West Bengal
II. Human rights violations by the security forces
a. Violations of the right to life
b. Arbitrary arrest, illegal detention and torture
III. Violations of International Humanitarian Law by the AOGs
a. Killing of political activists
b. Destruction of public properties
IV. Violations of the rights of indigenous peoples
VI. Violations of the rights of the child
VII. Violations of the prisoners’ rights
VIII. Human Rights Violations at Nandigram
I. Overview
Ruled by the Communist Party of India
(Marxist), West Bengal suffered the most serious human rights violations in
India.
The security forces were responsible for gross human
rights violations. The National Crime Record Bureau (NCRB) recorded eight
deaths in police custody in West Bengal during 2006. The
National Human Rights Commission (NHRC) received seven cases of deaths in
police custody and 69 cases of deaths in judicial custody and one encounter
death in West Bengal during the period of 1 April 2006 to 31 March 2007. The Asian
Centre for Human Rights recorded several cases of custodial death in 2007. The
Border Security Force personnel and Police were responsible for a number of
extrajudicial killings.
The
killing of 14 protesters demonstrating for land rights on 14 March 2007 by members of the
ruling party and the shocking justification of the West Bengal Chief
Minister Buddhadeb Bhattacharjee who said that the poor people attacked and killed by Party cadres had been
‘paid back in the same coin’ underline the attitude of West Bengal towards the
rights of its citizens.
The Judiciary
continued to be hampered by delay. There were 17 vacancies out of 58 judges in
the Calcutta High Court as of 1 January 2008. The District and Subordinate
Courts had 150 vacancies as of 30 September 2007. There were a total of 2,79,318 cases pending with the Calcutta High Court and a
total of 21,84,058 cases were pending with the District and Subordinate Courts as
of 30 September 2007.
The
State Human Rights Commission remained crippled. However, the state government
of West Bengal failed to establish human rights courts outside the state
capital Kolkata. The State Human Rights Commission had also submitted its
annual reports between 2002-2006 but the State
government had failed to place the same before the State Assembly.
Human rights
defenders continued to be targeted. On 8 February 2007, Mr. Gopen Chandra Sharma, District Human Rights Officer of People’s Watch’s “National
Project on Prevention of Torture in India” (NPPT) in the Murshidabad district of West Bengal and member of Manabadhikar Suraksha Mancha (MASUM) was arrested by police
officers while visiting the Kaharpara Border Out Post
of the Border Security Force (BSF) camp in order to collect information on
three human rights violations that were committed by the BSF. On 20 March 2007,
Mr. Sharma was released on bail. However, he remains in jail under what appear
to be trumped up charges of Sections 420 (“cheating and dishonestly inducing
delivery of property”), 468 (“forgery for purpose of cheating”) and 471 (“using
as genuine a forged document”) of the Indian Penal Code filed against him at
the Jalangi police station by Mr. Shanti Ranjan Mondal who alleged
that Mr. Gopen Sharma cheated him of Rupees 6,000.
II. Human
rights violations by the security forces
According to the National Crime
Records Bureau of the Ministry of Home Affairs, a total of only 28 complaints
were received against the police personnel in West Bengal during 2006. Of
these, a departmental inquiry was ordered into 19 cases and judicial inquiry
was ordered into 9 cases. 10 police personnel were sent to trial during the
year. Of the 2 police personnel whose trials were completed, both were acquitted.
The NCRB does not report human rights
violations committed by the army and the paramilitary forces. The Border
Security Forces (BSF) personnel were accused of perpetrating serious human
rights violations.
a. Violations of the right to life
i. Custodial killings
The
security forces were responsible for custodial deaths.
The NCRB had recorded
eight deaths in police custody in West Bengal during 2006. The police claimed
that out of the eight who died in police custody, four died during treatment /hospitalization. According
to the information obtained by the Asian Centre for Human Rights under the Right
to Information (RTI) Act, the NHRC received seven cases of deaths in police
custody and 69 cases of deaths in judicial custody and one encounter death in
West Bengal during the period of 1 April 2006 to 31 March 2007.
Asian
Centre for Human Rights recorded several cases of custodial death in 2007.
On 9 February 2007, Krishnapada Das, son of Vanu Das
of Purba Dwarikapur village
under Pathor Pratima police
station in South 24 Parganas district was arrested by
some officers of Pathor Pratima Police Station for allegedly torturing his wife. He was allegedly found hanging
from the rod of the window of the lock up with a knotted napkin on his neck at
midnight on 10 February 2007. Several eyewitnesses from the village stated that
they saw several injuries on the deceased. The police did not find any injury
during their investigation. After examination of the dead body of Krishnapada Das, Kaliprasad Mukhopadhyay, Block Medical Officer (Health) of Pathorpratima Block Health Center also stated that he found
no injury except marks on the throat.
On
29 March 2007, Hayat Seikh,
son of Saidul Seikh of
village Beldanga Par House, died at a hospital after
he was subjected to torture by police including Office-in-Charge Sandip Sen and Sub-Inspector Durgaprasad Mazumdar at the Beldanga police station in Murshidabad district. The deceased was arrested from his house for interrogation in a
murder case on 17 March 2007. The deceased was illegally detained in the police
lock up from 17 March 2007 to 23 March 2007. He was not produced before any
court during this period. He was subjected to torture during his illegal
detention. However, the post-mortem report of the deceased suggested that that
he had died of jaundice.
On 16 May 2007, Ektar Seikh (42), son of Late Harun Rasid Seikh of Dadpur under Doulatabad police
station in Murshidabad district of West Bengal, was
arrested by the police of Doulatabad Police Station.
He was detained in connection with abduction. On 17 May 2007 he was remanded to
police custody for five days by Chief Judicial Magistrate of Baharampur. In police custody, he was allegedly tortured by
Sub Inspector Dulal Sarkar,
Sub Inspector Abdur Rahaman,
Assistant sub Inspector Nitish Mondal and Assistant Sub Inspector Asraf Ali. His health
deteriorated and as a result he was produced before court before the expiry of
the remand period. The Judge ordered an explanation from the Investigating
officer, Mr. Abdur Rahaman and to submit report immediately. Ektar was sent to Berhampore Central Jail where he was denied proper medical
treatment. On 11 July 2007, Ektar died in Berhampore Hospital.
On 20 September 2007, Ajoy Bagdi, s/o Pankhi Bagdi, a resident of Bichhur village under Barua police station in Murshidabad district of West Bengal
was arrested by the police. He was detained in Nowda Police Station. He was charged under the Arms Act and produced before Court of
Chief Judicial Magistrate, Kandi on 21 September
2007. He was sent to police remand for seven days. In police custody he was
allegedly tortured. Later, he was sent to Berhampore Central Correctional Home. On 22 November 2007, Ajoy Bagdi allegedly hanged himself from a tree inside the jail.
On 14 November 2007, Goutam Ravidas was allegedly tortured
to death in the custody of the police at Gajole Police Station in Malda district. He was arrested on
12 November 2007 on charges of torturing his wife for a dowry. He was illegally
detained for two days without being produced in court and allegedly tortured.
ii.
Extrajudicial killings
The security forces were responsible
for extrajudicial killings.
On 26 February 2007,
school teacher and Congress worker, Tuhin Samata was shot dead allegedly by Officer-in-charge Debojyoti Saha of Katwan during a clash between the Congress (l) and the CPM
over the election of the governing body of the Chanduli higher secondary school at Katwa in Bardhaman district.
The Border Security Forces (BSF)
operating along the India-Bangladesh international border in West Bengal
continued to perpetrate serious human rights violations.
On 4 March 2007, 19-year-old Masud Rana Sarkar succumbed to his injuries in a hospital after being severly beaten up by allegedly by personnel of the Border
Security Forces (BSF) at Daudpur village in South Dinajpur district. The victim’s parents and sister were
also severely beaten up.
On the night of 4 April
2007, Monika Soren, wife of Kushal Hembram, was shot dead by BSF personnel at Kokradaho under Goalpokhar police
station on the Indo-Bangla border after she allegedly
refused to stop at the border. However, villager claimed that the BSF opened fire
without reason.
On 7 April 2007, a 19-year-old youth was shot dead by a BSF jawan while he was allegedly trying to smuggle cattle
across the Bangladesh border near Kaharpara border at Banipur in Murshidabad district.
On the night of 9 June 2007, Mizanur Rahman (17) was shod dead
by BSF jawans while he was returning from a marriage
party at Gopalnagar under Tapan police station.
On 18 December 2007, a porter
identified as Bikash Ghosh was shot dead allegedly by a drunk BSF jawan at the Mahadipur international check-post in Malda district.
There were also reports of killing of
civilians shot by police. The NCRB recorded the killing of four civilians by
the police during 2006.
In
October 2007, at least three persons identified as Ayub Sheikh, Dhenupada Das and Subhash Patwari were killed by the police when the opened
fire and firing and baton charged a group of protestors who were protesting
against corrupt ration dealers in Birbhum, Burdwan and Cooch Behar district.
On 14 March 2007, 14
persons were killed in when police opened fire at Nandigram in Purbo Medinipur district
as explained below in the report.
b. Arbitrary arrest, illegal detention and torture
The NHRC received eight cases of
unlawful detention, 79 cases of other police excesses and in 95 cases the
police failed to take action in West Bengal during the period of 1 April 2006
to 31 March 2007.
People were subjected to torture
after arrest. On 15 May 2007, Jinnat Ali Molla (34), son of Habi Molla of village Kumarpur under Jalangi Police Station in Murshidabad district, was tortured by Sub Inspector (SI) Rajat Das at Raninagar Police Station in Murshidabad district after he was arrested by the SI from a
bus. The police allegedly recovered a country made pistol from the bus.
On 2 August 2007, Giasuddin Mondal (28) was arrested and tortured in police custody at Deganga Police Station in North 24 Parganas district. The victim was detained illegally for two days. The police claimed
that he was arrested on 4 August 2007 in connection with dacoity and two other cases and produced to Barasat court on
4 August 2007. He alleged severe torture including by Julfikar Ali Mollaha, the officer in charge of the police
station who sprayed acid on his rectum during interrogation.
On 29 August 2007, Kartick Das (22), a Scheduled Caste, son of Gour Das and
resident of village Bakpara Doulatabad in South 24 Paraganas, was tortured by police at the Bishnupur police station after he was taken to the police
station by three police personnel on a complaint by one Tapan Mondal. Before taking him to the police station, the
policemen beat him up with batons. When the victim’s mother try to protect him,
the policemen also beat her up.
On 10 September 2007, Chandan, a tailor and son of Ashwini Roy was picked up from their home by the personnel of Eastern Frontier Rifles
at Banchukamari in Alipurduar under Jalpaiguri district. Chandan was allegedly beaten up, stripped and then forced to
walk out of the army camp naked.
On 21 October 2007, a butcher
identified as Baren Roy was beaten up with a stick
allegedly by Assitant Sub-Inspector Pankaj Biswas at a police camp at Jateshwar at Falakata in Jalpaiguri district.
On 5 December 2007, Kamal Sarkar, a tea stall owner,
was detained and tortured at Kushumandi police
station in South Dinajpur district. Following his
release he had to be admitted to Kushumandi Hospital
for treatment of multiple injuries.
On
28 January 2007, 50-year-old Chanubala Mondal, wife of Ajit Mondal of village Basnabad under Raninagar police station in Murshidabad district in West Bengal, was seriously injured after being beaten up with sticks by a officer of the
Border Security Force (BSF) at 3 Number O.P. Point Camp of BSF Post in Murshidabad district. The victim was returning from her
cropland when the officer stopped her for questioning. The victim complained to Raninagar police station but the police failed to
take further action.
Court
orders were flouted by the police. Between 14 and 15 February 2007, Ajay Kumar Yadav (30), son of Ramrekha Yadav of Debi Mandir Lane under Liluah police station in Howrah district, was allegedly
tortured by the Inspector-in-Charge (SI) Asit Saw and
Investigation Officer (IO) Sourabh Banerjee at the Bally police
station in Howrah after a court remanded him into police custody. The court expressly
warned the police not to subject Yadav to any kind of
physical and mental torture. The medical report of the victim was consistent
with the allegations made by Yadav.
Many innocent civilians were subjected
to torture by the Border Security Forces.
On the night of 15 December 2007,
eighteen persons including women were injured after they were beaten up by BSF
personnel on the suspicion of stealing border fencing wire during a raid at Amudia village in Swarupnagar in
North 24 Parganas district.
On 26 December 2007, three persons including a woman were injured,
one seriously, after being allegedly beaten with rifle butts by a BSF jawan at the Veluguchh Border
Outpost under Islampur police station in North Dinajpur district after an altercation.
III.
Violations of International Humanitarian Law by the AOGs
The Naxalites were responsible for
violations of international humanitarian laws. The Naxalites continued to target activists of the
ruling Communist Party of India - Marxist (CPI-M). On 13 August 2007, Jharkhand, Orissa and West Bengal formed a Joint Co-ordination Committee (JCC) to curb the Naxalites in the border areas. The mechanisms of the JCC
included launching joint operations against the Naxalites and information sharing.
a. Killing of political activists
On 6 December 2007, suspected Maoists
shot dead Gopal Singh, former CPM activist, at Shyamnagar under Belpahari police
station in West Midnapore district on suspicion of
being a police informer.
Some other cases documented by Asian
Centre for Human Rights included:
-
CPI
(M) leader Palaram Tudu who
was killed at Jamjhulka village under Belpahari police station in West Midnapur district on 9 January 2007;
-
two CPI (M)
leaders identified as Parikshit Singh and Rampada Singh who were killed at Bhelpahari in West Midnapore district on 30 March 2007;
-
CPM activist Rohit Roy who
was killed at Lalgarh in West Midnapore district On 10 July 2007;
-
CPI
(M) leader Bhagirath Karmakar at barabazar in Purulia district on 1 November 2007; and
-
Sufal Mandi, CPM activist, who was killed at Ghatbera village in Purulia district on the night of 19 November 2007.
Apart from killing, the Naxalites also abducted CPI (M) activists. On 30 March 2007, suspected Maoists abducted four CPI (M) leaders identified Mr Khitish Singh, Mr Abani Sardar, Mr Sankar Nayak and an unidentified leader from Bhelpahari in West Midnapore district.
b. Destruction of public properties
The Naxalites continued to attack public property.
On
27 June 2007, Maoists blew up railway tracks and burned down the station
master’s office at Biramdih station in Purulia district.
On 19 November
2007, Maoists blew up the railway tracks in Sainthia-Andal in Bhimghar district.
IV.
Violations of the rights of indigenous peoples
According to the 2001 Census, the
total population of the Scheduled Tribes (STs) was 4,406,794 persons
constituting 5.5 per cent of the total population of West Bengal. There were a
total thirty eight (38) notified STs in the State. However, the Sara Bharat Adivasis Mahapatra, a CPI- affiliated organization, alleged that
they were being neglected by the State government. They were denied caste
certificates which deprive them of government jobs. Only two-thirds of the
population was reportedly given caste certificates.
The NCRB recorded a total of seven
incidences of crimes against Scheduled Tribes (STs) including one rape and one
case under the SC/ST (Prevention of Atrocities) Act of 1989 in West Bengal
during 2006. The police do not register cases under the Prevention of
Atrocities Act as a means to demonstrate that there are no atrocities against
the tribals.
Tribal women remained vulnerable to
sexual violence. On 24 January 2007, two tribal girls were reportedly gang
raped by a group of five persons after holding the victims family at gunpoint
at Saoradanga village under Nabagram police station in Murshidabad district.
V. Violence against women
According to the NCRB a total of
12,785 cases of crimes against women were reported in West Bengal during 2006.
These included 1,731 cases of rape, 445 cases of dowry deaths, 1,199 cases of
kidnapping and abduction, 7,414 cases of cruelty by husband and relatives,
1,837 cases of molestation, 66 cases under Immoral Trafficking (Prevention) Act
of 1956, among others.
The
security forces were responsible for violence against women including rape, torture and illegal detention.
On
5 March 2007, Mrs. Kabita Mondal,
Mrs. Bithika Mondal, Mr. Abinash Mondal, Asima Mondal and Srikanta Mondal of Murshidabad district were beaten up by four personnel of
BSF including the Company Commandant Jirendar Singh
of Char Raja Nagar Camp of the district. Mrs. Kabita Mondal, who was eight months pregnant, fell unconscious. The
personnel reportedly entered into the house and asked those present to catch a
cow for them. When the women declined they were beaten.
On 8 July 2007 at around 10.30 p.m, seven alleged sex workers identified as Mrs. Sima Adhikary, w/o Pradip Adhikary, Mrs. Sandhya Sarkar, w/o Kanchan Pal, Mrs. Rupa Singh, w/o Dipak Singh, Mrs. Sathi Mondal, w/o Mukhtar Mondal, Mrs. Lakshmi Jar, w/o Govinda Jar, Mrs. Swapna Biswas, w/o Manik Biswas and Mrs. Sikha Dey, w/o Lalu Dey were arrested by the police near Bahadurpur railway
crossing under Dhubulia Police Station in Nadia
district. The victims alleged that they were denied food while detained at the
police station. On 9 July 2007, Mr. Biman Mridha, the Officer in Charge of Dhubulia Police Station, and a lady constable identified as Smt. Sabita allegedly beat them. They were illegally detained for two days and produced
before the Krishnanagar Chief Judicial Magistrate
Court on 10 July 2007. They were released on bail. A fact finding by local NGO, Manab Adhikar Suraksha Manch MASU confirmed
that its fact finding team witnessed the injuries of one of the victims, Sathi Mondal, consistent with the
allegations.
On 18 December 2007, a 29-year-old
widow was illegally detained and tortured by Border Security Force (BSF)
personnel at Kaliani in Bongaon in North 24 Parganas district. The BSF personnel
accused her of sheltering illegal Bangladeshi immigrants at her house at Kalini village. She was taken to the BSF camp and was
allegedly forced to strip and was then beaten up. The victim was reportedly
released only after the intervention of the chief of the Gram Panchayat of Chaighoria, Mr Santosh Pradhan.
Several women were reportedly raped by the police and the
activists of the CPI
(M) in Nandigram conflict as explained below.
The rape committed by
police was confirmed by Superintendent of Police of East Midnapore district, G A Srinivas in
his report to the State Headquarters. In his report, G A Srinivas admitted that two police personnel had raped
a woman during the clashes in Nandigram on 14 March
2007.
On 23 July 2007, Lance Naik Kishori Lal of Sashastra Seema Bal (SSB) was arrested on charges of raping a 13-year-old
girl in a jungle adjacent to Lankapara tea estate under Birpara police station in Jalpaiguri district.
The CPI (M) was also responsible for
perpetrating rape during the Nandigram clashes. On 14
March 2007, a mother and her two daughters were allegedly raped by CPI (M)
leaders along with his supporters for two days in Nandigram.
The alleged perpetrators then laid siege to the house and demanded money from
the victims.
Women continued to be
victims of cultural cruel practices in West Bengal. On 27 March 2007, a
65-year-old woman identified as Tala Marmu, was sacrificed on the alter of a temple at Kendua village under Habibpur police station in Malda district after she was held responsible for the death of a person. Similarly, on 13 July 2007, another woman identified as Shanti Kheria (45) was beaten to
death at her home by tea workers on the suspicion of being a witch at Dima tea garden under Kalchini Block in Jalpaiguri district.
VI.
Violations of the rights of the child
According to the NCRB, a total of 432
cases of crimes against children were reported in West Bengal during 2006.
These included 3 cases of murder, 20 cases of rape, 156 cases of kidnapping and
abduction, 77 cases of procuring minor girls, 114 cases of Selling of girls for
prostitution, among others.
Children were subjected to illegal detention
and torture by the security forces in clear violation of the Juvenile Justice
(Care and Protection) Act, 2000. Under the Act, the police have no authority to
deal with juveniles.
Between 6 and 9 April 2007, a-14-year
old girl identified as Nuresha Khatoon and a 15 year-old boy identified as Pintu Shekh were illegally detained by Mr. Somnath Banerjee, the Officer-in-Charge (OC) of the Jalangi police station and Sub Inspector Mr. Tuhin Biswas in the police
lock-up at the Jalangi police station in Murshidabad district. The minors were detained after the
girl’s father informed the Jalangi police station
that his daughter was missing and he suspected that she had been abducted. When Pintu's father Mr. Saider Shekh found out he took both the children to the Jalangi police station as proof that there was no abduction.
However, the said police officials asked Mr. Saider Shekh to leave and locked up the two minors.
On 6 August 2007, two tribal children identified as Bhutan Khalko (6) and Bhuto Khalko (4),
residents of tribal colony near the Barasat Municipality, were picked up by the police on the charges of stealing. They
were illegally detained at Barasat police station in
North 24 Parganas district for three days from 6-8
August 2007. They were released without any charges.
On 6 February 2007, Banashree Malik, a minor girl of six years, d/o Pasupati Mondal of Gopalnagar Paschim village in Singur, Hooghly district was beaten by police as they
suggested that her father had been involved with Krishi Jami Bachao Committee; a group resisting land
acquisition by the state government for the TATA company. Some local people
rescued her and took her to Singur Rural Hospital.
On 1 April 2007, two minor boys
identified as Asif Iqbal (13), son of Asmat Sk. and Sahin Sk (15), son of Jalil Skkilled, both resident of of village Ramnagar Para under Raninagar police station in Murshidabad district were allegedly shot by Border Security Force personnel of the 140th Battalion. They were shot at the Kaharpara BOP
(Border Outpost) while moving two cows from India to Bangladesh.
VII.
Violations of the prisoners’ rights
The NHRC
registered 69 cases of deaths in judicial custody in West Bengal during the
period from 1 April 2006 – 31 March 2007.
The conditions
of prisons continued to be deplorable. The jails (renamed ‘Correctional Homes)
remained overcrowded and lack basic services including sanitation.
The Krishnagar District Correctional holds 1,072 prisoners as
against the sanctioned 498 prisoners as of July 2007. Most of the inmates were undertrials. While the Jalpaiguri District Correctional Home had 846 under trial
prisoners as against 551 inmates as of 21 May 2007.
Torture
of prisoners was common. On 31 July 2007, an undertrial prisoner Abedali Molla (21)
was found hanging in Diamond Harbour Correctional
Home, South 24 Pargana district. He was arrested
following a complaint by a woman named Taslima Khatun of Alipara village in Kulpi in South 24 Parganas district.
She alleged that Abedali had promised to marry her
and cohabited with her. According to Abedali’s cousin, Abdul Rahaman, the family members of Taslima Khatun hired people in prison
to murder Abedali. Abedali’s brother was present when the body was taken to Medical College & Hospital
Morgue (Kolkata Morgue) on 2 August 2007. He saw a blister on the left side of
the upper back and legs.
According
to advocates Muktikam Das and Pronil Roy, there is a criminal gang operating in the prison who pressure on the
families of the under trial prisoners for money. If they fail to pay, then the
prisoners are tortured mentally, physically and served with low quality food
and denied access to their family. They alleged that Abedali died due to torture in the jail. They allege that the victim was first killed
and his body was later hanged to suggest suicide.
On 31 July 2007, an under-trial
prisoner identified as Bimal Roy was allegedly
tortured to death in Jalpaiguri Central jail in West
Bengal.
On 2 November 2007, Adol Basumata, son of Nagen died in Alipurduar jail in Jalpaiguri district of West Bengal on 2 November 2007. The deceased was arrested on
charges of assaulting a forest official and sent to judicial custody. His
father Nagen alleged that he was beaten to death in jail
custody.
On
14 December 2007, undertrial prisoner identified as Ashoke Ghosh (66), son of Kalidas Ghosh of 20/A at Garcha First
Lake under police station Gariahat in Kolkata
district, was allegedly tortured to death at the Alipur Correctional Home. The police claimed that he died of an illness. However, the
inquest report revealed injuries on the deceased body, consistent with the
allegations of torture.
Prisoners were denied medical care,
resulting in deaths. On the night of 22 April 2007, undertrial Kshiten Barman from Cooch Behar District Correctional
Home reportedly died in Cooch Behar allegedly due to lack of medical treatment.
On the night
of 18 July 2007, 70-year-old undertrial Narayan Dey died in jail custody
in Cooch Behar district correctional home due to lack of medical attention. The
family of the deceased alleged that the police and the jail authority did
little to extend proper medical care despite the victim’s acute asthma condition.
VIII. Human Rights Violations at Nandigram
Nandigram of West
Bengal became synonymous of the conflicts with the Special Economic Zones
(SEZs) that provide attractive economic packages, tax concession, exemptions
from environmental clearance to companies setting up factories and businesses.
Nandigram - identified
by Salem group of Indonesia for establishment of its Chemical factories -
turned into a conflict between armed cadres of the ruling Communist Party of
India-Marxist (CPI-M) and the anti-land acquisition Bhumi Uchhed Pratirodh Committee (Land Eviction Resistance Committee, BUPC), made up of the poor who do not want
to sell their lands, and are allegedly backed by the opposition Trinamool Congress. Gross human rights violations have been
committed with absolute impunity as the State government either perpetrated or
remained complicit with the violence of the ruling party cadres.
On
14 March 2007, 14 BUPC protesters were shot dead by the State police. An
inquiry by the Central Bureau of Investigation was ordered. On 16 November
2007, the Calcutta High Court declared the police killings as
“unconstitutional”, unjustified” and awarded compensations of Rs 500,000 (US$
12,690) each to those killed, Rs 200,000 (US$ 5,076) to each of the rape
victims and Rs 100,000 (US$ 2,538) to each injured person. The State government has since challenged the
order before the Supreme Court.
On 28 March 2007, the chemical hub project at Nandigram was declared abandoned by West Bengal Chief Minister Buddhadeb Bhattacharjee. But the conflict continued.
As
the CPI-M cadres “recaptured” the areas in Nandigram from 6 November 2007, an unknown number of supporters of the BUPC were killed,
women raped and displaced from their homes. Shockingly West Bengal Chief
Minister Buddhadeb Bhattacharjee justified the actions of the CPI-M cadres saying that the victims were “paid
back in the same coin”. Given the view of the head of the State government it
was hardly surprising that West Bengal Police did nothing to prevent the
violence. Central security forces were called but the Central Reserve Police
Force (CRPF) personnel who are required to operate under the command of the
State Police allegedly received insufficient instructions and support from the
local police to bring the situation under control.
On 5th December 2007, the CRPF personnel dug up five graves at Bamanchak village. On 10 December 2007, the CRPF personnel
found another grave at Parulia village in Nandigram. Many other burial sites remain undiscovered.
Endnotes:
1.
2006 Annual
Report of the National Crime Records Bureau
2.
Information
obtained by ACHR from NHRC through filing RTI Application
3.
Supreme Court
of India, Court News- October – December 2007, available at: http://supremecourtofindia.nic.in/CtNewsOct_Dec07.pdf
4.
No rights courts out of state capital, The Statesman, 20 July 2007
5.
International Federation for Human Rights (FIDH), see http://www.fidh.org/spip.php?article4571
6.
2006 Annual
Report of the National Crime Records Bureau
7.
2006 Annual
Report of the National Crime Records Bureau
8.
Information
obtained by ACHR from NHRC through filing RTI Application
9.
Communications
sent by MASUM, Kolkata
10.
Information
received from MASUM, Kolkata
11.
Communications
sent by MASUM, Kolkata
12.
Communications
sent by MASUM, Kolkata
13.
Custody death
heat on cops, The Telegraph, India, 15 November 2007
14.
Violence in court over killing of schoolteacher by
cop, The Tribune, 1 March 2007
15.
‘Drunk’ jawans kill boy, batter family - Parents and sister
don’t know 19-year-old Masud is dead, The Telegraph,
7 March 2007
16.
One
dies in BSF firing, The Telegraph, 6 April 2007
17.
Jawan kills teen,
The Telegraph, 9 April 2007
18.
Bullet death
sparks border protest, The Telegraph, 11 June 2007
19.
Check-post
porter shot, The Telegraph, 20 December 2007
20.
2006 Annual
Report of the National Crime Records Bureau
21.
Ration flames
spread, man dies in police firing, The Telegraph, 2 October 2007
22.
Another death
in ration rally, The Telegraph, 4 October 2007
23.
Police
hit in ration protest turns fatal, The Telegraph, 29 October 2007
24.
Relief
on “humanitarian grounds” to kin of Nandigram police
firing, The Telegraph, 27 October 2007
25.
Information
obtained by ACHR from NHRC through filing RTI Application
26.
Information
received from MASUM, Kolkata
27.
Police ‘tortures’ trader in custody, The Statesman, 11 September 2007
28.
Information
received from MASUM, Kolkata
29.
Torture slur on jawans, The Telegraph, 14 September 2007
30.
Cop in assault
row, camp on fire - Burnt down, The Telegraph, 23 October 2007
31.
Police injures
victim in lockup, The Statesman, 7 December 2007
32.
Information
received from MASUM, Kolkata
33.
BSF jawans ‘attack’ villagers, The Statesman, 17 December 2007
34.
BSF jawan injures 3, The Statesman, 28 December 2007
35.
http://www.achrweb.org/ncm/NCM-VOL-02-03.pdf
36.
Maoist strike,
The Telegraph, 7 December 2007
37.
CPI(M)
leader killed by Maoists in West Bengal, The Times of India, 9 January 2007
38.
Leaders shot, The Statesman, 31 March 2007
39.
Maoist murder, The
Telegraph, 11 July 2007
40.
Maoist
kill CPM leader, The Indian Express, 2 November 2007
41.
CPM local committee member killed during Maoist bandh in WB, The Times of India, 20 November 2007
42.
Leaders shot, The Statesman, 31 March 2007
43.
Rebels burn
Bengal station, The Telegraph, 28 June 2007
44.
Maoists blow up railway track, The Statesman, 20 November 2007
45.
West Bengal,
Data Highlights: The Scheduled Tribes, Census of India, available at: http://www.censusindia.gov.in/Tables_Published/SCST/dh_st_westbengal.pdf
46.
Adivasis to hold rally in Kolkata, The Statesman, 25 May
2007
47.
2006 Annual
Report of National Crime Records Bureau
48.
Teens raped at
gunpoint - Police station doesn’t lodge an FIR or start probe in a week, The
Telegraph, 31 January 2007
49.
2006 Annual
Report of National Crime Records Bureau
50.
Communications
from MASUM, Kolkata
51.
BSF jawans strip and beat up widow, The Statesman, 19 December
2007
52.
‘Two
policemen raped woman’, The Deccan Herald, 5 April 2007
53.
SSB jawan held for rape, The Telegraph, 24 July 2007
54.
Rape cases on
CPM leaders, The Asian Age, 20 December 2007
55.
Witch’
sacrificed to ward off deaths, The Telegraph, 29 March 2007
56.
Woman killed for ‘witchcraft’, The Assam Tribune, 16
July 2007
57.
2006 Annual
Report of National Crime Records Bureau
58.
UA-137-2007:
INDIA: Illegal detention of two minors by police, AHRC, available at: http://www.ahrchk.net/ua/mainfile.php/2007/2351/
59.
Tribals protest police action, The Statesman, 14 August
2007
60.
Communications
from MASUM, Kolkata
61.
Information
received from MASUM, Kolkata
62.
Information
obtained by ACHR from NHRC through filing RTI Application
63.
Undertrials languish in virtual hell-hole, The Statesman, 31
July 2007
64.
Rights official visits jails, tea estates, The Statesman, 22 May 2007
65.
Communications
sent by MASUM, Kolkata
66.
Undertrial dies, family
cries foul, The Telegraph, 3 November 2007
67.
Information
received from MASUM, Kolkata
68.
Undertrial GCPA activist dies, The Statesman, 24 April 2007
69.
Undertrial dies in jail custody, The Statesman, 20 July 2007