Uttar Pradesh
II. Human rights violations by the security forces
a. Violations of the right to life
b. Arbitrary arrest, illegal detention and torture
III. Judiciary and administration of justice
IV. Violations of the rights of the Dalits
VI. Violations of the prisoners’ rights
VII. Violations of the rights of minorities
I. Overview
In 2007, Uttar Pradesh was the worst
violator of human rights in India. Home Minister Shivraj Patil informed the Lok Sabha on 27 November 2007 that a total of 31,096 human
rights violations were reported in India during 2006-2007 and Uttar Pradesh accounted
for 21,899 or nearly 66% of all cases in India. On 1 December 2007, then Chairperson
of National Human Rights Commission (NHRC), Shivaraj Patil stated that the majority of the 82,000 complaints received
by NHRC in 2007 were from Uttar Pradesh, followed by Bihar and Delhi.
Asian Centre for Human Rights recorded
a number of custodial deaths. The NHRC registered seven cases of deaths in
police custody in Uttar Pradesh during the period from 1 April 2006 – 31 March
2007.
Uttar Pradesh had highest number of ‘encounter
killings’. The NHRC registered 201 cases of encounter deaths in Uttar Pradesh
during the period from 1 April 2006 – 31 March 2007. In a number of cases, the courts
intervened and ordered investigation.
The condition of Dalits remained deplorable. Apart from killings, rapes and caste-based discrimination, Dalits in the state were subjected to particularly
unusual barbarity including the cutting off of tongues
and gouging out of eyes. Dalit women continued to be subjected to high levels caste violence.
The National Crimes Record Bureau of
the Ministry of Home Affairs recorded a total of 4,960 cases against the Dalits in Uttar Pradesh during 2006 including 318 were
cases of killing and 229 cases of rape.
II.
Human rights violations by the security forces
The security forces were responsible
for violations of the right to life including custodial death and killing in
disproportionate use of force including the use of firearms. The National Crime
Records Bureau recorded 103 civilian deaths related to police opening fire on
civilians in 2006.
a. Violations
of the right to life
i. Custodial killings
Custodial killings were common in UP. The
NHRC registered seven cases of deaths in police custody in Uttar Pradesh during
the period from 1 April 2006 – 31 March 2007.
The Asian Centre for Human Rights
recorded a number of custodial deaths in 2007.
On 11 July 2007, Rajesh (18), a
resident of Khair in Aligarh district, was allegedly
tortured to death in police custody at Nithauli Kalan Police Station in Etah in
Uttar Pradesh. He was arrested on 10 July 2007 on charges of abduction and
rape. After torturing him on the night of 10 July 2007, the police produced him
before a court in Etah on the morning of 11 July
2007. He was visibly ill during the
proceedings. He collapsed on the verandah of the court and died.
On the night of 21 November 2007, one Mr Sahiram, a resident of Kheda Islampur village, was
arrested on charges of murdering his brother Ramdeen over a land dispute. Sahiram was lodged in Baghpat Kotwali police station. He
died on the night of 22 November 2007. The police claimed that the deceased committed
suicide by hanging himself in the police station, Sahiram’s family alleged that he died due to torture. The police station in- charge,
Vijay Prakash Singh, Sub Inspectors Ram Kishen Rathi and Mateen Ahmad were suspended in connection with the
custodial death.
On 23 December 2007, one Mr Anis was arrested following
a scuffle in Bazari Khera village. On the morning of 25 December 2007, Anis’s mother Hira Devi found her son unconscious inside the
lockup of Malihabad police station when she went to
visit him. He was rushed to a government hospital, which referred him to the
trauma centre, where he was declared dead on arrival. Following protests by
locals, a magisterial inquiry was ordered and Malihabad Station House Officer P Singh was suspended.
ii.
Extrajudicial executions
Uttar Pradesh has highest number of fake
encounters in the country. The NHRC registered 201 cases of encounter deaths in
Uttar Pradesh during the period from 1 April 2006 – 31 March 2007.
While ordering an investigation by the
Central Bureau of Investigation (CBI) into the alleged fake encounter killing
of one Suraj Singh in Sultanpur in Uttar Pradesh, the National Human Rights Commission stated on 26 July 2007
that “the job of the police is to
apprehend criminals and bring them to book. If the police transgresses its
limits and takes the law in its own hands, the security of the citizen is
seriously jeopardized. Merely because a person is perceived to be a dreaded
criminal and threat to society, the Police can have no justification to deprive
him of his life otherwise than in accordance with the procedure established by
law”.
On 12 February 2007, Suraj Singh was picked up by a team of Special Operation
Group (SOG) of the Uttar Pradesh police at Sultanpur.
The victim was killed in custody on the same day. At around 5 pm of 12 February
2007, the victim’s brother Chandan Singh sent a fax
massage to NHRC about the encounter killing. But it was only on 14 February
2007 that the NHRC received two separate messages - one from Senior Superintendent
of Police, Lucknow and the other from Special Task
Force of UP Police. Both the communications stated that Suraj Singh had been killed in an encounter with the police at Lucknow- Rai Bareilly Road on 13 February 2007 at 7: 35 am.
Both the messages also said that Suraj Singh was
involved in a train robbery in which two constables were killed. The NHRC
became suspicious as it had received the message from the deceased's brother
before the alleged time of encounter (13 February 2007 at 7.35 am, as claimed
by the police). Under NHRC’s directions a team of officials of the
Investigation Division headed by DIG (NHRC) conducted an investigation at Lucknow, Sultanpur and Faizabad from 26 Feb to 2 Mar 2007. NHRC sent its
own team for an on the spot inquiry. The investigation team of the Commission
in its report said that Suraj Singh was killed in a
stage-managed encounter. This led the NHRC to order the state government of
Uttar Pradesh to order an investigation into the case by the Central Bureau of
Investigation (CBI) on 26 July 2007.
On 15 August 2007 a news channel aired
live footage of a man identified as Pintu Mishra being shot dead by the police in a crowded street in
Allahabad on 18th September 2006. The police described the victim as
a petty criminal. The footage showed Mishra was
willing to surrender and raised his hands but the police shot him.
Uttar Pradesh Chief Minister Mayawati has ordered an investigation into the incident. The
original report of the Senior Superintendent of Police, Allahabad submitted to
the NHRC on 21 September 2006 claimed that the deceased hade tried to run away
after throwing a bomb killing the Head Constable, Ashok Pandey on 18th September 2006. He was chased and surrounded by the police Mishra again threw a bomb causing injuries to a
Sub-Inspector and a Constable. He was then by the police “in self defence”.
The NHRC on 18th October
2006, 19th Jan 2007 and 16th April 2007 asked the state government to submit a report in connection with the
killing including the magisterial inquiry, postmortem and inquest reports. The
state authorities failed to comply with the orders of the NHRC. On 29 August
2007, the NHRC summoned the Deputy Magistrate of Allahabad with magisterial
enquiry report and the Senior Superintendent of Police of Allahabad with
post-mortem and inquest reports to appear in person before the Commission on 24
October 2007.
On 12 September 2007, a court in Etawah sentenced 15
police personnel to life imprisonment for killing physically challenged Raj Narain in a fake encounter at Dadra village under Chakarnagar police station in Etawah district.
On 9 September 2007, three Gujjar youths
identified as Praveen, Anit and Yadvendra of Nangli village of Saharanpur district were allegedly killed by police led by SHO of Kharkhauda police station in an
alleged fake encounter. The authorities did not inform the NHRC
about the killing of these youths as required under the guidelines of the NHRC.
On 17 September 2007, the NHRC took suo-motu cognizance of the incident and sought a report from the state government of
Uttar Pradesh.
In April 2007, a local court in Meerut
ordered that a case of abduction and murder be filed against 19 police
personnel in connection with two fake encounters – one in Loni and another in Meerut in which two innocent persons were killed.
On the night of 12 March 2007, a labourer identified as Bachcha Singh was killed in police firing in a case of mistaken identity after he was
taken to be a criminal in the Miranpur area of Musaffarnagar.
b. Arbitrary arrest, illegal detention and
torture
The security forces were responsible
for torture, inhuman or degrading treatment or
punishment.
According to the information obtained
from the National Human Rights Commission, the NHRC received a total of three
cases custodial violence, 603 cases of illegal arrest, 995 cases of unlawful
detention, 44 cases of disappearance, 2389 cases of false implication and 862
cases of “other police excesses” in Uttar Pradesh during the year 2006-2007.
The Asian Centre for Human Rights
documented several cases of torture, inhuman and degrading treatment or punishment in Uttar Pradesh during 2007. On the night of 16 August 2007,
Ashok, a 25-year-old physically challenged painter, was allegedly beaten up by
a drunk constable when he had gone to lodge a
complaint at the Nasirpur police post of the Sihani Gate police station in Ghaziabad district. Doctors
had to amputate half of two fingers of his right hand allegedly crushed by a
rifle butt wound.
On 15 August 2007, a 17-year-old Dalit girl (name
withheld), resident of Jagadishpur village, was
arrested after she was found wandering near the Gaur Police Station in Basti district of Uttar Pradesh. The police detained her overnight
at the police station. The victim was allegedly tortured. She was released from
the Gaur Police Station on 16 August 2007 without charge. She died a few hours after
her release.
Similarly, on the night of 4 September 2007, an eight-year-old girl, (name
withheld), was seriously injured and lost her voice after a Sub-Inspector
searching for a criminal in a house beat her up in Mau district.
III. Judiciary
and administration of justice
The
Judiciary was hampered by a shortage of judges and judicial delay. As of 1st January 2008, there were 89 vacancies of judges in the Allahabad High Court,
while there were 513 vacancies of judges in the state’s District and
Subordinate Courts as on 30 September 2007. A total of 808226 cases were
pending with the Allahabad High Court and 4817554 cases were pending with the
District and Subordinate Courts as of 30th September 2007.
Due to inordinate judicial delay and
gross negligence by the administration, several prisoners were detained in
jails for years. On 13 February 2007, the Supreme Court directed the registrar
generals of all High Courts to submit reports within six weeks giving details
of all the undertrials whose cases had not been
posted for hearing for years and also of those who had been sent to a mental
asylum.
The apex court took suo motu cognisance of a news report that one Ramjeevan Yadav has been in a
jail in Uttar Pradesh for 38 long years without trial.
IV.
Violations of the rights of the Dalits
The
treatment Dalits remained deplorable. Dalits women continued to be highly prone to violence
perpetrated by upper caste people. Apart from killings, rapes and caste-based
discrimination, Dalits were meted out barbaric
treatment such as the chopping off of tongues and eyes
gouged out.
The National Crimes Record Bureau of
the Ministry of Home Affairs recorded a total of 4,960 cases against the Dalits in Uttar Pradesh during 2006. Of these, 318 were
cases of killing, 229 rape cases, 113 kidnapping and abduction cases, among
others.
In 2007, ACHR recorded a number of
violations against the Dalits.
On 1 August 2007, Dalit student Chakrasen Gautam (22), resident of Bhadevra village in Pratapgarh district, was killed by upper caste men because
he was admitted to an engineering college. The deceased was reportedly tied up,
stabbed with a screwdriver and beaten with sticks.
On 13 September 2007, two
Dalit children
identified as Neeraj (9) and Akshay (7) were killed. Their eyes were gouged out and their tongues chopped off at Bajrahapurva village under Chaubeypur police station near Kanpur.
On 21 September 2007, a Dalit woman, whose son was accused of eloping with a girl
of another caste, was burnt to death while her family members were held hostage
in. Krishnanagar area under Sirsaganj police station near
Agra.
On 12
November 2007, a Dalit youth identified as Guddu Jatav, a rickshaw puller, was beaten and buried alive by three upper
caste men in Kanpur in Uttar Pradesh over a trivial dispute.
Violence against Dalit women:
Dalit women continued to be victims of killing and sexual violence. Between January
and July 2007, 3,782 cases of crimes committed against Dalits were recorded in the state. Of these, 158 were cases of rape of Dalit women.
In 2007, ACHR
recorded a number of crimes against the Dalits.
On 14 July
2007, two Dalit girls were reportedly gang raped by
four persons identified as Zahir, Nizammudin, Ikrammudin and Faimmudin at Upeda village under Babugarh police area in Ghaziabad district.
On 20 December
2007, a 55-year-old Dalit died while trying to save
his two daughters-in-law from being raped by upper caste men in Unnao district. Similarly, on 27 December 2007, a Dalit youth was killed while trying to save his wife from being
raped by two upper caste youths at Purwa in Unnao district.
Often the
police connive with the upper castes in committing the crimes. In March 2007,
15-year-old Dalit girl of Nirpura village in Bagpet under Dogat police station was gang raped and killed by some persons who had reportedly
came along with some police in a police jeep. The police including a
Sub-Inspector allegedly watched the incident mutely.
In December 2007, Dalit woman Phool Kumari Rawat lost her job as a cook for mid-day meal scheme after
students at the Bibipur Primary and Junior High
School near Lucknow boycotted the mid-day meals
cooked by her.
V.
Violence against women
Between January and July 2007, 11,453
cases of crimes against women were reported in Uttar Pradesh. The National
Crime Records Bureau of the Ministry of Home Affairs recorded 16,375 cases of
violence against women during 2006. These included 1314 rape cases, 2551
kidnapping and abduction cases, 1798 dowry death cases, among others.
The police were responsible for
committing rapes. On 4 February 2007, Constable Jaswant Singh was arrested for allegedly raping a 21-year-old woman in Gorakhpur
district. On 29 January 2007, the accused constable entered the house of the
victim after hearing cries for help but raped the girl finding her alone.
In March 2007, a woman was allegedly
gang raped by seven police personnel including the Station House Officer of Sheshamau and Inspector Yadunath Singh after forcefully entering her house in Kanpur. The police refused to
register her complaint. On 13 July 2007, a local court in Kanpur ordered the
police to register a case against the accused policemen.
Poor migrant women were also targeted
for sexual violence. On the night of 21 February 2007, 17 tribal women
including minors from Jharkhand were allegedly gang raped by about 25 youths at
a brick kiln at Sirohideeh village in Ballia district.
VI. Violations of the prisoners’ rights
The NHRC registered 241 cases of
deaths in judicial custody in Uttar Pradesh during the period from 1 April 2006
– 31 March 2007.
The conditions of prisons remained
deplorable due to overcrowding. According to the findings of an inquiry
conducted by the police and administration, 3,112 prisoners were lodged against
a sanctioned capacity of 670 in the Dasna jail in
Ghaziabad district as of mid-April 2007. The report also revealed that there were no watchtower, no metal detectors, no public address
system, no wireless sets, no generator, no helmets or tear gas or a jail
superintendent. Even the walls were below the official norms and standards.
The biggest jail in Uttar Pradesh, Naini Central Jail was overcrowded. There were 3,926
prisoners living in this jail against the actual capacity of only 2,060
prisoners as of 14 July 2007. There were around 1,729 general convicts with
1,695 males, 13 women and 21 minors. There were 2166 undertrials including 46 women and 111 adolescents. Four
persons are in Jail under National Security Act. The Jail had a hospital with
four doctors. But the post of one doctor was lying vacant.
On 21 September 2007, the National
Human Rights Commission sent notice to the Director General of Police (Prisons)
of Uttar Pradesh on conditions of the female prisoners in Mirzapur jail. The Commission took suo-motu cognizance of a report published in the Hindi daily
"Jansatta" on 17th September 2007.
The daily carried the statement of a human rights activist, Roma, who was
detained at Mirzapur jail. Ms Roma following her
release alleged that the jail lacked medical facilities and women prisoners
gave birth to children without medical assistance. There were 29 women
prisoners including some minor girls. At least six women prisoners were living
along with their babies in the jail. The minors were detained as there was no
one to pursue their case.
Clashes between prisoners and jail officials
were reported on regular intervals. On 25 June 2007, five persons – two jail
wardens and three prisoners were killed in a clash inside Sultanpur district jail.
Unlawful items such as mobile phones, luxury
items could be easily smuggled inside the jails. The high-profile inmates enjoy
various privileges in violation of the jail manual.
VII.
Violations of the rights of minorities
Religious minorities such as the
Muslims and the Christians were targeted in Uttar Pradesh. Christian religious
leaders were specifically targeted.
On 16 September 2007, Pastor Virendra Singh and his wife were beaten up by some persons
including VHP activists at Barauli village under Madiaon police station near Lucknow.
The couple was accused of forced conversions in the area.
On 17 August 2007, Dr Raju Abraham, chief surgeon of Kachhwa Mission Hospital and Pastor Joy were beaten up by activists allegedly belonging
to Rashtriya Swayamsevak Sangh and Bajrang Dal during a programme organised for Dalit children at Kachhwa in Mirzapur district.
Earlier, Hindu extremist had threatened the organisers with dire consequences if they went ahead with programme.
On 25 March 2007, Pastor Rajender Chauhan was conducting a prayer meeting at Jaunpur which was attended by more than 13,000 persons.
Suddenly two police jeeps and a van arrived at the scene and the police dragged
Pastor Rajender Chauhan to
the police vehicle without explanation. The crowd prevented the police from
taking the Pastor away. The police claimed that they wanted to discuss a few
things with the pastor regarding the upcoming elections in the state. The crowd
allowed the police to detain the Pastor. However the Pastor was detained beaten up all night. He was accused of
conversion. The next day, he was produced before the Chief Judicial Magistsrate and was remanded for 14 days. At the court
premises, activists of Viswa Hindu Parishad allegedly dragged and kicked the pastor in public.
1.
31,000
complaints of police atrocities in India, Rediff News, 27 November 2007
2.
available at http://www.rediff.com/news/2007/nov/27human.htm
3.
Most human
rights violations reported from Uttar Pradesh, Bihar, Delhi, The Hindu, 2
December 2007
4.
Information
obtained by ACHR from NHRC through filing RTI application
5.
Information
obtained by ACHR from NHRC through filing RTI application
6.
Information
obtained by ACHR from NHRC through filing RTI application
7.
Alleged torture
: Youth dies at court, The Indian Express, 12 July 2007
8.
See http://news.oneindia.in/2007/11/23/3-cops-suspended-over-custodial-death-1195808859.html
9.
SHO suspended
after detainee dies in custody, Indian Express, 27 December 2007 (online) http://www.indianexpress.com/story/254635.html
10.
Information
obtained by ACHR from NHRC through filing RTI application
11.
NHRC says police should not take
law in its own hands; calls for a CBI inquiry by UP, Government into a fake
encounter case, Press Release of NHRC on 26 July 2007
12.
NHRC says police should not take
law in its own hands; calls for a CBI inquiry by UP, Government into a fake
encounter case, Press Release of NHRC on 26 July 2007
13.
India probe
into 'fake' killing, The BBC News, 16 August 2007, available at: http://news.bbc.co.uk/1/hi/world/south_asia/6949194.stm
14.
“NHRC summons DM and SSP Allahabad on the incident
related to the killing of Pinto Misra”, press release
of NHRC on 29 August 2007
15.
Disabled son
shot in ‘encounter’, father took cops to court: 15 yrs later, life in jail for
15, The Indian Express, 17 September 2007
16.
Gujjar anger puts
heat on police after Meerut encounter, The Hindustan Times, 12 September 2007
17.
“NHRC calls for explanation from UP authorities on
non-compliance of Commissions' guidelines in a case related to police
encounter: sends notice to UP authorities on two other incidents of human
rights violation”, The press release of NHRC on 17 September 2007
18.
Probe indicts
19 cops for fake encounters, The Tribune, 23 April 2007
19.
Labourer killed in
police firing, The Indian Express, 14 March 2007
20.
Information
received from the National Human Rights Commission of India through filing of
RTI application
21.
Painter
thrashed by cop, loses fingers, The Times of India, 21 august 2007
22.
Dalit girl detained
by police, dies after stay at Thana, The Indian Express, 19 August 2007
23.
Minor beaten up
by police,
The Deccan Chronicle, 7 September 2007
24.
Supreme Court
of India, “Court News, October – December 2007”
25.
Undertrial Cases: SC
directs HCs to submit reports, The Kashmir Times, 14 February 2007
26.
Black flags on
I-day after Dalit son who made a UP village proud is
murdered, The Indian Express, 15 August 2007
27.
2 Dalit kids killed, eyes gouged out, The Times of India, 15
September 2007
28.
Dalit woman burnt to
death in Firozabad, The Hindu, 23 September 2007
29.
Dalit youth buried alive, The Deccan Herald, 14 November 2007
30.
Woman as
victim, Frontline, Volume 24 – Issue 25, 22 December 2007-4 January 2008
31.
Two Dalit girls gangraped in Ghaziabad, The Hindustan Times, 16 July 2007
32.
Uttar Pradesh:
Five Dalits killed, NDTV, 13 January 2008, available
at: http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20080043895
33.
Minor Dalit girl ‘gangraped’,
killed, The Tribune, 13 March 2007
34.
Boycotted by
students, Dalit cook to lose job, The Indian Express,
17 December 2007
35.
Woman as
victim, Frontline, Volume 24 – Issue 25, 22 December 2007-4 January 2008
36.
Cop in net for
rape in curfew, The Telegraph, 5 February 2007
37.
Rape case
registered against seven cops, The Hindu, 14 July 2007
38.
Probe ordered
into brick-kiln rapes, The Indian Express, 26 February 2007
39.
Information
obtained by ACHR from NHRC through filing RTI application
40.
No watchtower,
wireless sets at Ghaziabad jail, says report, Available at: http://cities.expressindia.com/fullstory.php?newsid=232464
41.
Naini Central Jail
is overcrowded, The Hindustan Times, 14 July 2007 available at http://hindustandainik.in/news/5922_2009924,0015002500010000.htm
42.
“NHRC sends notice to DGP(Prisons), UP, on inhuman
conditions in Mirzapur jail: asks for factual report
from DGP, Bihar, on dumping of bodies of lynched men by cops” ,
National Human Rights Commission’s press release dated 21 September 2007
43.
Jail clash:
Probe hints at collusion of four policemen with prisoners, The Indian Express,
27 June 2007
44.
Jails will no
longer comfort in UP, The Tribune, 9 July 2007
45.
UP pastor, wife
face attack by VHP men, The Asian Age, 18 September 2007
46.
All India
Christian Council, see “Christian doctor attached by RSS in Uttar Pradesh”
available at http://indianchristians.in/news/content/view/1550/45/
47.
All India
Christian Council, see “Hindu fanatics and police
brutally attack pastor in Uttar Pradesh” available at
http://indianchristians.in/news/content/view/989/45/