RTI activists: Sitting ducks of India

Transcription

inside : A special report on ATTACKS on THE RTI ACTIVISTS
january-june 2011 n issue-3 & 4 n www.achrweb.org
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J&K:A
THE Q
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M IR IS
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A SI A N
C EN T R
India losing on torture
IAP Vs Naxals: Lessons not learnt from J&K and Manipur
Follow up: a ray of hope for Adivasis of Lungsung?
What ails Multi-Sectoral Development Plans?
Judgement: Impact of judgement on CVC appointment
State reports
IN J&K
: Kashm
repatri
ation: Mi
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Article 3
E FO R
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70
S
The quarterly journal of asian centre for human rights
India Human Rights Report January-June 2011
contents
contents
editorial
3
Amend the RTI Act for protection of the
RTI activists
special report
4
commentary and analysis
Cover story
Since 2010, at least 12 RTI activists including Ms.
Shehla Masood (above) have been murdered. India
must amend the RTI Act to provide protection to
those seeking information under the Act. page 4
9
11
Report of the Parliamentary Select Committee
on the Prevention of Torture Bill, 2010
15
What ails Multi-sectoral Development Plan?:
A case study of Mizoram
19
Follow up: A ray of hope for Adivasis of
Lungsung?
21
Naxal affected district development
programme: Lessons not learnt from
J&K and Manipur
state round up
Issue-3-4 n January-June 2011
Editor-in-Chief: Suhas Chakma
Editorial office:
C-3/441, Second Floor
Janakpuri, New Delhi-110058, India
Tel/Fax: +91-11- 45501889, 25620583
Email: [email protected]
Web site: www.achrweb.org/ihrrq.html
25
Andhra Pradesh
30
Arunachal Pradesh
32
Assam
36
Bihar
39
Chhattisgarh
42
Delhi
44
Gujarat
46
Haryana
48
Himachal Pradesh
49
Jammu and Kashmir
51
Jharkhand
1
contents
2
54
Karnataka
56
Kerala
58
Madhya Pradesh
60
Maharashtra
64
Manipur
67
Meghalaya
69
Nagaland
71
Orissa
76
Punjab
80
Rajasthan
84
Tamil Nadu
87
Tripura
89
Uttar Pradesh
92
Uttarakhand
95
West Bengal
Judgements
97
Greater NOIDA farce: The Land Acquisition Bill
must take into account the Supreme Court
Judgement
India is losing on
torture. It is even failing
to extradite wanted
criminals because of
its poor human rights
records including torture.
The Parliamentary Select
Committee on the
Prevention of Torture
Bill, 2010 made excellent
recommendations but the
Ministry of Home Affairs
has failed to introduce
the Bill so far. page 9
What ails Multi-sectoral
Development Plan of the
Ministry of Minorities
Affairs. A case study
of Mizoram shows
that projects meant
for the minorities are
being diverted for the
development of the
majority. page 15
102 Removal of Central Vigilance Commissioner
P J Thomas: India needs public confirmation
system
110 endnotes
Subscription/price:
The suggested subscription is Rs 875 per issue.
For details, email at [email protected]
Copyright: © Asian Centre for Human Rights, 20110.
No part of this publication can be reproduced or
transmitted in any form or by any means, without prior
permission of the publisher.
The Central government
has sanctioned Rs
35 crore per year for
each Naxalite affected
district to undertake
development programmes
to counter the Naxals.
The reports of the CAG
of the Government of
India shows that similar
programmes have failed
in J&K and Manipur.
Lessons have not been
learnt. page 21
EDITORIAL
Amend the RTI Act for protection of the RTI activists
S
ince 2010, at least 12 RTI activists have been
murdered for seeking information to “promote
transparency and accountability in the working
of every public authority” of India. Ms. Shehla Masood,
a prominent woman RTI activist of Bhopal, Madhya
Pradesh was murdered on 16 August 2011. She joined the
growing list of RTI activists who have been murdered. Even
policeman seeking information could not escape death. On
25 July 2010, Uttar Pradesh Police Home Guard, Mr Babbu
Singh was killed allegedly for seeking information about
government funds and work done by his village Pradhan
(Head) at Katghar village in Bahraich district of Uttar
Pradesh. Many face serious physical assaults on regular basis.
Those who seek information from their village panchayat
and other local administration also face social ostracisation.
A large number of threats and attacks including murder do
not make news.
RTI activists are the most vulnerable human rights
defenders (HRDs) of India. Unlike other HRDs, a large
majority of the RTI activists are not necessarily part of any
organisation or group. They often act alone, moved by
outrage against corruption and other illegal activities. RTI
activists are extremely vulnerable as they live in the same areas
as the corrupt public authorities, political leaders and mafia
who do not want information about their illegal activities
to be disclosed. The lucky ones come to the media attention
only when killed, maimed or battling for life.
When complaints are made by RTI activists, the law
enforcement personnel, who are usually hand in glove with
those threatening the RTI activists, do not take necessary
action. The Right to Information Act, 2005 provides no
protection. The Central Information Commission and the
State Information Commissions are not mandated either to
deal with such threats or attacks or to provide protection
when needed.
The protection of the RTI activists has been raised in
the parliament a number of times in 2010. The Minister
of State in the Ministry of Personnel, Public Grievances
and Pensions, Shri V. Narayanasamy while replying to
the Unstarred Question No. 3456 in the Lok Sabha on 1
December 2010 stated that reports have appeared in the
media about the victimization of people who use Right
to Information provisions. He, however, downplayed the
situation by stating that the Indian Penal Code and the Code
of Criminal Procedure have adequate provisions enabling
the law enforcement machinery in the States to take strict
preventive and punitive action against such threats. He
further stated that the Government of India has urged the
Chief Ministers of the States and Administrators of Union
Territories to promptly inquire into such instances, if any,
and take action against the offenders
Sadly, no action is taken even after the Court orders. The
Bombay High Court while hearing the murder of RTI activist,
Satish Shetty in Maharashtra on 7 May 2010 ordered the
State government to immediately provide police protection
to any person or organisation that complains of threat or use
of force or has been attacked for filing applications under the
RTI Act. The High Court also directed the state government
to set up provisions for speedy investigation of cases of threats
or attacks against social activists, a monitoring system and
a database of social activists, within 90 days. However, the
cases of attacks on activists in Maharashtra only increased.
It is clear that State government had failed to comply with
court orders.
There is a need for amendment of the RTI Act to provide
for protection of those seeking information under the Act.
Asian Centre for Human Rights recommends that a separate
chapter, “Protection of those seeking information under the
(RTI) Act”, be inserted into the Act.
Protection measures should include (i) mandatory and
immediate registration of complaint of threats, use of force
or attacks against RTI activist as First Information Report
and placing such FIR before the concerned magistrate/
judge of the area within 24 hours for issuance of necessary
directions for physical protection of those under threats or
their family members, and review such protection measures
from time to time; (ii) conducting inquiry into the threats
and attacks by a Police Officer not below the rank of
Deputy Superintendent of Police/Assistant Commissioner
of Police and conclusion of such investigation within 90
days; and (iii) trial of the accused, if offences made out after
investigation, within six months. Further, concerned Public
Information Officers, First Appellate Authorities and those
directly related with the information sought under the RTI
Act should be presumed to have abetted the offences against
the RTI activists unless proven contrary. n
3
4
special report
A
s Anna Hazare’s fast for an effective Lok Pal Bill was
continuing in full swing at Ram Lila Ground in Delhi,
Ms. Shehla Masood, a prominent woman RTI activist and
supporter of Hazare was shot dead by unidentified assailants
outside her residence in Bhopal, Madhya Pradesh on
16 August 2011. She was on her way to participate in an
anti-corruption rally in Bhopal.1 Ms. Masood joined a
growing list of RTI activists who have been targeted for their
activism under the Right to Information (RTI) Act, 2005.
The Right to Information Act, 2005 was enacted to
“promote transparency and accountability in the working of
every public authority”. However, those seeking information
under the RTI Act have come under increasing attacks and
India’s landmark transparency law provides no protection.
A dangerous nexus has been formed between corrupt officials,
politicians and the mafia to silence the RTI activists.
Since 2010, at least 12 RTI activists have been murdered
while scores have faced serious physical attacks, prosecution
under false charges and many faced social ostracization.
When the threats were brought to the notice of the
Central Information Commission and State Information
Commissions, the interventions have been ineffective. The
police who are supposed to investigate do not register the
First Information Reports (FIRs), do not conduct the
investigation and often turn out to be the perpetrators.
The murder of Ms. Shehla Masood and others calls for
new protection mechanisms, if necessary, by amending the
RTI Act, 2005.
i. Murder of RTI activists
The RTI applications are often seen by the officials as
attempts to expose corruption, poor governance and human
rights violations, among others. Demanding information,
especially at the grassroots, are often met by threat and
reprisals.
At least 12 RTI activists, including Ms Masood, have
been killed for seeking information under the RTI Act so far
since 2010. Few others were killed earlier.
On 2 March 2011, Niyamat Ansari, a NREGA activist,
was beaten to death by unidentified persons after he was
dragged out of his house at Jerua village in Latehar district
of Jharkhand. Mr Ansari had exposed corruption in the
NREGA by contractors through the RTI Act and based on
his complaints three persons, including Block Development
Officer Kailash Sahu were arrested for defalcation of funds.2
On 27 August 2010, RTI activist Ramdas Ghadegavkar
(43 years) was killed allegedly for exposing corruption in
public distribution system (PDS) and sand mafia in Nanded,
Maharashtra.3
On 25 July 2010, a Uttar Pradesh police home guard
identified as Babbu Singh was killed allegedly for seeking
information about government funds and work done by his
village pradhan (chief) at Katghar village in Bahraich district
of Uttar Pradesh.4
On 20 July 2010, two unidentified assailants shot
dead Amit Jethwa, RTI and environment activist, near the
Gujarat High Court. Mr Jethwa, who was the president of
Gir Nature Youth Club, had filed several petitions against
the Forest Department and also filed a public interest
litigation (PIL) on illegal mining in the Gir forests of
Junagadh district.5
On 22 May 2010, Dattatray Patil was killed allegedly for
exposing various malpractices and siphoning off public funds
at Ichalkaranji in Kolhapur district, Maharashtra.6
On 20 April 2010, RTI activist Vitthal Gite (39 years)
was killed allegedly for exposing irregularities in a school at
Waghbet village in Beed district of Maharashtra.7
On 11 April 2010, Sola Ranga Rao was killed allegedly
for seeking information about fund meant for a pipeline
at Sitarampuram village in Krishna district of Andhra
Pradesh.8
On 26 February 2010, RTI activist Arun Sawant was
killed allegedly for fighting administrative corruption in
Thane in Maharashtra.9
On 14 February 2010, Shashidhar Mishra was killed for
exposing several scams in welfare schemes through the RTI
Act at Phulwaria village under Bararuni-Phulwaria police
station in Begusarai district in Bihar.10
On 11 February 2010, Vishram Laxman Dodiya of
Ahmedabad in Gujarat was found murdered shortly after
meeting officials of Torrent Power Company.11 The deceased
had filed an application under RTI Act to get details about
the illegal electricity connection obtained by the company.12
On 13 January 2010, RTI activist Satish Shetty (38
years) who exposed many land scams at Talegaon Dabhade
was killed near Pune, Maharashtra.13
ii. Attempts on the lives of RTI activists
Many have survived the attacks. In the first six months
of 2011 alone, many attacks were reported. While many
incidents go unreported.
On 21 August 2011, RTI activist Jaisukh Bambhania (39
years), a resident of Union Territory of Diu, was attacked
with sharp weapons and pipes and acid thrown on him by
unidentified persons alleged to be officials and politicians at
Una in Junagadh district of Gujarat. The victim had sought
information in connection with the construction of an
alleged illegal restaurant and bogus licences issued by Road
Transport Office to bike vendors.14
On 24 June 2011, RTI activist Bhagu Devani (72 years)
was stabbed in Porbandar, Gujarat by five to six people. The
activist has accused a former BJP minister and two others for
illegal construction of a hotel and a building.15
On 18 April 2011, three RTI activists Popat Pandurang
Barge (37 years), Vishal Chandrakant Pawar (37 years) and
Vishal Pandurang Barge (35 years) were attacked allegedly
by members of a political party at Phaltan taluka in Satara
district of Maharashtra.16
On 5 April 2011, RTI activist Dilip Jaiswal was beaten
up by three officials of Regional Transport Office identified
as Kishore Chimnikar, Ram Wandile and Pradeep Gattewar
for seeking information in Nagpur City, Maharashtra.17
On 3 March 2011, Dalit RTI activist Mangal Ram
Meghwal was beaten up and abused by Sarpanch Gulam
Shah and others for seeking information on work done under
the National Rural Employment Guarantee Act (NREGA)
at Bamgore village in Barmer district of Rajasthan.18
On 19 February 2011, RTI activist Santosh Daundkar
was attacked allegedly for filing complaints against a
construction company for developing a plot of land illegally
in the Nagpada area in Mumbai, Maharashtra.19
On 10 February 2011, RTI activist Jagdish Sharma was
injured and his daughter-in-law killed by the Sarpanch for
exposing corruption at Chandrawal village in Fatehabad
district, Haryana.20
On 26 January 2011, Amarnath Pandey (55 years) was
seriously injured after being shot at allegedly for trying to
expose corruption in Deepnagar locality in Sonebhadra in
Uttar Pradesh.21
Special Report
On 25 January 2011, RTI activist Vikrant Karnik was
attacked allegedly for trying to expose illegal activities
against builder and a politician at Ghantali in Thane (West),
Maharashtra.22
On 17 January 2011, RTI activist Safdar Ali was beaten
up by unidentified persons at Bhandoga area in Doda district
in Jammu and Kashmir for seeking information against
misappropriation of funds in the construction of a village
tank.23
On 17 January 2011, RTI activist Salman Reddy
sustained severe injuries after being attacked by unidentified
persons for seeking information under the RTI Act on the
outskirts of Rayagada town in Rayagada district, Orissa.24
On 2 January 2011, RTI activist Yashwant Gavand (42
years) sustained multiple head injuries after being attacked
by about 30 people in Bhandup in Mumbai, Maharashtra for
exposing corruption.25
On 2 January 2011, RTI activist Arun Mane was attacked
by unidentified persons in his shop at Jijamata Chowk in
Telegaon-Dabhade, in Maharashtra for allegedly pursuing
the cases of slain activist Satish Shetty.26
Many were threatened and attacked in 2010.
In September 2010, RTI activist Anwar Sheikh
approached the Bombay High Court seeking protection
after he was threatened with death for exposing an illegal
land transfer in Vikhroli area in Mumbai, Maharashtra.27
On 8 August 2010, RTI activist Budhai Kumar was
attacked allegedly by goons of the chairman of Nagar
Panchayat of Sitapur district in Uttar Pradesh for seeking
information under the RTI Act.28
On 14 July 2010, RTI activist Ashok Kumar Shinde was
beaten up by unidentified persons for seeking information
under the RTI Act and filing a PIL against the Public Works
Department in Mumbai, Maharashtra.29
On 31 May 2010, RTI activist Ghulam Nabi Shah of
Budgam, Jammu and Kashmir was beaten up for seeking
information regarding Indira Awas Yojana and NREGA funds
from Block Development Officer (BDO) of Khansahib.30
On 17 April 2010, RTI activist Mulkh Raj of Ramnagar
was threatened with death and driven from his village after he
filed an RTI application seeking information from a school.31
iii. False cases and harassment
Many RTI activists have been implicated in false cases to
stifle their voices.
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special report
On 6 June 2011, an attempt was made to frame RTI
activist Payi Gyadi by planting a pistol and explosives
in his car in Itanagar, Arunachal Pradesh. Mr Gyadi had
exposed through the RTI Act, the illegal appointments in
various departments of the state government on the basis of
favouritism and recommendations by some politicians of the
state in connivance with a high-ranking officer of the state
through fake certificates. Earlier on 4 March 2011, Mr Gyadi
lodged an FIR in the Itanagar Police Station against senior
Cabinet Minister for Health and Family Welfare and Rural
Works Department Atum Welly and Chief Information
Commissioner Y.D. Thongchi for their involvement
in favouring illegal appointments in the government
departments. Later, police arrested three persons for trying
to frame Mr Gyadi.32
On 28 May 2011, RTI activist Ramesh Agarwal
was arrested and chained to a hospital bed in Raigarh,
Chhattisgarh. Agarwal was arrested based on a complaint
filed by the Jindals. The complaint was filed allegedly
for exposing environmental violations by the Jindals
business group, which resulted in the cancellation of the
environment clearance by the Ministry of Environment
and Forests.33
On 11 April 2011, RTI activist Pawan Sharma, a resident
of Shalimar Garden-II in Ghaziabad, Uttar Pradesh, was
arrested allegedly on false charges of extortion and criminal
intimidation case filed on 8 April 2011. Mr Sharma had
exposed the nexus between builders and officials of the
Ghaziabad Development Authority (GDA) to allow illegal
construction through the RTI Act. He was later released on
bail. However, another FIR was filed and Mr Sharma was
arrested on the same charges on 11 July 2011.34
On 9 March 2011, RTI activist Mary Anne Pohshna
was arrested by the police in an alleged false case in
Meghalaya. Mary Anne Pohshna with another activist
Agnes Kharshiing were framed in a false criminal case at
the behest of police officials. Agnes Kharshiing had in 2009
filed a RTI application seeking information pertaining to
the jailbreak and subsequent custodial killing of undertial
Fullmoon Dhar in June 2009 who was allegedly killed in a
fake encounter.35
On 2 March 2011, RTI activist Mr Emmanuel was
allegedly threatened by the police not to file RTI queries
regarding works undertaken by an MLA in Chirala in Andhra
Pradesh. The activist alleged that the Deputy Superintendent
of Police, Chirala had threatened him to charge him with
having links with the Maoists if he continues with his RTI
activism.36
On 11 February 2011, RTI activist Venkatesh Bhovi,
who was named in a complaint filed before the Lokayukta
of Karnataka on the misuse of the RTI Act, alleged that the
charges against him were false. Mr Bhovi was reportedly
instrumental in exposing several scams in various government
agencies.37
On 6 August 2010, RTI activist Davinder Khurana (60
years), a physically challenged, was arrested in an alleged
false case in Ludhiana, Punjab. The activist was accused of
beating a ration depot owner with sticks. However, the victim
alleged he was framed in a false case for seeking information
from the Food and Civil Supplies Department regarding the
total number of beneficiaries of the depot, which resulted
in his harassment prompting him to file complaint with the
State Information Commission. Earlier on the same day
before he was arrested, State Information Commissioner P
K Verma asked the Director General of Police, Punjab for an
immediate enquiry into the allegation.38
In May 2010, Goverdhan Singh (32 years) paid a heavy
price for running a campaign against corruption in his native
district of Bikaner, Rajasthan. Mr Singh filed about 100
RTI applications which exposed corruption in banks and
government departments. But things got uncomfortable for
him when he filed RTI applications asking information about
the properties and assets of police personnel. Overnight
there were nine FIRs lodged against him. The police also
raided his house, seized his car and locked his office and his
family members were being constantly harassed. The state
government was forced to transfer the Superintendent of
Police, Bikaner following the investigation conducted by the
People’s Union for Civil Liberties.39
On 14 March 2010, five RTI activists were arrested and
detained at the Chadoora police station in Budgam, Jammu
and Kashmir allegedly on false charges of robbery, assault
etc. According to the victims, the wife of a village headman
leveled false charges of beating, stealing of gold ornaments
of Rs 30,000 etc against them on 27 February 2010.40
iv. Social ostrasization of the RTI activists
RTI activists also faced social ostracisation and fined
by the village council (panchayat) for seeking information
under the RTI Act.
On 10 August 2011, three RTI activists identified
as Nelapati Papireddy (who is blind by birth), Pachalla
Suryanarayana Reddy and Kovuru Satyanarayana Reddy
sought police protection after the village elders of
Gollalamamida in Pedapudi mandal in East Godavari district
of Andhra Pradesh imposed a social boycott on them. The
activists had exposed irregularities by officials.41
Again in August 2011, RTI activist Th Biren Singh (55
years) was ostracised by the residents allegedly influenced
by the local politicians in his own village in Manipur’s
Imphal East district. Mr Singh had filed an RTI application
enquiring about the construction of Sarva Shiksha Abhiyan
school building in an unauthorized land.42
On 4 July 2011, 17 families were ostracized by a village
council of Mawsynram village in East Khasi Hills district
of Meghalaya for seeking information under the RTI Act.
The villagers sought information from the village authorities
about the denial of food grains to them.43
On 1 February 2011, social activist Bobby Basaiawmoit
alleged that he was imposed a fine of Rs 500 by the Dorbar
(Council) of Mairangbah in Meghalaya for filing an RTI to
seek information about appointment of a PDS dealer.44 He
was allegedly summoned by the Council three times where
he was mocked at by the Council elders, abused and even
threatened to ostracize him.45
On 12 August 2010, three women identified as Fatima
Mynsong, Aquiline Songchan and Malinda Suting and their
families were ostracized by the Dorban Shnong (Village
Council) for exposing scam under the NREGA from Jongsha
village in East Khasi Hills district of Meghalaya. As per the
RTI findings, the Village Headman Karmelin Rynjah, who
was the chairperson of the NREGA project in the village
along with others forged signatures of job cards holders of
the village and kept them with him illegally and funds for the
various NREGA projects were not accounted.46
v. Lack of protection: the key issue
Lack of protection remained one of the main reasons for
increasing attacks on people seeking information.
The protection of the RTI activists has been raised in the
parliament a number of times in 2010. The Minister of State
in the Ministry of Personnel, Public Grievances and Pensions,
Shri V. Narayanasamy while replying to the Unstarred
Question No. 3456 in the Lok Sabha on 1 December
2010 stated that reports have appeared in the media about
Special Report
the victimization of people who use Right to Information
provisions. He, however, down played the situation by
stating that the Indian Penal Code (IPC) and the Code
of Criminal Procedure (CrPC) have adequate provisions
enabling the law enforcement machinery in the States to take
strict preventive and punitive action against such threats. He
further stated that the Government of India has urged the
Chief Ministers of the States and Administrators of Union
Territories to promptly inquire into such instances, if any,
and take action against the offenders
The murder of Ms. Masood is a testimony to the fact
that IPC and CrPC are not adequate. Before her death, Ms
Masood had written to the Madhya Pradesh Director-General
of Police S.K. Raut, complaining against a particular senior
police officer. In the letter, Ms. Masood had accused him
(senior police officer) of harassment and making threatening
calls to her, about which she had lodged a complaint at the
city’s Maharana Pratap Nagar Police Station in 2008. In her
letter, she had categorically stated that “I fear for my life” but
no protection was provided to her.47 A week before her death,
Ms Masood spoke to The Hindu newspaper correspondent
about her plan to file a Public Interest Litigation petition
against a private college which involved, according to her,
“a very powerful group of people, including local political
leaders”.48 Yet, no steps were taken which ultimately led to
her death.
The police often refuse to file FIRs when activists
approach them. For instance, four women RTI activists
Ibempishak Takhellambam, Memcha Sagolsem, Anita
Konjengbam and Momon Mayanglambam, members of
Manipur Chanura Leishem Marup (also known as Macha
Leima) were allegedly threatened with death by unidentified
persons in Manipur on 2 April 2011. They received the threats
following the refusal of the State Public Information Officer
of Manipur government to inform them on action taken
by local authorities of Pallel Gram Panchayat to implement
the NREGA. On 6 April 2011, complaints were filed at the
Kakching and Pallel police stations. However, officers of the
two police stations reportedly refused to register an FIR on
their case.49
Even in cases where an FIR has been registered, police
investigation has been questionable. In March 2011, the
Detection of Crime Branch (DCB), Ahmedabad probing
into the murder of RTI activist Amit Jethava, had given a
clean chit to the controversial BJP MP from Junagadh, Dinu
7
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Solanki accused of killing RTI activist Amit Jethwa. In its
affidavit submitted to the Gujarat High Court, the DCB
stated that they had interrogated Solanki on 16 September
2010 and found no evidence showing his involvement in the
same. Jethava’s father, Bhikha Jethava, alleged that the BJP
MP was behind the killing since his son had filed a PIL in
the High Court to check illegal mining in the periphery of
Gir Sanctuary, which is allegedly going on at the behest of
Dinu Solanki.50
In yet another incident, a case was registered on
27 January 2011 against Mangrol BJP MLA Bhagwan
Kargathia for allegedly attempting to kill Ram Kargathia,
the sarpanch of Madhapar village, and his father after they
sought information under the RTI Act in connection with a
mining site owned by the MLA inside forest area. Kargathia,
however, has never been arrested or questioned at the end of
June 2011.51
The Central Information Commission and its state
equivalents do not have the mandate either to protect or
provide shelter. They have been mere spectators.
On 13 July 2010, the Central Information Commission
(CIC) directed the Central Public Information Officer
(CPIO) of the Central Bureau of Investigation (CBI) to
use his own ‘sources’ and look into the alleged threatening
calls made to RTI applicant Manish Bhatnagar for seeking
information about asset details of the Director of CBI.
The Chief Information Commissioner Wajahat Habibullah
in his decision notice stated that if criminal intent is
discovered, remedial action will be taken. RTI applicant
Manish Bhatnagar had sought information about the
details of service records, property statements, details of
mobile connections and service perquisites availed by the
CBI Director Ashwani Kumar. However, no reply was
given and he approached the CIC for intervention alleging
harassment by the CBI officials. Mr Bhatnagar also stated
that he was receiving threatening calls from a mobile phone.52
After CIC issued complaint notice to the CBI, the agency
stated that the information sought was personal in nature
and cannot be disclosed. It further said the information
was sent to Bhatnagar but the dispatch was returned with
remarks that address “remain closed”. However, the CIC
in its decision notice observed “There remains a shadow
of doubt in this regard as the correspondence sent by the
Commission to the same address has indeed been responded
to by complainant.”53
Earlier, in its order dated 30 September 2008, the
Karnataka Information Commission issued instructions
to the Director General of Police (DGP) that police
personnel should not visit RTI Applicants nor ask them
to come to the Police Station unless they have asked for
inspection of documents. RTI applicant Sunil Kumar
Panchariya sought certain information with regard to a
complaint registered at High Grounds Police Station. The
petitioner stated that he was threatened by the constable
from High Grounds Police Station stating that in case he
went against local police he would face the consequences.
While giving its order, the Karnataka Information
Commission observed that “it has received several similar
complaints against police stations, wherein it has been
alleged that when an applicant files an application under
RTI Act with a police station, either the constables from
the police station repeatedly visit his house or he is
repeatedly summoned to the police station. Commission
is of the view that these practices are hindering the proper
implementation of the provisions of the Act and exercise
of the right to information by the citizens vis-à-vis police
authorities.”54
The governments even do not comply with court orders.
On 7 May 2010, the Bombay High Court, while hearing
the murder of RTI activists, Satish Shetty, ordered the State
government to immediately provide police protection to any
person or organisation that complains of threat of use of force
or has been attacked. The High Court also directed the state
government to set up provisions for speedy investigation of
cases of threats or attacks against social activists, a monitoring
system and a database of social activists, within 90 days.55
However, the cases of attacks on activists in Maharashtra
only increased.
Recommendations to the Government of India
There is an urgent need for amendment of the Right to
Information Act, 2005 to provide for protection of those
seeking information under the Act. Asian Centre for Human
Rights recommends that a separate chapter, “Protection of
those seeking information under the (RTI) Act”, be inserted
into the Act.
Asian Centre for Human Rights recommends the
following:
“(1) Any applicant seeking information under this Act
faces threats, shall have the following protection:
1. It shall be the duty of the Station House Officer to
record the complaint of any person seeking under the
Act against any kind of intimidation, coercion, threat,
bribery, inducement, violence or threats of violence,
whether given orally or in writing as First Information
Report (FIR) under relevant provisions of Indian Penal
Code and Criminal Procedure Code and place the FIR to
the concerned Assistant Commissioner of Police/Deputy
Superintendent of Police, the Concerned Information
Commission, and the concerned magistrate/judge of the
area within 24 hours.
2. The Magistrate shall issue necessary directions for
physical protection of the concerned applicant under
the Act and his/her family members and the expenses
for providing protection including security protection
shall be borne by the concerned State government.
COMMENTARY & ANALYSIS
The protection measures shall be periodically reviewed
by the concerned Judge.
3. Inquiry into such FIRs shall be conducted by a Police
Officer not below the rank of Deputy Superintendent of
Police/Assistant Commissioner of Police.
4. Investigation into such FIRs shall be completed within
90 days.
5. Trial of the accused, if offences made out after
investigation, shall be completed within six months after
the conclusion of the investigation.
6. In a prosecution for an offence under this Chapter,
concerned Public Information Officers, First Appellate
Authorities and those directly related with the information
sought under the Act shall be presumed to have abetted
the offences against the complainant applicant under the
Act unless proven contrary.” n
T
he notice issued by the Calcutta High Court to the
government of India on 24 August 2011 to file an
affidavit on the steps taken for ratification of the UN
Convention Against Torture (UNCAT) to facilitate
extradition of Kim Davy, the prime accused in Purulia arms
drop case, has exposed as to how India has been losing on
many fronts because of its appalling human rights records
including torture. On 30 June 2011, the Danish High Court
refused to allow extradition of Kim Davy on the ground
that he would risk "torture or other inhuman treatment" in
India, which has not ratified the UNCAT.
The case of Kim Davy is not an exception. In August
2011, the government of India informed a British Court,
hearing India’s application for extradition of Mohammad
Hanif Umerji Patel alias Tiger Hanif, alleged mastermind
of the 1993 Surat bomb blast that it has no objection to
allow the visit of an unnamed British human rights expert
who shall examine prison conditions where Tiger Hanif will
be detained after being extradited. India’s assertion that it
would adopt a “reciprocal” approach when the question of
extraditing any British fugitive crop up has no taker.
India has not learnt any lesson for compliance with
international human rights standards while seeking
extradition. Gangster Abu Salem, a prime suspect in the
Mumbai serial blasts of 1993 in which 257 people were
killed, was arrested by Interpol alongwith his girl friend,
actress Monica Bedi in Lisbon on 20 September 2002.
His extradition was challenged before a Portuguese Court.
Salem was extradited in February 2004 only after India
gave assurance to the Portuguese court that Salem will not
be given death sentence if extradited.
It is unlikely that any member State of the European
Union will now be able to extradite any suspect to India
in the near future without verifying as to whether offences
allegedly committed by the suspects to be extradited carry
death penalty in the light of the rejection of mercy plea
of death row convict Devender Pal Singh Bhullar by the
President of India in May 2011. Bhullar, an accused in
the attempt to assassinate then President of Indian Youth
Congress (I) Maninder Jeet Singh Bitta on 11 September
1993, was taken into custody while in transit at Frankfurt
Airport on the way to Toronto, extradited to India on 19
January 1995, tried under the Terrorist and Disruptive
Activities (Prevention) Act and convicted to death
solely based on his confessional statement without any
corroborative evidence. The German government stated
that if they knew that Bhullar would be given death penalty,
they would not have extradited him.
9
10
The risks of "torture or other inhuman treatment" as
raised by suspects to be extradited to India cannot be
brushed aside. According to the latest figures placed before
parliament, the National Human Rights Commission
registered 142 deaths in police custody and 574 cases of
torture in 2008-2009, 124 deaths in police custody and
615 cases of torture in 2009-2010 and 147 deaths in police
custody and 855 cases of torture in 2010-2011. Neither all
cases of torture and deaths in police custody are notified to
NHRC nor the statistics include torture and death in prison
custody. Asian Centre for Human Rights in its report,
“Torture in India 2008: A State of Denial” had found that on
an average at least four persons die each day in police and
prison custody.
And torturers do enjoy impunity in India. The
NHRC has reportedly recommended compensation of
Rs.73,50,000/- in 45 cases of death in police custody and
Rs.3,58,000/- in 17 cases of torture from April 2008 to
31 July 2011. However, as India’s Minister of State for
Home, Shri Jitendra Singh informed the parliament on 9
August 2011, “NHRC did not make any recommendation
for disciplinary action/ prosecution of the erring Public
servant”.
Ratification of the UNCAT which necessitates adoption
of a national law against torture has long been considered
as a step in the right direction. India abysmally failed on
that front despite national and international outrage.
India signed the UNCAT in 1997 and stated that
ratification will follow soon. A decade and half later, India
is far from ratifying the UNCAT.
On 6 May 2010, the Lok Sabha passed an extremely
shoddy Prevention of Torture Bill, 2010 with four operative
clauses as it was “considered necessary to ratify the UNCAT
and to provide for more effective implementation”.
However, at the Rajya Sabha the Government was forced
to refer the Bill to a parliamentary Select Committee. The
parliamentary Select Committee headed by Ashwani Kumar,
the current Minister of State for Parliamentary Affairs,
presented a revised the Prevention of Torture Bill, 2010
in December 2010 after calling inputs from stakeholders
and testimonies of various experts including this author.
However, the Ministry of Home Affairs has objected to the
many of the provisions recommended by the Parliamentary
Select Committee and therefore, the new Bill could not be
introduced in the parliament as yet.
When India submitted its voluntary pledges to the UN
General Assembly in December 2006 for its candidature as
a member of the UN Human Rights Council (UNHRC),
the word “torture” was missing! Not surprisingly, the
UNHRC struck back and during examination of India’s
human rights records under Universal Periodic Review
(UPR) on 8 April 2008, the first recommendation made
to India was to “expedite ratification of the Convention
against Torture”.
India indeed accepted the recommendation and
informed the UNHRC that “the ratification of the
Convention against Torture is being processed by
Government of India”.
After three years, ratification of the UNCAT could not
be processed but India was once again required to submit
voluntary pledges in February 2011 for membership to
the UNHRC. India this time reiterated that it “remains
committed to ratifying the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment”.
India is obviously treating voluntary pledges for election
to the UNHRC in the same way as India’s political parties
treat their election manifestos.
However, India’s next review under the UPR slated for
May 2012 shall be conducted based on implementation
of the recommendations made in 2008 including on the
ratification of the UNCAT. Unless India enacts an effective
Prevention of Torture Bill by then, it can only expect
condemnation.
Thousands of people have been killed, maimed and
mentally wrecked as a result of torture by the law enforcement
personnel. However, India, the largest democratic country
which sits at the high table of G-20 members and holds the
current Presidentship of the UN Security Council, refuses
to stamp out torture.
Until the Calcutta High Court issued the notice, India
was even willing to forgo extradition of Kim Davy, the
prime accused in the Purulia arms drop case in which a
Latvian aircraft dropped several hundred AK-47 rifles and
more than a million rounds of ammunition over a large
area in Purulia district of West Bengal on the night of 17
December 1995. If the Calcutta High Court directs the
Government of India to ratify the UNCAT to facilitate
extradition of Kim Davy in public interest, paradoxically,
it would be Davy’s contribution to the anti-torture law in
India, apart from dropping arms.
Report of the Parliamentary Select Committee on the Prevention
of Torture Bill, 2010
T
he Prevention of Torture Bill, 2010 was introduced in
the Lok Sabha on the 26th April, 2010 to allow India
to ratify the United Nations’ Convention against Torture
and Other Cruel, Inhuman and Degrading Treatment or
Punishment. It was passed by the Lok Sabha on the 6th May,
2010. The Bill, as passed by the Lok Sabha, was referred
to the Select Committee comprising 13 members of Rajya
Sabha on a motion adopted by the House on the 31st August,
2010 for examination of the Bill and report thereon to the
Rajya Sabha by the last day of the first week of the next
session i.e. the Winter Session, 2010.
The Select Committee was chaired by Shri Ashwani
Kumar. Other members included Dr. E.M. Sudarsana
Natchiappan, Shri Shantaram Laxman Naik, Dr. Vijaylaxmi
Sadho, Dr. Janardhan Waghmare, Shri S.S. Ahluwalia, Shri
Kalraj Mishra, Shrimati Maya Singh, Shri Naresh Gujral,
Shrimati Brinda Karat, Shri Satish Chandra Misra, Shri
Ahmad Saeed Malihabadi and Dr. Ashok S. Ganguly
The Committee held nine sittings in all including one
local visit.
The Committee in its first sitting held on the
9th September, 2010 deliberated upon the course of
action and procedure for examination of the Bill. The
Committee decided to elicit the opinion, if any, of the
State Governments in pursuance of the consultation with
the States earlier initiated by the Ministry of Home Affairs.
An overwhelming number of States and Union territories
have responded in favour of the Bill. It was also decided
that apart from opinion of concerned Ministries, the views
of eminent jurists, legal experts, reputed organizations
working for Human Rights including the National
Human Rights Commission should also be elicited. As
is the practice, the Committee decided to invite written
Memoranda from interested individuals/ organization/
institutions/NGO’s/ experts by issuing a Press Release
in the form of an advertisement in English, Hindi and
other vernacular languages in major leading national
and regional newspapers and also through Prasar Bharti.
Accordingly, media releases were published twice in
leading national and regional newspapers and was also
telecast on Doordarshan.
In its second sitting on the 16th September, 2010, the
Committee heard the Home Secretary; Secretary (West),
Ministry of External Affairs; Law Secretary and Secretary,
Legislative Department, Ministry of Law & Justice to hear
the views of their respective Ministries on the provisions of
the Bill.
In its third sitting held on the 29th September, 2010,
the Committee heard the views of the Prof. Upendra Baxi,
Prof. Yogesh Tyagi, National Human Rights Commission
and Shri Y.S. Dadwal, Commissioner of Police, Delhi and
received valuable inputs from them.
In its fourth sitting held on the 19th October, 2010, the
Committee heard the views of Shri Chaman Lal IPS (Retd),
representatives of Commonwealth Human Rights Initiative,
Ms Vrinda Grover, Advocate and Shri Suhas Chakma,
Director, Asian Centre for Human Rights.
In its fifth sitting held on the 20th October, 2010, the
Committee heard the views of Justice A.P.Shah (Retd.);
Shri Sankar Sen, IPS (Retd.); Shri P.Prashant Reddy,}
Pre-Legislative Briefing Service (PLBS) and Ms. Meenakshi
Ganguly, Director, Human Rights Watch (HRW).
In its sixth sitting held on the 27th October, 2010, the
Committee had a general discussion on the provisions of the
Prevention of Torture Bill, 2010. Members of the Committee
expressed their views and suggested changes/amendments
on the various provisions of the Bill.
In its seventh sitting held on the 8th November, 2010,
Members of the Committee expressed their views and
suggested changes/amendments in the various provisions
of the Bill. During this meeting, the Committee authorized
the Chairman to move a motion in the House seeking four
weeks’ extension for completing the work of the Committee.
The Committee also decided to visit Tihar jail to ascertain
first hand information about the conditions of persons
in custody in jail and also to obtain the views of persons
tortured in police custody.
Accordingly, a motion for extension of time was moved in
the House on the 10th December, 2010 which was approved
and the time for submission of Report was extended till the
last week of the Winter Session.
A visit to Tihar jail was undertaken on the 18th November,
11
12
2010 where the Committee interacted with the jail authorities
and also the inmates. The Committee was informed about
the facilities being made available by the jail authorities to
the prisoners and the efforts to rehabilitate and integrate
them into the mainstream. It was also informed about free
legal aid, vocational training, sports and healthcare facilities
being provided to them. The Committee also interacted with
some of the under-trials and prisoners who had faced torture
during police custody.
In its eighth sitting held on the 26th November, 2010, the
Committee completed the clause-by- clause consideration of
the Bill.
The Committee considered and adopted its draft Report
on the Bill at its sitting held on the 02nd December, 2010.
In all the Committee received 80 memoranda in the
process of examination of the Bill and heard 12 witnesses
including representatives of organizations.
The Report
“Background
The Prevention of Torture Bill, 2010 seeks to provide
punishment for torture inflicted by public servants or any
person inflicting torture with the consent or acquiescence
of any public servant, and for matters connected therewith
or incidental thereto. The proposed Bill is conceived as
an enabling legislation to ratify the “UN Convention
against Torture and Other Cruel, Inhuman and Degrading
Treatment or Punishment adopted by the United Nation’s
General assembly on the 9th December, 1975. India signed
the Convention on the 14th October, 1997, but has not been
able to ratify the Convention in the absence of an enabling
domestic legislation.
2 The Committee was informed by the representatives
of the Union Home Ministry that the relevant provisions in
the Indian Penal Code do not specifically define “torture” as
clearly as in Article 1 of the UN Convention nor has ‘torture’
been made a specific offence by name under the existing
criminal laws of the country.
3 In the circumstances, it was necessary for the
ratification of the UN Convention that the domestic laws
of our country are brought in conformity with the aforesaid
UN Convention. The Ministry of External Affairs also
submitted its written views on the subject apart from oral
deposition and supported the need for a separate legislation/
Bill. The Committee was informed that an overwhelming
majority of States who are Members of the United Nations
have ratified the Convention and that there is an expectation
in the comity of nations to ratify the same.
4 The present Bill has been proposed by Parliament
as a piece of central legislation under Article 253 of the
Constitution to give effect to international conventions/
treaties, etc.
Committee’s Observations
The Committee accordingly deliberated at length on the
various provisions of the Bill and also heard the views of a
cross section of experts and organisations including eminent
jurists, academicians, civil servants, NGOs and members of
the civil society. The Committee notes that the principles and
core objectives of the Bill are to enable India to ratify the
“United Nation Convention against Torture and Other Cruel
or Degrading Treatment or Punishment” as adopted by the
United Nations General Assembly on 9th December, 1975
in order to underscore its irrevocable commitment to the
protection and preservation of human rights as guaranteed
by the Constitution of India.
2 The Bill under consideration seeks to provide
punishment for torture inflicted by public servants or any
person inflicting torture with the consent or acquiescence of
any public servant.
3 The Committee after having gone through the
memoranda, background notes, document and evidences
tendered before it as well as also the views expressed by
its Members on the provisions of the Bill, recommends
enactment of the legislation with certain additions and
modifications in the Bill as detailed below:-
Clause 2: Definitions
The Committee feels that it is evident from a plain
reading of sub-clause (b) of clause 2 that the words “in this
Act” in first line of the sub-clause is unnecessary repetition.
The Committee, therefore, recommends that sub-clause
(b) of clause 2 may be modified accordingly.
Clause 3: Torture
As regards this Clause, the following aspects amongst
others engaged the attention of the Committee in the
context of evidence tendered and memoranda submitted for
its consideration:
a) Since the Bill restricts the act of torture with reference
to purpose thereof, the definition was considered
too narrow to advance the objective of the Bill under
consideration.
b) The Bill should not by implication exclude various
serious offences recognized under the Indian Penal
Code. c) The issue of torture of women in the context of
sexual abuse in custody and of children requires
special consideration. It is pertinent to mention that
India has ratified the United Nations Convention on
the Rights of the Child, which specifically states that
“No child shall be subjected to torture or other cruel,
inhuman or degrading treatment or punishment.”
Our Constitution affirms likewise.
d) The Committee is of the view that the attempt to
torture shall also to be provided for in the Bill as an
offence.
ii) Most of the memoranda received by the Committee
as well as majority of the witnesses who deposed before the
Committee advocated for amendment of the definition of
torture to make it more comprehensive. The Committee was
also of the opinion that if the intent of the legislation was to
give effect to the United Nation’s Convention against Torture
and Other Cruel or Degrading Treatment or Punishment,
the said Clause needed to be suitably amended.
iii) Based on the depositions and memoranda received
as also the views expressed by Members, the Committee
recommends that the definition of Torture be suitably
enlarged so as not to exclude from the ambit of definition,
acts generally known to be committed on persons in custody
which cause severe physical and mental injury, pain, trauma,
agony etc. Therefore, the definition needs to be suitably
amended. The Committee is further of the view that
definition of “torture” should not only be consistent with
the definition in the UN Convention, but should also be
enlarged to include specific and serious offences against the
human body as enumerated in the Indian Penal Code. The
Committee further observes that the proposed Bill and the
definition of Torture should be consistent with the provisions
of the UN Convention, our Constitutional jurisprudence
and the nation’s irrevocable commitment to human rights
and the basic dignity of the individual as guaranteed by our
Constitution.
iii) Further, after reviewing the representations
submitted to it for enlarging the definition of Public Servant,
as provided in the Explanation to Clause 3 of the Bill, the
Committee came to the conclusion that for the purpose
of culpability for torture, the definition of Public Servant
should not be restricted to that provided under section 21
of the Indian Penal Code but should be enlarged to include
Government companies or any institution or organization
including educational institutions under the control of the
Union and State Governments. This would help to curb the
menace of torture of children and students in educational
institutions.
iv) The Committee also decided to specifically mention
some of the obvious acts of torture by way of illustrations in
the Bill itself. This would not only help to better interpret
the provisions of the Bill but would also specifically cover
specific cases of torture in the definition clause. The examples
proposed are illustrative and not exhaustive. The Committee
therefore, recommends that clause 3 should be amended
as suggested above.
Clause 4: Punishment for torture
As is the cardinal principle of law, the Committee is
of the opinion that punishment should be commensurate
with the gravity of an offence. The Bill in its present form
does not satisfy this condition as it does not provide for
any minimum punishment for torture thus leaving scope
for lesser punishments not consistent with the gravity
of the offence of torture. The Committee, therefore,
recommends that a minimum punishment of three
years be provided to make the law more deterrent.
Similarly, in the case of fine, the minimum amount of
one lakh rupees payable by the torturer is proposed. The
Committee has generally accepted the need for a ‘victim
centric approach’ to the Bill and its recommendations are
accordingly inspired.
ii) The Bill is silent on the issue of custodial deaths.
In its present form, the Bill does not address the issue of
compensation, including interim compensation to be paid
to the victim for rehabilitation. Accordingly, there is need for
making suitable provisions in the Bill for the rehabilitation
of the victim of torture. The Committee feels that the Bill
should also indicate guidelines to be followed for arriving at
a fair and adequate compensation to the victim and in case of
death, to his dependants.
iii) The Committee was of the opinion that the State
must secure the basic human rights of the individual and
may award, in appropriate cases, compensation including
interim compensation wherever necessary to rehabilitate the
victim of torture.
The Committee, therefore, recommends that clause
13
14
4 of the Bill be redrafted accordingly to incorporate the
suggestions mentioned above.
Clause 6:
prosecution
Clause 5: Cognizance of offences
The Committee discussed Clause 6 of the Bill from
various perspectives. It was felt that since this enactment
was with particular reference to public servants, there is
need to retain the provision for prior sanction of competent
authority before proceeding against the public servant
concerned so as to insulate honest public servants from
false, frivolous, vexatious and malicious prosecution. At the
same time, the Committee felt that such a provision should
not be used to shield those officials who have, in fact,
intentionally tortured or abetted the torture of individuals.
Thus, the Committee felt that relevant provisions needed to
be suitably amended so as to provide adequate safeguards
for honest and upright officials, while at the same time
ensuring that the sanction provision was not used to deny
the victims of torture their right to justice through speedy
trial. The Committee, therefore, recommends that the Bill
be amended as proposed.
ii) The Committee based on its understanding of the
working of the criminal justice system further decided to
recommend a “Deemed” provision in the Bill under which if
the requested sanction is not granted within a period of three
months from the date of application, it would be deemed to
have been granted. This would help ensure that the right of
the victim is not lost due to procedural delays and he is not
made to run from pillar to post to get justice. The Committee
feels that sanction in blatant cases of torture should be the
norm and where sanction to prosecute is declined, the said
decision should be supported by reasons, the said decision
should also be appealable.
iii) The Committee is of the opinion that the phrase
‘during the course of his employment’, is not in keeping with
the intent of the Bill and needed to be made more specific
to allow the courts to interpret it with the legislative intent.
The Committee therefore recommends that it may
be replaced with ‘while acting or purporting to act in
discharge of his official duties’.
The Committee also recommends that every
offence under this Bill be tried as expeditiously as
possible so as to conclude the trial within a period of
one year from the date of cognizance of the offence.
iv) The Committee also notes that the fact that
torture is committed on the command and instruction of
a superior officer or is committed during a state of war,
The Committee is of the view that the Bill deals with
specific cases of torture inflicted or abetted by public
servants. This makes the Bill in a class of its own requiring
specific provisions to advance its main purpose. Thus, if the
limitation period for taking cognizance of offence was made
too liberal, transfer or superannuation of the concerned
public servant in the meanwhile, may hamper investigations
as well as eventual punishment for the offence. Also, critical
witnesses may not be available for a successful prosecution
of the accused. Thus, the need to retain the limitation period
which provides for sufficient time to the victim to recover,
report and pursue the case and also not make the case stale or
incapable of being successfully pursued. The Committee has
before it inter alia the example of the Protection of Human
Rights Act, 1993 which provides for a limitation period of
one year for filing of complaints.
Keeping in view the foregoing, the Committee
recommends that a liberal limitation period of two
years from the date on which the alleged offence was
committed for filing of the complaint, would give
sufficient time to enable the victim of torture to initiate
proceedings against the persons responsible for torture.
In order to meet exceptional situations, the Committee
further considers it necessary to vest the discretion with
the Court to entertain complaints even beyond the period
of two years so as to advance the ends of substantive
justice.
ii) The Committee is aware that indigent and
disadvantaged victims face problems in even getting their
complaints registered by the police and feels the need
to specifically provide in the Bill for registration of the
complaints according to law and if the victim is disabled for
reasons of health, financial incapacity or otherwise, he may
file a complaint through a duly authorized representative
or friend. The Committee was also concerned at the
machinery to be involved for investigating cases of torture
so as not to allow the accused to interfere with the course
of investigation. The need for an impartial, time-bound
and accountable investigation was recognized by the
Committee.
The Committee, therefore, recommends that clause 5 be
amended accordingly.
Previous
sanction
necessary
for
threat of war, or during a proclamation of emergency being
in operation should not be a defence against prosecution
for torture. The Committee, therefore, recommends
that suitable provisions to this effect may be added in
the Bill.
v) It is not uncommon that the victims, the complainants
and witnesses face intimidation and threats from accused
persons. Hence, protection of the victim, complainants and
witnesses need to be ensured. The Committee, therefore,
recommends that adequate provisions for the protection
of the victims, complainants and witnesses may be
incorporated in the Bill. Further, the Committee also
stresses the need for compulsory medical examination
of the victim at the time of being lodged in jail and a
report of such examination should be transmitted to the
concerned trial court.
The Committee further recommends that for the removal
of all doubts the Bill should specifically state that it shall be
in addition to and not in derogation of any other law for the
time being in force and that in the event of inconsistency
with any other law, its provisions shall prevail.
vi) The Committee is aware that the rules to effectuate
the provisions and objectives provided for in the Bill would
need to be framed by the appropriate Government. It will also
need to be ensured that such rules are laid before Parliament
for their scrutiny. The Committee, therefore, recommends
that provisions to this effect be incorporated in the Bill
accordingly.
Clause 1: Enacting Formula and the Title
It is the common experience that where the time of
notification has not been specified, the Government takes
their own time to notify the Act. In view of the urgency and
importance of the proposed Bill, the Committee recommends
that the period of notification be specified in the Bill itself.
The Committee, therefore, recommends that sub-clause
(3) of clause 2 should be modified to include “or on the
hundred and twentieth day of its enactment, whichever
is earlier.” n
What ails Multi-sectoral Development Plan? :
A case study of Mizoram
I
n 2008, the Government of India introduced Multisectoral Development Plan (MsDP) to address the
“development deficits” in the minority concentrated
districts of India. The Ministry of Minority Affairs selected
90 Minority Concentrated Districts (MCDs) in 20 states/
UTs which “have a substantial minority population and are
backward, with unacceptably low levels of socio-economic
or basic amenities indicators, requiring focused attention
and specific programme intervention.” Majority of the
financial assistance are provided by the Central government
to these districts to “address the ‘development deficits’ that
were either not met fully by existing schemes/programmes or
catered to by any scheme/programme of the State or Central
Government.”1
In Mizoram, two districts namely Mamit and Lawngtlai
have been selected as Minority Concentrated Districts. During
2009-2010, a total of Rs 3245.84 lakh has been approved by
the Ministry of Minority Affairs, which included Rs 3009.64
lakh as Central share and Rs 236.2 lakh as state share for
implementation of various MsDP projects. The projects
included construction of schools, health centres, Anganwadi
Centres, Indira Awas Yojana (IAY), girls’ hostels, drinking
water and sanitation, Industrial Training Institute (ITI) etc.
The Ministry of Minority Affairs has released a total of Rs
397.4 lakh to Mizoram during 2009-10.
While the Christians are minorities and the Hindus are
majority at national level, under Para 1.7 (viii) of the MsDP
guidelines, “In the minority concentration districts in the States
of Jammu and Kashmir, Meghalaya and Mizoram, where a
minority community is in majority, the schemes and programmes
should be focused on the other minorities.”
However, due to lack of oversight by the Ministry
of Minority Affairs, the Mizoram government has been
diverting the funds to the majority Christian areas thereby
depriving the minorities their right to development.
ACHR’s complaint
On 4 February 2011, ACHR filed a complaint with the
National Human Rights Commission of India seeking its
intervention against the denial of the right to education,
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the right to health and nutrition, the right to water etc to
mainly the Buddhist minorities in Mizoram by diverting
the funds meant for them to the majority Christian areas
under the MsDP. ACHR further stated that the Ministry of
Minority Affairs has no mechanism to verify the location of
the projects and it sanctioned the funds solely on good faith
which the Mizoram government betrayed.
The NHRC registered the case (No. 3/16/0/2011) and
issued notice to the Ministry of Minority Affairs. In turn,
the Minority of Minority Affairs sought responses from the
Mizoram government.
Responses of the Ministry of Minority Affairs
In its report submitted to the NHRC vide letter No.
3/16(2)/2008-PP-I dated 13 May 2011, the Ministry of
Minority Affairs reiterated that as per para 1.7 (viii) of
the guidelines for implementation of MsDP, in the state
of Mizoram where a minority community is in majority,
the schemes and programmes should focus on the other
minorities. The MoMA stated, “The focus for the minority
concentration districts of Lawngtlai and Mamit in Mizoram
would be for minority communities (Muslims, Sikhs,
Buddhists and Parsis) other than the one in majority
(Christians) in that State.”
On the basis of the responses received from the state
government of Mizoram, the Ministry directed the Mizoram
government to put “on hold” implementation of all projects
in Christian majority areas or locations where incomplete
information has been given while also directing the state
government “to go ahead with the implementation of the
projects in the locations which have highest percentage of
minority population belonging to Buddhist, Muslims, Sikhs
and Parsis”.
Responses of the state government of Mizoram
An examination of the responses submitted by the
Mizoram government makes it clear that the Mizoram
government had struggled to look for answers to the
questions posed by the Asian Centre for Human Rights
and the Ministry of Minority Affairs. The Mizoram
government submitted responses which are full of lies and
misrepresentation of facts in order to mislead the NHRC
and the Ministry of Minority Affairs. First, it had tried to
submit incomplete information. For example, the Ministry
of Minority Affairs vide letter dated 13.05.2011 stated
that the report submitted by the Mizoram government on
31.3.2011 was “incomplete” and asked the state government
of Mizoram “to provide a list of villages for each project
giving the name of the village/location where each of the
assets has been constructed/ongoing construction or site
selected against which the total percentage of population of
Buddhists, Muslims, Sikhs and Parsis should be indicated.”
The Ministry suspended all projects where incomplete
information has been provided. Second, the state
government of Mizoram highly exaggerated the population
of Muslims and mysterious “others” in order to justify the
projects in Christian areas. The officials have quoted the
population figure not as per any official records like Census
report but as per their whims and fancies. Third, Mizoram
government has shown substantial Buddhist population in
several locations where there are no Buddhists at all.
However, wherever it could not defend itself even by
taking refuge in falsehood, the state government had to
make candid admission of guilt. In its letter to the Ministry
of Minority Affairs, the Secretary to the Government of
Mizoram, Social Welfare Department, vide letter No.
A.14014/78/2010-SWD dated 8th June 2011 has submitted
a list of “Villages/Locations at Lawngtlai district where
the Desired Percentage of Minority Population are not
Attained”. This was the honest admission from the state
government of Mizoram when grilled by the Ministry
of Minority Affairs pursuant to NHRC’s notice. The list
included 12 villages selected for construction of Anganwadi
Centres, 9 villages selected for construction of additional
classrooms, girls’ hostel at Lawngtlai town, 3 villages
selected for construction of health facilities, and 10 villages
selected for Indira Awas Yojana.
The Mizoram government took the position that
“claiming of the benefits of Multi-sectoral Development
Programme Schemes by only one section of the minority
community i.e. Buddhists may not be fair and just.”2 But
this position is opposed to the very purpose of the MsDP.
The Annual Conference of State Minorities Commissions
held on 31.03.2010 at Vigyan Bhawan, New Delhi also
recommended that “Funds allocated should be utilized in
areas having minority concentration rather than utilizing the
fund for the entire district. For this purpose, identification of
concentration of Minorities at Taluka/Block/Village level in
a MCD should be taken up and funds be utilized in units
having large proportion of minority population. The Central
Government should review the flow of funds in a MCD and
make course correction to ensure that funds are utilized in
areas where there is concentration of Minorities and lack of
development.” (Recommendation No. 13)3
How the Mizoram government has been trying to divert
the funds from the Buddhist minority areas to Christian
areas is evident from the following cases.
a. Construction of educational facilities:
Construction of Girls’ hostels
The MsDP Empowered Committee in the Ministry of
Minority Affairs at its 38th Meeting approved construction
of two girls’ hostels respectively at Lawngtlai town (district
headquarter) and Kamala Nagar (headquarter of Chakma
Autonomous District Council) in Lawngtlai district. The
girls’ hostel at Lawngtlai town was approved based on the
false claim of the Mizoram government that Lawngtlai
town has “more than 30% minority population of Buddhist
community”. In its petition to the NHRC, ACHR pointed
out that there were only six Buddhist families consisting
of about 25 persons (0.13% of Lawngtlai’s population)
living in Lawngtlai town. With the possible exception
of one family which owns a small hotel, all others are
employees of either the state government of Mizoram or
Autonomous District Councils who may be transferred
any time from there.
Mizoram government’s defence was surprising. It pleaded
with the Ministry of Minority Affairs that the proposed 50beded girls’ hostel at Lawngtlai town “will also cater to
the need of accommodation of minority communities who
often visit the district headquarters for medical treatments
and other official purposes.” This is despite fact the hostel
is totally an educational project which is clearly mentioned
at the 38th Empowered Committee (EC) Meeting whose
minutes stated, “It was confirmed that these hostels would
be located in the premises of Government schools and will
be used only by school students.”
Mizoram also brought down the minority population
of Lawngtlai town including to “Buddhists, Muslims and
others population” to 15% from earlier 30% of Buddhists
alone. The Ministry of Minority Affairs sought a clarification
as to what communities constituted the “others” and kept
the project “on hold”. The Mizoram government came out
with the reply on 8 June 2011 that the term “Others” was
meant for Santals and Gorkhas but itself clarified that “on
verification it is found that the percentage of population
projected could not be acceptable because Santals are not
recognized Minority Community.”
Similarly, in Mamit district seven girls’ hostels were
approved at the 38th EC Meeting on 17 September 2010.
The girls’ hostels were supposed to have established in
“Locations with high proportion of minority population
(Buddhists)”. But the locations selected were Kawrthah,
Kanhmun, Marpara, W. Phaleng, Reiek, Zawlnuam and
Rajiv Nagar villages. Of these, only Marpara and Rajiv Nagar
have Buddhist minorities. The most surprising matter that
came into light is that although Rajiv Nagar was selected
at the 38th EC Meeting, records submitted by the Mizoram
government show that Rajiv Nagar had never been in the
original list approved by the Mizoram government. Rajiv
Nagar, a Buddhist village, was selected by the District Level
Committee only on 15 February 2011 after the NHRC
issued a notice to the government of Mizoram following a
complaint from Asian Centre for Human Rights!
Construction of Middle and primary school
buildings
At the 26th EC Meeting, 13 primary and middle school
buildings were approved in Lawngtlai district which are
supposed to be constructed “in areas having a substantial
minority population other than those in majority in the
State.” However, as per the state government of Mizoram’s
response to the Ministry of Minority Affairs, only nine villages
have 100% Buddhist minority while one village (Chamdur)
has “nil”. The Mizoram government further stated that three
villages namely Rulkual, Chikhurlui and Bungtlang ‘S’ have
20-60% Buddhists but as per the knowledge of ACHR,
these villages have no Buddhists.
In Mamit district, the two High Schools and two Primary
School buildings were selected in Christian villages where
there is not a single Buddhist. This is against the decision
taken at the 26th EC Meeting (28 January 2010) where the
representative of the Mizoram government assured that
“The villages having Brus/ Chakma who are Buddhists have
been selected.”
Construction of Additional Class Rooms
Out of 14 units of Additional Class Rooms sanctioned
in Lawngtlai district at the 26th EC Meeting, nine villages
do not qualify under MsDP as per Mizoram government’s
own admission. These villages are R. Vanhne, Chandmary-I,
Mualbu (L), Paithar, Chamdur ‘P’, Chandmary-II, Kawlchaw
‘W’, Archhuang, and Chamdur.
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Similarly in Mamit district, 23 units of Additional Class
Rooms were approved at the 26th EC Meeting on 28th January
2010 but as admitted by the Mizoram government in its
response to the Ministry’s queries, no Buddhist concentrated
village has been selected.
b. Construction of health care facilities
The Minutes of the 38th EC Meeting held on 17th
September 2010 stated in relation to construction of health
sub centres and primary health centre in Mamit district that
“The representative of State Govt. stated that land and staff
are available and the assets will be located in the areas having
highest percentage of minority population i.e. Buddhists.”
However, as per Mizoram’s own admission, out of 12 health
sub centres approved at the meeting, only one was located
at Buddhist dominated village (Silsury) while all others
including the lone Primary Health Centre were located at
Christian villages.
Similarly, 18 units of health sub-centres with attached
labour room at Lawngtlai, Bungtlangs and Chawngte
blocks in Lawngtlai district were approved at 18th Meeting
of the Empowered Committee held on 31st August 2009.
(Later, Mizoram government informed that 12 health
sub centres have been taken up under NRHM and hence
would be dropped from MsDP list). Again, construction of
casualty room - one each at Sangau Primary Health Centre
(PHC) and Chawngte Community Health Centre (CHC),
construction of one isolation ward at PHC Sangau and
extension of a Male & Female Ward at PHC Sangau were
approved at 26th EC Meeting on 28th January 2010 on the
condition that “Villages where the infrastructure would
be located have more than 40% of minority population,
other than the single minority in majority in the State.”
But responses submitted by the Mizoram government
revealed that except Chawngte CHC, the other facilities
are not located in Buddhist minority areas. Mizoram
government has also failed to provide any information
relating to 6 (six) Health Sub Centres approved at the
18th EC Meeting.
c. Construction of Anganwadi Centres
The Ministry of Minority Affairs has sanctioned a total of
71 Anganwadi Centres (AWCs) under MsDP in Lawngtlai
district. Minutes of 38th EC Meeting record that “The
district authorities assured that these will be constructed
in villages with the highest proportion of minority
population.” However, as per Mizoram government’s
own admission, 12 locations selected for AWCs have “nil”
minority population. Buddhist villages which do not have
any AWCs (e.g. Chota Guisury-II, Devasora South and
Ugalsury under Chakma Autonomous District Council)
have been excluded.
In Mamit district, out of 85 locations where AWCs have
been sanctioned, only 10 locations namely Hruiduk, Hnahva,
Lokisuri (sub village under Hnahva village council), Belkhai,
Khanthlang, Rajiv Nagar, Borosora (sub village under Rajiv
Nagar village council), Andermanik, Silsury, Marpara North
have Buddhist population.
d. Construction of IAY houses
The Ministry of Minority Affairs has sanctioned for
construction of 710 houses under Indira Awas Yojana
under MsDP in Lawngtlai district and 248 houses in Mamit
district.
The Mizoram government submitted that under
Bungtlang RD Block in Lawngtlai district three villages
namely Bungtlang S, Vathuampui and Dumzautlang have
20% Chakma Buddhists although there is not a single
Chakma family in these three villages. On the other hand,
Buddhist concentrated localities such as Lalnon Veng sub
village under Chandur Project village, and Saikhawtlir village
in Bungtlang RD block have been excluded.
Under Sangau RD Block in Lawngtlai district, the
Mizoram government has mentioned that there are 20%
to 26% minorities belonging to Gorkha and Santhals in
all the 10 villages selected for IAY houses. The Mizoram
government also mentioned “Muslims & Others” in the
remark column without any explanation. Vide letter F.
No.-3/16(2)/2008-PP-1 dated 13.05.2011, the Ministry of
Minority Affairs has questioned Mizoram’s claim of Gorkhas
and Santals as minorities and use of “Muslims & others” in
the remark columns. In response, the Mizoram government
vide letter No. A.14014/78/2010-SWD dated 8 June 2011
confessed that all the 10 villages selected for construction of
IAY under Sangau DR Block do not qualify under MsDP
schemes as these are not minority areas. The Mizoram
government also clarified that “Santhals are not recognized
Minority Community”.
The Mizoram government has failed to submit the list
of villages where the IAY scheme will be implemented in
Mamit district but stated that “Beneficiaries will be selected
from permanent wait list maintained by Project Director,
DRDA”.
e. Drinking water supply and sanitation scheme
Drinking water supply and sanitation scheme in
both Lawngtlai and Mamit districts have been selected
in Christian areas instead of Buddhist areas as per the
MsDP guidelines. The approval of the Ministry was
taken based on false assurance that minority concentrated
locations will be selected. Instead, the Mizoram government
selected Hmawngbuchhuah and Tuidangtlang villages
where there is not a single Buddhist and Chawngtelui and
Chikhurlui where Buddhist population is not more than
1 per cent. On the other hand, totally Buddhist locations
such as Kamala Nagar III and Kamala Nagar IV which
do not have water and sanitation facilities have been
excluded.
At the 41st Meeting of the Empowered Committee held
on 8th December 2010, 10 (ten) units of drinking water
supply scheme was approved in Mamit district. However,
as per government of Mizoram’s own admission, apart
from Marpara and Silsury (which are minority dominated
villages), the rest eight villages do not have a single Buddhist
minority.
Asian Centre for Human Rights submitted its comments
to the NHRC on 10 August 2011. The NHRC must ensure
respect for MsDP Guidelines. n
Follow up: A ray of hope for Adivasis of Lungsung?
NHRC must ensure compliance with the recommendations
I
n its previous edition, Asian Centre for Human
Rights highlighted “Forced Eviction of Adivasis from
Lungsung forest area in Kokrajhar district of Assam. On
30-31 October 2010, thousands of Adivasis, including
women and children, were forcefully evicted by the Forest
Department without prior notice from Lungsung forest
area under Haltugaon Forest Division in Kokrajhar district
of Assam. The Forest Department burnt down hundreds
of houses in 59 villages in Lungsung forest area during
the eviction drive and perpetrated various atrocities on
the Adivasis. In addition, several schools and places of
worship were also burnt down. About 1,200 to 1400
families comprising of over 7,000 persons were rendered
homeless. Again on 22 November 2010, the forest officials
conducted another round of eviction as some of the victims
of the earlier eviction were trying to return to their villages.
When the Adivasis protested against the eviction the forest
officials opened blank fire and dispersed the protestors. In
the process, many makeshift shelters were burnt down and
damaged. The Adivasis have been living there since 1965.
Asian Centre for Human Rights had filed a complaint
(Case No. 297/3/11/2010) with the National Human Rights
Commission of India.
Pursuant to the directions of the Commission, the
Secretary, Bodoland Territorial Council, Kokrajhar, sent the
report of the Divisional Forest Officer, Haltugaon Division,
Kokrajhar. As per the report, the encroachers do not belong
to any forest village and are not forest villagers. They are
mostly from the Relief Camps established during ethnic
violence in 1996 and 1998. The eviction notice was also
issued to all the encroachers. The report further says that the
encroachers themselves had burnt their houses to flare up the
issue and put the blame on the eviction team.
ACHR submitted its comments vide letter dated
03.05.2011. ACHR has submitted testimonies of 215
evicted Adivasi victims from 19 villages in Lungsung area
to the NHRC. All the 215 victims interviewed by ACHR
team during the fact finding visit stated that “on 30 October
2010 all of a sudden and without any prior notice, the
forest officials and police accompanied with civilians started
forcibly evicting them from the Lungsung area.” In their
statements, the victims narrated how the eviction team burnt
down/damaged their dwelling houses, properties, places of
worships and schools and their live stocks such as chickens,
goats, pigs, etc were looted and taken away.
In their statements, the victims also said that apart
from burning of huts the eviction was accompanied
by gross human rights violations. Even children were
not spared. Some children suffered burn injuries on
their bodies. ACHR has submitted a photograph of
a child who was badly burnt during the eviction to NHRC as
evidence. The child later succumbed to the burn injuries.
The victims further stated that they were not encroachers
as they have been living in the area since 1965. The forest
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exists only on paper and the areas where the eviction was
carried out presently consists of agricultural and cultivable
lands.
In its latest proceedings, NHRC notes that the
complainant has raised the following points: (i) The huts
of the tribals were burnt by the Forest Department officials.
One baby Mangal Hebram suffered burn injuries and he
succumbed to these injuries (imprint of two photographs
sent). (ii) Even illegal occupants are entitled to procedural
protection and they have right to due process, including the
opportunity of being heard. These rights were denied to
the tribals. (iii) There are no forests in Lungsung area from
where Adivasis were evicted. Forests exist only on paper. The
Adivasis have been living in these areas since the year 1965.
These are all cultivable lands. (iv) There was an element
of ‘Racism’ against the Adivasis. The Bodoland Territorial
Council had an active role for eviction of the Adivasis in this
particular case.
On a similar complaint made by Shri M. Badruddin
Ajmal, Member of Lok Sabha, a magisterial inquiry in the
matter was ordered by Deputy Commissioner, Kokrajhar.
The inquiry was conducted by Shri A.K. Brahma, Additional
Deputy Commissioner, Kokrajhar and his report dated
20.12.2010 was submitted to the NHRC. During the
inquiry, he visited the spot, examined forest officials and also
the victims. He has concluded that there was substantive
reason on the part of the Forest Department to take drastic
steps for protection of the forest resources. He has observed
as under: (i) The Forest Department has exclusive right to
protect the forest resources full of bio-diversity, flora and
founa, medicinal herbs and environment. (ii) The forest
land under encroachers at Lungsung and Laopani had been
thick jungle with heavy trees. Many valuable trees were felled
by the unscrupulous encroachers / timber smugglers within
Lungsung block. (iii) The encroachers at Lungsung and
Laopani are mostly landless and displaced person. Many of
these persons are from relief camps. Some encroachers have
their own land in established villages. They are in search
of additional land. So they have encroached the forest
land. (iv) Each encroacher has been found encroaching a
minimum of 2 bighas of forest land. (v) Each encroacher’s
dwelling hut is made of polythene roofing, fencing of
side wall with locally available material, with approximate
measurement of 7’x9’x 6.30' sq. feet temporary structure.
(vi) All the huts are scattered throughout the vast area
of the encroached land. (vii) The encroached forest land
at Lungsung was found with standing mustard crop. No
damage to the crop was seen. (viii) Felling of many trees
of approximate measurement of 7’x9' round and 15' to
22' length around the encroached area has been seen. One
person was apprehended red handed for alleged felling of
trees with a total group of 17 persons during my visit at
Lungsung. Others manged to escape. (ix) The encroachers
seems to be increasing day by day resulting in extensive
destruction of forest resources towards west and north of
Lungsung block which is still covered with heavy trees. (x)
While interacting with women found on the spot, it was
stated by those women in simplicity that their huts were
burnt by the Forest Department. So, burning of some huts,
if not all, by the Forest Department in the eviction operation
cannot be ruled out. Some wooden poles used for raising
the huts were found burnt. The encroachers are still living
in their huts with cattle, pigs and other belongings.
Shri A.K. Brahma, Additional Deputy Commissioner,
Kokrajhar also made the following recommendations : (i)
There are vast area of treeless forest land under Haltugaon
Forest Division in the southern most part of the Division.
Those lands may be proposed for de-reservation and settling
the encroachers, both Adivasis and Bodos, in cluster on
several plots of land with provision of setting up of Primary
School, Medical Sub-Centre and drinking water facility. (ii)
Micro financing, Grants in aid for small scale industries may
be extended to the able skilled and unskilled beneficiaries
for sustainable economy. Wage earner labourers may also be
provided job opportunity to work under Forest Department.
(iii) The Government of Assam may be requested to extend
schemes/grants in aid for the welfare of the encroachers.
(iv) The Forest Department should take steps to station
fixed picket of Forest Battalion or security guards in the
encroached area for strict vigil and to check further felling
of trees in future. Forest Out Post with strong guarding
along the river Laopani at Laopani river bank located at
the access forest road towards Laopani is advisable for
protection of deep forest with heavy trees at Laopani area.
One Forest I.B. may also be constructed at the location as
suggested. (v) The allegation in Para-II lodged by Hon’ble
M.P. Sri M. Badruddin Ajmal in his letter addressed to the
Hon’ble Prime Minister of India is not wholly true. No
such atrocities perpetrated by the Forest Department on the
Adivasi encroachers during eviction has been found. Further
there was no such case of killing of children. The Executive
Magistrate detailed for law and order duty has stated the
eviction operation to be peaceful and no lathicharge, no
firing were exercised. The Bodo encroachers were also
evicted from Laopani on 3rd November 2010 in the same
manner as was done at Lungsung. The pictorial evidence
proves indiscriminate destruction of forest resources with
heavy trees. The cultivation of rice, maize, mustard crop at
the cost of thick forest with heavy trees is a serious crime
and liable to be punished as per law. The MER partly
supports complainant’s allegations that huts of the tribals /
encroachers were burnt by the Department officials during
the eviction operation. It further supports the submission
of the complainant that Forests exist only on paper and
there are now agricultural fields. The encroachers have
returned to the same place from there they were evicted.
Hence, the problem remains as it was.
The NHRC in its latest proceedings stated that the
imprint of photographs sent by Asian Centre for Human
Rights clearly shows that baby Mangal Hebram suffered
burn injuries on his face and head. He is stated to have
succumbed to his burn injuries.
The NHRC directed the Chief Secretary, Government
of Assam, to inform the Commission of Action Taken on
the Magisterial Inquiry Report and further comment on the
death of baby Hebram which should be accompanied by a
copy of a postmortem report within six weeks.
It is essential that the NHRC follows up implementation
of the Magisterial Inquiry Report and compensate those
whose properties have been burnt and damaged. n
Naxal affected district development programme:
Lessons not learnt from J&K and Manipur
T
he Ministry of Home Affairs of the government of
India launched the ambitious Integrated Action Plan
to foster development of Naxal affected districts to counter
Naxalites. The plan has been designed to improve basic
infrastructure in 60 naxal hit districts of the country with
special focus on areas such as improving road, schools,
power, health facilities besides making governance effective
at village level. The Planning Commission allocated
Rs 13742 crore rupees for the plan on 25 October 2010 and
the funds will be utilized in two phases. In the first phase,
Rs. 3,300 crore has been allocated for first two years and
according to the Ministry of Home Affairs, the amount shall
be divided equally amongst 60 Naxalite affected district i.e.
Rs. 55 crore per district.1
The audit conducted by the Comptroller and Auditor
General of India for the Panchayati Raj Institutions and
Urban Local Bodies in Manipur and Rajouri district of
Jammu and Kashmir are instructive of the development
initiative in the Naxalite affected districts.
A. Implementation of projects in Rajouri
district, J&K
The lack of development is one of the major reasons
which contributed to the growth of insurgency in J&K.
Although insurgency affected districts have been receiving
significant funding from the Government of India for
various developmental projects, development has been taking
place at snail pace primarily due to lack of proper planning,
misutilization and under-utilization of the grants. The poor
implementation of developmental projects in Rajouri district,
which is affected by the insurgency, in Jammu and Kashmir
is a case in point.
The Comptroller and Auditor General of India in its latest
report, Audit Reports on (J&K) District Rajouri For the Year
2009-10, which conducted an audit of various developmental
schemes and programme implemented during 2004-2009,
has shown as to why development in insurgency hit Rajouri
district is taking place at a very slow pace despite release
of crores of rupees by the government of India. The CAG
report has exposed unplanned and tardy implementation,
infructuous expenditure on incomplete works and poor
utilzation of grants. The CAG concluded that “There are
multiplicity of programmes and schemes and even larger
number of implementing agencies, making it difficult for the
district administration to effecively monitor and supervise
the developmental activities.”
Lack of integrated district plan
The CAG report stated that there was no perspective
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plan and integrated annual plan for development of Rajouri
district. The Centrally Sponsored Schemes and State Plan
Schemes were planned and finalized by the concerned
administrative departments separately and executed by
the sectoral heads. Therefore, the gaps in developmental
schemes/programmes remained unidentified and needs of
the weaker sections of society unaddressed. The District
administration had no role in both planning and monitoring
of the schemes.
Financial mismanagement
It is surprising that the total flow of funds to the
district during 2004-2009 and expenditure incurred
was not even available with the Chief Planning Officer.
Rampant financial mismanagement was found. The CAG
revealed that,
“The funds received directly by the implementing
agencies are shown as utilized as soon as they are released
even through the bulk of such funds may not yet have been
expended. There was rush of expenditure in the closing
months of the financial year to avoid lapsing of grants which
implies imprudent management of finances.”
In essence, the funds were shown as spent but were
actually lying unutilized in bank accounts. For example,
the CAG found that against Rs 69.58 crore shown as
utilized by the Chief Education Officer under Mid Day
Meal scheme and Sarva Shiksha Abhiyan, the actual
expenditure was found to be Rs 59.52 crore during 20042009 and the balance amount of Rs 10.06 crore was lying
in the bank accounts. Further, most of the funds incurred
at the end of the financial year were on administrative
expenses indicating that less funds were available for
development works.
Education: Tardy implementation
The CAG described the implementation of education
sector programmes as “tardy”. During 2004-09, the number
of schools in the district increased but their enrolment
decreased. No signficant progress could be made in the
development of infrastructure of the education sector despite
spending Rs 22.50 crore. A significant number of schools
were found to be without kitchen sheds and drinking water
facilities.
There were irregularities in the Mid Day Meal scheme.
The CAG found that the figures communicated to the
Government of India and those maintained at the Directorate
Level did not match, indicating corrupt practices. A total of
57055.94 quintals of food grains were allotted during 200409 but only 49443.46 quintals were lifted and 46655.08
quintals consumed.
Health: deficiencies remained
The CAG report revealed that household survey had not
been conducted and facility survey was partially conducted
through a private agency. District plans had been prepared
without reports/survey data. The CAG found that despite
availability of funds under the NHRM, the implementation
had been “tardy” and “deficiencies in basic health facilities
existed at village level”. There was shortage of Medical
Officers in the Primary Health Centres and specialist doctors
in the Community Health Centres. Community participation
in planning, implementation and monitoring of the NHRM
was not ensured.
Water supply: Unplanned execution
The CAG stated that execution of some of the water supply
projects were unplanned. There was no water management
system in place. Although the number of habitations having
access to drinking water increased during 2004-09 but
“tardy/unplanned implementation of schemes had resulted
in time and cost overruns” into crores of rupees. Despite
spending Rs 125.80 crore the Public Health Engineering
Department had been able to complete only 24 schemes out
of 102 schemes and the remaining 78 schems had not been
completed as of March 2009. Unplanned execution of three
water supply schemes resulted in Rs 2.18 crore wasteful
expenditure.
Rs 110 crores spent but no new village connected by
roads
The district has a total of 375 villages out of which
151 villages had road connectivity by 2004-05. Despite an
expenditure of Rs 110.84 crore during the period 2004-2009
on the road sector, no additional village had been connected
with roads. Out of 23 rural roads taken up under PMGSY
during 2005-08, only five roads had been completed up to
fair weather level. A total of Rs 12.16 crores were wasted
as 13 road works were abandoned midway due to nonsettlement of disputes relating to land compensation and
approval of forest department.
Decline in employment generation
Employment generation under Pradhan Mantri
Employment Guarantee Programme showed shortfall
ranging between 22 and 100 percent. Achievements in
respect of Sampoorna Gramin Rojgar Yojana (SGRY), whose
primary objective is to provide wage employment and food
security to the rural poor, in respect of both physical and
financial targets registered “steep decline” from 2005-06 to
2008-09. There was no monitoring mechanism for ensuring
loan disbursement in all sponsored cases.
B. Manipur
Manipur has been the worst insurgency affected
State in North East India. The CAG’s recent “Technical
Inspection Report on Panchayati Raj institutions and
Urban Local Bodies, Manipur for the Year 2008-2009”
revealed “infructuous expenditure on incomplete works
and poor utilzation of grants and diversion of funds” in the
implementation of schemes by Panchayati Raj Institutions
and Urban Local Bodies in Manipur.
i. Sampoorna Gramin Rojgar Yojana scheme
The Sampoorna Gramin Rojgar Yojana (SGRY) scheme
was launched by the Centre to provide wage employment
and food security to the rural poor through creation of
community, social and economic assets.
Excess payment
The CAG detected various irregularities in the
management of fund and implementation of the SGRY
scheme in 16 Panchayati Raj Institution (PRIs) of Manipur.
The report revealed excess payment of Rs 4 lakh due to
nonadjustment of value of food grain to wages under SGRY
in Bishnupur Zilla Parishad. The food grain of Rs 4 lakhs
was given free of cost to the beneficiaries in addition to the
full payment of wages in cash. This was in violation of the
SGRY guidelines that food grain should be given as part of
the wages.
Engagement of contractors/agency
The SGRY guidelines say that “the programme will be
implemented departmentally and no middleman or any
other intermediate agency should be employed for execution
of work.”
However, the CAG report disclosed that the guidelines
have been violated in three Zilla Parishads (ZPs) namely
Imphal East, Imphal West, and Bishnupur. In all these
ZPs, none of the works under the SGRY programme was
executed departmentally. Bishnupur ZP issued work order
under SGRY amounting to Rs 30,000 in July 2005 for
construction of public latrine at Saiton Bazar in the name of
Secretaries of Beneficiaries. Further, an amount of Rs 22,500
was paid in advance as 75 per cent of estimated cost of the
said work. In Bishnupur ZP, an amount of Rs 7.42 lakh was
drawn in July 2004 and paid in advance to the contractors as
75 per cent advance payment of the cost of works amounting
to Rs 10.40 lakh for implementation of SGRY for the year
2004-05.
No wage employment to SC/ST families
The report revealed that providing of wage employment
to the SC/ST families was very poor due to improper selection
of beneficiaries in contravention to scheme guidelines in
Bishnupur Zilla Parishad. No beneficiaries under SC/ST
were provided wage employment in spite of an order issued
by District Rural Development Agency of Bishnupur in
November 2005 for inclusion of 10 per cent SC/ST share
under a SGRY work programme sanctioned Rs 6 lakh for
the year 2005-06.
Unspent balances
The CAG report detected payment ranging from 50
to 75 per cent of the work value which was made as work
advance to the Beneficiaries Secretaries in Imphal West Zilla
Parishad. While in many cases, remaining amounts for the
works taken up were not paid due to want of necessary
documents resulting in unspent balances accumulating to Rs
1.26 lakh up to the end of October 2006. As a result, the
balance fund of SGRY scheme had to be merged with the
National Rural Employment Guarantee Scheme fund which
came into force from 2008-09 in the four valley districts of
Manipur where PRIs were functioning. All the PRIs test
audited were not aware of dovetailing the remaining fund
with the new scheme fund.
Misutilisation of fund
It was noticed that an amount of Rs 37,881 being 2 per
cent contingency charges deducted from the 2nd installment
of SGRY fund was used on purchase of petrol and telephone
bills in violation of SGRY guidelines in Imphal East ZP.
Travelling Allowances @ Rs 25,000 per head were paid to
Adhyaksha and Up-Adhyaksha of Imphal East ZP as advance
in September 2004 from SGRY fund to attend training at
Hyderabad.
Further, as per the SGRY guidelines, the interest
amount accrued on the deposits of each streams shall be
treated as additional resources for that stream and should be
utilized as per scheme guidelines. The Thoubal ZP accrued
Rs 51,089 as interest on deposit of SGRY fund during
2003-06. However, no record on utilization of the interest
accrued could be produced by the said ZP to audit.
23
24
ii. Swarna Jayanti Sahari Rojgar Yojana
Various irregularities were detected in the management
of fund and implementation of the Swarna Jayanti Sahari
Rojgar Yojana (SJSRY) from 2003-2006. The scheme seeks
to provide gainful employment to the urban unemployed or
underemployed poor by setting up self employment ventures
or making provision of wage employment.
Engagement of contractors/agencies
The CAG report revealed that execution of works under
the SJSRY scheme was not done departmentally in 16 Urban
Local Bodies (ULBs). In December 2005, Moirang Municipal
Council (MMC), issued work orders for Rs3.38 lakh to
contractors. Similarly, several work orders for singling and
improvement of leiraks/lanes in all 27 Wards of the Imphal
Municipal Council (IMC) and 18 work orders for similar
works in all 28 Wards of the Thoubal Municipal Council
were issued between October 2005 and December 2003 to
contractors. Further, it was revealed that by issuing work orders,
contractors/agents were engaged for the execution of works
and cash drawn irregularly from Urban Wage Employment
Programme grants were paid as advance payment to the
contractor/agents before execution of the work.
Diversion of SJSRY fund
In violation of scheme guidelines, audit of the records in
four ULBs revealed that grants released for implementation
of SJSRY were diverted to other purposes.
IMC diverted SJSRY grants of Rs 13.98 lakh and
Rs 11.00 lakh in March 2003 and August 2005 respectively
for payment of staff salaries. Bishnupur Municipal Council
incurred Rs 4.27 lakh in December 2005 for purchase
of a tractor from UWEP grant of Rs 5.43 lakh. Nambol
Municipal Council diverted Rs 38,000 from USEP grant
for payment of advance pay to its staff in June 2004.
A total amount of Rs 1.73 lakh of SJSRY grant was diverted
for payment of pay of staff in April 2008 by Kakching
Municipal Council.
Excess payments to wage beneficiaries
The CAG report revealed payment of excess amount
of Rs 1.07.1akh as wages to beneficiaries by the Samurou
Nagar Panchayat in December 2005 while implementing
UWEP for Rs 7 lakh.
Non production of records
The municipal councils failed to submit records for
audit. Nambol Municipal Council could not produce work
records relating to the implementation of UWEP for which
expenditure of Rs 7.50 lakh was incurred in December
2005. Kakching Municipal Council also could not produce
records for expenditure of Rs 2.58 lakh from SJSRY grant of
Rs 16.08 lakh sanctioned in December 2005.
iii. National Slum Development Programme
The National Slum Development Programme
(NSDP), aimed at providing basic amenities to slum,
could not be implemented properly. The CAG report
found various irregularities in management of fund and
implementation of work programmes in 16 ULB units for
the period 2003-06.
Diversion of NSDP fund
In December 2002, an amount of Rs 32.81 lakh was
released to IMC for implementation of NSDP scheme.
However, Rs 65 lakh was diverted for payment of staff
salaries in February 2003 and Rs 3.24 lakh was diverted to
construction of CDS community centre in October 2004 in
violation of scheme guidelines.
Unused balanced
In January 2003, Manipur Urban Development
Agency (MUDA) released an amount of Rs 12.45 lakh
to the IMC for electrification under NSDP. However an
amount of Rs 5.20 lakh was found unutilised even after
closure of financial year 2004-05. Records of the utilization
of the balance in the subsequent years also could not be
produced by IMC.
Selection of beneficiaries outside the BPL list
Under the NSDP scheme, beneficiaries are to be
selected from BPL families. However, the CAG report
revealed that beneficiaries were not selected from the
BPL list in the implementation of the NSDP scheme in
16 ULBs. This was due to non maintenance of proper
BPL register or otherwise.
C. Lessons for the Naxal affected districts
The Naxalites made inroads into those areas where the
edifice of the state structure did not exist and the Government
of India failed to provide basic services under the Tribal SubPlans and other development initiatives.
The implementation of the Integrated Action Plan in
the areas where the State governments have little or no
access remains challenging. Unless the Government of India
introduces effective monitoring mechanisms, the projects will
be implemented only on paper. The Adivasis however might
be blamed for not taking advantages of the development
packages which never reach them! n
States Round Up
Andhra Pradesh
I. Highlights: The Telangana
imbroglio
D
uring
January-June
2011,
Andhra Pradesh, ruled by the
Congress (I), continued to remain
in limelight since release of Report
of the Committee for Consultions
on the Situation of Andhra Pradesh
(CCOSAP) headed by Justice B.N.
Srikrishna. The CCOSAP constituted
to “examine the situation in the State
of Andhra Pradesh with reference to the
demand for a separate State of Telangana
as well as the demand for maintaining the
present status of a United Andhra Pradesh
……. seek a range of solutions that would
resolve the present difficult situation and
promote the welfare of all sections of the
people, to identify the optimal solutions
for this purpose and to recommend a
plan of action and a road map ……….
and to make any other suggestions or
recommendations that the Committee
may deem appropriate” held series of
meetings with all stakeholders and
examined in detail the issues pertaining
to current demand for a separate state
of Telangana as well as the demand
for maintaining the present status of
keeping the state united.1
However, instead of giving a clear
recommendation either for creation
of a separate state of Telangana or
keeping Andhra Pradesh unified, the
Committee gave six recommendations
which aggravated the prevalent
confusion and controversy. The
CCOSAP submitted the Chapter
eight titled ‘Law & Order and Internal
Security Dimensions’ and the rest of
the report to the Central Government
separately and the government did not
disclose the contents of Chapter eight
while making rest of the report public.
Hearing a petition seeking disclosure
of Chapter eight of the report on 23
March 2011, the Andhra Pradesh High
Court directed the Central government
to disclose it.2
Acting on the directives of a local
court, the police registered a case
under sections 153 A (promoting
enmity between two communities),
418 (cheating), 504 and 505
(causing intentional insult resulting
in disruption of public order) of the
India Penal Code against members of
the Justice Srikrishna Committee on
20 May 2011. The directions of the
XIV Additional Chief Metropolitan
Magistrate’s court in Hyderabad came
in a complaint filed by Vali-ur-Rahman,
a lawyer and the General Secretary
of the ‘Telangana People’s Forum
who alleged the committee members
exceeded its terms of reference and hurt
religious sentiments.3
II. Violations of civil and
political rights
During
January-March
2011,
ACHR documented numerous cases
of human rights violations including
right to life. The victims included
– Shafi, a vernacular newspaper
journalist who was beaten up by police
at Anantapur district collectorate on
27 January 20114; some villagers of
Koduparthi under Thimajipet police
station in Mahabubnagar district who
were arbitrarily arrested, detained
and allegedly stripped of their clothes
during detention on 9 February 20115;
Sirapu Yerraiah (36 years) of Sirapuvani
Peta and J Nageswara Rao (35 years)
of Akashalakkavaram who were killed
and 25 others who were injured in
firing by police at Kakarapalli in
Srikakulam district 28 February 20116;
and Emmanuel, RTI activist from
Chirala in Prakasham district, who was
threatened and harassed by Chirala
Deputy Superintendent of Police for
filing RTI applications pertaining to
works undertaken by a Member of
Legislative Assembly in March 2011;7
scores of health workers, including
elderly women, who were cane
charged by circle inspector of police
T. Trinadh at Vizianagram on 7 April
20118; noted writer and film director
Vijayendra Prasad who was beaten up
by deputy commissioner of police J.
Satyanarayana and inspector Sharath
at Central Crime Station and robbed
of three lakhs cash and two cheques
of Rs.30 lakh each on 16 April 20119;
and two juveniles in conflict with the
law who were illegally detained and
chained at Hanamkonda police station
in Warangal district around mid-June
201110.
Investigation continued in the
murder of Central Committee member
of the CPI (Maoist) Cherukuri
Rajkumar alias Azad and freelance
journalist Hemchandra Pandey who
were allegedly killed by the police on
2 July 2010. Following directions from
the Supreme Court the Central Bureau
of Investigation (CBI) registered a
criminal case under Sections 120-B and
302 (criminal conspiracy and murder)
of the Indian Penal Code against the
circle inspector of Asifabad; subinspector of Thandur; reserve SI, AR
25
26
States Round Up
headquarters, Bellampally; Civil and
AR Special Party police officers and
others, said a release by Hyderabad
zonal head and CBI Joint Director V.V.
Lakshmi Narayana on 19 May 2011.
The directions from the Supreme Court
came in petitions from social activist
Swami Agnivesh and Hemchandra
Pandey’s wife Bineeta Pandey who
alleged that Azad and Pandey were
taken into custody in Nagpur and shot
dead in Adilabad district of Andhra
Pradesh.11
III. Andhra Pradesh State
Human Rights Commission
On 25 January 2011, a division
bench comprising Chief Justice Nisar
Ahmad Kakru and Justice Vilas V.
Afzulpurkar of the Andhra Pradesh
High Court issued notices to the state
government on a petition seeking a
direction to declare that the inaction
of the state government in not
appointing a regular chairperson to the
Andhra Pradesh State Human Rights
Commission (SHRC) is illegal. The
petition filed by the Junior Advocates
Association of Telangana (JAAT)
stated that the SHRC had only two
members after retirement of the
chairperson Justice Subhashan Reddy.
P. Peri Reddy whom the government
nominated as the acting chairperson of
the commission since September 2010,
is a non-judicial member.12
IV. Violations of the rights of
indigenous peoples
It is highly welcome that Andhra
Pradesh has undertaken a number of
measures for uplift of conditions of
the tribals. These include launch of a
scheme for development of 25 lakh acres
of barren land belonging to Scheduled
Castes (SC) and Scheduled Tribes (ST)
at an estimated cost of Rs. 12,000 crores
in five years13 and empowering of the
tribals living in Chunchupalli village
in Mangapet mandal and Ramnagar
village in Eturunagaram mandal by
helping them form two labour society
and granting them a temporary permit
to mine sand from the dry bed of
Godavari.14 The programme turned
out as a boon to the tribals with 90
members of the society each earning
Rs. 40,000 and each family getting
about Rs. 1 lakh both profit and wage
earned put together annually.15
However, the opposition political
parties accused the Andhra Pradesh
government of failing to solve various
problems of Scheduled Castes and
Scheduled Tribes.16 Tribals continued
to be alienated from their land and
resources by non-tribals in violation of
the Land Transfer Regulation Act (LTR
Act). More than 60 acres of tribal lands
at Kuravada village of Nathavaram
mandal in Vishakapatnam district has
been registered in the name of some
non-tribals allegedly in violation of
the LTR Act. Despite the fact that
Kuravada, Buradapale Agraharam,
Chammachinta,
Dharmavaram
Agraharam, Kalavodda Sarabhavaram,
Krishnapuram
Agraharam,
Pottinagangadorapalem, and Saragudu
are Tribal Sub-plan villages, Nathavaram
Mandal Revenue Officer recommended
for transfer of tribal lands to nontribals.17 In Khammam district the
Adivasi Sankshema Parishad, a tribal
organisation accused the Integrated
Tribal Development Agency officials
of failing to implement the LTR Act in
letter and spirit.18 In March 2011, all 32
families living at Vadamamidi village in
G.K. Veedhi mandal in Visakha Agency
in Vishakapatnam district left their
village for fear of trouble from Maoists
as well as the police after the Galikonda
area committee of the Maoist pasted
posters at Kumkumpudi village on 4
March 2011 urging the Girijan men
and women to support the party’s
struggle. The villagers were living
there since 1948 and were cultivating
80 acres of coffee plantations on their
own and crops like paddy on 32 acres.19
Ministers were also responsible for
alienation of tribal lands in violation
of the LTR Act. Andhra Pradesh R&B
Minister Dharmana Prasada Rao’s
family was reportedly granted mining
lease at Kannedhara mining area in
Srikakulam district. The tribal farmers
held him responsible for granting
the mining lease to the family of the
Minister on the Kannedhara Hills.20
Members of the Scheduled Tribes
face repression under the forest laws.
Only the intervention of Andhra
Pradesh High Court set free two tribals
viz, Bhukya Veera Bhadram and Ramlal
of Khammam district. The authorities
put them into jails since December
2010 under preventive detention on
false charges of land grabbing and
forest offences.21
V. Violations of the rights of
the Dalits
In Andhra Pradesh, Dalits face
discrimination
in
allocation
of
development funds meant for them.
As huge as Rs 25604 crore funds were
allegedly cut by the state government
during the last 19 years. These included
Rs 1000 crores from the budgets of
the Andhra Pradesh Schedule Caste
Corporation; Rs Rs.3,000 crores
from the budgets of Social Welfare
Department and the rest from the
budgets of Scheduled Caste sub-plan
amounts.22 Out of Rs 40,000 crore
required to be spent on Scheduled Caste
Sub-Plan (SCSP) since 1992-93, about
Rs. 18,000 crore was either not spent or
diverted and the diversion was highest
since 2007 when mechanisms were set
up to monitor proper implementation
of the plan.23 Over 50 per cent of
Dalit habitations in Andhra Pradesh
continue to be deprived of approach
roads, water supply and streetlights
while 80 per cent of them were lacking
cemeteries to bury the dead.24
Dalits also face untouchability. The
body of a Dalit farmer Potla Ganganna
(65 years) at Basampalli village in
Anantpur district who died on 30
December 2010 could not be cremated
for two days because the upper castes
refused to allow him to be cremated in
the village. Finally, the dead body was
buried on government land outside the
village as it was too decomposed to be
cremated.25In April 2011, upper caste
people imposed social boycott of Dalit
families in Siripuram village in Hatnoor
mandal of Medak district.26
The Dalit farmers are also victims of
forcible acquisition of their agricultural
land by the state. As many as 40 acres
of fertile land were forcibly taken away
by the Andhra Pradesh Industrial
Infrastructure Corporation (APIIC)
on the bank of Swarnamukhi river, in
Jyotsulavari Kandriga village in Ozili
mandal in Nellore district on the pretext
of establishing a cement brick unit.27
VI. Violation of rights of
women
In April 2011, the Andhra Pradesh
government has reserved half of
the seats for women in the Gram
Panchayats, Mandal Parishads and Zilla
Parishads through amendment of rules
in the Andhra Panchayat Raj Rules,
2006.28
However, past and existing
deplorable situation of women in the
state hardly evokes any optimism for
empowerment of the women. Women
continue to face violence outside as well
as at their homes. As many as 17,532
cases of atrocities and violence against
women were recorded on an average
in the State including abduction, rape,
murder, dowry deaths and insults.29
Some of the victims included a tribal
teacher L. Sundaramma who was
hacked to death on the school premises
in R. Dumbriguda under Araku mandal
in Vishakapatnam district by one
Subba Rao for rejecting his proposal to
marry him on 21 April 201130; an 18year-old student who was raped by a
private driver, Kola Venkatesham, near
a church in Narayanguda in Hyderabad
on 17 April 201131
Women increasingly face violence at
homes. In Vijaywada city, complaints
of domestic violence increased by
25 per cent from 2009 to 2010. The
State Women and Child Development
received 530 petitions in 2010 and 445
petitions in 2009.32
VII. Violations of the rights of
the child
Children faced increasing violations
of their rights.
Andhra Pradesh is a source for
trafficking of girls and is reportedly
the second highest State in the country
after West Bengal for trafficking girls
to other States to be pushed into flesh
trade. Anti-trafficking activist Sunitha
Krishnan alleged that supplier rackets
in which some non-governmental
organisations and orphanages along
States Round Up
with a few influential people were
involved lure girls in villages on
the pretext of providing lucrative
opportunities and sell them to brothels
in Delhi, Mumbai and Goa for hefty
prices.33 In March 2011, police rescued
nine children from a gang of kidnappers
in Hyderabad who sold the children
for anything between Rs.50,000 and 1
lakh to childless couples in Nizamabad
and Karimnagar districts.34
In spite of a Supreme Court
ruling, schools in Andhra Pradesh
continue to subject students to
corporal punishment35. The victimized
children included – about 100 minor
students who were lined up in a row
and beaten up with a cane stick by the
Principal Rama Sastry of Vivekananda
Residential School in Karimnagar on 26
January 201136; a Class seventh student
who was beaten up by principal of a
Chaitanyapuri school in Hyderabad for
writing the name of Telangana Rashtra
Samity president K. Chandrasekhar
Rao on 9 February 201137; and a
Class II student of a primary school
at Yanambailu in Palvancha mandal in
Khammam district who beaten up a
teacher for failing to give answer to a
question on 11 March 2011.38
Child labour is rampant. The labour
department claimed to have rescued
and freed hundreds of child laboures
including more than 40 children in
the age group of 8 to 12 years, at
Lakkavanipeta hamlet in Rajavommagi
mandal of East Godavari district in
February 201139 and 40 children
under the age of 14 found working
near Kadapa market yard, Machupalle
bus stand, Ghousenagar and Chinna
Chowk in Kadapa on 29 June 201140.
However, the labour department
officials flouted the rules and often
27
28
States Round Up
left the rescued child labourers at the
places of the accused employers. Child
rights organizations claim that over 90
per cent of the children rescued by the
department either ends up with the
same employer or a different employer
in less than a month’s time. They
claim that most children are not given
counselling or even offered a place to
stay after rescue.41
VIII. Condition of the
prisoners
Andhra Pradesh released 305 life
convicts, including 11 women, on the
eve of Republic Day on 26 January
2011 on remission of sentence. The
freed prisoners included 72 from
Anantapur open air jail; 51 Charlapalli
open air jail; 49 from Rajahmundry;
28 from Warangal Central Prison;
24 from Charlapally prison; 23 from
Kadapa; 18 from Visakhapatnam; 17
from Nellore, nine from Hyderabad
special jail (women); eight from
Khammam sub-jail; two each from
Nizamabad district jail, Rajahmundry
women’s jail and Hyderabad Central
Prison.42 Yet, undertrial constituted
majority of the prisoners in Andhra
Pradesh jails as they continue to
suffer in jails for years without trial.
A recent report submitted by State
Human Rights Commission to the
National Human Rights Commission
on prison reforms, revealed that of the
2,269 prisoners lodged in 11 district
jails across the state, 1,947, that is
about 85 per cent were undertrial
prisoners.43
IX. Status of the Economic
Social and Cultural Rights
Status of the right to work:
NREGS
Status of implementatation of the
National Rural Employment Guarantee
Scheme (NREGS) in Andhra Pradesh
remains dismal. Once considered to
be one of the best performing states
in the country with respect to the
NREGS, Andhra Pradesh has slid
down below the national average in
the implementation of schemes under
the NREGS. According to a Planning
Commission report, the percentage of
utilisation of total available funds for
NREGS in the state during 2010-11
was 52.31 per cent, which was lower
than the national average of 54.43 per
cent. The number of completed jobs
against number of works being taken
up under NREGS was far below its
previous track record. As on 24 March
11, total works completed were only
6,338 against the total works taken up
of 4,64,528 during 2010-11, which
was a meagre 1.36 per cent.44
NREGS
implementation
was
marred with reports of embezzlement
and misuse of funds by employees
responsible for implementation. Four
rounds of social audit conducted in
1,097 development blocks across
the state found that an amount of
Rs.99.87 crores of NREGS funds were
lost in fraud and only Rs. 21.76 crores
was recovered so far. According to the
report, 16,688 staffs were involved in
the fraud and only 3,111 were dismissed
and 561 were suspended. The state
initiated criminal proceedings against
229 employees.45 Earlier in April 2011,
as many as 50 employees including
additional project officers, technical
assistants, computer operators, field
assistants, assistant engineers and
others were removed from service
on charges of anomalies and notices
slapped on 1,448 persons for recovery
of misused funds in Prakasam district.
During inspections, NREGS chief
vigilance officer Ms J. Sudharani found
that Rs. 2.55 crore were siphoned off
in the district.46
The reports of embezzlement of
huge funds forced the Cabinet SubCommittee on NREGS to recommend
the State Government to enact a
special law to check irregularities in
implementation of the scheme. The
Cabinet Sub-Committee on NREGS
recommendation also included setting
up of special courts for fast trial of
those involved in the misuse of NREGS
funds.47
Status of the right to health
During 2010, the Andhra Pradesh
Government claimed to have undertaken
a slew of measures to contain the high
maternal and infant mortality rates in
the state. In February 2011, the state
health department started identifying
beneficiaries under a Central scheme
‘Indira Gandhi Mathru Saha Yojana’
which was to be implemented from
1 April 2011. The scheme aimed at
bringing down the maternal and infant
mortality rate provides a pregnant
woman from the BPL category family
financial assistance worth Rs 4,000
to undergo immunisation and regular
health check-up. Under the scheme
the identified beneficiaries are to be
enrolled in the nearby Anganwadi
Centre for providing and monitoring
of services regularly as per schedule.48
However, claims of the state health
department sits very uneasily with the
appalling situations at ground. Health
and medical services in Andhra Pradesh
are in shambles. In the largest state-run
tertiary care centre, Gandhi Hospital,
as many as 10 to 15 babies die every
month in the womb of their mothers
because fatal delay in performing
deliveries due to lack of infrastructure
for operation. The gynaecology
department suffers an acute shortage
of infrastructure as well as staff. The
hospital which is currently equipped
to handle only 10 deliveries a day is
stretching services to perform over 40
deliveries a day. Of these, around 10
are caeserian deliveries which require
urgent attention. But there is only
one operation table for performing
caeserian deliveries. According to
doctors at least one caesarean delivery
is dangerously delayed in the hospital
on any given day.49
Shortage of medical officers and
lack of infrastructure in primary health
centres (PHCs) impedes the effective
and adequate delivery of health and
medical services in remote areas of most
districts. In Khammam district, some
25 post of medical officer in the PHCs
all over the district have remained
vacant for a long period. The situation
was particularly worse in Tribal SubPlan areas as majority of medical
officers working in PHCs situated in
tribal Sub-Plan mandals in the district
reportedly opted for posting in other
districts.50 In March 2011, as many as
nine students of the Andhra Pradesh
Social Welfare Residential School
in Dammapeta mandal reportedly
contracted jaundice and typhoid due
to alleged water contamination at the
institution.51
Status of the Right to
Education
Quality of schooling in government
schools remains miserably poor in
Andhra Pradesh. The state has an
alarmingly high dropout rate of 46.21
per cent at school-level in government
schools. Out of every 100 students who
were admitted to Class I during 200001, only 54 reached class X in the last
academic year in 2010-11. The dropout
rate in Class V is 45 per cent; it rises to
56 per cent by Class VIII and to 63
per cent by Class X. The dropout rate is
higher in the case of students belonging
to Scheduled Tribes (ST) at a whopping
72.66 per cent and Scheduled Castes
(SC) at 49.68 per cent, primarily due
to poverty, which forces them to work
at a very early age. More girls drop
out of school among STs — 73.77 per
cent — as opposed to 71.61 per cent
in the case of boys while it is 49.68
per cent among SC boys against 49.67
per cent among SC girls. Five districts
in the state viz, Mahbubnagar district
has the highest drop out rate of 59.97
per cent, followed by Kurnool district
with 57.44 per cent, followed by
Medak district wit 56.87, followed by
Prakasam district with 55.65 per cent
and followed by Guntur district with
53.07 per cent between the academic
years 2000-01 and 2010-11.52
The
pathetic
condition
of
government schools in the state is said
to be the prime reason for the huge
dropout rates. Students in government
schools, who constitute 88 lakh of the
total 1.49 crore students in the state,
face a lack of basic facilities like toilets,
drinking water, power supply, benches,
tables, blackboards and even chalk
pieces. Besides, about 10,000 school
buildings are in such a dilapidated
condition that they are a threat to the
lives of students during the monsoon
while nearly half of all government
schools have a shortage of classrooms,
30 per cent of them are run in just
one or two rooms, and 50 per cent of
States Round Up
the schools have just four classrooms.
Fifty three per cent of the schools have
no compound walls and 20 per cent
don’t have drinking water, while 44
per cent of schools have no toilets and
60 per cent have no separate toilets
for girls. Also, 60 per cent of schools
have no laboratories and 68 per cent
have no kitchens in which to cook the
mandatory mid-day meals. There are no
toilets for girls in 50,000 government
primary, upper-primary and high
schools in the state affecting 40 lakh
girls. Despite spending Rs.1000 crores
every year under the Sarva Shiksha
Abhiyan, the government failed to
provide separate toilets for girls and
other basic facilities.53
Worst is the conditions of the
alternative schools in the tribal areas.
According to a survey by the United
Forum for the Right to Information
Campaign (UFRTI) and the Andhra
Pradesh Vyvasaya Vrithidarula Union
conducted in in April 2011 in 61 villages
under seven Gram Panchayats in G.
Madugula mandal in Visakha Agency in
Vishakapatnam, teachers, officials and
the local politicians usurped as much as
13 tonnes of rice meant for the midday meal of the children, money for
preparing the food and the honorarium
for teachers of the alternative schools
meant for the tribal children. More than
one fourth of the children on the rolls
are bogus; one fourth of the schools
have not functioned for even one day
during the last two years while some
have not functioned since last August;
the Mandal Resource Persons have not
inspected the schools.54
Farmer Suicides
During
January-March
2011,
farmers’ suicides continued in Andhra
29
30
States Round Up
Pradesh, albeit intermittently. The cases
included suicide of V Veeru (35 years),
a tribal farmer of Mangya Tanda under
Bommanapalli gram panchayat limits
in Tekulapalli mandal in Khammam
district19 January 201155 and suicide
by G. Poshetti (35 years), a cotton
farmer of Edbid in Mudhole mandal in
Adilabad on 11 March 2011.56
P. Shanker Rao, Handlooms Minister
confirmed that 700 weavers committed
suicide from 1997 till 15 March 2011
in the state. Most victims belonged to
Sircilla area of Karimnagar district and
the main reason for the suicides was
abject poverty faced by their families
caused by lack of gainful employment
and heavy burden of loans.57
as their parents refused to take them
back immediately and wanted them to
spend few more days in detention.2
Similarly, in the last week of May
2011, another three minors, aged
15-16 years, (names withheld) were
picked up by police on the charge
of theft at Roing. The minors were
detained at the police station and a
first information report No.43/11 U/S
379 IPC was registered against them.
The victims were taken into custody
and detained at the police station in
violation of the Juvenile Justice Act.
Later, the minors were released on
bail.3
What is more worrying is the
failure to the state government to
constitute adequate Juvenile Justice
Boards (JJBs) and Child Welfare
Committees (CWCs), juvenile homes,
among others, as required under the
JJA. As per information available at the
website of the Social Welfare, Women
and Child Development Department,
JJBs and CWCs were constituted only
in 8 districts and there is only one
Juvenile Delinquents Home in East
Siang District with the total capacity
of 20 inmates.
There was an increase in crime
by juveniles in the state. However, as
stated above, there is only one Juvenile
Home in the state with the capacity
of just 20 inmates, which is far from
adequate. There are 16 districts in the
state. In the absence of juvenile homes,
the juveniles had to be detained at
police stations or jails.
Arunachal Pradesh
I. Highlight: State becoming
child unfriendly
A
runachal Pradesh is increasingly
becoming child unfriendly. In
June 2011, the 3-member enquiry
committee constituted by Arunachal
Pradesh State Commission for Women
(APSCW) to investigate the Daporijo
MMS case found an Assistant SubInspector (ASI) and a Head Constable
guilty of forcing two minors to
perform sexual act at the Daporijo
police station and filming the act
with ulterior motive. The Committee
recommended the government to
provide Rs.5 Lakh each to both the
victims.1
The Daporijo police station MMS
case exposed the scant respect for the
Juvenile Justice (Care and Protection
of Children) Act (JJA), 2000 by the
state’s law enforcement personnel.
The utter disregard for the provisions
of the JJA was also manifested by the
following two recent cases.
In early May 2011, three minors
were brought to a police station on
the charge of alleged theft at Roing
town in Lower Dibang Valley district.
One of the minors was an orphan. The
minors were detained in the lock-up
of the police station. The Officer-inCharge of the police station reportedly
claimed that the minors were detained
political rights
The security personnel continued
to be responsible for human rights
violations in the state.
In a blatant disregard to religious
sentiment, on 15 April 2011, five
persons including four Buddhist
monks were severely beaten up by
two personnel of Central Reserve
Police Force (CRPF) at the Khampti
Buddhist temple at Innao village under
Diyun police station in Changlang
district. The accused personnel
identified as Mrijen Kolita and Dilip
Kakoti of F Company 186th BN of
the CRPF in an inebriated condition
entered the Bhuddhist temple at
about 5.30 pm and severely beaten
up the victims with their service
belts. The four Buddhist monks were
identified as Bhikku Agasarah, his
assistants (Chowsang) Dhama Shiha
Wanitah, Pingya Jotah and Chow
Chali Longchat. The other victim
was identified as C K Namchoom, a
Village Chief. The accused also used
abusive language against the Buddhist
monks and urinated inside the temple
premises, which is a sacred place of the
Buddhists.4
III. Violations of the ESCRs
i. Right to health
Access to quality health services of
the population still remained a problem
in the entire state. The situation is
worst particularly in the remote and
inaccessible areas. Majority of the
health care facilities lacks essential
infrastructure like buildings, trained
manpower, equipment and life saving
drugs, etc.
On 9 April 2011, Health Minister
Tanga Byaling admitted acute shortage
of manpower in the health department,
resulting in poor delivery of service
causing hardships to the people.
The Minister stated that all existing
health institutions could not be made
functional due to severe shortage of
manpower.5
ii. Right to Education
The State Government over
the years has given high priority to
education sector. In March 2010, the
Arunachal Pradesh Educaiton Bill was
passed in the State Assembly with the
aim to improve the ailing education
sector of the state. The literacy rate
of the State has increased to 66.95
percent according to the 2011
provisional census figure. The literacy
rate was 54.74 per cent in the 2001
census.6
However, the situation remained
the same due to lack of proper
infrastructural facilities like school
building, hostels, teachers’ quarters,
adequate number of teachers etc.
and incidence of school drop-out
particularly in the primary and middle
levels, etc.
For instance, the condition
of Tanihapa Government Middle
School near Sagalee town in Papum
Pare district failed to improve. The
infrastructure of the school, established
in 1986, never improved. The school
continued to be running with bamboo
walls and without cement flooring as
on 10 January 2011.7
In addition, there were allegations
of embezzlement of school funds
under Sarva Shiksha Abhiyan (SSA).
In January 2011, a first investigation
report (FIR) was filed alleging
embezzlement of over Rs 30 lakhs
by flaunting SSA norms and forging
signatures in Pipu and Gyawe
Purang circles in the East Kameng
district. The officials had reportedly
misappropriated the money meant
for construction and upgradation
of school and hostel buildings.
The works were shown as completed
on paper, but no work was executed
on the ground. The FIR claimed that
bills were prepared without issuing
work orders and the sanctioned
amount was withdrawn by producing
forged signatures.8
iii. Failure to uplift the condition
of erstwhile bonded labourers
On 22 March 2011, then Chief
Minister Dorjee Khandu announced
constitution of a committee involving
officers from Social Welfare, Rural
Development, Labour and Personnel
for improving the conditons of the
Puroik community in the state. The
Puroiks commonly known as Sullungs
were declared as bonded labourers.
More than 3500 Purioks were
identified as bonded labourers in the
state. The population of the Puroik
community is around 10,735, spread
in East Kameng, West Kameng, Papum
States Round Up
Pare, Kurung Kumey, Lower Subansiri
and Upper Subansiri districts of the
state. The Centre had given grant
for rehabilitation of the Puroiks.
However, the conditions of the Puroik
community did not improve.9
The state government apathy
with regard to the rehabilitation is
reflected in the reports submitted
to the National Human Rights
Commission
and
Ministry
of
Labour. According to the report
submitted by the state government
to Ministry of Labour, 3526 bonded
labourers were identified/released
and 2992 were rehabilitated up to 31
March 2004.10
In its submission to the National
Human Rights Commission in respect
of progress made towards eradication
of the bonded labour system, the state
government informed the Commission
that 373 out of 2992 freed bonded
labourers were rehabilitated in January
2002 by paying rehabilitation grant
to the tune of Rs. 70.84 lakhs @
Rs. 19,000/- per person. In March
2002, 2588 bonded labourers out
of 2,619 bonded labourers were
rehabilitated and 31 bonded labourers
had since died. The report also stated
that Rs. 491.75 lakhs was spent out
of a total grant of Rs.497.64 lakhs
provided by the Central Government.
While the balance amount of Rs.5.89
lakhs could not be utilized due to
death of 31 bonded labourers.11 There
was no mention of 534 identified
bonded labourers whether they were
rehabilitated or not, especially as the
state government could not spend over
Rs. 5.89 lakhs. It is clear that the State
government of Arunachal Pradesh has
failed to effective measures to eradicate
bonded labour. n
31
States Round Up
32
Assam
I. Highlight: Mismanagement
of funds
I
n Assam, ruled by the Indian
National Congress, allegations of
corruption and graft continued to be in
the centre stage during January-March
2011. There were consistent reports of
misappropriation of public money by
the ministers. In a report on “Internal
Controls and Risk Management”, the
Comptroller and Auditor General
(CAG) of India stated that the excess
amount of Rs 2,361 crore drawn by
the State Government between 2002
and 2010 might have been misused
or misappropriated because it is yet to
be regularized through approval of the
State Legislature.1
The CAG report stated “The
audit findings relating to various
departments of the State Government
revealed weak financial discipline,
owing not only to the absence of
internal controls mechanism, but also
due to inability of the management
to effectively implement the controls
already in place as prescribed in laws,
rules, regulations, codes, manuals, etc.”
The report further stated, “Absence of
effective internal audit coupled with
lack of supervision and monitoring
to oversee that the obligations
of internal controls were being
discharged effectively by executing
officers aggravated the risk of failure
of the systems. As is evidenced by
the audit analysis, bypassing the
internal control obligations resulted in
misappropriation, defalcation, loss of
government funds, fictitious/wasteful
expenditure, and extra, avoidable and
unproductive expenditure.”2
The state government allegedly is
apparently shielding the guilty, who are
allegedly ministers. In order to prevent
the Central Investigation Bureau (CBI)
from reaching to the root of the scam
the state government did authorize the
CBI to probe the fund released by the
state government to the North Cachar
Hill district. Even the accountantgeneral was not given access to the
records of the state government to
trail the fund sanctioned by the state
government to the district council.3
The CAG on State Finance Analysis for
the financial year ended 31 March 2010
stated that the state government failed
to initiate any departmental proceeding
and criminal investigation in all 366
cases of theft and misappropriation/
loss of materials.4
The CAG report also revealed
that the Assam Government had
not submitted utilization certificates
in 17,025 against utilization of Rs
7,015.11 crore pending as of March
2010 and 4,997 cases involving an
amount of Rs 986.29 crore which were
pending for more than five years.5
There were also reports of wasteful
expenditure. The CAG detected that
the Health Department incurred
wasteful expenditure of Rs 83.37 lakh
by procuring insecticide-treated bed
nets having shorter shelf life even when
long lasting nets were available at the
same price and such bed nets worth
Rs 1.87 crore were supplied to the
hospitals at a time when its shelf life of
only 10 months has already expired.6
Assam government also failed to
reap the benefits of the Non-Lapsable
Central Pool of Resources (NLCPR).
Since the launch of the NLCPR in the
northeastern States in 1998-99, an
amount of Rs 1591.54 crore had been
released for the implementation of
various projects in Assam till December
2010. As per State government records
81.4 per cent of the amount of Rs
1591.54 crore released by the Ministry
of Development of North Eastern
Region (DoNER) from NLCPR to the
State had been utilized, but the physical
achievement of the projects was stated
to be only 54 per cent. The gap in
spending and physical achievement
of the projects only suggests that the
money has either been wastefully spent
or misappropriated.7
political rights
During January-June 2011, ACHR
documented a number of cases of
violations of civil and poliitca rights.
These included - disappearance of
Subrastan Narzary alias N Sudrai (24),
a suspected NDFB (anti-talk faction)
cadre after his arrest by 15th Dogra
Regiment Army based at Jharbari
in Kokrajhar on 19 February 20118;
abetment of suicide of Anjan Baruah
(34) of Tengapani under Borpathar
police station in Golaghat district, who
was forced to commit suicide due to
regular harassment by police on 26
February 20119; alleged tortured to
death of Jun Gogoi of Dighalia Village
under Dibrugarh district in the custody
of Tingkhong Police station on 2
March 201110; arbitrary detention and
harasshment of Bodo students, who
came to Guwahati to pursue higher
education by police on suspicion of
being cadres of National Democratic
Front of Bodoland (NDFB)11; Pankaj
Deka (22), a student of Burhi Nagar
College who died in firing by police at
Dalongghat village under Mangaldai
police station in Darrang district on
12 April 201112; and three civilians,
including nine-year-old Rubul Ali, who
died in firing by police on protesters
in front of state secretariat at Dispur,
Guwahati on 22 June 201113.
Proceedings in the mass extrajudicial executions of persons close
to the United Liberation Front of
Asom (ULFA) continued before the
Supreme Court. On 7 January 2011,
the Supreme Court declined the Assam
government’s plea for reduction in the
amount of compensation to be paid to
those killed by security forces.14 Earlier,
Justice K.N. Saikia Commission of
inquiry had awarded Rs.500,000 each
to family members of as many as 180
civilians allegedly killed by security
forces during 1998-2001.15 On 2 May
2011, the Jorhat district and sessions
court sentenced seven policemen,
including two retired officers, to
different prison terms, ranging from
five years to two years in a case of
custodial death of a youth, Sariful
Hussain, at Mariani town in Jorhat
district on 26 August 1994.16
III. Abuses by the AOGs
Armed
Opposition
Groups
(AOG) indulged in violations of
the international humanitarian law,
including killings. The victims includedMohan Engti, a local Congress leader
who was abducted and shot dead in
Bokajan subdivision of Karbi Anglong
district allegedly by Karbi People’s
Liberation Tiger on 27 January
201117; Bosco Chermaco, president of
the All Adivasi Student Association of
Assam (AASAA) who was shot dead
by unidentified gunmen at Gossaigaon
in Kokrajhar district on 22 February
201118; Dr Satyajeet Dutta who was
attacked by five KLNLF insurgents
at his chamber at Bakaliaghat Primary
Health Center in Karbi Anglong district
on 11 June 201119; Karbi Anglong
Autonomous District Council Member
Naren Killing who was gunned down
at his residence at Balipathar village in
Bokajan by Karbi People’s Liberation
Tiger on 8 June 201120
The AOG members were also
responsible for abduction of civilians.
The victims included - six World
Wildlife Fund (WWF) field workers,
including three girls, who were
kidnapped by unidentified armed
group from Laopani under Chirang
forest division in Kokrajhar district
by unidentified armed cadres at 4 pm
on 6 February 201121; Zakir Hussain
(25) of Gollacherra village in AssamMizoram border who was abducted by
AOGs allegedly belonging to Reang
tribe on 20 April 201122; a minor
boy Bikash Puniya (13) of Nazirating
village under Digboi Police station of
Tinsukia district who was kidnapped
by the ULFA on 5 June 20112323 .
Minor kidnapped by ULFA yet
to be traced, The Sentinel, 8 June
2011 and Murtaj Ali (24), son of
ONGC official posted at Sivasagar,
who was kidnapped in Jorhat allegedly
by militants for ransom on 13 June
201124.
indigenous peoples
Tribal people continued to be
neglected. Assam Tribal Sangha
(AATS), an umbrella body of different
States Round Up
tribal organizations in Assam charged
the Tarun Gogoi led Congress
government repeatedly violating the
reservation policy for tribals. The AATS
alleged that despite giving assurances,
the Assam state government did
not reserve any seat for tribals in the
appointment of 15,643 school teachers
on contractual basis in 201125 and failed
to fill up the vacancies reserved for the
tribals in 54 departments of the state
government for several years.26 The
tribals also continue to be deprived of
development because of failure of the
state government to implement the
Scheduled Tribes and Other Traditional
Forest Dwellers (Recognition of Forest
Rights) Act. In April 2011, Rajendra
Kumar Reang, secretary of the Tribal
Sangh, a conglomerate of tribal
organizations, claimed that due to the
non implementation of the Act, around
35,000 tribals inhabiting 120 forest
villages are still neglected in respect of
their development.27
women
Crime against women continues
to rise. According to statistics of cases
provided by the government to the
state Assembly in response to questions
by the opposition members, atrocities
and cruelty against women were on
the rise since the Tarun Gogoi-led state
government assumed power in 2001.
Figures supplied by the government
revealed that the number of cases
registered under the head “cruelty
against women” in the state rose
steadily from 1,307 in 2001 to 5,247
in 2010 while the total number of cases
registered under the head “atrocitiesagainst women” rose from 160 in
2001 to 452 in 2010.28 On 13 April
33
34
States Round Up
2011, Bokakhat Member of Legislative
Assembly (MLA) Jiten Gogoi allegedly
assaulted one Joua Kachari at her
residence in Numaligarh in Golaghat
district.29
Elderly people, mostly women
continued to be killed on suspicion
of practicing black magic in Assam.
Several people have been killed
on the charge of being witches in
Kokrajhar district, including Sarat
Bindu Hajowari (65 years) and his
wife Tapasi Hajowari (60 years) at
their house in Habruwari village under
Serfanguri police station on 1 Januaary
201130; Purni Basumatary (57 years)
and Modani Boro (55) of Belguri
Guabari under Serfanguri police
station were killed on 15 April 201131;
Bifula Narzary (49 years) of Bosabil
village under Gossaigaon police station
on 16 April 201132; Sarala Brahma (52
years) of Samtaibari village on 17 April
201133; a couple viz. Suresh Narzary
and Laogi Narzary of Hatigarh village
under Kachugaon police station on 19
April 201134; Biron Narzary (32 years)
village No. 1 Onthai Gwlao under
Kokrajhar police station on 19 April
201135. The victims in other districts
included - Budhuram Mura and his
wife Birachi Mura of Pathalibam Tea
Estate in Moran under Dibrugarh
district were tortured by fellow tea
garden workers in early March 201136;
Jogen Boro (60 years) and his wife
Akhari Boro (45 years) at Handangiri
under Mazbat police station in
Udalguri district on 7 May 201137;
Sani Ram Boro (70 years), Hagram
Boro (65 years) and Suren Ramchiary
(60 years) Thaikarakuchi village under
Tihu police station in Nalbari district
were killed by a group of villagers on 2
June 2011.38
VI. Status of ESCRs
Health and medical facilities
continues to be poor in Assam. The
implementation of the National Rural
Health Mission (NHRM) remains
problematic. The fourth Common
Review Mission (CRM) report
2010 of NRHM released on 27
February 2011 revealed that despite
free supply of the same drugs under
the scheme, patients were asked to
purchase drugs from the pharmacy in
Assam.39 Infant mortality rate remain
alarming. As many as 99,283 infants
in the age group of 0-1year have died
in various parts of the State because
of malnutrition, inadequate medical
treatment, etc. since 2005-06. Of
the 99,283 infant deaths, 85,112
have been recorded in Hailakandi
district alone.40 High rate of maternal
mortality is yet another concern in
Assam. During 2010-11, a total of
7,73,659 women were registered
under the Janani Suraksha Yojna (JSY)
while the number of institutional
deliveries were 4,01,841 and the
number of maternal deaths during
the year was 1,367 maternal deaths.
The number of maternal deaths was
846 during 2009-2010 while it was
931 during 2008-09; 782 during
2007-08; 491 during 2006-07; and
473 during 2005-06.41
Delivery of health services are sure
to deteriorate further with the proposed
wounding up the services of as many
as 7.27 lakh ASHA workers in Assam
by 2012.42 There were allegations of
discrimination against them. They
have been demanding to be treated at
par with other NRHM employees.43
Though appointed in 2006, the
Accredited Social Health Activists
(ASHA) were yet to get proper
appointment letters and not recognized
as regular NRHM employees at the
end of January 2011.44
Status of the right to education
School education is in shambles.
According to Annual Status of
Education Report 2010 of NGO,
Pratham, 5.0% children in the age
group of six to 14 years are out of
school while only 75.5% children of
class I-II can read letters; only 77.1%
children of class III-V can recognize
numbers 1 to 9; only 59.2% children
of class III-V can read class I text book
and only 46.5% children of class III-V
can do subtraction. On compliance of
norms under the Right to Education
(RTE) Act, the report revealed that
out of the 519 school surveyed only
35.2% schools complied with the
pupil teacher ratio requirement while
67.7%schools complied with teacher
classroom ratio; only 57.3% schools
have Office/ Store/ Office Cum Store;
only 61.5% schools have playground
and only 19.3% schools have
boundary wall; only 60.9% schools
have drinking water provision; only
34.9% schools have usable toilets
and only 14% schools have toilets
for girls.45
Majority of lower primary schools
in Assam were facing acute shortage of
teachers and requisite infrastructure.46
Out of total 33,236 lower primary
schools in Assam 7,470 such schools
have been functioning with a
single teacher47 whereas in order to
maintain the teacher-student ratio
as provided under the RTE, at least
36,125 new teachers were required
to be appointed.48 During the past
ten years, the Assam State Education
Department has received a staggering
amount of Rs 3,183.92 crore but
conditions of 30,054 elementary
schools continues to be appalling.
A total of 28,375 (nearly 95 per
cent) lower primary (LP) schools
and 4,310 (over 70 per cent) upper
primary (UP) schools in Assam are
functioning without any electricity
connection. Similarly 18,424 (60 per
cent) Lower Primary and 2,063 (over
30 per cent) upper primary schools do
not have separate toilet facilities for
girls while 10,113 (30 percent) lower
primary and 1,486 (25 per cent)
upper primary school are without
toilet for boys. A total of 3,302 LP
schools and 630 UP schools do
not have any drinking water facilities
in place.49
According to a report “DMU
Report on Multi-Sectoral Devlopment
Programme for MCD”, the target
for Assam under the MsDP for 1
April 2010-31March 2011 was to
construct 77,190 Indira Awas Yojana
(IAY) houses, but the State could
construct only 20,291 houses while
work was in progress in 3235 house.52
Construction of homes for the slum
dwellers in Fatasil Ambari in Guwahati
under the Jawaharlal Nehru National
Urban Renewal Mission (JNNURM)
continued to be delayed inordinately
as only 352 out of 1,104 flats housing
complex that started at Fatasil Ambari
in May 2009.53
Status of the right to adequate
housing
Implementation of the National
Rural
Employment
Guarantee
Scheme (NREGS) was marred with
irregularities and misappropriation
of funds by implementing officials.
Among the eight north eastern states,
Assam with 30 complaints topped
the list of complaints received by
the Ministry of Rural Development
during the fiscal year 1 April 2010-31
March 201154.
About Rs 8.5 crore NREGS fund
was allegedly siphoned off in Socheng
Block by55 Congress-led Karbi Anglong
Autonomous Council during the
financial year 2008-09. Panchayat
representatives of various Panchayats
under Rangia Sub-Division in Kamrup
(Rural) district demanded a high level
probe by the State Government into
misuse/misappropriation of crores
of NREGS funds. They alleged that
concerned officials at the Rangia Block
Development Office misappropriated
the funds meant for the NREGS job card
holders in various Gaon Panchayats.56
Assam miserably failed to realise
the right to adequate housing.
Implementation of the Indira Awas
Yojana (IAY), a flagship program of
the Government of India to provide
house to rural poor, is marred with
irregularities. On 5 January 2011,
Dibrugarh district Chief Executive
Officer suspended Secretary of
Gorudhoria
Gaon
Panchayat
Khagen Handique for allotting
houses illegally to ten undeserving
beneficiaries under the IAY during
2008-09 and 2009-10.50 Cases of
using sub-standard materials in
construction of IAY houses and
inordinate delay in allotment were
also common. The contractors in
connivance with the project officers
allegedly misappropriated a large
amount of money by using sub
standard
construction
materials
against the one prescribed under the
scheme.51
Status of the right to work:
NREGA
States Round Up
On 5 January 2011, hundreds of
NREGS job card holders locked-up
the Dharmasala Gaon Panchayat office
under Gauripur Development Block
in Dhubri district alleging deprivation
of wages.57 In March 2011, about 200
NREGS workers staged a road blockade
at Kakotibari Tiniali in Mahmora
in Sivsagar district protesting nonpayment of their daily wages for over
two months.58
Status of the Right to Food
It is has been proved that the
controversial Mukhya Mantri Anna
Suraksha Yojana (MMASY) launched
by Tarun Gogoi led Assam state
government ahead of the Assam
Assembly elections was simply
election centric. Since April this
year, the 20 lakh beneficiaries could
not get the entitled quantity of rice
as the State finance department
headed by Chief Minister himself
failed to sanction Rs.17 crores to
the civil supplies department to
lift rice from the godowns of the
Food Corporation of India (FCI)59.
Public Distribution System (PDS)
continues to be marred by graft.
80 per cent ration card holders of
different categories did not receive
rice during March and April this
year wheareas the entire quota of rice
for the whole subdivision has been
lifted from the godowns of FCI.
According to Grahak Suraksha Samiti
(GSS), an organization of consumers
of Cachar district, 9409.16 quintals
and and 8598.78 quintals of rice
under APL, BPL and Anna Yojana
respectively for March and April
for the entire Lakhipur subdivision
was lifted from the FCI godown but
clandestinely sold off in the open
market at huge profit.60 n
35
36
States Round Up
Bihar
I. Highlight: New policy to
acquire land
T
he state government of Bihar
has been facing stiff resistance
from farmers while acquiring land
for industries. Some projects have
been stalled due to non-availability
of land including power project of
Jas Infrastructure Capital Limited
in Banka district, power project of
Subash Project and Marketing Limited
in Lakshisarai district, power project
of IL & FS at Motipur, Muzaffarpur
district, and power project of Adhunik
Power and Natural Resources Limited
in Bhagalpur district.1 On 15 January
2011, farmers’ agitation against
land acquisition for setting up 3300
MW power plant at Nabinagar in
Aurangabad district turned violent
and the protestors torched an empty
passenger train near Ankhora village.
The police fired tear gas shells to
disperse the agitating farmers.2
In order to facilitate the investors
to directly contact the land owners and
buy the lands, the Bihar government
has come up with a scheme called
“Come to Bihar”. The scheme proposes
to create a database of people who are
willing to sell their land and at what
rate. This information will be shared
with the potential investors to facilitate
them to buy the land directly from the
intending sellers of land.3
II. Violation of civil and
political rights
documented cases of violations of the
civil and political rights in Bihar. These
included the murder of a national-level
kabaddi player, Manisha Thakur (22)
by an inebriated CRPF jawan viz.
Yashwant Singh in Patna on 9 February
20114; killing of six Maoists in an allege
fake encounter at Manjidih village in
Banka district on 26 February 20115;
tortured to death of Awadhesh Yadav
(41 years), a milk seller, of Bangalwa
panchayat in the custody of Dharhara
police station6; custodial death of Satish
Kumar (22), a physically challenged
youth from Gewal Bigha locality under
civil lines police station in Gaya district
on 21 April 20117; and deaths of four
persons, including a woman and a child,
in a clash with policemen at Forbesganj
in Araria district on 3 June 2010.8
Security remains a concern in Bihar
jails. Some notorious criminals lodged
at Beur Central Jail in Patna attacked
assistant jailor Ashok Kumar Singh in
early January 2011.9 On 10 February
2011, hardened criminals beat to death
one Babloo Mishra, an undertrial
prisoner, for refusing to provide
liquor to them inside Nawada jail in
Nalanda district.10 On 29 May 2011,
Budhdeo Singh, the doctor posted at
the Gopalganj district jail, was beaten
to death allegedly because he refused to
declare some inmates sick which would
have prevented their transfer to the
high security Buxar prison.11
During
January-June
2011,
Maoists indulged in rampant violations
of the international humanitarian law.
They terrorized and killed innocent
civilians. The cases included killing
of Sabdar Ali (32) and injuring
of villager Inamul Ansari (25) at
Ramdih village in Jhajha block in
Jamui district on 17 January 201112;
gunning down of Sheo Chandra
Singh, a former mukhiya and a farmer,
at his courtyard in Champaran village
in East Champaran district on 26
January 201113; kidnapping the driver
and his helper near Jagodih village
under Amour police station in Rohtas
district on 5 March 201114; Bhim
Thakur, a villager, who was shot dead
by armed Maoists at Dayaldih village
in Jamui district on 18 April 201115;
Vibhishan Tiwari, Jaidurak Tiwari,
Dhiraj Tiwari and Rajgrih Mishra of
Pararya village under Chutiya police
station in Rohtas district who were
kidnapped by armed Maoists from
their homes on 13 May 201116; eight
Bihar government officials on election
duty, seven of whom were abducted
and one killed as Maoists targeted
their vehicle with a landmine blast in
Jamui district on the final phase of
panchayat elections in Bihar on 15
May 201117; two railway employees
viz., Leverman Suresh Ram and
Dhanraj Paswan who were abducted
by the Maoists from the Chakant
railway halt in Gaya district on 21 May
201118; Javed Ansari (32), a villager
from Nimatand village in Jamui
district who was killed in captivity by
armed Maoists on 13 June 2011.19
The Maoists were also responsible
for destruction of public properties
and infrastructure. The cases includedblowing up a state-run school building
at Khajurahi village under Banke Bazar
police station and a control room of a
mobile tower at two different places in
Gaya district with explosive blast by
Maoists on 15 March 201120; triggering
a dynamite blast in a school building
at Tetrain village under Deo police
station in Aurangabad district on 24
March 201121; burning of equipment
of Bharat Sanchar Nigam Limited
and demolition of telephone towers of
Reliance Company by armed Maoists
at Dayaldih village in Jamui district on
18 April 201122; blowing up the sevenroom government school building at
Parchha village under Chutia police
station in Rohtas district on 31 May
201123; and torching a portion of a
railway station and blowing up six
mobile phone towers in Gaya district
on 16 June 201124.
indigenous peoples
Bihar is one of the worst performing
states in terms of implementation
of the Forest Rights Act which has
resulted in denial of land and forest
rights to the tribals. According to
the latest information available with
the Ministry of Tribal Affairs, only
22 land titles were distributed out of
2,311 claims received by the Bihar
government under the Forest Rights
Act as of 30 June 2011. Bihar also
failed to provide information regarding
extent of forest land for which titles
were distributed.25 Tribals living in
and around Valmiki Tiger Reserve in
West Champaran district are up in
arms against the reserve officials, who
have denied their legal access to the
forests. They held the forest officials
guilty of not implementing the law.
Tribals claimed that the forest area
stretching 910sqm is the only source
of their livelihood and have threatened
to break into the restricted area.
Thousand of tribals use the sabaye
grass for making ropes, which is a fulltime occupation of the forest dwellers
of Rajpur Sohariya and Chowparan.26
the Dalits
Discrimination
against
the
Dalits continued unabated in Bihar.
In a Dalit Bal Sansad (Dalit Kids
Parliament) organized in May 2011,
Dalit children recounted horrific tales
of discrimination at the hands of upper
castes.27
On 14 April 2011, the birthday
of Babasahed Bhim Rao Ambedkar,
upper caste marauders beat up Dalit
villagers and burnt their house assets
and damaged the statue of Ambedkar
at Harchanda village in Darbhanga
district. Strangely, police implicated
the victims in false cases allegedly at
the instance of Inspector General,
Darbhanga Zone.28
VI. Violations of the rights of
women
The rights of the women continued
to be violated. On 4 March 2011, two
Home Guards personnel allegedly
raped a woman at Patkhauli police
station in Bagaha district. The victim
was reportedly brought to the police
station from Kushinagar district of
neighboring Uttar Pradesh.29 On 14
April 2011, a teenage girl was gang
raped by an autorickshaw driver and
his four friends in Patna.30
Women also faced domestic
violence. On 25 April 2011, Jyoti
Devi (22 years), a house wife was
allegedly strangled to death by her inlaws at Line Bazar area under Sahayak
Khazaanchihaat police station in
Purnea, as her father could not meet
the demands for dowry.31
States Round Up
the child
The rights of the child were
violated. On 4 April 2011, a minor
girl was allegedly gang raped by five
persons near Adalatganj area under
Kotwali police station in Patna.32
Bihar continues to remain a source
as well as destination for human
trafficking. According to NGO “Sakhi”
most of the victims are minor girls who
leave home in search of jobs but they
fall victim to pimps and traffickers who
sell them off in red-light districts and
brothels. It stated that around 10,000
women and children, aged between
eight and 35, are trafficked from Bihar
annually and are sold for anything
between Rs 500 and Rs 2 lakh other
states or in Gulf countries. Another
NGO, Action Against Trafficking
and Sexual Exploitation of Children
estimated that around 2000 girls works
as sex workers in around 200 massage
parlours in Patna.33
VIII. Status of the ESCRs
On 7 April 2011, Bihar government
has launched a New Generation Health
Guarantee Scheme aiming to make
available health cards to 3.40 crore
children in the State. Chief Minister
Nitish Kumar who chaired a meeting of
Bihar State Health Mission expressed
satisfaction over performance under
the health projects of Stage-I which
began in 2006 and decided to launch
health stage-II.34 On 24 May 2011,
the State Government decided to
extend the benefits of the Rashtriya
Swasthya Bima Yojana (RSBY) even
during their treatment in government
hospitals. Over 60 lakh below poverty
line (BPL) families are being covered
37
38
States Round Up
by the scheme under which the BPL
families are given smart cards using
which a family can get free treatment
for up to Rs 30,000 in a year. The
card holders were entitled to take free
services of those private hospitals and
nursing homes, which are registered in
the scheme.35
However, this sit uneasily with the
fact Bihar accounts for 12 per cent of
India’s neonatal deaths as more than
11 neonates die every hour in the
state. More than 1 million newborns in
Bihar have low weight (2.5kg) during
birth and they have high chances of
death within first 28 days of birth.36
The administration of health and
medical services continued to poor
and scant. The District Health Action
Plan (DHAP) 2010-11 prepared
by National Rural Health Mission
(NRHM), Bihar, stated that lack of
specialist doctors, apathy towards work
amongst grassroots health workers and
inadequate number of auxiliary mid
wives (ANMs) have resulted in poor
healthcare scenario in Patna district.37
A two-member NHRM team from
Central Health Ministry has found
several anomalies in implementation
of health schemes initiated in the
government hospitals, particularly at
the primary health centres (PHCs).
The NRHM team took strong note of
the shortage of doctors and nurses in
the PHCs and lack of accommodation
and infrastructure.38
The pace of progress in school
education slowed down in Bihar.
Condition of schools in the state is
turning poorer as most schools lack
infrastructure. A primary school in
Bhagalpur with nearly 200 below
poverty level (BPL) primary students
functioned under a makeshift thatched
temple in the absence of a school
building. The school that has been
running for almost 50 years yet does
not have its own building.39 Another
example is the Prathmik Vidyalaya,
Indrapuri in the state capital Patna. The
school that started off as an ambitious
project under the Sarva Shiksha
Abhiyan 11 years ago is yet to get a
permanent location and building.40
On the contrary, police and security
forces occupied the school premises,
particularly in Maoist-affected areas
thereby forcing the school either to
remain shut or hold classes in makeshift
structures.41
Most schools in Bihar do not
have qualified teachers. The state
government has so far appointed about
2.5 lakh teachers in over 51,000 primary
schools in the state. A total of 8,884
teachers (over eight per cent) failed the
competency test, a test generally set for
below Class V students, conducted by
the State human Resource department
while the department has decided to
remove 174 teachers from service for
failing twice to qualify.42
Status of the right to food
A recent survey by the Supreme
Court appointed Commission in the
“Right to Food case” has revealed
that 55 per cent of Bihar’s population
is malnourished and 70 per cent of
women and children are anaemic due
to low intake of food apparently due
to poverty. The survey stated that Bihar
has attained 8-10 per cent growth rate
due to development in tertiary sector,
but 55 per cent of its people were
suffering from malnourishment and
70 per cent of women and children
are anaemic due to low intake of food
and other supplements.43 The apathy
of the authorities is easy to understand.
In the name of serving nutritious food
to the children of the state’s droughthit districts, the state social welfare
department has sanctioned 3 kg chura
(beaten rice) and 450 gm gur (jiggery)
each to children between six months
and six years of age in the Kosi region
and other eastern districts of the state.
Each child is allotted Rs.60 to buy
food from the menu drawn by the
department.44
housing On Bihar Divas (Bihar Statehood
Day) on 22 March 2011, the State
government distributed around Rs.29
crore among beneficiaries of different
programes including Indira Awas
Yojana.45 However, cases of irregularities
in allotment of houses under the Indira
Awas Yojana were reported. More than
300 cases have reportedly been lodged
against mukhiyas (village heads) and
panchayat sevaks across the state for
committing gross irregularities in the
allotment of housing units to the people
belonging to the weaker sections under
the Indira Awas Yojana in the past two
years.46
Hope for rehabilitation of slum
residents in Patna and Bodhgaya sinks
as construction of dwelling units for
them under Jawaharlal Nehru Urban
Renewal Mission continues to get
delayed. The state government has
received Rs 80 crore from the Central
government for the development of
22,372 dwelling units at 60 sites in
Patna and seven sites in Bodhgaya.
However, only Rs 14.83 crore has been
spent till now at the four sites in Patna
and no work has started in Bodhgaya.
Irked by the non-cooperation of the
state government, the implementing
agency of the scheme, Housing and
Urban Development Corporation
Limited (Hudco) was planning to hand
over the project to the government
in July. As per the memorandum of
understanding signed between Hudco
and the state government in January
2008, the agency was supposed to
finish the project in a year-and-a-half.47
Non utilization and mis-utilization
of social sector funds
States Round Up
The Comptroller and Auditor
General (CAG) rapped Bihar for
poor financial reporting, slack control
system. In its report on state finances
for the year ended 31 March 2011,
the CAG has found 1,021 cases of
defalcation, misappropriation, loss
and theft involving Rs 407.97 crore
pending with various departments
of the Bihar government as of March
2010. The CAG report pegged the
loss at Rs 112.38 crore (583 cases),
misappropriation at Rs 247.86 crore
(255), defalcation at Rs 0.02 crore in
(one) and defalcation Rs 47.71 crore
(182 cases).48
Ganga (45 years), his son Bima and
his daughter Hurre (20 years) and
detained at Chintalnar police station.
Hurre alleged that the police put her
in a separate cell and sexually assaulted
her. The Madavi family was released
following the intervention of the
women of Morpalli.2
On 13 March 2011, the Koya
commandos moved into Timapuram
village. En route, they picked up two
villagers indentified as Barse Bima and
Manu Yadav from Phulanpad village
and took them along to Timapuram.
The Koya commandos set up a camp
and spent the night at Timapuram. The
next morning the Maoists attacked the
Koyas at Timapuram and in the gun
fight, three Koyas were killed and nine
injured, and Section Commander of the
Maoists, Muchaki Ganga was also killed.
Before the Koyas left for Chintalnar on
the morning of 15 March 2011 they
allegedly burnt about 50 houses and
granaries. They also killed one of their
captives, Barse Bima, with an axe and
the other captive, Mannu Yadav was
later executed at Chintalnar.3
On 16 March 2011, Koya
commandos surrounded Tarmetla
village and burnt about 200 structures,
including homes, granaries and
woodsheds. The Koyas also allegedly
took away two men identified as
Madavi Handa and Madavi Aita.4
On 27 March 2011, Chhattisgarh
Home Minister Nankiram Kanwar
admitted in the State Legislative
Assembly that 327 personnel of
Chhattisgarh Police and Central
Reserve Police Force conducted a five
day area domination exercise from
March 11 to March 16 and raided the
villages of Morpalli, Timapuram and
Tarmetla but claimed that Maoists who
attacked the security forces burnt the
villages, not the security forces. Earlier,
on 23 March 2011, Dantewada’s Senior
Superindent of Police, S.R.P. Kalluri
had stated that he had no knowledge
of any such incidents in the area and it
was all a “Maoist-propaganda”.5
The Supreme Court asked its Special
Commissioner on Right to Food,
Harsh Mander, to visit the villages
and submit a report after the People’s
Union for Civil Liberties (PUCL)
filed a petition alleging it feared
that conditions of acute hunger and
starvation were rampant in Morpalli,
Timapuram and Tarmelta. Mr Mander
visited Morapalli village on April 6.
Chhattisgarh
I. Highlight: Horrific
atrocities by the security forces
come to light
T
he tribals continued to be victims
of anti-Maoist operations in
Chhattisgarh. On 23 March 2011, The
Hindu, a prominent English national
daily, revealed that during a five-day
anti-Maoist operation in Dantewada
district from 11 March to 16 March
2011, the security forces comprising
Koya commandos of Chhattisgarh
police and Central Reserve Police
Force’s elite unit Combat Battalion for
Resolute Action (CoBRA) allegedly
killed three persons, criminally
assaulted three women and burnt 300
homes and granaries in three villages Morpalli, Timapuram and Tarmetla.1
In the early hours of 11 March
2011, about 350 heavily armed
security personnel ( about 200 Koya
commandos and 150 CoBRA)
marched into Morpalli village under
Chintalnar police station to destroy “an
arms factory” allegedly run by Maoists.
While they found no arms factory there,
the security forces allegedly killed one
villager named Madavi Sulla, molested
at least two women, and burnt down
37 houses. They also picked up Madavi
39
40
States Round Up
He found that an undeclared civil warlike situation prevails in three villages.
His report submitted to the Supreme
Court stated that the villagers lived in
unabated conditions of fear: “…their
perceived Maoist support results in
grave and exorable consequences for
the villagers. Many are jailed as Maoist
sympathisers and languish for long
periods in prison, without even the
succour of national and international
support and human rights backing as
surged for Dr Binayak Sen.” His report
further stated that - “The indigent
local tribal communities are trapped
in unending cycles of often brutal
violence, unleashed consecutively by
Maoists, security forces and vigilante
armed civilian groups such as the
Salwa Judum, and its incarnations...”6
Mr Mander however found no
evidence of starvation deaths, but
plenty of evidence of people “living
with starvation”.7
On 25 April 2011, the Supreme
Court criticized the Centre and
the Chhattisgarh government for
appointing Special Police Officers under
the 1861 Police Act which provides for
such appointments for a short period.
A Bench of Justice B. Sudershan Reddy
and Justice S.S. Nijjar also questioned
the Centre’s rationale in giving financial
support to the State Government for
appointing these SPOs.8 Earlier on 11
April 2011, Chhattisgarh Governor,
Mr Shekhar Dutt, had stated that Koya
commandos were a necessity to fight
the Maoists in Chhattisgarh.9
II. Abuses by the AOGs
The Maoists continued to be
responsible for violation of the
international humanitarian law in
Chhattisgarh. On 25 January 2011, the
Maoists abducted six persons, including
five personnel of the Chhattisgarh
Armed Force and one civilian from
Kengra in Narayanpur district while
traveling in a private bus.10 The police
personnel were traveling in a private
bus in civil dress as they were going
home on leave. They were identified
by the Maoists on the basis of their
identity cards during search of the
passengers. The civilian was abducted
as the Maoists suspected him to be a
Special Police Officer (SPO) but later
he was released.11 Following negations
with the help of social activist Swami
Agnivesh, the Maoists released the five
police personnel on 11 February 2011,
after 18 days in captivity.12 Before their
release, the Maoists allegedly held a
“Jan Adalat” (Peoples’ Court) which
‘directed’ the five police personnel to
quit the force.13
On 21 May 2011, the Maoists
allegedly killed two persons namely
Kawasi Dev (a civilian who was
mistaken for a Special Police Officer)
and Ramaiyya, an SPO who had been
abducted on May 18, in Dantewada
district.14
III. Repression on human
rights defenders
Human rights activists and
organizations came under attack
from the state. On 19 January 2011,
S.R.P. Kalluri, Senior Superintendent
of Police, Dantewada, accused
two
international
humanitarian
organisations namely Médecins Sans
Frontières (MSF) and the International
Committee of the Red Cross (ICRC) of
helping the banned Communist Party
of India (Maoist) by providing them
with medical prescriptions and treating
Maoists injured in police attacks.15
On 10 February 2011, the
Chhattisgarh High Court refused to
grant bail to Dr. Binayak Sen who
was convicted and sentenced to life
imprisonment by a trial court in
Raipur on 24 December 2010.16 Dr
Sen appealed to the Supreme Court
which on 15 April 2011 ordered his
release on bail. The Supreme Court
observed that no case of sedition
was made out against the rights
activist based on the possession of
Maoist literature. Justice C.K. Prasad
while ordering his release drew the
analogy that “if Mahatma Gandhi’s
autobiography is found in somebody’s
place, is he a Gandhian? No case of
sedition is made out on the basis of
materials in possession unless you
show that he was actively helping or
harbouring them [Maoists].” 17
Activists came under attack
for their campaigns to protect the
environment. On 28 May 2011,
Ramesh Agrawal, head of NGO
Jan Chetna and Dr Harihar Patel, a
practitioner of indigenous medicine,
were arrested in Raigarh on grounds
of “circulating defamatory material”
and “disrupting public order”. Both of
them had been raising public awareness
about the environmental and health
consequences of a proposed expansion
of the coal-fired thermal power plant
run in Raigarh district by Jindal Power
Limited. (JPL)18 Both Mr Agrawal and
Mr Patel were arrested based on an FIR
filed in June 2010 by JPL on charges
of defamation, criminal intimidation,
and inciting violence during a hearing
of the company’s project held on 8
May 2010 at Tamnar village.19 In the
run up to the hearing, Agrawal had
written to Jairam Ramesh, Minister
of Environment and Forests, drawing
attention to the fact that JPL had started
construction on the site even before it
had received environmental clearance.
Later a team of MoEF visited the site
and found Agrawal’s contention to be
true and denied environment clearance.
However, clearance was granted to
the company subsequently.20 On 2
June 2011, the sessions court rejected
Agrawal’s bail application and sent him
to jail. When Agrawal complained of
hypertension in jail, he was admitted
to a hospital in Raigarh where he was
allegedly handcuffed and chained to
the hospital bed.21 On 23 June 2011,
the Chattisgarh High Court at Bilaspur
also refused to grant bail to Ramesh
Agrawal and Harihar Patel.22
the child
On the night of 28 April 2011, two
policemen identified as Suresh Kumar
Baiga and Lekhraj Sonwani, employed
as cooks at the Counter Terrorism and
Jungle Warfare College on the outskirts
of Kanker town in Kanker district,
allegedly raped two minor tribal girls
aged 15 and 17 at Patharri, a village
adjoining the CTJW campus. After the
father of one of the victims lodged a
complaint, the two accused policemen
were arrested and charged with rape
and criminal intimidation.23
The security forces continued to
occupy several schools affecting the
right to education of the children.
The Chhattisgarh government filed
conflicting affidavits in the Supreme
Court with regard to occupation
of schools by the security forces in
Naxal affected areas. On 7 January
2011, Justice B. Sudershan Reddy
told Manish Singhvi, counsel for
Chhattisgarh government that the
Bench in their order dated 18 February
2010 recorded on the basis of the
information provided by Chhattisgarh
government that all schools had
been vacated but in November 2010
Chhattisgarh government claimed in its
affidavit that 31 schools were still under
the occupation of the security forces.
Again in an affidavit filed on 6 January
2011, Chhattisgarh government had
informed the Supreme Court that the
security forces had vacated only six
out of the 31 schools. Interestingly,
Chhattisgarh government counsel Mr.
Singhvi argued on 7 January 2011
that schools could not be vacated since
Chhattisgarh was a “conflict zone”!24
On 18 January 2011, the Supreme
Court directed the state government
of Chhattisgarh to vacate all school
buildings under the occupation of
security forces within four months.25
The Chhattisgarh government
allegedly continued to recruit children
into the police. As per an existing policy
of the state government of Chhattisgarh,
if a member of the state police dies due
to an illness or in attacks by the Maoists
or criminals, his or her children (aged
five and above) can be appointed to
the police department. Such child
soldiers are called “balarakshaks”
and paid a monthly salary of Rs
5,000. When they turn 18 years and
complete matriculation, they are given
a regular job. It is mandatory for the
“balarakshaks” to report for duty three
days a week. They are mostly asked to
do soft jobs like carrying files from one
table to another.26
V. Forcible acquisition of
farmers’ land
Over the past five years the
state government has reportedly
States Round Up
signed MoUs with 34 companies for
setting up power projects in JanjgirChampa district which will acquire
about 40,000 acres of land, a major
portion of which is prime double-crop
agriculture land. Apart from loss of
huge chunk of fertile agricultural land,
farmers fear that the remaining area of
agriculture would be badly affected as
a major flow of water from the rivers
and big tanks would be diverted to the
industries.27
On 17 January 2011, several
farmers were injured and 78 farmers
were arrested for protesting against
alleged forcible land acquisition by the
state government for Hyderabad-based
firm KSK Energy Ventures Ltd which
is planning to set up a 3600 mw power
plant in Janjgir-Champa district.28
VI. Status of internally
displaced persons
On 6 February 2011, Chhattisgarh
Chief Minister Raman Singh stated
that the ‘Salwa Judum’ was over.29 On
18 January 2011, the Supreme Court
told the Chhattisgarh government to
come out with a time-bound action
plan within two weeks for disbanding
the 23 relief camps in Dantewada
and Bijapur districts and create
conditions for their return to their
villages. According to Harish Salve,
counsel for the state government of
Chhattisgarh, there were presently
only 18,000 Adivasis living in the
relief camps.30
In February 2011, the Chhattisgarh
Government told the Supreme Court
that it would not be possible to shift
villagers from relief camps within a
definite timeframe due to possible
attacks from the Maoists once they
return home.31 n
41
42
States Round Up
Delhi
I. Highlight: Delhi
government’s notification to
set up Human Rights Courts
T
he lack of proper implementation
of the Protection of Human
Rights Act, 1993 (amended in 2006)
resulted in not setting up of human
rights courts and appointment
of special public prosecutors for
expeditious trial of cases of human
rights violations. The Asian Centre
for Human Rights moved a Public
Interest Litigation (PIL) in the Delhi
High Court seeking an order for
setting up of Human Rights Courts.
On 20 April 2011, the Delhi High
Court (a Division Bench comprising
Justice Dipak Misra and Justice Sanjiv
Khanna) issued notices to the Centre
and the Delhi Government while
hearing the ACHR’s petition.1 In a
historic decision, on 1 June 2011,
the Delhi government informed the
Delhi High Court that it has started
the process of setting up of human
rights courts.2 Thereafter, Lt-Governor
of Delhi, Tejendra Khanna issued a
notification that each Delhi court will
have a specific human rights court. The
notification said under Section 30 of
the Protection of Human Rights Act,
1993, and other powers, the lieutenantgovernor, with concurrence of the
chief justice of the Delhi High Court,
has specified the court of additional
sessions judge in each district as the
human rights court.3
II. Highlight: Rise in crime
against women
As per the latest figures released
by the Delhi Police, there has been an
increase in crimes against women. As
per the latest data, a total of 489 rape
cases were reported in 2010 against
459 such cases in 2009. The cases
of molestation of women have also
increased from 528 cases in 2009 to
585 cases in 2010. The latest figures
reveal that a woman is raped every 18
hours or molested every 14 hours in
Delhi.4 In order to meet the challenges,
Delhi Chief Minister Sheila Dikshit, on
the occasion of International Women’s
Day on 8 March 2011, launched an
initiative under which area-based
community groups with special powers
will be formed to combat incidents of
eve-teasing, violence and harassment of
women. The community groups will
act swiftly on noticing any incident
of violence or verbal assault against
women and coordinate with police and
concerned agencies. Any woman facing
any kind of harassment may contact
the community group of her locality
for help and redressal of problem.5
The Delhi Police have been criticized
both by the Delhi High Court and the
NHRC for their insensitivity towards
the plight of women. On 2 February
2011, the Delhi High Court ordered
Delhi Police Commissioner B K Gupta
to conduct an inquiry into an incident
where a 24-year-old pregnant homeless
woman was allegedly hit on the leg and
chased by a policeman after which the
woman delivered her child in an open
park.6 On 16 March 2011, the NHRC
took suo motu cognizance of a media
report dated 14 March 2011 alleging
that “the girl having plaster in her leg
was dragged by police personnel in
a ghastly manner instead of using a
wheelchair at the Karkardooma Court
premises in Delhi” and sought a response
from Delhi Police Commissioner.7
On 9 February 2011, two cousins,
including a CRPF personnel, were
arrested for allegedly raping a 17-yearold Class XI student for the last one
year in Khajuri Khas area of North-East
Delhi. Parents of the victim approached
the police to file a complaint on 4
February 2011 but the police allegedly
refused to register the complaint. The
harassed parents then approached the
court on 7 February 2011 to register
a complaint against the accused. On
the direction of the court a case was
registered and Jai Karan (36 years) and
Amit (26 years) were arrested.8
III. Violations of civil and
political rights
The Delhi Police were responsible
for violations of civil and political
rights.
The forcible eviction by the Delhi
Police of Baba Ramdev and thousands
of his supporters at midnight from the
Ramlila ground received widespread
condemnation. Late in the intervening
night of 4-5 June 2011, the police
swooped down upon the Ramlila
Maidan, the venue of Baba Ramdev’s
fast against corruption and allegedly
lathicharged and fired teargas shells to
disperse the yoga guru’s supporters.
Scores of people including women who
were sleeping there were injured in the
police action. A woman identified as
Raj Bala was critically injured and being
treated at G.B. Pant Hospital.9 At least
30 people were admitted to Lok Nayak
Jai Prakash hospital and some of them
suffered limb and head injuries. Some
of injured were also admitted to AIIMS
trauma centre and Ram Manohar Lohia
Hospital.10 On 6 June, the Supreme
Court took suo motto cognizance of the
midnight crackdown and issued notice
to the Central government and the
government of Delhi.11
One Praveen Kumar, resident of
Rohtak in Haryana, was picked up
from Nangloi railway station in Delhi
by three policemen in an unknown
case and beaten to death in custody at
the Subzi Mandi police post in Kishan
Ganj in Delhi in January 2011. Fearing
action against them, the policemen
disposed of his body in a drain near
Mundka area. After the matter came
to light, a case was registered (FIR
number 2/2011) under sections 302,
365 and 120 of IPC at the Sarai
Rohilla Railway police station in north
Delhi by the victim’s brother Sagar and
the case was handed over to the antikidnapping wing of Crime Branch. The
Crime Branch arrested two accused
constable Ram Niwas and home guard
Jagdeep and sent them to Tihar Jail on
20 May 2011. The third accused, subinspector Devender Singh, died in a
road mishap a week after the killing of
Praveen Kumar.12
On 13 March 2011, Satyender
Singh Bhora (54 years) and his son
Sandeep were allegedly beaten up by
the Station House Officer (SHO) and
his subordinates at the Jyoti Nagar
police station in North-East Delhi as
the victims refused to pay bribes for
erecting a boundary wall on their plot.
Satyender Singh Bhora stated that he
owned a plot at Kailash Nagar Colony
in Jyoti Nagar and the police harassed
him when he started constructing a
boundary wall on it. On 13 March
2011, he was again summoned by
the SHO who demanded Rs 50,000
as bribe. When he refused the SHO
and his sub ordinates allegedly beat
Mr Bhora and his son Sandeep. Mr
Bhora was taken to GTB Hospital
from where he was admitted to the
Intensive Care Unit of Jeevan Jyoti
Nursing Home.13
On 29 March 2011, Delhi Police
ordered a vigilance enquiry against four
police personnel – SHO of Inderpuri
police station Ramesh Chander, Sub
Inspector Datta Ram and constables
Darshan Singh and Sandeep for
allegedly detaining Arun Kumar and
beating him on 24 March 2011. In his
complaint Arun Kumar alleged that
when he was passing through Todapur
village, a fight broke out between two
persons. Though he was not involved
in it, the Sub Inspector allegedly forced
him to come to the police station and
beaten up and locked up along with
his brothers - Vijay Singh and Rakesh
Singh - and 12-year-old son Jitendra.14
Earlier in February 2011, a
Sessions Court acquitted seven terror
suspects Saqib Rehman, Bashir Ahmed
Shah, Nazir Ahmed Sofi, Hazi Gulam
Moinuddin Dar, Abdul Majid Bhat,
Abdul Qayoom Khan and Birender
Kumar Singh, who were arrested by
Delhi Police after a “fake encounter”
in July 2005. The court held that “The
encounter, which allegedly occurred
on the intervening night of July 1-2,
2005, did not take place at all. …. The
story of the encounter was carefully
scripted in the office of Special Staff,
Delhi Police, Dhaula Kuan, by its main
author Sub-Inspector Ravinder Tyagi
with the assistance of sub-inspectors
Nirakar, Charan Singh and Mahender
Singh”.15
States Round Up
the child
The rights of the child continued to
be violated. At least 25 child labourers,
all in the age group of 8-14 years,
were rescued from shoe-making and
embroidery units in Delhi by Bachpan
Bachao Andolan (BBA) with the help of
police and labour department officials
on 8 March 2011.16 On 16 April 2011,
a 10-year-old child migrant worker
in a beedi-making factory in Delhi
was allegedly beaten to death by his
employer identified as Kaleemullah in
northwest Delhi’s Bharat Nagar.17 The
child labourers were tortured regularly
in these factories.18
On 17 March 2011, volunteers of
NGO Bachpan Bachao Andolan and
four policemen were brutally assaulted
by some local goons during their rescue
operation of 22 children workers from
a construction site at Jheel Khureji in
east Delhi. The NGO and the police
were part of a task force constituted in
pursuance of the High Court’s order
to rescue child labourers. Terming the
attack serious, the Delhi High Court on
18 March 2011 issued summon notice
to the Delhi Police Commissioner and
other high level police officials and
Labour and Welfare departments to
be physically present in the court on
21 March 2011.19 On 27 April 2011,
the Delhi High Court ordered the
cancellation of licence of any factory or
eatery (dhaba) if found to be engaging
minors.20
On 22 March 2011, the National
Human Rights Commission (NHRC)
asked the Ministry of Home Affairs
and the government of Delhi to submit
detailed reports with regard to missing
children. A total of 17,305 children
reportedly went missing from Delhi
43
44
States Round Up
from 2008 to 2010. Out of them,
2,366 children are yet to be traced.
Criminal gangs were allegedly involved
behind the missing children.21 As per
Child Rights and You (CRY), a total of
1,238 children had gone missing from
eight districts of Delhi alone (the city
has 11 police districts) during January
– April 2011, which means that over 10
children went missing from the capital
every day. Around 468 (i.e. over 37%)
remained untraceable. The number of
missing children would increase if data
of the remaining three districts which
also register a considerable number
of missing cases are added. But Delhi
Police records stated that only 468
children went missing from 10 districts
of Delhi between 1 January and 20
April 2011. According to Amod Kanth
of the Delhi Commission for Protection
of Child Rights (DCPCR), in about
70-80% cases, missing children are
trafficked and used as labourers.22
As per Bachpan Bachao Andolan,
more than 10,000 children in Delhi
are living on the streets. Information
received by BBA through the Right to
Information Act revealed that during
the period from 2006 to 2010, as
many as 1,807 children escaped from
the 26 recognized shelter homes due to
poor conditions of the shelter homes.
Out of these, 1,750 children (97%)
remained untraced. At least 29 children
died during the period 2006 to 2010.
Surprisingly, 28 out of 29 children who
died were from Bal Nirikshan Grih,
Nirmal Chhaya Complex, Jail Road!23
face high levels of discrimination and
deprivation and they were not even
enrolled for jobs under the NREGA.
Educationally also, Muslims faced
deprivation: despite 75% enrolment
of Muslim children in primary
school, only 26% were able to reach
matriculation. This is against 79%
enrolment of others (except scheduled
castes/scheduled tribes), 41% of who
make it to matriculate levels.2
There has also been indifference
towards payment of compensation
to the 2002 riots affected victims.
On 3 March 2011, Gujarat’s Revenue
Minister Anandiben Patel informed
the State Assembly that out of
Rs 507.69 crore received from
the Centre to be distributed as
compensation to the kin of the 2002
riots victims, the state government
disbursed only Rs 409.61 crore and
the remaining Rs 98 crore was yet
to be disbursed.3 This is despite the
fact that as many as 20 families from
Kevadia Colony in Narmada district
whose houses were burnt down
during the 2002 riots were paid
compensation between Rs 8,000 and
Rs 10,000 only although their houses
and business establishments were
completely burnt to ashes.4
The Narendra Modi government
allegedly even refused to provide
scholarships to the Muslims under
Centrally sponsored pre-matric and
post matric minority scholarships.
In an affidavit filed in the Gujarat
High Court on 26 April 2011, the
state government claimed that the
Centre’s scheme for scholarship
for students belonging to minority
communities is discriminatory in
nature, as it is meant to help only
one community (Muslim).5 As a
result, more than 52,000 students
belonging to Muslim, Christian,
Parsi, Sikh and Buddhist communities
have been deprived of minority
scholarships. The state government
instead runs its own scholarship
programme.6
Gujarat
I. Highlight: Minorities
continued to face
discrimination
S
ocalled “Vibrant Gujarat” faces
“higher poverty levels and much
lower ranking in human development”
according to Dr Abusaleh Shariff,
chief economist, National Council
of Applied Economic Research
(NCAER) who has conducted a
study titled “Relative Development
of Gujarat and Socio-Religious
Differentials”. As per the study, on
income generation measures Gujarat
comes fourth after Punjab, Haryana
and Maharashtra, but in Human
Development Index (HDI) it is behind
Kerala, Tamil Nadu, Maharashtra and
Karnataka.1 Dr Abusaleh Shariff ’s
study has found that Gujarat has high
levels of hunger among its citizens and
Muslims are the worst. Urban poverty
among the state’s Muslims is eight
times more than high-caste Hindus,
50% more than Other Backward
Classes (OBCs). Muslims in Gujarat
II. Repression on human
rights defenders
On 24 June 2011, well-known
lawyer and Right to Information
Act (RTI) activist Bhagu Devani, 72
years, was pulled out of his car in
Porbandar by five to six unidentified
persons and stabbed in the stomach.
Devani in his FIR named former BJP
minister Babu Bokhiria and two other
BJP functionaries as the men behind
the attack.7 The RTI activist has been
campaign against illegal mining and
illegal construction in Porbander.
Four persons allegedly involved in the
attack were arrested on the night of
24 June 2011.8
III. Violations of the rights of
indigenous peoples
Gujarat has fared poorly in the
implementation of the Forest Rights
Act, 2006 which provides land rights
to the tribals and other traditional
forest dwellers. As of 31 March 2011,
out of a total of 1,92,045 claims for
land title (1,83,136 individual and
8,909 community) received under the
Forest Rights Act, only 25,771 claims
(13.4%) have been distributed. Gujarat
has also refused to share information
with the Ministry of Tribal Affairs
regarding extent of forest land for which
titles were distributed.99. Ministry
of Tribal Affairs, “Status report on
implementation of the Scheduled Tribes
and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act,
2006 [for the period ending
At district level, it is worst. As
per the statement of Forest Minister
Mangu Patel in the State Assembly on
9 March 2011, out of total of 11,947
claims received under the FRA, land
was provided only in 728 claims
(6.09%) in Tapi district from 2008 to
2011. In the said district, 3,148 claims
were rejected while 8,071 claims were
under consideration. The opposition
Congress party legislators walked out
of the State Assembly alleging that
the state government was not doing
enough towards allocating land to the
tribals under the FRA.10
States Round Up
area, construction of another road
through which the Dalits can reach
their homes without having to pass
through upper-caste areas and police
to file an appeal in the Gujarat High
Court against the bail granted to the
accused by a lower court.11
IV. Violations of ESCRs
i. Health and nutrition
the Dalits
Dalits continued to face caste
based discrimination and physical
attacks. On 18 February 2011, uppercaste members allegedly misbehaved
with a Dalit bridegroom and forced
him to get off the horse he rode
during the wedding procession at
Dhalgarwad village in Ahmedabad
district. The upper caste villagers
allegedly told the Dalits that they
were not privileged to ride horses.
The Dalits sought police protection
and the wedding procession took
place on 20 February 2011 under
police protection but some uppercaste villagers shouted abuses and
threw stones at the procession even
though the police were present. A case
was filed under the Scheduled Castes
and Tribes (Prevention of Atrocities)
Act 1989, naming five persons.
The police arrested the five accused
but they were soon released on bail
although crimes under Prevention of
Atrocities Act are non-bailable. On 25
February 2011, a team from the the
National Commission for Scheduled
Castes visited Dhalgarwad. The
NCSC team found that Dhalgarwad
has only one road that passes through
the areas dominated by upper castes.
The Commission recommended
sufficient police presene in the
As per an official discussion paper
of the Gujarat government, accessed
by The Indian Express, the state suffers
from high malnutrition rate despite
sound economic growth. Though
agricultural growth stood at 9.6 per
cent in the last 10 years, which is three
to four times the national average,
and milk production increased by 66
per cent, every second child under
five years of age is underweight in
Gujarat. 45 per cent of all children are
underweight. 16 out of 26 districts
have 45-64 per cent underweight
children and 9 of the 12 tribal districts
have 45 per cent or more underweight
children. There is high prevalence of
anaemia among married women (55
per cent), pregnant women (61per
cent), adolescent girls (57 per cent)
and children (80 per cent).12 On
9 March 2011, Gujarat Congress
president Arjun Modhwadia alleged
in the State Assembly a scam of Rs 92
crore in the child nutrition project.13
ii. Brick kiln workers denied basic
pay and facilities
On 14 January 2011, more than
50,000 brick kiln workers across the
state went on strike protesting against
exploitation by brick kiln owners. The
brick kiln workers demanded minimum
wages under the Minimum Wages
Act as well as better facilities such as
water, electricity along with anganwadi
45
States Round Up
46
centres and schools for their children.14
Due to hardships faced by them, on 8
January 2011, about 30 couples from
Chhattisgarh working at a brick kiln
near Detraj in Ahmedabad district
left for home with their 15 children
alleging forced and bonded labour and
violent treatment by their employers.15
It has been reported that in the brick
kiln in Ahmedabad district, migrant
workers were not allowed to leave their
jobs which is akin to bonded labour.
The workers particularly in the areas
near Kakosi of Ahmedabad distrtict
were allegedly paid less compared to
their counterparts in other districts.
The brick kiln workers of Kakosi went
on a strike in February 2011 demanding
hike in salary. Most of the workers are
migrants from Rajasthan, Bihar, and
Uttar Pradesh.16 n
political rights
and
Rajbir
(Exemplary
Head
4
Constable).
On 18 April 2011, Sanjeev (son
of Chand Ram), a Dalit, was allegedly
tortured at Gharaunda police station in
Karnal district. The victim, taken into
custody in connection with a minor
case, sustained serious injuries. Victim’s
father Chand Ram stated that Sanjeev
was not able to stand on his legs and
vomited blood after he was tortured by
six police personnel.5
On 13 May 2011, two brothers
identified as Bhim Sena and Kumar,
sons of Murari Lal, were picked up by
the Crime Investigation Agency (CIA)
and detained at the Ellenabad police
station in Sirsa district in connection
with a murder case. The victims,
who were released on 15 May 2011,
alleged that they were subjected to
torture to obtain a confession during
interrogation. The victims could not
walk due to the torture and had to be
admitted to the General Hospital.6
On 12 June 2011, three persons
including a minor identified as Teja
Singh, Gurpath Singh and Gurmel
Singh (13 years) tortured for two days
in custody after being picked up from
their homes in Sangatpura Thehar
village under Rania police station in
Sirsa district. They were detained in
Haryana
I. Highlight: Court rejects
police’s suicide theory in a
custody killing
I
n January 2011, the Punjab and
Haryana High Court handed
over the case of custodial death of
Roor Singh to the Central Bureau
of Investigation (CBI) not finding
the police version to be “truthful and
acceptable.” The Division Bench of
acting Chief Justice Ranjan Gogoi and
Justice Adarsh Kumar Goel observed
“The police personnel on duty have not
given truthful and acceptable version.
Their stand of arrest on September 5,
2009 instead of September 4, 2009 has
been found to be false. The Bench rejects
the suicide theory of the police and directed
the Central Bureau of Investigation
(CBI) to ascertain whether it was a case of
suicide and what was the role of concerned
police officers.”1
In addition, the High Court
ordered the state government to
provide compensation in two custodial
death cases. The High Court in January
2011 ordered the state government to
pay compensation of Rs 10 lakhs to the
families of two custodial death victims,
one of them identified as Virender
Kumar (16 years), who were picked up
in August 2007, illegally detained and
died in custody.2
Haryana is yet to set up a state
human rights commission despite
having a dismal track record in
safeguarding human rights. Presently,
the
National
Human
Rights
Commission receives hundreds of
complaints from Haryana every year.
human rights violations including
custodial death.
On 14 February 2011, Subhash
alias Billu, arrested in a minor case,
died due to alleged torture at Hansi
police station in Hisar district.Police
claimed Subhas committed suicide by
hanging himself from the ventilator of
the lock-up. But, the family members
alleged that the deceased died of police
torture.3
In early March 2011, two Dalit
women identified as Neelam and
Jaiwanti were allegedly subjected
to torture during questioning at
Bohali police post in Panipat
district. The women were taken to
police post in connection with a theft
case. The accused police personnel
were identified as Balbir Singh (Incharge of the Bohali police post),
Hakam Singh and Reena (constables)
connection with a murder case. Two
of the victims, including the minor,
were admitted to hospital in a critical
condition.7
the Dalits
The trial of Mirchpur Dalit
violence continued in Delhi. On 9
January 2011, a Delhi court directed
the Haryana government to move
all the 98 accused from Hisar jail,
Haryana to Tihar prison in Delhi
after the trial was transferred to a
court in Delhi following a Supreme
Court order.8
The Dalits were being targeted
and threatened by the accused of
Mirchpur violence, which resulted in
a judicial probe at the direction of the
Supreme Court on 25 April 2011.9 On
the following month, the Apex Court
again directed the state government
to provide food and security to the
victims who fled due to threats by the
accused.10
However, the one-man commission
constituted by the Haryana Government
to probe the Mirchpur incident failed
to complete its enquiry. In March
2011, the commission had reportedly
sought a second extension to complete
its probe.11
Atrocities against Dalits continued
to be reported.
On 30 April 2011, Mukh Ram,
a Dalit, was killed and his body
chopped off allegedly by members
of the dominant community over a
panchayat election-related rivalry at
Bani village in Sirsa district.12 Another
Dalit identified as Pradeep Kumar was
beaten to death allegedly by upper
caste persons at Amarawati Khera
village in Jind district for allegedly
peeping inside the bathroom of a
woman member of the accused on 25
June 2011.13
Earlier, on 13 March 2011, a Dalit
woman sarpanch Leela Devi and her
husband were beaten up by influential
persons at Sardherhi village in Ambala
district for refusing to obey their order
to favour execution of MNREGA
works.14 In January 2011, two Dalits
Makhan Singh and Jagseer Singh were
allegedly beaten up and paraded in
the streets with their faces blackened
by some members of the dominant
community at Panniwala Morika
under Dabwali police station in Sirsa
district.15
the child
The provisions of the Juvenile
Justice (Care and Protection of Child)
Act continued to be violated in the
state.
On 28 March 2011, the Division
Bench of Chief Justice Rajan Gogoi
and Justice Kanwaljit Singh Ahluwalia
of the Punjab and Haryana High Court
issued notice of motion to the State of
Haryana and others while taking suo
motu cognisance of a communication
alleging lodging of a juvenile with
hardened criminals in Gurgaon Jail.16
On 28 March 2011, 13-year-old
Rahul (name changed), son of Ved Pal,
was illegally detained and tortured at
Sector 4 Police Post in Gurgaon. The
minor victim, a student of 5th standard,
was taken into custody on the charges
of alleged theft. The victim alleged that
he was stripped and tortured, including
sprinkling of chilli powder in his eyes
and injecting petrol in his rectum.
Medical examination of the victim
confirmed torture.17
States Round Up
There were also reports of child
labour. On 14 June 2011, 40 cases of
minors working as child labourers were
detected during a special drive by the
Labour Department in several business
establishments in Sirsa and Fatehabad
districts. The child labourers were
found working in eateries, teashops
and sweet shops.18
There were also reports that rescued
child labourers were not rehabilitated.
On 19 May 2011, the National
Commission for Protection of Child
Rights (NCPCR) expressed displeasure
over the functioning of the government
agencies involved and asked the state
government to immediately rehabilitate
a child labourer who was rescued four
months ago but not rehabilitated. The
8-year-old child was allegedly kept as
bonded labourer and tortured by his
employers.19
V. Violations of the ESCRs
i. Right to health
Acute shortage of manpower in the
health centres in Haryana remained a
major obstacle in providing effective
health care to all.
On 3 March 2011, State’s Health
Minister Rao Narender Singh stated
that posts of doctors were taken out
from the purview of Haryana Public
Service Commission and doctors were
being recruited every month on regular
basis to meet the shortage of medical
officers.20
According to the official reports
tabled recently in the State Assembly,
as many as 489 posts of the doctors
were lying vacant at General hospitals,
Primary Health Centres and Community
Health Centres in 21 districts. Bhiwani
district tops the lists of vacant posts of
doctors in various health institutions
47
48
States Round Up
approved the Right of Children to Free
and Compulsory Education Rules,
2011, which would benefit about 22
lakh children in the state.23 However,
the state government failed to launch
the literacy mission to impart literacy
to thousands of non-literate persons in
the state.
On 2 February 2011, the Punjab
and Haryana High Court issued a
notice to the Haryana government
on a public interest litigation (PIL)
filed on the basis of a report by “The
Tribune” highlighting the state’s apathy
to adult female literacy. In its report of
16 January 2011, “The Tribune” had
reported Haryana’s inability to launch
the literacy mission even in one district
allotted to it in the first phase of the
project that was then to be expanded to
other districts. The Ministry of Human
Resource Development approved
Rs 11 crore adult literacy projects until
2012 for Haryana. Of this, Rs 1.20
crore was released to educate 1.25
lakh non-literates in Karnal in the first
phase of the project. However, the state
government reportedly even failed to
spend a single paise from the Rs 1.20
crore grant in Karnal.24 n
I. Highlight: High Court’s ire
against illegal mining
political rights
The state government failed to
check illegal mining in the state. On
19 April 2011, the Himachal Pradesh
High Court expressed annoyance on
the working of the state authorities
for failing to check illegal mining and
directed the state government to stop
illegal mining. The Court also imposed
a ban on mining at Chakki Khud in the
Damtal area of Kangra while hearing
a petition raising the issue of illegal
mining.1
Unabated illegal mining had been
causing serious ecological degradation.
According to the State Industry
Minister Kishan Kapoor, 1532 illegal
cases of mining were detected from
April 2010 till February 2011. Out of
this, 891 cases were compounded by
imposing a fine of Rs 4320165, 544
cases were sent to the court and rest
other cases are pending for the legal
action.2
ACHR documented one case of
custodial death during the reporting
period.
On 9 May 2011, Kishori Lal (46
years), resident of Palampur, died
under mysterious circumstances at
Jogindernagar police station in Mandi
district. The deceased was arrested in
connection with an alleged theft case
on the previous day. Police claimed the
deceased committed suicide by hanging
himself with his shirt. But, the family
members alleged custodial torture.3
atmosphere.4 There were over 15,000
primary
and
higher
secondary
government schools with a strength of
about 10 lakh students in the state.5
However, the provision of proper
infrastructure under the RTE Act
was not met in several schools. On 7
February 2011, four school children
of the primary section of elementary
school, Chattarpur, in Una district
were killed after the boundary wall
of the school collapsed on them.
The victims were playing along the
school boundary wall. The deceased
children were identified as Aman, (a
class IV student), Raman, Shetal and
Sanjeev (all from class V). The district
administration ordered a probe.6
with about 60 posts of senior doctors
lying vacant in PHCs, CHCs and
General Hospital. Interestingly some
districts had recruited more doctors as
against the sanctioned posts.21
In 2010, a recruitment drive was
carried out to fill 296 posts of doctors
out of the total vacant posts of 500
doctors in the state. However, many
doctors did not join or later left the
job resulting in almost same crisis of
shortage of medical staff in the health
sector. 22
ii. Right to education
On
26
May
2011,
Haryana
Himachal Pradesh
III. Violations of the ESCRs
i. Right to Education
On 26 February 2011, the State
government approved the Right of
Children to Free and Compulsory
Education (RTE) Act making it
mandatory for every child in the age
group of 6 to 14 years to get free
education and in a congenial academic
ii. Right of health
Health sector in the state remained
dismal. There was acute shortage of
medical staff in government hospitals
across the state. Not only the health
centres in rural areas but even health
institutions in urban areas are no
better. As on 18 April 2011, 100 posts
of specialists were lying vacant in urban
health centres. There was also shortage
of paramedical staff including male and
female health workers and assistants
at Sub-Centres and Primary Health
Centres. Even as the population of the
state is growing, the bed strength in
States Round Up
health centres remains almost similar
in last five years. In 2006-07, 8,674
beds were available, while in 200708 the number went up to 9,174 and
remained similar till 2009-10.7
NHRM failed to reach out to
the poor and the needy. The fact is
illustrated by thousands of complaints
that are piling up with the district
administrative officers regarding the
implementation of the scheme. Under
the NRHM, the people living below
the poverty line are given free medical
aid. However, a large number of poor
beneficiaries were not included under
the scheme.8 n
had declared illegal even a single sale of
house since hundreds of houses between
1990 and 1997 belonging to the
Kashmiri Pandits had been auctioned
and sold illegally by vested interests
after the victims fled the Valley.2
In its earlier hearing in the case,
the apex court had sought a response
from the state government on the Rs
1,618-crore special package offered
by the Centre for restoring properties
and providing jobs to the Pandits.
The apex court had then expressed
reservations over the Centre’s scheme as
it was not clear as to how the migrants
on return would stay without any
accommodation.3
With regard to the PoK refugees,
for the first time, the Centre’s
interlocutors - Dileep Padgaonkar, M
M Ansari and Prof Radha Kumar - on
Jammu and Kashmir reached out to
PoK refugees on 22 February 2011.4
The PoK refugees are living in over 30
refugee camps in Jammu in sub human
conditions under abject poverty for the
last 63 years.5
name of inquiries.
On 3 February 2011, the Ministry
of Home Affairs (MHA) issued an
advisory to all States/UTs to exercise
utmost sensitivity while making
inquiries about residents of Jammu and
Kashmir (J&K) living in different parts
of the country. The MHA also asked the
States to issue appropriate instructions
to all police stations that they should
not be singled out unnecessarily for
police reporting merely on grounds
of their being Kashmiri residents.
The advisory was issued following
complaints received by Centre’s
interlocutors to Jammu and Kashmir
that Kashmiri boys and girls are singled
out by the police in the States outside
J&K for asking them to report to the
police stations merely because of their
domicile.6
On 31 March 2011, Chief Minister
Omar Abdullah stated before the
Legislative Council that 341 persons
died in police custody in the state since
1990.7 During January-June 2011,
ACHR documented the following
human rights violations by the police
and army.
On 16 January 2011, Vinod
Kumar (35 years), son of Milkhi Ram
of Barjala village, died due to alleged
Jammu and Kashmir
I. Highlight: SC seeks ATR
from J&K Government on
Kashmiri Pandits
O
n 17 January 2011, the Supreme
Court sought explanation from
the the state government of Jammu
and Kashmir whether even one of
the thousands of Kashmiri Pandits,
who fled the Valley due to militancy,
had been provided with house or
employment. The apex court’s remark
came on a petition filed by the AllIndia Kashmiri Samaj, which alleged
that neither the state government
nor the Centre, was addressing the
grievances of the Kashmiri Pandits
who had been suffering for over two
decades. A three-judge Bench of
Chief Justice SH Kapadia, Justice KS
Radhakrishnan and Swatanter Kumar
while asking the state government to
come out with the actual data on the
steps taken to ameliorate the plight
of the Pandits questioned, “Tell us
what have you done with your promise of
providing 15,000 jobs......Have you given
a single job? Or for that matter have you
given them a single house. We don’t want
to go by your dream proposals, but want
some firm action.”1
The Supreme Court further asked
the government to explain whether it
political rights
The residents of Kashmir staying
in other states faced harassment in the
49
50
States Round Up
torture at Janipur Police Station in
Jammu district. The deceased was
picked up on 22 December 2010 from
his house in connection with a theft
case. Police claimed after apprehending
the deceased, the police reportedly
stopped at a dhaba where the deceased
consumed excess dose of intoxicant.
But, the deceased’s relatives alleged
custodial torture, resulting in his
death.8
On 4 February 2011, Manzoor
Ahmad Magray (24 years), resident of
Chogal village, was shot dead by the
personnel of 4 Parachute Regiment
of Indian Army at Chogal village in
Kupwara district. The army claimed
that the deceased was killed in an
ambush, but the relatives alleged that
he was picked up from his home and
later killed.9
On 25 March 2011, Haniefa
Wani (35) succumbed to her injuries
sustained in July 2010 during a
protest. With her death the death toll
of the unrest increased to 118.10 Even
as the death toll increased, the Judicial
Commission probing the killing of 17
civilains during the unrest could not be
completed. On 1 February 2011, the
term of the Commission was extended
for another two months.11
In fact the failure to complete
inquiries in time-bound manner
and submit report is not unusual. In
March 2011, the state government
stated that 14 Commissions of Inquiry
(COIs) under Commission of Inquiry
Act were ordered since 1998 and 21
Magisterial Inquiries were ordered
since 1 January 2009. However, out of
total 21 Magisterial Inquiries, reports
were submitted in only 9 cases.12 It is
not known whether any report of COIs
were submitted.
In a case of disappearance, the
Jammu and Kashmir High Court on
2 April 2011 directed the the Ministry
of Defence to pay a compensation of
Rs. 10 lakh to the family of Mushtaq
Ahmad Dar who disappeared while
in the custody of an Army unit.
Mushtaq was taken into custody by
20 Grenadiers in April 1997 and since
disappeared.13
Militancy
related
incidents
reportedly decreased in Jammu and
Kashmir. According to Director
General of Police (DGP) Kuldeep
Khoda, the state recorded nearly 45
per cent reduction in the militancy
related incidents from January-March
2011. But, nearly 300-350 militants
were still active in Jammu and
Kashmir.14
The armed opposition groups
contined to be responsible for violation
of international humanitarian law.
On 31 March 2011, Chief Minister
Omar Abdullah said in a written reply
in the Legislative Council that five
persons, including four civilians and a
political activist, were killed by militants
in January and Febrary 2011.15
On 1 February 2011, two girls
identified as Akhtara (19 years) and
Arifa (17 years), both sisters, were
killed by militants in Sopore town of
Baramulla district.16 On 30 March
2011 night, Ghulam Mohiddun Bhat,
a National Conferene activist, was shot
dead by suspected Hizbul Mujahideen
militants at his residence at PinglishTral in Pulwama district.17
On 17 April 2011, Mohammad
Ashraf Lone, a resident of Rafiabad,
was shot dead by suspected militants at
Hail-Jageer in Baramulla district.18
the child
The provisions of the Jammu and
Kashmir Juvenile Justice Act, 1997
remained
unimplemented.
Many
juveniles charged under draconian laws
including Public Safety Act (PSA) still
remained in normal jails with hardened
criminals. The only juvenile home at
Jammu division is highly inadequate.
However, Chief Minister Omar
Abdullah in February 2011 claimed
that no minor had been detained under
the Public Safety Act (PSA) in the
state.19 This sit uneasily with the claim
as minors continued to be detained
under PSA.
14-year-old Faizan Rafiq Hakeem
of Anantnag continued to be in jail
unde the PSA at the end of March
2011. The minor was not released
despite his school certificate showing
his date of birth as 18 May 1996. Even
the medical examination conducted on
22 and 23 March 2011 revealed Faizan
Rafiq as 14 years.20
The juveniles could not benefit
due to harsh provision of the Juvenile
Justice Act, 1997. A 16-year old is
considered as major as per the Act. On
11 March 2011, the Inspector General
Police Kashmir Range, S M Sahai,
stated that Tawseef Hassan (16 years)
was in custody. S M Sahai justified
the detention of the minor by stating
that under law even 16 year old is a
major.21
In April 2011, the Jammu and
Kashmir High Court quashed the
detention of 16-year-old Tawseef
Hussain Bhat of Shopian under
Public Safety Act and directed the
state government to release him. On
1 December 2010, police arrested the
minor on charges of stone-pelting and
instigating violence, booked him under
PSA and detained in Kathua jail.22
In July 2007, the state education
department launched the Kasturbha
Gandhi Balika Vidyalya, a centrally
sponsored scheme, to provide
residential schools with boarding
facilities to girls at elementary level
particularly the ones belonging to SC/
ST OBC and minorities in difficult
areas. As many as 128 such schools were
to be constructed throughout the state
under the scheme to be constructed
within six months. However, only
30 per cent of these buildings were
fully constructed even after more than
three year. The rest 70 per cent of
the work was left incomplete due to
non payment of dues to the deployed
construction agencies.26
According to the Economic
Survey Report 2010 tabled in the
State Assembly, 4830 educational
institutions across the state were
without buildings. These included
4119 primary schools, 628 middle
schools, 76 high schools and 7
higher secondary schools.
These
schools were being run from rented
buildings or by internal arrangement.
The survey further revealed that as
many as 474 primary school buildings
were in dilapidated condition with
28 upper middle schools without
any building at all, while 52 primary
institutions, 541 middle schools,
125 high schools and 101 higher
secondary institutions lack drinking
water and toilet facilities.27 The
situation remained the same during
the reporting period. n
corruption in the NREGS. Another
NREGS activist Bhukan Singh was
also targeted but luckily he was not
at home. On 3 March 2011, Ansari’s
family registered a First Information
Report (FIR) against eight persons,
including Maoist leader Sudarshanji.
Later in the day, Manika police
station lodged another FIR against
contractor Shankar Dubey and six
of his associates.2 Earlier in February
2011, Ansari and Singh had exposed
a scam in NREGS in two projects at
Rankikala village in Manika block of
Latehar district and lodged an FIR
against former Block Development
Officer Kailash Sahu.3 On 4 March
2011, one of the accused named in
the FIR, Arun Singh was arrested by
the police from Jerua village in Kope
panchayat in the killing of Ansari.4
On 19 February 2011, a labourer
identified as Subbal Mahato (50 years)
was allegedly beaten up by a contractor
so seriously that he later died in
hospital. The labourer was beaten up for
demanding his full revised wage under
NREGS at Bhatua village under Harla
police station of Bokaro district.5
Following the murder of Niyamat
Ansari, the Ministry of Rural
Development threatened to stop
NREGS funds to Jharkhand if the
state government failed to properly
investigate the case and take action
against the accused.6 In a bizarre
statement, the state government in
its report to the Centre claimed that
no work in 16 health centres (evening
clinics) in Jammu East constituency.25
V. Violations of the ESCR
i. Right to health
The poor state of health in the
state was reflected with the majority
of health centres having no adequate
infrastructure and lacked adequate
number of doctors.
On 25 March 2011, Minister for
Health, Sham Lal Sharma stated that
there were 2285 vacancies of doctors
in Jammu and Kashmir.23 Earler on
9 March 2011, the Health Minister
admitted in the Legislative Assembly
that 80 per cent of total health centres
in the state were operating from rented
or private accommodations.24
In sharp contrast, 161 doctors and
para-medics were drawing salary with
States Round Up
Jharkhand
I. Highlight: Centre threatens
to stop NREGS funds
T
he implementation of the
National Rural Employment
Guarantee Scheme (NREGS) has
been tardy. Till February 2011, out
of 38 lakh NREGS job cards issued
in Jharkhand, only 15.16 lakh were
provided employment and only 1.86
per cent of them completed 100 days
of work.1
On the intervening night of 2-3
March 2011, a social activist identified
as Niyamat Ansari, the block convener
of Gram Swaraj Abhiyan and NREGS
Sahayata Kendra, was beaten to
death allegedly by Maoists at Jerua
village under Manika police station
in Latehar district for exposing
51
52
States Round Up
NREGS activist Niyamat Ansari
in Latehar had a “criminal history”
and that there was no proof that he
was killed because he had exposed
irregularities in NREGS.7
An investigation by a threemember team of central officials
in
February
2011
reportedly
found large-scale corruption in the
execution of NREGS projects at
Saraiyahat and Jarmundi blocks in
Dumka district.8 There have also
been reports that job holders were
given less than 20 days workd under
NREGS instead of guaranteed 100
days of work per year at Perswar
village under Bhandariya police
station in Garhwa district.9
political rights
The
security
forces
were
responsible for violations of civil
and poltical rights. On the night of
9 March 2011, Mohammed Iliyas
Khan died during police custody at
Barhi police station in Hazaribagh
district. He was arrested from Bihar’s
Hajipur in connection with a truck
loot case. The police claimed he had
commited suicide by hanging himself
inside the lock up using a bedsheet.
Barhi police station officer-in-charge,
Gopal Krishna Yadav and two other
police personnel were suspended for
dereliction of duty.10
On 27 April 2011, three persons
were killed and and 22 injured in police
firing at anti-encroachment protesters
at Matkoria in Dhanbad district.11
The death toll reached to five on 28
April 2011. The police fired upon
the locals who resisted demolition/
eviction of their houses from the
alleged encroached land belonging to
Bharat Coking Coal Limited (BCCL)
at Matkoria under Kenduadih police
station.12
The Naxalites were responsible
for violations of international
humanitarian law during January
to June 2011. Suspected Naxals
allegedly killed nine members of two
families, including three minors, in
two villages namely Taisera and Bunta
Mahua Toli in Gumla district on 6
January 2011;13 a 47-year-old farmer,
Budhan Marandi on the charge of
being a police informer at Jasaiya
village under Mahuatand police
station in Bokaro district on the night
of 12 January 2010;14 Hawaldar
Singh and Awdesh Singh following a
trial at a “Jan Adalat” under Manika
police station in Latehar district on
the night of 16 January 2011;15 and
two persons identified as Guddu Ram,
alleged member of Tritiya Prastuti
Committee and Bhuneshwar Yadav,
a villager, at Inatu village in Latehar
district on the night of 3 March
2011;16 Manoj Ojha, a Reliance Power
official at Tandwa in Chatra district
on 6 April 2011,17 two villagers
identified as Charku Singh (45 years)
and Harbar Singh (34 years) at Harhe
village in Latehar district on the night
of 10 April 2011,18 and two villagers
identified as Vishanath Yadav (30)
and Ajay Thakur (32) at Lavadag
village in Palamau district on 17 April
2011.19
indigenous peoples
The land rights of the indigenous
peoples were grossly violated. On 8
April 2011, Jharkhand’s Minister of
Revenue and Land Reforms, Mathura
Prasad Mahato instructed officials of
his department to restore ownership
of tribals on land that have been
illegally bought by non-tribals. Tribal
lands have been bought by nontribals across the state including in the
state capital (Ranchi) and important
cities like Bokaro, Dhanbad and
Jamshedpur.20
A dam is being built across Chata
river under Karra block of Khunti
district and the farm lands of the
villagers including tribals are being
acquired without their consent. On
22 February 2011, Dam Prabahvit
Sangharsh Samiti alleged that Triveni
Engicons Private Limited conducted
a bhumi-pujan (inauguration) on
10 December 2010 and began the
construction work two days later near
the Chata River. The villagers of Jabra
alleged that their farm lands were
being acquired without any survey or
compensation.21
In February 2011, Ministry of
Environment and Forests overruled the
recommendations of Forest Advisory
Committee (FAC) to provide clearance
for diversion of 595 hectares of forest
land for mining in the Chiria mine area
in Paschimi Singhbhum district. The
mines will supply iron ore to the Steel
Authority of India Limited (SAIL) for
the next 20 years.22
The indigenous peoples’ human
rights defenders came under scrutiny
of the government for their works
for rights of the indigenous peoples.
On 23 June 2011, intelligence
officials visited the home of Gladson
Dungdung, human activist and
member of a Planning Commission
sub-committee, in Ranchi and
questioned him about his alleged
involvement or association with antinational organisations.23
On the other hand, as many as 218
tribal activists are still facing charges
in Bihar for demanding the creation
of Jharhhand, according to Jharkhand
Andolankari Morcha.24
women
Reports suggest that there is
an increase in domestic violence in
Jharkhand with 50 per cent of women
being subjected to domestic violence at
home. Pregnant women are the worst
victims. The main reasons include
desire for male child, resistance against
abortion of female foeticide and
because of denial of physical intimacy,
men beat up their wives when they are
pregnant. Yet, it is stated that less than
one per cent of domestic violence cases
are reported to the police.25
Most of the calls received at the
Women’s helpline centre sponsored
by the Department of Social welfare,
Women and Child development,
Government of Jharkhand situated at
capital Ranchi were related to domestic
violence against women. 127 out of
total 321 cases (39.56%) registered
by the women’s helpline from 1
April 2010 till 31 March 2011 were
related to domestic violence. The 127
cases, which poured in from districts,
including
Godda,
Hazaribagh,
Gumla, Khunti, Dumka and Palamau,
included disputes between women and
their mothers-in-law and adulterous
husbands.26
On 25 April 2011, a 23-year-old
woman allegedly set herself on fire at
her Birsanagar residence in Jamshedpur
district due to alleged repeated torture
by her husband.27
States Round Up
the child
VII. Violatiosn of ESCRs
The rights of the child were
violated with impunity both by the
State and the non-state actors. On
7 March 2011, the Supreme Court
directed the state government of
Jharkhand to make sure that all the
schools and hostels were free from
the occupation of security forces
within two months. The counsel of
the Jharkhand government stated
that 26 of the 47 schools had been
vacated by the para-military and state
police and sought another six months
to fulfil the apex court order.28 On
27 June 2011, two CRPF personnel
identified as constable Sushil Kumar
and havildar Gurwinder Singh of
the 134th battalion were arrested in
Ranchi for allegedly molesting a 14year-old girl, a student of Class VI in
an auto rickshaw.29
The Maoists also denied education
to the children. On 26 January 2011,
suspected Maoists blew up a Middle
School at Chadara village in Palamau
district thereby disrupting education
in the school.30 On 6 June 2011,
the Maoists allegedly destroyed the
Government High School building
with bulldozers at Kaura village in
Pratappur block in Chatra district.31
On the night of 17 June 2011, Maoists
blew up a private high school, Lohiya
Samta High School, at Ketar village
under Bhavnathpur police station in
Garhwa district.32
There are an estimated 40,7200
child labourers in Jharkhand ranging
from age of five to 14 years. Apart
from household works, these children
work in numerous eateries, dhabas and
hotels.33 Child abuse is also reported
to be rampant in the state.34
The right to education of the
children has been negatively impacted
due to lack of basic facilities in
schools and scarcity of teachers.
The state government of Jharkhand
appointed about 80,000 para-teachers
(contractual) under the Sarva Siksha
Abhiyan but there are still 30,000
vacancies.35
Schools in Jarkhand lacked water
facilities so much so that on 28
February 2010, mid-day meal was
stopped at five government-run
primary schools in Mango and Dimna
in East Singhbhum district due to the
water crisis affecting around 1,000
underprivileged children. A week
earlier, mid day meal was stopped
for similar reason at Dhusra Primary
School in Patamda in East Singhbhum
district for a week affecting over 300
children. 36
On 1 March 2011, the State
Assembly was informed that there were
only two teachers out of 10 sanctioned
in each of Swami Shradhanand High
School in Tikar and Anugraha Narayan
Uchha Vidyalaya, Pilit in SeraikelaKharsawan district. The strength
of students at Swami Shradhanand
High School in Tikar and Anugraha
Narayan Uchha Vidyalaya, Pilit was
836 and 771 respectively. 37 It has
also been reported that at Kataiya
Primary School in Chanho block of
Ranchi district, there were only two
para teachers (temporary) to teach
72 children of five classes. Worst, the
school building has only two class
rooms. As a result, students of Classes
I and II have to share one room, while
those of Classes III, IV and V sit in
another. 38 n
53
54
States Round Up
Karnataka
I. Highlight: Violations of the
rights of the Dalits
T
he Dalits continued to face
physical atrocities and social
ostracization by the upper castes.
Last year, seven Dalit families
were ostracized by the upper caste
Lingayat community for refusing
to clean streets, to dispose off dead
animals, dig graves and beat drums
during festivals like their ancestors at
Keragodu village in Arkalgud taluk in
Hassan district. The panchayat issued
a diktat that no villager should talk to
any member of these seven boycotted
families and violation would attract a
fine of Rs. 50. As a result, the Dalits
were denied basic facilities like water
from the village well, medicine and
other daily needs from the village
shop. The social boycott of the Dalits
in the village continued even today.1
At Bisilehalli village in Tumkur
district, the barbers allegedly refused
to cut the hair of the Dalits or kept
separate scissors and combs to trim
their hair.2
On the night of 3 March 2011, two
Dalits identified as Narasimhaiah (45
years) and Hanumanthaiah (38 years)
were attacked allegedly with sticks
and sickle by a group of six people
at Hosahalli of Chikkanayakanahalli
taluk in Tumkur district. The victims
alleged
that
Chikkanayakanahalli
taluk panchayat member Jayanna, and
residents Mesthri Rajanna, Basavaraju,
Chandrashekar, Omkar and Thimmaiah
attacked them.3
On 1 January 2011, hundreds
of Dalit families were reportedly
ostracized by the upper caste villagers
of Harijankere of Antur-Bentur village
in Gadag district for supporting a
Bharatiya Janata Party candidate in the
Zilla Parishad election. The polls were
just an excuse as the Dalits have been
treated as untouchables in the village
even before the polls. The Dalits were
denied water, entry into temples and
hotels after the election.4
The
Dalits
were
allegedly
denied entry into the post office
at Melanthabettu village under
Betlhangady taluk in Dakshina
Kannada district. They were forced to
carry out transaction from outside the
post office. As a result, elderly Dalits
were forced to wait outside the post
office for their pension, often in the
hot sun.5
On 3 January 2011, the Karnataka
Rajya Dalit Sangharsh Samiti (KRDSS)
criticised the State Government for
not utilising the funds allocated for
the welfare of Dalits in the budget
for 2010-11. KRDSS convenor
Lakshminarayana
Nagavara
told
reporters that the State Government
had announced programmes for
Scheduled Castes and Scheduled Tribes
to the tune of Rs. 3,268 crore and Rs.
1,342 crore respectively but only 37
per cent of the total allocation for SC
welfare programmes and 27 per cent
on ST welfare programmes had been
utilized as of 3 January 2011.6
political rights
The law enforcement personnel
were responsible for violations of civil
and political rights.
On 6 February 2011, the police
personnel allegedly tortured a youth
identified as Mohammed Ashraf
after taking him to the Kadaba Police
Station in Puttur taluk in Dakshin
Kannada district for “questioning”
with regard to theft of rubber sheets.
The victim alleged that four officials,
including a Sub Inspector, beat him in
the police station. While three of the
officials held the victim’s legs, the Sub
Inspector beat him on the soles of his
feet with a lathi. Later, they allegedly
poured petrol on the victim’s private
parts and threatened to set him on
fire if he did not confess to the crime.
The victim was released on 7 February
2011 after the police took signatures of
his, his mother and his aunt on blank
papers.7
Ganganna Sharanappa Pujar died in
police lock-up in Nelogi in Jewargi
taluk in Gulbarga district. He was
brought to the Nelogi police station
for questioning in connection with
mysterious circumstances in which
his wife, Yellamma (25 years), went
missing a week earlier. Police stated
that the deceased was found hanging
in the cell of the police station. While
the police claimed that the deceased
was brought to the police station
for question on 1 March 2011, the
mother of the deceased claimed that
the police had picked him up from
his house at Itaga village in Jewargi
taluk on 28 February 2011. Three
police personnel, including SubInspector of the Nelogi Police Staiton
H.R. Nadagaddi and constables
Mallanna and Dilip were placed
under suspension in connection with
the custodial death.8 They were later
arrested on 3 March 2011 arrested on
charge of wrongful confinement of
the deceased.9 The state government
ordered an inquiry by Criminal
Investigation Department (CID) into
the incident.10
the indigenous peoples
In June 2010, the Karnataka
government opposed UNESCO’s
nomination of the Western Ghats as
a heritage site on the ground that the
rights of the tribals could be violated
and that forest dwelling communities
could even face eviction.11 This is a
welcome step, but it is ironic that the
state government has done precious
little to ensure the forest rights of the
tribals. As per the latest figures with the
Ministry of Tribal Affairs, Karnataka
is at the bottom of the ranking of
States in implementing the Forest
Rights Act, 2006. Of the 1,63,090
applications received from individuals
and communities to claim title deeds
on forest land, only 6,522 title deeds —
or 3.99 per cent — have been granted.
As many as 1,43,825 claims have been
rejected since the Act came into force
in 2006.12
by her principal at Mukunda Public
School in Bangalore.15 On 31 January
2011, a girl, daughter of Geetha Maria
Lobo, was beaten up by her physical
education teacher at a reputed convent
school in Mysore. Ms. Lobo who filed
a complaint with the Juvenile Justice
Board stated that her daughter had
scars and clots on both hands.16
Activists stated that child trafficking
was rampant in Dakshina Kannada
district. On 24 March 2011, child
rights activist Renni D’Souza stated
that the child trafficking prevention
committee set up by the Department
of Women and Child Development
had not met even once in the past three
years.17 Nearly 550 school and collegegoing girls reportedly went missing in
Mysore district in 2010.18
On 23 March 2011, nine bonded
labourers of the same family were rescued
from a brick kiln near Hosahudya in
Chikkaballapur district.19
the child
V. Violations of ESCRs
The rights of the child continued
to be violated. On 27 January 2011,
the state government issued a stern
warning to education department
officials to ensure that students are
not subjected to corporal punishment
and sexual harassment.13 This order
was issued following the death of
a Class VIII student, Ahmed Fayaz
(14 years) who was forced to run
in the school play ground by the
headmaster of New English school,
a private school in Uttara Kannada
district as punishment for reaching
school late.14
On 17 January 2011, a threeand-a-half- year-old girl was allegedly
stripped and made to sit on a bench
On 11 April 2011, the Karnataka
High Court directed the state
government
to
complete
the
construction of toilets in all the
schools and provide potable water
by 31 December 2011. The State
government in its affidavit stated that it
would construct toilets and provide safe
drinking water in all the pre-primary,
primary and secondary schools.
According to the statistics provided by
the state government, of the 40,000
primary schools in the State, 5,447
don’t have access to drinking water
and 5,587 don’t have toilets. As many
as 12,100 secondary schools have no
access to drinking water while 2,500
do not have toilets.20
States Round Up
Earlier while replying to a question
on 25 February 2011, Education
Minister Vishweshwara Hegde Kageri
informed the State Assembly that 2,285
primary and higher primary schools
and 566 high schools in Karnataka had
no drinking water facility, while 1,306
high schools had no toilets.21
ii. Farmer Suicides
Government statistics show that
as many as 2,597 farmers committed
suicide in the state between 2003
and 2010 and the highest number
has been reported from Hassan
district (268 farmer suicides).22
On 4 February 2011, 12 farmers
attempted to commit suicide by
consuming pesticide at the tahsildar
office in Jewargi taluk in Gulbarga
district. They were part of the
Gulbarga District Raita Raitha
Horata Samiti who demanded
intervention of the State government
to help stabilise prices of red gram.23
On 17 March 2011, Madaiah (45
years), a farmer belonging to Soliga
tribal community, committed suicide
by hanging from a tree, about
10 km from his village Haravanahalli
Koppalu in K.R. Pet Town Police
Station limits in Mandya district.24
Another farmer identified as Jaganath
(37 years) committed suicide by
consuming pesticide at his house at
Kodegenahalli Gutte in Madhugiri
taluk in Tumkur district on 15 April
2011, for his inability to repay bank
loan of Rs. 23,000 and Rs. 2 lakh
loan from moneylenders.25
On 6 June 2011, Irappa Jatta Naik,
a farmer, died under mysterious in
Katagarkoppa Kerehonda in Bhatkal
taluk in Uttara Kannada district after
his farms were allegedly destroyed by
forest officials.26
55
56
States Round Up
iii. NREGS
Officials admitted that the state
government had utilized only Rs.
900 crore out of total Rs. 4,870 crore
released by the Centre under National
Rural Employment Guarantee Scheme
(NREGS) as of 27 January 2011
when G. Karunakara Reddy, Minister
for Revenue directed the officials to
immediately identify projects that could
be taken up under the scheme and fully
utilize the funds before the end of the
financial year.27
On 10 March 2011, H. Venkatesh,
Ombudsman for NREGS stated that
about Rs 40 lakh had been misused in
Shimoga district in 2010-11. He said
that 17 gram panchayat secretaries, a
Junior Engineer of the zilla panchayat
and an officer of the Agriculture
Department were suspended while
criminal cases were registered against
four persons in connection with
corruption in the job scheme in the
district.28
In April 2011, 43 labourers from
Betageri village in Koppal district
filed a case in the labour court against
officials for not releasing their wages
for the works done under NREGS
in 2009-10.29 In June 2011, the
Hassan Zilla Panchayat filed criminal
complaint against 26 officers of the
Rural Development and Panchayati Raj
Department and 12 gram panchayat
presidents in connection with the
misappropriation
of
MNREGS
30
funds.
In view of lack of proper utilization
of the funds, the Central government
has reportedly decided to cut down
the grants to the State under the
NREGS. The State will be receiving
Rs 1,972.97 crore for 2011-12, as against
Rs 2,107.93 crore last year.31 n
Kerala
I. Highlight: Kerala High
Court warns CBI against
interfering in custodial death
investigation
T
he Central Bureau of Investigation
(CBI) is investigating into
the custodial death of an undertrial
identified as Sampath who died police
lock up at Town North Police Station in
Palakkad district in March 2010. There
have been allegations that senior CBI
officials were interfering into the
investigation allegedly to protect the
accused police officials who included
Indian Police Service officers. On 24
January 2011, the Kerala High Court
asked three senior CBI officials to stop
interfering into the investigation or face
contempt proceedings. Justice V Ram
Kumar stated that CBI Joint Director
Ashok Kumar, Superintendent of
Police (SP) Shiny, Assistant SP Nanda
Kumaran Nair were interfering with
the investigation team. The judge also
condemned the “unsuccessful attempt
by CBI SP Shiny” to meet him in his
chamber.1 Having come under scathing
criticism from the High Court the CBI
approached the Supreme Court on 28
February 2011 to expunge the stinging
observations made by the High Court
against the CBI.2
Earlier, on 22 December 2010,
the Kerala High Court had asked the
chief investigating officer to directly
submit a report in every three weeks
to the Chief Judicial Magistrate,
Ernakulam following allegations that
some superior officers in the CBI were
pressurizing the investigating officer
from acting against the accused police
officials, two of whom are said to be
from IPS.3
On 24 March 2011, the Ernakulam
Chief Judicial Magistrate Court
remanded in custody till 28 March
2011 four police personnel arrested
in connection with the custodial
death of Sampath. The arrested police
officers are C.K. Ramachandran, a
Deputy Superintendent of Police;
Unnikrishnan and Ramesh, both
Sub-Inspectors; and Shyamaprasad, a
constable.4
political rights
On 11 February 2011, two persons
namely Sanal (a Dalit) and Jenson were
allegedly illegally arrested and tortured
by the police at Anthikadu Police
Station in Thrissur district. The victims
were allegedly tortured inside the police
vehicle on the way to police station as
well as at the police station. The victims
further alleged that the police refused
them water or food when asked. They
were released the next day, and had to
be hospitalized.5
On 7 June 2011 at 8.30 p.m, a
police team led by Sub Inspector B.S.
Sajikumar arrested Riaz, 26 years,
Vallakadavu unit secretary of the
Democratic Youth Federation of India,
from Statue in Thiruvananthapuram.
He was arrested in connection with the
assault of one Abilal at Eenchakkal on 5
June following an altercation between
them on the road. The family members
of Riaz alleged that he was tortured by
the police in their vehicle and later at
the Fort police station. The victim was
released on bail at around 2.30 p.m.
the next day. Following release, he was
admitted to the General Hospital with
serious injuries.6
The brutal assault on V B Unnithan,
senior reporter of Malayalam daily,
Mathrubhumi, by a gang of unidentified
assailants while returning from work in
Kollam on 16 April 2011, once again
brought to the fore the insecurity of
the journalists in Kerala. The assailants
left him with multiple fractures in
his legs, hands and ribs. On 22 May,
Crime Branch Deputy Superintendent
M Santhosh Nair was arrested for
allegedly hiring assailants to attack
Unnithan to settle personal scores. The
journalist had written stories against
the police officer.7
indigenous peoples
On 22 March 2011, the tribal
people of Veerannur hamlet at
Chindakki launched agitation against
construction of “unauthorised resort”
near their hamlet in the buffer zone of
Silent Valley National Park in Palakkad
district. The hamlet is inhabited by
extremely vulnerable tribal groups,
Kurumba and Muduga. The owners
of the resort claimed that they bought
two acres of land on 9 April 1999 as
per the Forest Tribunal Order of 1972.
But, the tribal head of Veerannur
hamlet Velli Mooppan alleged that the
resort owners had bought two acres of
alienated tribal land owned by his family.
The road to the resort passed through
the hamlet which created problems for
the tribes living in the colony since the
resort started functioning last year.8
In a welcome development, on
7 February 2011, Forest Minister
Benoy Viswom announced that the
State government would withdraw in
two weeks all cases registered against
tribal people under the forest laws,
except those involving poaching and
sandalwood smuggling, among others.9
Pursuant to the announcement, on 21
February 2011, the Forest Department
issued orders for withdrawal of cases
against tribal people involved in minor
forest offences.10
The tribal women were sexual
exploited by the non-tribals. On
23 April 2011, the Anti-Human
Trafficking Cell of the state government
filed 21 First Information Reports
(FIR) on charge of rape against nontribals (under the SC/ST Prevention
of Atrocities Act) on complaints from
‘unwed’ tribal mothers at Attappady
tribal area in Palakkad district. The
Anti-Human Trafficking Cell identified
48 cases of ‘unwed mothers’ from 21
tribal hamlets in Attappady alone.11
States Round Up
from one woman that her two-yearold baby had been held captive in the
orphanage called Snehalayam at Paravur
in Ernakulam district, the police rescued
19 children, aged between 1 and 16
years, who were kept there without
any authorization on 18 March 2011.
The rescued children included 10 boys
and 9 girls. During the search, many
fake seals of official designations were
also recovered. The police arrested V.A.
Hakim, a lawyer, Premalatha, director
of the institution, and Rathi, warden of
the institution.14 The police confirmed
that an incident of infant trade was
brought to light after the police raided
the Snehalayam orphanage.15
VI. Violations of ESCRs
i. Ban of Endosulfan
the Dalits
The Dalits suffered from entrenched
discrimination and social ostracisation.
It is alleged that a day after A K
Ramakrishnan, a Dalit, retired as
Inspector General of Registrar on 31
March 2011, his office was “purified”
by cleaning with cow dung and
water. Based on a complaint by A K
Ramakrishnan, the police arrested
three officials of the state’s Registration
Department on 20 April. The Kerala
State Human Rights Commission
also sought a detailed report from the
Registrar General on a complaint from
A K Ramakrishnan.12
the child
Kerala has its own problems of child
labour. In the first week of June 2011,
more than 90 children were rescued in
Thrissur district in a drive against child
labour.13 Earlier, following a complaint
On 29 April 2011, the Conference
of Parties to the Stockholm Convention
in Geneva banned production and
use of Endosulfan and its isomers
worldwide, with some exemptions.
India which is party to the Stockholm
Convention since 2006, supported the
ban after its concerns about exemptions
and financial assistance were addressed.
However, exemptions will be available
for five years, extendable for another
five years.16
Nonetheless, the stand taken
by India is significant considering
that India had opposed the ban of
endonsulfan at the meeting of the
Review Committee of the Stockholm
Convention in October 2010 saying
the recommendation for its ban has
no scientific basis. The Commission
opined that the Government of India’s
position continues to lead to “grave
violations of human rights”.17
Earlier, on 31 December
2010, the NHRC had made
57
58
States Round Up
recommendations to the Government
of India to take administrative and
legislative action to ban the use of
endosulfan, among others.18 On 24
July 2002, the National Institute
of Occupational Health (NIOH)
of the Indian Council for Medical
Research submitted its report to the
NHRC which found high incidence
of the health disorders of very serious
nature due to use of endosulfan.19
An independent investigation by the
NHRC in December 2010 confirmed
a continued high incidence of the
medical disorders recorded by the
NIOH, and found that the relief
sanctioned by the Government of
Kerala has made very little impact
because it is meagre, irregular and
sometimes siphoned off before it
reaches the intended beneficiaries.
Ironically India opposed the ban of
endonsulfan at the meeting of the
Review Committee of the Stockholm
Convention in October 2010 saying
the recommendation for its ban has
no scientific basis. The Commission
opined that the Government of India’s
position continues to lead to “grave
violations of human rights”.20 n
sector from Jabalpur district remained
untraced even after four years.2 In the
same month, State Home Minister
Umashankar Gupt admitted in the
State Assembly that at least 472 cases
of kidnapping of girls were registered
in Bhopal City alone in the last one
year.3
Children
were
engaged
in
various works. However, the Labour
Department found only two child
labourers during 2009-10. The
department had reportedly conducted
3,099 inspections, but failed to notice
child labourers, which were visible to
any common man on any day. According
to Muskaan, a NGO working for under
privileged children, there were at least
5,000 child labourers working on the
roads, at eateries, shops, residences, etc
in Bhopal alone.4
explain if there were other such cases
in the State. The apex court passed
the direction on a petition filed by the
prisoner Chhotte Lal challenging his
continued incarceration despite serving
the two-year sentence awarded to him
by a trial court at Bhind under the
Arms Act on 24 February 2001.5
The police were responsible
for illegal detention and torture.
human rights violations by the state
police.
At least one person died due to
alleged torture. On 15 February 2011,
Dalit Pawan Suryavanshi (19 years),
arrested on theft charges, died due to
alleged torture at Neelganga police
station in Ujjain district. The deceased
was arrested on 12 February 2011.
The police claimed that the deceased
committed suicide, but deceased’s
relatives alleged torture, resulting in his
death.6
On 16 January 2011, a woman
identified as Ms Poornima was taken
to Kotwali police station in Gwalior
district where she was allegedly
misbehaved and detained for 36 hours.
Madhya Pradesh
I. Highlight: Minor girls
trafficked for prostitution
The rights of children continued to
be violated in the state. Trafficking and
child labour were pressing issues facing
the children, apart from physical and
sexual violence.
In March 2011, 21 minor girls
were rescued by police in Maundsar
district after they were kidnapped
for prostitution. The minors were
kidnapped by organized gang from
railway stations, bus stands and temples.
During the rescue operation it was
found that the kidnapped minor girls
were being administered hormones and
steroids for fast growth to push them
into prostitution. The girls were sold
for prices ranging between Rs. 20,000
and Rs. 70,000.1
Many children remained missing.
On 15 March 2011, the Madhya
Pradesh High Court served notices to
the Union Ministry for Women and
Child Development among others
on a PIL seeking direction to set up
a national cell to search for untraced
missing children. According to the PIL,
about 30 missing children belonging
to labour classes in unorganized
political rights
In February 2011, the Supreme
Court taking exception to a prisoner
being forced to languish in jail for
over six years despite completing the
two-year jail term directed the State
Government to file detail affidavit to
On 18 January, the Gwalior Bench of
Madhya Pradesh High Court ordered
a judicial probe into the alleged illegal
detention following a petition filed by
the victim.7
On 8 February 2011, Vinod Shukla
(47 years) was allegedly tortured for
refusing to pay bribe at the Aishbagh
Police Station in Bhopal. On his
refusal to pay a bribe of Rs 50, the
victim was taken to the police station
where he was punched, kicked and
hit with belts during the detention.8
In a similar case, one K. P. Bhargava
was beaten up by Town Inspector
Rajesh Tomar for refusing to pay
money in Gwalior City in Gwalior
district on 23 May 2011.9
indigenous peoples
The state government rejected
2,56,661 claims under the Forest Rights
Act, 2006, which is almost double of
the titles distributed. As on 31 June
2011, the state government received
4,42,539 claims and distributed only
1,43,641 titles.10
Tribal lands continue to be
alienated in the State. On 8 February
2011, Communist Party of India
(Marxist) alleged that all the rules and
regulations were violated to acquire
land from tribals in Anuppur district
for setting up a power project.11
In February 2011, 74 tribal families
of Saheria tribe of Lahroni village
of Karahal Block in Sheopur district
were finally handed over possession
of land entitlement (patta) after
fighting for their rights for eight
years. In 2003, the state government
had given the entitlement to these
families, but not the physical
possession. Their lands were allegedly
grabbed by non-tribals despite the
area under the 5th Schedule, where
tribal land cannot be transferred to
non-tribals.12
Tribal women were targeted for
sexual abuse. According to official
estimate, out of a total of 2,191 rape
cases, including 209 gang rapes and 31
cases of murder after rape, reported in
the state from 15 February 2010 to 31
January 2011 majority of the victims
belongs to Schedule Tribes (828 cases).
Of the total of 31 murders after rape,
15 were tribal women.13
IV. Violations of the ESCR
i. Right to health
On 15 March 2011, State Public
Health and Family Welfare Minister
Narottam Mishra stated before the
State Assembly that Madhya Pradesh
was exceptionally performing well in
the health sector.14 However, this sits
uneasily with reports of high incidence
of maternity deaths and malnutrition
among children. In January 2011,
a team of National Commission for
Protection of Child Rights visited
Nehargada, Jariyakala, Dagbav and
Pohri villages in Shivpuri district
following reports of five children who
died of malnutrition.15
A survey conducted by the Women
and Child Development Department
and other agencies from 15 December
2010 to 7 January 2011 revealed that
over 6000 tribal children, aged 0-6
years, were living in various makeshift
houses at construction sites in Indore
City for years and were out of the
ambit of government schemes. About
14 per cent of them were found to
be malnourished and two per cent of
them fall under severely malnourished
category.16
States Round Up
According to the Commission
constituted by Chief Minister Shivraj
Singh Chouhan for the welfare of the
poor to eliminate poverty, the state
government had provided education
opportunities to more than 26 lakh
children during 2009-10 and 201011.17
However, the provisions of the
Right to Education Act (RTE),
2009 could not be implemented
in letter and spirit. The existing
teachers remained insufficient for the
implementation of RTE Act. In April
2011, School Education Minister
Archana Chitnis stated that the State
Government assessed that 1,03,687
additional teachers will be required
for implementing the RTE Act in the
state.18
Worst, there was lack of awareness
about the provisions of the RTE Act.
A survey conducted on 83 schools
in seven districts namely Bhopal,
Jabalpur, Guna, Morena, Shivpuri,
Dewas and Sehore revealed that 26
per cent members of Parent-Teachers
Association (PTA) had never heard
about the RTE Act. About 44 per cent
school principals were not aware of the
25 per cent reservation provision for
children from economically backward
class. Further, in the study area of seven
districts, 16 per cent did not have a
Middle School and only 15 teachers
in the 83 schools surveyed received
training for the implementation of
RTE Act.19
Children drop-out rate remained
high in the state. On 29 March 2011,
Education Minister Archana Chitnis
stated before the State Assembly
that the drop-out rate for students
at primary level was 10.3 per cent
59
60
States Round Up
in 2009-10 and at middle level was
9.4 per cent in the same period. The
Minister further stated that there was a
decline in the numbers of boys enrolled
at primary level from 2007-2010.20
Poor quality of food was being
served to school children. On 20 January
2011, a girl child died and over a dozen
other school children complained of
stomachache after they were allegedly
served contaminated food under the
midday meal scheme in Government
Primary School at Sindhokar village in
Morena district.21
Children were deprived of education
due to lack of schools. For instance, the
children of Bhilala tribe in Bhimkhoti
village, a far-flung jungle area under
Sehore district remained uneducated for
years due to lack of a school. In January
2011, the tribals worried about their
children’s future constructed a school
with one teacher. There were about 45
children in the village.22
iii. Right to work
In April 2011, hearing a petition
filed by the Delhi-based Centre for
Environment and Food Security
(CEFS), the Supreme Court issued
notice to state government of
Madhya Pradesh over corruption in
the implementation of NREGS job
schemes. The CEFS in its survey had
found massive corruption and serious
irregularities in the implementation
of the NREGS in five poorest
districts of the state namely Shivpuri,
Chhattarpur, Tikamgarh, Dhar and
Jhabua. The survey revealed that only
about 25 per cent of the NREGS funds
were spent on actual employment,
while the remaining 75 per cent were
spent on fake job entries in muster
rolls and job cards. About Rs 2,100
crore was allegedly siphoned off and
misappropriated by executing officials
of the implementing agencies.23
Corruption was reportedly found at
all levels of the implementing agencies.
The state government claim to have
initiated penal action against two
Collectors, six Zila Panchayat CEOs,
109 Janpad Panchayat CEOs, seven
executive engineers, 67 assistance
engineers, 208 sub engineers and
22 other officers and employees on
account of irregularities at the end of
May 2011. In addition, legal action was
taken against 728 Sarpanchs and 908
gram Panchayat sachivs, coordinators
and gram sahayaks.24 n
Maharashtra
I. Highlights: Repression
against human rights defenders
I
n Maharashtra, ruled by the
Congress-Nationalist
Congress
Alliance, democratic space continued
to shrink as human rights defenders,
right to information activists,social
activists
and
media
personnel
increasingly came under attacks.
The government misused the
draconian provisions of penal and
security laws to gag voice of human
rights defenders. On 3 January 2011,
police arrested Mumbai-based well
known Dalit activist and editor of
Vidrohi magazine, Sudhir Dhawle
(42 years) in Wardha on charges of
waging a war against the State. Mr.
Dhawle, also a freelance journalist,
was accused of having links with
the banned Communist Party of
India (Marxist-Leninist) and has
been booked under Section 121-A
of the Indian Penal Code, read with
sub-sections 17, 20 and 39, and
under
the
Unlawful
Activities
1
(Prevention) Act.
The
Ratnagiri
district
administration clamped prohibitory
orders in the Jaitapur nuclear power
project area to prevent social activists
from entering the area even for public
meetings. On 25 March 2011, police
prevented social activists Gopal
Dukhande from entering Mithgavane
village near Jaitapur.2
Social activists fighting against graft
increasingly came under attacks. These
included attack on Right to Information
activist Arun Mane by unidentified
assailants at Talegaon Dabhade, village
near Pune on 2 January 20113; attack
on RTI activist Yashwant Gavand
on 2 January 20114; attack on RTI
Santosh Daundkar on 19 February
2011 allegedly by assailants hired by a
Mumbai-based construction company
against which he had complained to
the authorities.5
Freedom of press suffered the
worst. On 17 May 2011, Tarakant
Dwivedi alias Akela, a reporter for
Mid-Day tabloid was arrested and
charged with criminal trespass under
the Official Secrets Act allegedly for
writing a story about sophisticated
weapons being stored in a room
with a leaking roof at Chhatrapati
Shivaji Terminus in Mumbai.6
On 11 June 2011, Jyoti Dey
(56 years), veteran investigative
journalist with the Mid-Day tabloid,
was shot dead by unidentified gunmen
in Powai, Mumbai.7
political rights
During
January-June
2011,
ACHR
documented
cases
of
violation of civil and political rights
in Maharashtra. The cases included Sachin Khopkar (24 years), a resident
of Mhada Colony in Bharat Nagar,
Mumbai, who was beaten to death
allegedly by a police patrol team
on 8 April 20118; Waman Madvi
(87 years), resident of Naupada
locality in Thane who was murdered
by a police constable attached to the
Anti Extortion Cell of Thane police
Ravi Parab on 9 April 20119; eight
persons who were part of a procession
celebrating Ambedkar anniversary
and injured in police lathicharge in
Solapur on 17 April 201110 and 61
tribal youths, who were arrested
from Maharshtra’s Gadchiroli district
for alleged links with Naxals, and
continued to be lodged in different
jails in Maharashtra for more than
2 years without being charged or
being produced before the court11.
Proceedings in the alleged fake
encounter killing of Ram Narayan
Gupta alias Lakhan Bhaiya in 2006
continued. On 8 March 2011, a local
court in Mumbai framed charges
against 22 accused, including encounter
specialist Pradeep Sharma, in the alleged
fake encounter of the victim.12 That the
state police has scant respect for human
rights including the right to life was
established from the fact that during
a farewell parade organized in his
honour on 26 February 2011, outgoing
Maharashtra Director General of Police
(DGP), D Sivanandan, expressed
concern over Maharashtra being one
of the states with highest numbers of
custodial deaths.13
III. Abuses by AOGs
Naxalites were responsible for killing
of civilians. The victims included – 10
people of marriage party, six of whom
were killed and four grievously injured
when their vehicle was blown up in a
landmine explosion by Naxalites near
Dhanora in north Gadchiroli district on
5 May 201114 and Sharad Narote (23
years) from Regadi village and Rakesh
Pohi (22 years) from Karmatola, who
were shot dead in the interiors of Ghot
on the eastern border of Gadchiroli
on the suspicion that they were police
informers on 10 June 2011.15
indigenous peoples
Justice continued to elude victims
of atrocities belonging to the Scheduled
Tribes. Over 5,000 cases under the
Protection of Civil Rights Act, 1955
and Prevention of Atrocities Act, 1989
are pending in Maharashtra. Around
700 cases were disposed of in 2010 with
only 34 convictions. The conviction
rate being 4.52 percent continued to
be low though it was an improvement
over 2.91 percent in 2009.16 Most
accused usually get bail when they
prefer an appeal, even if convicted.
Anish Trivedi, a newspaper columnist
got bail soon after his conviction
under the Prevention of Atrocities Act
on 28 January 2011 in Mumbai. The
accused was sentenced to six months
imprisonment and fined Rs. 25,000
under Section 3 (1) (x) of the Act for
insulting members of the Scheduled
Caste in one his articles, ‘Children of a
lesser god’ of 30 April 2006.17
None other than the Supreme
Court of India could have better
depicted the extent of discrimination,
ill-treatment and denial of justice to the
States Round Up
tribal people in the country. Dismissing
an appeal of four upper caste people
against their conviction (Kailas and
Others vs. State of Maharashtra), a
bench of Justice Markandey Katju
and Justice Gyansudha Mishra ruled
that the convicts deserved heavier
punishment.18 The Court criticized
the Maharashtra government for not
seeking harsher punishment against the
four convicts. In 1994, the convicts/
appellants had paraded a 25-year-old
tribal woman naked in Aurangabad
district accusing her of having relations
with one of their family members. The
convicts were sentenced to just oneyear imprisonment.19 This judgement
perhaps prompted the Maharashra
government’s decision on 7 February
2011 to set up special courts in every
divisional headquarters in the state to
ensure speedy trial of cases under the
Protection of Civil Rights (PCR) Act
and the Scheduled Caste and Scheduled
Tribe (Prevention of Atrocities) Act
soon.20
Tribals also continued to face denial
of land rights under the Scheduled
Tribes and Other Traditional Forest
Dwellers (Recognition of Rights) Act.
A total of 3, 39,689 claims, including
3988 community claims, were received
in Maharashtra as of 30 November
2010. Of this, only 1,04,767 claims,
including 423 community claims
covering an area of 2,25,340 acres for
individual claims and 18,964 acres for
community claims were accepted while
2,21,795 claims — including 1273
community claims — were rejected.
The contention of the authorities for
rejection of majority of claims was that
those were false claims.21 Aggrieved
with mass rejection of their claims,
hundreds of tribals from various parts
61
62
States Round Up
of Maharashtra went to Mumbai
and took in protest march against the
non-implementation of the Forest
Rights Act.22
National Alliance of People’s
Movements (NAPM) claimed that
609 hectares of land belonging to 97
adivasi families had been forcefully
bought by Lavasa Corporation
Limited (LCL) and their agents. On
17 May 2011, ten adivasi families
submitted applications to Maval Taluk
Sub-Divisional Officer under the
Adivasi Land Restoration Act, 1974
seeking restoration of their land.23
V. Concern for Environment
and Displacement or
Development
The controversy over the 9900
megawatt Jaitapur Nuclear Power
Project (JNPP) in Ratnagiri district;
Lavasa Hill City near Pune and Mumbai
SeZ projects continue to linger as the
debate over concerns for environment,
displacement and loss of livelihood
vis-à-vis industrial and commercial
development continues amongst the
various stakeholders.
On 18 January 2011, Maharashtra
Chief Minister Prithviraj Chavan made
an emotional appeal for the Jaitapur
nuclear power project even as opponents
from Madban and surrounding areas
boycotted the government meeting
on the JNPP24 and visited the project
site on 26 February 2011.25 Soon after
the Chief Minister’s departure, police
arrested 18 protesters including their
leaders apparently for showing their
opposition to the nuclear project.26 On
6 March 2011, police did not allow
former judges B.G. Kolse-Patil and P.B.
Sawant as well as social activist Vaishali
Patil to enter Ratnagiri district.27 On
17 April 2011, one protestor was killed
while several others, including children,
women and aged were injured in firing
as well beating by police at Sakhrinate
village in Ratnagiri district.28
On 6 January 2011, a team
of officials from the Ministry of
Environment and Forests (MoEF)
inspected the Lavasa hill station project
in Mulsi Taluka of Pune district to look
into alleged violations of Environment
(Protection) Act in the project.29 In
an order on 18 January 2011, the
MoEF held that the construction is
unauthorised involving environmental
degradation and directed that status quo
should be maintained on construction
on project in accordance with its earlier
order of 25 November 2010.30 On 10
June 2011, the MoEF directed the
state government to take action against
the project for the violation of the
Environment (Protection) Act, 1986. It
was found that construction was going
on in 681 hectare area of the 2,000hectare hill station project in violation
of environmental norms. Subsequently
a case was filed by the state government
against Lavasa Corporation Ltd in a
court in Pune.31
In a development highly welcomed
by the farmers, the Maharashtra
government
cancelled
its
land
acquisition process for Mukesh
Ambani’s Maha Mumbai Special
Economic Zone (MSEZ) project in
Raigad district.32 Earlier in 2006,
the state government had earmarked
35,000 acres in 45 villages in Uran,
Pen and Panvel talukas.33
VI. Violence against women
and children
In a remarkable development aimed
at empowering the women, on 14
April 2011 the Maharashtra Legislative
Assembly passed a landmark Bill that
provides 50 per cent reservation for
women in Panchayats, Zilla Parishads,
municipal corporations and councils in
the state.34 It is expected that political
empowerment at local level would
lead to substantial decrease in violence
against women and children. However,
high incidence of violence against
women and children hardly invoke any
optimism. During January-June 2011,
ACHR documented numerous cases
of violence against women and the girl
child. The victims included 12 women
police trainees, who were sexually
assaulted allegedly by drill officer
Yuvaraj Kamble at the police training
academy in Kolhapur35; a 9-year-old
girl, an inmate of a home for destitute
children in Bandra (west), who was
allegedly raped by four fellow inmates
(all minors) for more than a month
inside the home36; a 17-year-old girl,
who was allegedly molested by Vijay
Gokuldas Gujar, a doctor, on the pretext
of examining the victim at his clinic on
7 April 201137; five girls, inmates at a
shelter home at Panvel in Mumbai, who
have allegedly been sexually abused in
February/March 201138; seven girls,
including six minors, who were rescued
from a brothel in Budhwar Peth in
Pune on 13 April 201139; a 17-year-old
girl, who set herself afire after being
allegedly raped by her father’s former
employer and died in a hospital in Beed
on 16 April 201140; a 15-year-old girl, a
resident of Worli Koliwada in Mumbai,
who was allegedly raped allegedly by
six persons at different times and places
in May 201141.
Large number of children also
goes missing every year. Information
accessed through the Right to
Information Act from the Pune police
revealed that an average of 1,100
children went missing every year in
Pune. As many as 4,579 children
under 18 years of age went missing
in last four years from the jurisdiction
of the 38 police stations in the city.
Out of these missing children, 3,437
children have been traced at different
locations or returned home with the
help of strangers. But a staggering
1,142 children — both boys and girls
— are still missing with no clue about
their whereabouts.42
VII. Status of realization of
the Economic, Social and
Cultural Rights
Right to work: NREGS
The National Rural Employment
Guarantee Scheme completes five
years on 2 February 2011 and the
performance record of Maharashtra
remained mixed. Implementation of
the scheme continued to be marred by
graft. Huge amount of funds meant for
NREGS wages were allegedly being
pocketed by officials. In Jawahar and
Mokhada areas in Thane district wages
were paid to be shown to a professor as
a worker under the scheme.43
Right to health
The state health department even
failed to ensure free medicines to
patients under the National Rural
Health Mission, wholly funded by the
central government.44
In January 2011 Maharashtra
government decided to start an
ambulance service to provide immediate
medical assistance to needy persons in
rural areas. The state health department
has decided to deploy 695 ambulances
connecting all the public and private
hospitals in the state. The ambulance
service which is to be operated with the
help of a call center, are to be manned
by paramedical staff and to be equipped
with advanced life support facilities for
cardiac patients or accident victims to
give them immediate treatment on
the way to hospital. 45 This scheme,
however, sits unsuitably with the failure
of state health and medical services
delivery system. During the fiscal
April 2010-March 2011, as many as
138,000 positive cases of malaria have
been reported across Maharashtra, and
Mumbai accounted for nearly 55% of
these cases46.
Infant mortality rate in the
Melghat region of Amravati district
continues to be abysmally high at 48
in 2010-11 considerably higher than
the state average of 33. According to
government figures, out of 6,951 live
births that took place in 2010-11, 335
infants died within a year while 509
child deaths and 20 maternal deaths
occurred during the same period. In
other words, over one child below
six years die every day and nearly two
women dies in childbirth every month.
The state government admitted that
12,259 children below six years in the
region are malnourished to varying
degrees, though experts put the figure
much higher.47
Right to Adequate Housing
Maharashtra being home to the
largest number of urban poor (1.46
crore) received the largest share of
funds — Rs 1,409.69 crore — from the
central government under Jawaharlal
Nehru National Urban Renewal
Mission (JNNURM). However, latest
Union ministry of housing and urban
poverty alleviation figures reveals
that Maharashtra has utilized only
States Round Up
42% of funds released under
JNNURM while a huge Rs 817.63
crore remain unused. The funds under
the scheme are meant to provide
urban poor with improved housing,
water supply and sanitation as well
as to ensure deliver of other universal
services such as education, health and
social security.48 Another housing
scheme in the name of Gharkul Yojna
launched in Arni in Yavatmal district in
April 2010 by the then chief minister
Ashok Chavan with much fanfare was
abandoned. The scheme under which
10 lakh houses for people living below
the poverty were to be built before
31 March 2011 never took off was put
to cold storage with change of guard
as Ashok Chavan had to resign.49
Farmers’ rights
Suicide by farmers continued to be
reported during the reporting period.
According to statistics compiled by
the Vidarbha Jan Andolan Samiti
(VJAS), a NGO fighting for farmers’
causes, the number of suicide by
farmers in the Vidarbha region
reached 178 as of 3 May 2011. In
April alone, 41 farmers ended their
lives in the region.50
Special packages announced by
the Prime Minister and the chief
minister’s office to contain farmer
suicides in Vidarbha failed to meet
their objectives. In a performance
audit report compiled by the
(CAG) of India on various state
government departments and staterun public sector undertakings, the
CAG raised serious questions on the
implementation of some of the special
packages doled out to drought-prone
areas in the Vidharbha region.51 In
63
64
States Round Up
announced the suspension of its 405
officials and employees, who allegedly
indulged in financial irregularities
in the implementation of the Prime
Minister’s Rs.3,750 crore rehabilitation
package for suicide prone districts of
Vidarbha region.52
Maharashtra has around 49,089
primary schools and 27,560 upper
primary schools. But, there are still
904 habitations that do not have
primary schools (Class I to IV) within a
kilometre’s distance, and 1,152 of them
lack upper primary schools (Class V to
VIII) within a radius of three kilometers
as mandated by the Right to Education
Act, 2009. The figures have been
revealed in the three-month mapping
exercise carried out by the state’s school
education department.53 n
Manipur
I. Highlight: NREGA
beneficiaries denied
unemployment allowance
T
he National Rural Employment
Guarantee Scheme (NREGS)
failed to reach a large section of
beneficiaries in rural Manipur. This
was due to various anomalies in
implementation of the scheme. The
workers were denied their wages.
A number of complaints of nonpayment of wages were lodged with
the Commission set up to address
irregularities in the state. As on 11
February 2011, 634 cases were filed
at the Commission for redressal. The
complainants were not paid their
wages even after execution of the
works.1
On 30 March 2011, the Imphal
Bench of the Gauhati High Court
issued a notice of motion to authority
of the Manipur government for nonpayment of unemployment allowances.
The notice was issued in response to
the writ petition filed by 14 job card
holders of Naoriya Pakhanglakpa
Gram Panchayat alleging that the
unemployment allowance due to
them was not cleared despite the
fact that Ombudsman of NREGS,
Imphal West, had issued orders for
awarding them on 13 February 2011.2
According to the complainants, they
had submitted their applications
for work to the Panchayat in 2010.
However, no job was provided to
them within 15 days as required
from the date of submitting their
applications for work.3
Similary, the Imphal Bench of
the Gauhati High Court on 2 April
2011 issued a notice in response to
the writ petition filed by 13 job card
holders of Uchekon Nongchup Gram
Panchayat in Imphal East district
over non-payment of unemployment
allowance.4
On 3 March 2011, about 350
workers of Sangaiyumpham Part II
Gram Panchayat surrendered their
job cards to the Thoubal Deputy
Commissioner complaining that they
were provided job for only seven
days in a year from 2008 to 2011.5
Similarly, job card holders of Tulihal
Gram Panchayat in Imphal East district
did not receive their wages. The job
card holders alleged that the pradhan
of the Gram Panchayat had swindled
their wages and therefore withholding
their wages since 2009. Interestingly,
the pradhan (chief) reportedly made
an oral circular inviting application
from job card holders for more jobs
on 9 March 2011.6
political rights
On 17 January 2011, UN
Special Rapporteur on Situation of
Human Rights Defenders, Margaret
Sekaggya took serious note of the
alleged atrocities being perpetrated
by security personnel on human
rights defenders in Manipur during
her interaction with human rights
defenders in Guwahati, Assam.7
The fight for the repeal of the
draconian Armed Forces (Special
Powers) Act 1958 (AFSPA) by human
rights defender Ms Irom Chanu
Sharmila continued. On 11 March
2011, Ms Sharmila was re-arrested
a day after she was released from
judicial custody.8
Extrajudicial killing, arbitrary
arrest, detention, torture and other
abuses continued. During JanuaryJune 2011, ACHR documented
the following cases of human rights
violations by the security forces.
At least three persons died in
custody during January-June 2011.
On 27 February 2011, Athokpam
Angousana (52 years), picked up on
the alleged charges of supplying arms
to underground outfits, was detained
at the Laphupat Tera Daballo Khong
Police Commando Outpost in
Bishnupur district for interrogation.
On 28 February morning, the victim
was handed over to his relatives in
a critical condition. The victim was
immediately rushed to the hospital,
but he died within hours. The family
members stated that the body of the
deceased had multiple injury marks.9
Two other custodial death vicitims
were Md. Sirajur Rehman (30 years),
son of Md. Gajur Rehman, who died
due to alleged torture in the custody
of Lilong police station in Imphal
district on 14 March 2011 after
his arrest by the combined team of
police and Assam Rifles for allegedly
possessing contraband drugs10 and
Thokchom Ranjit (48 years), picked
up on suspicion of having links
with militants, died due to alleged
torture in the custody of the police
commandos in Imphal East district
on 8 May 2011.11
Other cases of torture not resulting
in death documented by ACHR during
the reporting period included alleged
torture of Md. Qurban (26 years)
after being picked up by a combined
team of 42nd Assam Rifles and police
commandos from his house at Lilong
Leihao-khong in Thoubal district on 3
February 2011;12 and alleged arbitrary
arrest and torture of Thoudam Kapil
alias Amarjeet (20 years), Sarangthem
Thanglemba alias Sanajaoba (26 years)
and Sarangthem Leingakpa (21 years)
on the night of 23 February 2011 by
the personnel of 23rd Assam Rifles at
their camp in Sagolmang, Khewa in
Imphal East district.13
One case of alleged disappearance
was reported. On 18 February 2011
night, Longjam Suresh (son of
Longjam Mangi) disappeared after
being allegedly picked up by armed
men wearing combat uniforms
suspected to be belonging to the army
from his house at Pangal Siphai Mayai
Leikai under Wangoi Police Station
in Imphal West district. Another
person identified as Ch Manglem was
also picked up by the armed men,
but he was released on 20 February
2011. However, the whereabouts of
Longjam Suresh remained unknown
as in June 2011. The victim’s father
had filed a Habeas Corpus petition in
the Guwahati High court.14
On 17 May 2011, Justice P.G.
Agarwal Commission, probing the
July 23, 2009, firing in Imphal city,
submitted its report to the state
government. A pregnant woman,
Rabina Devi, and a former militant,
Ch. Sanjit, were shot dead in the
controversial incident on 23 July
2009.15
In a case of alleged extrajudicial
killing, the Imphal Bench of the
Guwahati High Court ordered
an enquiry by the District Judge,
Manipur East on 30 January 2011
in connection with the alleged fake
encounter killing of seven persons by
28 Assam Rifles at Andro Sanapat
area in Imphal East district in 2009.
The order was in response to a
petition filed by the mother of one
of the victims alleging that they were
picked up from their houses and killed
in a fake encounter.16
The armed opposition groups
continued to be responsible for
violation
of
the
international
humanitarian law including killings
and abduction.
On 15 June 2011, Huidrom
Jiten Singh (45 years), of Yumnam
States Round Up
Huidrom village in Manipur, was shot
dead by identified gunmen suspected
to cadres of insurgent outfit.17
On the night of 4 April 2011,
Oinam Borbabu Singh was shot dead
by unidentified gunmen of insurgent
group for allegedly not paying
extortion money at Wangkhei area
in Imphal East district. The deceased
was working with a private telecom
company.18
The AOGs used exposlive devices.
On 9 February 2011, Havildar
Khaidem Muhi (50 years), escort
commander of an engineer, was
killed and four others – two security
personnel and two labourers –
were injured in a grenade attack by
suspected AOG cadres at the house of
the engineer at Singjamei Chongtham
Leikai in Imphal West district.19
Similarly, Laishram Ratan (42 years),
Headmaster of Kwakeithel Laishram
Leikai Primary School, sustained
injuries when a hand grenade lobbed
by unidentified armed persons
exploded at his house at Kwakeithel
Thiyam Awang Leikai in Imphal West
district on 30 March 2011.20
Abduction by AOGs continued
to be reported. A number of persons
were abduced, some of which included
Naorem Inaoba (30 years), worker
at a stone quary, by five unidentified
armed persons from Thamnapokpi
village in Imphal East district on
9 January 2011;21 failed attempted
abduction of K Manikanta Singh, SubEditor of vernacular daily, “Huiyen
Landapao” by unidentified armed
men suspected to be AOG cadres
while he was returning home after
work on 8 February 2011;22 Sagar
Prasad (13 years), a class IX student,
by suspected cadres of KCP-MC
65
66
States Round Up
from Kangpokpi in Senapati district
for a ranson on 20 February 2011;23
and Thokchom Naobi (31 years),
Up-Pradhan of Ingourok Awang
Leikai allegedly by cadres of KCP in
connection with a monetary demand
from Hijam Khunou near Nongpok
Sekmai on 31 March 2011.24
School continued to be target for
the AOG for monetary demand. On
20 January 2011, KCP-MC allegedly
forced the Don Bosco School at
Langjing in Imphal West district to
close the school over non-payment
of monetary demand. The outfit
demanded Rs 3 lakh from the school
on 31 December 2010.25 Similarly on
27 April 2011, a powerful grenade
was lobbed inside the premises of
Jim Higher Sceondary School at
Sangaiporou in Imphal West district
reportedly for non-payment of
monetary demand.26
Innocent people were targeted
on the alleged charge of providing
shelter to rival groups. Since 23
February 2011, about 300 people
belonging to Meitei community fled
their homes in the Kuki-dominated
pockets of Senapati district following
a quit notice allegedly served by Kuki
National Front (President) outfit.
The outfit accused them of providing
shelter to cadres of rival group,
Kangleipak Communist Party (KCPMilitary Council).27 The Meities
returned after some days after the
outfit assured no harm to them.28
the child
Trafficking of children to outside
Manipur continued to be reported.
In February 2011, it was revealed
during a public hearing organized
by Social Welfare Department,
Government
of
Manipur
in
collaboration with Child Welfare
Committee, Tamenglong that as many
as 60 children from the north east
states were trafficked to unrecognised
children homes in Maharastra from
2006 to 2008. Out of these 60
children, 30 children were from
Tousem Sub- Division of Tamenglong
district, the rest are from Assam and
Nagaland. The children aged between
six to fourteen years were taken away
promising free and better education.
Out of the 30 children, 25 were
identified.29 On 7 June 2011, at least
19 children from Tamenglong district
were brought back to the State.30
On 12 June 2011, five children
were rescued by police with the help
of activists from being trafficked to
Chennai, Tamil Nadu at Sekmai police
check gate in Imphal West district.
The children were in the age group of
11 to 16 years.31
i. Right to health
Health care service remained
poor especially in hills districts of
Manipur. Apart from lack of other
basic facilties, the poor health care is
the most critical problem faced by the
people in these districts. The delivery
of health services under the National
Rural Health Mission (NRHM) was
also poor in the hills districts.32
According to a survey conducted
by “The Sangai Express” it was
revealed that the government health
care schemes seldom reach the
targeted people in the rural areas.
As per standard rules, every 3000
population can have a Primary Health
Sub-Centre (PHSC).
However, there were only 40
PHSC in Ukhrul district against the
required 51 PHSCs for the estimated
1,55,795 population in the district as
on 15 March 2011. Besides, only six
Primary Health Centres (PHCs) were
functional in the entire district.33
For
instance,
the
tribal
peoples of interior hilly village of
Tanulong Lanka in Senapati district
had to cover 12 km stretch to reach
the nearest PHSC carrying the patient
either on their backs or on makeshift
stretchers due to lack of medical
facilities in the village. Many patients
reportedly died on the way to the
PHSC. In the absence of a health
centre in the village, the pregnant
women were deprived of benefits
of medical care such as iron tablets,
malaria tests, polio drops, maternity
benefits and other women related
health benefits.34
The schools in Manipur continued
to be occupied by the security forces
in violation of Supreme Court order
dated 1 September 2010.
As on 20 April 2011, two schools
namely Government Lower Primary
School at Karang and Junior High
School, an aided school in Khoidum
Leihao
in
Bishnupur
district
continued to be occupied by the
33rd Assam Rifles. The kitchen for
cooking the Mid-day Meal at Karang
Lower Primary School has also been
converted into a godown by security
forces. Both the schools have been
occupied since 2004. No normal
classes could be conducted, resulting
in students involving themselves in
various works.35
The provisions of the Right
to
Education
Act
remained
umimplemented.
For
example,
information obtained through Right
to Information (RTI) Act revealed
that 95 percent schools were without
toilet facility and only 3 percent
schools had girls’ toilet in Ukhrul
district. 22 percent schools had
States Round Up
drinking water facilities but it was
found that the water was not potable
in many of these schools. While there
were less than 3 teachers per school.
The District Information System
for Education noted that there was
a requirement of 1130 teachers and
1218 classrooms in the district. Poor
state of education was resulting in
dropouts in the district. Officially,
there was 990 drop-outs for the last
academic session in Ukhrul district.
But, the figure is stated to much more
than what is recorded.36 n
victims for ransom included Aliw, a
bettlenut trader, kidnapped by about
six cadres of of GNLA and National
Democratic Front of Bodoland of
Assam from Songsak-Mendi Road in
East Garo Hills district on 9 March
2011;4 Kabirul Islam, a pharmacy
owner, abducted by cadres of GNLA
from the Resubakra area in East Garo
Hills district on 10 March 2011;5
Deben Barman, a rubber businessman,
kidnapped by camouflaged men from
the Assam-Meghalaya border in East
Garo Hills district on 24 March 2011;6
and Akhil Hajong, a businessman and
a former police officer, kidnapped by
six suspected cadres of an AOG from
his residence at Dalu in West Garo
Hills district on 26 March 2011.7
extrajudicially killed by the personnel
of Special Operations Team of
Meghalaya Police in a fake encounter
at
Rongrekgre
village
under
Williamnagar police station in East
Garo Hills district. The police also
claimed to have arrested four persons
identified as Lathing R Marak (30
years), Paltil C Marak (38 years),
Milly C Marak (18 years) and Pepar
R Marak (18 years). According to the
police, the deceased and the arrested
persons were cadres of Garo National
Liberation Army. However, the
villagers alleged that the deceased and
the arrested persons were innocent
and the deceased was killed in a fake
encounter, while the arrested persons
were subjected to torture in which one
sustained facial injuries.9
On 16 April 2011, Krishna Mishra
was allegedly tortured by a traffic
police personnel at Sadar Police Station
in Shillong in East Khasi Hills district.
The victim, an auto-rickshaw driver,
was taken to the Sadar Police Station
by the accused traffic police personnel
on the alleged charge of erratic driving.
Victim’s brother Bhola Nath Mishra
alleged that Krishna Mishra was hit
on the head and eyes, resulting in
bleeding.10
On 20 March 2011, a group of
Border Security Force personnel
Meghalaya
I. Highlight: Abuses by AOGs
on the rise
T
he armed opposition groups
(AOGs) were responsible for
violation of international humanitarian
law including killing and extortion
in the state. On 2 January 2011, the
Meghalaya Police claimed that the
activities by AOGs were neutralised
by making a series of arrests, killings
and facilitating surrender in 2010.1
However, the claim sits uneasily with
reports of killing and increase cases of
kidnapping for ransom.
On 6 April 2011, five coal miners
were shot dead by unidentified armed
men suspected to be belonging
to banned outfit at Gokha village
in South Garo Hills district. The
deceased were identified as Ramadan
Yadav, Suhagin, Habibul, Nur
Mohammad and Jamin.2 In another
incident on 18 April 2011, suspected
GNLA cadres shot at several trucks
and placed a demand of Rs 20,000
from every trucker plying through
Wahthre village in East Khasi Hills
district. At least six truckers sustained
injuries after being beaten up for
refusal to pay money.3
A cross section of people including
businessmen, government officials,
contractors and teachers were targeted
for extortion. Some of the kidnapped
political rights
In January 2011, a magiserial
inquiry was ordered to probe into
the alleged extrajudicial killing of an
undertrial, Fullmoon Dhar, following
the direction of the National Human
Rights Commission.8
The security forces continued to be
responsible for human rights violations.
documented the following cases.
On 26 January 2011, Washing
N Marak (50 years) was allegedly
67
68
States Round Up
allegedly in inebriated conditions
assaulted some residents of Ryngku
village in East Khasi Hills district and
also destroyed few houses in the attack.
At least five persons suffered serious
injuries and had to be hospitalized.11 A
complaint was lodged by the residents
of the village at the Mawsynram police
station.12
women and children
The rights of the women were
increasingly violated in matrilineal
society of Meghalaya. Women
including minor girls were targeted
for sexual crimes. Sexual crimes were
increasing due to lack of legal action.
On 21 March 2011, State Home
Minister HDR Lyngdoh stated
before the State Assembly that only
30 accused were penalized out of
the 492 rape cases reported from
2006 to 2010.13
Ironically, the State’s Women
Commission, constituted for the
protection and welfare of the women,
reportedly advised a victim to
withdraw a case against government
officials. On 25 February 2011, the
Meghalaya State Women Commission
(MSWC) reportedly advised a victim,
Shoma Choudhury to withdraw the
case she had filed against two GPO
officials on grounds of manhandling
her at the GPO office. According to
the victim, the MSWC reportedly
advised her to withdraw the case as
it can create problems for her career
and her future.14
In many of the sexual crimes
against women and minors, the
security forces were responsible. On
22 January 2011, a woman, mother of
two children, was allegedly raped and
threatened by Madanga Lyngdoh, an
Assam Rifles personnel, at Lashkein
in Jaintia Hills district.15
On 6 February 2011, the
personnel
of
Border
Security
Force (BSF) allegedly attempted
to rape a 14-year-old minor tribal
girl at Thapa Dangre village at
Mendipathar in East Garo Hills
district. The BSF personnel were
deployed in the area following ethnic
clashes.16
On 17 March 2011, a 13-yearold school girl was raped by three
persons allegedly including a police
officer at a hotel in Shillong in East
Khasi Hills district. The accused were
identified as S. N. Roy (Police Officer
attached to Rynjah Police Station,
Shillong), Joe and Bobby. The police
arrested the other accused,17 but failed
to arrest the accused police officer as
on June 2011.
IV. Violations of the ESCRs
i. Right to health
The Health care infrastructure
remained poor in Meghalaya. In
January 2011, a 130-member team
from across the country which visited
the state found that the healthcare
infrastructure in Meghalaya was
poor and many health centres did
not function properly. The team also
found that most of the health centres
were being run by nurses with no
doctor to take charge of them.18
Children were denied nutritious
food under the supplementary
nutrition
scheme
due
to
misappropriation of funds. The
latest findings by Controller and
Auditor General (CAG) revealed
excess expenditure of Rs 84.08
lakh incurred by the Social Welfare
Department of the state governemnt
in procuring ready-to-eat (RTE)
food noodles for children under the
Supplementary Nutrition Scheme.
The CAG report noted that the
supplier/contractor had been paid
8.3 crore for the RTE noodles, which
are not very nutritious.19
ii. Right to work: NREGA
The Union Ministry of Rural
Development increased the daily
wage rates to Rs 117 from the
existing Rs 100 under the National
Rural Employment Guarantee Act
from January 2011 in Meghalaya.20
Yet,
the
Act
remained
unimplemented in letter and spirit
due to various reasons, in particular
financial irregularities. There was a
rise in filing of complaints alleging
misuse of NREGS funds in almost all
the districts.
On 3 March 2011, Sailendro
Sangma, Block Development Officer
(BDO) and Programme Officer,
Betasing C&RD Block lodged a
police complaint against the Secretary
of Village Employment Council for
misappropriating NREGS funds
at Dilnigre village in West Garo
Hills district.21 In January 2011, a
complaint was lodged against one
Edward Lamare, Secretary VEC
cum Secretary of Bataw village in
Jaintia Hills district for misusing the
village fund under NREGS for the
development work in the village.22
Similarly, C.N. Sangma, BDO &
Programme Officer of NREGS,
Selsela C&RD Block lodged a
complaint at Tura Police Station on 21
January 2011 against Rajesh Kumar
Mann, Secretary, VEC, Haldibari
village in West Garo Hills district for
misappropriating NREGS funds.23
In some cases, the names of the
beneficiaries were falsely showed as
listed as workers having job cards. In
June 2011, an RTI disclosure revealed
the village chief and his son, who
reportedly self elected themselves
as Village Employment Council
chairman and secretary in Thadan
village in East Khasi Hills in district
had forged the signatures of about 34
persons, including four dead, in the
job cards.24
iii. Illegal mining
Illegal mining continued in the
state including in reserve forests and
national parks. However, the state
government failed to take any legal
action on illegal mining activities. In
admitted that unregulated mining
had led to unscientific exploitation
of coal resulting in contamination
of water bodies25 and cement plants
were responsible for denuding the
forests.
On 11 March 2011, the
state government further stated that
it had received complaints against
eight cement companies for violating
the Forest Conservation Act. Large
scale clearing of natural forests was
taking place in Jaintia Hills district
for establishing limestone mining/
cement plants. These plants were given
permission by the state government
on the false and subservient
certificates being issued by State
Government officials. Not even a
single cement plant of Meghalaya,
mostly in Jaintia Hills district,
sought statutory prior approval of the
Central Government.26 It is clear that
the State government of Meghalaya
has failed to effective measures to
eliminate child labour. n
States Round Up
Nagaland
I. Highlight: Nagaland
constitutes Human Rights
Committee, not SHRC
N
agaland is among the few states
in the county which is yet to
constitute a State Human Rights
Commission despite request from the
Centre and National Human Rights
Commission (NHRC).
According to media reports, the state
government of Nagaland reportedly
issued a notification in January 2011
to constitute State Level Human
Rights Committee and District Level
Human Rights Committee to receive
complaints and enquire into violation
of human rights in the state. The State
Level Human Rights Committee will
have Home Commissioner, Nagaland,
Kohima as Chairman; Secretary, Law &
Justice and Joint Secretary (P&AR) as
Members and Special Secretary (Home)
as Member Secretary. According to
the terms of references; the District
Level Human Rights Committee
may receive complaints of violation
of human rights in its respective
jurisdiction, and after due verification
of the matter it shall submit reports to
State Level Human Rights Committee
Bi-Monthly. The State Level Human
Rights Committee will then study the
reports submitted to it and enquire
into the violation of human rights in
respect of matters relatable to any of
the entries enumerated in List-II and
List-III in the Seventh Schedule to the
Constitution. But if any such matter
is already being inquired into by a
Commission or any other Commission
duly constituted under any law for the
time being in force, the Committee
shall not inquire into the said matter.1
However, ACHR could not verify the
media reports.
Cases of human rights violations by
the security forces continues.
On 18 January 2011, Robinson
Komou, a personnel of 2 Assam
Regiment, was tortured by India
Reserve Battalion (IRB) personnel
without any provocation at railway
station, Dimapur. The victim became
unconscious due to the torture.2 On
22 February 2011, prisoner Aaron
Rengama (26 years) died under
mysterious circumstances at the
Kohima District Jail.3 On 29 March
2011, one Nitoshe, a theft suspect, was
allegedly tortured at West Police Station
in Dimapur to extract a confession.4
II. Abuses by the AOGs
There was no let up in abduction
and extortion cases. This was despite of
the joint pledge made by Naga groups
to carry out operations against antisocial activities following increase in
abductions and extortion through a
collective mechanism. The Nagaland
Police also set up special cells in all
police stations to handle cases of
kidnappings and extortions.
abuses by armed opposition groups
(AOGs).
On 12 May 2011, the dead body
of Md Israr, a businessman, was found
from Burma Camp area in Dimapur.
The deceased was kidnapped by Rosu
Rhi and Umesh Singh, NSCN-IM
cadres, for ransom from Burma Camp
area on 10 May 2011.5
Other cases of abduction included
Jiyalal Prasad, a wholesale vegetable
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States Round Up
dealer, abducted by unidentified
persons from Dhobinullah junction
under West police station in Dimapur
on 19 January 2011;6
businessmen Norul Haque and
Ajmed, residents of D.C. Court
Junction,
Dimapur
abducted
from Hongkong Market by three
unidentified armed persons posing as
undergrounds on 22 January 2011;7 and
Sudep Das, a businessman, abducted
by unidentified armed persons from
his house in Dimapur on the night of
31 January 2011.8
Child labour remained a problem in
Nagaland. Illiteracy and poverty are the
main factors for child labour. A survey
conducted by Community Educational
Centre Society (CECS) revealed that
the current statistics of child labour
is highest among the Konyak tribe in
Mon district with 30 per cent, followed
by Tuensang district with 22 per cent,
Adivasi (Tea garden labourers) and Ao
tribe with 11 per cent and others with
17 per cent.12
IV. Violations of the ESCR
i. Right to education
the child
Girl children were increasingly
targeted for sexual crime.
tribal girl was raped by a non-tribal
identified as Enam Ali Hussian at
Dimapur town in Dimapur district.
The accused who used to drop school
children to schools in his auto had been
repeatedly sexually abusing the girl.9
The government officials, including
the police, were themselves responsible
in some cases. On 3 January 2011, a
15-year-minor girl (name withheld)
was raped by Tsahuyo Thira at
Kikruma village in Phek district. The
accused was an employee of Public
Work Department and serving as
Sectional Assistant (SA) at Pfutsero
Sub-Division.10
On 20 April 2011, a 4-year-old girl
was raped by a 60-year-old Constable
of 5th Nagaland Armed Police at
Hebron-1 Colony in Phek district.
The accused was identified as Ravohu
alias Monao Singh from Manipur.
Following the rape, the health of the
victim deteriorated and had to be taken
to hospital for checkup.11
The education sector remained
dismal due to poor infrastructure and
scarce teachers in government schools
in Nagaland.
The
government
school
infrastructure - from the lower primary
to secondary schools –were suffering
from neglect. The government high
school infrastructural assets are
often called as cowsheds. On 11
January 2011, the state government
submitted a proposal to the Central
government seeking to revamp existing
infrastructural assets of about 150
government high schools in the state
during 2011. The proposal includes
revamp of existing high school assets
including upgrading or renovating
buildings.13
The apathy of the state government
towards children’s education is reflected
by the lack of provision of adequate
fund. For instance, the the government
High School at Phek Village receives
a meager sum of Rs. 3000 from Sarva
Siksha Abhiyan (SSA) annually for
maintenance, which is insufficient.14
There were also reports of
allegations of corruption, misuse of
funds and lack of improvement in
activities and functioning within the
School Education department. On 24
March 2011, Chief Minister Neiphiu
Rio stated in the State Assembly that
those found guilty of irregularities
and corruption would booked and be
awarded befitting punishment.15
ii. Right to health
The health care delivery remained
dismal in the state especially in
the interior and rural areas. Poor
infrastructure, inadequate facilities,
shortage of staff and absence of
doctors were regular features in the
health centres. The implementation
of the National Rural Health Mission
(NRHM) remained dismal.16
For example, the condition of the
primary health centre in Atoizu town
was deplorable. The health centre was
established 40 years ago but it lacked
all the basic requirements at the end of
March 2011. There was no doctor, no
proper medical facilities and crumbling
infrastructure. In the absence of quarter
for the medical officer, the doctor find
it difficult to attend the health centres.
A doctor was appointed from the
NRHM for the centre. But NRHM
doctor did not attend the centre as on
25 March 2011.17
The Department of Health and
Family Welfare had been grappling
with the issue of inadequate healthcare
experts. The few doctors who were
posted in the interior regions are found
to be absent on most occasions. Lack
of specialists was yet another problem
especially in the interior places. Poor
infrastructure remained a big challenge
for the Department. Some primary
health centres and community health
centres were on the verge of collapse
and in need of urgent repair. In
addition, sanitation, electricity and lack
of skilled staff to handle machineries
are some of the other problems.18
In Dimapur distrist, the situation
was worst. According to a report on the
‘District Scenario on Communitisation
of Health Centres’ for Dimapur district
released on 30 March 2011, 21 SubCentres out of the 47 Sub-Centres in
the district were functioning with only
States Round Up
one Auxiliary Nurse Midwife (ANM).
In the Primary Health Centres in
the district, there was a shortage
of five additional Medical Officers,
nine additional General Nursing and
Midwifery (GNMs), six ANMs and
seven laboratory technicians. As on 30
March 2011, there were 52 government
doctors, 190 nurses, 91 pharmacists
and 19 laboratory technicians. This
is inadequate for a population of
more than one lakh.
The report
further revealed that five sub-centres
under Niuland sub-division remained
inaccessible during the monsoons.
Infrastructure was dismal. 20 SubCentres were functioning in privately
owned buildings.19 n
deceased by claiming that the deceased
was one Raju Nayak of Rambha area,
a criminal who was arrested on the
night of 28 February 2011. But civil
rights activists claimed he was Lalit
Dehuri, a youth arrested on February
2011 from Ganjam district along with
two girls on charges of having Maoist
connections and was never produced in
Court. On 3 March 2011, the deceased
was identified as Lalit Dehuri by his
mother Ritima Dehuri and his brother
Upendra Dehuri at the morgue of
MKCG medical college.3 On 29 March
2011, the Orissa High Court issued
notice to the State Government of
Orissa to file a detail report within two
weeks on the allegations made in the
petition filed by Ritima Dehury who
alleged torture of his son Lalit Dehury
in police custody.4
On 17 April 2011, a youth identified
as Mihir Swain (29 years) was allegedly
beaten up by Sub Inspector Baikuntha
Nath Seth attached to Mangalabag
police station after the victim’s bike
collided with the police officer’s bike
near CDA Colony in Cuttack. Following
the accident there was an argument
between the SI and the victim. The SI
who was in plainclothes noted down
the victim’s motorcycle’s registration
number and left the spot. Later police
officers picked up the victim from his
house in a PCR van. The victim alleged
that Sub Inspector Baikuntha Nath
Seth slapped him and beat him inside
the van. The victim’s wife Smruti stated
that she saw her husband “profusely
bleeding” and pleaded with the police
officials to release him. The victim was
then taken to S.C.B. medical college
and hospital.5
On 1 May 2011, a 32-year-old
woman identified as Basanti Behera,
a resident of Jhinkijhari village near
Khurda, who was allegedly injured
during a police lathi-charge in
Bhubaneswar on 21 March 2011,
succumbed to her injuries. The deceased
had participated in the agitation
demanding rectification in their caste
certificates. The demonstration turned
violent when the police personnel
used batons to disperse the mob near
Vanivihar overbridge in Bhubaneswar.
The deceased’s husband Rahas Behera
stated that “The cops hit her with
batons and kicked her as she lay on the
ground. She suffered serious internal
damage on her chest and stomach. She
was sent to Jharpada special jail in a
Orissa
I. Highlight: Violations of civil
and political rights
D
uring the reporting period, the
law enforcement personnel of
Orissa were responsible for violations
of civil and political rights. They
became the law unto themselves.
On the night of 2 April 2011, Arun
Patnaik, a Judicial Magistrate first
class, was assaulted and humiliated
by inspector-in-charge of Udit Nagar
police station, Sadanand Pujari at
the police station in Rourkela fully
knowing well that the victim was a
judge.1 According to the complaint
lodged by Arun Patnaik, when he was
standing in front of his official residence
and talking on his mobile phone on
the night of April 2, he was bundled
into a police jeep. The magistrate said
he told the police about his identity
but Inspector-in-charge slapped him
at Udit Nagar police station.2
On 1 March 2011, one Lalit
Dehuri, a resident of Dasapalla area of
Nayagarh district, died due to alleged
torture at Chamakhandi police station
in Ganjam district. The police claimed
that the deceased hanged himself inside
the police lock up. Initially the police
also tried to hide the identity of the
71
72
States Round Up
critical condition”. On 3 April 2011,
she was released on bail.6
On 7 May 2011, a youth identified
as Muna Sundi (25 years) who had been
arrested on charges of loot, dacoity
and extortion died at a government
hospital at Barbil in Keonjhar district.
The deceased was arrested on the
night of 6 May 2011 during a raid at
his native village, Birsinghhato under
Tanto police station in neighbouring
Jharkhand state. The police claimed
that he complained of pain in his
abdomen while he was being brought
to Barbil. He was admitted at a
government hospital at Bardil but died
at the hospital just few minutes after his
admission. However, the local people
alleged that he died due to torture in
custody.7
During the reporting period, the
court intervened in at least two cases of
human rights violation.
In March 2011, the Orissa State
Human Rights Commission (SHRC)
found personnel of the State police and
Central Reserved Police Force guilty of
killing Junesh Badaraita, a tribal youth,
and critically injuring Karnel Badaraita
in a “fake encounter” at Kutuniganda
village under Adaba police station
in Gajapati district on 22 November
2008. The SHRC stated, “on careful
assessment of the evidence, the
commission unhesitatingly holds that
the deceased Junesh and injured Karnel
are no way connected with naxal or
Maoist activities.” The Commission
further stated that “The State police
and CRPF fired at them without any
justification which resulted in death
of Junesh and injuring of Karnel. The
fact that four bullocks were also killed
corroborates the fact that they brought
the four missing bullocks from the
forest and were about to keep them
in cow-shed. The SHRC directed
the authorities to pay Rs. 3 lakh
compensation to the family of Junesh
and Rs 75000 to the injured victim
Karnel Badaraita.8
On 18 January 2011, the Orissa High
Court directed the State Government of
Orissa to submit a status report on the
arrest of suspected Maoist Sulochana
Gadnaik whose mother filed a habeous
corpus writ. In her petition filed before
the High Court on 17 January 2011,
Banita Gadnaik, a native of Jadagola
village in Deogarh district claimed that
her 19-year-old daughter Sulochana
Gadnaik was being illegally detained
without producing her in any court of
law since her arrest on 13 January 2011
at 3 am. Banita Gadnaik alleged that
“several police personnel, including
members of the Central Reserve
Police Force (CRPF) and Special
Operations Group (SOG) had picked
up Sulochana Gadnaik and taken her
away forcibly while she was sleeping at
a relative’s house in Tapasinga village.”9
On 3 March 2011, Civil rights activist
Dandapani Mohanty claimed that three
persons who were in police custody
on charge of Maoist connections
were not produced in court. They
were Subhankar Mallik arrested on 1
December 2010, Satrughna Biswal
arrested on 2 February 2011 and Sangit
Pradhan, a resident of Ganjam district
arrested in Rayagada district.10
II. Land acquisition for
POSCO
On 2 May 2011, Union
Environment Minister Jairam Ramesh
granted final approval to Odisha
government for diversion of 1,253
hectares of forest land for Posco’s steel
project in Jagatsinghpur district. The
final approval was accorded based on
the state government’s letter of 29 April
2011 that the two resolutions of palli
sabhas of Dhinkia dated 21 February
2011 and of Gobindpur dated 23
February 2011 were “fake ones”.11 The
Odisha government resumed land
acquisition on 18 May 2011 amid
tight security as the villagers under the
banner of Posco Pratirodh Sangram
Samiti (PPSS) resisted the takeover of
their lands.12
What is of grave concern is that
the state government has claimed that
the lands were acquired for “public
purpose” and used the urgency clause
of the Land Acquisition Act of 1894
thereby denying the rights of the
affected people to even file objections
to the acquisition.13
According
to
Abhay
Sahu,
president of Posco Pratirodh Sangram
Samiti, the organisation that has been
spearheading the agitation against land
acquisition for Posco, the livelihoods of
over 20,000 people in the three gram
panchayats of Dhinkia, Nuagaon and
Gadakujang would be affected by the
POSCO project. 14
Hundreds of villagers including
women, children and elderly persons
formed human chain to resist land
acquisition for Posco project in
Dhinkia Panchayat. Children were
kept in the forefront of the humanchain while women formed second
line of defence.15 The state government
deployed about 23 platoons of police
(about 800 personnel) to facilitate
the land acquisition.16 Lands have
been acquired by force; those resisting
the land acquisition were taken into
custody. On 19 May 2011, about 60
people were arrested for opposing land
acquisition.17 The PPSS claimed that of
the over 400 betel vineyards that have
been demolished as of 2 June 2011,
a sizeable number were demolized
by force. 18 On 3 June 2011, police
detained 17 persons opposing land
acquisition incuding Basudev Behera,
Panchyat Samiti member of Gadakujang
gram panchayat and vice-president of
Posco Pratirodh Sangram Samiti; four
women and five children.19
block under Koraput district on the
night of 30 April 2011;23 Paras Majhi
of Kalmi Dadar village and Nageswar
Majhi of Koten in Nuapada district on
the charges of being “police informers”
on 28 May 2011;24 and Bhima Kabasi
at Pitakonda village under Balimela
police station in Malkangiri district on
the charge of being a police informer
on 13 June 2011.25
indigenous peoples
The Maoists were responsible for
violation of international humanitarian
law including killings and abduction.
The abduction of Malkangiri Collector
R Vineel Krishna along with a
junior engineer Pabitra Majhi by the
Maoists when they went to inspect
tribal development projects in remote
Jamtapai village on 16 February 2011,
brought into limelight the insecurity
of the government officials in Maoistaffected areas. The District Collector
and his junior engineer were released
only after the state government agreed
to the Maoists’ 14-points demands
including restoration of land rights to
tribals.
The Maoists allegedly killed
a number of civilians including
Udayanath Sahu, a businessman at
Bhamarabadi village under Daringbadi
police station in Kandhamal district
on 4 January 2011;20 Kandri Lohar
(a former Maoist) and her son Kanha
(4 years) in Sundargarh district on 13
February 2011;21 Sanyasi Barge and
Tapel Gangeya on the charge of being
police informers at Naguluru village
under Kalimela block in Malkangiri
district on 2 April 2011;22 Biju Janata
Dal worker identified as Ganesh Khosla
at Mahaguda village in Bandhugaon
On 26 April 2011, the Revenue
and Disaster Management Department
issued a notification constituting a
seven-member high level committee
headed by Chief Administrator of
KBK (Kalahandi-Bolangir-Koraput)
region to look into tribal land disputes
and suggest measures for restoration of
land rights to the tribals in Scheduled
Areas within a period of six months.26
This notification was issued pursuant
to the agreement reached with the
Maoists while releasing of Malkangiri
Collector R Vineel Krishna.
Further on 24 May 2011, Chief
Minister Naveen Patnaik stated that
his government would withdraw nine
cases involving as many as 130 tribal
people in Koraput district by the end
of June 2011.27
However, the insensitivity of
the state government towards the
tribal peoples is evident. On 8 March
2011, the Orissa government moved
the Supreme Court, challenging the
decision of the Government of India to
cancel Vedanta’s alumina refinery for
bauxite mining in the Niyamgiri Hills
at Lanjigarh in Kalahandi district.28
Tribals of the area especially the
Dongria, Kutia and Jharania Kondhs
worship Niyamgiri hill as a deity and
States Round Up
have been vehemently opposing the
mining project.29 Niyamgiri Surakshya
Samity (NSS) and tribal organisation
Lok Sangram Manch (LSM) undertook
a week-long ‘padayatra’ from Muniguda
in Rayagada district from 12-17 May
2011 to create awareness against
the State government’s decision to
approach Supreme Court advocating
bauxite mining in the Niyamgiri region
by Vedanta Alumina Limited (VAL).30
On 20 January 2011, tribals from at
least three villages in Rayagada district
gheraoed the District Collector’s Office
demanding adequate rehabilitation and
compensation against the setting up
of aluminium company in the area.
The villagers had recently been issued
notice to vacate the area for the setting
up of the company.31
On 19 April 2011, at least 200
villagers staged a protest against
illegal stone quarrying activities in the
Balighari hillock under Dharmasala
Tahasil in Jajpur district. They alleged
that the authorities refused to take any
action against “the quarry mafias”.
Large scale illegal quarrying has been
posing serious danger to the villagers
of Kosala, Haridaspur and Kantia near
the hillocks.32
the Dalits
Caste
based
discrimination
is rampant in Orissa so much so
that chairpersons of the National
Commission for Schedule Castes PL
Punia was allegedly denied entry into
the Kali temple at Ranapada village
under Brahmagiri police station area in
Puri district on 25 June 2011 because
of his low caste. He was allowed entry
just till the temple compound. As a
tradition, the Dalit Hindus have been
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74
States Round Up
denied entry into the Kali temple for
the past 80 years.33 Thereafter, the
National Commission for Scheduled
Castes summoned Odisha Chief
Secretary and Director General of
Police on 18 July 2011 to present facts
on the steps taken to eliminate the
caste based discrimination in the state,
including denial of entry to Dalits to
Kali temple in Puri.34
On 18 January 2011, the National
Human Rights Commission asked the
Orissa government to issue a circular
stating clearly that the practice of
‘bartan’ was a form of bonded labour
and take action against violators. Earlier,
in its report the State government
claimed that ‘bartan’ is not a practice of
bonded labour. Under ‘bartan’ system,
the upper caste families give an advance
of about 15 kg of paddy per head of
each married male at a particular time
of the year and in return the sewak
(barbers community) renders service
to all members of the upper caste
families throughout the year without
any wages. The custom of ‘bartan’
is widely practiced in many villages
of Puri, Jagatsinghpur, Khurda and
Cuttack district.35 Following NHRC’s
intervention the Orissa government
has recognized the “bartan” system as
bonded labour and made its practice
punishable under the Bonded Labour
System (Abolition) Act, 1976.36
The Dalit children allegedly face
regular discrimination at schools.
The upper caste teachers allegedly
refused to touch the books of the Dalit
students and hence, the homeworks of
Dalit students were never corrected at
Keutapala village school in Balikuda
block in Jagatsinghpur district. The 40
odd Dalit students in the school were
allegedly singled out and made to clean
classrooms and toilets by the teachrs.
They were not allowed to take water
from the drinking pot at school and the
upper caste cooks and teachers refused
to provide mid-day meals.37
In April 2011, the upper caste female
health workers allegedly refused to give
immunization to the Dalit children
at a health sub centre in Nuagaon
block under Jagatsinghpur district.38
The upper caste people also allegedly
assaulted a Dalit Anganwadi Worker
and forced her to tender resignation
from her post as she is ‘Harijan’ by caste
at Paradip in Jagatsinghpur district in
April 2011.39
the women
Crime against women increased in
the state. As per the figures released by
the Home Department, 848 cases of
rape were reported during the period
from 1 April 2010 to 31 January 2011
against 838 rape cases committed
during the corresponding period
of 2009-10. The police submitted
chargesheet in 580 of the total 848
rape cases but has given final reports
in only two cases. No steps have been
taken to investigate 240 cases, while
207 cases are under inquiry.40 On 16
February 2011, National Commission
for Women (NCW) chairperson Girija
Vyas after reviewing the situation
of women in the state accused the
Orissa Police of not registering cases
relating to crimes against women. She
suggested that the police were keen to
suppressing cases of violence against
women with a view to keep the figure
low.41
On the night of 10 March 2011,
a woman identified as Sandhya Rani
Jena (25 years) allegedly immolated
herself after burning her two-year-old
son Abhijit alias Sibun at Khalarda
village under Sadar police limits on
the ouskirts of Cuttack. The family
members of the deceased alleged that
Sandhya Rani had been killed by her
in-laws for dowry.42
On 8 April 2011, the police
arrested one Radharani Bahalia
allegedly involved in the killing of her
daughter-in-law, Ila Rani Das (27) for
dowry at Sirola village in Jagatsinghpur
district.43
The Odisha Panchayat Laws
Amendment Bill, 2011, which reserves
50 per cent quota for women in the
Panchayati Raj Insititutions, was passed
in the State Assembly on 7 April 2011.44
But the dalit sarpanches continued to
face humiliation and attacks from the
upper castes publicly. On 3 April 2011,
Minati Dalai (38 years), a dalit woman
sarpanch of Mulisingh panchyat under
Tirtol police station in Jagatsinghpur
district was allegedly assaulted, stripped
and molested in full public view by four
upper caste people of the same village.
The police registered a case against
four accused persons under Section
341, 323, 294, 354, 506 and 34 of the
Indian Penal Code and Section 3 of SC/
ST (Prevention of Atrocities) Act.45
the child
The state government deployed
heavy security in and around the
proposed POSCO area. Armed
policemen occupied government-run
Balitutha Primary School for the past
two-and-half-years to maintain law
and order in the proposed Posco steel
plant project area. Following a petition
by some guardians, the Orissa High
Court in May 2011 issued showcause
notices to the Inspector-General
of Police (law and order) and the
Jagatsinghpur superintendent of police
on the measures initiated to make
the school premises free from police
occupation.4646. HC glare on school
near Posco site, The Telegraph, 26 May
2011
But the school was not vacated.
When a team from NCPCR visited the
school on 4 July 2011, it found that the
armed policemen were still occupying
the school. The NCPCR asked the state
government to immediately withdraw
the security forces from the school to
allow the children study in peace.47
The NCPCR also found that
children were being used in the antiPOSCO agitation. A three-member
team from the NCPCR visited the
place outside Gobindpur village, site
of proposed POSCO steel project in
Erasama Block of Jagatsinghpur district
on 4 July 2011. Since 2 June 2011,
hundreds of men, women and children
had been staging a dharna and a human
barricade in their efforts to prevent
entry of armed police personnel and
officials to demolish betel vineyards and
acquire land for Posco in Gobindpur
and Dhinkia villages.48
On 11 March 2011, members of
District Child Welfare Committee
raided the Global Childrens Village,
a private orphanage in Biramitrapur
block of Sundargarh district, and
rescued 46 children including boys and
girls aged between two and 12 years.
The children had skin infections with
maggots coming out of their wounds
and several of them had injury marks,
caused due to regular thrashing.
They suffered massive nutritional
deficiencies.49
VIII. Status of internally
displaced persons
asked the state government of Orissa
to “rehabilitate all the affected persons”
and submit a detailed action taken
report (ATR) on the people displaced
due to the Vedanta Refinery project at
Lanjigarh in Kalahandi district.50
On 25 February 2011, villagers
facing displacement due to proposed
coal mining at Kaniha in Anugul district
staged a protest in front of Orissa
Legislative Assembly in Bhubaneswar
demanding adequate compensation.
The villagers alleged that the Mandakini
Coal Company Limited had not given
clear assurances on rehabilitation and
resettlement package although the
coal mining activities will displace the
villagers and affect their livelihood. 51
On 8 March 2011, Steel Minister
Raghunath Mohanty stated that
the proposed Posco steel plant near
Paradip would displace only 613
families after the state government
decided not to acquire private land at
Dhinkia village. The initial number
of families to be displaced was put
at 803 but the villagers of Dhinkia
were unwilling to vacate their land.52
Earlier on 31 January 2011, Ministry
of Environment and Forests (MoEF)
accorded environmental clearance
for the steel-cum-captive power
plant with 28 additional conditions
over and above those stipulated in
the original environmental clearance
of 19 July 2007. The MoEF also
accorded environmental clearance for
the POSCO’s captive minor port with
32 additional conditions over and
above those stipulated in the original
environmental clearance of 15 May
States Round Up
2007. The Ministry’s order stated that
final approval for diversion of 1253
hectares of forest land of the proposed
POSCO project would be granted if
the state government of Orissa submits
compliance with the provisions of the
Forest Rights Act 2006.53
IX. Violations of ESCRs
i. Right to food and nutrition
Human Rights Commission expressed
serious concern over the prevalence of
poverty, food scarcity and malnutrition
in Orissa’s backward Koraput-BolangirKalahandi (KBK) region, and directed
the State government to submit a
status report on the implementation
of its recommendations about welfare
schemes, including public distribution
system, health and special security
schemes.54
It is not KBK region alone where
implementation of welfare schemes are
lacking. On 24 February 2011, Prafulla
Samal, Women and Child Welfare
Minister of Orissa informed the State
Assembly that in the last five years Rs
18.89 crore was spent on monitoring
of the Mid Day Meal scheme in
the state.55 Yet, the State Vigilance
Department which conducted a probe
into the scam related to the supply of
dal (pulses) for mid-day meals and
other welfare schemes for children
and women estimated that at least
Rs 100 crore was siphoned off in
2010 by suppliers in just four districts
namely Mayurbhanj, Jajpur, Balesore
and Ganjam. The suppliers allegedly
procured low quality dal at Rs25-30 a
kg from outside the state, and then sold
it to schools and anganwadi centres at
the rate set by the state government,
Rs 75 per kg, making a profit of Rs
75
76
States Round Up
45-50 on every kilogram. The dal
scam forced Orissa’s Women and Child
Development Minister Pramila Mallick
to resign on 5 February 2011.56
On 8 March 2011, the Orissa
High Court directed Collectors of
all 30 districts of the State to ensure
that good quality food was supplied
under the welfare schemes like Midday Meal (MDM), Supplementary
Nutrition Programme (SNP) and
Emergency Feeding Pogramme (EFP).
The High Court also directed the State
government to ensure that proper
drinking water facilities were made
available in all the 9,543 anganwadi
centres of the State.57
On 17 May 2011, the State
government confirmed death of 10
persons, including eight children (in
the age group of one to four years)
at extremely remote village of Taberu
in Malkangiri district within a month
period between 17 April and 13 May
2011.58
State confirms 10 deaths of children
in Malkangiri, The Hindu, May 18,
2011
In June 2011, the State
government admitted that general
poor nutritional condition led to the
deaths of 10 persons, including eight
children. The finding submitted by R.
K. Ghosh, Director of Family Welfare
says, “the epidemic was mainly due
to Staphylococcus infection because
of unhygienic conditions which
has skin and probably respiratory
and gastrointestinal involvement
and has fulminated in children with
malnutrition leading to death.”59
Delhi-based NGO Centre for
Environment and Food Security on 29
March 2011 in its second performance
audit revealed that 67 per cent of very
poor Dalit and tribal households in
Orissa and UP did not get even a single
day of the NREGS employment during
previous one year.60 On 14 March
2011 the Supreme Court asked the
state government to order a CBI probe
while hearing a petition filed by Centre
for Environment and Food Security
alleging Rs 500 crore scam in NREGS
in Orissa during 2006-07.61 On 23
March 2011, Panchayati Raj Minister
Prafulla Samal rejected the demand for a
CBI probe into the alleged irregularities
and corruption in the implementation
of the National Rural Employment
Guarantee Act (NREGA).62 On 2
May 2011, the Central government
issued a notification allowing the
Central Bureau of Investigation (CBI)
to investigate into the alleged largescale corruption in NREGS in Odisha.
The CBI will probe irregularities and
misappropriation in 100 villages in six
districts of the KBK region namely
Balangir, Nuapada, Kalahandi, Koraput,
Nabarangpur and Rayagada.63
ii. Lack of water facilities in
Anganwadi Centres
On 13 May 2011, the Odisha High
Court directed the State Government
to ensure that drinking water facilities
are made available in all the Anganwadi
centers of the State as early as possible.
It also directed the Government to
take the help of any agency to dig
bore wells in the Anganwadi centers
located in both Government and
private accommodations.64 Earlier, in
an affidavit to the High Court, the
State government informed that only
233 anaganwadi centers have drinking
water facilities while as many as 8,050
anganwadi centers located either in
government premises or in private
accommodations do not have drinking
water facilities.65 n
Punjab
I. Highlight: High Court
in the shoes of Punjab
Government
I
n Punjab, ruled by the Shiromoni
Akali Dal (SAD-Badal) and
Bharatiya Janata Party (BJP), the
Punjab and Haryan Hight Court has to
intervene in all spheres of governance
as the State Government fails to take
any initiative on its own. Some of the
cases that the High Court intervened
included – non-formulation of a
Victim Compensation Policy to ensure
immediate monetary assistance to
victims of crimes or their dependents
in case of fatalities1; non-payment of
Rs 84 lakh wages to the prisoners
lodged in different jails in the state2;
non-formulation of accurate guidelines
for disbursement of Chief Minister’s
Relief Fund meant only for the natural
calamities.3
political rights
During January-March 2011,
ACHR documented a number
of cases of violations of civil and
political rights, including the right
to life. These included - canecharge of members of the Contract
Multipurpose Health Workers Union,
including women at Badal village in
Muktsar district on 6 March 20114;
alleged tortured to death of an alleged
member of Khalistan Commando
Force (KFC) Sohan Singh alias
Sohanjit Singh in the custody of State
Special Operation Cell on 14 March
20115; custodial torture of three
employees viz. Paramjeet Singh,
Jagtar Singh and Sukhdev Singh by
Crime Investigating Agency (CIA),
Bathinda police on 27-28 March
20116; Sikh protester whose turban
was forcefully removed by Mohali
district Superintendent of Police
Pritam Singh and sub-inspector
Kulbhushan Sharma on 28 March
20117; Bibi Daljeet Kaur, who was
beaten at her residence in Majitha,
Amritsar by a police team which
tried to forcefully take her to police
station after not finding her husband
in connection with a false case on 21
April 20118; Paras Sharma, a resident
of Ferozepur who was arrested
despite stay orders by the Punjab
and Haryana High Court on 26
April 20119; Gurmukh Singh (33), a
resident of Patiala who was allegedly
tortured and sexually assaulted inside
Kotwali police station in Patiala on
17 May 201110; 40 villagers who
were injured in batoncharge by police
at the Dona Telu Mal enclave near the
Indo-Pak border in Ferozepur district
on 18 May 201111;Angrej Singh
(40), a private security guard at the
local toll plaza, who was beaten up
and his turban removed by Station
House Officer of Amritsar (rural)
police station on 25 May 201112 and
Harish (24), Girish (22) and Raj
(20), all brothers and residents of
Chuggitti locality of Jalandhar, who
were disappeared and kept in illegal
custody for about a fortnight by
policemen from Surya Enclave police
post, Jalandhar from 6 June 201113;
Amrik Singh and his wife Surinder
Kaur, whom two policemen identified
as Ashok Kumar and Fauja Singh
kicked and beaten up with a leather
belt after tying to a tree as they refused
to pay bribe in connection with the
case of their missing daughter on 6
June 2011.14
III. Judiciary and
administration of justice
In a land mark order the Punjab
and Haryana High Court asked
criminal courts in Punjab not to act
as rubber stamps of investigating
officers and cautioned that the state
must pay Rs10, 000 each to the every
accused as compensation for false and
malicious prosecution. The Court
has ruled that “No citizen should be
asked to face trial for an offence which
is not at all made out.” The court
order also stated, “Personal liberty is
always at stake in criminal cases….
Before framing charge, the court must
look into the material collected by
the investigating officer to find out
whether there is sufficient material to
frame charge against the accused. If the
entire material accepted in toto would
not lead to conviction, discharge must
follow.”15
The order of the Court came in
a bunch of petitions by one Neelam
Sharma and other petitioners against
whom the Court of an Additional
Sessions Judge framed charges in a
case of abetment of suicide of a person
by allegedly non-refund of loan taken
by the petitioners from the deceased.
In an order dated 9 December 2009,
the trial court framed charges against
them under Sections 306/511 and 506
of the IPC.16
States Round Up
the Dalits
Despite
being
the
largest
percentage (29 percent) of state’s total
population, the members of Scheduled
Castes (SC) are a discriminated lot
in Punjab. According to the State
Scheduled Caste Commission, instead
of providing justice the state police
executed forceful compromises and
threatened witnesses to turn hostile in
cases of atrocities against the Dalits.
During its visit to Jalandhar on 19
April 2011, the Commission received
over 50 complaints pertaining to
killing, rape, pension, civic amenities,
etc and directed the local police and
the civil administration to re-open all
cases of alleged atrocities on Dalits and
forcible compromises executed by the
police. It has also directed that even
those cases, which have been cancelled
by the police, be re-opened within a
month.17
However, past experiences hardly
evoke any optimism. Discrimination
against Dalits is institutionalized and
the state government itself is found
responsible for denial of entitlements
to the Dalits. A Central Scheme
- Rajiv Gandhi Jan Sehat Yojna –
exclusively meant to provide toilets to
the SC households, was thrown open
for beneficiaries under the general
category resulting in deprivation of
the Dalits.18 The state government also
completely changed the guidelines for
implementation of the scheme and
subsequently changed the selection
procedure of beneficiaries under this
scheme for 2010-11.19
The Dalits also remain vulnerable
to violence by members of the upper
caste. On 16 January 2011, a dalit
woman in Mansa district died of burn
77
78
States Round Up
injuries that she sustained after she
was allegedly set on fire by an upper
caste farmer as she resisted him to
rape her.20
V. Violence against women
Violence against women, especially
sexual offences continued to rise in
Punjab. As of 21 April 2011, the
State Women Commission received
10 cases of sexual harassment against
49 such cases in 2010.21 According to
Punjab State Women’s Commission
chairperson Gurdev Kaur Sangha,
cases of sexual harassment are on
the rise in government offices. In
2010, 49 cases of sexual harassment
cases were reported in government
offices. Of these, 39 complaints are
still pending with the government
departments concerned.22 At least
two cases of sexual violence were
reported during January-June 2011.
On 19 April 2011, a 19-year-old
girl, who had allegedly been raped
by the owners of a factory where she
works, died at the Rajindra Hospital,
Patiala.23 On 1 May 2011, Railway
Protection Force (RPF) constables
and a civilian abducted two Chinese
women identified as Zeng Zia Li and
Yaung Lu Lu in Amritsar.24
the child
In June 2011, Punjab government
decided to set up a State child protection
society, State adoption resource
agency, district child protection
societies, specialised adoption agency,
adoption coordinating agency, and
district child welfare committees. It
was also envisaged that juvenile justice
board, shelter homes, children homes,
observation homes, and after care
homes shall be established in all 20
districts of the state.25
The decision though welcome,
came too late. It took the Punjab
government five years to take the
decision to implement the Integrated
Child Protection Scheme despite the
state witnessing a steep rise in crimes
against children ranging from child
marriage to rape to murder and other
heinous crimes. Figures available
with the Punjab State Human Rights
Commission (PSHRC) vouches the
trend of rising crimes against children
in the state as of April 2011, as many
as 245 cases of crime against children
have been instituted by PSHRC. 26
During January – June 2011,
ACHR document numerous cases of
violence against children. The victims
included- Garima (4), a kinder garden
student who was slapped by an Indian
Administrative Service (IAS) officer
Sujata Dass at Sector 38 West market
in Chandigarh on 10 February 2011
when the stationary three wheelers
where she was waiting for the driver hit
the parked car of Ms. Dass27; a student
of Class VII of Falluwala Doad village
school in Mansa district who was
allegedly raped by one of her teachers
and gave birth to a baby at Budhlada
hospital on 13 March 201128; a 12year-old boy who was beaten up near
the Pacca Darwaza area of the Kharar
main market in Mohali district on 24
August 201129 and Kanta, a 17-yearold Dalit girl from Khose village in
Shahkot sub-division in Jalandhar
district, who was beaten up in public
over by a policeman not paying up
Rs.10 that she owed for quite some
time to his brother who runs a ration
depot on 22 April 201130.
Juvenile justice system is virtually
in shambles as Juvenile Justice Boards
(JJB) remains inefficient and slow and
hundreds of cases remain pending
for long time. Over 1,000 cases were
pending before the JJBs as on 28
January 2011 in Punjab.31
VII. Condition of the
prisoners
Prison administration in Punjab
remains highly inefficient. Prison
administration deprived the undertrial
prisoners of the right to speedy trial
as they failed to produce the under
trial prisoners in court for long time.
In a petition before the Punjab and
Haryana High Court, Daljit Singh,
an undertrial in Amritsar Central Jail,
asserted that the undertrials were not
being produced since the transfer of the
police commissioner some two months
back. The petitioner sought directions
to provide adequate number of police
personnel to produce undertrials in the
interest of speedy justice and setting
up an independent special police cell
to deal with the production of the
undertrials in court.32
Security in prisons is another
serious concern. In a raid conducted
by a high-powered team consisting of
seven magistrates and over 400 police
personnel at Amritsar jail premises on
9 January 2011 at least 10 inmates
were caught in inebriated conditions
while the raiding party also recovered
12 mobile phones, 100 gram of bhuki
(poppy husk powder), syringes,
needles and tin foil papers to inhale
smack.33
VIII. Status of the Economic,
Punjab
made
good
stride
in
development
of
public
health
infrastructure under the National Rural
Health Mission (NHRM). The fourth
Common Review Mission (CRM) of
NHRM published on 26 February
2011 appreciated Punjab’s progress
on health facilities and recommended
to other states for setting up an
autonomous body like the Punjab
Health Services Corporation (PHSC),
which has been instrumental for onschedule completion of health facilities
in the state.34
However, the report of the
(CAG) of India depicts the
administration of health and medical
services otherwise. The CAG report
that was tabled in the State Assembly
rapped the Punjab government’s
performance in NHRM, among
others, for poor utilisation of funds,
manpower
shortage,
inadequate
survey of required infrastructure,
insufficient community participation.
The report revealed that the state
health mission utilized only 83 per cent
of the available funds. It also revealed
that expenditure on health was highly
inadequate as State government’s total
spending in the health sector was short
by Rs 263 crore during 2005-10. The
total expenditure on health was only
Rs 4,004 crore against the envisaged
expenditure of Rs 4,267 crore during
the said period. It also pointed out
that maternal mortality rate (MMR)
and infant mortality rate (IMR)
during the mission period did not
improve and were nowhere near the
targets to be achieved by the NRHM.
It further pointed various gaps at
the health centres across Punjab.
These included – non-registration of
the Rogi Kalyan Samities under the
Societies Registration Act; lack of
proper infrastructure like buildings,
labour rooms, toilets and drinking
water, lack of operation theatre.35
The State government also failed
to find solution to alarming levels of
toxicity of the groundwater caused
due to seeping of deadly industrial
waste like uranium, lead, mercury and
other heavy metals and heavy doses
of pesticides into the grounds. In
over four dozen villages in the border
areas of Ferozepur district, toxicity of
ground water because of absorption
of toxins from the Sutlej river has
risen to such alarming levels that an
increasing number of children requires
wheelchairs more than toys, as they fall
victim to crippling disorders.36 Similar
is the case in as many as 36 villages in
Patiala district where drinking water
being fetched from hand pumps and
submersible pumps from 150 feet is
unfit for human consumption because
of extremely high level of total dissolved
solids (TDS) and biochemical oxygen
demand (BOD) in the ground water.
People in these villages are suffering
from physical deformities like hearing
impairment, mental retardation, skin
ailments and congenital musculoskeletal disorders.37
Punjab government claimed of
taking slew of measures to improving
school education. One of the measures
is said to be the launching of Special
Learning Centre (SLC) for out of
school children aged seven to 14
years who are to be made part of the
mainstream from Class III to VIII
through three bridge courses.38
However, the prevalent sorry state
of school education in Punjab does
not evoke any optimism. As many as
States Round Up
31,000 children below 14 years were
found to be out of school and 50%
of them are in eight to 14 years age
group who have never went to school.
A door-to-door survey, conducted
two-year back by State Education
Department, revealed that out of the
total 42,70,985 children between
six and 14 years, 1,00,457 were not
enrolled in schools.39
State run schools also lacked
infrastructure like buildings, furniture
and adequate number of teachers.
Primary, high and senior secondary
in Punjab faces acute shortage of
teachers as the state government failed
to appoint teachers. As many as 3,402
schools are functioning without any
in-charge with overall shortage of 35
per cent head teachers. A total of 1,362
primary schools lacked head teachers
while 568 posts of principals for senior
secondary schools are lying vacant and
71 per cent of the high schools are
functioning without any head teacher
as 1,197 schools do not have any
headmaster or headmistress.40
Rights of the farmers
The Punjab government miserably
failed to implement its decision taken
in 2008 to pay Rs 2 lakh to the families
of farmers who had committed suicide
after March 2008.41 As of mid-March
2011 compensation was paid only 16
farmers across the state.42 Of these, six
families who received compensation
were from Bathinda district where over
1,800 farmers have committed suicide
in the last decade.43 Interestingly, the
state government failed to pay money
to Punjab Agricultural University
(PAU), Ludhiana, Punjabi University
(PU), Patiala, and Guru Nanak Dev
University (GNDU), Amritsar, to
complete a survey to find out the
79
80
States Round Up
number of farmers who committed
suicide due to mounting debt. The
three universities were sanctioned Rs
22, 39 and 34 lakh respectively to
conduct a survey of 20 districts but
the state government released only Rs
5 lakh each to PAU and PU while no
money was released to GNDU.44
Status of the Right to Work NREGS
NREGS implementation remains
very poor and problematic in Punjab.
In Mohali district, only a mere 3,510
households were provided jobs out of
total 17,369 households registered in
fiscal 2010-11. Of these, 90 household
were allotted 100 days of work while
the total number of people allotted
work during the year was 4,094.45
Several districts in the state have
not followed the guidelines laid
down for the implementation of the
scheme. NREGS rules laid down
by the Union Government provides
that labour and material expenditure
should be in the 60:40 ratio. Several
districts have not spent more than 40
per cent of the money on the material
while several districts have not spent
more than 60 per cent on payment of
wages to the labourers. On the other
hand, administrative expenditure on
the implementation of the scheme i.e.
expenses on maintenance of its offices
and other infrastructure was much
higher than 6 per cent, the prescribed
limit.46
During on-the-spot inquiry in five
villages in two blocks of Jalandhar
district in January 2011, a nationallevel monitor (NLM) Jagdish Kumar
who investigated against nonpayment of unemployment allowance
and irregularities in implementation
of NREGS found that 28 workers
of Ramgarh village of Phillaur block
who were not allotted work nor paid
unemployment allowance.47 n
According to Chief Minister
Ashok Gehot, the new mining is
aimed at bring in transparency and
efficiency in mining operations
and minimise the scope for illegal
activities, corruption and creation
of mining mafia. The new policy
abolishes the Ministers’ discretionary
powers for allotment of mining
leases.
Discretionary
powers
provided under Rule 65 of the
Minor Minerals Concession Rules,
1986, for allotment of mining
leases and licences would be used
collectively by the State Cabinet.
The new policy reserve 50 per cent
of the mining areas for various
categories while remaining 50 per
cent is to be disposed of through
auction. The new policy also provides
for spending of 26 per cent of
profit from new leases in the tribaldominated areas in southern parts of
the State on welfare of tribals.3
political rights
Rajasthan
I. Highlights: Illegal mining
R
ajasthan, ruled by the Congress,
continued to hog limelight with
the issue of mining. While the State
government adopted a new mining
policy after a gap of 17 years to
apparently to promote value addition
in mining, generate employment
and exploit the mineral wealth of the
State prudently with balancing of
environmental considerations, there
were reports of illegal mining. Five
persons were arrested on 11 March
2011 for alleged illegal mining and
explosives were recovered from them
near Harmara area in Jaipur district.1
In March 2011, the Union Ministry of
Environment and Forests warned the
Rajasthan Government that it would
suo motu declare as ‘eco-sensitive
zones’ regions around national parks
and sanctuaries if it failed to check
rampant mining and other activities in
the areas.2
On April 2011, Mahendra Ajmera
was meted out third degree torture
at Alwargate police station in Ajmer
city allegedly to extract a confessional
statement in connection with a case of
murder.4
Around mid-June 2011, six students
from Tata Institute of Social Sciences
(TISS), Mumbai and National Law
School, Patiala who were interning
with Peoples’ Union for Civil Liberties
(PUCL) were illegally detained and
tortured at Dabla police outpost of
Patan Police Station in Sikar district
allegedly for visiting Neem ka Thana
mining areas in the district. The PUCL
members alleged a nexus between the
mining mafia and the state machinery
which was destabilizing the law and
order in the area.5
Prosecution into the murder of
Dara Singh in an alleged fake encounter
continued. As of 10 June 2011, the
Central Bureau of Investigations
(CBI) arrested six policemen including
Inspector General of Police (State Crime
Records Bureau) A. Ponnuchamy, Nisar
Khan, Naresh Sharma, Surendra Singh
Satyanarayan Godara and Munshi Lal,
while Additional Director General
A.K. Jain, Additional Superintendent
of police, Arshad Ali and others have
still not been traced. The CBI filed a
chargesheet naming 16 persons, several
of the accused being members of the
Special Operations Group.6
III. Violations of rights of the
Dalits
In Rajasthan Dalits faced violence
discrimination from the upper caste
Hindus as well as Muslims.
On 19 January 2011, dominant
Meo Muslims ransacked, looted and set
on fire the houses of 13 Dalit families
in Husaipur village near Bhiwadi in
Alwar district following the killing of
a Meo youth, Zahid, in an exchange
of fire between the two sides. While
the police arrested five Dalit youths
on the charge of Zahid’s murder, the
assailants who torched Dalits’ houses
and looted their belongings including
cash and jewellery have not been
arrested. 7 On 16 February 2011, Meo
Muslim mob reportedly attacked the
houses of Dalits at Chandapura village
in adjacent Bharatpur district injuring
over a dozen Dalits, damaging their
houses and killing their livestock.8 The
Dalit accused State Medical and Health
Minister Aimaduddin Ahmed Khan of
shielding the accused belonging to the
Meo muslims.9
In Rajsamand district, Dalits face
difficulties even to cremate bodies of
their community men as they were
not allowed in the crematorium meant
for upper caste. Upper caste Hindus
blamed them even when the monsoon
fails in the area and damaged their
cremation ground as a part of ritual.10
Dalit women particularly remain
vulnerable as they suffer discrimination
both on the basis of gender and caste.
Women Sarpanches belonging to
Dalit communities are being harassed,
intimidated and even subjected to
violence and not being allowed to
perform their duties by influential
people in villages. Because of caste
prejudices, the panchayat secretaries
and staff who are usually upper caste
people often do not cooperate with
Dalit sarpanches in the execution of
development works.11
IV. Violence against women
Women continued to be victims
of violence, especially sexual violence.
As many as 1,571 cases of rape were
reported across Rajasthan during
2010.12
ACHR collected numerous cases
of sexual violence during JanuaryJune 2011. The cases included- a girl
who was called at Pratap Nagar police
station in Jaipur in connection with a
case and stripped and molested by the
Station House Officer (SHO) and a
head constable on 23 January 201113;
a 23-year-old Jaipur-based fashion
designing student who was raped
by one Umesh Swani, a major in the
army at Khandwa Hotel in Jaipur in
February 201114; a woman who was
abducted from a bus stand in Nagar
in Bharatpur district by four persons
and gang raped on 6 April 201115;
a married woman from a nearby
village under Gangrar police station
who was allegedly raped by a trantric
States Round Up
(quack) in Chittorgarh on 16 April
201116; a 22-year old woman who
was poisoned to death after gang rape
by the Chairman of Sawaimadhopur
Town Committee, the son of a
Bharatiya Janata Party leader Rampal
Jaat and their two accomplices on 18
May 2011.17
the child
In a welcome development,
the Rajasthan Social Justice and
Empowerment Department established
child protection units in each district
for ensuring better implementation of
programmes and compliance with the
laws on children’s rights.18
Situations in the ground however
continue to be otherwise as violations
of the right of the child are rampant.
The girl child remains vulnerable to
sexual violence. The victims includeda minor girl who was kept as bonded
labour along with her adult sister
by a money lender identified as
Madan Meena at Baran district was
repeatedly raped by the money lender
and one of his friends in January
201119; a 11-year-old girl who was
molested by one of her teachers
identified as Susanta Kumar Rout
at Kantigadia Primary School under
Dharmasala police station in Jaipur
district on 2 April 201120; a 14-yearold girl who was allegedly abducted
and gang raped by eight youths at
Padampur village of Sriganganagar
district on 10 April 201121; a 16year-old girl from Bhilwara who was
allegedly raped by a trantric (quack)
in Chittorgarh on 16 April 201122;
a minor girl belonging to pastoral
Gayatri community who was confined
and raped two constables – Pawan
81
82
States Round Up
Kumar and Tej Singh – of Chhoti
Sadri police station in Pratapgarh
district on 15 May 2011.23
Child marriages are also rampant
and kicking. A latest district-level
household and facility survey found
that five districts of Rajasthan has
high incidence of child marriages.
These included Bundi with 84.3 per
cent followed by Chittorgarh with
73.6 per cent followed by Tonk with
73.9 per cent followed by Bhilwara
with 73.2 per cent followed by Jaipur
with 66.9 per cent. While all other
district showed an improvement
since the last survey in 2004, Jaipur
figures indicates 6.8 per cent increase
over its 2004 record of 60.1 per cent
child marriage.24
The State Government claims
to have made strides in eradication
of child labour with Chief Minister
Ashok Gehlot launching the second
phase of a campaign against child
labour, “Nanhe Haath Kalam Ke
Saath” (tiny hands with pen)25,
rescue of a number of child labourers
and arrest of employers. However,
much more concrete steps are needed
for eradication of child labour in
the state. There are over 12 lakh
child labourers, majority of them
agricultural labourer, in Rajasthan.
Children from the tribal-dominated
districts of Udaipur, Banswara and
Dungarpu in southern Rajasthan
continued to migrate to neighbouring
Gujarat to work in the Bt cotton
fields where they are allegedly forced
to work under inhuman conditions.26
The Vagad Bandhu project initiated
in Dungarpur by the District Collector
Purna Chandra Kishan has had some
visible impacts reducing child labour
and improving enrolment in schools
as the number of children taken to
Gujarat forcibly had come down from
30,000 to a few hundreds.27 However,
any program aimed at reducing child
labour would be ineffective without
the desired emphasis on livelihood
linkages or income generation avenues
to the impoverished tribals in the
Vagad region consisting of Udaipur,
Banswara and Dungarpur district.
About 50,000 children are reportedly
taken every year to Gujarat and a very
small number of them are actually
saved through special drives.28
VI. Special Focus: ESCR
Status of the right to workNREGS
In a highly welcome decision, the
Rajasthan Government announced
an increase in minimum wages of
workers under the National Rural
Employment Guarantee Scheme
(NREGA) with effect from 1 January
2011 raising the daily wage of a
NREG worker to Rs.135.29
However,
Rajasthan
once
considered being a role model for
rest of the country in NREGS
implementation is now lagging
behind. A people’s evaluation
of five years of NREGS found
that Rajasthan- both the pioneer
and front-running State in the
implementation of the scheme - was
showing signs of laxity now. Available
figures indicate that average jobs per
families have come down to 46 days
against 69 and 76 days in 2009-10
and 2008-09 respectively while the
average payment has shown a decline
from Rs.87 in 2009-10 to Rs. 75
in the current year. Against 65 lakh
families benefiting from the scheme
in 2009-10 the present figure is 54
lakh families.30 Rajasthan failed to
utilized the available funds under the
NREGS. Till 31 January 2011, only
30 per cent of the allotted budget
for the State could be utilized.31
Only Rs.32 crore was spent in Baran
district in 2010-11 out of a total
allocation of Rs.72 crore under the
scheme.32
NREGA
implementation
is
marred by corruption. In an inquiry,
the Ajmer district administration
detected of misappropriation of
NREGS funds amounting to Rs.56
lakh in Todgarh panchayat.33 Raising
issues of accountability led to physical
attacks. On 3 March 2011, Mangala
Ram, a Dalit activist was beaten
up by Sarpanch Ghulam Shah and
his accomplices at the panchayat’s
social audit meeting at Bamanor
village in Barmer district for seeking
information
about
employment
guarantee works under the Right to
Information Act and raising queries
about
non-implementation.
The
assailants attacked the victim with
an axe and thrashed him, breaking
his both legs.34 Shockingly in order
to protect the accused Sarpanch, the
department of rural development
and panchayati raj had ordered a reinspection of the NREGS work done
in Bamanor village where a special
audit by the department had earlier
revealed anomalies of nearly Rs 10
lakh.35
Status of the right to food
On 24 January 2011, Rajasthan
Women and Child Development
Minister Bina Kak launched the “Sabala
Yojana” aimed at empowerment of
out-of-school adolescent girls through
supplementary nutrition and life skills
training at anganwadi centres, ensuring
their mental and physical growth,
and enabling them to become selfsufficient. According to the minister,
the scheme which is to be implemented
in 10 districts would benefit about
eight lakh girls in the age group of
11 to 18 years. Under the scheme
the anganwadi centres would provide
supplementary nutrition to adolescent
girls for 300 days a year and they would
also get the benefit of anaemia-control
therapy, health check-ups, counselling
for
nutrition,
personal-hygiene
management and skill development
training.36
Public health facilities remain
very poor in Rajasthan. As many
as fifteen women died due to postdelivery complications after they were
allegedly administered contaminated
intravenous fluids in government
hospitals viz. Umaid hospital and
Mahatma Gandhi hospital in Jodhpur
city between 13 February and 6 March
2011.37 The Central Drug Laboratory
in Kolkata found samples of the IV
fluid contaminated and a team from
Post-Graduate Institute, Chandigarh
also held the contaminated IV fluid
responsible for the maternal deaths.38
Similarly, replies from the State
Medical and Health Department
accessed by Dausa-based NGO Akhil
Bharatiya Grahak Panchayat revealed
that three private nursing homes/
hospitals removed uterus of 226
women out of 385 women patients
who had visited the hospitals from
March to September 2010. The
three private hospitals which were
recognised for delivery under the
government scheme Janani Suraksha
Yozna (JSY) reportedly earned about
Rs.14,000 from each patient. The
Akhil Bharatiya Grahak Panchayat
claimed that the doctors removed the
uterus even when it was not necessary
to earn the money.39
The State Government also
failed to comply with the NHRC’s
recommendation for taking preventive,
remedial, rehabilitative measures and
payment of compensation to workers
who are affected or likely to be affected
by silicosis, a fibrotic lung disorder
caused by inhalation, retention and
pulmonary reaction to crystalline silica.
Rana Sengupta, managing trustee of
the Mine Labour Protection Campaign
(MLPC) claimed that the State
government failed to implement the
order of the NHRC.40
Status of the Right to Education
In a welcome development, the
state education department decided
to appoint 60,000 teachers of third
grade, 9,000 of second grade and
3,200 of lecturer’s rank in the schools
before the start of the next academic
session in July 2011.41 The education
department also decided to launch
special drive in July this year to school
more than 12 lakh children of 6 to 14
years who were found to be out of
the formal education system during
a child tracking survey conducted
across Rajasthan in December 2010.42
However, these decisions of the state
education department sit uneasily
with its failure to establish a primary
school for the tribals in Vasela Pali
village in Sirohi district for decades. As
the state education department failed
the villager, 95 percent of whom are
illiterate and earn their livelihood as
daily wage labourer were forced to raise
Rs.50,000 to build a primary school.43
Conditions of most existing
government schools are not good
States Round Up
either. According to the annual status
of education report (ASER) for 2010
prepared by Pratham, a non-profit
organisation promoting elementary
education, only 65 per cent schools
in Rajasthan meets the Right to
Education Act’s norm of having
at least five teacher in each school
while only 57.7 per cent of the 900
schools surveyed had an enrolment of
above 120. The ASER also revealed
that only 46.3 per cent primary
schools had 75 per cent or more
children attending the school on
a given day and 12 per cent girls
are out of school in the category
of 11 to 14 years, which is the
highest in the country. Quality of
learning is particularly a concern.
The ASER stated that only
33 per cent children in fifth class
were able to do a division sum
in mathematics and 51 per cent
were able to read a Class II level
text-book.44
housing
The Rajasthan Government was
about to complete the construct of
civic amenities in the slum colonies
in 55 urban areas of the State under
the Integrated Housing for Slum
Development Programme. As of 1
March 2011, 4,000 dwelling units
have reportedly been constructed while
construction works is being speeded up.
Exercise is underway for regularisation
of slum colonies, distribution of
title deeds, construction of roads
and sewerages and arrangements for
drinking water supply.45 On 31 March
2011, Chief Minister Ashok Gehlot
distributed registration papers of
newly constructed houses to 64 poor
families of a housing scheme under
83
84
States Round Up
the JNNURM in Ajmer. He also
announced his government’s efforts
to construct houses for 63,000 people
under the Gandhi Avasya Yojna for
the BPL families and the periphery
residents.46
Tamil Nadu
Right of land
n a significant judgement, the
Madras High Court Bench on 30
June 2011 directed the State’s Home
Secretary to register a case against
Madurai Police Commissioner P.
Kannappan, two Inspectors, a SubInspector and two Head Constables
on charges of malicious prosecution
and violation of human rights when
they served in Ramanathapuram
district in 1997. The Court passed
the order while allowing a petition
filed by S. Krishnamurthy seeking
action against the police officials for
torturing him and his friend Palani
to confess of having murdered a girl
who was found to be alive later. The
Court also condemned the action of
the Central Bureau of Investigation
for recommending only departmental
action against the erring police
officers despite holding them guilty
of violating human rights in a probe
conducted by the agency on the basis
of an order passed by the High Court
in 2007 in a similar petition filed by
the present petitioner.1
In another significant judgment in
the case of Muruganantham Vs. the
State Human Rights Commission &
others Tamil Nadu, (Writ Petition (MD)
No.13560 of 2010), the Madras High
Court on 2 February 2011 yet again
refused to quash a recommendation
made by the State Human Rights
Commission (SHRC) to the State
Government to pay a compensation
of Rs. 40,000 to a victim of human
rights violations in Tirunelveli district
Two companies based in Mumbai
and Delhi has allegedly duped scores of
farmers of more than 2,000 bigha of
agricultural land spread across several
villages near Phalodi town in Jodhpur
district. In one case, the entire land of
Mandali village measuring 632 bigha,
belonging mostly to the Rebari tribe,
has been sold.47 The state government
suspended Mahesh Sharma, tehsildar
of Bhopalgarh, and Ram Chandra
Meena, sub registrar (IV) of Jodhpur
and ordered a magisterial inquiry into
the scam. It was found that 38 deals
have been executed in Bhopalgarh
for the land measuring 6800 bigha
while nine deals have been executed in
Jodhpur (IV) for the land measuring
approximately 2300 bighas. Counsel
of the affected farmers estimated the
total number of deals to be close to
80 comprising the land upto 15000
bigha.48
About one lack people residing
in 73 villages in the Desert National
Park (DNP) in Jaisalmer and Barmer
districts face imminent displacement.
The inhabitants say they have been
living there for ages. The area was
earmarked as a sanctuary in 1980 and
the very next year it was declared as a
national park. With this all rights of the
villagers including building permanent
house or cultivation have been taken
away. However, the government
never gave the villagers an option of
relocating from the area or paying
compensation.49 n
I. Highlight: High Court
orders state to register case
against Police Commissioner
for human rights violation
I
on 3 October 2006. While dismissing
four writ petitions filed by the police
personnel challenging the SHRC’s
recommendations, the Court said that
they did not find any perversity in the
findings of the SHRC.2 In 2010, the
High Court dismissed a similar case.
The High Court also intervened in
a case where the accused police officers
refused to register an FIR pertaining
to rape. In March 2011, the Madras
High Court dismissed a writ appeal
filed by two police officers, including a
woman, challenging an order passed by
a single judge on 18 December 2009
to pay compensation of Rs.1 lakh to
a rape victim, who was made to run
from pillar to post to get her complaint
registered.3
political rights
documented the following cases of
human rights violations in Tamil
Nadu.
On 7 June 2011, Chandran (29
years), a theft accused, died in the
custody of a police team led by Sub
Inspector Devaraj in Erode district.
Police claimed the deceased committed
suicide by jumping into a well when
he was being escorted to his house to
recover the stolen mobile phone.4
On 2 June 2011, Markandeyan (48
years), summoned in connection with a
missing case, died at the Oomachikulam
police station in Madurai district. Police
claimed the deceased committed suicide
by hanging himself using his lungi.
Family members alleged torture.5
On 26 April 2011, A Thamarai @
Thamarai Selvan (26 years), picked up
in connection with a case of abduction,
died due to alleged torture at a Special
Task Force (STF) training camp near
Sathyamangalam
in
Coimbatore
district. Police claimed the deceased
developed some complications while
he was being taken to Coimbatore
and died. Deceased’s relatives alleged
custodial torture.6
On 15 March 2011 at about 12.30
am in the night, police picked up Ms
V. Nagakalyani, a mother of two, from
her residence in Tirunelveli district in
connection with alleged purchase of
stolen jewels. The victim, a jewelller’s
wife, was kept in illegal custody
between 15-17 March 2011. She was
released following intervention by the
Madras High Court.7
The police were even accused
of sexual harassment of female
colleague. In April 2011, a woman
police constable filed a public interest
litigation petition in the Madras
High Court seeking a direction to the
Director-General of Police (DGP) to
constitute a complaints committee for
enquiring into sexual harassment in
police stations, sub-divisional, district,
range and chief police office level in
the State. In her petition, the woman
constable informed the court that she
faced sexual harassment since joining
the police force.8
tribals
Tribals in Tamil Nadu continued to
be deprived of land rights under the
Forest Rights Act, 2006. Titles could
not be distributed as in June 2011 due
to a restrictive order of the High Court.
The state government received 21,781
claims, of which only 3,723 titles are
ready for distribution.9
On 21 February 2011, tribal
people blocked roads in Salem district
demanding the immediate issuance of
‘pattas’ to lands of tribal people and
for ‘poromboke’ lands, which are being
tilled by tribal people for long and the
implementation of the Forest Rights
Act, 2006. According to tribal activists,
a total of 36.5 per cent of tribals in
the state have no landed property
and those who possess lands are just
marginal and small farmers. Even these
lands are going out of their possession
due to lack of proper legislations and
purchasing of land in hill areas by nontribals. The state government vide
Order No.1168/F.D., dated 27.4.84,
prohibited the issuance of patta to
those who raise crops on poramboke
lands in the hills.10
Tribal areas remained backward.
On 3 January 2011, the police
administration in Dindigul district
decided to adopt three remote
villages on Kodaikanal hill to keep
tribals in regular stream of life and
prevent them from getting involved
in Naxal or extremist activities. These
identified villages were Kadugudhadi,
Thamaraikulam and Anna Nagar on
lower Kodaikanal hill. These villages
situated on the remote areas of
lower Kodaikanal hill, did not have
any amenities and many tribals are
illiterate and unemployed. According
to an initial survey, it was found that
only 10 out of 300 people living at
Thamaraikulam were literates.11
the Dalits
Caste discrimination continued to
be practiced against Dalits in rural areas
of Tamil Nadu. A new study conducted
in 213 villages across the state by
States Round Up
Evidence, a NGO, found about 40
forms of discrimination being practiced
against the Dalits. These
among
others, included two-tumbler system,
discrimination in schools, restrictions
on entry to temple, discrimination at
fair price shops, separation of burial
grounds, discrimination in primary
health centres and government
hospitals.12
On 5 February 2011, at least 10
Dalits, including women and children,
were injured after being attacked
by upper caste people for erecting
flag posts at Tamaraikulam area in
Virudhunagar district. The upper caste
people also ransacked their houses and
belongings.13
On 28 March 2011, Narayanan
(40 years) of Andichiyendal village
was allegedly beaten up by DMK
Member of Parliament (MP) J.K.
Ritheesh and others at Sholandur in
Ramanathapuram district. The victim
suffered injuries on his mouth and
nose. The police arrested the MP and
seven others.14
On 12 June 2011, A Vasanthakumar,
a 16-year-old dalit boy, was beaten up
by upper caste persons for fetching
drinking water from a public tap at
Karikkilipalayam village in Coimbatore
district.15
On 14 June 2011, Dalit Pakshirajan
(48 years) was allegedly beaten to death
by a upper caste person identified as
Muthu following a quarrel on a petty
issue at Tiruchendur in Tuticorin
district. The victim was beaten with
iron rod and ran over by the accused
with his vehicle.16
The Dalits were deprived of land
rights. As on 19 January 2011, the
land meant for 349 Dalit families
of Vandiyur Theerthakadu village
85
86
States Round Up
encroached by caste Hindus could
not be restored to them despite the
order of the Madras High Court to
vacate the land. These Dalit families,
living on the Vaigai riverbed, were
allotted 9.73 acres of land (Old
Survey No 260/2A, 260/2B New
Survey No.112/2A, 2B) by the
Tamil Nadu Adi Dravidar Welfare
Department on 3 March 1979. The
families were handed over pattas on
12 December 1995. The Madras High
Court had twice ordered the eviction
of encroachments and relocation of
Dalits in the identified lands. On
22 October 2010, the High Court
ordered the district administration
to relocate the encroachers and evict
them in accordance with the law
if they refused to move. However,
district administration failed to take
any action.17
the child
The rights of the children continued
to be violated in Tamil Nadu.
The provisions of the Juvenile
Justice Act are not implemented in letter
and spirit in Tamil Nadu. As on 8 April
2011, there were only eight Juvenile
Justice Boards (JJBs) constituted in the
state which has 32 districts. Many cases
of juvenile in conflict with law were
pending trial. There was inordinate
delay in filing chargesheets against
juvenile offenders. For example, 16
juveniles were languishing in the
Observation Home in Coimbatore
for more than six months as on 8
April 2011. Police are expected to file
chargeheets against juvenile offenders
within a stipulated three months. Only
after the chargesheets are filed, the
JJBs will hear the case. Some of these
children were undergoing detention on
petty cases. Some of these juveniles had
either no parents/guardians or parents
were in jails.18
In February 2011, the Madras
High Court directed the Kanyakumari
District
Social
Welfare
Officer
(DSWO) to monitor the functioning
of registered private juvenile homes and
initiate stern action if they are indulging
illegalities or irregularities. The Court
was hearing a public interest litigation
petition filed by a lawyer alleging that
the inmates of many juvenile homes
in the Kanyakumari district were illtreated and denied adequate food and
clothing. There are about 84 registered
private juvenile homes in the district.19
Children continued to be engaged
as child labourers in the state. On 17
February 2011, two child workers
identified as M. Ananthi (13 years)
and S. Kumar (12 years) were rescued
from textile units at K.V.R. Nagar in
Tirupur.20 Similarly, on 26 May 2011,
four children, allegedly engaged as
bonded labourers, were rescued by
a team of Revenue officials from a
rice mill at Red Hills in Tiruvallur
district.21
Minors were engaged as domestic
helps in violation of the Child Labour
Act, 1986. On 12 March 2011, a
14-year-old girl Ms R Pranathi was
allegedly murdered by Mr Ulaganathan
and his wife Ms Durga Priya, both
police constables, at their official
residence at the police quarters in
Washermenpet in Chennai. The girl
was engaged as a domestic help by the
accused. The girl’s father alleged that
his daughter was murdered and the
police cremated the dead body of the
girl at a crematorium despite the victim
being a Christian.22
VI. Violations of the ESCR
In Tamil Nadu, the schools under
the National Child Labour Project
(NCLP) for child labourers were short
of teachers. Many NCLP schools in
the state did not have class or subjectspecific teachers and teachers often run
classes concurrently for different ages
and even merge different classes into a
single classroom. According to a survey
conducted on NCLP schools, the
percentage of schools with a specific
class-teacher ratio is just about 2 per
cent in Tamil Nadu with Chennai and
Tirunelveli districts where the average
number of teachers per school is the
lowest. In addition, the survey found
that 25 per cent of teacher posts were
lying vacant in Tirunelveli district. The
study also revealed that the government
had sanctioned over 500 schools, but
only 376 were functioning in the state.
The sanctioned strength of students
was 24,800, but only around 18,000
students were enrolled in the schools.
Child labour is prevalent in Theni
district, but NCLP schools in the
district were handed over to the Sarva
Shiksha Abhiyan (SSA) project.23
On 1 March 2011, the Madras High
Court directed the State Government to
construct sufficient classrooms, a noon
meal centre and a compound wall for
the Adi Dravidar Government Middle
School at Idaiyankulam in Srivilliputtur
Taluk of Virudhunagar district before
15 June 2011. The Court passed the
direction while disposing a public
interest litigation taken up by the court
suo motu following a news report
on the problems faced by the school
students. The school was upgraded
from an elementary school to a middle
school without any additional building
and compound wall and functioning in
an unhygienic condition.24
The children of tsunami-affected
people were facing problem due to
serious lapses in rehabilitation in
Cuddalore district. The new habitations
created for accommodating them lack
basic utilities including schools. As
a result, these people are required to
revert to their original places for carrying
on the trade and other activities. As
most of these habitations were located
near the backwater, the school children
faced practical difficulties such as either
crossing the water source by boat or
taking a detour for about four kms to
reach a school.25
ii. Right of health
Although, Tamil Nadu has made a
visible success in health care and health
service delivery, there are areas where
health care facilities remained neglected.
For instance, there was no health
centre for about 3,000 tribals of
Padasolai village in Thirupulinadu
panchayat in Kolli Hills at the end
of June 2011. The Primary Health
Sub Centre (PHSC), built about 20
years ago, at the village, remained
unmanned. In the absence of a health
centre, the tribal villagers had to rush to
the government hospital at Semmedu,
which is 15 km away during medical
emergency. While majority of the
villagers depend on the traditional
doctors for both during medical
emergency such as child birth or other
major ailments and minor ailments
such as cold, stomach ache, etc. In
the last two decades, three district
collectors assured steps to revive the
health centre, but in vain.2626.
Healthcare is a mirage for 3,000
villagers in Kolli Hills, The Hindu,
23 June 2011. n
States Round Up
Tripura
I. Highlight: Tripura failed to
protect endangered tribes
T
he Karbong tribals of Tripura
were on the verge of extinction
due to government’s apathy. Presently,
only few families of Karbong tribe are
surviving. They were extremely poor,
illiterate and without basic amenities.
However, the government has not
recognized the Karbong tribe as
Particularly Vulnerable Tribal Group
(PVTG) which would have entitled
them to specific programmes meant for
their development as PVTGs. The state
government failed to take adequate
steps to protect the diminishing tribes,
their traditional life, culture and socioeconomic position.
On 16 March 2011, Tripura Tribal
Welfare Minister Aghore Debbarma
stated there were presently only 20-25
of Korbong families in the state. Their
population was over 200 families in
1931.1
According to figure submitted
to the Centre, Tripura tops in the
implementation of Forest Rights Act,
2006. The state government received
a total of 1,75,662 claims/applications
of which it disposed of 1,75,017 claims
(99.63%) as on 31 June 2011. Out of
the total claims disposed off, 1,18,883
titles were distributed and 56,134
claims were rejected.2
In January 2011, the Prime
Minister’s Office (PMO) declined to
amend the Forest Rights Act (FRA)
2006 to pave the way for allotment
of land to non-indigenous people
traditionally living in forest areas.
Earlier, State’s Chief Minister Manik
Sarkar requested Prime Minister
Manmohan Singh to amend the FRA
to facilitate land allotment among
non-indigenous people traditionally
living in forest areas. The state
government allotted land to two
applicants
from
non-indigenous
traditional forest dwellers. The state
had reportedly received applications
from
35,310
non-indigenous
traditional forest dwellers.3
political rights
documented the following cases of
human rights violations by the security
forces in Tripura.
On 27 January 2011, Abdul
Haque (30 years) was shot dead by
the personnel of Border Security Force
(BSF) at Durgapur village near the
Indo-Bangla border in West Tripura
district. The BSF claimed that the
deceased was a cattle smuggler and
was killed when he tried to smuggle
cattle across the border. However, the
villagers alleged that the deceased was
killed in cold blood.4
On 15 April 2011, a tribal
identified as Haresh Chakma was
beaten up by three Special Police
Officers (SPOs) of Tripura Police
during a festival at Hemshuklapara
village in Kanchanpur subdivision
of North Tripura district. Thereafter,
the accused personnel identified as
Havildar Bijay Mazumder and three
SPOs, Subhash Reang, Hiralal Nama
and Harekrishna Nath had taken the
victim to the Laljuri SPO camp and
then to Laljuri police outpost where
he was allegedly again tortured. The
victim sustained serious injuries and
had to be admitted to hospital.5
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States Round Up
On 1 May 2011, a prisoner
identified as Fazar Ali (45 years) died
under mysterious circumstances in
the Agartala Central Jail. Jail officials
claimed that the prisoner committed
suicide.6
On 14 May 2011, Abu Hanif
(37 years), a daily labourer, was killed
by a Border Security Force personnel
at Sonapur area under Sonamura
Sub-Division
in
West
Tripura
district. The deceased was returning
home when he was shot dead by the
accused allegedly without issuing any
warning.7
The police were accused of
inaction. On 19 January 2011, the
Tripura Women’s Commission (TWC)
expressed concern over alleged police
inaction against those involved in the
torture of a woman in a village in West
Tripura district. The tortured woman,
sister of one Akkas Ali, was forcibly
dragged from her house at midnight to
a nearby spot and tortured.8
The armed opposition groups in
particular the National Liberation
Front of Tripura continued to violate
international humanitarian law.
On 31 January 2011, GN Mani
(30), an official of a construction
company, was killed in an attack
by National Liberation Front of
Tripura (B) cadres at Shewapara
village under Vangmun police station
in Kanchanpur sub-division along
the Indo-Bangladesh border. The
deceased was proceeding towards
the border area in a vehicle for
supervision of construction works.
The driver identified as Litan Das
(21 years) also sustained serious bullet
injuries on his legs.9
On 7 March 2011, seven labourers,
all non tribals, were abducted by
NLFT cadres at gunpoint from the
construction site at Bhagirath village
under Gandachara subdivision in
Dhalai district. Three of the labourers
managed to escape from captivity. The
labourers were engaged to construct
a health sub-centre. The NLFT
reportedly demanded a ransom of Rs.
20 lakh to set them free. The kidnapped
victims were identified as Akhil Uddin
(27 years), Fatik Miah (18 years), Sarit
Uddin (30 years) and Kadir Uddin (21
years), while the escaped victims were
identified as Bahar Uddin (30 years),
Rajesh Paul (18 years) and Sahab
Uddin (20 years).10
On 7 April 2011, two persons
identified as Purna Mohan Tripura
(45 years), a surrendered rebel, and
Surendra Tripura (43 years) were
kidnapped by members of NLFT (B)
at gunpoint from Diyka village under
Nutanbazar police station in West
Tripura district.11
On 7 June 2011, eight tribals
identified as Birsen Tripura (28 years),
Uttamjoy Tripura (25 years), Manjoy
Tripura (27 years), Parsenjoy Tripura
(28 years), Shambhujoy Tripura (28
years), Shantimohan Tripura (45
years), Alinda Tripura (40 years) and
Shanti Kumar Tripura (50 years) were
kidnapped at gun point by suspected
cadres of NLFT (BM) at Owanasa
Para village under Gandacherra police
station of Dhalai district. Five of them
were released on the next day.12
On 30 June 2011, six tribals
identified as Kulendra Reang (55
years), Khagendra Reang (26 years),
Bipadjoy Reang (60 years), Karanjoy
Reang (52 years), Nabajoy Reang and
Golamani Chakma (23 years) were
kidnapped by NLFT cadres for ransom
from Ujanbari Reang Para under
Nutun Bazar police station in South
Tripura district.13
women and child
Women and girl child were targeted
for sexual abuse. The police themselves
were responsible for the violations.
On 19 February 2011, a tribal
woman identified as Mrs. Nilima
Debbarma (27 years) was gang-raped
and killed allegedly by the personnel
of Tripura State Rifles (TSR) near the
6th TSR Battalion camp at Shikaribari
village in the West District. The
deceased was a contestant of National
Conference of Tripura (NCT) for the
village committee elections under the
Tripura Tribal Areas Autonomous
District Council (TTAADC). At the
time of the assault, the deceased was
on her way to a villager’s house for
campaigning.14
On 23 February 2011, a 15-year-old
minor tribal girl was raped allegedly by
a TSR personnel identified as Tejendra
Barui at Nandakumarpara village in
Khowai subdivision in West Tripura
district. The accused belongs to 6th
Battalion of TSR and was deployed for
the Village Committee Elections. The
victim’s relatives alleged the accused
raped the victim after forcefully
dragging her to a nearby jungle while
she was returning home from her
relatives’ house.15
i. Right to health
Health care continued to be dismal
due to state government’s apathy. This
was reflected in the lack of health care
facilities in Amarpur Sub-Division
in South Tripura district. As on 11
February 2011, there was lack of
emergency health transport system,
proper infrastructure and an apathetic
medical staff in the Sub-Hospital
in Amarpur. The hospital has no
ambulance of its own. The condition
of Primary Health Centres located in
the tribal hamlets of the sub-division
was worst with the doctors posted
reportedly remain absent for most of
the time.16
There were no safe drinking water
facilities in tribal villages of the state.
In February 2011, Badal Chowdhury
admitted that hundreds of tribal hamlets
were still devoid of safe drinking water
facilities.17 Lack of safe drinking water
remained one of the factors for poor
health among the tribals.
The state government also failed to
contain malaria in remote tribal areas.
As on 8 June 2011, at least 15 persons
reportedly died in remote areas under
Dhalai district over a month.18
Tripura failed to notify rules even
after one year of the Right to Education
(RTE) Act came into force. Under the
RTE Act, states were supposed to set
up State Commission for Protection
of Child Rights/Right to Education
Protection Authority. On 8 March 2011, the Supreme
Court directed the state government of
Tripura to ensure that all schools and
hostels of educational institutions are
free from the occupation of security
forces within two months. As many as
16 schools were continued to be under
the occupation of security forces in the
state.19
Lack of basic school infrastructures
remained a problem.
As of 10 February 2011, several
schools in Amarpur Sub-division
lacked proper buildings. For example,
there was no roof in the classrooms of
Chhechhua Senior Basic School run by
Tripura Tribal Areas District Council
(TTAADC) in the sub-division.
Domestic animals were often seen tied
in front of the school building. The
corrugated tin sheets used at the time
of construction of the school building
as roofing material were blown away
during the last monsoon. No repair was
carried out since then. Bits of tin were
hanging from the wooden construction
supposed to hold the roof, posing
serious threats to the students. The
deplorable condition of the school was
reported to the Inspector of Schools
several times. But, no step was taken.20
There were also reports of corporal
punishment in schools. For instance,
on 10 June 2011, three girl students of
Class III and V standard were severely
beaten up by teacher Sribas Ghosh
at South Manik Bhandar S B School
in Dhalai district. The students were
reported to be causing disturbance
during an examination two days
earlier. All the victims were admitted
to Kamalpur subdivision hospital for
treatment. Police registered a case
against the accused teacher.21
States Round Up
iii. Denial of rehabilitation to
border fencing victims
The people affected by the border
fencing along the Indo-Bangladesh
border in Tripura continued to
be deprived of proper relief and
rehabilitation.
On 2 February 2011, hundreds
of people displaced due to erection
of barbed wire fence along the IndoBangla border in Tripura launched an
indefinite hunger strike demanding
immediate rehabilitation. Tripura has a
856-km-long border with Bangladesh
of which 675 km had been fenced to
check infiltration of illegal migrants
and Indian insurgents from fleeing to
Bangladesh, illegal trade and transborder crime.22 Many of the displaced
families were leading a miserable life
after they lost their fertile land due
to fencing. Over 8,500 families living
along the border have been affected
due to the construction of the barbed
wire fencing.23
According to State Revenue
Minister Badal Chowdhury, out
of
the
total
8,730
affected
families, about 4,000 families were
rehabilitated and the rest were
still awaiting rehabilitation as on
9 April 2011.24 n
Uttar Pradesh
I. Highlight: Courts questions
state land acquisition policy
U
ttar Pradesh continued to be in
the spotlight for controversial
land acquisition and denial of adequate
compensation. Both the High Court
and the Supreme Court ruled against
a number of state government’s
notifications for acquisition of land,
thus putting a question mark on the
land acquisition policy of the state.
In May 2011, the Allahabad
High Court cancel three separate but
similar land acquisition notifications
by the state government at Sahberi
village,1 Gulistanpur village2 and
Surajpur village in Greater Noida in
Guatambodh Nagar district.3 The lands
89
90
States Round Up
were acquired by invoking the urgency
clause, which deprived the farmers to
be heard and file objections before the
state authorities.
Earlier in March 2011, the
Supreme Court quashed the state
government’s order of acquiring land
in Shahjahanpur, Azamgarh, Jaunpur
and Moradabad under emergency
clause for constructing a jail.4
The state government failed to
provide
adequate
compensation
for the land acquired, resulting in
conflicts. In May 2011, four persons,
including two policemen and two
farmers, were killed and several
others injured when clashes broke
out between farmers and police over
land acquisition at Batta and Parsual
villages in Greater Noida.5 Earlier on
21 January 2011, a farmer identified
as Gulab Vishwakarma allegedly died
in police action6 and several others,
including police personnel, were
injured when protest turned violent in
Karchana tehsil in Allahabad district.7
political rights
Uttar Pradesh continued to be the
top human rights violator. In JanuaryMarch 2011 alone, the National
registered a total of 18,772 cases of
human rights violations from across the
country. Of these, 11,091 cases (59%)
were reported from Uttar Pradesh. In
addition to the NHRC figure, the State
Human Rights Commission (SHRC)
independently received over 8,000
human rights violation complaints
between January-April 2011.8 Half
of these complaints were against the
police.
documented a number of human
rights violations including a number of
custodial deaths.
Those who were killed in police
custody included Maniram Singh
(67 years), resident of Amwar village,
died at Chandwak police station in
Jaunpur district on 6 January;9 Dalit
Amarpal (30 years), a theft suspect,
died at Gajraula police station in Jyotiba
Phule Nagar district in February;10
Mohammad Salim (55 years), a
theft suspect, died after release from
Galsaheed police station in Moradabad
district on 3 March;11 Kamlesh Kumar
Patel, a murder accused, died at
Gambhir police station in Azamgarh
district on 15 April;12 Aziz (58 years),
an accused in a minor case, died at
Civil Lines police station in Aligarh
district on 8 May;13 Nagendra Singh,
arrested in a case of elopment, died at
Dubolia police station in Basti district
on 15 May14; Shambhunath Singh
Kushwaha (58 years), picked up in
a minor case, died after taken into
custody at Dildarnagar police station
in Ghazipur district on 7 June;15 Gaya
Prasad (35 years), a murder accused,
died at Ghunghter police station in
Barabanki district on 14 June;16 and
Dr. Y.S. Sachan, Deputy Chief Medical
Officer and a murder accused, died
at the District Jail, Lucknow on 22
June.17
In all the above cases, the family
members of the deceased alleged
custodial torture resulting in the
deaths, while the police claimed suicide
or death due to illness.
Apart from the custodial deaths,
ACHR documented one case of
custodial rape. On the night of 19
June 2011, a 45-year-old woman was
allegedly raped by two policemen
at Punethi police outpost in Aligarh
district. The victim alleged that she was
raped when she was being taken to the
Punethi police outpost for questioning
in connection with a theft case.18
the Dalits
Dalits continued to be targeted
because of their caste. Some of the
instances of atrocities against Dalits
documented by ACHR during JanuaryJune 2011 are given below.
In January 2011, 30 Dalit students
of the Institute of Management
Studies in Ghaziabad district, a private
inistitute affiliated to the Uttar Pradesh
Technical University, were allegedly
forced to tonsure their heads as the
state government delayed payment of
their fees.19
In May 2011, Dalit Rajmohan, a
daily labourer, was killed and his body
hanged from a tree allegedly by upper
caste persons for demanding wages in
Ballia district.20
Dalit women and girls were most
vulnerable. On 25 January 2011, a Dalit
girl Aarti, daughter of Ram Chandra,
was raped and killed by four upper
caste persons in a field under Chinhat
police station area in Lucknow district.
The first post-mortem conducted by
Dr RK Saxena had ruled out rape but
the second post-mortem confirmed
rape. The police arrested all the accused
and Dr RK Saxena was suspended and
an FIR was ordered against him for
concealing facts.21
On 5 February 2011, Dalit girl
Savita’s (name changed) nose, ear and
part of her hand were chopped off by
three upper caste persons identified as
Shiv Om, Hari Shanker Pasi and Ram
Ratan at Udrauli village under Bindki
Police Station in Fatehpur district. The
victim resisted the rape attempt on
her.22
On 14 June 2011, a 14-yearold Dalit girl was beaten up by two
suspected upper caste persons and
stabbed in the eyes when she resisted
the rape attempt in Gursahaiganj police
station areas in Kannauj district.23
On 19 June 2011, a 35-year-old
widow, mother of two, died after she
was gang-raped and set ablaze by three
upper caste persons identified as Sunil
Yadav, Suman Yadav and Mulayam
Singh Yadav at Sabhapur village in
Etah district.24
the child
The police continued to show scant
respect to the provisions of the Juvenile
Justice Act.
On 14 January 2011, four minor
boys (names withheld), aged between
10 to 14 years, were illegally detained
and allegedly tortured at Vihar Ghat
police Out-post under Derapur police
station in Ramabainagar district. The
minors were picked up in connection
with a theft case. On the next day, they
were released, however, one of the
victims identified as Master Vijay Singh
allegedly committed suicide unable to
bear the trauma of police torture.25
On 1 February 2011, 14- year-old
Vijay (name changed), a student of class
VIII, was released from police custody
at Kakore police station in Gautam
Budh Nagar district. The minor was
picked up on 27 January 2011 in lieu of
his brother who was accused in a case
of burglary. The minor was detained at
the police station with handcuffs for
five days allegedly without proper food
and blanket in the chilly nights.26
On 24 March 2011, a 12-year-old
boy (name withheld), son of Bishen
Singh, was charged for anticipated
“breach of peace” under Section
107/16 of the Code of Criminal
Procedure (CrPC) in Shahjahanpur
district. The police had shown the age
of the minor as 18 years.27 In a similar
case, the police in February 2011
withdrew proceedings against an
11-year-old boy under stringent
Goonda Act registered at Jhinjhana
police station in Muzaffarnagar
district after his father lodged
a complaint with the District
Magistrate. The police stated that the
proceedings against the minor were
wrongly initiated during panchayat
polls. Goonda Act provides for
preventive detention for a period of
three months and imposes stringent
conditions for securing bail.28
Children in need of care and
protection were living in inhuman
condition in orphanages and jails. In
On 9 June 2011, the Allahabad High
Court summoned district officials
of the Education and Social Welfare
department over the plight of children
at the Shishu Bal Griha (a state-run
orphanage) in Shiv Kuti in Allahabad.
The High Court passed the order
following submission of report by a
committee constituted by the Allahabad
High Court Bar Association. The
Committee in its report told the court
that children of the orphanage were
living in inhuman conditions despite
grant of adequate fund.29As many as
48 children were kept in two rooms
without any ventilation.30
As on 20 April 2011, at least 24
children, below six years of age, were
lodged in the Dasna Jail in Ghaziabad
district. These children were confined
States Round Up
at the jail as their mothers were
undergoing sentences for different
crimes.31
Minor girls were targeted for sexual
crime by the security forces. On 10 June
2011, a minor girl was found hanging
from a tree in the premises of Nighasan
police station in Lakhimpur-Kheri
district. The girl’s mother alleged that
her daughter was raped and murdered
by the policemen posted at the
police station. The state government
suspended all the 11 policement posted
and ordered a probe.32
On 17 January 2011, 16-year-old
girl, a resident of Duli Khera in Unnao,
was allegedly raped by four railway
police personnel inside a passenger
train at Kanpur Central Railway Station
in Kanpur district. The victim lost her
way and the accused approached the
victim pretending to help her took her
inside the train where she was gangraped.33
V. Violations of the ESCRs
i. Farmers dying in Bundelkhand
region
According to media reports, over
500 farmers committed suicide in
Bundelkhand region in January-May
2011. On 15 June 2011, the Allahabad
High Court asked the state government
to submit a detailed report about each
and every suicide reported in the
region. The farmers committed suicide
allegedly due to indebtedness and
coercive methods of recoveries. The
court also asked the state government
to explain how the central assistance of
Rs 7,000 crores for Bundelkhand had
been utilised.34
The Centre had released Rs 800.97
crore under Additional Central Aid
(ACA) component for various projects
91
92
States Round Up
such as animal husbandry, horticulture,
forest, irrigation, minor irrigation, rural
development, dairy development and
watershed management departments.
However, the state government failed
to utilize the funds for the development
of Bundelkhand region. The state
govenremnt managed to utilize less
than 10% of the funds. According to
Planning Commission data, against
the fund release of Rs 800.97 crore,
the state government submitted an
utilization certificate for only Rs 71.92
crore.35
The NREGS was not properly
implemented in the Bundelkhand
region. According to a report of the
District Rural Development Authority
(DRDA), Jhansi, a total of 9,271 tasks
under NREGS were behind schedule
in the region. Of these, 3,151 were
delayed for over three months. Most of
these works relate to water conservation
activities.36
ii. Plight of the bonded labourers
Bonded labours continued to be
practised in Uttar Pradesh. On 31
January 2011, 34 bonded labourers,
residents of Chhattisgarh, were freed
from a brick kiln at Malethu village
in Sitapur district. The freed bonded
labourers included nine women and
13 children. Earlier on 29 January
2011, 62 bonded labourers, also from
Chhattisgarh, were freed from a brick
kiln in Keraon village in Jaunpur
district.37
On 23 March 2011, the NHRC
filed a Public Interest Litigation (PIL)
in the Allahabad High Court seeking
directions to the state government for
quashing its communication dated 16
June 2006 under which four categories
of brick kiln labourers including
nikasiwala, pathera, bharaiwala and
chunaiwala were denied the benefit
of revised wages. The NHRC while
enquiring into a complaint of bonded
labour found that the wages of these
four categories of brick kiln workers
had not been revised by the state
government since 8 August 1990. The
state government did issue a notification
on 24 February 2006 revising the
wages of the brick kiln labourers, but
the notification was subsequently
withdrawn on 16 June 2006 with the
result that the poor labourers working
in brick kilns were doomed to a state
of penury and reduced to the status of
bonded labourers.38
Further, the NHRC in April 2011
decided to send an investigation team
to look into the plight of bonded
labourers in a brick kiln in Domanpur
village of Azamgarh district. The
workers alleged that they were being
forced to work as bonded labourers to
repay their debt.39 n
Uttarakhand
I. Highlights: Non utilization
of Central grants
S
tate Governments often accused
of the Central Government of not
giving adequate aid for developments
in the state. But it has been found that
the case is otherwise. It is the States
which failed to avail the Central aid
because of their inability to utilize
the central grants given to them
for implementation various central
schemes.
Uttarakhand, ruled by the Bharatiya
Janata Party (BJP) failed to utilized a
total of Rs 3078.28 crore as Central aid
during the past four years and the said
funds lapsed. The unutilized central
aid included- Rs 411.34 crore out of
Rs 1192.75 crore Central aid granted
for the financial year 2007-2008;
Rs 812.78 crore out of Rs 1683.51 crore
Central aid allocated for the year 20082009; Rs 1030.64 crore fund out of Rs
1784.25 crore granted for various Central
schemes in 2009-2010 and Rs.823.52
crore Central fund out of Rs 1854.98
crore granted for different Central
schemes for the year 2010-2011.1
During the fiscal year 2010-2011,
major chunk of the central aid that the
State Government failed to utilized
was of the schemes like rural drinking
water scheme, Jawaharla Nehru
National Urban Renewal Mission
(JNNURM), universal education
campaign. Rs 197.18 crore lapsed out
of Rs 361.02 crore allocated for rural
drinking programme while Rs 197.18
crore lapsed out of Rs 218.56 crore
allocated for JNNURM programme
and Rs 77.21 crore lapsed out of Rs.
Rs 368.21 crore allocated for universal
education campaign.2
political rights
On 15 January 2011, a taxi owner
identified as Ritesh Poona alias Rocky
was tortured to death in the custody of
Bageshwar police station in Bageshwar
district and threw his body into the
Saryu River. Three policemen identified
as sub-inspector Chandra Prasad Lodhi
and constables Naveen Joshi and
Mahesh Dangwal were arrested and
sent to Almora jail.3
On 23 May 2011, a police constable
Pradeep Giri and a jawan of Home
Guard Chetlal allegedly tortured to
death on Sarop Singh, a resident of
Chamiyala to death at Ghansali police
station in Tehri district on 21 May
2011.4
The prosecution of the seven
policemen accused of being involved in
the extra-judicial execution of Ranbir
Singh, a young MBA student from
Ghaziabad, on 3 July 2009 continued.
In April 2011, a special CBI court in
Dehradun issued non-bailable warrants
against seven Uttarakhand police
officers and notices to 11 other accused
in the case.5 On 17 March 2011, the
Supreme Court cancelled the bail of
the accused and transferred the trial in
the case to a special court of the Central
Bureau of Investigation (CBI) in Delhi
from Dehradun.6
forest dwellers
Despite being in existence for about
75 years, about 200 forest villages
in the entire Tarai-Bhawar region
of Uttarakhand7 including the one
surrounding Corbett Tiger Reserve
(CTR) continued to be deprived of all
basic facilities like electricity, drinking
water, health, education and other
things because of non-recognition as
revenue villages. Due to non-revenue
status to these villages, the villagers
have not even been issued domicile
and caste certificates. Recently, the
people from these forest villages
rejected Government’s formula of
rehabilitation outside the forest on
the lines of Rajasthan Government
and demanded revenue status to
their villages.8 They have also been
demanding the implementation of
Scheduled Tribes and Other Forest
Dwellers (Recognition of Forest
Rights) Act of 2006 in their areas.9
On 11 March 2011, villagers from
14 villages in Sunderkhal forest under
the Corbett National Park forced
Union forest minister Jairam Ramesh
to cancel his visit to the National
Park to attend the concluding session
of a three-day international workshop
on tigers.10
IV. Status of internally
displaced persons
Human habitation in natural
disaster prone areas posed a great threat
to the lives of around 2,592 families of
Uttrakhand. According to a report by
the Kumaon Division Commissioner
to the Uttarakhand Chief Secretary,
about 2,592 families in all districts of
Kumaon region are found living in
those areas which are highly sensitive
from natural disasters like landslide,
earthquakes, cloudbursts etc.11
Hundreds of families who were
displaced due to flash floods last year
continued to be homeless so far. Over
one thousand families are still living in
tents and makeshift accommodation.
Uttarakhand Minister for Disaster
Management Khajan Das blames
the Central Government for what
he term indifferent attitude towards
the plight of the homeless victims
of the flood. He alleged that the
Central government neither released
any financial assistance nor eased the
tougher Central Relief Scheme (CSR)
law which has only delay the relief
operation. He alleged that failure of
the Central government to simplify
the tougher CSR which is inapplicable
in hilly areas like Uttarakhand
made spending difficult and this has
States Round Up
resulted in non-utilisation of over
50 per cent of the sanctioned fund in
most affected areas.12
women
In Uttrakhand women suffers
curtailment of their rights. On 19 April
2011, the Sarai Village panchayat has
banned village women from working.
The panchayat has reportedly decided
to impose five lashes of a whip and
slapped a fine of ‘5,100 upon any
woman from the village, who goes
to work. Two days earlier on 17
April 2011, the Panchayat of village
Gaduvali had banned village women
and girls from going to their respective
workplaces alone.13
Women also increasingly face
violence at home. Around 1,000 cases
related to domestic violence act have
been registered in the Women and
Child Welfare Department. Dehradun
District Protection Officer Ramendri
Mandrawal stated that his office
receive around 20 cases daily related to
domestic violence Act. He stated that
five girls registered their complaints
against their parents for since April
2011 and sought protection from the
department.14
VI. Status of the Economic
Status of realization of the right to
work – NREGS
Record of implementation of the
National Rural Employment Guarantee
Scheme (NREGS) remained mixed. In
some districts it was satisfactory while
it was not. Over nine lakhs man days
work were generated and provided to
job card holders in various blocks of
Dehradun district spending Rs.15.11
93
94
States Round Up
crores during April – December
2010.15 But residents from some
villages under Ramgarh Block in
Nainital district alleged that they have
been discriminated in distribution of
jobs under the NREGS as two to three
persons from a single family in other
villages are getting works while not a
single member of many families in their
village has so far got any job under the
scheme.16
Status of the Right to Health
In
November
2010,
the
Uttarakhand government launched
the
Mukhyamantri
Sudurvarti
Swasth Sudradhikaran Yojana aimed
at providing health and medical
assistance to villagers living in the
fringe areas in all 13 districts of the
state. The scheme was intends to
create a force of individuals, known
as Sudurwarti Swasthya Sahayaks
(health workers), to support and
enhance the reach of public health
services to the most inaccessible of
the state. The criterion for choosing
beneficiary villages was that these
villages should be at least 5 kms away
from the nearest health care facility
in urban and 3 kms away in rural
areas. The State Health department
earmarked to cover around 3000
villages under this scheme and at least
one individual was selected from each
of these villages to be trained as a
SSS to be trained by the GVKEMRI108.17 In March 2011, Uttarakhand
head of National Rural Health
Mission (NHRM) Ajay Bhatt said that
various schemes are in the pipeline to
improve the health facilities in remote
areas of the state.18
However,
the
earlier
poor
performance record of the State
Health Department does not evoke
much optimism. The ground reality
differs from lofty claims of the
department as villagers still have to
traverse several kilometres to avail
medical facilities. The 4th Common
Review Mission of the National
Rural Health Mission (NHRM) by
the Ministry of Health and Family
Welfare reportedly found critical gaps
in 11 key areas in the implementation
of the scheme in Uttarakhand. The list
included- infrastructure upgradation,
service delivery, human resource
planning, training of health workers,
facility utilisation, outreach services,
financial management, decentralised
local health action, family planning
services and biomedical waste
management were all found to be
deficient. Despite record-breaking
cold during the winters, at many health
centers there were no critical neonatal
facilities including baby warmers,
room heaters, oxygen cylinders, hot
water and food; compelling poor
mothers to leave the hospital soon
after delivery against the required 48hour stay. Health facilities designated
as First Referral Units are not fully
operational. In most health centers
not even drinking water is available
for patients and attendants.19
Facilities have not improved even
in the district hospitals as Uttarakhand
face acute shortage of medicos. More
than 1,000 health posts have reportedly
been functioning without doctors in
Garhwal and Kumaon division of the
state as medicos are not showing any
interest to join the cadre due to very
rigid transfer policy.20
Status of the Right to Education
In a highly welcome development
the
Uttarakhand
Education
Department decided to provide free
uniform to students of class 1 to 8
belonging to weaker sections including
Scheduled Caste, Scheduled Tribes and
Other Backward Classes. According to
SSA State Project director Sowjanya
around eight lakh students across the
state will be given Rs.400 each as
cost of uniform through their School
Management Committees. The State
Education department had reportedly
received Rs.33 crore from the Central
Government for providing uniform
to the students belonging to weaker
section. In addition to this, 250 students
of Primary School and 500 students
of Upper Primary School living in
remotest areas of the State have been
identified for payment of Rs.250 each
annually as transport cost.21
The State Education Department
failed secure compliance of the Right
to Education Act. There consistent
allegations of overcharging parents by
public (private) schools in Dehradun.22
Most public schools also refused
to comply with 10% reservation in
admission for students belonging to
Scheduled Caste/Scheduled Tribes
despite submitting an affidavit to
implement 10 per cent reservation
of seats for SC/ST students in their
schools.23
Right to adequate housing
Scores of families affected by the
floods 2010 in Udham Singh Nagar
district continued to be deprived of
benefits under the Indira Awas Yojana
despite adequate fund allocation.
District Magistrate BVRC Purushottam
sought detailed explanations from the
Indira Awas Yojana project director,
and chief development officer for not
allowing the benefits of the scheme
to reach valid candidates affected by
natural disasters.24 n
States Round Up
West Bengal
I. Highlight: Political violence
P
olitical violence between cadres of
ruling party and the opposition
in West Bengal is well known. On 24
December 2010, Union Home Minister
P Chidambaram wrote a letter to then
Chief Minister Buddhadeb Bhattacharjee
asking him to ensure that the armed
cadres belonging to “Harmad Vahini”
of the ruling CPI(M) are “immediately
disarmed and demobilized”. According
to Ministry of Home Affairs (MHA),
upto 15 December 2010, 96 Trinomool
Congress (TMC) cadres, 65 CPI(M)
cadres and 15 Congress cadres were
killed while 1,237 TMC cadres , 773
CPI(M) cadres and 221 Congress
cadres were injured in political violence
during the left regime.1
An investigation by the Hindustan
Times revealed that there could be 90
socalled “harmad” camps in the three
Maoist-affected western districts of
West Bengal. The cost of setting up
a single camp is estimated at Rs 2.5
crore which means that the CPI-M
has spent Rs 225 crore to set up
90 “harmad” camps. The monthly
expenses to manage these camps are
huge. Hindustan Times estimated that
the daily expense at a single camp could
be around Rs 9,250 which means that
the total daily cost of 90 camps is about
Rs 8.23 lakh or Rs 2.50 crore per
month.2 The Asian Centre for Human
Rights (ACHR) was however not able
to independently verify the claims of the
Hindustan Times. On 4 February 2011,
West Bengal’s Home Secretary G.D.
Gautama told the Calcutta High Court
that the police had raided the villages
under seven blocks in West Midnapore,
Bankura and Purulia districts but did
not find any armed camp.3
The CPM’s armed cadre allegedly
made it mandatory for each family to
send one young member to the party’s
arms-training camp in Lalgarh in West
Midnapore district. Every household
was allegedly required to take turn to
send a female member to cook for the
harmad army and another male member
had to report for night patrol.
On 6 January 2011, three young
men from Netai village close to Lalgarh
in West Midnapore district were beaten
by alleged CPI(M) cadre for refusing
arms training. In protest, hundreds
of villagers marched to the alleged
camp but the CPI(M) gunmen fired
upon the crowd killing at least eight
persons.4 The death toll rose to nine
with the death of a woman succumbing
to her bullet wounds in hospital on 16
January 2011.5 On 10 January 2011,
the Calcutta Bar Association filed a
PIL into the Calcutta High Court
seeking a CBI investigation into the
Netai killings claiming that any probe
by the state authorities would not be
impartial.6 On 18 February 2011, the
High Court ordered a CBI inquiry into
the Netai firing as it was not satisfied
with the State Criminal Investigation
Department (CID).7 The West Bengal
government challenged the order of the
High Court but the Supreme Court
refused to interfere with the High
Court order.8
The Trinamool Congress led by
Mamata Banerjee toppled the 34-year
rule of the Left Front with overhelming
majority in the Assembly Elections
whose results were announced on 13
May 2011.9 Political violence erupted
following the poll results leading to the
killing of 18 persons as per government
records, including eight CPI(M)
activists, six Trinamool Congress
activists, three Congress activists and
one Gorkha National Liberation Front
activist. However, on 28 June 2011, the
Communist Party of India (Marxist)
claimed that 18 of its activists and one
Revolutionary Socialist Party (RSP)
activist were killed since the Assembly
elections10.
political rights
The law enforcement personnel
continued to be responsible for human
rights violations in West Bengal.
During Jnauary-March 2011, the Asian
Centre for Human Rights documented
a number of cases of violations of civil
and political rights.
These include alleged extrajudicial
killing of three persons including Rezaul
Karim (25 years), son of Ainuddin
Sheikh, by the personnel of Border
Security Force (BSF) of Company-E,
Batallion-37 at Ghoshghat near BSF
Out-Post No. 4 under Mohanganj
BSF Camp in Murshidabad district on
the night of 5 January 2011;11 alleged
extrajudicial killing of Tiarul Sheik (20
years), son of Saber Sheik, resident of
Kalbalitala village, by BSF personnel
near their Outpost No III of Haharpara
BSF Camp under Raninagar police
station in Murshidabad district on 27
January 2011;12 Pintu Sk (19 years),
son of Nazrul Islam who allegedly
died due to torture by BSF personnel
near Char Mourasi BSF Camp in
95
96
States Round Up
Murshidabad district on 11 March
2011;13 and undertrial prisoner Kailash
Das who died due to alleged torture by
jail officials and convicted prisoners at
the Midnapore Central Jail for refusal
to pay money for his release on 21
March 2011.14
The security forces were also
responsible for violence against women.
On the night of 7 March 2011, a 27year-old woman, who was suffering
from chronic renal failure and needed
utmost care, was allegedly molested
and abused by two Indo Tibetan
Border Patrol (ITBP) personnel during
a pre-poll raid for illegal liquor at the
victim’s fast food shop at Binnaguri
Chowpathy, 50 km from Jalpaiguri.
Following the assault, she had to be
admitted to the Birpara State General
Hospital. She reportedly had injuries
on her right hand, ankle and forehead.
The hospital sources said the marks
indicated she had been manhandled
and pushed around.15
On 11 April 2011, the police
allegedly molested three women and
beat up a woman leader of the Trinamul
Congress during a raid at the house of
Sheikh Sufian, a Trinamul Congress
leader at Tarachandpur in Nandigram
in East Midnapore district.16
III. Abuses by AOGs
The Maoists were responsible
for
violations
of
international
humanitarian law.
During January to March 2011, the
Maoists targeted and killed the workers
and supporters of the ruling Communist
Party of India (Marxists), or CPI-M).
Most of the killings during this period
took place in Maoist-dominated West
Midnapore district. The Maoists
allegedly killed the following persons:
CPI-M activist identified as Khagen
Das Adhikari at Chitranga village,
near Netai in West Midnapore district
on the night of 17 January 2011,17
three CPI-M activists identified as
Karanchand Mahato, Uttam Singh and
Kashinatha Burman at Rameswarpur
village in West Midnapore district
on 24 January 2011;18 Parameswar
Mandi, a CPI-M supporter, who was
dragged out of his house and killed at
Sutan village in Bankura district on the
night of 30 January 2011;19 Forward
Bloc worker Rabi Lochan Singh Mura
(40 years) who was abducted and
then killed at Sukirti village in Purulia
district on the night of 9 February
2011;20 Rameshwar Bag (60 years), a
CPI-M supporter at Panchruki village
in the Jhargram area in West Medinipur
district on 13 February 2011;21 Bablu
Mahato, CPI-M worker at Beliabera
village in Jhargram sub-division in West
Midnapore district on 19 February
2011;22 Rajen Manna, a CPI-M worker,
at Paluiboni in the Junglemahal area
of West Midnapore on 20 February
2011;23 Sambhu Mahato, an activist of
Police Santrash Birodhi Janasadharaner
Committee (PSBJC), in the Jhargram
region in West Medinipur district on 23
March 2011;24 and Prabodh Mahato, a
para-teacher, at Ghritakham village in
Paschim Medinipur district on 2 April
2011.25
indigenous peoples
A report prepared by the Backward
Classes Welfare Department of West
Bengal government before the meeting
between state government officials
and the members of Parliamentary
committee on Welfare of the Schedule
Castes and Scheduled Tribes held in
Kolkata on 3 February 2011 stated
that the atrocities against the Scheduled
Castes and Scheduled Tribes have been
on the rise. As per the official report, 29
cases of “harassment/atrocities” on SC/
ST people were reported in the state in
2008, 25 cases in 2009 and 42 cases in
2010. In all these cases, investigation
was still in progress. Further, the report
also stated that 61.14 hectares of “tribal
land” was acquired in 2009-10 as
compared to 45.28 hectares and 31.55
hectares in 2008-09 and 2007-08
respectively as per provisions of Land
Reforms Act and these lands have been
acquired “after ensuring acceptable
compensation for the tribal person
selling the land”.26
A recent study conducted by the
West Bengal Tribal Development
Cooperative Corporation Limited
found that Birhors, one of the most
endangered tribal groups, are the most
underdeveloped amongst all the tribal
groups in West Bengal. Development
projects launched for Birhors since the
Fifth Five Year Plan have failed to uplift
their condition.27 V. Violations of the rights of
the child
Reports suggested that children
are being used for smuggling of cattle,
rice, cough syrup, Phensedyl etc across
the India-Bangladesh border in West
Bengal. Although it is difficult to
estimate the number of the children
used for such illegal activities, according
to a local NGO, at least 300 children are
used as carriers in Murshidabad district
alone. The Border Security Force (BSF)
personnel often released the children if
caught in smuggling.28
Children also continued to face
corporal punishment. On 29 March
2011, Class III student Shantanu
Mondal and some of his friends were
allegedly beaten up by their class teacher
Kumkum Panda for failing to answer
questions at Khoshkhana primary
school in Dimari village, about 7 km
from Tamluk in East Midnapore. Nineyear-old student, Shantanu Mondal was
injured in one eye and subsequently
partially lost vision in that eye due to
the beating.29
VI. Violations of ESCRs
i. Right to education
As per the Sarva Shiksha Abhiyan
Twelfth Joint Review Mission report,
West Bengal is one of the five states
(Uttar Pradesh, Bihar, Rajasthan,
West Bengal and Orissa) that together
account for more than three-fourth of
the 8.1 million “out of school children”
(OOSC) in India in 2009. One of
the chief reasons for failure to reduce
OOSC rate is believed to be the lack of
proper implementation of the Mid-Day
Meal Scheme (MDMS) and misuse
of the funds.30 On 30 June 2011, The
Statesman reported that over 33,000
quintal of rice worth more than Rs 6.62
crore, meant for MDM, were rotting
in the godowns of ration distributors
as the government failed to make
arrangement for lifting and dispatching
the foodgrain to the schools in West
Midnapore district.31 Several schools
in South 24-Parganas district still did
not have kitchen sheds as of 28 June
2011, although funds were allocated
for construction of kitchen sheds in all
the 3,657 schools of the district.32
In Birbhum district, the district
primary education department has
reportedly failed to utilise nearly
Rs 6 crore under SSA in 14 circles of
the district.33 n
judgements
Greater NOIDA farce: The Land
Acquisition Bill must take into account the
Supreme Court Judgement
A
s the Government of India
brings Land Acquisition and
Rehabilitation and Resettlement Bill,
2011, the Supreme Court judgement
in the case of Greater Noida Industrial
Development Authority and Ors
versus Devendra Kumar and Ors on 6
July 2011 must be brought taken into
account. The judgement is reproduced
below.
Petition(s) for Special
Leave to Appeal (Civil)
No(s).16366/2011
(From the judgement and order
dated 12/05/2011 in CMWP No.
500/2010 of The HIGH COURT OF
JUDICATURE AT ALLAHABAD)
Greater Noida Industrial
Development Authority and
Ors versus Devendra Kumar
and Ors
Whether the acquisition of 156.903
hectares land of Village Shahberi,
Pargana Dadri, District Gautam
Budh Nagar by the Government of
Uttar Pradesh in the name of planned
industrial development in District
Gautam Budh Nagar through the
Greater Noida Industrial Development
Authority (for short, "the Authority")
and subsequent allotment of major
portion of the acquired land (over
90 hectares) to the builders including
M/s. Supertech Ltd., M/s. Amrapali
Smart City Pvt. Ltd., M/s. Panchsheel
Buildtech Pvt. Ltd., M/s. SJP Infracon
Ltd., M/s. Mahagun India Pvt. Ltd. and
M/s. Gulshan Developers amounts to
colourable exercise of power vested in
the State Government under the Land
Acquisition Act, 1894 (for short, "the
1894 Act") read with the Uttar Pradesh
Industrial Area Development Act, 1976
(for short, "the 1976 Act") and the
New Okhla Industrial Development
Area (Preparation and Finalisation of
Plan) Regulations, 1991 (for short,
"the Regulations") is the main question
which arises for consideration in these
petitions filed for setting aside order
dated 12.5.2011 passed by the Division
Bench of the Allahabad High Court in
CMWP No.500 of 2010 and batch.
Issues before the Court
Issue 1: Invoking the urgency
provisions under Section 17(1) and
to dispense with the application of
Section 5A of the Land Acquisition
Act, 1894
Of course, Shri L.N. Rao and Shri
Dushyant A. Dave, learned senior
counsel did suggest that Section 17(1)
and (4) was invoked to check mushroom
growth of unauthorized colonies in the
area around Greater Noida Phase I, but
in our view, this did not provide a valid
justification to invoke Section 17(1)
and to dispense with the application of
Section 5A and the High Court rightly
nullified this exercise by relying upon
the judgments of this Court in Anand
Singh's case and Radhy
Shyam's case. We may add that
unauthorised plotting of agricultural
land or large scale illegal constructions
97
98
Judgements
could not have been possible without
active or tacit connivance of the
functionaries and officers of the State
and/or its agencies/instrumentalities.
If the Authority wanted to prevent
unauthorised
colonization
of
agricultural land or illegal constructions,
then nothing prevented it from taking
action under Section 9 of the 1976 Act.
No explanation has been given by the
State Government and the Authority
as to why appropriate measures were
not taken to prevent unauthorised
colonization of land in Shahberi and
elsewhere. The inefficiency of the State
apparatus to take action in accordance
with law cannot be used as a tool to
justify denial of opportunity of hearing
to the landowners and other interested
persons in terms of Section 5A of the
1894 Act.
The reason which seems to have
heavily weighed with the functionaries
of the State to invoke Section 17(1)
and (4) was the perceived delay which
may have been caused in the acquisition
of land if opportunity of hearing was
afforded to the landowners and other
interested persons. However, as held
in Radhy Shyam's case, compliance of
the rules of natural justice is a small
price which the State should always be
prepared to pay before it can deprive
any person of his property.
Issue 2: High Court order was
vitiated due to violation of principles
of natural justice for not ensuring
impleadment of all to whom land
was allotted by the Authority and
not giving reasonable opportunity
of being heard
In our view, there is no substance
in the complaint of the builders. The
writ petitioners had questioned the
acquisition of land mainly on the
grounds of arbitrary exercise of power
and non-application of mind by the State
Government and denial of opportunity
of hearing to the landowners. The High
Court entertained the writ petitions
and directed the parties to maintain
status quo. In CMWP No. 500/2010
¬ Devendra Kumar and others v. State
of U.P. and others, the stay order was
passed on 7.1.2010 in the presence of the
counsel representing writ petitioners,
the State of U.P. and the Authority.
Thereafter, similar orders were passed
in other writ petitions. It has neither
been pleaded before this Court nor
Shri Mukul Rohtagi, learned senior
counsel argued that the functionaries
and the officers of the Authority were
not aware of the pending litigation and
the orders of status quo passed by the
High Court. Therefore, the exercise
undertaken by the Authority to devise
schemes for allotment of land to large
group housing/builders residential
plots in the first week of January 2010
and thereafter allot plots measuring
60,000 to 4,00,000 square yards to the
builders by inviting bids from those,
who could offer reserve price of 60
crores to 400 crores was nothing but a
brazen attempt to overreach the process
of the Court. The beneficiaries of such
blatant violation of the orders of status
quo passed by the High Court cannot
make a complaint that they were not
given opportunity of hearing.
Although, Shri Pallav Shishodia,
learned senior counsel appearing for
M/s. Mahagun India Pvt. Ltd. claimed
that the land allotted to his client was
not covered by the order of status quo
passed by the High Court, but this is
of little significance. The officers of
the Authority were very much aware
of the fact that the High Court has
already entertained the challenge to the
notifications issued under Section 4(1)
read with Section 17(1) and (4) and
Section 6(1) read with Section 17(1)
but no effort was made by them and
the counsel representing the Authority
to bring to the notice of the High
Court the facts relating to allotment of
large chunks of land to the builders.
It is difficult, if not impossible
to believe that the builders were not
aware of the pending litigation despite
the fact that they had successfully
manipulated the change of land use
and modification of the Development
Plan in active connivance with the
functionaries of the Authority and
the State Government. Note dated
22.10.2009 recorded by the Industrial
Development Department shows that
the concerned officers were in know
of the pending writ petitions and with
a view to make infructuous the stay
order which was likely to be passed by
the High Court, the process of issuing
notification under Section 6(1) read
with Section 17(1) was hastened. This
shows that a designed attempt was made
by the functionaries and officers of the
State Government and the Authority,
who had connived with the builders to
frustrate the right of the tenure holders
and other interested persons to seek
remedy before an appropriate judicial
forum against unlawful deprivation of
their legal and constitutional rights.
For the reasons stated above, we
hold that the grievance made by the
builders that they were not given
opportunity of hearing is misconceived.
In any case, their complaint of violation
of audi alteram partem stands redressed
because they have been given sufficient
opportunity of hearing by this Court.
There is another reason for
our disinclination to entertain the
grievance of the builders. Although,
the builders appear to have engineered
the acquisition of land in question,
they could neither defend and justify
the invoking of urgency provisions
nor contest the writ petitioners' plea
that the provisions of the 1894 Act
had been abused and misused for the
acquisition of land in the name of
planned industrial development in
the district. The 1894 Act does not
envisage any role of the private persons
in the acquisition of land except when
the acquisition is made under Chapter
VII of the 1894 Act. Therefore, they
cannot step into the shoes of the State
functionaries and offer justification for
the acquisition of a particular parcel of
land.
Issue 3: Whether the High Court
was justified in recording a finding
that the acquisition impugned in
the writ petitions was a colourable
exercise of power by the State
Government
It is not in dispute that after various
villages were declared as part of Greater
Noida Industrial Development Area,
the State Government had resorted to
large scale acquisition for the purpose
of planned industrial development.
However, the pleadings filed before the
High Court show that major portion
of the acquired land has neither been
developed nor used for the purpose
for which it was acquired. This is
evident from the averments contained
in paragraph 25 (as contained in the
copy of the writ petition filed before
this Court) of CMWP No.500 of 2010
¬ Devendra Kumar and 17 others v.
State of U.P. and others, which are
reproduced below:
"25. That it is also pertinent
to point out over here that the
respondent-authority i.e. Greater
Noida Industrial Development
Authority Noida Authority
has came into existence in the
year 1991 and thereafter had
acquired the huge chunk of land
for the purpose of industrial
development,
out
which,
to the best knowledge and
information of the petitioners
even about 60% land has
neither been developed for the
aforesaid purpose nor has been
used or allotted to any industry
for developing the same and
is lying vacant till date. The
petitioners had tried to get the
detail information in respect
thereof and have approached the
authority under the provisions
of Right to Information Act,
2005 and filed an application
dated 7.12.2009. Photostat
copy of the application dated
7.12.2009 filed by the petitioner
under Right to Information Act
is annexed herewith and marked
as Annexure no. 24 to this writ
petition."
The above reproduced averments
were controverted in paragraph 17 of
the reply filed on behalf of respondent
No.3 by Shri G.P. Srivastava, Land
Consultant, in the following words:
"17. That the contents of para 25
and 26 of the writ petition are
not admitted hence specifically
denied. The petitioner by
application dated 7.12.2009
under Right to Information Act
has made query about the Village
Barak. The land use of Village
Bisrak is residential. Moreover,
to give reply to the application
judgements
the time limit is 35 days. The
Authority is developing the
land which is acquired by the
notifications under section 4
and 6 and is transferring given
lease according to the Section
7 of U.P. Act no. 6 of 1976.
Moreover, to develop land, the
basic facilities are to be made,
which is being provided under
section 2(a), Section 6 and
Section 7 of U.P. Act no. 6 of
1976. All the developments
on the acquired land are being
made according to the drafted
Master Plan 2021 of Land
Acquisition Act."
Shri Nalin Kumar Awasthi,
A.D.D.(L.A.), Greater Noida, Gautam
Budh Nagar filed another reply on
behalf of respondent Nos.2 and 3 in
the writ petition in reply to paragraph
25 of the writ petition. Shri Awasthi
gave the following reply:
"13. That contents of paragraph nos.
25 and 26 of the writ petition are not
related to the answering respondent."
The above extracted pleadings
show that while the State Government
avoided giving any reply to the specific
averments made by the writ petitioners
on the issue of non utilisation of the
acquired land for achieving the public
purpose specified in the notifications
issued under Section 4, the Authority
gave evasive reply and did not indicate
as to how much land has been
used for achieving the purpose of
acquisition. It is, thus, clear that many
hundred hectares acquired land has
not been used for planned industrial
development. In this scenario, it is not
possible to understand as to why the
State Government and the Authority
resorted to further acquisition of land
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100
Judgements
for the same purpose and that too
by invoking the urgency provision
and then allot more than 90 hectares
of the acquired land to the builders
so as to enable them to earn huge
profits by constructing multi-storeyed
complexes.
The lack of bonafides on the part
of the State Government and the
Authority is evinced from the following
facts:
(i) Section 17(1) and (4) was
invoked
without
any
tangible
emergency which could justify the
exercise of power under Section 17(1)
and warrant exclusion of the inquiry
envisaged under Section 5A.
(ii) On 22.10.2009, the file was
forwarded to the Law Department for
its opinion but on the same day, another
note was prepared and got approved
for facilitating issuance of notification
under Section 6(1) read with Section
17(1) so that the aggrieved persons
may not be able to get interim relief
from the High Court in the pending
writ petitions.
(iii)Without even waiting for the
issue of notification under Section 6(1),
the Authority initiated the process for
change of land use and modification of
the Development Plan and finalized the
same within a short span of 7 days and
that too without complying with the
mandate of clause 6 of the Regulations
which envisages publication of notice
by two of the prescribed modes.
Even notice dated 20.11.2009 was
got published in a small box of the
newspaper "Dainik agran" so that the
affected persons may not be able to
protest against the proposed change
of land use and modification of the
Development Plan
(iv) Though not required by law,
the file was sent to the Government to
approve the decision for modification
of the Development Plan. However,
without waiting for the Government's
approval, the Authority proceeded
to devise the builders' scheme, issued
advertisements and allotted large
chunks of land measuring 60,000
square yards to 4,00,000 square yards
by inviting bids.
One could appreciate that the
Authority had proposed change of
land use and modification of the
Development Plan after it found that
no one had come forward to avail the
offer of allotment of land for setting up
industries or major chunk of land could
not be used for industrial purpose
despite sincere efforts made in that
regard. But, the facts brought on record
unmistakably show that the whole
exercise of acquisition was designed
to serve the interest of the builders
and the veil of public purpose was
used to mislead the people in believing
that land was being acquired for a
public purpose i.e. planned industrial
development. This is the reason why
even before the issue of notification
under Section 6(1), the process for
change of land use was initiated and
completed with unusual haste and
without waiting for the Government's
approval to the modification of the
Development Plan, the Authority
offered and allotted the acquired land
to the builders for construction of
multi-storeyed complexes. This was
nothing but a colourable exercise of
power by the State Government under
the 1894 Act and in our considered
view, the High Court did not commit
any error by recording a conclusion to
that effect.
The argument of the learned senior
counsel that there was no pleading on
the issue of colourable exercise of power
merits rejection because in a number of
writ petitions, the petitioners had made
specific averments to this effect. For
the sake of reference, paragraphs 7 and
8 of Writ Petition No.17939 of 2010Sajid Hussain and 7 others v. State of
U.P. (as contained in the copy of the
writ petition filed before this Court)
are extracted below:
"7. That under the impugned
notification under section 4
& 6 of the Land Acquisition
Act the purpose for acquiring
the land has been shown to be
Plan Industrial Development in
District Gautam Budh Nagar
but this is not correct. From
the own action and conduct of
respondents public purpose of
Plan Industrial Development
has been shown in the disputed
notifications in colourable
exercise of power. In fact, the
respondent No.3 is transferring
these plots to builders for
constructing residential flats.
This stands proved from the
fact that though acquisition
proceedings have yet not
culminated to its logical end
and the land has not vested in
State government or the Greater
Noida, the respondent No.3 has
published a scheme of allotment
of Group Housing/Builders
Residential Plots Scheme BRS01/2010(1) Plot Size Above
60,000/- sq mtrs. The scheme
was opening on 22.1.2010
and is closing on 16.2.2010.
The tenders were invited to
be submitted between 10 am
to 12 noon on 16.2.2010 and
the technical qualification bids
were to be opened on 3 pm on
16.10.2010 itself. The terms
and conditions for allotment
of group housing plot attached
with the scheme show that the
petitioner land which falls under
GH-03 & GH-04 shown at Sl.
No.15 & 16 and reserve price
has been shown to the 10,000/per sq. mtrs. In Dainik Jagran
dated 24.2.2010 the name of
successful bidders have been
shown to be AIMS Golf Ltd.
And Amrapali Builders on Land
situated in village Shahberi
and in Dainik Jagran dated
8.3.2010 further auction has
been fixed for 23.3.2010 and
must have been taken place by
now. True copy of the scheme
of allotment and the news
items published Dainik Jagran
dated 24.2.2010 & 8.3.2010
area being filed herewith and
marked as ANNEXURE-8,
ANNEXURE-9
&
ANNEXURE-10
&
ANNEXURE-11 to this Writ
Petition.
8. That in the manner a fraud
is being committed and played
upon the poor land holders
whose land has been acquired
forever and the respondent no.3
making huge profits running
into Crores & Crores whereas
they claim to be working on no
profit no loss basis."
Theoretically, Shri L.N. Rao,
learned senior counsel for the State is
right in saying that the change of land
use from industrial to residential cannot
be faulted per se because in terms of
Section 6(1) read with Section 6(2)(b),
the Authority is required to demarcate
and develop sites for industrial,
commercial and residential purposes
and the Development Plan itself shows
various existing and proposed land uses
including for residential purpose but
on a deeper examination, we are unable
to accept his submission. Section 6(2)
of the 1976 Act does provide for the
acquisition of land in the industrial
development area by agreement or under
the 1894 Act; preparation of a plan
for the development of the industrial
development area; demarcation and
development of sites for industrial,
commercial and residential purposes
according to the plan and also for
allocation and transfer of plots of land
by way of sale or lease or otherwise for
industrial, commercial or residential
purposes and the Regulations do lay
down detailed procedure for framing
and amendment of the Development
Plan but the scheme of the 1976 Act and
the Regulations do not empower the
Authority to manipulate the acquisition
of land for a private purpose which
could well be achieved by invoking the
provisions of Chapter VII of the 1894
Act. What the Authority had done in
these cases is to initiate the proposal
for the acquisition of land for planned
industrial development of an area of
which land use is distinctly shown in
the Development Plan as industrial but
the real object of the entire exercise was
to make available land to the builders
by ensuring acquisition otherwise than
by agreement so that they may not have
to pay higher price to the landowners
and/or their transferees.
The submission of the learned senior
counsel Shri P.P. Rao that in view of the
order passed in CMWP No.37512 of
2009-Amit Kumar and others v. State of
judgements
U.P. and others, the High Court should
not have entertained the challenge to
notification issued under Section 4(1)
does not commend acceptance because
while dismissing the writ petitions as
premature, the High Court had given
liberty to the petitioners to raise all
the grounds which were taken in the
writ petition or the grounds which
may become available after issue of
notification under Section 6(1).
Therefore, the absence of specific
pleadings which could justify the
conclusion that the acquisition of land
was a colourable exercise of power by
the State Government did not operate
as a bar to the raising of such plea in
the writ petitions filed after issue of
notification under Section 6(1) read
with Section 17(1).
We do not find any substance in
the argument of the learned counsel
for the petitioners that quashing of the
acquisition proceedings should have
been confined to those who had not
accepted the amount of compensation.
Once the High Court came to the
conclusion that the acquisition of
land was vitiated due to want of good
faith and the provisions of the 1894
Act had been invoked for a private
purpose, there could not have been any
justification for partially sustaining the
acquisition on the ground that some of
the landowners or their transferees had
accepted compensation by entering
into an agreement with the Authority.
The situation in which the people
belonging to this class are placed
in the matter of acquisition of their
land leave little choice to them but to
make compromises and try to salvage
whatever they can. Therefore, even
though some persons may not have
resisted the acquisition and may have
101
102
Judgements
accepted the compensation by entering
into agreements, it is not possible to
find any fault in the approach adopted
by the High Court.
Issue 5:
The submission of the learned
counsel that the State Government
should have been allowed to proceed
with the acquisition from the stage
of Section 4(1) notification cannot
be accepted for two reasons. Firstly,
the High Court has found that the
acquisition impugned in the writ
petitions was a colourable exercise
of power by the State Government.
Secondly, in view of the judgment
of the Constitution Bench in Padma
Sundara Rao v. State of T.N. (supra),
the State Government cannot now rely
upon notification dated 10.6.2009 for
the purpose of issuing fresh notification
under Section 6(1).
Before concluding, we consider
it necessary to reiterate that the
acquisition of land is a serious matter
and before initiating the proceedings
under the 1894 Act and other
similar legislations, the concerned
Government must seriously ponder
over the consequences of depriving the
tenure holder of his property. It must
be remembered that the land is just like
mother of the people living in the rural
areas of the country.
It is the only source of sustenance
and livelihood for the landowner and
his family. If the land is acquired,
not only the present but the future
generations of the landowner are
deprived of their livelihood and the
only social security. They are made
landless and are forced to live in slums
in the urban areas because there is no
mechanism for ensuring alternative
source of livelihood to them. Mindless
acquisition of fertile and cultivable land
may also lead to serious food crisis in
the country.
Conclusion
In the result, the special leave
petitions are dismissed. The Greater
Noida Development Authority is
saddled with cost of Rs.10 lakhs for
undertaking an exercise of allotment
of land to the builders in complete
violation of the purpose for which
the land was sought to be acquired
and even before approval by the
State Government for the change of
land use. The amount of cost shall be
deposited in the Supreme Court Legal
Services Committee within a period of
three months from today. We are not
unmindful of the plight of large number
of persons, who have made investment
by booking flats etc., but, at the same
time, it is impossible to ignore that the
landowners and their transferees have
been deprived of their property and
the only source of livelihood in a most
arbitrary and malafide manner without
following the procedure established
by law. It will be grave injustice to the
people belonging to the latter category
if the acquisition impugned before the
High Court is sustained only with a
view to save the investment made by
those who are aspiring to acquire some
property from the builders. However,
it is made clear that those who have
paid money to the builders for booking
flats etc., shall be entitled to get back
the amount along with interest at an
appropriate rate and if the builders
refuse to repay the amount, then they
shall be free to avail appropriate legal
remedy. n
Removal of Central Vigilance Commissioner P J Thomas: India
needs public confirmation system
T
he Supreme Court in its
judgement dated 3 March 2011
in the Writ Petition (C) No. 348 OF
2010 in the case of Centre for PIL
& Anr. Petitioner(s) versus Union of
India & Anr with Writ Petition (C)
No. 355 of 2010 declared that ‘the
recommendation dated 3rd September,
2010 of the High Powered Committee
recommending the name of Shri
P.J. Thomas as Central Vigilance
Commissioner under the proviso to
Section 4(1) of the 2003 Act is non-est
in law and, consequently, the impugned
appointment of Shri P.J. Thomas as
Central Vigilance Commissioner is
quashed”.
The Supreme Court further provided
guidelines for the appointment of the
Central Vigilance Commission (CVC).
It held that CVC shall not be restricted
to civil servants, all empanelled persons
shall be having outstanding civil servants
or persons of impeccable integrity and
empanelment shall be carried out on
the basis of rational criteria, which is
to be reflected by recording of reasons
and/or noting akin to reasons by the
empanelling authority. The empanelling
authority, while forwarding the names
of the empanelled officers / persons,
shall enclose complete information,
material and data of the concerned
officer/person, whether favourable or
adverse. Nothing relevant or material
should be withheld from the Selection
Committee. It will not only be useful
but would also serve larger public
interest and enhance public confidence
if the contemporaneous service record
and acts of outstanding performance of
the officer under consideration, even
with adverse remarks is specifically
brought to the notice of the Selection
Committee. Further, the Selection
Committee may adopt a fair and
transparent process of consideration of
the empanelled officers.
Obviously, the current procedure of
appointment by Committee consisting
of the Prime Minister, Home Minister
and Leader of the Opposition has
failed. There is no transparency.
The time has come for India to
make appointment of members and
Chairpersons of the Constitutional
bodies, various National Commissions
and investigative agencies like CBI and
CVC after confirmation through public
hearing by Parliamentary Committees
rather than the current procedure.
The relevant sections of the
judgement of the Supreme Court are
reproduced below:
Introduction
The two writ petitions filed in
the Supreme Court under Article 32
of the Constitution of India raised
a substantial question of law and of
public importance as to the legality of
the appointment of Shri P.J. Thomas
(respondent No. 2 in W.P. (C) No.
348 of 2010) as Central Vigilance
Commissioner under Section 4(1) of
the Central Vigilance Commission Act,
2003.
Issues for determination by the
court
Issue 1: Validity of the
recommendation
dated
3rd
September, 2010
“32. One of the main contentions
advanced on behalf of Union of India
and Shri P.J. Thomas before us was
that once the CVC clearance had been
granted on 6th October, 2008 and
once the candidate stood empanelled
for appointment at the Centre and
in fact stood appointed as Secretary,
Parliamentary Affairs and, thereafter,
Secretary Telecom, it was legitimate
for the HPC to proceed on the basis
that there was no impediment in the
way of appointment of respondent
No. 2 on the basis of the pending case
which had been found to be without
any substance.
33. We find no merit in the above
submissions. Judicial review seeks to
ensure that the statutory duty of the
HPC to recommend under the proviso
to Section 4(1) is performed keeping
in mind the policy and the purpose
of the 2003 Act. We are not sitting
in appeal over the opinion of the
HPC. What we have to see is whether
relevant material and vital aspects
having nexus to the object of the 2003
Act were taken into account when the
decision to recommend took place on
3rd September, 2010. Appointment
to the post of the Central Vigilance
Commissioner must satisfy not only
the eligibility criteria of the candidate
but also the decision making process
of the recommendation [see para 88
of N. Kannadasan (supra)]. The
decision to recommend has got to be
judgements
an informed decision keeping in mind
the fact that CVC as an institution
has to perform an important function
of vigilance administration. If a
statutory body like HPC, for any
reason whatsoever, fails to look into
the relevant material having nexus to
the object and purpose of the 2003
Act or takes into account irrelevant
circumstances then its decision
would stand vitiated on the ground
of official arbitrariness [see State
of Andhra Pradesh v. Nalla Raja
Reddy (1967) 3 SCR 28]. Under
the proviso to Section 4(1), the HPC
had to take into consideration what
is good for the institution and not
what is good for the candidate [see
para 93 of N. Kannadasan (supra)].
When institutional integrity is in
question, the touchstone should be
“public interest” which has got to be
taken into consideration by the HPC
and in such cases the HPC may not
insist upon proof [see para 103 of N.
Kannadasan (supra)]. We should
not be understood to mean that the
personal integrity is not relevant. It
certainly has a corelationship with
institutional integrity. The point to
be noted is that in the present case
the entire emphasis has been placed
by the CVC, the DoPT and the HPC
only on the bio-data of the empanelled
candidates. None of these authorities
have looked at the matter from the
larger perspective of institutional
integrity
including
institutional
competence and functioning of CVC.
Moreover, we are surprised to find that
between 2000 and 2004 the notings
of DoPT dated 26th June, 2000,
18th January, 2001, 20th June, 2003,
24th February, 2004, 18th October,
2004 and 2nd November, 2004 have
103
104
Judgements
all observed that penalty proceedings
may be initiated against Shri P.J.
Thomas. Whether State should
initiate such proceedings or the Centre
should initiate such proceedings was
not relevant. What is relevant is that
such notings were not considered
in juxtaposition with the clearance
of CVC granted on 6th October,
2008. Even in the Brief submitted
to the HPC by DoPT, there is no
reference to the said notings between
the years 2000 and 2004. Even in
the C.V. of Shri P.J. Thomas, there
is no reference to the earlier notings
of DoPT recommending initiation
of penalty proceedings against Shri
P.J. Thomas. Therefore, even on
personal integrity, the HPC has not
considered the relevant material. The
learned Attorney General, in his usual
fairness, stated at the Bar that only
the Curriculum Vitae of each of the
empanelled candidates stood annexed
to the agenda for the meeting of the
HPC. The fact remains that the HPC,
for whatsoever reason, has failed to
consider the relevant material keeping
in mind the purpose and policy of the
2003 Act. The system governance
established by the Constitution is
based on distribution of powers and
functions amongst the three organs
of the State, one of them being the
Executive whose duty is to enforce
the laws made by the Parliament and
administer the country through various
statutory bodies like CVC which is
empowered to perform the function
of vigilance administration. Thus, we
are concerned with the institution and
its integrity including institutional
competence and functioning and
not the desirability of the candidate
alone who is going to be the Central
Vigilance Commissioner, though
personal integrity is an important
quality. It is the independence and
impartiality of the institution like
CVC which has to be maintained and
preserved in larger interest of the rule
of law [see Vineet Narain (supra)].
While making recommendations, the
HPC performs a statutory duty. Its
duty is to recommend. While making
recommendations, the criteria of the
candidate being a public servant or a
civil servant in the past is not the sole
consideration. The HPC has to look at
the record and take into consideration
whether the candidate would or would
not be able to function as a Central
Vigilance Commissioner. Whether
the institutional competency would
be adversely affected by pending
proceedings and if by that touchstone
the candidate stands disqualified
then it shall be the duty of the HPC
not to recommend such a candidate.
In the present case apart from the
pending criminal proceedings, as
stated above, between the period
2000 and 2004 various notings of
DoPT recommended disciplinary
proceedings against Shri P.J. Thomas
in respect of Palmolein case. Those
notings have not been considered
by the HPC. As stated above, the
2003 Act confers autonomy and
independence to the institution of
CVC. Autonomy has been conferred
so that the Central Vigilance
Commissioner could act without
fear or favour. We may reiterate
that institution is more important
than an individual. This is the test laid
down in para 93 of N. Kannadasan’s
case (supra). In the present case, the
HPC has failed to take this test into
consideration. The recommendation
dated 3rd September, 2010 of HPC
is entirely premised on the blanket
clearance given by CVC on 6th
October, 2008 and on the fact of
respondent No. 2 being appointed
as Chief Secretary of Kerala on 18th
September, 2007; his appointment
as Secretary of Parliamentary Affairs
and his subsequent appointment as
Secretary, Telecom. In the process,
the HPC, for whatever reasons, has
failed to take into consideration the
pendency of Palmolein case before the
Special Judge, Thiruvananthapuram
being case CC 6 of 2003; the sanction
accorded by the Government of Kerala
on 30th November, 1999 under
Section 197 Cr.P.C. for prosecuting
inter alia Shri P.J. Thomas for
having committed alleged offence
under Section 120-B IPC read with
Section 13(1)(d) of the Prevention of
Corruption Act; the judgment of the
Supreme Court dated 29th March,
2000 in the case of K. Karunakaran
v. State of Kerala and Another in
which this Court observed that, “the
registration of the FIR against Shri
Karunakaran and others cannot be
held to be the result of malafides or
actuated by extraneous considerations.
The menace of corruption cannot
be permitted to be hidden under
the carpet of legal technicalities and
in such cases probes conducted are
required to be determined on facts
and in accordance with law”. Further,
even the judgment of the Kerala
High Court in Criminal Revision
Petition No. 430 of 2001 has not
been considered. It may be noted
that the clearance of CVC dated 6th
October, 2008 was not binding on
the HPC. However, the aforestated
judgment of the Supreme Court
dated 29th March, 2000 in the case
of K. Karunakaran vs. State of
Kerala and Another in Criminal
Appeal No. 86 of 1998 was certainly
binding on the HPC and, in any
event, required due weightage to be
given while making recommendation,
particularly when the said judgment
had emphasized the importance of
probity in high offices. This is what
we have repeatedly emphasized in
our judgment – institution is more
important than individual(s). For
the above reasons, it is declared that
the recommendation made by the
HPC on 3rd September, 2010 is nonest in law”.
Issue 2: Is Writ of Quo Warranto
invocable?
“34. Shri K.K. Venugopal, learned
senior counsel appearing on behalf
of respondent No. 2, submitted that
the present case is neither a case
of infringement of the statutory
provisions of the 2003 Act nor of the
appointment being contrary to any
procedure or rules. According to the
learned counsel, it is well settled that a
writ of quo warranto applies in a case
when a person usurps an office and
the allegation is that he has no title
to it or a legal authority to hold it.
According to the learned counsel for
a writ of quo warranto to be issued
there must be a clear infringement
of the law. That, in the instant case
there has been no infringement of
any law in the matter of appointment
of respondent No. 2.
35. The procedure of quo
warranto confers jurisdiction and
authority on the judiciary to control
executive action in the matter of
making appointments to public
offices against the relevant statutory
provisions. Before a citizen can claim
a writ of quo warranto he must satisfy
the court inter-alia that the office in
question is a public office and it is held
by a person without legal authority
and that leads to the inquiry as to
whether the appointment of the said
person has been in accordance with
law or not. A writ of quo warranto is
issued to prevent a continued exercise
of unlawful authority”.
Issue 3: Grant of declaratory
relief
“36. One more aspect needs to be
mentioned. In the present petition,
as rightly pointed by Shri Prashant
Bhushan, learned counsel appearing on
behalf of the petitioner, a declaratory
relief is also sought besides seeking a
writ of quo warranto.
37. At the outset it may be stated
that in the main writ petition the
petitioner has prayed for issuance
of any other writ, direction or order
which this Court may deem fit and
proper in the facts and circumstances
of this Case. Thus, nothing prevents
this Court, if so satisfied, from issuing
a writ of declaration. Further, as
held hereinabove, recommendation
of the HPC and, consequently, the
appointment of Shri P.J. Thomas was
in contravention of the provisions
of the 2003 Act, hence, we find no
merit in the submissions advanced on
behalf of respondent No. 2 on nonmaintainability of the writ petition. If
public duties are to be enforced and
rights and interests are to be protected,
then the court may, in furtherance of
public interest, consider it necessary
to inquire into the state of affairs of
the subject matter of litigation in the
interest of justice [see Ashok Lanka v.
Rishi Dixit (2005) 5 SCC 598].”
judgements
Issue 4: Appointment of Central
Vigilance Commissioner at the
President’s discretion
“46. On behalf of respondent
No. 2 it was submitted that though
under Section 4(1) of the 2003 Act,
the appointment of Central Vigilance
Commissioner is made on the basis of
the recommendation of a High Powered
Committee, the President of India is
not to act on the advice of the Council
of Ministers as is provided in Article 74
of the Constitution. In this connection,
it was submitted that the exercise of
powers by the President in appointing
respondent No. 2 has not been put
in issue in the PIL, nor is there any
pleading in regard to the exercise of
powers by the President and in the
circumstances it is not open to the
petitioner to urge that the appointment
is invalid.
47. Shri G.E. Vahanvati, learned
Attorney General appearing on behalf
of Union of India, however, submitted
that the proposal sent after obtaining
and accepting the recommendations
of the High Powered Committee
under Section 4(1) was binding on the
President. Learned counsel submitted
that under Article 74 of the Constitution
the President acts in exercise of her
function on the aid and advice of the
Council of Ministers headed by the
Prime Minister which advice is binding
on the President subject to the proviso
to Article 74. According to the learned
counsel Article 77 of the Constitution
inter alia provides for conduct of
Government Business. Under Article
77(3), the President makes rules for
transaction of Government Business
and for allocation of business among
the Ministers. On facts, learned
Attorney General submitted that under
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106
Judgements
Government of India (Transaction
of Business) Rules, 1961 the Prime
Minister had taken a decision on 3rd
September, 2010 to propose the name
of respondent No. 2 for appointment
as Central Vigilance Commissioner
after the recommendation of the High
Powered Committee. It was accordingly
submitted on behalf of Union of India
that this advice of the Prime Minister
under Article 77(3), read with Article
74 of the Constitution is binding
on the President. That, although the
recommendation of the High Powered
Committee under Section 4(1) of the
2003 Act may not be binding on the
President proprio vigore, however,
if such recommendation has been
accepted by the Prime Minister, who is
the concerned authority under Article
77(3), and if such recommendation is
then forwarded to the President under
Article 74, then the President is bound
to act in accordance with the advice
tendered. That, the intention behind
Article 77(3) is that it is physically
impossible that every decision is taken
by the Council of Ministers. The
Constitution does not use the term
“Cabinet”. Rules have been framed for
convenient transaction and allocation
of such business. Under the Rules of
Business, the concerned authority
is the Prime Minister. The advice
tendered to the President by the Prime
Minister regarding the appointment of
the Central Vigilance Commissioner
would be thus binding on the President.
Lastly, it was submitted that unless the
Constitution expressly permits the
exercise of discretion by the President,
every decision of the President has to
be on the aid and advice of Council of
Ministers.
48. Shri Venugopal, learned counsel
appearing on behalf of respondent No.
2 submitted that though the President
has an area of discretion in regard to
exercise of certain powers under the
Constitution the Constitution is silent
about the exercise of powers by the
President/Governor where a Statute
confers such powers. In this connection
learned counsel placed reliance on the
judgment of this Court in Bhuri Nath
v. State of J & K [(1997) 2 SCC 745].
In that case, the appellants-Baridars
challenged the constitutionality of
Jammu and Kashmir Shri Mata
Vaishno Devi Shrine Act, 1988 which
was enacted to provide for better
management, administration and
governance of Shri Mata Vaishno Devi
Shrine and its endowments including
the land and buildings attached to
the Shrine. By operation of that Act
the
administration,
management
and governance of the Shrine and
its Funds stood vested in the Board.
Consequently, all rights of Baridars
stood extinguished from the date of
the commencement of the Act by
operation of Section 19(1) of the Act.
One of the questions which came up for
consideration in that case was that when
the Governor discharges the functions
under the Act, is it with the aid and
advice of the Council of Ministers or
whether he discharges those functions
in his official capacity as the Governor.
This question arose because by an
order dated 16th January, 1995, this
Court had directed the Board to frame
a scheme for rehabilitation of persons
engaged in the performance of Pooja at
Shri Mata Vaishno Devi Shrine. When
that matter came up for hearing on
20th March, 1995, the Baridars stated
that they did not want rehabilitation.
Instead, they preferred to receive
compensation to be determined under
Section 20 of the impugned Act 1988.
This Court noticed that in the absence
of guidelines for determination of the
compensation by the Tribunal to be
appointed under Section 20 it was not
possible to award compensation to the
Baridars. Consequently, the Supreme
Court ordered that the issue of
compensation be left to the Governor
to make appropriate guidelines to
determine the compensation. Pursuant
thereto, guidelines were framed by the
Governor which were published in the
State Gazette and placed on record on
8th May, 1995. It is in this context
that the question arose that when the
legislature entrusted the powers under
the Act to the Governor whether the
Governor discharges the functions
under the Act with the aid and
advice of the Council of Ministers or
whether he acts in his official capacity
as a Governor under the Act. After
examining the Scheme of the 1988
Act the Division Bench of this Court
held that the legislature of Jammu &
Kashmir, while making the Act was
aware that similar provisions in the
Endowments Act, 1966 gives power
of the State Government to dissolve
the Board of Trustees of Tirupati
Devasthanams and the Board of
Trustees of other institutions. Thus, it
is clear that the legislature entrusted the
powers under the Act to the Governor
in his official capacity. On examination
of the 1988 Act this Court found
that the Governor is to preside over
the meetings of the Board and in his
absence his nominee, a qualified Hindu,
shall preside over the functions. That,
under the 1988 Act no distinction was
made between the Governor and the
Executive Government. That, under
the scheme of the 1988 Act there was
nothing to indicate that the power
was given to the Council of Ministers
and the Governor was to act on its
advice as executive head of the State.
It is in these circumstances that this
Court held that while discharging
the functions under the 1988 Act the
Governor acts in his official capacity.
In the same judgment this Court has
also referred to the judgment of the
Full Bench of the Punjab and Haryana
High Court in Hardwari Lal v. G.D.
Tapase [AIR 1982 P&H 439] in
which a similar question arose as to
whether the Governor in his capacity as
the Chancellor of Maharshi Dayanand
University acts under the 1975 Act
in his official capacity as Chancellor
or with the aid and advice of the
Council of Ministers. The Full Bench
of the High Court, after elaborate
consideration of the provisions of the
Act, observed that under the Maharshi
Dayanand University Act 1975, the
State Government would not interfere
in the affairs of the University. Under
that Act, the State Government is an
Authority different and distinct from
the authority of the Chancellor. Under
that Act the State Government was not
authorized to advise the Chancellor
to act in a particular manner. Under
that Act the University was a statutory
body, autonomous in character and
it had been given powers exercisable
by the Chancellor in his absolute
discretion. In the circumstances, under
the scheme of that Act it was held
that while discharging the functions
as a Chancellor, the Governor does
everything in his discretion as a
Chancellor and he does not act on the aid
and advice of his Council of Ministers.
This judgment has no application to
the scheme of the 2003 Act. As stated
hereinabove, the CVC is constituted
under Section 3(1) of the 2003 Act.
The Central Vigilance Commissioner
is appointed under Section 4(1) of
the 2003 Act by the President by
warrant under her hand and seal after
obtaining the recommendation of a
Committee consisting of the Prime
Minister as the Chairperson and two
other Members. As submitted by the
learned Attorney General although
under the 2003 Act the Central
Vigilance Commissioner is appointed
after obtaining the recommendation
of the High Powered Committee,
such recommendation has got to be
accepted by the Prime Minister, who is
the concerned authority under Article
77(3), and if such recommendation
is forwarded to the President under
Article 74, then the President is bound
to act in accordance with the advice
tendered. Further under the Rules of
Business the concerned authority is the
Prime Minister. Therefore, the advice
tendered to the President by the Prime
Minister regarding appointment of the
Central Vigilance Commissioner will
be binding on the President. It may be
noted that the above submissions of the
Attorney General find support even in
the judgment of the Division Bench of
this Court in Bhuri Nath’s case (supra)
which in turn has placed reliance on the
judgment of this Court in Samsher
Singh v. State of Punjab [(1974)
2 SCC 831] in which a Bench of 7
Judges of this Court held that under
the Cabinet system of Government,
as embodied in our Constitution,
the Governor is the formal Head of
the State. He exercises all his powers
and functions conferred on him by or
under the Constitution with the aid
judgements
and advice of his Council of Ministers.
That, the real executive power is vested
in the Council of Ministers of the
Cabinet. The same view is reiterated
in R.K. Jain’s case (supra). However,
in Bhuri Nath’s case (supra) it has
been clarified that the Governor being
the constitutional head of the State,
unless he is required to perform the
function under the Constitution in his
individual discretion, the performance
of the executive power, which is
coextensive with the legislative power,
is with the aid and advice of the
Council of Ministers headed by the
Chief Minister. Thus, we conclude that
the judgment in Bhuri Nath’s case
has no application as the scheme of
the Jammu and Kashmir Shri Mata
Vaishno Devi Shrine Act, 1988 as well
as the scheme of Maharshi Dayanand
University Act, 1975 as well as the
scheme of the various Endowment
Acts is quite different from the scheme
of the 2003 Act. Hence, there is no
merit in the contention advanced on
behalf of respondent No. 2 that in
the matter of appointment of Central
Vigilance Commissioner under Section
4(1) of the 2003 Act the President is
not to act on the advice of the Council
of Ministers as is provided in Article 74
of the Constitution.”
Issue 5: Unanimity or consensus
under Section 4(2) of the 2003 Act
“49. One of the arguments advanced
on behalf of the petitioner before us was
that the recommendation of the High
Powered Committee under the proviso
to Section 4(1) has to be unanimous.
It was submitted that CVC was set
up under the Resolution dated 11th
February, 1964. Under that Resolution
the appointment of Central Vigilance
Commissioner was to be initiated by
107
108
Judgements
the Cabinet Secretary and approved
by the Prime Minister. However, the
provision made in Section 4 of the 2003
Act was with a purpose, namely, to
introduce an element of bipartisanship
and political neutrality in the process of
appointment of the head of the CVC.
The provision made in Section 4 for
including the Leader of Opposition in
the High Powered Committee made a
significant change from the procedure
obtaining before the enactment of the
said Act. It was further submitted that
if unanimity is ruled out then the very
purpose of inducting the Leader of
Opposition in the process of selection
will stand defeated because if the
recommendation of the Committee
were to be arrived at by majority it
would always exclude the Leader of
Opposition since the Prime Minister
and the Home Minister will always
be ad idem. It was submitted that one
must give a purposive interpretation
to the scheme of the Act. It was
submitted that under Section 9 it has
been inter alia stated that all business
of the Commission shall, as far as
possible, be transacted unanimously.
It was submitted that since in Vineet
Narain’s case (supra) this Court had
observed that CVC would be selected
by a three member Committee,
including the Leader of the Opposition
it was patently obvious that the said
Committee would decide by unanimity
or consensus. That, it was no where
stated that the Committee would
decide by majority.
50. We find no merit in these
submissions. To accept the contentions
advanced on behalf of the petitioners
would mean conferment of a “veto
right” on one of the members of the
HPC. To confer such a power on one
of the members would amount to
judicial legislation. Under the proviso
to Section 4(1) Parliament has put its
faith in the High Powered Committee
consisting of the Prime Minister, the
minister for Home Affairs and the
Leader of the Opposition in the House
of the People. It is presumed that such
High Powered Committee entrusted
with wide discretion to make a choice
will exercise its powers in accordance
with the 2003 Act, objectively and in
a fair and reasonable manner. It is well
settled that mere conferment of wide
discretionary powers per se will not
violate the doctrine of reasonableness
or equality. The 2003 Act is enacted
with the intention that such High
Powered Committee will act in a
bipartisan manner and shall perform
its statutory duties keeping in view the
larger national interest. Each of the
Members is presumed by the legislature
to act in public interest. On the other
hand, if veto power is given to one of
the three Members, the working of the
Act would become unworkable. One
more aspect needs to be mentioned.
Under Section 4(2) of the 2003 Act it
has been stipulated that the vacancy in
the Committee shall not invalidate the
appointment. This provision militates
against the argument of the petitioner
that the recommendation under Section
4 has to be unanimous.
53. In the circumstances, we find no
merit in the submission made on behalf
of the petitioner on this point that the
recommendation/decision dated 3rd
September, 2010 stood vitiated on the
ground that it was not unanimous.”
Guidelines/Directions
“54. The 2003 Act came into
force on and from 11th September,
2003. In the present case we find noncompliance of some of the provisions
of the 2003 Act. Under Section 3(3),
the Central Vigilance Commissioner
and the Vigilance Commissioners
are to be appointed from amongst
persons–
(a) who have been or who are in
All-India Service or in any civil service
of the Union or in a civil post under
the Union having requisite knowledge
and experience as indicated in Section
3(3)(a); or
(b) who have held office or
are holding office in a corporation
established by or under any Central Act
or a Central Government company and
persons who have experience in finance
including insurance and banking, law,
vigilance and investigations.
55. No reason has been given as
to why in the present case the zone of
consideration stood restricted only to
the civil service. We therefore direct
that:
(i) In our judgment we have
held that there is no prescription of
unanimity or consensus under Section
4(2) of the 2003 Act. However, the
question still remains as to what
should be done in cases of difference
of opinion amongst the Members of
the High Powered Committee. As in
the present case, if one Member of
the Committee dissents that Member
should give reasons for the dissent
and if the majority disagrees with the
dissent, the majority shall give reasons
for overruling the dissent. This will
bring about fairness-in-action. Since
we have held that legality of the choice
or selection is open to judicial review
we are of the view that if the above
methodology is followed transparency
would emerge which would also
maintain the integrity of the decision
making process.
(ii) In future the zone of
consideration should be in terms of
Section 3(3) of the 2003 Act. It shall
not be restricted to civil servants.
(iii) All the civil servants and
other persons empanelled shall be
outstanding civil servants or persons of
impeccable integrity.
(iv) The empanelment shall be
carried out on the basis of rational
criteria, which is to be reflected by
recording of reasons and/or noting
akin to reasons by the empanelling
authority.
(v) The empanelment shall be
carried out by a person not below the
rank of Secretary to the Government of
India in the concerned Ministry.
(vi) The empanelling authority,
while forwarding the names of the
empanelled officers/persons, shall
enclose
complete
information,
material and data of the concerned
officer/person, whether favourable or
adverse. Nothing relevant or material
should be withheld from the Selection
Committee. It will not only be useful
but would also serve larger public
interest and enhance public confidence
if the contemporaneous service
record and acts of outstanding
performance of the officer under
consideration, even with adverse
remarks is specifically brought to the
judgements
notice of the Selection Committee.
(vii) The Selection Committee may
adopt a fair and transparent process
of consideration of the empanelled
officers.”
Conclusion
“56. For the above reasons, it is
declared that the recommendation
dated 3rd September, 2010 of the High
Powered Committee recommending
the name of Shri P.J. Thomas as Central
Vigilance Commissioner under the
proviso to Section 4(1) of the 2003
Act is non-est in law and, consequently,
the impugned appointment of Shri
P.J. Thomas as Central Vigilance
Commissioner is quashed.” n
109
110
endnotes
Endnotes
RTI activists: sitting ducks of India
1.
Woman RTI activist shot dead in Bhopal, The Hindu, 16 August 2011
2.
MGNREGA activist who exposed many cases of corruption found dead, The Hindu, 4 March 2011
3.
RTI activist found dead in Nanded, The Hindustan Times, 30 August 2010
4.
Home guard killed for seeking info under RTI, The Times of India, 28 July 2010
5 . Gujarat RTI activist killed in Ahmedabad, IBN Live, 20 July 2010
6.
Whistleblowers at receiving end after using RTI, The Hindu, 8 June 2010
7.
RTI activist killed for blowing lid off Maharashtra school scam, The Times of India, 22 April 2010
8.
Foul play suspected in RTI activist’s death, Indian Express (online), 16 April 2010
9.
When RTI proved lethal, The Asian Age, 24 July 2010
10. RTI activist shot dead by criminals in Begusarai dist, The Times of India, 16 February 2010
11. Eight RTI activists killed in seven months, The Hindu, 25 July 2010
12. http://rtigroupaligarh.blogspot.com/2010/07/ab-tak-20-attacks-on-rti-activists.html
13. Attacks on social activists in HC glare, The Telegraph, 15 January 2010
14. RTI activist attacked; politicians, officials on run, The Indian Express, 24 August 2011
15. RTI activist stabbed in Porbandar, NDTV, 25 June 2011
16. RTI activists attacked in Maharashtra, The Hindu, 19 April 2011
17. No action against RTO staffers who beat up RTI activist, Times of India, 7 April 2011
18. Four held for assaulting Dalit RTI activist, The Times of India, 9 March 2011
19. RTI activist attacked, 1 arrested, The Asian Age, 21 February 2011
20. Exposed by RTI activist, Sarpanch kills his daughter-in-law, NDTV, 13 February 2011, available at: http://www.ndtv.com/article/india/
exposed-by-rti-activist-sarpanch-kills-his-daughter-in-law-85120
21. RTI activist shot after unveiling Rs 30L scam by bureaucrats, The Indian Express, 28 January 2011
22. RTI activist attacked; suspicion on builder, The Times of India, 26 January 2011
23. RTI activist ‘attacked’ in Doda, Greater Kashmir, 20 January 2011, available at: http://www.greaterkashmir.com/news/2011/Jan/21/rtiactivist-attacked-in-doda-45.asp
24. Goons beat up RTI applicant in Rayagada, The Times of India, 20 January 2011
25. RTI activist assaulted in Bhandup, The Times of India, 3 January 2011
26. RTI activist Arun Mane withdraws assault cases, Daily News and Analysis, 5 January 2011
27. RTI activist gets threats over Mumbai land scam, IBN Live, 23 September 2010, available at: http://ibnlive.in.com/news/rti-activist-getsthreats-over-mumbai-land-scam/131529-3.html
28. RTI applicant attacked in UP, Governance Now, 10 August 2010, available at: http://www.governancenow.com/gov-next/rti/rti-applicantattacked
29. RTI activist seeks details, attacked, IBN Live, 17 July 2010, available at: http://ibnlive.in.com/news/rti-activist-seeks-details-attcaked/126904-3.
html
30. J&K: Hopes and Recommendations, The Greater Kashmir, 14 October 2010
31. J&K: Hopes and Recommendations, The Greater Kashmir, 14 October 2010
32. Arunachal RTI activist gets clean chit in pistol planting case, Yahoo News, 18 June 2011
33. RTI activist arrested, chained to hospital bed, IBN Live, 2 June 2011, available at: http://ibnlive.in.com/news/rti-activist-arrested-chained-tohospital-bed/156273-3.html
34. RTI activist jailed in Ghaziabad, India Today, 3 August 2011, available at: http://indiatoday.intoday.in/site/story/rti-activist-jailed-inghaziabad/1/146889.html
35. Meghalaya RTI activist’s arrest flayed, The Hindustan Times, 12 March 2011
36. RTI activist seeks refuge from cop’s false charges, The Deccan Chronile, 9 March 2011
37. Charges against me false: RTI activist, The Hindu, 12 February 2011
38. RTI activist alleges harassment, The Tribune, 14 August 2010
39. No right to probe cops: RTI activist harassed by police? NDTV, 20 May 2010
40. A Letter to the Chief Minister of Jammu and Kashmir re the Arrest of Five Right to Information Activists Sunday 14 March 2010, available
at: http://www.sacw.net/article1374.html
41. 3 youths ostracised for RTI expose, The Times of India, 11 August 2011
42. Manipur RTI activist ostracized, The Assam Tribune, 11 August 2011
43. 17 families ostracised for filing RTI, The Indian Express, 6 July 2011
44. Security ensured to RTI activist, The Shillong Times, 2 February 2011
45. RTI finding costs activist dearly?, The Shillong Times, 2 February 2011
46. Dorbar ostracises three RTI applicants, The Shillong Times, 1 September 2010
47. Woman RTI activist shot dead in Bhopal, The Hindu, 16 August 2011
48. Woman RTI activist shot dead in Bhopal, The Hindu, 16 August 2011
endnotes
49.
50.
51.
52.
53.
54.
International rights body petitions Prime Minister on threats to RTI activists, E.Pao, 23 April 2011
Jethava murder: BJP MP Solanki gets clean chit, The Indian Express, 12 March 2011
RTI activists sitting ducks for all mighty in the state, The Indian Express, 28 June 2011
Central Information Commission, Complaint No. CIC/WB/C/2010/000061 dated 8.4.2010
Central Information Commission, Complaint No. CIC/WB/C/2010/000061 dated 8.4.2010
Karnataka Information Commission, Order dated 4.12.2008 (Sri Sunil Kumar Panchariya vs. Deputy Commissioner of Police (Central),
Bangalore)
55. Whistleblowers at receiving end after using RTI, The Hindu, 7 June 2010
What ails Multi-sectoral Development Plan (MsDP): A case study of Mizoram
1.
“Programme and Guidelines for Preparation of Multi-sectoral District Development Plans for Minority Concentration Districts”, available at
Ministry of Minority Affairs website, http://www.minorityaffairs.gov.in/sites/upload_files/moma/files/pdfs/dist_planprep_guide.pdf
2.
Letter of B. Sairengpuii, Secretary to the Government of Mizoram, Social Welfare Department, to Vivek Mehrotra, Secretary, Ministry of
Minority Affairs, vide letter No. A.14014/78/2010-SWD dated 8th June 2011
3.
Brief Record of Discussions of the Annual Conference of State Minorities Commissions (SMCs) held on 31.03.2010 at Vigyan Bhawan,
New Delhi, available at the website of National Commission for Minorities, http://ncm.nic.in/pdf/Recommendations%20Annual%20
Conference%20of%20State%20Minorities%20Commission%20held%20on%2031.03.pdf
Andhra Pradesh
1 . http://mha.nic.in/pdfs/CCSAP-REPORT-060111.pdf
2 . Make eighth chapter of Telangana report public: HC, The Indian Express, 23 March 2011
3 . Police register case against members of Srikrishna Committee; available at:
http://www.sify.com/news/police-register-case-against-members-of-srikrishna-committee-news-national-lfvaaghfcff.html
4 . Scribe beaten up by cops at PR stir, The Deccan Chronicle, 28 January 2011
5 . Telangana activists ‘stripped’ in lock-up, The Hindu, 10 February 2011
6 . 2 killed, 25 hurt in police firing in Kakarapalli, The Hindu, 1 March 2011
7 . RTI activist seeks refuge from cop’s false charges, The Deccan Chronile, 9 March 2011
8 . CI rains lathi blows on women, Times of India, 8 April 2011
9 . Film director accuses CCS cops of extortion, Deccan Chronicle, 20 April 2011
10 . SHRC seeks report on illegal detention of minors, The Times of India, 18 June 2011
11 . Azad killing: CBI registers case against A.P. police, The Hindu, 21 May 2011
12 . Notice to state on SHRC chairman, The Deccan Chronicle, 26 January 2011
13 . Land development scheme will benefit SC/STs: Minister, The Hindu, 29 January 2011
14 . New hope for tribal families in Warangal, The Hindu, 25 January 2011
15 . A boon for tribal families, The Hindu, 28 January 2011
16 . Failure to spend SC/ST funds rocks Assembly, The Hindu, 23 March 2011
17 . Tribal land alienated to non-tribals: NGO, The Hindu, 28 January 2011
18 . Adivasis storm ITDA office, The Hindu, 1 March 2011
19 . Tribals desert Vadamamidi in G.K. Veedhi mandal, The Hindu, 5 March 2011
20 . Tribals beat up mines official on Kannedhara Hills, The Hindu, 29 January 2011
21 . Court frees detained tribal people, The Hindu, 23 June 2011
22 . Plea to re-allocate funds for Dalit welfare, The Hindu, 9 January 2011
23 . Diversion of SCSP funds criticized, The Hindu, 8 March 2011
24 . ‘Welfare should reach Dalits directly’, The Hindu, 21 February 2011
25 . Dalit denied last rites, The Telegraph, 3 January 2011
26 . Siripuram tense, The Hindu, 16 April 2011
27 . MP seeks justice for Dalit farmers, The Hindu, 21 June 2011
28 . 50% reservation to women in Panchayat Raj institutions in AP, Indian Express, 8 April 2011
29 . ‘Set up courts to deal with atrocity cases against women’, The Hindu, 24 May 2011
30 . Teacher killed by stalker at school, Deccan Chronicle, 21 April 2011
31 . Cops nab driver for ‘raping’ student, Times of India, 19 April 2011
32 . Violence against women on the rise, says survey, 1 February 2011
33 . State second in trafficking of girls, The Hindu, 4 March 2011
34 . Tears of joy sum up rescued kids’ reunion, The Deccan Chronicle, 10 March 2011
35 . Schools flout punishment rule, The Deccan Chronicle, 18 January 2011
36 . Principal beats up kids, The Deccan Chronicle, 29 January 2011
37 . Student ‘beaten up’ by school principal, The Hindu, 10 February 2011
38 . Teacher ‘beats up’ student, The Hindu, 12 March 2011
111
112
endnotes
39 . Vikasa drive to identify tribal child labourers, The Deccan Chronicle, 21 February 2011
40 . 40 child labourers freed, The Hindu, 30 June 2011
41 . ‘Rescued’ child worker back to work, Times of India, 21 April 2011
42 . Remission in sentence for 305 life convicts, The Hindu, 26 January 2011
43 . 85% prisoners in jails languish without trial, The Deccan Chronicle, 7 June 2011
44 . Andhra Pradesh slips in NREGA plan implementation, The Deccan Chronicle, 6 May 2011
45 . NREGS funds fraud touches ‘100-cr mark, The Asian Age, 27 June 2011
46 . Irregularities to fore in MGNREGS works, Deccan Chronicle, 18 April 2011
47 . Legislation mooted to check misuse of NREGS funds, The Hindu, 23 June 2011
48 . Rs 4,000 medical aid to pregnant BPL women, The Deccan Chronicle, 22 February 2011
49 . Many babies die before birth at Gandhi Hospital, Times of India, 21 April 2011
50 . Shortage of doctors hits health services in remote areas, The Hindu, 15 March 2011
51 . Nine students hospitalized, The Hindu, 12 March 2011
52. AP FAILS TO LEARN ITS LESSONS, The Deccan Chronicle, 22 June 2011
53 . AP FAILS TO LEARN ITS LESSONS, The Deccan Chronicle, 22 June 2011
54 . Funds meant for Girijan children ‘swindled’, The Hindu, 13 April 2011
55 . Tribal farmer ends life, The Hindu, 21 January 2011
56 . Farmer ends life due to crop failure, The Hindu, 12 March 2011
57 . Officially, 700 weavers committed suicide, The Hindu, 16 March 2011
Arunachal Pradesh
1. APSCW enquiry committee on Daporijo MMS scandal reveal startling details, The Arunachal Times, 9 June 2011
2. Concerns rise over juvenile crimes in Roing, The Sentinel, 6 May 2011
3. Police arrests juveniles for theft of telephone wires, The Sentinel, 1 June 2011
4. Communication received from Asian Indigenous and Tribal Peoples Network
5. Minister admits manpower shortage in Health Department, The Sentinel, 13 April 2011
6. Available at: http://censusindia.gov.in/2011-prov-results/prov_data_products_arunachal.html
7. A school with a difference, The Arunachal Times, 11 January 2011
8. The hunter becomes the hunted in Seppa SSA embezzlement! The Sentinel, 11 January 2011
9. Panel to improve the lot of Puroik community, The Arunachal Times, 23 March 2011
10. 2003-2004 Annual Report, Ministry of Labour, available at: http://labour.nic.in/annrep/annrep0304/english/Chapter09.pdf
11. NHRC Case No. 12/2/1999-2000(FC), available at: http://nhrc.nic.in/labourcases.htm#No3
Assam
1 . CAG hints at Rs 2,361-cr scam in Assam - KMSS says both Tarun Gogoi and Himanta Biswa Sarma should resign, The Sentinel, 14 January
2011
2 . CAG hints at Rs 2,361-cr scam in Assam - KMSS says both Tarun Gogoi and Himanta Biswa Sarma should resign, The Sentinel, 14 January
2011
3 . Assam Reluctant To Allow CBI To Probe Scam’s Root, The Asian Age, 28 January 2011
4 . Expedite all fraud cases: CAG to Assam, The Sentinel, 8 February 2011
5. Utilisation certificates worth Rs 7,015 cr pending, The Assam Tribune, 8 February 2011
6. CAG detects wasteful expenditure, The Assam Tribune, 17 January 2011
7. 81.4 % NLCPR funds spent, only 54 % work done, The Sentinel, 6 March 2011
8. NDFB cadre goes missing after arrest, family moves HC, The Sentinel, 21 March 2011
9. ‘Maoist’ youth dead, harass blame on cops, The Telegraph, 27 February 2011
10. Death in police custody angers mob, The Sentinel, 4 March 2011
11. ‘Stop harassing innocent Bodo students’, The Sentinel, 11 March 2011
12 . Student killed in police firing; 3 cops, 2 youth injured, The Sentinel, 13 April 2011
13 . Midday mayhem in Dispur 3 killed, 40 hurt in police firing, The Telegraph, 23 June 2011
14 . http://www.prokerala.com/news/articles/a193351.html
15 . 10 year later, ‘mass killings’ haunt Centre, Assam Government, The Pioneer, 10 January 2011
16 . 7 Jorhat cops sentenced, The Telegraph, 3 May 2011
17 . Cong leader gunned down, The Telegraph, 28 January 2011
18 . Adivasi student leader shot dead - Community smells political conspiracy in killing; union calls 12-hour Assam bandh today, The Telegraph,
23 February 2011
19 . KLNLF attacks doctor, six detained, The Sentinel, 12 June 2011
20 . Tribal ultras gun down KAADC member, The Shillong Times, 9 June 2011
21 . Six WWF field workers abducted in Kokrajhar, The Telegraph, 8 February 2011
22. Reang ultras kidnap youth, The Sentinel, 22 April 2011
24 . Militants abduct ONGC official’s son, seek 20L ransom, The Times of India, 15 June 2011
25 . ‘Congress government deceived tribal people’, The Sentinel, 6 March 2011
26 . Assam tribal sangha files PIL on vacancies, The Telegraph, 14 January 2011
27 . Non-implementation of Forest Right Act decried, The Sentinel, 18 April 2011
28. Crimes against women at a high - Records reveal a spurt since 2001, The Telegraph, 8 February 2011
29 . MLA Jiten Gogoi arrested, The Sentinel, 20 April 2011
30 . Old couple killed for practising ‘witchcraft’, The Sentinel, 3 January 201
31 . Suspicion fans horror in Bodo belt - Another ‘witch’ dies in Kokrajhar, The Telegraph, 19 April 2011
34 . No end to ‘witch’ killing in Kokrajhar, The Sentinel, 21 April 2011
35 . No end to ‘witch’ killing in Kokrajhar, The Sentinel, 21 April 2011
36 . Couple tortured for practising ‘witchcraft’, The Assam Tribune, 9 March 2011
37 . Witch hunting claims tribal couple in Assam, The Shillong Times, 9 May 2011
38 . Three hacked to death for ‘witchcraft’, The Assam Tribune, 4 June 2011
39 . No free drugs even under National Rural Health Mission, The Times of India, 27 February 2011
40 . 99,283 infant deaths in six years, The Sentinel, 16 June 2011
41 . Number of maternal deaths in Assam still remains high, The Sentinel, 26 May 2011
42 . ASHA facing uncertain future, The Sentinel, 5 February 2011
43 . ASHA workers decry ‘apathy’, stage protest march, The Sentinel, 23 February 2011
44 . ASHA workers seek to be treated as regular NRHM employees, The Sentinel, 21 January 2011
45 . NGO Pratham’s ASER Report 2010, available at: http://images2.asercentre.org/aserreports/ALL_INDIA_2010.pdf
46 . Lack of teachers hinders act, The Telegraph, 10 January 2011
47 . Single teacher in primary schools, The Sentinel, 7 June 2011
48 . Joint protest for desks & benches, The Telegraph, 12 February 2011
49 . Elementary education in complete disarray, The Assam Tribune, 28 April 2011
50 . Irregularities in implementation of IAY, The Sentinel, 6 January 2011
51 . Loop holes in IAY under Kalaigaon Block, The Sentinel, 5 March 2011
52 . http://minorityaffairs.gov.in/newsite/schemes/multisector/DMU_physical.pdf
53 . Flat relief for poor a far cry, The Telegraph, 8 June 2011
54 . Assam tops NREGA complaints in NE, The Hindustan Times, 2 March 2011
55 . Fund siphoning alleged, The Sentinel, 5 February 2011
56 . Probe demanded into misuse of NREGA fund, The Sentinel, 24 February 2011
57 . GP office locked-up, The Sentinel, 6 January 2011
58 . Protest, The Telegraph, 26 March 2011
59 . A grand CM scheme, a grand failure too! The Sentinel, 28 April 2011
60 . Massive corruption in PDS: Rice routed to black market, The Sentinel, 2 May 2011
Bihar
1. Scheme for direct deal with owners, The Telegraph, 10 March 2011
2. Farmers protest against land acquisition, torch train engine, The Hindu, 17 January 2011
3. Scheme for direct deal with owners, The Telegraph, 10 March 2011
4. Woman kabaddi player shot dead, The Hindu, 11 February 2011
5. Cops deny fake encounter allegation, The Telegraph, 1 March 2011
6. Torture whiff in arrested Maoist death, The Telegraph, 17 March 2011
7. Custody death prompts DSP shift, The Telegraph, 23 April 2011
8. 4 killed in Bihar as police open fire on villagers, The Hindu, 5 June 2011
9. Jail shift for don post attack on officer, The Telegraph, 1 February 2011
10. Undertrial lynched by hardened convicts inside jail, The Times of India, 11 February 2011
11. Doctor killed for sick tag snub, The Telegraph, 31 May 2011
12. Villager slain in Red raid, The Telegraph, 19 January 2011
13. Naxalites kill former mukhiya, The Telegraph, 28 January 2011
14 . Maoists torch fuel tanker, kidnap driver & helper, The Telegraph, 6 February 2011
15 . Maoists bring down tower in Bihar dist, Hindustan Times, 18 April 2011
16 . Rebels abduct four farmers, The Telegraph, 15 May 2011
17 . One killed, seven election officials abducted in Bihar, The Hindu, 16 May 2011
18 . Maoists free abducted rail employees, The Hindu, 23 May 2011
endnotes
113
114
endnotes
19 . Maoists kill villager, The Hindu, 14 June 2011
20 . Bihar: Maoists blast school building, BSNL tower, The Indian Express, 16 March 2011
21 . Maoists blast school, The Hindu, 26 March 2011
22 . Maoists bring down tower in Bihar dist, Hindustan Times, 18 April 2011
23 . Maoists score on poor connectivity - Rebels blow up school in Rohtas, The Telegraph, 1 June 2011
24 . Maoists blast six cell towers, torch part of railway station, The Hindu, 17 June 2011
25. Ministry of Tribal Affairs, “Status report on implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of
Forest Rights) Act, 2006 [for the period ending 30th June, 2011], http://www.tribal.nic.in/writereaddata/mainlinkFile/File1296.pdf
26 . Call for forest rights act, The Telegraph, 19 May 2011
27 . Dalit children recount horrific tales of discrimination, The Deccan Herald, 15 May 2011
28 . RJD flays govt for attack on Dalits, Times of India, 18 April 2011
29 . Woman raped in police station, The Deccan Chronicle, 5 March 2011
30 . Teenager raped in auto, The Telegraph, 15 April 2011
31 . Woman killed for dowry, The Telegraph, 27 April 201
32 . Raped girl gains consciousness, sent to PMCH, Times of India, 8 April 2011
33 . Police step up vigil to stem human trafficking - Around 10000 women and children from Bihar initiated into flesh trade every year, The
Telegraph, 10 March 2011
34 . New generation health guarantee scheme in Bihar, The Hindu,8 April 2011
35 . More health benefits for BPL families, The Telegraph, 25 May 2011
36 . Experts stress plug on newborn deaths, The Telegraph, 26 April 2011
37 . BHSA blames govt for poor healthcare scenario in Patna, Times of India, 29 April 2011
38 . Central team traces glitch in health plans, The Telegraph, 23 May 2011
39 . Temple doubles as school for BPL children - Fifty-year-old government institution with 200 kids manages with scarce resources, The Telegraph,
20 April 2011
40 . Primary school flunks real-time test - Institute under Sarva Shiksha Abhiyan faces double predicament
— too many kids, too little space, The Telegraph, 4 May 2011
41 . CM orders removal of security forces from schools, Times of India, 8 April 2011
42 . Over 8,000 Bihar teachers fail Class V test, Indian Express, 8 April 2011
43 . 55 per cent malnourished in Bihar, The Hindu, 17 June 2011
44 . Nutrition package tests kids’ health in Kosi region - Food experts question logic behind distribution of chura and gur to children below six
years, The Telegraph, 30 April 2011
45 . Rs 29 crore shot in arm, The Telegraph, 23 March 2011
46 . Scams drill holes in Indira Awas, The Telegraph, 7 January 2011
47 . Delay sinks rehab hope of slum dwellers, The Telegraph, 7 June 2011
48 . CAG detects Rs 407.97 crore irregularity in Bihar departments, The Indian Express, 1 April 2011
Chhattisgarh
1. Chhattisgarh villages torched in police rampage, The Hindu, 23 March 2011, available at
http://www.thehindu.com/news/states/other-states/article1562165.ece?homepage=true
5. Maoists burnt villages, claims Chhattisgarh government, The Hindu, 28 March 2011
6. ‘War-like situation in 3 villages’, The Hindustan Times, 1 May 2011
7. Dantewada report: Mander sees tribals caught in ‘undeclared civil war’, The Indian Express, 1 May 2011
8. Centre, Chhattisgarh pulled up on SPOs, The Hindu, 26 April 2011
9. Koya force essential to tackle Naxals: Governor, The Deccan Chronicle, 12 April 2011
10. Maoists abduct 5 cops, 1 civilian in C’garh, The Indian Express, 26 January 2011
11. Maoists release five abducted cops in Chhattisgarh, The Indian Express, 11 February 2011
12. Maoists release five abducted cops in Chhattisgarh, The Indian Express, 11 February 2011
13. Maoists tell abducted cops to quit job, The Indian Express, 12 February 2011
14. Naxals kill two on bandh day in Chhattisgarh, The Hindu, 22 May 2011
15. MSF and Red Cross aiding Maoists: Dantewada police, The Hindu, 21 January 2011
16. C’garh High Court denies bail to rights activist Dr Binayak Sen, The Indian Express, 10 February 2011
17. Binayak Sen gets bail in Supreme Court, The Hindu, 15 April 2011
endnotes
18. Attacks on activists threaten conservation efforts, The Asian Age, 13 June 2011
19. Environmental crusader sent to jail for taking on company, The Times of India, 29 May 2011
20. Environmental activist denied bail, chained to hospital bed, The Times of India, 3 June 2011
21. Environmental activist denied bail, chained to hospital bed, The Times of India, 3 June 2011
22. Environmental activists refused bail, The Hindu, 24 June 2011
23. 2 constables charged with raping Adivasi minors in Chhattisgarh, The Hindu, 1 May 2011
24. Chhattisgarh government pulled up for misleading court, The Hindu, 8 January 2011, available at
http://www.hindu.com/2011/01/08/stories/2011010864821300.htm
25. SC asks security forces to vacate schools, hostels, The Pioneer, 19 January 2011
26. Chhattisgarh’s ‘child cops’ skip school for police duty, The Sentinel, 6 April 2011
27. Chhattisgarh’s Janjgir-Champa district to have 34 power plants, Business Standard, 17 December 2010,
http://www.business-standard.com/india/news/chhattisgarhs-janjgir-champa-district-to-have-34-power-plants/418586/
28. Farmers protest against land acquisition in Chhattisgarh, 78 held, Times of India, 19 January 2011,
http://articles.timesofindia.indiatimes.com/2011-01-19/india/28376565_1_farmers-protest-land-acquisition-acres
29. CM: Salwa Judum is now over, The Hindustan Times, 7 February 2011
30. Naxals have run over Salwa Judum, SC told - Court asks Chhattisgarh to disband relief camps, The Tribune, 19 January 2011
31. Maoist reprisal blocking villagers’ shift from relief camps, SC told, The Pioneer, 25 February 2011
Delhi
1. Court notice to Centre, Delhi over human rights courts, The Hindu, 21 April 2011
2. Delhi Government starts process to set up human rights courts, The Hindu, 2 June 2011
3. Human rights courts in Delhi soon, Tribune, 3 July 2011
4. A woman is raped every 18 hrs in Delhi, India Today, 7 January 2011, http://indiatoday.intoday.in/site/story/a-woman-is-raped-every-18-hrs-indelhi/1/125779.html
5. Delhi govt turns proactive to deal with violence against women, Zee News, 8 March 2011
6. Chased by cops, woman gives birth in park; HC orders probe, The Indian Express, 3 February 2011
7.
NHRC notice to Delhi CP on dragging of injured girl by police, The Deccan Herald, 17 March 2011
8. Gangrape case filed after court directive, The Pioneer, 11 February 2011
9. Woman injured in police action remains critical, The Hindu, 7 June 2011
10. 30 injured in police sweep at Ramlila Maidan, The Times of India, 5 June 2011
11. Court takes suo motu notice of crackdown, The Hindu (online), 6 June 2011,
12. An innocent man was killed here, Mid Day, 31 May 2011,
http://www.mid-day.com/news/2011/may/310511-news-delhi-An-innocent-man-killed-beat-him-to-death.htm
13. Inquiry against SHO, The Hindu, 15 March 2011
14. Enquiry ordered against four Delhi Police personnel, CNN-IBN, 29 March 2011,
http://ibnlive.in.com/generalnewsfeed/news/enquiry-ordered-against-four-delhi-police-personnel/628730.html
15. HC acquits 7 terror suspects, says cops framed them, The Indian Express, 10 February 2011
16. 25 child labourers rescued in Delhi, The Shillong Times, 10 March 2011
17. Factory owner beats 10-yr-old worker to death, Times of India, 18 April 2011
18. House of horrors: Child labourer recalls his trauma, Times of India, 19 April 2011
19. Attack on rescuers of child workers; HC summons Police Chief, msn news, 18 March 2011, available at
http://news.in.msn.com/national/article.aspx?cp-documentid=5049025
20. Cancel licences of factories hiring kids: HC, The Tribune, 28 April 2011;
21. MHA, Delhi get NHRC notices over missing kids, The Tribune, 23 March 2011
22. 10 kids go missing in Delhi every day, The Times of India, 29 July 2011
23. ‘Poor conditions at shelter homes force kids to flee’ - 1,750 children remain untraced, The Tribune, 20 January 2011
Gujarat
1. ‘Power-Point Presentation on Relative Development of Gujarat and Socio-Religious Differentials’ By Dr Abusaleh Shariff (Chief Economist,
NCAER, New Delhi & Member Secretary, Sachar Committee, New Delhi), February 12, 2011 organised by Institute of Objective Studies,
available at http://www.iosworld.org/gujarat-growth.php
2. ‘Muslims left behind in Gujarat’s growth story’, The Times of India, 18 February 2011
3. Rs 98 crore of aid yet to reach riot-hit, The Indian Express, 5 March 2011
4. Riot victims still await central relief, The Indian Express, 19 February 2011
5. Scholarship for minority scheme is unfair: Gujarat Govt, Times of India, 27 April 2011
6. ‘Rethink on scholarship to minority students likely’, The Times of India (online), 5 April 2011
7. RTI activist stabbed in Porbandar, The Times of India, 25 June 2011
8. Four arrested for attack on RTI activist in Gujarat, The Times of India, 25 June 2011
115
116
endnotes
9.
31st March 2011”, available at http://www.tribal.nic.in/writereaddata/mainlinkFile/File1276.pdf
10. Congress stages walkout on tribal land rights issue, The Indian Express, 10 March 2011
11. Dalits face slurs, Delhi panel visits state village, The Indian Express, 26 February 2011
12. Narendra Modi’s thriving Gujarat is not in pink of health, The Indian Express, 4 February 2011
13. Modhwadia alleges Rs 92-cr scam in child nutrition project, The Indian Express, 11 March 2011
14. 50,000 brick kiln workers on strike, Daily News & Analysis, 16 January 2011
15. Crying torture, labourers flee brick kiln, The Indian Express, 12 January 2011
16. ‘Brick kiln workers paid less than others, but no bonded labour’, The Indian Express, 23 February 2011
Haryana
1. CBI to probe custody death case, The Pioneer, 29 January 2011
2. Pay Rs 5 lakh each to both victims’ kin: HC, The Tribune, 25 January 2011
3. Complaint of Asian Centre for Human Rights to National Human Rights Commission, 15 February 2011
4. Warrants against 4 police personnel, The Tribune, 12 March 2011
5. Complaint of Asian Centre for Human Rights to National Human Rights Commission, 26 April 2011
6. Double Murder at Ellenabad Victim’s nephews allege police torture, The Tribune, 17 May 2011
7. Murdered woman’s kin allege police torture, The Tribune, 15 June 2011
8. Dalit killings: Upper castes to pay for stir?, The Indian Express, 31 January 2011
9. SC orders magisterial probe into Mirchpur case, Zee News, 26 April 2011
10. Mirchpur Violence - SC orders security, food for victims, The Tribune, 13 May 2011
11. Mirchpur: Probe panel seeks extension, The Tribune, 14 March 2011
12. Dalit’s killing: Protesters ransack shops during Sirsa bandh, The Tribune, 13 May 2011
13. Dalit beaten to death for peeping inside bathroom, The Times of India, 27 June 2011
14. Dalit sarpanch thrashed over MNREGA work, The Times of India, 16 March 2011
15. Two Dalits allege humiliation, The Tribune, 14 January 2011
16. Juvenile lodged with hardened criminals; HC questions Govt, The Pioneer, 29 March 2011
17. Complaint of Asian Centre for Human Rights to National Commission for Protection of Child Rights, 7 April 2011
18. Over 40 cases of child labour detected - Labour Dept inspects 33 establishments in Sirsa, Fatehabad, The Tribune, 15 June 2011
19. Rehabilitate kid immediately: NCPCR to govt, The Times of India, 21 May 2011
20. Government to spend Rs 300 cr on better health facilities, The Pioneer, 4 March 2011
21. Haryana health service hit by 489 vacancies, The Pioneer, 18 March 2011
22. Heath centres hit by staff shortage, The Pioneer, 24 February 2011
23. Haryana govt approves RTE, to benefit 22 lakh children, Zee News, 26 May 2011
24. TRIBUNE IMPACT - HC notice to government on failure to launch State Literacy Mission, The Tribune, 3 February 2011
Himachal Pradesh
1. HC gets tough on illegal mining, The Tribune, 21 April 2011
2. Govt all set to eradicate illegal mining mafia, The Pioneer, 11 March 2011
3. Complaint of Asian Centre for Human Rights to National Human Rights Commission, 29 June 2011
4. Cabinet nod to free education for children, The Tribune, 27 February 2011
5. Himachal bans leather shoes in schools, Zee News, 6 February 2011, available at: http://www.zeenews.com/news685356.html
6. 4 students buried alivein wall collapse, The Tribune, 8 February 2011
7. Himachal Pradesh hospitals require 100 specialists, The Pioneer, 18 April 2011
8. NRHM benefits elude most users , The Tribune, 11 April 2011
Jammu & Kashmir
1. SC’s poser to state on plight of Kashmiri pundits, The Tribune, 18 January 2011 2. SC’s poser to state on plight of Kashmiri pundits, The Tribune, 18 January 2011
3. SC’s poser to state on plight of Kashmiri pundits, The Tribune, 18 January 2011
4. Kashmir interlocutors reach out to POK refugees, Yahoo News, 23 February 2011
5. HR violations of PoK refugees, Daily Excelsior, available at: http://www.dailyexcelsior.com/web1/11feb07/edit.htm#4
6. MHA Press Release, 3 February 2011, available at: http://pib.nic.in/newsite/erelease.aspx?relid=69546
7. 341 custodial deaths in J&K since 1990, The Times of India, 31 March 2011
8. Complaint of Asian Centre for Human Rights to National Human Rights Commission, 17 January 2011
10. Kashmir unrest 2010: Injured woman succumbs, toll 118, The Greater Kashmir, 25 March 2011
11. Judicial Commn gets extension, The Greater Kashmir, 2 February 2011
12. 14 CoIs, 21 MAGISTERIAL PROBES ORDERED - Reports Awaited In 12 Cases, The Greater Kashmir, 18 March 2011
endnotes
13. Defence Ministry ordered to pay compensation, The Hindu, 3 April 2011
14. 300-350 terrorists active: DGP, Daily Excelsior, 1 April 2011
15. 698 politicians among 13,215 civilians killed in JK, MSN News, 1 April 2011, available at: http://news.in.msn.com/national/article.aspx?cpdocumentid=5093908
16. Sopore shutdown against murder of girls, The Hindu, 5 February 2011
17. Hizb militants behind NC activist killing: Police, IBN Live, 31 March 2011, available at:
http://ibnlive.in.com/generalnewsfeed/news/hizb-militants-behind-nc-activist-killing-police/631856.html
18. Man shot dead by militants, Daily Bhaskar, 20 April 2011
19. Omar denies minor being detained under PSA in J-K, The Indian Express, 26 February 2011
20. ‘Medical tests prove Faizan a minor’ - Father says Govt not making report public, The Greater Kashmir, 28 March 2011
21. 114 detained under PSA: IGP, The Greater Kashmir, 12 March 2011
22. High Court quashes PSA of minor, The Greater Kashmir, 7 April 2011
23. 2285 vacancies of docs in JK hospitals, The Greater Kashmir, 26 March 2011
24. 80% HCs operate from rented accommodation, The Greater Kashmir, 10 March 2011
25. Health Centres galore in winter capital – 161 docs, para-medics draw salaries; no work, The Kashmir Times, 11 March 2011
26. Hundreds of government buildings left under constructed under KGBV scheme Girls elementary education suffering due to authorities apathy,
The Kashmir Times, 10 January 2011
27. 4830 schools without buildings - 819 Lack Drinking Water, Toilet Facilities, The Greater Kashmir, 10 March 2011
Jharkhand
1. Hemant admits job scheme lapses, The Telegraph, 6 March 2011
2. Maoist hand in Drèze aide’s death, The Telegraph, 4 March 2011
3. Maoist hand in Drèze aide’s death, The Telegraph, 4 March 2011
4. One held, but police yet to crack case, The Telegraph, 5 March 2011
5. Labourer beaten to death for demanding wages, The Hindu, 22 February 2011
6. ACTIVISTS’ DEATH - Jharkhand may lose rural job plan funds, The Hindustan Times, 9 March 2011
7. ‘Halting MGNREG funds not viable option’, The Pioneer, 23 March 2011
8. Glare on NREGS plans in Dumka, The Telegraph, 28 April 2011
9. NREGA irregularities continue in Garhwa, The Pioneer, 21 April 2011
10. Criminal kills self in lock-up, The Telegraph, 11 March 2011
11. Three killed in police firing in Dhanbad, The Hindu, 28 April 2011
12. Death toll reaches 5, curfew continues, The Pioneer, 29 April 2011
13. Naxals kill 3 kids, 6 others in Gumla, The Pioneer, 7 January 2011
14. Maoists butcher police ‘informer’, The Telegraph, 14 January 2011
15. Maoists kill two at Jan Adalat, The Pioneer, 18 January 2011
16. Maoists kill 2, target police in Latehar, The Telegraph, 5 March 2011
17. Reliance official killed by Naxalites, The Hindu, 7 April 2011
18. 2 villagers ‘tried’, killed by Maoists, The Telegraph, 13 April 2011
19. 2 shot, Maoists claim onus, The Telegraph, 19 April 2011
20. Minister asks officials to restore tribal lands, Times of India, 9 April 2011
21. Dam construction begins without land acquisition in Khunti, The Pioneer, 23 February 2011
22. MoEF grants forest clearance for SAIL’s Chiria mines, The Hindu, 10 February 2011
23. Grilled at home, activist furious - Gladson Dungdung writes to PC against IB sleuths over anti-national slur, The Telegraph, 25 June 2011
24. NGO demands scrapping of cases, The Telegraph, 23 June 2011
25. Alarming rise in incidents of domestic violence in Jharkhand, The Pioneer, 4 June 2011
26. Domestic violence tops calls, The Telegraph, 26 May 2011
27. Tortured by husband, woman dies of burns, The Telegraph, 27 April 2011
28. SC asks Jharkhand, Tripura to free schools from security forces, The Times of India, 8 March 2011
29. Molest slur on CRPF men, The Telegraph, 28 June 2011
30. Maoists blow up school in Palamau, The Indian Express, 26 January 2011
31. Maoists bulldoze school, The Telegraph, 8 June 2011
32. Maoists blow up school, The Telegraph, 19 June 2011
33. Child labour ban seems to be only on paper, The Pioneer, 18 January 2011
34. Child abuse rampant in State, The Pioneer, 3 February 2011
35. Two rooms make a school for 72 - Scarcity of teachers hits education, The Telegraph, 11 March 2011
36. Water woes dry midday meal, The Telegraph, 1 March 2011
117
118
endnotes
Karnataka
1. Seven SC families face social boycott, The Hindu,9 April 2011
2. Facing discrimination, dalits take to hair cutting, Times of India, 2 May 2011
3. Two Dalits attacked, The Hindu, 5 March 2011
4. Dalits pay the price for supporting BJP, The Times of India, 2 January 2011
5. Post office is out of bounds to us, say Dalits - Dalits forced to transact from outside, The Hindu, 28 January 2011
6. Utilise funds allocated for welfare of Dalits: samiti, The Hindu, 4 January 2011
7. Police accused of beating up youth for alleged theft, The Hindu, 23 February 2011
8. Three police personnel suspended for death in lock-up, The Hindu, 3 March 2011
9. Three policemen arrested, The Hindu, 4 March 2011
10. Man’s suicide in jail leads to CID inquiry, The Times of India, 5 March 2011
11. Karnataka opposes proposed UNESCO tag for Western Ghats, The Hindu, 17 June 2011
12. State has poor record on tribal rights, The Hindu, 21 June 2011
13. Corporal punishment: Karnataka warns education dept officials, The Deccan Herald, 28 January 2011
14. Punished for reaching late, schoolkid dies in Karnataka, The Times of India, 12 January 2011
15. 3-year-old girl made to strip as punishment, The Times of India, 19 January 2011
16. Parent files complaint with juvenile board, The Hindu, 3 February 2011
17. ‘Child trafficking rampant in Dakshina Kannada’, The Hindu, 25 March 2011
18. 550 girls went missing last year, The Hindu, 22 March 2011
19. Nine bonded labourers freed in Hosahudya, The Deccan Herald, 24 March 2011
20. Provide water, toilet in schools by December: HC, Deccan Herald, 12 April 2011
21. Economy ‘booms’, but schools languish - No drinking water in 2,851 schools, no toilets in 1,306, The Deccan Herald, 26 February 2011
22. Suicide of farmers ; Hassan highest, The Deccan Herald, 12 January 2011
23. 12 farmers attempt suicide in Karnataka, The Hindu, 5 February 2011
24. Farmer ends life in Mandya district, The Hindu, 18 March 2011
25. Farmer commits suicide, The Hindu, 16 April 2011
26. Tension grips Karwar village following farmer’s death, The Times of India, 8 June 2011
27. Utilise MNREGA funds fully, officials told, The Hindu, 28 January 2011
28. Rs. 40 lakh misused under job scheme, says ombudsman, The Hindu, 11 March 2011
29. MGNREGS workers approach labour court, Deccan Chronicle, 19 April 2011
30. Complaint against officials for fund misuse, The Hindu, 3 June 2011
31. Centre cuts down MGNREGS grants to State, The Deccan Herald, 2 June 2011
Kerala
1. Kerala HC comes down against CBI, Zee News, 24 January 2011, http://www.zeenews.com/news682895.html
2. CBI knocks SC doors, sulks at its own officer’s defiance, The Indian Express, 1 March 2011
3. CBI knocks SC doors, sulks at its own officer’s defiance, The Indian Express, 1 March 2011
4. Custodial death case: four police officers remanded, The Hindu, 25 March 2011
5. Asian Human Rights Commission, Urgent Appeal Case: AHRC-UAC-039-2011
6. Custodial torture of DYFI unit secretary alleged, The Hindu, 9 June 2011
7. How Kerala police officer ‘plotted’ reporter’s assault, Indian Express, 22 May 2011,
http://www.indianexpress.com/news/how-kerala-police-officer-plotted-reporters-assault/794116/0
8. Tribesmen object to resort at Silent Valley, The Hindu, 23 March 2011
9. Cases against tribal people to be withdrawn: Minister, The Hindu, 8 February 2011
10. Order to withdraw cases against tribal people, The Hindu, 21 February 2011
11. Rape of tribal women: 21 FIRs filed, The Hindu, 24 April 2011
12. Dalit officer retires, 3 held for ‘purifying’ his office, The Hindustan Times, 22 April 2011
13. 90 child workers rescued in Thrissur district, The Hindu, 8 June 2011
14. 19 children rescued from institution, The Hindu, 19 March 2011
15. Detailed probe begins into orphanage’s activities, The Hindu, 24 March 2011
16. Stockholm Convention approves recommendation for ban on Endosulfan, The Hindu, 30 April 2011,
http://www.hindu.com/2011/04/30/stories/2011043069700900.htm
17. NHRC Case No. : 477/11/6/2010
18. NHRC Case No. : 477/11/6/2010
19. The Final Report can be accessed here: http://endosulphanvictims.org/resources/NIOH-FinalReport.pdf
20. NHRC Case No. : 477/11/6/2010
endnotes
Madhya Pradesh
1. Women’s panel seeks report on minor girls trafficking, The Pioneer, 28 March 2011
2. Set up cell for missing kids: HC, The Hindustan Times, 16 March 2011
3. 472 girls kidnapped in a year, Dainik Bhaskar, 10 March 2011, available at;
http://daily.bhaskar.com/article/MP-BHO-472-girls-kidnapped-in-a-year-1923025.html
4. Labour Dept finds only two child labourers in State in one year, The Pioneer, 20 January 2011
5. Why a prisoner made to languish in jail even after completing sentence, SC asks MP Govt, The Pioneer, 7 February 2011
7. HC orders judicial probe in woman detention case, The Pioneer, 20 January 2011
9. Complaint of Asian Centre for Human Rights to National Human Rights Commission, 26 May 2011
10. Status report on implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 [for
the period ending 30 June 2011], Ministry of Tribal Affairs, Government of India
11. Law violated while acquiring tribal land: CPM, The Pioneer, 9 February 2011
12. 94 Sheopur tribal families handed over possession of land, The Pioneer, 16 February 2011
13. 2,191 rape cases reported in State, The Pioneer, 23 February 2011
14. MP performing well in health sector, says Narottam Mishra, The Pioneer, 16 March 2011
15. Malnutrition deaths: NCPCR team visits, The Pioneer, 17 January 2011
16. Migrant workers’ kids to reap fruits of schemes, Hindustan Times, 7 February 2011
17. Commission for poor provided 26 lakh children with education opportunities, The Pioneer, 6 March 2011
18. State needs over 1 lakh teachers to implement RTE, The Pioneer, 7 April 2011
19. 26% members of PTA have never heard of RTE: Survey, The Pioneer, 20 April 2011
20. Kids drop out rates still high in MP, The Pioneer, 30 March 2011
21. Girl dies in Morena, The Pioneer, 22 January 2011
22. Bhilala tribal children set to join school, The Pioneer, 19 February 2011
23. SC issues notice to MP on irregularities in MGNREG, The Pioneer, 27 April 2011
24. Govt to make NREGA transparent, The Pioneer, 24 May 2011
Maharashtra
1 . Activists, journalists protest arrest of Dhawle, The Hindu, 5 January 2011
2 . Activist alleges harassment in Jaitapur area, The Hindu, 27 March 2011
3 . RTI activist attacked in Pune, The Hindu, 3 January 2011
4 . RTI activist assaulted in Bhandup, The Times of India, 3 January 2011
5 . RTI activist attacked, 1 arrested, The Asian Age, 21 February 2011
6 . Scribes protest against arrest of journalist, The Hindu, 20 May 2011
7 . Senior journalist who covered underworld shot dead in Mumbai, The Times of India, 11 June 2011
8 . Youth found dead, kin blame it on cops, Times of India, 9 April 2011
9 . Thane constable arrested for murder, Times of India, 10 April 2011
10 . 8 injured in police lathicharge in Solapur, Daily News & Analysis, 18 April 2011
11 . Tribal youths arrested for Naxal links, warn of hunger strike in Maharashtra, The Hindu, 2 May 2011
12 . Charges framed against 22 in Mumbai fake encounter case, The Indian Express, 9 March 2011
13 . Top cop expresses concern over custodial deaths in Pune, The Daily News and Analysis, 27 February 2011
14 . Maoists blow up vehicle, six killed, The Indian Express, 6 May 2011
15 . Naxals kill two tribal youths, The Indian Express, 11 June 2011
16 . Maharashtra plans special courts for speedy trial of caste atrocity cases, The Hindu, 8 February 2011
17 . Columnist found guilty under SC/ST Act, gets bail, The Hindu, 28 January 2011
18 . SC slams tribal torture - Court condemns strip & parade of woman by upper castes, The Telegraph, 6 January 2011
19 . SC slams Maharashtra over mild punishment 16 yrs ago, The Hindustan Times, 6 January 2011
20 . Maharashtra plans special courts for speedy trial of caste atrocity cases, The Hindu, 8 February 2011
21 . Adivasis on march to Mumbai seeking forest rights, The Hinu, 9 March 2011
22 . Hundreds of Adivasis march into Mumbai, The Hindu, 16 March 2011
23 . 10 Adivasis families ask for return of land - Notices issued to 17 families on May 19, The Hindu, 25 May 2011
24 .Jaitapur hearing takes place without opponents, The Hindu, 19 January 2011
25 . Beware propaganda against Jaitapur project: Chavan, The Hindu, 27 February 2011
26 . 18 Jaitapur protesters arrested, The Hindu, 2 March 2011
27 . Jaitapur activists barred by police, The Asian Age, 7 March 2011
119
120
endnotes
28 . One killed as Jaitapur protest turns violent, The Hindu, 19 April 2011
29 . Lavasa: team elicits views of affected people, activists, The Hindu, 7 January 2011
30 . Lavasa illegal, as of now: Govt - Green ministry ready to consider project if conditions are met, The Tribune, 19 January 2011
31 . No immediate action against Lavasa: Prithviraj Chavan, The DNA, 15 June 2011
32 . Farmers will move HC to get back SEZ land, The Times of India, 20 February 2011
33 . Maha govt scraps Mumbai SEZ, 19 February 2011, available at: http://indiatoday.intoday.in/site/story/maharashtra-government-scraps-mahamumbai-sez/1/130356.html
34 . Maharashtra passes Bill to provide 50% quota to women in local bodies, The Asian Age, 25 April 2011
35 . Dy SP quizzes women trainees over sexual assault, Times of India, 29 April 2011
36 . 9-yr-old ‘raped’ in Bandra, The Hindustan Times, 7 April 2011
37 . Doctor held for molesting minor girl, Times of India, 9 April 2011
38 . Create med fund for shelter homes: HC, Times of India, 8 April 2011
39 . Abducted minors rescued from brothel in Pune, Times of India, 15 April 2011
40 . Beed rape victim dies after a week’s struggle for life, Daily News & Analysis, 16 April 2011
41 . Schoolgirl gang-raped by six over a month, The Times of India, 4 June 2011
42 . Over 1,100 kids missing from city in 4 yrs, Indian Express, 25 April 2011
43 . “Probe MGNREGS scam in Maharashtra”, The Hindu, 18 March 2011
44 . No free drugs even under National Rural Health Mission, The Times of India, 27 February 2011
45 . Maharashtra to purchase 695 ambulances for rural areas, The Hindu, 17 January 2011
46 . Mumbai is state’s malaria capital, Times of India, 20 April 2011
47 . Maharashtra shame: More than one child dies every day in Melghat, Times of India, 12 April 2011
48 . Rs 817cr funds lie unused as Maharashtra is home to largest no. of urban poor, The Times of India, 25 February 2011
49 . Gharkul scheme for BPL families a distant dream, Times of India, 22 April 2011
50 . 4 more farmers’ end lives, toll this year 178, Times of India, 3 May 2011
51 . Govt failed in implementation of Vidarbha relief packages: CAG, Times of India, 27 April 2011
52 . PM’s Vidarbha package: 405 officials suspended for graft, The Pioneer, 22 March 2011
53 . Where are schools in rural Maharashtra? Daily News & Analysis, 16 April 2011
Manipur
1. Complaints galore on unpaid wages of NREGS, The Sangai Express, 11 February 2011
2. Court serves notice on non payment of MGNREGS allowance, Hueiyen News Service, 31 March 2011
3. 13 job card holders to be paid unemployment allowance, The Imphal Free Press, 28 February 2011
4. Manipur Court issues notice regarding non-payment to MGNREGS workers, The Sentinel, 4 April 2011
5. MGNREGS workers surrender job cards, The Sangaiexpress, 4 March 2011
6. Slur casts on usage of MNREGS fund, The Sangai Express, 11 March 2011
7. UN envoy briefed on human rights scenario in Manipur, The Sentinel, 18 January 2011
8. Sharmila re-arrested, The Assam Tribune, 12 March 2011
9. Complaint of Asian Centre for Human Rights to National Human Rights Commission, 1 March 2011
12. Man found innocent after torture, The Sentinel, 7 March 2011
14. GHC instructs OC to give details on Habeas Corpus case, Imphal Free Press, 3 March 2011
15. July 23 firing report submitted, The Telegraph, 18 May 2011
16. Court orders probe in alleged fake encounter, The Hueiyen News Service, 31 January 2011
17. Militants continue to target innocent civilians in Manipur, The Sentinel, 27 June 2011
18. Man looking after mobile tower shot dead in Manipur, The Sentinel, 6 April 2011
19. Engineer’s house attacked, security guard killed, 4 injured, The Hueiyen News Service, 11 February 2011
20. Headmaster hurt in grenade attack, The Sangai Express, 31 March 2011
21. Appeal to release villager, The Telegraph, 12 January 2011
22. Militants attempt to kidnap journalist Manipur, The Deccan Herald, 9 February 2011
23. JAC demands safe release of abducted Kangpokpi boy; threatens NH-39 blockade, The Sentinel, 1 March 2011
24. Thoubal commandos rescue Up-Pradhan, The Sangia Express, 8 April 2011
25. Militants force school to shut down in Manipur, The Indian Express, 20 January 2011
26. Grenade hurled at school in Manipur, The Sentinel, 29 April 2011
27. Meiteis flee after ‘quit notice’, The Telegraph, 25 February 2011
28. Promised safety, Meiteis return, The Telegraph, 26 February 2011
29. 60 NE children trafficked to Maharastra - 30 Zeme children from Manipur included, The Hueiyen News Service, 10 February 2011, available
endnotes
at: http://e-pao.net/GP.asp?src=26..100211.feb11
30. 19 kids rescued from Maharashtra handed over to parents Free Edn : Perfect bait for poor parents, The Sangai Express, 9 June 2011
31. Five children rescued, The Telegraph, 13 June 2011
32. Poor health care service continues to dog Ukhrul, The Sangai Express, 16 March 2011
33. Poor health care service continues to dog Ukhrul, The Sangai Express, 16 March 2011
36. Infrastructural Deficit, The Morung Express, 23 January 2011
Meghalaya
1. Cops claim militancy drop, The Telegraph, 3 January 2011
2. Five coal miners shot dead in Garo Hills, The Sentinel, 7 April 2011
3. GNLA ultras fire at trucks, The Shillong Times, 19 April 2011
4. Ex-policeman kidnapped, fourth abduction this month in Meghalaya, Daily News and Analysis, 27 March 2011
8. Magisterial probe into Fullmoon’s death, The Shillong Times, 7 January 2011
10. Complaint of Asian Centre for Human Rights to National Commission for Human Rights, 19 April 2011
11. BSF men ‘assault’ villagers, The Shillong Times, 21 March 2011
12. Daily Crime Update, Meghalaya Police, available at: http://meghpol.nic.in/
13. 30 rape accused penalized, The Sentinel, 22 March 2011
14. MSWC ‘adviced’ woman to withdraw case against GPO officials, The Shillong Times, 26 February 2011
16. Complaint of Asian Centre to National Commission for Protection of Child Rights, 10 February 2011
17. Complaint of Asian Centre to National Commission for Protection of Child Rights, 5 April 2011
18. Meghalaya healthcare infrastructure poor’, The Sentinel, 10 January 2011
19. Demand for probe into CAG findings, The Shillong Times, 21 March 2011
20. NREGA daily wages hiked, The Shillong Times, 8 January 2011
24. MGNREGS scam comes to light in Meghalaya, The Assam Tribune, 28 June 2011
25. Minister admits contamination of water bodies, The Sentinel, 24 March 2011
26. Complaint against eight cement units for violation of Forest Act, The Hindu, 12 March 2011
Nagaland
1. Human Rights Committee constituted, The Morung Express, 18 January 2011
2. Army files FIR against erring IRBs, The Morung Express, 21 January 2011
3. Prisoner commits ‘suicide’ in Kohima jail, The Sentinel, 24 February 2011
4. Aichisaghemi community condemns assault incident, The Morung Express, 1 April 2011
5. NSCN court-martials two accused in Dimapur businessman murder, The Imphal Free Press, 20 May 2011
6. Veg wholesaler abducted, The Morung Express, 19 January 2011
7. Is there Peace in Nagaland? The Morung Express, available at: http://www.morungexpress.com/public_discourse/61636.html
8. Abducted businessman returns safe, IBN Live, 4 February 2011, available at; http://ibnlive.in.com/generalnewsfeed/news/abducted-businessmanreturns-safe/565498.html
9. Complaint of Asian Centre for Human Rights to National Commission for Protection of Child Rights, 25 May 2011
10. Complaint of Asian Centre for Human Rights to National Commission for Protection of Child Rights, 20 January 2011
11. Complaint of Asian Centre for Human Rights to National Commission for Protection of Child Rights, 25 May 2011
12. RTE can help eradicate child trafficking in Nagaland, The Sentinel, 26 February 2011
13. Nagaland govt targets major school infrastructure revamp, The Morung Express, 15 January 2011
14. Poor infrastructure, paucity of teachers in govt. schools, The Morung Express, 30 January 2011
15. School Education woes rock Assembly, The Morung Express, 24 March 2011
16. How well is our healthcare sector? The Morung Express, 25 March 2011
19. Healthcare report reveals manpower shortage, inadequate infrastructure, The Morung Express, 30 March 2011
121
122
endnotes
Orissa
1. Lawyers agitate against police assault on judicial magistrate in Rourkela, Governance Now, 5 April 2011,
http://www.governancenow.com/news/protests-and-petitions/lawyers-agitate-against-police-assault-judicial-magistrate-rourkela
2. Naidu to probe assault on judge, The Telegraph, Kolkata, 27 April 2011
3. Custodial death: attempt to suppress identity alleged, The Hindu, 4 March 2011
4. Court directive on custodial death, The Hindu, 31 March 2011
5. Youth beaten up by cop, The Telegraph, 18 April 2011
6. Woman succumbs to police atrocity, Times of India, 3 May 2011
7. Youth dies after arrest in Keonjhar, Telegraph, 8 May 2011
8. Compensation for victims of ‘fake encounter’, The Hindu, 4 March 2011
9. Suspected Maoist arrest case in court, The Telegraph, 19 January 2011
10. Custodial death: attempt to suppress identity alleged, The Hindu, 4 March 2011
11. Jairam grants final approval to Orissa for Posco project, Times Now, 2 May 2011, http://www.timesnow.tv/articleshow/4372087.cms
12. Orissa resumes land acquisition for Posco plant, The Hindu, 19 May 2011
13. Orissa uses public purpose alibi to acquire land for Posco, The Times of India, 30 May 2011
14. NCPCR team visits Posco project area, The Hindu, 5 July 2011
15. Villagers firm on resisting land acquisition for Posco project, The Telegraph, 9 June 2011
16. Anti-Posco protest intensifies; police redeployed, The Times of India, 11 June 2011
17. 60 held for opposing Posco land acquisition, The Pioneer, 20 May 2011
18. Human barricade at Posco hub, The Telegraph, 3 June 2011
19. Protests against land acquisition for Posco project, The Hindu, 4 June 2011
20. Maoists gun down trader in Kandhamal, The Pioneer, 5 January 2011
21. ‘Maoists’ kill their former comrade, her 4-yr-old son, The Indian Express, 13 February 2011
22. Maoists kill 2 Malkangiri villagers, The Indian Express, 12 April 2011
23. BJD worker shot by Reds in Koraput, Times of India, 3 May 2011
24. Rebels unleash terror, kill ‘informers’, The Telegraph, 29 May 2011
25. Maoists kill informer in Malkangiri, The Telegraph, 14 June 2011
26. Govt to form panel for expediting tribal rights, The Pioneer, 28 April 2011
27. Chief Minister promises to withdraw cases against 130 tribal people, The Hindu, 25 May 2011
28. Orissa moves SC against govt order to shut Vedanta project, The Times of India, March 2011
29. Niyamgiri tribals vow to oppose bauxite mining, The Hindu, 1 March 2011
30. See ‘Bauxite mining: NSS, LSM begin ‘padayatra’’, The Hindu, 13 May 2011, and ‘Padayatra against Vedanta project in Niyamgiri concludes’,
The Hindu, 18 May 2011
31. Tribal protest, The Telegraph, 21 January 2011
32. Orissa villagers protest against illegal stone quarrying, Orissa Diary, 21 April 2011
33. Orissa: Dalit MP denied entry in temple, CNN-IBN, 25 June 2011, http://ibnlive.in.com/news/orissa-dalit-mp-denied-entry-in-temple/16245737-64.html
34. Orissa chief secretary, DGP to present facts before NCSC, Indian Express, 4 July 2011, http://www.indianexpress.com/news/orissa-chiefsecretary-dgp-to-present-facts-before-ncsc/812563/0
35. NHRC directive to State on ‘bartan’ system, The Hindu, 19 January 2011
36. ‘Bonded labour’ bartan system abolished in Orissa, The Indian Express, 9 March 2011
37. Dalit kids: ‘Untouchables’ and uneducated too, Times of India, 26 April 2011
38. Caste row, The Telegraph, 28 April 2011
39. Locals debar Dalit woman from cooking Anganwadi food, The Pioneer, 8 April 2011
40. Crimes against women on the rise in State: Home Dept, The Pioneer, 9 March 2011
41. “Orissa Police not registering cases of crime against women”, The Hindu, 17 February 2011
42. Dowry hint in woman, son death case, The Telegraph, Kolkata, 12 March 2011
43. Woman held for dowry death; others absconding, The Pioneer, 11 April 2011
44. Bill for 50% women quota in Panchayati Raj passed, The Pioneer, 9 April 2011
45. JSpur woman sarpanch assaulters still at large, The Pioneer, 21 April 2011
47. NCPCR asks Govt to withdraw police from schools in Posco area, The Pioneer, 6 July 2011
48. NCPCR team visits Posco project area, The Hindu, 5 July 2011
49. 46 children rescued from orphanage, The Indian Epxress, 11 March 2011
50. NHRC asks state to rehab affected, The Telegraph, 20 January 2011
51. Angul villagers demand compensation, The Hindu, 26 February 2011
52. 613 families to be displaced for Posco project: Govt, The Times of India, March 2011
53. Environment ministry’s order on Posco clearance, NDTV, 31 January 2011
endnotes
http://www.ndtv.com/article/india/environment-ministrys-order-on-posco-clearance-82530
54. NHRC takes serious view of poverty in KBK region, The Hindu, 20 January 2011
55. Over Rs. 18 crore spent on meal scheme monitoring, The Hindu, 25 February 2011
56. Orissa minister quits over dal scam, The Hindustan Times, 5 February 2011
57. HC directs Collectors to ensure quality of food schemes, The Hindu, 9 March 2011
59. State admits malnutrition deaths in Taberu, The Hindu, 4 June 2011
60. NGO reveals Orissa, UP NREGA discrepancy The Indian Express, 29 March 2011
61. NGO reveals Orissa, UP NREGA discrepancy, The Indian Express, 29 March 2011
62. Govt rejects CBI probe into rural jobs scam, The Pioneer, 24 March 2011
63. NREG scam in State: CBI inquiry notice out, The Pioneer, 4 May 2011
64. Dig tube wells in anganwadis soon, HC tells Govt, The Pioneer, 14 May 2011
65. Over 8000 anganwadi centres lack drinking water facilities, The Pioneer, 3 May 2011
Punjab
1 . Punjab crime victims to get compensation - Cabinet gives nod to policy; CrPC section modified, The Tribune, 4 January 2011
2 . Punjab to pay Rs 79l to jail inmates, The Pioneer, 18 March 2011
3 . Formulate guidelines for disbursement of CM’s Relief Fund for natural calamities: HC, The Pioneer, 22 March 2011
4 . Health workers cane-charged in Badal village, The Times of India, 7 March 2011
5 . KCF man dies in police custody, The Times of India, 15 March 2011
6 . 3 PRTC staffers allege torture by cops, The Tribune, 30 March 2011
7 . Two Punjab cops booked for humiliating Sikh protester, The Pioneer, 6 April 2011
8 . Woman alleges removal of ‘keski’ by cops, The Tribune, 22 April 2011
9 . Cop in trouble for arresting man despite stay orders, The Tribune, 19 May 2011
10 . Man accuses SHO of sexual assault, The Tribune, 19 May 2011
11 . 40 villagers hurt in clash with cops - Police resorts to lathicharge after protesters block the path leading to a wheat field; 4 cops too hurt, The
Tribune, 19 May 2011
12 . ‘SHO thrashed me, removed my turban’, The Times of India, 1 June 2011
13 . Jalandhar man accuses cops of abducting 3 sons, The Tribune, 21 June 2011
14 . Two cops suspended for ‘torturing’ couple, The Tribune, 7 June 2011
15 . Don’t be rubber stamps of probe officers: HC to courts, The Tribune, 23 March 2011
16 . Don’t be rubber stamps of probe officers: HC to courts, The Tribune, 23 March 2011
17 . Re-open cases of Dalit atrocities: SC commission tells Punjab Police, Indian Express, 21 April 2011
18 . Jan Sehat Yojna — 1 – Scheme for SCs opened to general category, The Tribune, 4 February 2011
19 . Jan Sehat Yojna - II – Rural Development Dept changes guidelines to suit political masters, The Tribune, 6 February 2011
20 . Dalit woman resists rape, set ablaze in Punjab, The Times of India, 18 January 2011
21 . Complaints from rural areas on rise: Women panel head, Indian Express, 22 April 2011
22 . Govt offices not free of sexual harassment, The Tribune, 22 April 2011
23 . Malerkotla rape victim dies, The Tribune, 21 April 2011
24. Blot on Khaki - Abduction of Chinese nationals - 3 RPF constables sent to police custody, The Tribune, 3 May 2011
25 . Punjab sanctions over Rs 19 cr for child protection scheme, The Pioneer, 14 June 2011
26 . Punjab sanctions over Rs 19 cr for child protection scheme, The Pioneer, 14 June 2011
27 . NCPCR books IAS officer for slapping kid, The Times of India, 22 February 2011
28 . Schoolgirl gives birth, accuses teacher of rape in Punjab, The Times of India, 15 March 2011
29 . Cops beat up 12-yr-old boy , The Tribune, 26 April 2011
30 . Cop ‘beats up’ Dalit girl for Rs 10, The Tribune, 26 April 2011
31 . Cases line up before Juvenile Justice Boards, The Pioneer, 28 January 2011
32 . HC takes up petition on undertrials in Amritsar jail, The Tribune, 23 February 2011
33 . Amritsar jail raided, The Tribune, 10 January 2011
34 . Pat for Punjab on public health infrastructure, The Tribune, 27 February 2011
35 . State health mission underutilised funds: CAG, The Pioneer, 12 March 2011
36 . Where children need wheelchairs, not toys, The Hindu, 11 March 2011
37 . Carrier of diseases - Industrial waste cripples Patiala village, The Tribune, 3 June 2011
38 . Hope for dropouts, children who never went to school, Indian Express, 27 April 2011
39 . 31,000 children in Punjab don’t go to school, The Pioneer, 8 April 2011
40 . 3,402 schools in Punjab running without head teachers, The Pioneer, 26 March 2011
41 . No mention of compensation for suicide victims’ kin, The Times of India, 15 March 2011
123
124
endnotes
42 . Uproar in Punjab Assembly over suicides by farmers, The Hindu, 16 March 2011
43 . No mention of compensation for suicide victims’ kin, The Times of India, 15 March 2011
44 . Suicides due to debt - State has no money to count its ‘dead’ farmers, The Tribune, 12 February 2011
45 . Due to lower wages, NREGA finds few takers in Mohali, The Tribune, 12 April 2011
46 . Districts flout NREGA guidelines, The Tribune, 13 June 2011
47. MGNREGA: Streamline procedural aspects, Centre tells Punjab Govt, The Tribune, 20 April 2011
Rajasthan
1. Five arrested for illegal mining, The Hindu, 12 March 2011
2 . Check mining around parks or face music, MoEF tells Rajasthan, The Pioneer, 8 March 2011
3 . Rajasthan gets a new mining policy, The Hindu, 29 January 2011
4 . Man lands up in hospital due to police excesses, Times of India, 21 April 2011
5 . Interns accuse police of torture in Sikar, The Hindu, 18 June 2011
6 . Dara encounter: AG, CBI chief said evidence thin on ex-BJP minister, The Indian Express, 11 June 2011
7 . Dalits demand judicial inquiry into attack by Meos, The Hindu, 2 February 2011
8 . After Husaipur, Chandupura Dalits attacked, The Hindu, 19 February 2011
9 . Dalits demand judicial inquiry into attack by Meos, The Hindu, 2 February 2011
10 . Rajasthan dalit women get no cremation space, The Asian Age, 8 March 2011
11 .‘Dalit women sarpanches a harassed lot’, The Hindu, 1 April 2011
12 . NCW expresses concern over fast growing cases of rape, The Hindu, 16 March 2011
13 . ‘I was slapped, stripped and molested by policemen’, The Times of India, 8 February 2011
14 . City student accuses major of drugging, raping her, The Times of India, 5 February 2011
15 . Woman gangraped in Bharatpur, 3 held, Times of India, 8 April 2011
16 . Quack held for raping women in Chittorgarh, Times of India, 19 April 2011
17 . Woman gangraped, murdered by chairman of civic body, The Indian Express, 20 May 2011
18 . Child protection units in Rajasthan, The Hindu, 29 June 2011
19 . Woman kept as bonded labourer, sister raped, The Times of India, 28 February 2011
20. Jajpur teacher suspended for molesting girl, The Pioneer, 6 April 2011
21 . 14-year-old girl raped in Sriganganagar, Times of India, 11 April 2011
22 . Quack held for raping women in Chittorgarh, Times of India, 19 April 2011
23 . NHRC issues notice to Rajasthan officials over rape by policemen, The Hindu, 27 May 2011
24 . Jaipur tops child marriage cases in Rajasthan: Report, DailyBhaskar, 31 March 2011: also available at
http://daily.bhaskar.com/article/RAJ-JPR-jaipur-tops-child-marriage-cases-in-rajasthan-report-1978692.html?HF=
25 . Gehlot flags off rally against child labour, The Hindu, 13 June 2011
26 . Concern over child labourers migrating from Rajasthan to Gujarat, The Hindu, 9 January 2011
27 . Vagad Bandhu project has helped reduce child labour’, The Hindu, 26 February 2011
28 . End children’s trafficking to Gujarat, demand activists, The Hindu, 19 January 2011
29 . A New Year gift for Rajasthan labourers, The Hindu, 1 January 2011
30 . Triumph and travails of job scheme, The Hindu, 3 February 2011
31 .Triumph and travails of job scheme, The Hindu, 3 February 2011
32 . 200 days’ jobs demanded for Sahariya tribals, The Hindu, 6 March 2011
33 . Rural jobs social audit confirms fraud, The Hindu, 9 January 2011
34 . Dalit activist thrashed in Rajasthan for seeking information under RTI Act, The Hindu, 7 March 2011
35 . Reinspection of NREGA work ordered in Bamanor village, Times of India, 13 April 2011
36 . ‘Sabala Yojana’ launched for out-of-school adolescent girls, The Hindu, 25 January 2011
37 . Two more women die after child birth, The Hindu, 7 March 2011
38 . 3 doctors suspended in Jodhpur maternal death case, The Asian Age, 18 March 2011
39 . Uterus of 226 women removed in Dausa hospitals, Times of India, 16 April 2011
40 . Jodhpur mine workers to protest on CM’s birthday, Times of India, 3 May 2011
41 . Rajasthan to appoint over 70,000 teachers, The Hindu, 4 March 2011
42 . Special drive in Rajasthan to send children to schools, The Hindu, 29 June 2011
43 . A school for their children - a gift from illiterate poor parents, The Deccan Herald, 21 February 2011
44 . More funds sought for meeting RTE goals, The Hindu, 2 March 2011
45 . 125 crore spent on civic amenities in slum colonies, The Hindu, 2 March 2011
46 . 64 families get houses in Ajmer, The Times of India, 1 April 2011
endnotes
47 . In Rajasthan, a village loses all its land to dubious companies, The Times of India, 6 April 2011
48 . Farmers threaten fast unto death, Times of India, 20 April 2011
49 . Villagers under DNP threaten agitation over land rights, Times of India, 29 April 2011
Tamil Nadu
1. Book case against police commissioner, The Hindu, 30 June 2011
2. Bench refuses to quash human rights panel order, The Hindu, 5 February 2011
3. Police officers’ writ appeal dismissed, The Hindu, 4 March 2011
4. Complaint of Asian Center for Human Rights to National Human Rights Commission, 8 June 2011
5. Complaint of Asian Center for Human Rights to National Human Rights Commission, 6 June 2011
7. High Court criticises police, The Hindu, 23 March 2011
8. Sexual harassment: constable files PIL petition, The Hindu, 19April 2011
9. Status report on implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 [for
the period ending 31st March 2011], Ministry of Tribal Affairs, Government of India
10. Tribal people block road, The Hindu, 22 February 2011
11. Three tribal villages to be adopted, The Hindu, 5 January 2011
12. Discrimination in varied forms: study, The Hindu, 22 February 2011
13. Dalits attacked, houses ransacked in Virudhunagar, The Indian Express, 8 February 2011
14. DMK MP held for assaulting Dalit, 7 others, Hindu, 31 March 2011
15. TN dalit boy thrashed for fetching water from public tap, The Times of India, 14 June 2011
16. Dalit beaten to death over petty issue, The Hindu, 22 June 2011
17. Three-decade-old struggle by Dalits to retrieve land continues, The Hindu, 20 January 2011
18. 16 children languish in juvenile home, Times of India, 8 April 2011
19. District Social Welfare Officer told to monitor juvenile homes, The Hindu, 27 February 2011
20. Two child workers rescued from textile units, The Hindu, 18 February 2011
21. Bonded labourers rescued from mill, The Hindu, 27 May 2011
22. Complaint of Asian Centre for Human Rights to NCPCR, 16 March 2011
23. Shortage of teachers in child labour schools, Deccan Chronicle, 28 February 2011
24. Court orders construction of classrooms for middle school, The Hindu, 2 March 2011
25. “Amenities lacking for tsunami-affected people”, The Hindu, 12 March 2011
Tripura
1. Tripura to protect endangered tribes, The Sentinel, 18 March 2011
2. Status report on implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 [f
or the period ending 30 June 2011], Ministry of Tribal Affairs, Government of India
3. Delhi rejects plea to revise forest act, The Telegraph, 29 January 2011
5. Communication received from Asian Indigenous & Tribal Peoples Network, New Delhi
8. No action in Tripura’s woman torture case, The Shillong Times, 20 January 2011
9. NBCC official killed, driver critical - NLFT attack along border, combing ops start, The Tripura Times, 1 February 2011
10. Huge ransom demanded : Bhagirath Para abduction, The Tripura Times, 9 March 2011
11. Kidnap spree resumes, 2 more lifted at gunpoint, Tripura Times, 8 April 2011
12. NLFT releases five, three traceless, The Sentinel, 9 June 2011
13. NLFT kidnaps 5 poor Reang tribesmen,1 Chakma villager for ransom, Tripura Info, 1 July 2011
15. Complaint of Asian Centre for Human Rights to NCPCR, 25 February 2011
16. Healthcare crumbles, department snores off - Doctors homesick, generator, ambulance out of order, The Tripura Times, 12 February 2011
17. Minister admits hundreds of tribal hamlets devoid of drinking water, Tripura India, 27 February 2011, available at:
http://www.tripuraindia.com/
18. Malaria claims 15 lives in remote areas of Dhalai, The Sentinel, 8 June 2011
19. SC asks Jharkhand, Tripura to free schools from security forces, The Times of India, 8 March 2011
20. School in shambles, education crumbles - School drop-out rate to soar high, The Tripura Times, 11 February 2011
21. FIR against teacher for assaulting students, The Sentinel, 12 June 2011
22. Displaced people launch relay hunger strike, The Assam Tribune, 3 February 2011
23. Internally displaced people launch relay hunger strike, The Sentinel, 3 February 2011
125
126
endnotes
24. Tripura criticises Centre for not rehabilitating villagers, The Hindu, 9 April 2011
Uttar Pradesh
1. Noida Extn residential scheme: HC quashes land acquisition in Gr Noida village, The Times of India, 13 May 2011
2. The Allahabad High Court cancels land acquisition in Greater Noida again, The Economic Times, 31 May 2011
3. HC quashes another land acquisition in Greater Noida, The Times of India, 13 May 2011
4. Land acquisition law archiac: SC, The Hindustan Times, 9 March 2011
5. Congress revives Bhatta-Parsaul issue, Sachin Pilot arrested and freed, India Today, 22 May 2011
6. Now, land acquisition row erupts in Allahabad village, The Indian Express, 22 January 2011
7. One killed, several injured as farmers clash with police, The Pioneer, 22 January 2011
8. Human rights violations: UP tops list, Delhi follows, The Times of India, 1 June 2011
12. Complaint of Asian Centre for Human Rights to National Human Rights Commission, 18 April 2011
17. Rights panel’s notice to U.P. government on Dr. Sachan’s death, The Hindu, 25 June 2011
19. Dalit students’ heads shaved for fee delay, The Tribune, 4 February 2011
20. Dalit man killed, body hanged on tree, The Hindu, 12 May 2011
21. 2nd postmortem confirms rape, murder of Dalit girl, The Indian Express, 28 January 2011
22. U.P. Police arrest two for attack on Dalit girl, The Hindu, 8 February 2011
23. Dalit girl raped, minor stabbed in eyes while resisting rape, The Hindu, 20 June 2011
24. Widow gang-raped, set afire in U.P. district, The Hindu, 21 June 2011
25. Compliant of Asian Centre for Human Rights to NCPCR, 21 January 2011
26. Teen found handcuffed for past 5 days in police custody, The Pioneer, 2 February 2011
27. 12-yr-old booked for ‘breach of peace, court frowns, The Indian Express, 26 March 2011
28. Goonda Act against minor revoked, The Indian Express, 19 February 2011
29. HC summons govt officials over children’s plight at orphanage, The Indian Express, 10 June 2011
30. After HC rap, reforms kick off at orphanage, The Indian Express, 9 June 2011
31. 24 kids rotting in Dasna Jail, The Tribune, 20 April 2011
32. Minor raped, murdered in U.P., The Hindu, 12 June 2011
33. Complaint of Asian Centre for Human Rights to National Commisson for Protection of Child Rights, 21 January 2011
34. Explain farmers’ suicides, Allahabad HC tells govt, The Indian Express, 16 June 2011
35. States sit on Bundelkhand funds, The Pioneer, 22 June 2011
36. Bundelkhand: 9,000 projects still incomplete, The Indian Express, 22 February 2011
37. 34 bonded labourers freed in U.P., The Hindu, 1 February 2011
38. Available at: http://www.nhrc.nic.in/disparchive.asp?fno=2227
39. NHRC to probe bonded labour in U.P. brick kiln, The Hindu, 13 April 2011
Uttarakhand
1 . Cong accuses Govt of lapse of Central aid, The Pioneer, 20 May 2011
2 . Cong accuses Govt of lapse of Central aid, The Pioneer, 20 May 2011
3 . Three cops arrested for killing youth in custody, The Times of India, 18 January 2011
4 . 3 cops suspended for beating man to death in police custody, The Pioneer, 23 May 2011
5 . Non-bailable warrants issued against seven Uttarakhand police officers, The Hindu, 23 April 2011
6 . SC quashes bail of 7 cops in fake encounter of MBA graduate, The Deccan Herald, 18 March 2011
7 . Tarai villagers protest, call for implementation of Forest Act, The Pioneer, 3 February 2011
8 . Citizens reject rehab policy on lines of Rajasthan Govt, The Pioneer, 5 January 2011
9 . Tarai villagers protest, call for implementation of Forest Act, The Pioneer, 3 February 2011
10 . Angry villagers force Jairam to cancel Corbett visit, The Times of India, 12 March 2011
11 . 2,592 families living in prone to disaster districts, The Pioneer, 21 January 2011
12 . Over 1,000 families still living in tents, The Pioneer, 10 January 2011
13 . Kangaroo court now bans women from working, The Pioneer, 22 April 2011
endnotes
14 . Five girls lodge complaints against parents under domestic violence Act, The Pioneer, 10 June 2011
15 . 9.063 lakh job card holders benefited under MNREGS, The Pioneer, 12 January 2011
16 . NAREGA irregularities in Ramgarh block continue, The Pioneer, 19 January 2011
17 . Health scheme makes inroads into hills, The Pioneer, 12 February 2011
18 . Govt embarks plan to boost rural health services, The Pioneer, 25 March 2011
19 . MoHFW rap for dept over poor conduct of NRHM, The Pioneer, 21 April 2011
20 . Health facilities far away from masses, The Pioneer, 4 January 2011
21 . Free uniforms for eight lakh EWS students, The Pioneer, 22 March 2011
22 . Over 20 schools issued notice for overcharging parents, The Pioneer, 7 April 2011
23 . State fails to implement 10% SC/ST quota in pvt schools, The Hindu, 7 January 2011
24 . IAY heads must explain why disaster-hit were deprived, The Pioneer, 7 April 2011
West Bengal
1. Chidambaram’s letter to Buddha on armed cadres in West Bengal, The Deccan Herald, 24 December 2010, http://www.deccanherald.com/
content/123451/chidambarams-letter-buddha-armed-cadres.html
2. Central funds diverted to arm CPM camps?, The Hindustan Times, 19 January 2011
3. No armed camps: Govt, The Telegraph, 5 February 2011
4. Massacre in Lalgarh leaves 8 villagers dead, The Times of India, 8 January 2011
5. Netai death toll rises to nine, The Hindu, 17 January 2011
6. Calcutta High Court admits PIL on Lalgarh firing, Centre backs it, The Times of India, 10 January 2011
7. Calcutta High Court orders CBI probe into Netai killings, The Indian Express, 18 February 2011
8. Supreme Court refuses to interfere with order on CBI probe into Netai killings, The Hindu, 18 March 2011
9. Mamata wins big, Jayalalithaa storms back, Congress gets Assam and Kerala, The Hindustan Times (online), 13 May 2011
10. Violence against Left claimed 19 victims: CPI(M), The Hindu, 29 June 2011
11. Complaint of ACHR to the NHRC dated 3 March 2011, ACHR Ref:FC-20/01/37
12. Complaint of ACHR to the NHRC dated 31 January 2011, ACHR Ref:FC-20/02/67
13. Complaint of ACHR to the NHRC dated 1 April 2011, ACHR Ref:FC-17/01/94
14. Complaint of ACHR to the NHRC dated 29 March 2011, ACHR Ref:FC-17/01/62
15. Kidney patient tortured by jawans - Woman on catheter molested during raid, The Telegraph, 9 March 2011
16. Cops ‘molest, beat up’ Trinamul workers, The statesman, 12 April 2011
17. Maoists kill CPM scout near Netai, The Telegraph, 19 January 2011
18. 3 CPM men killed in Maoist strike, The Indian Express, 24 January 2011
19. Maoists attack Bankura villages, one CPM man killed, The Indian Express, 1 February 2011
20. Forward Bloc worker killed by Maoist, The Statesman, 10 February 2011
21. Maoists behind CPI(M) supporter’s murder? The Hindu, 14 February 2011
22. CPI-M worker killed by Maoist in West Bengal, 19 February 2011,
http://ibnlive.in.com/news/cpim-worker-killed-by-maoist-in-west-bengal/143751-3.html
23. ‘Maoists’ at it in Junglemahal, The Statesman, 21 February 2011
24. Suspected Maoists kill PSBJC supporter, The Hindu, 25 March 2011
25. Teacher shot dead by Maoists in West Bengal, The Hindu, 3 April 2011
26. Atrocities against SC/ST on the rise, The Statesman, 12 February 2011
27. ‘Condition of Birhor tribe in West Bengal vulnerable’, Zee News, 24 February 2011, http://www.zeenews.com/news689441.html
28. Children used for smuggling across India-Bangladesh border, The Asian Age, 22 April 2011
29. Eye injury after caning by teacher, The Telegraph, 20 May 2011
30. Sharp rise in ‘out of school’ children, The Statesman, 13 May 2011
31. Mid-day meal rice rotting in godowns, The Statesman, 30 June 2011
32. Poor implementation of mid-day meal scheme, The Statesman, 28 June 2011
33. Sarva Siksha funds lying unused, The Statesman, 30 June 2011
127
inside : A special report on ATTACKS on THE RTI ACTIVISTS
january-june 2011 n issue-3 & 4 n www.achrweb.org
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The quarterly journal of asian centre for human rights

RTI activists: Sitting ducks of India

Transcription

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