NHRC: ‘Watchdog’ or Flattering ‘Mirror’ for the Police and Armed Forces?
Are forces in uniform immune from justice? Why do institutions mandated to protect human rights and democracy turn into mouthpieces of police or armed forces in cases where killings and other atrocities have occurred in the name of combating terrorism? Why are communal outfits which indulge in violence and terrorism seemingly immune from serious enquiry and punishment? The NHRC probe gives a clean chit to the police in the Batla House ‘encounter’ case, relying wholly on the police’s own testimony; the NHRC report which absolves the Salwa Judum in Chhattisgarh of rapes and murders; the allegation by retired judge of the J&K High Court Justice Muzaffar Jan that the report of the commission of enquiry headed by him in the Shopian rape and murder case was tampered with by the J&K Police; and the lifting of MCOCA charges from the Malegaon blast accused cast a shadow on the credibility of enquiry commissions, the NHRC itself, and the very process of investigation and enquiry into acts of terrorism. Fake ‘encounters’ – summary executions by forces in uniform – are no aberrations but rather seem to be the norm for Indian police and security apparatuses. Imphal, the capital of Manipur, has been brought to a halt by a successful 48-hour Strike in which Manipur’s people have hit the streets in protest against an ‘encounter’ of a PLA member in custody in Imphal – a killing exposed by a local photo-journalist to have been a cold-blooded custodial murder of an unarmed youth rather than a case of a militant whom the police was forced to kill in self-defence.
The Batla House ‘encounter’ on September 19 2008 was widely suspected of having been staged – the more so because the police and Central Government refused to address a range of pertinent questions that the police version was unable to satisfactorily answer, and waived the magisterial enquiry mandated by the NHRC in every case of ‘encounter.’ The NHRC has failed to express a single word of reproof about the violation of its guideline regarding magisterial enquiry in case of encounter. The NHRC team which conducted the probe on the Delhi High Court’s orders chose to speak only with police officers – and reverentially present their answers without subjecting them to any scrutiny. Eyewitnesses, victims’ families and neighbours, independent organisations that prepared detailed fact-finding reports based on testimonies, were simply ignored. The NHRC team even failed to visit the site of the alleged ‘encounter,’ content to accept the police’s version. The NHRC report upholds the killings of the two young men in L-18 Batla House, mainly on the grounds that a police Inspector Mohan Chand Sharma was killed and another constable injured. But the various suspicious circumstances – such as why the Inspector’s blood was not found inside the flat or why the Inspector was not wearing a bullet-proof jacket – surrounding even these latter facts have not been examined. The post-mortem report on the Inspector is provided in great detail while the report is vague and tight-lipped about the post-mortem reports of the two alleged terrorists. For instance, we are told exact placement of firearm entry and exit wounds in Inspector MC Sharma’s case, but not in the case of one of the residents of L-18, Sajid; this omission is significant in the light of the widely publicised assertion by eyewitnesses that Sajid has bullet wounds on the top of his head, indicating that he might have been shot while forced to squat, rather than killed in exchange of fire in an ‘encounter’.
The NHRC report on Chhattisgarh, again, is one-sidedly a version of the police. The NHRC team itself consisted exclusively of senior police officers, and they were accompanied by local police officers – a fact that even according to the NHRC’s own report, caused villagers to flee en masse “on seeing the police,” leaving behind only women and old men paralysed by fear. Conversations with people in the Salwa Judum camps and the villages have obviously been conducted by police officers in the shadow of the presence of the very same local police and SPO personnel whose conduct was under probe. At the very outset, the report makes sweeping statements such as “the naxal menace is seen as the biggest challenge to the internal security of India” – clearly indicating the prejudiced ideological framework adopted by the NHRC team even before it examined any evidence. The testimonies of the police – such as claims that villagers complain of large-scale sexual exploitation of women by Naxalites – are reproduced unchallenged and without being backed by a single piece of testimony; while testimonies of rape by SPOs in Salwa Judum camps given by women to the NHRC team have been summarily dismissed as lacking credibility. Even a case where the report records that woman named the alleged rapist who is a member of the SPO, the NHRC team failed to probe it, and concluded that allegations of rape in Salwa Judum camps lacked corroboration! Six such rape victims have consequently filed petitions before a local judicial magistrate in Dantewada.
In the Shopian case of rape and murder of two young women, allegedly by CRPF personnel, institutions like the NHRC, NCW and even the courts are mute spectators to the shocking testimony of Justice Jan that the report prepared by him was tampered with.
In the case of the Maharashtra police’s killing of Rahul Raj, a young man from Bihar in an ‘encounter’ in Mumbai, no judicial probe has been ordered. The NHRC is again mute on this violation of its own guidelines. The Maharashtra police in this case had displayed a marked bias towards the MNS activists who were indulging in violence against migrants, and had branded Rahul Raj, a migrant youth, as the aggressor whom the police had to kill in self-defence.
Recently, the special court hearing the 2008 Malegaon blast case dropped provisions of the Maharashtra Control of Organised Crime Act (MCOCA) slapped on Sadhvi Pragya Singh Thakur, Lt. Col. Prasad Purohit and nine others accused in the Malegaon blasts. The MCOCA was invoked in this case because of the paucity of evidence of actual involvement in the bomb blast. The MCOCA would allow the police to use pieces of evidence such as taped conversation between Sadhvi Pragya and the man who allegedly planted the bomb. We are no advocates of the draconian MCOCA or any other similar laws. But the question certainly arises – if MCOCA is unjust when invoked against Hindutva terrorists, why is it just when it is routinely invoked against terror-accused from the minority community? In countless cases where Muslims have been arrested for terrorism, the police has relied solely on narco-analysis and confessions that are patently forced or concocted. Whether the accused in such cases are Hindutva activists or Muslims, verifiable evidence ought to be the sole grounds for conviction.
It is possible that the Maharashtra ATS and police lack enough evidence to link Sadhvi Pragya and Lt-Col Purohit to the Malegaon blasts. But the question is, in spite of ample evidence the police apparently has of their involvement in plotting communal conspiracies against the Indian State and training communal mobs, why has the Maharashtra police and Indian Home Ministry failed to prosecute them under the IPC sections against instigating communal tension?
In all cases where the police and government manage to whip up public sentiment against the accused – such as when the victims stand accused of terrorism or extremism, or belong to minority communities and marginalised sections like adivasis – the ‘encounters’ remain immune from any probe or punishment. The same is the case where the accused of other heinous crimes like acid throwing. In the Warangal last year the police received accolades from many for shooting dead three young men in custody, who were accused of killing one and grievously disfiguring another young girl by acid throwing. The fact that the same police that claimed to have done ‘justice’ by this execution, had previously ignored the dead girl’s complaints of sexual harassment at the hands of the man who eventually threw acid on her, received scant attention.
Too many times, India’s police and security forces have been allowed to get away with murder, rape and custodial torture. When ‘watchdog’ institutions like the NHRC start acting instead as ‘mirrors’ for the police and armed forces, obligingly reflecting their own flattering self- image and refusing to probe the evidence of widespread human rights violations, it is a warning bell for Indian democracy.
CM Martyrdom Day Observed all over the Country
The Party commemorated the Martyrdom Day of Comrade Charu Mazumdar, 28 July, by organizing pledge meetings and cadre conventions in all states. The Central Committee had called upon to deeply investigate our work and our ties with the masses, in view of the results in the recent Lok Sabha elections, and to hold cadre conventions to discuss the conclusions of investigations and consultations with party’s members and supporters.
In Bihar, the state level cadre convention was held accordingly in Vidyapati Bhavan, Patna on 28 July. This was addressed by Party General Secretary Dipankar Bhattacharya and inaugurated by Politburo member Swadesh Bhattacharya.
The convention began after paying tributes by observing one minute silence in memory of the martyred and departed comrades including Charu Mazumdar, Saroj Dutta, Jauhar, Vinod Mishra, Nagbhushan Patnaik, Jayant Ganguly, Anil Barua, Mahendra Singh, and all those who laid their lives for the cause of the revolution. This was followed by the presentation of a song in memory of the martyrs by Hirawal. The convention was conducted by Bihar State Secretary of Party and PB member Nandkishore Prasad.
Inaugurating the Convention comrade Swadesh called upon the party ranks to accept new challenges to fulfill the dreams of martyrs. This was followed by the reading out of the CC’s Call issued on the occasion of the Shaheed Diwas, by Comrade Abhyuday and then Comrade Kunal presented the guidelines for cadres prepared by the Bihar State Committee. A detailed session on the discussion on experiences of the review campaign was held where comrades spoke on challenges of party building in their respective areas. Comrades Mahanand Prasad, Secretary, Arwal, Ramadhar Singh, Secretary, Jahanabad, PB member and Incharge of Central Education Department, Ramjatan Sharma, Dy. Leader of Legislative group Arun Singh, Satyanarayan, Secretary, Patna Rural, Mohan from Bhojpur, Mithilanchal Incharge Dhirendra Jha, Bhaiyalal Yadav, Secretary, Rohtas, and CC members Rajaram Singh and Mina Tiwary spoke in this session. Comrade KD Yadav announced the forthcoming programmes.
Comrade Dipankar reminded of Charu Mazumdar’s last article “People’s interest is Party’s interest” and said that Comrade CM envisioned a people’s upsurge even in the time of a serious setback in the movement, reflecting an attitude of revolutionary optimism which should be the touchstone for all communists. He added that our most important task is to strengthen and prepare the party for the forthcoming mass uprisings. He called upon party ranks to be broadminded and big hearted enough to mobilize wider range of revolutionary progressive forces. He called upon to understand the essence of the CC’s Call and implement it into practice by way of self introspection. This is not meant to look for weaknesses in others. The Call must be carried to every committee and everyone in the Party in its true essence. We have to implement our revolutionary line by correctly assessing the grassroot reality and by breaking all our self-created limitations.
The Cadre Convention ended with a rousing call to meet the challenge and overcome all setbacks – as the party had done in the face of many odds and setbacks in the past as well.
In Orissa, more than 200 CPI(ML) activists rallied in front of Orissa Assembly on CM Martyrdom Day, July 28, demanding to withdraw Vedanta University Bill. They opposed the Naveen Patnaik govt’s decision of giving precious agricultural land to Vedanta and the cost of peasants’ livelihoods. Activists marched from Bhubaneswar Railway Station to PMG Square holding placards and banners. They also raised issue of price hike and worsening law and order situation in Orissa. The rally was addressed by Party’s State Committee members Yudhistir Mohapatra, Ashok Pradhan, Murali Behera and others.
A protest meeting was also held on the same day in front of Rayagada District Collector office which was attended by around 1000 activists. Tirupati Gamango, Party’s State Committee member and AIALA leader, who was recently convicted by a court on false and concocted charges for leading land struggle in the region, addressed this gathering. Abhimanya Lima, Meghanada, Pralaya also addressed the rally. They paid tributes to the martyrs on the occasion of Shaheed Diwas, Comrade CM’s Martyrdom Day, and called upon party cadres to further intensify the land struggle in Rayagada region.
In Pattamundei Party State Committee member Radha Kanta Sethi addressed hundreds of activists and called upon for bigger mobilization against the government on price hike, minimum wages and to strengthen working class movement.
Party State Secretary Kshitish Biswal addressed the 300 activists at Nagbhushan Bhavan on the eve of Shaheed Diwas where he called for further strengthening of Party and intensifying the working class movement. He vehemently condemned both UPA in centre and BJD government in Orissa for their anti-poor agenda and criticized UPA’s hypocritical talk of various welfare schemes for the poor while at the same time it is engaged in acts of repressing the poor and favouring the big business houses.
AIPWA March to Parliament
The All India Progressive Women’s Association (AIPWA) held a March to Parliament on 3 August to demand that the 33% Women’s Reservation Bill be passed. Thousands of women from all over the country marched from Ramlila Maidan with colourful banners and placards, and raised slogans asking, “President Patil’s speech promised Women’s Bill in 100 days – Why the broken promise?” The March reached Parliament Street where a mass meeting was held. The March also protested against the pitifully inadequate allocation for women in the Budget, and against steep price rise, and against repression and rape in Shiopian, Lalgarh, Bastar and other places. Women from Punjab, Rajasthan, Madhya Pradesh, Uttar Pradesh, Bihar, Assam (Karbi Anglong), Delhi and other states participated in the March.
Addressing the mass meeting at Jantar Mantar, AIPWA National President Srilata Swaminathan said that the Government has shamefully delayed the Women’s Reservation Bill yet again. UPA Govt.’s first Budget in its new tenure had betrayed women. Women’s health and education have been neglected completely, while measures to roll back price hikes and ensure food security have been woefully inadequate. Drinking water is scarce in villages but liquor is being encouraged by government policies. She also said that the principle of equal pay for equal work for women was being violated even in NREGA work.
AIPWA General Secretary Meena Tiwari said this Government, in spite enjoying a full majority in the House, is dilly-dallying when it comes to passing the Women’s Bill, backtracking from the promise spelt out in the President’s address that the Bill would be passed in the first 100 days. Very few days remain for the first 100 days of the Government’s tenure to be up, yet there is no sign of any plans to Table the Bill in the Lok Sabha or pass it. She said the Congress is playing a double game – wanting to woo women by espousing the Bill, while using the opposition by JD(U), SP, RJD etc as a pretext to delay the Bill. In the last 13 years, she said, innumerable Bills have been passed in spite of massive opposition – yet in the case of the Women’s Bill, the plea of ‘consensus’ is being invoked.
AIPWA National Secretary Kavita Krishnan demanded that men in uniform who are guilty of state repression and rapes of women – in Kashmir, Lalgarh, Bastar – must be punished. She demanded a law to punish Khap Panchayats, other institutions as well as families who attempt to curb the right of women to choose partners of their own choice, and to guarantee the safety of inter-caste and inter-religious couples.
AIPWA National Vice President Saroj Chaube demanded homestead plots for women and job guarantee for urban women. The mass meeting was also addressed by AIPWA leaders from Punjab, Jasbir Kaur Nat and Iqbal Kaur Udasi, Surajrekha from MP, Vidya Rajwar from UP, Bhanwari Bai from Rajasthan, Shashi Yadav from Bihar, Anjali Upadhyay from Karbi Anglong, and others. After the demonstration, a memorandum was submitted to the PMO’s office.
Joint TU demo against termination of AICCTU state council member
In Trichy, Xomax management terminated Com Bharathi for being active in AICCTU and CPIML. The management had illegally threatened Com. Bharathi many times in past terminating him after implicating on some ground or the other and told him to stay away from Party and AICCTU activities. Finally, the management terminated him on some previous false charges dating back more than a year. OFT contract workers led by AICCTU, workers of AITUC, workers’ unions of SRF, TVS, Rane Power Steels, MM Forgings and Sanmar Group Companies joined the protest against this victimisation and more than 200 workers participated in the demonstration. Com.K.G. Desikan, State Secretary, AICCTU addressed the gathering.
TN Civil Supplies Corporation Employees Demonstration in Coimbatore
Hundreds of permanent and contract load workers participated in the demonstration held in Coimbatore on 24 July highlighting demands of load workers. They raised slogans against the State Govt for not compensating wages against the increased work load due the welfare schemes of the government and the Govt’s apathy toward the load workers’ issues.
S. Kumarasami, All India President, AICCTU addressed the demonstration. He called the workers of civil supplies to go in for a state wide one day strike stressing the minimum basic demands of the load workers without whom no government scheme would be implemented. The demo was led by AICCTU District Secretary Com. Perumal.
Campaign against Price Rise in West Bengal
The West Bengal State Committee of CPI(ML) Liberation organized extensive statewide protests against the rise in prices of essential commodities. After 15-days of mass campaigning involving street meetings and signature collection, district party committees organized demonstrations in front of district headquarters. The Kolkata District Committee demonstrated in front of the State Directorate of Rationing, Government of West Bengal. Defying police obstruction demonstrators went to the protest venue and submitted a memorandum demanding BPL ration cards for all poor, supply of 50 kg of rice/wheat at Rs2/kg to all poor families, free supply of foodgrains and 200 days of work at Rs 200 per day for workers of closed factories and tea gardens and immediate arrest of black-marketeers and hoarders. Similar demonstrations also held in North 24 Parganas, Krishnanagar, Kalna, Bardhaman town, Behrampore, Bankura, Siliguri, Jalpaiguri and Uluberia. Thousands of posters and handbills were distributed during the campaign. On 31st August, there were demonstrations in front of food department offices in Kolkata and Siliguri.