INDIA: Human rights defender once again receives threats in Uttar Pradesh
24th July, 2009
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INDIA: Human rights defender once again receives threats after one year
ISSUES: Threat; intimidation; right to life; human rights defender;
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Dear friends,
Peoples' Vigilance Committee on Human Rights (PVCHR) a local non-government human rights organization working in Varanasi, Uttar Pradesh its convener Dr. Lenin is again receiving life threatening calls over his mobile telephone.
Case Detail:
Again Dr. Lenin Raghuvanshi Convener of the Peoples' Vigilance Committee on Human Rights (PVCHR), a local non-government human rights organisation working in Varanasi, Uttar Pradesh is continuously receiving the death threat over his mobile telephone.
On 22nd July, 09 at 9:05 pm Dr. Lenin got missed call on his mobile telephone +91-993559933 from unknown person +9198705993 and again the same caller rang at 9:06 and he verbally abuse by using filthy word and threat for his life. At 9:30 pm Dr. Lenin call back to avail more information of the caller. However caller responds that he belongs to Bihar but Dr. Lenin identifies his language tone like Western Uttar Pradesh or from Bundelkhand region.
Again on 23rd July, 09 at 11:07 pm Dr. Lenin receives threat from unknown number +91- 9695284472. The caller abused him over the mobile phone +91-9935599333 and openly threat to kill him and also to kidnap his son.
Mean while his wife Shruti with her mobile no. +91-9935599330 call to police at 100 number at 11:18 pm for help when caller was giving threat to Dr. Lenin Raghuvanshi. The policemen on duty listen the threat but he replied to complain to the Inspector General of Police (I.G), Varanasi zone.
After half hour i.e. 11:29 pm again when Dr. Lenin Raghuvanshi call back on the same Mobile number from his Mobile telephone +91-9935599333. The caller said "some one has borrowed my cell phone", but he recognizes the voice was of same person who was giving the threat.
Previous year 21st May, 2008 Dr Lenin Raghuvanshi receives several threatening calls to his mobile phone in which he has been verbally abused and warned that he will be killed if he continues with the work of the PVCHR with the Dalit communities in the Varanasi district of Uttar Pradesh.
On 23rd July – 24th July, 09 Dr. Lenin has registered a complaint, send through registered post, addressed to the Director General of Police, Lucknow, Uttar Pradesh and Inspector General of Police, Varanasi zone, Varanasi informing the officer about the call that he received and urging the officer to take necessary action upon the complaint.
The Urgent appeal released by Asian Human Rights Commission (AHRC) for the protection PVCHR and its human rights defender please see UA-138-2005; UP-95-2005; UP-100-2005; UP-166-2005 and UA-041-2007, http://www.ahrchk.net/ua/mainfile.php/2008/2867/
Front Line, Ireland an International Foundation for the Protection of Human Rights Defenders support PVCHR while Dr. Lenin and his Human Rights Defender were receiving threat http://www.frontlinedefenders.org/node/1446, http://www.frontlinedefenders.org/node/1332, http://www.frontlinedefenders.org/node/1307
Threatening, intimidating, insulting and creating annoyance to persons is a crime punishable in India under the Indian Penal Code, 1860. Section 503 of the Code reads: "Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation."
Section 506 of the Code prescribes punishment for criminal intimidation which could extend to imprisonment up to a period of two years or fine or both. However, if the criminal intimidation is to cause death or grievous hurt or to cause destruction of property by fire, the sentence may extend to a term up to seven years, or with fine or both.
According to an amendment applicable to Uttar Pradesh vide notification number 777/VIII 9-4(2)-87 dated 31 July 1989; a crime punishable under Section 506 is cognizable and non-bailable. This means that on receipt of a complaint, the police could arrest the accused without a warrant of arrest issued by a court of law.
BACKGROUND INFORMATION:
Threat and intimidation is not to be taken lightly in Uttar Pradesh. It is one of those states in India where people are abducted and children kidnapped for settling private and political feuds. In some cases the abducted victims are tortured or even murdered if the demands of the criminals are not met. As far as the PVCHR is concerned, it is an apolitical local human rights organisation with limited resources, but with a large work group, including staff and volunteers.
In the past three years, the cases taken up by the PVCHR, whenever brought to the limelight has attracted adequate attention from various corners of the world, including direct intervention by the UN agencies. Such interventions have not only stimulated the activists and volunteers associated with the PVCHR to engage more in human rights work, but has also brought immediate and long-term reliefs to the victims of human rights violations in the state.
In recognition of the activities of the PVCHR, the Gwangju based human rights group, the May 18 Foundation has awarded Dr. Lenin the Gwangju Price for Human Rights along with Ms. Irom Chanu Sharmila of Manipur in the year 2007. In 2008 received ACHA Star Peace award from Association for Communal Harmony in Asia, USA along with B. M. Kutty, Karachi, Karamat Ali, Karachi, Pakistan and Mubashir Mirza, Sadiqabad from Pakistan
SUGGESTED ACTION:
Please write to the authorities below to ensure that the safety and protection of the PVCHR, its staff and the activists associated with the organisationTo support this appeal, please click here:
SAMPLE LETTER:
Dear __________,
INDIA: the work of PVCHR, a human rights organization, must be protected
Name of victim: Dr. Lenin Raghuvanshi
Date of incident: 22nd July, 2009 and continuously thereon
I am writing to express my concern regarding the case of threats received by Dr. Lenin Raghuvanshi Convener of the Peoples' Vigilance Committee on Human Rights (PVCHR), a local non-government human rights organisation working in Varanasi, Uttar Pradesh is continuously receiving the death threat over his mobile telephone.
I am informed that on 22nd July, 09 at 9:05 pm Dr. Lenin got missed call on his mobile telephone +91-993559933 from unknown person +9198705993 and again the same caller rang at 9:06 and he verbally abuse by using filthy word and threat for his life. At 9:30 pm Dr. Lenin call back to avail more information of the caller. However caller responds that he belongs to Bihar but Dr. Lenin identifies his language tone like Western Uttar Pradesh or from Bundelkhand region.
I am also informed that again on 23rd July, 09 at 11:07 pm Dr. Lenin receives threat from unknown number +91- 9695284472. The caller abused him over the mobile phone +91-9935599333 and openly threat to kill him and also to kidnap his son.
I am informed mean while his wife Shruti with her mobile no. +91-9935599330 call to police at 100 number at 11:18 pm for help when caller was giving threat to Dr. Lenin Raghuvanshi. The policemen on duty listen the threat but he replied to complain to the Inspector General of Police (I.G), Varanasi zone.
I am further informed that after half hour i.e. 11:29 pm again when Dr. Lenin Raghuvanshi call back on the same Mobile number from his Mobile telephone +91-9935599333. The caller said "some one has borrowed my cell phone", but he recognizes the voice was of same person who was giving the threat.
I am informed that previous year 21st May, 2008 Dr Lenin Raghuvanshi receives several threatening calls to his mobile phone in which he has been verbally abused and warned that he will be killed if he continues with the work of the PVCHR with the Dalit communities in the Varanasi district of Uttar Pradesh.
On 23rd July – 24th July, 09 Dr. Lenin has registered a complaint, send through registered post, addressed to the Director General of Police, Lucknow, Uttar Pradesh and Inspector General of Police, Varanasi zone, Varanasi informing the officer about the call that he received and urging the officer to take necessary action upon the complaint.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Honorable Governor of Uttar Pradesh
Raj Bhavan, Lucknow
Uttar Pradesh
INDIA
E-mail: hgovup@up.nic.in
2. Ms. Mayawati
Chief Minister
Chief Minister's Secretariat
Lucknow
Uttar Pradesh
INDIA
Fax: + 91 522 223 0002 / 223 9234
E-mail: csup@up.nic.in
3. Mr. P Chidambaram
Home Minister
North Block
New Delhi 110 001
INDIA
Fax: + 91 11 23794833
4. Mrs Margaret Sekaggya
Special Representative of the Secretary General for human rights defenders
Att: Ben Majekodunmi
Room 1-040
C/o OHCHR-UNOG, 1211 Geneva 10,
SWITZERLAND
Tel: + 41 22 917 93 88
Fax: + 41 22 917 9006
E-mail: urgent-action@ohchr.org
5. Secretary to the Government
Uttar Pradesh State Government
5th Floor ?Lal Bahadur Sastri Bhavan
Lucknow
Uttar Pradesh
INDIA
6. Inspector General of Police
Varanasi Zone
Varanasi District
Uttar Pradesh
INDIA
E-mail: igzonevns@up.nic.in
7. Director General of Police
1-Tilak Marg, Lucknow
Uttar Pradesh
INDIA
Fax: + 91 522 220 6120 / 220 6174
E-mail: police@up.nic.in
8. Senior Superintendent of Police
Varanasi, SSP Office, Kachahari
Uttar Pradesh
INDIA
E-mail: sspvns@up.nic.in
Thank you.
Urgent Appeals
Peoples' Vigilance Committee on Human Rights (PVCHR)
In the emergency please contact shabana@pvchr.org
Re: India – Renewed attacks against human rights defender, Dr Lenin Raghuvanshi
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