INDIA: Ongoing threats and harassment of Human rights defenders
24th September, 09
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INDIA: Ongoing threats and harassment of Human rights defenders
ISSUES: Threat; intimidation; right to life; human rights defender; right to expression
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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 human rights defenders are receiving ongoing threats and harassment.
Case detail:
On 14th September, 09 three human rights defenders of the PVCHR Ms. Shruti Nagvanshi, a female human rights defender and Managing Trustee of PVCHR, Ms. Anupam Nagvanshi, a female human rights defender and Member Core Team, PVCHR and Mr. Mangala Prasad a human rights defender, Incharge of PVCHR Pindra Tehsil unit were presented in Community Building, Ahirani Nathaipur, Block – Baragaon under Phulpur Jurisdiction, Varanasi to hear the social audit.
Under the National Rural Employment Guarantee Act, 2005, there is the provision of the participation of the NGOs in the social audit, so using the right of the Act activist were present in the social audit and promoting for the peaceful formulation of social audit.
Social audit of any scheme or program with the community or scheme is known as social audit. In which the description of payment, number of employed labour and uses of the commodities including the audit of the qualitative implementation of the program.
- The social Audit is essential for the transparency in the scheme and knowledge to every body.
- To increase people participation.
- To increase people efficiency for the using their rights.
- Effectiveness of the scheme.
- Social Audit is continuous process
Immediately letter was fax to National Human Rights Commission and Director General of Police and on 15th September, 09 letter was sent to Prime Minister of India, Commissioner of Varanasi region, District Magistrate. Commissioner of Varanasi region directs District Magistrate of Varanasi for the investigation and appropriate action.
However due to the ongoing threat human rights defenders are unable to generously work in that area and Mr. Mangla a local resident seeking his security is not coming outside of his house as on 27th October, 07 he was threaten by the same perpetrator for protesting against corruption. Please see the given below URL for further information http://www.ahrchk.net/ua/mainfile.php/2007/2630/
.
The Non – Cognizable Report no. 188/09 was lodge as First information report. The verbatim translation of the complaint is as follows, please see the given below URL for detailed information http://www.scribd.com/doc/20060592/NCR-in-case-of-beating-of-Shruti-by-feudal
To,
SHO,
Phulpur
Varanasi.
Sub: In relation to attempt to kill beating and community based attack.
Sir,
I and Anupam Nagvanshi, who are members of PVCHR, went to Ahirani community center for Participation in social audit of NREGA of village panchayat Nathaipur, where NREGA workers already present. Nearly 3:30 PM social audit started under the leadership of BDO (Block Development officer) of Badagaon. In this audit process, village elected head Mrs. Usha Devi was not present. But his husband Lolarak Singh alias Arun Singh came here along with BDO in BDO's vehicle. Husband of village head, Rojagar sevak Mr. Anil Dubey, Village Secretary and ADO (Panchayat) surrounded the BDO, who was reading the muster role to villagers. BDO told that he was going to read muster role related present session's work and Job. Then villagers protested, after that BDO started to read muster role, on that process in between Mr. Lal Ji S/O Mr. Pancham Rajbhar objected that he worked three days, but here mention only for 2 days. After that BDO asked to a worker for witness. Worker told that Lal ji worked only two days. During the discussion, husband of village head Arun Singh started the abusing and to beat the villagers and came out from room along with Rojagar Sevak Anil Dubey and beaten up the people outside the room. Women wanted to stop, then Anil Singh started to beat the women in general, especially to Ms. Chandra Devi W/O Vijay Kumar, He tore her cloth with, her bangle is broken. Her hand cuts and blood came out. In between Arun Singh gave death threat to Mangala Rajbhar & Lal ji Rajbhar. Mahandra Singh S/O Amar Singh P/O Kuwar Kot Ps-Phulpur, Varanasi also involved in beaten to villagers.
Then Arun Singh called the upper caste people for beating to dalit & OBCS. After that, BDO told that Muster role disappeared. Villager told that there are your people; please start the checkup, but he started to go. After the permission of BDo, Shruti along with Lal Ji Rajbhar went with BDO on BDOs' vehicle. When vehicle went ahead than upper cast surrounded the vehicle. They told that please down the Lal Ji from vehicle and want to kill him.BDO pushed down the Lal Ji, and then Shruti went out from vehicle also. After that upper caste surrounded both. Guddu Dubey S/O Phul Chand Dubey started to slap the shruti in very bad way. She fallen down on earth after that villager of OBCs ghetto came, save them & went police station Phulpur. Please take appropriate legal action on above mentioned happing.
14th September, 09
Applicant
Ms. Shruti Nagvanshi
Managing Trustee, PVCHR
SA 4/2 A Daulatpur, Varanasi
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.
Since 2005 human rights defenders of PVCHR are continuously getting threats from the area of Baragaon block due to the dalit uprising and their continuous struggle for democracy and rule of law. In this context urgent appeal was released by Asian Human Rights Commission (AHRC) and Front Line, Ireland an International Foundation for the Protection of Human Rights Defenders.
SAMPLE LETTER:
Dear __________,
INDIA: Ongoing threats and harassment of Human rights defenders
Name of Victim:
1. Ms. Shruti Nagvanshi, Core Group Member, PVCHR
- Ms. Anupam, Core Team Member, PVCHR
- Mr. Mangala, PVCHR Activist
- Villagers of Ahirani Nathaipur
Name of Alleged Perpetrator:
1. Block Development Officer (BDO), of Baragaon Mr. Atul Mishra
2. Mr. Arun Singh alias Lolarak Singh son of Lallan Singh (husband of current village head Mrs. Usha Singh).
3. Rojgar Sevak Mr. Anil Dubey
4. Unknown person
Date & Place of Incidence: 14th September, 09 Community Building, Ahirani Nathaipur, Block – Baragaon under Phulpur Jurisdiction, Varanasi
I am writing to express my concern regarding the ongoing threat and harassment of three human rights defender of the PVCHR Ms. Shruti Nagvanshi, a female human rights defender and Managing Trustee of PVCHR, Ms. Anupam Nagvanshi, a female human rights defender and Member Core Team, PVCHR and Mr. Mangala Prasad a human rights defender, Incharge of PVCHR Pindra Tehsil unit were presented in Community Building, Ahirani Nathaipur, Block – Baragaon under Phulpur Jurisdiction, Varanasi to hear the social audit.
I came to know that under the National Rural Employment Guarantee Act, 2005, there is the provision of the participation of the NGOs in the social audit, so using the right of the Act activist were present in the social audit and promoting for the peaceful formulation of social audit
Social audit of any scheme or program with the community or scheme is known as social audit. In which the description of payment, number of employed labour and uses of the commodities including the audit of the qualitative implementation of the program.
- The social Audit is essential for the transparency in the scheme and knowledge to every body.
- To increase people participation.
- To increase people efficiency for the using their rights.
- Effectiveness of the scheme.
- Social Audit is continuous process
Immediately letter was fax to National Human Rights Commission and Director General of Police and on 15th September, 09 letter was sent to Prime Minister of India, Commissioner of Varanasi region, District Magistrate. Commissioner of Varanasi region directs District Magistrate of Varanasi for the investigation and appropriate action. The Non – Cognizable Report no. 188/09 was lodge as First information report
However due to the ongoing threat human rights defenders are unable to generously work in that area and Mr. Mangla a local resident seeking his security is not coming outside of his house as on 27th October, 07 he was threaten by the same perpetrator for protesting against corruption. Please see the given below URL for further information http://www.ahrchk.net/ua/mainfile.php/2007/2630/
Therefore it is my kind request to take appropriate action/investigation in the above mention case for the protection of human rights organization establishment of rule of law.
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)
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