Dr Debal Deb : A Legend of the principle of Local Self-sustainability on the ground

Please visit at

http://www.thegroundreportindia.com/2012/04/dr-debal-deb-a-legend-of-the-principle-of-local-self-sustainability-on-the-ground/

India: Prosecute Security Forces for Torture Recent Abuse Cases Reinforce Need to Enact Prevention of Torture Bill

New York, January 31, 2012

The Indian government should prosecute members of the security forces for recent high-profile cases of torture, to send a message that such practices will no longer be tolerated, Human Rights Watch said today.

Border Security Force (BSF) soldiers, long implicated in torture and extrajudicial killings near the border with Bangladesh, were captured in a video posted on YouTube brutally beating a Bangladeshi national caught smuggling cattle in West Bengal state. And the Indian government has awarded a medal to a police superintendant alleged to have ordered the torture and sexual assault of a female schoolteacher in Chhattisgarh state, instead of investigating him.

“These horrific images of torture on video show what rights groups have long documented: that India’s Border Security Force is out of control,” said Meenakshi Ganguly, South Asia director at Human Rights Watch. “The Indian government is well aware of killings and torture at the border, but has never prosecuted the troops responsible. This video provides a clear test case of whether the security forces are above the law in India.”

In December 2010, Human Rights Watch, together with Banglar Manabadhikar Suraksha Mancha (MASUM), a Kolkatta-based nongovernmental organization that posted the video, and Dhaka-based Odhikar, published “‘Trigger Happy’: Excessive Use of Force by Indian Troops at the Bangladesh Border.” This report documented numerous cases of indiscriminate use of force, arbitrary detention, torture, and killings by the BSF, and highlighted the failure of the Indian government to conduct adequate investigations or prosecute troops responsible for abuses. It showed that the BSF routinely abuses both Bangladeshi and Indian nationals residing in the border area. After the report’s release, the Indian government ordered an end to the use of lethal force except in cases of self-defense. While the number of killings decreased, allegations of killings and torture have continued.

The video, reportedly filmed by a BSF soldier, shows members of the BSF’s 105th Battalion stripping a man, a Bangladeshi national later identified as Habibur Rahman, tying him up and beating him, while laughing and engaging in verbal abuse. BSF personnel apparently caught when he was engaged in smuggling cattle from India into Bangladesh. Instead of handing him over to the police as required by Indian law, they illegally detained and tortured him and then left him to make his way back home. 

After MASUM released the video to local news channels, the BSF suspended eight soldiers – Sandip Kumar, Dhananjay Roy, Sunil Kumar Yadav, Suresh Chandra, Anand Kumar, Victor, Amarjyoti, and VirendraTiwari – and ordered an inquiry. However, despite clear evidence of abuse, to date no criminal charges have been filed against any soldiers.

“Whenever offenses attributed to the BSF occur, its leadership insists that there will be an internal inquiry and action taken,” said Ganguly. “But secret proceedings and suspensions or transfers won’t end the abuses. Torture is a serious crime that should be prosecuted in the courts.”

Many people routinely move back and forth across the Indian-Bangladeshi border to visit relatives, buy supplies, and look for jobs. Some engage in criminal activities, such as smuggling. The BSF is charged with intercepting illegal activities, especially narcotics smuggling, human trafficking for sex work, and transporting fake currency and explosives. It is also charged with protecting against violent attacks by militant groups.

The failure of the Indian government to prosecute authorities responsible for torture extends to all of the security forces, Human Rights Watch said. In another recent disturbing incident, Soni Sori, a schoolteacher in Chhattisgarh state, alleged that she was tortured and sexually assaulted by Chhattisgarh state police while in custody in October 2011. After her arrest as a suspected Maoist supporter, a criminal court in Chhattisgarh state handed her over to police custody for interrogation despite her pleas that she feared for her safety and life. Sori alleges that Ankit Garg, then-superintendent of police for Dantewada district, ordered the torture and sexual assault. The Indian Supreme Court ordered Sori’s transfer to the Kolkata medical college hospital for an independent medical examination. In November 2011, the examination report corroborated Sori’s allegations of physical abuse.

To date, the Indian authorities have not initiated any inquiry or criminal action against the police officers implicated. Instead of investigating the case, on Republic Day, January 26, 2012, the president of India, Pratibha Patil, presented Ankit Garg with a police medal for gallantry. The medal drew widespread condemnation.

The Indian government announced, in March 2011, a rape compensation package for all sexual assault victims, but even basic follow-up reproductive and sexual health services have yet to be made available to survivors like Soni Sori. One of her lawyers told Human Rights Watch that Sori, who is detained in Raipur central jail in Chhattisgarh, has not received any follow-up reproductive and sexual health care. Her hemoglobin count has dropped considerably and she has complained of reproductive health problems but her lawyer is concerned that she will not receive adequate medical care without obstruction by the Chhattisgarh police. During her stay at the Raipur medical college hospital for medical examination and treatment in October, the Chhattisgarh police forced the doctors to remove her intravenous drip, refusing to let her stay in the hospital.

“Soni Sori’s case epitomizes the callousness with which victims of torture are treated in India,” Ganguly said. “The Indian government shamefully presents a trophy to someone implicated in torture, while doctors cannot even treat a torture survivor without police obstruction.”

Human Rights Watch called upon the Indian government to ratify the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and to enact the Prevention of Torture bill, which is currently awaiting cabinet approval before it is voted on by the Rajya Sabha, the upper house of parliament. The law should override all provisions of Indian law that allow government officials immunity from prosecution for human rights violations. It should also ensure that adequate time is given for victims to be able to file complaints, and that all forms of inhuman and degrading treatment are brought under the purview of the law.

“The BSF, the police, and other members of the security forces operate with impunity throughout India,” said Ganguly. “When will the government in Delhi wake up and act to end torture and other human rights abuses?”

For more Human Rights Watch reporting on India, please visit:

http://www.hrw.org/asia/india

Source:

Human Rights Watch (HRW)

Film Festival on human rights - please join

West Bengal

Banglar Manabadhikar Suraksha Mancha (MASUM) from its inception has spent 14 long years in human rights arena. There were achievements, disappointments, dissolutions and despairs. But these deterrence; failed to divert us from our focus. From beginning to till date MASUM voicing for emancipation of human rights violation to establishing rights of the people; the organisation is proved its commitment toward the civil society and establishment of human rights practices through knocking to national human rights institutions and international human rights organizations and extending our opinions to greater civil society partners and make audible the lament of individual survivors of torture and human rights violations.

We want to conclude our month long observance of international human rights day with a film festival and going to organize the ‘Festival of Films and Human Rights’ on 8th January 2012 at Srirampur Town Hall from 3.00 P.M to 8.00 P.M.

Mr. Tapan Bose, noted human rights activist and filmmaker will be the chief guest and deliver the guest lecture. Mr. Bose is the Secretary General of South Asia Forum for Human Rights (Safhr) from 1997 and made several documentaries. He has won Golden Lotus in 1998 for his documentary ‘Bhopal: Beyond Genocide’ which was banned by the authorities.

With great hope, we are anticipating your assorted helps, from collection of films to viewing and make remarks on the festival.

You are cordially invited for the same with a positive response.

By:

Kirity Roy

Mother of rape victim sought for justce: denied & thrashed

Report by:

Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha (MASUM)
&
National Convenor
Programme Against Custodial Torture & Impunity (PACTI)

Name of the victim:

Ms. Kajal Halder, wife of Rabindra Nath Haldar, aged about-36 years, from Scheduled Caste community, by occupation-Housewife, residing at village-Simulpur, Police Station-Gaighata, District-North 24 Parganas, West Bengal, India.

Name of the perpetrators: 

The Officer-in-Charge of Gaighata Police Station, District-North 24 Parganas; (2) The Investigation Officer of Gaighata Police Station Case no. 284/2010 dated 31.8.2010 u/s 376 of Indian Penal Code; (3) The Investigation Officer of Gaighata Police Station Case no. 546/2011 dated 2.12.2011 u/s 341/324/354/506/34 of Indian Penal Code

Date & time of incident: 

On 1.12.2011 at about 6.30 pm

Case Details:It is revealed during the fact finding that Mr. Manoranjan Mazumdar of Simulpur, Post Office- Thakurnagar, Police Station- Gaighata is facing criminal charge u/s 376 of Indian Penal Code vide Gaighata Police Station Case no. 284/2010 dated 31.8.2010 for allegedly committing rape on the victim Guria Halder (name changed), daughter of Ms. Kajal Halder (wife of Rabindra Nath Haldar), aged about 16 years who belongs to Schedule Caste community. The said Mr. Manoranjan Mazumdar was arrested by police of Gaighata Police Station in connection with said criminal case after long persuasion by the victim’s family. But he after coming out on bail started threatening the victim and her family members pressurizing them to withdraw complaint against him. The victim’s family lodged complaint against him which was diarized by police vide Gaighata Police Station GDE no. 643/2011 dated 9.11.2011, but the police did not take any action.

On 1.12.2011 at about 6.30 pm the said Mr. Monoranjan Majumdar accompanied with Mr. Rabi Roy and Mr. Suranjan Roy restrained Ms. Kajal Halder near the tea shop of Mr. Gouranga Ghosh. At that time she was returning from market. The said tea shop is located near Thakurnagar Railway Station. They abused her and told her that the criminal case pending against Mr. Monoranjan Majumdar has to be withdrawn otherwise there would serious consequences to her and also to her daughter Guria Halder(name changed). She did not agree to bend to their unlawful demands. They became furious and told her that they will finish her life on the spot. Then they brought one iron rod from a nearby shop and hit on her fiercely on her head. Mr. Rabi Roy also hit her on her hands and legs by an iron rod. They also assaulted her with fists and blows. As a result of the assault she fell down on the ground being unconscious and the assailants left the place. Thereafter she was brought at Thakurnagar hospital for treatment by some local people. The family members of Kajal Halder informed the police of Gaighata Police Station about the incident but police did not take any action. Then at about 8 pm one police officer Mr. Sanjib Halder of Gaighata Police Station along with two other plain clothed policemen met with her at Thakurnagar Hospital and heard the incident from her, but no action was taken by police against the assailants. Later, on the same day she was transferred to Bongaon Sub Divisional Hospital as her situation was serious.

On 1.12.2011 Guria Halder (name changed), daughter of Ms. Kajal Halder went to Gaighata Police Station and submitted one written complaint against the assailants. But the police told her that they would take action on the complaint later. On the next day (2.12.2011) again Guria Halder moved to the police station and the police told her that no action could be taken on the complaint as the assailants submitted a complaint against Ms. Kajal Halder prior to her complaint. On 2.12.2011 Ms. Kajal Halder was referred to Barasat district Hospital. While she was being transferred to Barasat Hospital in an ambulance, she came to Gaighata Police Station in midway and upon arriving at the police station she pleaded before the police to register FIR against the assailants on the complaint submitted by her daughter. Then the police registered one FIR vide Gaighata Police Station Case no. 546/2011 dated 2.12.2011 u/s 341/324/354/506/34 of Indian Penal Code. Though there was serious allegation against the assailants for attempt to murder of Ms. Kajal Halder on the fateful day but it appears that police booked the assailants under lighter penal provisions paving the way for the assailants to get bail from court easily. As a result it is reported that the assailants managed to obtain bail in the said criminal case from court without being arrested. Therefore again they are roaming freely leaving every chance that they can commit further wrong upon the family of the victim girl. It is also worthy to note that the Investigation Officer of Gaighata Police Station is yet to complete investigation in Gaighata Police Station Case no. 284/2010 dated 31.8.2010 which was initiated on the incident of rape on the victim Guria Halder.