The preamble of the Indian constitution
read as, ‘WE THE PEOPLE OF INDIA’… further grand themes
like JUSTICE, LIBERY AND EQUALITY of status has been highlighted with utmost
care. Further ‘DIGNITY OF THE INDIVIDUAL’ has been asserted. The tone of the
preamble sets the ethical and legal framework to create an atmosphere in the
country where all human being can live with their realized potential and
dignity. However, reality is appalling. Justice is elusive (inaccessible,
long delays, corruption, political influence) to the majority of the
downtrodden and untouchables. Liberty (freedom of expression) is at stake,
such as:
1.
On
26th June, 2012 Ms. Shirin Shabana Khan, senior member of management
committee of PVCHR posted in Odisha Watch an article published in Asia News.[i] This
article includes the quotation of Dr. Lenin Raghuvanshi on Kandhamal
issues. After more than a month three
gentlemen (Mr. Saubhagya Panigrahi, Mr. Chinmaya Kumar Panda and Mr. Bahara
Mihir Mohanty) from Odisha attacked on her religion identity.[ii]
2.
Shruti
Nagvanshi was struck down in the ground and villagers were beaten by Guddu
Dubey, known for his links to the underworld in Ahirani Nathaipur, Block – Baragaon under Phulpur Jurisdiction,
Varanasi..
After they complained that a social audit was being fabricated, and that many
of their names were being misused. The audit was to look into the operation of
the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MNREGA),
which is operated by the Village Panchayat. We have also learned that although
the office of the village head was reserved for a female candidate and was won
by the wife of a local landlord, it is her husband who runs the village.
Lalji and Mr. Magala Rajbhar,
an activist associated with the PVCHR, tried to intervene and keep the peace,
but were beaten by Singh. The BDO called off the meeting and made moves to
leave. When asked to call the police by two female PVCHR staff members (Ms.
Shruti and her sister Ms. Anupam), he claimed that he would rather report it
personally. Shruti requested that she and Lajli go with him and the three tried
to leave, but a mob of upper caste men led by Singh reportedly surrounded the
vehicle and demanded that Lalji get out. At this point Mishra allegedly pushed
Lalji out of his vehicle, and Shruti followed, fearing for his safety. The two
were beaten, and one man, Guddu Dubey, known for his links to the underworld,
struck Shruti to the ground. Villagers were able to intervene and the two
victims were taken to Phulpur Police Station to make a report.[iii]
3.
Dr.
Lenin Raghuvanshi was detained under Section 151 and released after four hours
while the other three activists were charged under Sections 107/16 for the
legal proceeding. As on 8 August 2003,
the children held a Child Parliament in front of the district headquarters and
demanded a school in their area. On 26 August 2003, observed as tehsil diwas (day), 250 children walked
5 km from the Sant Kabir Jan Mitra Kendra to Pindra tehsil and submitted their demand to the SDM of Pindra. The SDM
misbehaved with the children and ordered a lathi-charge on the children and the
villagers.
Rajendra
Tiwari, present village head of Belwa village, does not plan to open any school
for the Musahars he engages as bonded labourers in his brick kiln factory. Even
the BRC co-ordinator in his report stated that 211children were present in the
brickfields and this ghetto was marginalised due to politically biased enmity.
In 2007 false charged imposed
on Dr. Raghuvanshi and his colleagues under Section 505(b) were highlighted by
NDTV in a special news report. It was aired in India, United Arab Emirates and
the United Kingdom on 10 December 2010. As the national media wrote front-page
editorials, the electronic media gave wide coverage to the issue by allotting
prime time news coverage to these cases.[iv]
The
state administration, meanwhile, haphazardly responded to the issue. Its
response was in two different directions, unfortunately opposing each other.
Once the appeals were issued, the administration immediately dispatched some of
its senior most government officers to the remote villages to study the
situation. In one such case, some of the top officers literally flew into Anei
village at Varanasi in a helicopter. Anei is the village from which the Jigar
case was reported. The officers, under the direction of the chief minister’s
office, took immediate steps to ensure that there would be no further
starvation deaths in the village. The officers made overnight arrangements to measure
the land and even allotted land to the lower caste community in the village
within hours.
Various
political parties in the state picked up the issue of starvation and
malnourishment. Rahul Gandhi, a Member of Parliament from Uttar Pradesh, came
to know about the case of Mukesh from Jaunpur district and made arrangements
for his treatment at the All India Institute of Medical Sciences (AIIMS).
Mukesh was shifted to AIIMS and is now receiving treatment there. While this
was going on, the chief minister appeared on television and gave a statement
that the reports made by PVCHR and AHRC concerning starvation and deaths from
malnutrition were false. Simultaneously, I started receiving threat calls on my
mobile phone.
One
Rajendra Tripathi has filed a complaint against him and his colleagues at the
Phulpur police station making false allegations against PVCHR and myself.
Tripathi, the head of Belwa village who is also the complainant in the case, is
a person against whom I, in the past, as the member of the District Vigilance
Committee against Bonded Labour, filed complaints, based on which there is a
warrant of arrest issued by the magistrate’s court. The arrest order is pending
against Tripathi. The FIR states that Tripathi himself reported at Phulpur police
station along with his brother, and has given the First Information Statement.
To
Police Station Officer,
Phulpur, Varanasi
Sir
The
applicant Mr Rajendra Prasad Tripathi, son of Raj Narayan Tripathi is a
resident of Belwa village within the jurisdiction of Phulpur police station of
Varanasi district. He is a peace loving person. In the applicant's village, now
Dr Lenin Raghuvanshi, Ms Anupam Nagavanshi and Ms Shruti Nagavanshi of village
Pandeypur and Daulatpur and Mr Prem Nut, son of Mahangu, Ms Kalawathi, wife of
Sherbahadur of Belwa are running various NGOs – Jan Mitra Nyas (funding
organisation), People’s Vigilance Committee on Human Rights, Sawitri Bai Phule
Samiti, Bagath Singh Youth Singh Samiti, Voice of People, etc. They are giving
fake assurances and attractions to the illiterate and poor people in the name
of money, Anthyodaya Anna Yojana Card (AAY card), housing, pension, allotment
of land and jobs and they are earning money. They have compelled the villagers
into class conflict and are interfering in the village committee politics by
agitating the villagers by provocative speeches. It is their work to gather
against the administration and other respected people of the village and they
regularly conduct gherao in the district head quarter and against other high
officials.
The
above people and their NGO’s work is to create class conflict and lawlessness.
If legal action is not taken against the above people, the situation of
conflict and disorder will be created. Sir, I urge you to take legal action
against the above people so there could be peace in the village.
9 December 2007
Applicant
Mr Rajendra Prasad Tripathi
Village Belwa
The
complaint reflects the worry of a Brahmin who finds his family’s thus far
unchallenged domination upon the lower caste being challenged. The accused
persons in the complaint also include members of the Dalit community. The mere
fact that the complaint is false and made with malicious intention calls for
action against the complainant under provisions of the Indian Penal Code, 1860
and also under the Scheduled Caste and the Scheduled Tribe (Prevention of
Atrocities) Act, 1989.
The
allegations of ‘making promises’ are false. Free speech is a fundamental right
in India, so is the freedom to associate. The registration of the crime based
on this complaint will amount to registering a crime for exercising a person’s
fundamental right guaranteed in the Constitution. This ground of the complaint
has no legal basis whatsoever.
In
spite of repeated reminders, the Phulpur police refused to produce anything in
court. Even though the law mandates a report to be filed by the police in court
within 48 hours, the police filed a report after 10 days informing the court
that a crime has been registered. Meanwhile, the PVCHR activists against whom
the crime was registered also appeared in court, informing it that they are
present within the jurisdiction of the police and in public in case the police
wanted them to be arrested. The police, however, refused to arrest them.
Ironically, PVCHR has also been requested by the state police department to
address their senior officers on human rights principles in a meeting organised
by the state police department in Varanasi on 28 January 2008. In December
2007, the PVCHR staff and the chief minister of Uttar Pradesh even had a live
discussion telecast regarding the issues of starvation and hunger of Dalits in
the state.
In
fact, in August 2005, PVCHR promoted a contest against the candidature of
Tripathi as the village head in the local election. Tripathi immediately
responded by ordering Ramasray Singh, a local criminal, to call the candidate S
N Giri and me over telephone saying that he has been asked by Tripathi to kill
both me and Giri for promoting a competition in the village election, which
thus far was never contested. Against this, the AHRC issued an Urgent Appeal,
which was responded to by three rapporteurs from the United Nations, who wrote
to the Government of India to provide protection to Giri and me. The Election
Commission of India also responded to the appeal by sending their
representative to monitor the election and ordering the then District
Magistrate to provide every security to Giri and also to the Dalit voters
during the election. A criminal case was registered against Ramasray Singh and
he was arrested. The District Magistrate also issued shoot-at-sight orders
against the criminals sponsored by Tripathi, if they tried to prevent the
Dalits from participating in the electoral process. Due to this, for the first
time since Independence, the Dalits in Belwa exercised their right to vote.
4. Mangal Singh son of Ghasite resident of
Vishal Nagar, district Mahoba of Uttar Pradesh. Mangal Singh, a farmer is
fighting against the illegal mining & heavy blasting activities near town
Kabrai Mahoba district, which has affected the residents of that areas. He has
filed PIL in Honb’ High Court, Allahabad CIVIL MISC. WRIT PETITION NO 63396 OF
2009 that turned the stone crusher association against him. On which Mangal
Singh sought security from Honb’ High Court. The Honb’ Court ordered but till
now he did not get any security.
5. Ms.Rehana Adeeb, founder of ASTITWA (Action Social team for Women) Social
Organization in Purkoji Street, District Muzaffarnager of Uttar Pradesh. Her
organization starts having friendly relation with Muslims and dalits women and
share their high and lows faces in their life and experience how they
individually struggled in their life and run their families.
Astitwa is
making effort with this aim and some people or some groupis strictly opposing
it because they are in the fear of seat and they are playing politics in the
name of religion and women. They are raising their voice and doing against
Astitwa because they are feared of political game will be ruined. For example provoking
with worker, forcefully taking money by entering in office, showing vulgar
picture and mentioning it on the piece of paper to women worker, communicating
on the mobile etc. several times it was complained in the police station but
police respected people of the society unite for doing harassment.
Administration entirely oppositely behaving with us “they are already in
trouble and we also came to troubled them”. In this situation it is very
challenging to work. Entire day she work in the field because her house is 90
Km far from my work place. It is very dangerous to sleep alone in the office.
Female colleagues help her in day during her work but she is alone in the
night.[iii]
6. Mr. Mahesanand, Secretary, Gramya Swaraj Samiti organized protest march
from Dudhi tehsil to Robertsganj district header of Sonbhadra. In which five
thousand tribal will cover 100 km starting from 10- 15 March on the resolution
taken by villagers of Sundari on 15th January, 2011 after
inauguration of Kanhar Dam. He faced threat from the local contractor, state
and political parties.
7. When the world recognises and shows
solidarity with the non violent protest of Irom Sharmila, that entered into the
10th year for demanding establishment of rule of law and repeal of AFSPA entirely
from the State, the political system both in Delhi and Manipur get into the
brass task to undermine the strength of non violence through their silence and
ignorance. Her's is the longest protest for a social cause by any single
individual anywhere in the world. Reacting to her hunger strike, and the public
support across the globe, the frustrated Mr Okram Ibobi Singh, the Chief
Minister told in the Manipur State Assembly that the State Government had to
spend around Rs 147,000 in two years to keep Sharmila 'alive'. We are sure; the
Britishers never said such thing against Gandhiji. Neither the security
agencies, nor the political class have learned the meaning and experience of
non violence, except using it as a debit card[v].
8. The reign of terror was such that even
listening to Azad Jammu & Kashmir (AJK) Radio Station would lead to public
beatings and incarceration. "There were lots of stories in our childhood
about sending behind bars anyone caught murmuring signature tune of AJK
radio-today many have put this as ring tone in their cell phones. Those days it
was seditious to tune in any other radio station other than the Radio Kashmir.
We heard stories about sleuths eavesdropping and people being cane charged and
even fed with hot potatoes by dreaded cops for listening to AJK radio".[vi]
9. Police firing in Paramakudi area of Ramanathapuram District, Tamil Nadu, on 11September
2011, in which 6/7 persons died and several injured. Pursuant to the directions
of the Commission to the DGP, Tamil Nadu, the SP, Ramanathapuram District, has
sent his report dated 29.02.2012. As per this report, Crime No. 300/11 U/S
147/148/149/427/324/435/332/307 IPC and Section 3/4 of the TNPPDL Act, was
registered at Town Police Station of Paramakudi on the incident in question.
Vide Government Order dated 29.11.2011 the investigation of the case has since
been transferred to the CBI. The report further says that the State Government
has appointed a one man Commission of Inquiry, headed by Justice Shri Sampath,
a retired Judge of the Madras High Court, to conduct an inquiry into the
incident. The report is yet to come. The report further says that vide
Government Order dated 29.11.2011, the State Government has announced relief of
Rs.5 lakhs each to the NOK of the deceased persons. The Chief Secretary,
Government of Tamil Nadu, is directed to inform the Commission of the status of
the inquiry by the Inquiry Commission within four weeks. He should further
forward to the Commission proof of payment of the announced relief to the NOK
of the persons who died in the police firing. The Additional Director, CBI,
Chennai, is also directed to inform the Commission of the current status in the
case within four weeks.[vii]
Dr. B.R Ambedkar rightly says “Indian
today are governed by two different ideologies. Their political ideal set in
the preamble of the constitution affirms a life of liberty, equality and
fraternity. Their social ideal embodied in their religion denies them”
Therefore it is an appeal to Government of India to
assert the Liberty (Freedom of Expression) and to invite UN Special Rapporteur on the Rights to Freedom of
Peaceful Assembly to visit to India.
Thanking
You
Sincerely Yours
Dr.Mahendra Pratap
President
Peoples’ Vigilance Committee on
Human Rights
SA 4/2 A, Daulatpur, Varanasi,
India-221002
Email: pvchr.india@gmail.com
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