human righits of states

8/6/2019 Human Righits of States

1/33

HUMAN RIGHITS OF STATES

INTRODUCTION: All human beings,for the simple reason that they belong to human kind are

entitled to enjoy certain rights from the cradle to the grave.These rights are their birth rights and

therefore called natural rights.These are the basis entitlements of human beings without which life

is not worth living,satisfying,enjoyable and meaningful.

Human right is a concept that has been constantly evolving throughout human history.The

situation of human right in India is a complex one because of its large size and tremendous

diversity,its statute as a developing country and its history as a former colonial territory and as a

state of India, the human rights of Assam is also a complex one.

Section 2 of the Protection of Human Rights Act 1993 states that the rights

relating to life, equality, and dignity of the individual are granted under the constitution or

embodied in the International Covenants are enforceable by courts in India and International

Covenants means the International Covenants on Civil and Political Rights and the International

Covenants on Economics, Social and Cultural Rights adopted by the General Assembly of United

Nations on the 26th

December 1966.

The Act also provided under Chapter 5 for the setting up of the state human right

commission in states which is empowered to perform all the functions which are entrusted to the

National Human Rights Commission.

STATE HUMAN RIGHTS COMMISSION: Section 21 of the Protection of Human

Rights Act 1993 under Chapter 5 lays down that the State Government should also constitute a state

Human rights Commission.

The state human rights commission have been established in 16 states viz, Jammu

and Kashmir, Himachal Pradesh, Punjab, Rajasthan, Madhya Pradesh, Chattisgarh, Maharashtra,

Kerala, Tamil Nadu, West Bengal, Assam, Manipur, Andhra Pradesh, Orissa, Karnataka and Uttar

Pradesh. The National Human Rights Commission in its 1998-99 report has recommended that the

state level commission be established rapidly where they do not exist yet.


2/33

The Commission is required to submit its annual reports to the state government and

the state government shallsubmit the report before each house of state legislature with a

memorandum of action taken and the reason for non-acceptance of recommendation.

The state commission shall be consist of -----------------------------------

a) A chairman who has been a ChiefJustice of High Court.b) One member who is or hasbeen a judge of a High Court.c) One member who is or hasbeen a District Judge in the state.d) Two members from amongst the persons having knowledge of or political experience in

matters relating to human rights.

The Commission has also aSecretary who is the Chief Executive officer of the state

commission.

FUNCTION OF HUMAN RIGHT COMMISSION:

1)The Commission inquire into the matters if a petition is given by the victim or any other person on

his behalf into complaint.

a)If the human rights areviolated.

b) Negligence in theprevention of such violation by a public servant.

2) If any proceeding involving any allegation of violation of human rights pending

before the court, then with the approval of such court, the commission can intervene.

3) The Commission often visit jail or any place where the persons are detained or

protrction, to study the living conditions of the inmates and make recommendation thereon.

4) Review the safeguard provide by or under the constitution or any law for the

time being in force for the protection ofhuman rights and recommended measures for their

effective implementation.

5) Review the factors including the act of terrorism that inhabits the enjoyments of

human rights and recommended appropriate remedial measures.

6) Undertake and promote research in the field of human rights.


3/33

7) Spread human rights literacy among various section of the society of the society

and promote awareness of safeguards available for the protection, media, seminar and other

available means.

8) Encourage the efforts of non-govermental organisations and institutions working

in the field of human rights.

9) Such other functions as it may considernecessary for the promotion of human

rights.

POWERS OF HUMAN RIGHTS COMMISSION: A) The State Commission shall, while

inquiring into complaints and this Act, have all the powers of a Civil Court trying a suit under the

Code of Civil Procedure,1908 and special in the following matters------------

Summoning and enforcing the attendance of withness and examining them on oath.

1) Discovery and production of any document.2) Receiving evidence of affidavits.3) Requisitioning any public record or copy thereof from any court or office.4) Issuing commissionsforthe examination of withnesses or document.

Any other matter whichmay be prescribed.

B) The state commission shall have the power to inquire any person subject to any privileges which

may be claimed under any law for the time being in force to furnish information on points or matters

useful for, or relevant to the subject matter of inquiry.

C) They also have the power to facilitate the process of inquiry undertaken by it.

D) The state commission shall be deemed to be a civil court and every proceeding before it shall be

deemed to be a judicial proceeding within the meeting of Section 193 and Section 196 of the India

Penal Code.


4/33

ASSAM HUMAN RIGHTS COMMISSION: The situation of human rights in the northeast

states of India deteriorated rapidly after the Indian army was deployed in November 1990 to fight

against secessionist insurgents.

Insurgency in the State of Assam rose in a political context as like in the

other adjoining states. But the government has chosen to view it solely as a security problem, and

has adopted policies to root out insurgency military. Not only it has borne no fruits, but it has

aggravaledthe Human Rights situation drastically.

Since Independence in 1947the regions of northeast India, the most

backward places of India have seen uprising and secessionist activities and as a remedy to that was

born the Armed Force Act(AFSPA) in 1958. Such armed activities spread to Assam and increased in

the late 1980s.In 1990 Surender Paul an influential member of the tea producing groups, was killed

by insurgents. Soon after the army was deployed to flush out the militant. The methods of army

operation began as Operation Bajrang and has been finally given a more institutional frame work

under the Unified Command in the beginning of1997. The Army operation started with extensive

search and arrest operations in the village. Villagers were required to line up in a nearby field

usually in the dead of night and questioned. Some are taken to army camps forfurther

questioning which generally include torture. Many innocents have either lost theirlives or

have been struggling for life. Villagers have been treated, harassed, raped, assaulted and

killed by soldiers attempting to frighten them into identifying suspected insurgents.

RAPE- Rapes generally takes place during search and arrest operations.

TORTURE-Almost all persons picked up forquestioning, whetherbelonging to anyinsurgent ornot, whethercombatant ornon-combatant and torture for information. Some of

the methods used include electric shocks to genitals, cigarette burns,pulling out of finger

nails, dunking the head underwater/urine repeatedly hanging upside down forprolonged

period etc.

EXTRA JUDICIAL KILLING- Sometimes when the conditions of torture victims deteriorate, the

victims are killed and the killing passed off as due to an encounter.


5/33

VIGILANT GROUPS-A numberof vigilant groups are active in the region. ParagDas,awell-

known human rights activist journalist was killed by unidentified gunman, suspected to be

members of a vigilant groups.

Most of the operations are conducted by the security forces eitherin

civil dress orwith identifying insignia missing from theiruniforms.

Some of the demerits of the Armed Forces (Special Power)ct-------------

The Army operations in Assam are conducted underthe infamous Armed Forces (Special

Power)Act 1958 revised 1972. UnderSection 4 of this Act, any personal of the Indian Army

above the rank ofprivate (jawan)can shoot to kill, destroy property search without warrant or

arrest anyone who has committed orabout to commit a cognizable offence. And to invoke

this provisions, the officerneed only be of the opinion that it is necessary to do so. This in

effect gives the Indian Army right to kill anybody at will.

UnderSection 6 no legal proceeding can be brought against Army personal without the

permission of the central government. This Sections effectively shields the Indian Army

completely from any responsibility forits actions.

This Act is applicable only in the seven northeastern states ofAssam, Manipur.

CASES OF AN EXTRA JUDICIAL KILLINGS, TORTURE, RAPE ETC ARE ON

THE INCREASE AS THE INDIAN ARMY FIGHTS VARIOUS INSURGENCY

GROUPS IN THE STATE---------------------

CheniramNath, a human rights activist, was picked up by the Indian Army on 30 May, 1997.

On 1 June, 1997, his dead body was handed overto the Police. Part of his skull was missing

and his body bore bayonet marks. According to the Army, he was killed in an encounteron

31st May, 1997; even though there was no encounteron that day with the insurgents.

On the night of 13th January 1997, Army personnel raided Rajbari village in Nagaon district. In the

raid, Dashrat Singh, a villager was pushed by a jawan with his loaded rifle which went off. The bullet

tore open Dashrat Singh's skull. When the commanding officer cried "Raju", the jawan replied

"GaltiHogayi, Saab" (It was a mistake, Sir). That was the end of the matter.

On July 25, 1997, jawans of the 25 Punjab Regiment raided Kumarchuburi village, Sonitpur

district. The villagers were made to assemble in the centerof the village. Meanwhile two of

the jawans entered the house of Umesh Koch and tried to molest his wife. When she managed

to escape, the jawans raped his twelve yearold daughter, Mamoni. When Mamoni's


6/33

grandmothertried to intervene, she was kicked. Afterthe incident, the jawans left a ten rupee

note forMamoni.

HUMAN RIGHTS

COURT:One of the obje

cts of the

Prote

ction of Human Rights

Act,

1993 as stated in the preamble of the Act, is the establishment of human rights courts at

district level. The creation of Human Rights Courts at the district level has a greatpotential to

protect and realize human rights at the grassroots.

Section 30 of the Protection of Human Rights Act says

about the human rights court forthe purpose ofproviding speedy trial of offences arising out

of violation of human rights, the state government of the Chief Justice of the High Court, by

notification, specify foreach district a court of session to be human rights court to try the

human rights violated cases.

Forthe purpose ofconducting cases in the Human Right Court. The State Government shall,

by notification, specify a PublicProsecutororappoint an advocate who has been in practice

as an advocate fornot less than 7years as a Special Public Prosecutor.

The Protection Human Rights Act 1993, dose not give any clearindication or

clarification as to what type of offences actually are to be tried by the Human Rights Courts.

No efforts are made by the Central Government in this direction. Unless the offence is not

defined the courts cannot take cognizance of the offences and try them. Till then the Human

Rights Courts will remain only fornamesake.

Even if "offences arising out of violations of human rights" are defined and clarified

orclassified, anotherproblem arises in the working of the Human Rights courts in India. The

problem is who can take cognizance of the offences. It is silent about taking ofcognizance of

the offence. The Prevention of Corruption Act, 1988 is another law, which provides for

appointment of a Sessions Judge in each district as Special Judge to try the offence underthe

said Act. Provision has been made in section 5 of the Prevention of Corruption Act, 1988

empowering the Special Judge to take cognizance of the offences underthe said Act. In the

Protection of Human Rights Act, 1993 it is not so.


7/33

Sessions Court of the district concerned is considered as the Human Rights Court.

Underthe Criminal Procedure Code, 1973 a Sessions Judge cannot take cognizance of the

offence. He can only try the cases committed to him by the magistrate underSection 193 of

the Cr.P.C. There are only 9 Human Rights Courts in Assam out of 28 districts as it is

inactive in nature forwhich the Central Government orthe State Government have

designated only 9 courts as the Human Rights Courts in Assam.

CASES ON HUMAN RIGHTS VIOLATION IN ASSAM-----------

1. CASE NO 35. MASS/EJE/97

Name:- Mr. Rabi Rajbongshi, Age-27 Yrs.

S/o :- Mr.SailendraRajbongshi.

Vill:- UttarKepervitha

P.S.:- Goreswar.

Dist.:- Kamrup, Assam

Background:

-Suspe

cted to be a memberof banned armed

organisation ULFA.

Name:- Mr.SantiramDeka, Age- 18 Yrs.

S/o:- Mr.GhanashyamDeka.

Vill:- 2 no Roumarigaon

P.S.:- Goreswar.

Dist:- Kamrup, Assam. India.

PERPRETATOR:-Indian Army camped at 30 bedded rural hospital at Goreswar.


8/33

EVENT:

Date:- 4 November1997.

Time:-

Around 4

PM

Place:- RampurBamungaon.

On 4 November, around 4 PM RabiRajbongshi, a local youth

SantiramDeka and an ULFA activist Dutta went to the house

of Chakra Rajbongshi (45 Yrs.), a daily labourerof RampurBamungaon.

They had theirmeal and were leaving the place. Dutta was the first to

walk out and he faced a group of armymen in front of the house. The armymen

askedMr.Dutta if any militant was inside. Dutta expressed his ignorance and

went away. But the armymen opened fire at the house of Mr. Chakra Rajbongshi.

In that firing Rabi Rajbongshi died inside the house. Santiram having walked out

of the house tried to escape through a paddy field, but the armymen chased

and shot him dead there. Laterthe Army handed overtheirdead bodies

to the Police and saying they were killed in an encounter.

2. CASE NO 36. MASS/EJE/97

Name:- Mr.BaneswarBrohma, Age- 32 Yrs.

S/o:- Mr.HaithaBoro.

Vill:- Bordubi.

P.S.- Udalguri.

Dist:- Darrang, Assam.


9/33

Background:- Suspected memberof banned armed

organisation NDFB.

PERPRETATOR: 11 Maratha Regiment of Indian Army camped at Galandi.

EVENT:

Date:- 1 September1997.

Time:- Around 4 AM.

Place:- Patherkatha, Udalguri.

On 1 September, at 4 AM, a large group of armymen of 11 Field Regiment

cordoned off the Patherkatha area in search of NDFB militants. They raided

the house of MrKabitaBasumatary and picked up Mr.BaneswarBrahma. Mr. Brahma

was taken to the main road of the village and the Armymen tortured him there.

During the torture armymen pierced him with arrows. When the

physical condition of Mr. Brahma became very poor, the armymen shot him thrice

in the head. Laterthe Army handed overhis dead body to the Police saying

Mr. Brahma died in an encounter.

3. CASE NO 37. MASS/RAPE/97

Rape Case-

Name- Mrs.JopeDewri,

Vill:- Tegheriagaon,


10/33

P.S.:- Jagiroad,

Dist:- Morigaon, Assam.

PERP

RE

TA

TOR:-Indian

Army operating in that area.

EVENT;

Date;- 22nd April 1997.

Place:- Tegheriagaon,

On 22 April, at midnight, a group of armymen went to Tegheria village and

beat up the villagers. Afterthe beating, the villagers were compelled to

stand in front of the village headman's house. At that time two jawans

entered the house of Mr.MidhanDewri and raped his wife, Mrs.JopeDewri.

FOLLOW UP

TegheriaKarbiMohilaSomity(a local women's organisation) filed a case

atJagiroad Police Station. AASU, MASS, AJYCP, KSU, ATSU, TSS and some

local women's organisations demanded punishment to the accused Army

personnel.


Name:- Mrs.Tulumoni Devi, Age-26 Yrs.

W/O :- HarakantaNath.


11/33

Vill:- KopaheraGhumatigaon,

P.S.:- Mikirbheta

Dist:- Morigaon. Assam.

PERPRETATOR:- 21 GrenadierRegiment of Indian Army operating in that area

camped

atBarapujia.

EVENT:

Date:- 24 April 1997.

Time:- 2 P.M.

Place:- KopaheraGhumatigaon

Case registered: Mikirbheta P.S. 31/97,

In the afternoon of 24 April, 1997 a group of armymen of 21 GrenadierRegiment

ofBarapujia Army camp went to KopaheraGhumatigaon and cordoned the village

in search of ULFA militants. At first they entered the house of

Mr.BhabanandaChoudhury and detained him. He is a youngerbrotherof

an ULFA activist, Mr.BulChoudhuri. Then the Armymen entered several houses of

the same village in search of otherULFA activists. In the mean time, two

Armypersonnel

entered the house of Mr.HarakantaNath, who works with a private mini bus. At

that time Mrs.Tulumoni, the wife of Mr.Harakanta was alone with hernine

months old child and herbrotherMr. Mohan Nath. One of the armymen caught

Mr. Mohan Nath and handed him overto others and returned to the house of

Mrs.Tulumoni. Then one of the armymen raped herwhile the otherstood guard.


12/33

Then they changed roles. During the incident Mrs.Dulumoni lost hersenses.

Herchild started crying loudly and hearing the noise, the neighbours came in

and discovered Mrs.Tulumoni.

FOLLOW UP

The villagers and herhusband, who had come back from work, took her

to the Morigaon Hospital next morning and filed a case at Mikirbheta

Police Station (Mikirbheta P.S.-31/97). Afterthe case was filed at Mikirbheta

Police Station, armymen came to the village and threatened the villagers.

On 2 May 1997, Army authorities interrogated Mrs.Dulumoni at the Morigaon

District Circuit House. On 27th April'97, women from 40 local villages of

the area demanded a judicial enquiry of the incident in a protest rally in

front of the Morigaon D.C. courts and submitted a memorandum. AnchalikMohila

SajagataSamity(a women organisation), AASU, AJYCP, MASS, KSU, ATSU, TSS, and

several otherdemocratic organisations demanded punishment forthe accused Armymen.

5. CASE NO 39. MASS/ RAPE/97

Names- (i) Miss RangeelaBasumatary, Age- 15 Yrs.

(ii) Miss SanthaliBodo, Age- 17 Yrs.

(iii) Miss RunumiBasumatary, Age- 16 Yrs.

(iv) Miss.ThingigiBasumatary, Age-17 Yrs.

Vill:- Ambari,Sorubhera,


13/33

P.S.:- Tamulpur,

Dist:- Nalbari, Assam, India.

PERP

RE

TA

TOR: 16 Rajput Regiment of IndianA

rmy operating in that area.

EVENT:

Date:- 22 & 23rd May 1997.

Place:- AmbariSorubhera.

Case No- TamulpurP.S.-95/97

On the night of 22nd May 1997, a group of armymen from 16 Rajput Regiment,

went to AmbariSorubhera village in search of militants, beat up the villagers

and gathered them in a field nearby. Then some of theArmy Jawans raped Santhali

andRangeela in front of the villagers. The next day, on 23 May, the Army again came

to the village and raped Runumi, a student of nine standard and Thingigi, a student

of ten standard, while they were on the way to Tamulpur.

FOLLOW UP:

Acase was registered at the Tamulpurpolice station , but no investigation was

carried out. Several democratic and human rights organisations

protested against this cruel incident and demanded a Judicial enquiry and

punishment forthe culprits.


14/33


Name-

(i) Miss Dura Ray,A

ge-18 Yrs.

(ii)Miss Minati Ray, age- 22Yrs.

Vill:- Kachidoba, Chiponchila,

P.S.:- Bangaigaon.

Dist:- Bangaigaon. Assam.

Background to the incident:

On 23 May 1997, around 11/11.30 AM a platoon of CRPF (Central Reserve Police Force)

went to Kochidoba village in search of ULFA activists. On the way, nearvillage

Kachidoba, they were attacked by suspected ULFA militants.

PERPRETATOR: Indian Army operating in that area.

EVENT:

Date:- 23rd May'97

Time:- Night.

Place:- Kachidoba, Chiponchila.

Afterthe incident of attack on the CRPF, Army troops came to the village

and beat all the villagers in the name ofcombing operation and raped Miss Dura

Ray and Miss Minati Ray in theirown houses.


15/33

FOLLOW UP:

Acase was registered in the Bongaigaon police Station and several protest

programmes were undertaken. But there has been no initiative from the

investigating agencies.

7. CASE NO 41. MASS/EJE/ 97

Name:- Mr.DimbeswarBhuyan, Age- 28 Yrs.

S/o :- Mr.MoneswarBhuyan.

Vill:- Mikirborachuk.

P.S.:- Gohpur.

Dist:- Sonitpur, Assam. India.

Background:- Suspected to be a memberof banned armed

organisation ULFA.

PERPRETATOR:- 8 Assam Regiment of Indian Army.

EVENT:


Time:- Around 5 PM.

Place:- Mikirborachuk, Bihali.

On 27 Nov 1997 armymen cordoned off the village Mikirborachuk in search


16/33

of militants. Army raided the house of Mr.DimbeswarBhuyan at around 5 PM. and

picked him up from his residence. First the armymen tied him to a tree and

interrogated him. Aftera few hours, around 11PM, the armymen took Mr.Bhuyan to a

open field nearhis village and when hecould not dis

close any hide outs of the

militants, they tortured him and finally shot him dead. The next day the Army handed

overhis dead body to the local Police saying that he had died in an encounter.

8. CASE NO42. MASS/EJE/97.

Name:- Mr.Debajit Das, Age- 30 Yrs.

S/o:- Mr.(Late)DhaneswarDas.

Vill:- Murabari.

P.S.:- Goreswar.

Dist:- Kamrup, Assam. India.

Background:- Suspected to be a activist of banned armed

organisation ULFA.

PERPRETATOR:- Indian Army operating in that area camped at suklai.

EVENT:


Time:- Around 7P.M.

Place:- 1 no Suagpur, Murabari.


17/33

Mr.Debajit Das reached his home around 7 P.M. on 28 November1997. Aftera few

moments a group of armymen cordoned off his house to catch him. At a loss, Mr.

Debajit tried to escape running through, but the Armymen chased him fora few metres

and shot him dead with 5 rounds of bullets. The next day theA

rmy handed overhis

dead body to the GoreswarPolice Station stating that Mr.Debajit was killed in an

encounter.

9. CASE NO 43. MASS/EJE/97.

Name:- Mr.MoniMedhi, Age-26 Yrs.

Vill:- HawraghatBelguri.

P.S.:- Hawraghat.

Dist:- KarbiAnglong, Assam. India.

Background:- A memberof banned armed organisation ULFA.

PERPRETATOR:-Indian Army operating in that area.

EVENT:


Time:- Around 1 P.M.

Place:- KachuwaBorbil, Nagaon.

On 24 Nov 1997, at around 1 PM, Mr.MoniMedhi was coming from Longjap village of

Nagaon to KachuwaBorbil village on a bicycle. On the way he faced a group of


18/33

armymen, who signaled him to stop. But Mr.Moni did not stop in front of the Army

group. Then the armymen fired at him and he died on the spot, i.e. on the public

road. Laterhis dead body was handed overto the Police with the statement that

Mr.MoniMedhi first fired at theA

rmypatrol, and theA

rmy had to reply to it. In

the exchange of fire, Mr.MoniMedhi was killed.

10.CASE NO. 44. MASS/EJE/97

(i) Name:- Mr.KhogenSarma, Age-28 Yrs.

S/o:- Mr.PurnaSarma.

Vill:- Gashpara.

P.S.:- Roha.

Dist:- Nagaon, Assam. India.


(ii) Name;- Mr. Surya Bhuyan, Age-25 Yrs.

S/o:- Mr.SonkoliBhuyan.

Vill:- Mulankata.

Dist:- Nagaon, Assam.


PERPRETATOR:- 21 GrenadierRegiment of Indian Army operating in that

area, camped at Ranthali, Roha.


19/33

EVENT:

Date:-

24 November1997.

Time:- Around 3 P.M.

Place:- AirabatJalasay.

On 24 November1997, Mr.KhagenSarma and Mr.SuryaBhuyan took shelterbeside the

AirabatJalasoy(a big pond). At midnight armymen cordoned off the area in search

of militants. Mr.Sarma and Mr.Bhuyan, both went into the waterand tried to

hide with just theirheads above the water. Not finding any militants, the

Armymen also went into the waterwith bamboo sticks. Afterfew minutes the

armymen found both Mr.Sarma and Mr.Bhuyan with the help of theirsticks.

Mr.KhagenSarma was shot dead in the water itself. Mr.Bhuyan was

picked up from waterand tied to a tree nearby. He was tortured and asked about

arms and hide outs of the militants. Having failed to inform anything more,

he was shot dead while he was still tied to the tree. Later, both dead bodies were

handed overto Police with the statement that the Army shot Mr.KhogenSarma and Mr.

Surya Bhuyan, when they opened fire at an Armypatrol.

FOLLOWUP-

Local people and various democratic-human rights organisations demanded a

judicial enquiry of the incident, but unlike otherhundreds of incident, the

District Civil and Police authority have been silent on this incident.


20/33

11.CASE NO 45. MASS/EJE/97.

Name:-

Mr.BhagaduttaTeron.A

ge-

27 Yrs.

Vill:- Chawborigaon.

P.S.:- Roha.



PERPRETATOR:- 21 GrenadierRegiment of Indian Army camped at Rantholi, Roha,

led by MajorRabi Jadav.

EVENT:

Date:- 15 November' 97.

Time:- 1-30P.M.

Place:- Bagariguri, Roha.

Mr.BhagaduttaTeron was enjoying an open drama at a Temple compound of

Bagariguri. At about 1-30 PM a group of armymen cordoned off the Temple compound

and picked up Mr.Bhagadutta and started beating him mercilessly in front of the

audience. They also asked the audience if the youth was Mr.BhagaduttaTeron. The

audience confirmed that he was Bhagadutta and also requested them not to kill him.

The Army then took him a few metres away and the audience heard a sound of firing.

Aftersome time people come to know that Mr.Bhagadutta was killed. Next morning the

dead body of Mr.Bhagadutta was handed overto the Police with the statement that


21/33

the Army had taken Mr.Bhagadutta along with them to find a hide out of

the militants, and on the way militants attacked them and Mr.Bhagadutta died in

that encounter.


Name:- Mr.RaktimGhatowar,

Dist:- Dibrugarh, Assam. India.


PERPRETATOR:- Indian Army operating in that area.

EVENT:


Time:- 1-30P.M.

Place:- Dewanbari village, P.S.-Borbaruah.

On 20 December1997, Mr.RaktimGhatowarwas taking a bath as was one of his friend

in a house nearthe residence of Mr.PhillipDhan, a school teacher, when a

group of armymen on bicycles cordoned off the residence of Mr. Phillip and his

neighbour. Mr.Phillip and his friend tried to escape. Though the friend managed to

escape, Mr.Raktim was found hiding in a bamboo bush. The armymen brought him to the

front of the residence of Mr.Phillip. The family members of Mr. Phillip were

warned not to come out of theirhome. Armymen then interrogated Mr.Raktim torturing


22/33

him brutally. Mr.Raktim requested armymen not to kill him, but they shot him dead

there and laterhanded overhis dead body to the Police.


Name:- Mr.MoniDeka, Age- 65 Yrs.

Vill:- Napitpara.

P.S.:- Belsor.

Dist:- Nalbari, Assam. India.

Background:- Acultivator.

PERPRETATOR:- 50 CRPF Battalion.( Central Reserve Police Force)

EVENT:


Time:- 12-15 P.M.

Place:- ChamataBalipathar.

On 15 November, Mr.MoniDeka went to his son-in-law's house in ChamataBalipathar,

on a bicycle. When he was about to reach ChamataBalipathar, a CRPF truck knocked

him on down on the road and he died on the spot.

FOLLOW UP:


23/33

Local people immediately seized the truck and handed it overto the police. The Police

have registered a case, but no enquiry was made orany compensation given.

14.CASE NO 48. MASS/EID/97.

Name:- Mr.AbhijitKalita, Age-28 Yrs.

S/o:- Mr. (Late) DebadhorKalita.

Vill:- Pithakowa, Bihaguri.

P.S.:- Tezpur

Dist:- Sonitpur, Assam, India.

Marital status:- Married.


PERPRETATOR:- Indian Army operating in that area.

EVENT:

Date:- 8 June 1997.

Time:- 9-30 AM.

Place:- Sialmari, P.S.- Tihu, Dist:- Nalbari.

On 8 June 1997, at around 9-30 AM, Mr.AbhijitKalita along with his wife and a


24/33

friend entered a house that belonged to Mr.AdityaPathak of Sialmari village and

sat down to have some water. In the mean time a group of armymen entered the house

and chased Mr.Abhijit and his friends. His wife and his friend managed to escape

running through, but theA

rmycaught Mr.

Abhijit in the paddy field.

Afterthat

Army

brought him to the house again and asked the family members whetherhe was a

memberof theirfamily. The Army then raided the next house in search of his

wife and picked up one Mr.PrahladPathak from the house of Mr.AnantakummarHaloi,

who was released aftersome time. Then the Army took away Mr.AbhijitKalita in

theirvehicle.

FOLLOW UP:

Next day Mr. Amitabh Kalita, the youngerbrotherof Mr.AbhijitKalita went to

Nalbari to inquire about his brother, but met with no success as the Police

and Army authorities expressed theirignorance. He went to the Gauhati High Court

and filed a Habeas Corpus(Civil rule(HC)No. 378/97). The High Court ordered the Army

administration to hand overMr.AbhijitKalita immediately to the Police and also

asked the District administration to submit an affidavit. Both the authorities

submitted theiraffidavit stating that the Army have not arrested any person named

Mr.AbhijitKalita. High Court disposed the ofpetition thereafter. But again on

10 July 1997, Mr.AmitabhKalita filed anotherpetition along with three affidavits

of the eyewitnesses from the village from where Mr.Abhijit was arrested. The

High Court admitted the petition and afterthe hearing the Court ordered the Govt.

ofAssam to hold a enquiry underthe Sub-Divisional Magistrate of Nalbari

District and fixed a period of six months forsubmitting the report. The case is

pending before the court.


25/33

15.CASE NO.49. MASS/EID/97

Name:-

Mr.P

intuSaikia,A

ge-

34 Yrs,

S/o:- Mr.AtulSaikia.

Vill:- Dekargaon,

P.S.:- Tezpur.

Dist:- Sonitpur, Assam, India.


PERPRETATOR:- 7 BiharRegiment of Indian Army operating in that area, camped at

Andherighat, Darrang.

EVENT:

Date:- 19 February 1997.

Time:- 4-30 P.M.

Place:- Nawbandha, P.S.-Paneri, Darrang.

On 19 Feb 1997, around 4-30 PM, Mr.PintuSaikia was arrested by 7 BiharRegiment

of the Indian Army, while he was on a bicycle. Eyewitness of this arrest says

that a youth was caught by the Army and tortured on the spot, i.e. Nawbandha, near

Suwola Tea Estate.

FOLLOW UP:


26/33


27/33

PERPRETATOR:- Indian Army operating in that area, camped at Andherighat,

Darrang.

EVENT:

Date:- 20 January 1997.

Time:- 8-30 PM

Place:- Complex of JaljaliBikash Kendra(Development

centre) Darrang.

On 20 January 97 Mr.KironSaharia was enjoying a drama organised by JaljoliBikash

Kendra at theirown complex. Around 8-30 PM, a group of armymen suddenly cordoned

off the complex and picked up Mr.KironSaharia in front of several hundreds of

audience. In that incident the armymen injured one Mr.DipokKalita and

picked up fouryouths namely Mr.MukulDeka, Mr.HarenDeka, Mr.ThaneswarDeka and

Mr.PabanHazarika along with Mr.KironSaharia. Laterthe fouryouths were

released but the whereabouts of Mr.KironSaharia is still not known.

FOLLOW UP:

The family members of the victim went to The Gauhati High Court and filed a Habeas

Corpus petition.But aftercourt ordered the Army authorities to hand overMr.

Kiron, they denied the arrest.

17.CASE NO.51. MASS/EID/97


28/33

Name:- Mr. Kula Gogoi,

Vill:- Morioni,

P.S.:

-Morioni.

Dist:- Jorhat, Assam. India.


PERPRETATOR: Indian Army operating in that area.

EVENT:-

Date:- 12 April' 1997.

Time:-

Place:- Baotoligaon, Na-Kachari, PS.-Morioni, Jorhat.

On 12 April 1997, the Army arrested Mr. Kula Gogoi from Baotoligaon of Jorhat

District, from the residence of Mr. . The next day the Army brought Mr.

KuloGogoi to the place from where he was arrested. But on 14 April the Army

published that Mr.KuloGogoi escaped from Army custody. The same day the Army

handed overthe woolen clothes and the shoes of Mr. Kula Gogoi to the family of Mr.

, from whose residence he was arrested. Eyewitnesses say that they have seen

the photo of the dead body of Mr.KuloGogoi at the Morioni Police Station.

Till date, the whereabouts of Mr.KuloGogoi is not known.


29/33

18.CASE NO. 52. MASS/EJE/97.

Name:- Mr.GobinBarua, Age-47 Yrs,

S/o:- Mr. (Late)

Vill:- Khelmati, Lakhimpurtown.

P.S.:- Lakhimpur.

Dist:- Lakhimpur, Assam. India.

Background:- A businessman.

PERPRETATOR:- Indian Army operating in that area camped at Lilabari.

EVENT:


Time:- Midnight.

Place:- Khelmati, Lakhimpur.

On 19 April midnight, a group of armymen raided the house of Mr.GobinBarua. The

armymen destroyed furnishers and otherhouse materials of Mr.GobinBarua and took

him to theircamp. Till 22 April the Army kept him in its custody and tortured him

continuously.

On 22 April the Army handed him overto the LakhimpurPolice in a very critical


30/33

physical condition. The Police admitted him immediately in the Hospital but Mr.

Barua died in the Hospital.

FOLL

OW UP

:-

The local people and various organisation demanded a enquiry of the death incident,

but like hundreds of other incident, no action was taken in that case.

19.CASE NO. 53. MASS/EJE/97.

Name:- Mr.CheniramNath, Age-35 Yrs,

S/o:- Mr.KhageswarNath.

Vill:- Jamuguri.

P.S.:- Jajori.


Background:- Chairman of the Hatichung unit of Mass.

PERPRETATOR:- 13 MaharRegiment of Indian Army operating in that area camped at

Nagaon.

EVENT:


Time:- 10 P.M..

Place:- Jamuguri, Nagaon.


31/33

On 30th May 97, at about 10PM, Mr.CheniramNath, Chairman of Hatichung unit of

MA

SS, was arrested by theA

rmy, from the residence belonging to one Mr.

Lankeswar

Nath, nearhis own residence at Jamuguri village, underthe Jajori police station of

Nagaon Dist. From eye witnesses, it was known that Cheniram was mercilessly beaten

by the Indian Army without any cause on the spot and latertaken away. Next day, on

31st May, Hundreds of women from that area gheraoed(protest programme) District

commissioner's office demanding immediate release of CheniramNath. Mr. S. Abbasi,

the D.C. of Nagaon District, gave an assurance that he would take immediate action

forhanding overCheniramNath to police custody within 24 hours. But, surprisingly

next day, on 1st June, at about 8 AM the dead body of Mr.CheniramNath was

handed overto SadarPolice station by the Army. The topportion of the skull of

the dead body was missing and the entire body was marks of bayonet injury.

According to the Army, Cheniram was shot dead during the Army operation at

Senchowa, on 31st night, when Cheniram tried to escape. But it is known that

Mr.Cheniram was brutally tortured and laterhe was killed in Army camp. Moreover, on

the stated day no Army operation was carried out in that particulararea i.e.

atSenchowa.

FOLLOW UP:

On 2nd June, a group from MASS members, submitted a memorandum to the Chairman of

the State Human Rights Commission, Assam demanding a high level enquiry of the

incident. On 4th June hundreds ofpeople from different organisations held a sit-in

strike in front of the office of the Deputy Commissionerof the District and on 6

June several organisations like AASU, AJYCP, TTVF, ATTSA and MASS called fora


32/33


33/33

villageChapaguri to take food. At that time a group ofPolice led by the Sub

Divisional Police Officerof Bajali, went to that village. Mr.Sutradhartried to

escaped from the Police running through a paddy field. The Police force chased him

andcaught him about 1 km away and started beating him on the spot. Then the

Police took him to the highway and on the highway they shot him in the leg and

again tortured him brutally. Thereafterhe was taken to the Baghmara Police Station,

where he died in theircustody. LaterPolice confirmed his death by admitting him at

theBaghmara Primary Health Centre.

CONCLUSION: Aftermaking so much ofprovisions forthe protection of

human rights also the rate of violation of human rights are not decreasing but its increasing

day by day specially in the northeastrn states of India. The situation continues to get worse.

Human rights have been violated both by state and non-states against agencies in the state of

Assam. Even though the Central Government set up the National Human Right Commission,

the National Human Right Commission does not have any powerto investigate complaint

against the Indian Army which is a majorhindrance. Clause 19 of this Act prevents the

commission from any investigating any complaints against the Armed Force, thus reducing

the commission to a toothless tiger. The insurgency in Assam has a political root, so we

appeal to the government to see it as such and formulate itspolicies accord.

And some of the provisions of the commission of the state should be

amended specially the composition ofAssam State Human Rights Commission should be

change as because it does not include any persons from the grass root level who were the

actual viewerorthe suffererof the Human Right violations in Assam.

We also want to appeal to the Government to make the establishment of

State Human Right Commission mandatory forevery state, so that the violations of human

right can be minimised atleast to an extent.

human righits of states

Documents