shillong Times, 20 November
2004
68. 47,000 displaced in Tripura, The Assam Tribune, 2 January 2004
69. Over 7000 families will be shifted elsewhere due to border fencing, The Tripurainfo.com,
8 September 2004
70. All party delegation to visit Delhi to ensure proper rehabilitation for displaced families due
to fencing, The Tripurainfo, 12 December 2004
71. Gang-rape triggers exodus from villages in Tripura, The Deccan Herald, 19 March 2004
72. Lapsed law leaves 300 to rot in prisons, The Telegraph, 20 January 2004

Uttar Pradesh
1. Custodial deaths: UP leads offenders’ pack, The Times of India, 26 August 2004
2. Rights Violations On The Rise In Up, Deccan Herald, 13 August 2004
3. UP tops list of harassmwent cases against women, The Kashmir Times, 8 January 2004
4. Dalit UP farmer commits suicide, The Indian Express, 30 July 2004
5. UP dalit MLAs against change in act, The Asian Age, 13 August 2004
6. UP keen on special force to fight Naxals, The Pioneer, 25 September 2004
7. Custodial deaths: UP leads offenders’ pack, The Times of India, 26 August 2004
8. Please refer to the NHRC Annual Reports
9. 6 cops suspended for beating widow to death, The Times of India, 20 May 2004
10. Man dies in custody, police station ransacked, The Tribune, 8 July 2004
11. Dalit woman dies of ‘police torture’ in UP, The Indian Express, 7 August 2004
12. SP leader, kin among 4 killed in Jalaun firing, The Pioneer, 2 February 2004
13. One killed, nine injured in police firing, The Hindu, 25 October 2004
14. Custody death: NHRC asks UP Government to pay relief, The Pioneer, 7 April 2004

332
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

15. Custodial death: NHRC tells UP Govt to pay relief, The Tribune, 28 April 2004
16. GRP men push vendor off train, The Indian Epxress, 2 February 2004
17. Another torture complaint with HR panel, The Tribune, 12 June 2004
18. The Rajasthan Patrika, 12 October 2004.
19. UP tops list of harassmwent cases against women, The Kashmir Times, 8 January 2004
20. Parents Kill girl for honour, The Hindustan Times, 3 December 2004
21. The Rajasthan Patrika, 9 July 2004
22. Cops sell woman for Rs 20,000, The Times of India, 28 August 2004
23. Rape bid in lock-up or cock-and-bull story?, The Times of India, 18 September 2004
24. The Rajasthan Patrika, 29 November 2004
25. The Rajasthan Patrika,18 December 2004
26. UP police runs riot in cybercafes, The Asian Age, 24 December 2004
27. Girlfriend & cobra on boxer’s sleaze disc, The Telegraph, 25 December 2004
28. Porn CDs: UP police raid cyber cafe, draw flak for abusing girls, The Indian Express, 24
December 2004
29. http://www.nhrc.nic.in/dispArchive.asp?fno=877
30. Girlfriend & cobra on boxer’s sleaze disc, The Telegraph, 25 December 2004
31. Woman stripped, burnt alive over unpaid loan, The Times of India, 17 January 2004
32. Seven tribal girls raped, The Hindu, 28 February 2004
33. Jharkhand tribals raped in UP, The Indian Express, 27 February 2004
34. ’I was raped repeatedly and beaten up’, The Asian Age, 3 July 2004
35. ’Dead’ fighting for land rights, The Times of India, 2 January 2004
36. UP dalit MLAs against change in act, The Asian Age, 13 August 2004
37. Two Dalits shot dead in UP village, The Times of India, 3 March 2004
38. Dalit house pulled down in Amethi, The Asian Age, 27 July 2004
39. Dalit UP farmer commits suicide, The Indian Express, 30 July 2004
40. Dalits write to Human Rights Commission, The Tribune, 23 August 2004
41. http://www.pucl.org/Topics/Dalit-tribal/2004/santagarh.htm
42. Akhilesh Yadav chased by mob over Dalit killings, The Times of India, 7 June 2004
43. Dalit atrocity in Uttar Pradesh, The Statesman, 29 June 2004
44. Dalit woman refused treatment, The Tribune, 3 August 2004
45. Dalits tortured for using tubewell of upper caste Rajputs, The Tribune, 3 September 2004
46. Casteist flavour to mid-day meal, The Statesman, 1 October 2004
47. Mid-day meal cooked by dalit leads to tension in UP, The Hindustan Times, 18 October
2004
48. NHRC inquires into death of inmate, The Asian Age, 22 January 2004

333
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

49. Voiceless prisoners, The Central Chronicle, 24 April 2004

Uttranchal
1. Uttaranchal bundh to protest death of activist, The Deccan Herald, 11 August 2004
2. Policemen turn Ali Babas in Uttaranchal, The Deccan Herald, 8 January 2004
3. Cop arrested on rape charge, The Central Chronicle, 6 December 2004
4. http://www.foodjustice.net/ha/mainfile.php/ha2004/34
5. Dalit ‘baraat’ ill-treated seven arrested, The Tribune, 24 November 2004
6. Mega dam to be built in Uttaranchal, The Hindustan Times, 3 January 2004
7. Tehri hydel project may be commissioned by June, The Deccan Herald, 17 December 2004
8. Clash of titans in Tehri, The Central Chronicle, 28 April 2004
9. Uttaranchal kid hurt in Maoist firing, The Indian Express, 30 August 2004
10. Maoists burn bridge linking India, Nepal in Uttaranchal, The Indian Express, 25 September
2004
11. Maoist ‘supporters’ held, The Hindu, 1 September 2004
12 . Maoist to be handed over to Nepal, The Indian Express, 20 December 2004

West Bengal
1. Police shock, The Statesman, 25 February 2004
2. BSF quit call in Naxalite belt, The Telegraph, 2 September 2004
3. Naxalites’ surprise talks offer catches CPM off guard, The Pioneer, 30 September 2004
4. Time not ripe for talks with naxals, says West Bengal, The Hindu, 24 September 2004
5. Lewd soldiers arrested, The Telegraph, 16 November 2004
6. Buddha to press for Dhaka rebel swoop, The Telegraph, 9 July 2004
7. http://www.revolutionarydemocracy.org/rdv9n1/westbengal2.htm
8. Please refer to the NHRC Annual Reports
9. UA-37-2004: West Bengal police shoot dead alleged criminal and then imprison innocent
boy on pretext, Asian Human Rights Commission - URGENT APPEALS PROGRAM, 14
April 2004
10. UA-23-2004: INDIA: Custodial death of a young man in West Bengal, Asian Human
Rights Commission - URGENT APPEALS PROGRAM, 2 March 2004
11. SDO reports undertrial death to rights panel, The Telegraph, 29 June 2004
12 . UA-87-2004: INDIA: A 32 year old man severely tortured and killed by Kharagpur Police,
West Bengal, Asian Human Rights Commission - URGENT APPEALS PROGRAM, 16
July 2004
13. Youth dies in custody, The Telegraph, 9 July 2004

334
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

14. Mob battles cops on jail death, The Telegraph, 26 September 2004
15. Mystery jail death of murder suspect, The Telegraph, 11 October 2004
16. UA-173-2004: INDIA: Farmer died after extreme torture by Border Security Force
personnel in Shirsiklaibari village, Malda district, Asian Human Rights Commission -
URGENT APPEALS PROGRAM, 15 December 2004
17. Police firing, The Telegraph, 27 February 2004
18. Rights panel punch on ‘oasis of peace’, The Telegraph, 15 December 2004
19. Police thrash lover in lock-up, The Telegraph, 6 May 2004
20. Panel orders ‘torture’ probe, The Telegraph, 6 May 2004
21. UA-123-2004: INDIA: A man arrested with fabricated charges and paraded in under-
clothed condition, Asian Human Rights Commission - URGENT APPEALS PROGRAM,
25 September 2004
22. Lewd jawans run amok - Reserve force storms complex, attacks residents, The Telegraph,
15 November 2004
23. Lewd soldiers arrested, The Telegraph, 16 November 2004
24. Bus driver beaten for blocking VIP way, The Telegrpah, 23 December 2004
25. Cops get life term in Bapi Case, The Times of India, 1 July 2004
26. Gangrape slur on BSF jawans, The Telegraph, 27 March 2004
27. UA-109-2004: INDIA: Pregnant Dalit woman assaulted by West Bengal police, Asian
Human Rights Commission - URGENT APPEALS PROGRAM, 24 August 2004
28. RPF man held for rape at station, The Telegraph, 19 August 2004
29. Rape protest unites foes, The Telegraph, 12 September 2004
30. Cop rapes woman, suspended, The Tribune, 11 September 2004
31. Rape accused roams, CPM shields, The Telegraph, 27 October 2004
32. Rights rap on Jalpaiguri police, The Telegraph, 15 April 2004
33. Bengal police molest two sisters, The Times of India, 20 August 2004
34. HC strikes gavel against school caning, The Times of India, 7 February 2004
35. Two students locked inside iron chest as punishment by teacher, The Asian Age, 12
February 2004
36. Cane fear keeps kid home, The Telegraph, 20 February 2004
37. Punished girl in trauma after 100 squats in sun, The Telegraph, 25 April 2004
38. CLASS TORTURE, The Telegraph, 14 July 2004
39. Punished, locked in class - ‘Naughty girls’ force open window to get home, The Telegraph,
24 September 2004
40. UA-29-2004: INDIA: Two social workers arrested by the Jangipara Police on false charges
of committing offences against the state, Asian Human Rights Commission - URGENT
APPEALS PROGRAM, 16 March 2004
41. UA-29-2004: INDIA: Two social workers arrested by the Jangipara Police on false charges
of committing offences against the state, Asian Human Rights Commission - URGENT

335
INDIA HUMAN RIGHTS REPORT 2005 Endnotes

APPEALS PROGRAM, 16 March 2004

42. web.amnesty.org/library/Index/ ENGASA200952004?open&of=ENG-IND - 24k
43. Chargesheet against cops for boy death, The Telegraph, 6 February 2004
44. Bengal relief for 2 custodial deaths, The Tribune, 17 April 2004
45. Reference: File No. 22/WBHRC/IW/98 and File No. 251/WBHRC/COM/98-99
46. AHRC slams judiciary in custody death Case, The Central Chronicle, 6 August 2004
47. Naxalite raid earns villagers’ wrath, The Telegraph, 9 December 2004
48. Naxalites behead ‘mole’, The Telegraph, 16 January 2004
49. KLO makes cops’ wipeout claims sound hollow, The Telegraph, 15 March 2004
50. Five starvation deaths in Bengal town, The Times of India, 9 July 2004
51. Five starvation deaths in Bengal town, The Times of India, 9 July 2004
52. Hunger nails CPM’s Rural Bengal Shining lie, The Indian Express, 14 June 2004
53. 3 km from hunger deaths, village watches kids die, The Indian Express, 15 June 2004
54. 3 km from hunger deaths, village watches kids die, The Indian Express, 15 June 2004
55. West Bengal rights panel directive to Government, The Hindu, 24 June 2004
56. Hunger nails CPM’s Rural Bengal Shining lie, The Indian Express, 14 June 2004
57. Marxist escapism, The Statesman, 16 March 2004
58. THE MANY FACES OF POVERTY, The Telegraph, 8 July 2004
59. SC monitor punches govt on tea deaths, Telegraph, 11 March 2004
60. THE MANY FACES OF POVERTY, The Telegraph, 8 July 2004
61. Flesh for food in garden of poverty The locked gate of Kanthalguri tea garden, The
Telegraph, 27 March 2004
62. ibid.
63. ibid.
64. SC monitor punches govt on tea deaths, Telegraph, 11 March 2004

Freedom of the press

1. Jayalalithaa withdraws defamation cases against media, The Hindu, 19 May 2004
2. TN govt drops two cases against ‘The Hindu, The Times of India, 31 August 2004
3. Tamil Nadu files affidavit to withdraw 125 defamation cases against media, The Hindu, 18
September 2004
4. Scribe assaulted, MR men suspended, The Sanngaiexpress, 24 July 2004
5. Highhandedness of police condemned, The Assam Tribune, 18 April 2004
6. Panel to probe cop excesses, The Telegraph, 19 April 2004
7. 12 scribes injured in police hooliganism, The Kashmir Times, 14 May 2004

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8. Magisterial probe ordered into Karchantola incident, The Sentinel, 3 July 2004
9. The Asian Age, 15 November 2004.
10. Highhanded cops keep scribes from rescuing colleague, The Pioneer, 30 November 2004
11. Editor of Marathi daily attacked, The Hindu, 29 August 2004
12. UA-162-2004: INDIA: Police inaction provides ample opportunity for criminals to walk
free, Asian Human Rights Commission - URGENT APPEALS PROGRAM, 25 November
2004
13. Lawyers sting back, attack Zee, The Asian Age, 30 January 2004
14. Dhemaji slams Lakhimpur SP action, The Sentinel, 9 November 2004
15. Naxals kill scribe in Bihar, The Bihar Times, 26 April 2004
16 9 scribes summoned to Naxalite court, The Deccan Herald, 18 May 2004
17. 8 media persons injured in blast, The Kashmir Times, 4 May 2004
18. Grenade attack at Mehbooba’s rally, The Tribune, 26 April 2004
19. Grenade attack in Valley’s news agency office The Kashmir Times, 23 November 2004

Religious Minorities
1. Judeo reconverts 212 to Hinduism, The Asian Age, 5 March 2004
2. VHP converts 75 Christian tribals in Orissa, Deccan Herald, 20 September 2004
3. 336 tribals reconverted to Hinduism, The Deccan Chronicle, Chronicle, 19 October 2004
4. Priests injured in church attack, The Indian Express, 24 August 2004
5. Christian converts tonsured, The Statesman, 16 February 2004
6. Nine Christians tonsured in Orissa, The Asian Age, 17 February 2004
7. 7 women tonsured in Orissa, The Pioneer, 16 February 2004
8. Communal tension in Raikia, The Pragativadi, 27 August 2004
9. Communal tension in Raikia: 12 held, The Pragativadi, 29 August 2004
10. Christians flay attack on churches, Deccan Herald, 23 November 2004
11. Attack on sisters of Missionaries of Charity, The Hindu, 26 September 2004
12. RSS workers held for attack on missionaries, The Deccan Herald, 27 September 2004
13. Police foils VHP attempt to demolish tomb, 500VHP activists held near Afzal monument,
12 hurt in police laticharge, The Asian Age 13 Sept. 2004
14. Misplaced populism, The Central Chronicle, 6 February 2004
15. Minister denies innocent Christians were jailed, The Central Chronicle, 5 March 2004
16. Misplaced populism, The Central Chronicle, 6 February 2004
17. Police are silent watchers as terror returns to Jhabua, The Indian Express, 19 January 2004
18. Uma refuses to see beyond law and order, The Indian Express, 17 January 2004
19. Police are silent watchers as terror returns to Jhabua, The Indian Express, 19 January 2004

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INDIA HUMAN RIGHTS REPORT 2005 Endnotes

20. Firing Line : Uma Bharti, CM, Madhya Pradesh, The Indian Express, 1 February 2004
21. Jhabua Christians’ plea to NHRC, The Hindu, 2 February 2004
22. Minister denies innocent Christians were jailed, The Central Chronicle, 5 March 2004
23. Rape victim threatens to kill herself, The Indian Express, 28 April 2004
24. Conversion row rerun, The Telegraph, 1 January 2004

NHRC’s Inefficiency
1. Office of the High Commissioner for Human Rights, National Human Rights Institutions,
no.4 (Geneva: United Nations, 1995), 29.
2. Sharma is member of NHRC: Top court, The Asian Age, 30 April 2005
3. Rights Act: NHRC concerned, The Tribune, 14 May 2005
4. Congress criticises Sharma’s appointment as NHRC member, The Hindu 5 March 2004
5. Review of SC order on NHRC appointment sought, The Tribune, 12 July 2005
6. NHRC chief slams Govt on not amending HR Act, The Pioneer, 1 February 2004; Cong
decries CBI chief’s appointment as NHRC member, The Tribune, 5 March 200

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